HomeMy WebLinkAbout20194807.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0055, FOR A 280 -FOOT TALL TELECOMMUNICATION ANTENNA
TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - WELD COUNTY
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 27th day of
November, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Weld County, 1150 O St., Greeley, Colorado 80631, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0055, for a 280 -foot tall
Telecommunication Antenna Tower in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption, RE -4715; being part
of the N1/2 NE1/4 of Section 21, Township 11 North,
Range 60 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance 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 22-3-10.A states: "The effective and efficient delivery of
adequate public services is one (1) of the primary purposes and
benefits of effective land use planning. Public services are
government services, such as police and fire protection, health
services and welfare and educational services and programs."The
replacement of the existing County tower will allow for the continued
delivery of these services to County and regional dispatch centers.
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SPECIAL REVIEW PERMIT (USR19-0055) - WELD COUNTY
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2) Section 22-3-40.A.1 (P.Policy 1.1) states: "Encourage consolidation
of public facilities or services and coordination between providers,
to avoid duplication of costs and promote efficiency." The
replacement of the existing County tower supports the
consolidation of wireless communications for law enforcement,
rural fire protection, and other County services, through the joint use
of the Public Safety Communications Tower.
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." This
Code section allows the applicant to apply for a Use by Special
Review permit for the subject tower, which is more intense than
Uses Allowed by Right.
2) Section 23-3-40.11— Uses by Special Review outside of subdivisions
and historic townsites, states: "Telecommunication Antenna
Towers. "This Code section allows the applicant to apply for a public
safety communication tower.
C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
farmland, vacant land, and the Cedar Creek Wind Farm, USR-1563.
One (1) vacant parcel surrounds the USR lot. The applicant does not own
any other contiguous land. The proposed tower will replace an existing
tower and will be compatible with the area. No surrounding properties will
be impacted by this use and it will not cause any nuisances. The Weld
County Department of Planning Services sent notice to two (2) surrounding
property owners within 500 feet of the proposed USR boundary. No
responses were received. No other correspondence or phone calls were
received.
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 this Code or master plans of affected municipalities. This site is not
located within the 0.5 -mile referral radius of any municipality. The site is not
located within a Coordinated Planning Agreement (CPA), Regional
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SPECIAL REVIEW PERMIT (USR19-0055) — WELD COUNTY
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Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a
municipality.
E. Section 23-2-230.6.5 — The application complies with Articles V and XI of
this Chapter, if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
County. The property is not located within the A -P (Airport) Overlay District,
Geologic Hazard Overlay District, a Special Flood Hazard Area or 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 site is designated as "Other Land," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed USR will
not remove any agricultural land from production. The subject site is not
currently used for agricultural purposes, as the small, approximately two
(2) -acre parcel, is not suitable for agricultural production. Additionally, the
site has historically been used for a telecommunication tower and there are
existing improvements onsite.
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. The
referrals from the Weld County Environmental Health and Weld County
Public Works, dated September 6, 2019 and September 16, 2019,
respectively, provide additional background and advisory information
regarding designing and operating the site in conformance with the
interests of the County, public, and other governmental agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Weld County, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0055, for a 280 -foot tall Telecommunication Antenna
Tower 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 submit a copy of the recorded Fall -Zone Easement
agreement, if applicable.
B. There is a Use by Special Review Permit, USR-1563, reception #3518476,
for a Major Facility of a Public Utility (Cedar Creek Wind Farm) in the
A (Agricultural) Zone District. This USR encompasses Lot A of Recorded
Exemption, RE -4715. The applicant shall submit a partial vacation request
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and revised the USR-1563 map for submittal to the Department of Planning
Services for review and approval by the Board of County Commissioners.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0055.
2) The attached Development Standards.
3) The map shall be prepared, per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label the location of proposed tower
and proposed and existing communications equipment shelter.
5) The applicant shall show and label the location of the security fence
and gate.
6) The applicant shall show and label the location of the recorded
fall -zone easement, if applicable.
7) The applicant shall show and label the location of the parking area,
if applicable.
8) The applicant shall show and label the location of the trash
collection area, if applicable. Section 23-3-250.A.6. of the Weld
County Code addresses the issue of trash collection areas.
9) 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.
10) The applicant shall show and label any lighting, if applicable. All
lighting shall be downcast and shielded so light rays will not shine
directly onto adjacent properties.
11) 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.
12) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number, including the existing 30 -foot access easement and 20 -
foot utility easement, per RE -4715, the Foster access easement
and the Jolly access easement.
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13) County Road 105 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 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.
14) County Road 128 Section Line is shown to have 60 feet of
unmaintained section line right-of-way, per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. The applicant shall show and label the
section line right-of-way as "CR 128 Section Line Right -of -Way, not
County maintained." All setbacks shall be measured from the edge
of the right-of-way.
15) 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.
16) The applicant shall show and label the drainage flow arrows.
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
within one hundred twenty (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 map not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be 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.
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5. The Use by Special Review 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
map 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 27th day of November, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didet) XL:Ok
Weld County Clerk to the Board
BY: W (�
eputy Clerk to the Board
APP eVED AS T
o my Attorney
Date of signature: 12 -II 6/I9
}A4t/LA
arbara Kirkmeyer, C7hair
Mike Freeman, Pro-Tem
EXCUSED
Sean 'i Conwa
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WELD COUNTY
USR19-0055
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0055, is
for a 280 -foot tall Telecommunication Antenna Tower in the A (Agricultural) Zone District
and is 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. The tower shall remain in compliance with Chapter 23, Article IV, Division 10 of the Weld
County Code - Antennas and Towers regulations.
4. The tower shall adhere to the approved Decommissioning Plan, as submitted in the
application materials.
5. Co -location shall be accommodated when possible, as detailed in the application
materials.
6. 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.
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. 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.
11. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
12. The historical flow patterns and run-off amounts on the site will be maintained.
13. 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.
14. 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.
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15. 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.
16. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable and shall be screened. Portable toilets shall be serviced
by a cleaner licensed in Weld County and shall contain hand sanitizers.
17. Fugitive dust and fugitive particulate emissions shall be attempted to be controlled
throughout the duration of construction of the tower.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
19. 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.
20. Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently, the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
21. 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 Staff to
determine whether or not a new or amended Use by Special Review (USR) will be
required.
22. 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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23. 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.
24. The property owner or operator shall be responsible for complying with all of 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.
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 persons 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 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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