HomeMy WebLinkAbout20210550.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0036, FOR A 199 -FOOT TALL TELECOMMUNICATION ANTENNA
TOWER AND ASSOCIATED GROUND EQUIPMENT IN THE A (AGRICULTURAL)
ZONE DISTRICT - CACTUS HILL RANCH COMPANY, C/O MATT SCHILZ, PUBLIC
RADIO FOR THE FRONT RANGE / KRFCFM
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 3rd day of
March, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Cactus Hill Ranch Company, 38990 State Highway 257, Fort Collins, Colorado
80524, c/o Matt Schilz, Public Radio for the Front Range / KRFCFM, 619 South College
Avenue #2, Fort Collins, Colorado 80524, for a Site Specific Development Plan and Use by
Special Review Permit, USR20-0036, for a 199 -foot tall Telecommunication Antenna Tower and
associated ground equipment in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
Part of the SE1/4 of Section 17, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Matt Schilz, Public Radio
for the Front Range / KRFCFM, 3801 Caribou Drive, Fort Collins, Colorado 80525, 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 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations." The proposed tower will be
located on a dry corner of a property utilizing a center pivot for
agricultural production and will be located on a Subdivision
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SPECIAL REVIEW PERMIT (USR20-0036) - CACTUS HILL RANCH COMPANY,
C/O MATT SCHILZ, PUBLIC RADIO FOR THE FRONT RANGE / KRFCFM
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regard to the agricultural production, therefore, this land use change
is not inhibiting agricultural production, nor operations.
2) Section 22-2-30.C.8 states: "Encourage development that
preservers land for agricultural, rangeland, wetlands, and critical
habitats."The proposed tower is not located within the A -P (Airport)
Overlay District, Geologic Hazard Overlay District, a Special Flood
Hazard Area or Municipal Separate Storm Sewer System (MS4)
area.
3) Section 22-2-40.A.4 states: "Innovate, develop and capitalize on
the necessary tools and defunding mechanisms to incentive
economic development." Telecommunication towers and
infrastructure enhance economic development through increasing
the broadband resulting in increased efficiency and messaging. It
can increase efficiency with existing businesses located in the
County and consumer surplus can be generated with new
telecommunication services. Public Radio for the Front Range will
be able to reach a larger audience and supply them with its free,
community -based information and entertainment source.
Furthermore, Public Radio for the Front Range will allow co -location
on the tower. This can support the wireless communications for law
enforcement, rural fire protection and other agencies.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "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 is compatible with the surrounding agricultural operations
and will not interfere with them.
2) Section 23-3-40.11 — Uses by special review, of the Weld County
Code, states: "Telecommunication Antenna Towers." This code
section allows the applicant to apply for the subject
telecommunication tower.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The subject property does not
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currently have a Use by Special Review Permit on it. There is no residence
onsite. There are several Use by Special Review permits within
one (1) mile of the subject property, including: one (1) solar array facility,
one (1) labor housing, one (1) agricultural services, one (1) non -1041 major
facility, one (1) water tank, one (1) mineral resource development facility,
two (2) towers, two (2) sheep operations, two (2) feed lots and three (3)
second Single -Family Dwellings. The Weld County Department of Planning
Services sent notice to 25 surrounding property owners within 500 feet;
however, no correspondence, emails, or phone calls were received
regarding the proposed application. Additionally, the FAA/FCC and Francis
E. Warren Air Force Base did not return a referral indicating the proposed
structure would affect military or commercial airspace.
D. Section 23-2-230.6.4 — 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 located within the Coordinated Planning
Agreement (CPA) Areas of the Towns of Severance, Windsor, and
Timnath. Severance indicated no interest in annexation and had no further
comments on the signed Notice of Inquiry (NOI) form dated October 22,
2020. Additionally, Severance had no comments on the referral dated
December 18, 2020. The Town of Windsor did not respond to the NOI form,
but stated no concerns on the referral dated December 11, 2020. Timnath
did not respond to the NOI form, nor did they respond to the referral.
