HomeMy WebLinkAbout20221688.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT, USR22-0011, FOR A TELECOMMUNICATIONS ANTENNA
TOWER (330 -FOOT TALL GUYED ANTENNA WITH ASSOCIATED EQUIPMENT) IN
THE A (AGRICULTURAL) ZONE DISTRICT - GEORGE J. LEIS FAMILY TRUST,
C/O DOROTHY LEIS, AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER
WEST, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 22nd day
of June, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of George J. Leis Family Trust, c/o Dorothy Leis, and Sharon R. Wolever Trust,
32093 County Road 31, Merino, Colorado 80741, c/o Industrial Tower West, LLC, 205 South
Maloney Drive, North Platte, Nebraska 69101, for a Site Specific Development Plan and Use by
Special Review Permit, USR22-0011, for a Telecommunications Antenna Tower (330 -foot tall
guyed antenna with associated equipment) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the E1/2 of Section 25, Township 9 North,
Range 57 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Rick Bailey, Industiial
Tower West, LLC, 1224 West Platte Avenue, Fort Morgan, Colorado 80701, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
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2022-1688
PL2826
SPECIAL REVIEW PERMIT (USR22-0011) - GEORGE J. LEIS FAMILY TRUST,
C/O DOROTHY LEIS AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER
WEST, LLC
PAGE 2
1) Section 22-2-30.C.1 states: "Transition between land use types and
intensities with buffers. Uses that are incompatible with existing
uses must be able to mitigate conflicts." The proposed tower is a
significant distance from existing residences.
2) Section 22-2-40.A states: "Support compatible economic
development opportunities." The proposed tower will improve
access to wireless phone, broadband and emergency services
which will enhance work and economic development opportunities
in this region. The tower is in a rural area with no residences or
structures nearby.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) The proposed use is permittable under Section 23-3-40.HH as a
Use by Special Review. "Agriculture in the County is considered a
valuable resource which must be protected from adverse impacts
resulting from uncontrolled and undirected business, industrial and
residential land uses. The A (Agricultural) Zone District . is
established to maintain and promote agriculture as an essential
feature of the county. The A (Agricultural) Zone District is intended
to provide areas for the conduct of agricultural activities and
activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." The
proposal meets the intent because the facility will occupy only a
small acreage on the property and will not impact agricultural
production.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed use is in an area
that can support this development and the proposed Conditions of Approval
and Development Standards will assist in mitigating the impacts of the
facility on adjacent properties and ensure compatibility with surrounding
land uses and region. The proposed telecommunication tower is in a
remote rural area and is not near existing residences. Surrounding lands
consist of dryland crops and rangelands. The nearest residences are
approximately two (2) miles from the proposed tower site.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is not located within a three (3) mile referral area of
2022-1688
PL2826
SPECIAL REVIEW PERMIT (USR22-0011) - GEORGE J. LEIS FAMILY TRUST,
C/O DOROTHY LEIS AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER
WEST, LLC
PAGE 3
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, Agricultural Heritage Overlay District,
Airport Overlay District, or a Special Flood Hazard Area. Building Permits
issued on the property will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposal is located on approximately 318 acres delineated as
"Prime if Irrigated", per the 2020 Natural Resource Conservation Service
Soil Survey. The disturbed/developed area around the tower will be
minimal (only 3,000 square feet) with some smaller disturbance areas
where the guy wires will connect to the ground. No irrigation is located on
the property.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of George J. Leis Family Trust, c/o Dorothy Leis, and
Sharon R. Wolever Trust, c/o Industrial Tower West, LLC, for a Site Specific Development Plan
and Use by Special Review Permit, USR22-0011, for a Telecommunications Antenna
Tower (330 -foot tall guyed antenna with associated equipment) in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall attempt to address the comments of the Weld County
Oil and Gas Energy Department (OGED), as stated in the referral
comments dated March 30, 2022. Written evidence of such shall be
provided to the Department of Planning Services.
B. The applicant shall attempt to address the comments of the U.S. Fish and
Wildlife Service, as stated in their referral dated May 10, 2022. Written
evidence of such shall be provided to the Department of Planning Services.
2022-1688
PL2826
SPECIAL REVIEW PERMIT (USR22-0011) - GEORGE J. LEIS FAMILY TRUST,
C/O DOROTHY LEIS AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER
WEST, LLC
PAGE 4
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0011.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 102 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
5) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the map, along with the
documents creating the right-of-way.
6) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
location prior to construction.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
8) The applicant shall show and label the approved tracking control on
the site plan.
9) The applicant shall show and label the drainage flow arrows.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
2022-1688
PL2826
SPECIAL REVIEW PERMIT (USR22-0011) - GEORGE J. LEIS FAMILY TRUST,
C/O DOROTHY LEIS AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER
WEST, LLC
PAGE 5
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Operation:
A. Bird diverters shall be installed on the guy wires associated with the tower.
5. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
Building or Electrical Permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WD COUIYi', COLORADO
ATTEST: W.,O44.) JC j0;4,
Weld County Clerk to the Board
orney
Date of signature: 1 - 19 - d a
tt K. James, Chair
2022-1688
PL2826
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GEORGE J. LEIS FAMILY TRUST, C/O DOROTHY LEIS,
AND SHARON R. WOLEVER TRUST,
C/O INDUSTRIAL TOWER WEST, LLC
USR22-0011
1. Site Specific Development Plan and Use by Special Review Permit, USR22-0011, is for a
Telecommunications Antenna Tower (330 -foot tall, guyed antenna with associated
equipment) in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. This is an unmanned facility.
4. Co -location of other antenna by other service providers shall be permitted on the tower.
5. The bird diverters on the guy wires shall be maintained.
6. Upon termination of the use of the telecommunication antenna tower, the equipment
shelter, antenna structure, and any associated equipment shall be removed, and the
premises restored to its original condition according to the Decommissioning Plan.
7 The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
8. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
10. Prior to the release of Building Permits, the applicant shall be required to submit a
complete Commercial Access application for the "preliminarily approved" access location,
as shown on this plan.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
13. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
2022-1688
PL2826
DEVELOPMENT STANDARDS (USR22-0011) - GEORGE J. LEIS FAMILY TRUST,
C/O DOROTHY LEIS, AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER
WEST, LLC
PAGE 2
14. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I of the Weld County Code.
15. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the tower.
16. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable and shall be serviced by a cleaner licensed in Weld County,
shall contain hand sanitizers, be screened from public view, and be removed upon
completion of construction.
17. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
18. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
19. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
22. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
23. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
2022-1688
PL2826
DEVELOPMENT STANDARDS (USR22-0011) - GEORGE J. LEIS FAMILY TRUST,
C/O DOROTHY LEIS, AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER
WEST, LLC
PAGE 3
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
24. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
25. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
26. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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