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 located
within the A -P (Airport) Overlay District, Geologic Hazard Overlay District,
a Special Flood Hazard Area or Municipal Separate Storm Sewer
System (MS4) area. Building Permits issued on the lot 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 proposed location of the tower is located in a dry corner of a pivot
therefore, the proposed site is not being used for agricultural production.
Additionally, the property is being permitted with a Subdivision Exemption,
SUBX20-0014, to define the small boundary size, limiting the expansion of
the site. The larger parent parcel will continue to be in agricultural
production, per the application material.
G. Section 23-2-230.6.7 — 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
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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 Cactus Hill Ranch Company, c/o Matt Schilz, Public
Radio for the Front Range / KRFCFM, for a Site Specific Development Plan and Use by Special
Review Permit, USR20-0036, for a 199 -foot tall Telecommunication Antenna Tower and
associated ground 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 Subdivision Exemption, SUBX20-0014, plat shall be submitted to the
Department of Planning Services for recording.
B. The applicant shall submit a copy of the recorded fall -zone easement
agreement.
C. A Road Maintenance Agreement, during construction, is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
D. The applicant shall submit a recorded copy of any agreement signed by all
of the owners of the property crossed by the access. The access shall be
for ingress, egress, utilities and shall be referenced on the USR map by the
Weld County Clerk and Recorder's Reception number.
E. The map shall be amended to include the following:
1) All sheets of the map shall be labeled USR20-0036.
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) The applicant shall show and label the location of the proposed
tower and proposed and existing communications equipment
shelter.
5) The applicant shall show and label the location of the recorded
fall -zone easement.
6) The applicant shall show and label any signs, if applicable. Signs
shall adhere to Chapter 23, Article IV, Division 2,
Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
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7) The applicant shall show and label any lighting, if applicable. All
lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties.
8) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
requirements are located in Section 23-3-50.E of the Weld County
Code.
9) County Road 80 is a paved 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.
10) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) 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.
13) The applicant shall show and label the drainage flow arrows.
14) 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
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
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SPECIAL REVIEW PERMIT (USR20-0036) - CACTUS HILL RANCH COMPANY, C/O
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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 Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall added for each additional three (3) month period.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -
site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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 3rd day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: digto(vo..Z104 &k,
Weld County Clerk to the Board
eputy Clerk to the Board
APPRQVED
y ttorney
Date of signature: 3
Steve oreno, Chair
ike Freeman
l
Lori Saine
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CACTUS HALL RANCH COMPANY,
C/O MATT SCHILZ, PUBLIC RADIO FOR THE FRONT RANGE / KRFCFM
USR20-0036
1. A Site Specific Development Plan and Use by Special Review Permit, USR20-00036, is
for a 199 -foot tall Telecommunication Antenna Tower and associated ground 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. The tower is operational 24 hours per day, year round.
5. The tower shall remain in compliance with Chapter 23, Article IV, Division 10 of the Weld
County Code — Antennas and Towers regulations.
6. The tower shall adhere to the approved Decommissioning Plan, as submitted in the
application materials.
7. Co -location of other antenna by other service providers shall be permitted on the tower.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
9. 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.
10. 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.
11. 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.
12. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the tower.
13. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County, shall contain hand sanitizers and be removed upon completion of
construction.
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14. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
15. 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.
16. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
18. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
19. The historical flow patterns and runoff amounts on the site will be maintained.
20. 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.
21. Building Permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
22. Addition of equipment onto existing Telecommunication Tower facilities shall not require
a new or amended Use by Special Review Permit, if the tower height remains unchanged,
the coverage area and communication reception for existing facilities are not impacted,
and the area occupied by the Telecommunications tower and accessory equipment does
not expand. Other additions of equipment onto existing Telecommunication Tower
facilities that extend the tower height and/or expand the area occupied by the tower and/or
accessory equipment shall be reviewed by the Department of Planning Services to
determine whether or not a new or amended Use by Special Review Permit will be
required.
23. 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.
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24. 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.
25. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
26. 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.
27. 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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