HomeMy WebLinkAbout20194809.tiffPlanner:
Michael Hall
LAND USE APPLICATION
SUMMARY SHEET
Hearing Date: November 5, 2019
Case Number: USR19-0055
Owner: Weld County Government
Applicant: Weld County Department of Public Safety
c/o Walter Leslie, Public Safety Wireless Communications Systems Manager
Request: A Site Specific Development Plan and Use by Special Review Permit for a 280 -foot tall
Telecommunication Antenna Tower in the A (Agricultural) Zone District.
Legal Lot A of Recorded Exemption RE -4715; being a part of the N2NE4 of Section 21, T11 N,
Description: R60W of the 6th P.M., Weld County, CO
Location: Approximately 1.15 miles west of CR 105; approximately 0.05 miles south of CR 128
Size of Parcel: +/- 1.93 acres Parcel No. 0215-21-1-00-005
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Federal Aviation Administration, referral dated October 24, 2019
Y Weld County Department of Public Works, referral dated September 16, 2019
Y Weld County Department of Public Health and Environment, referral dated September 6, 2019
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated August 21, 2019
Y West Greeley Conservation District, referral dated September 9, 2019
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Pawnee Fire Protection District
▪ Federal Communications Commission
▪ Colorado Parks and Wildlife
▪ Weld County Public Safety Wireless Communications Manager
USR19-0055— Weld County
Page 1 of 10
Planner:
Case Number:
Owner:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
Michael Hall
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: November 5, 2019
USR19-0055
Weld County Government
Weld County Department of Public Safety
do Walter Leslie, Public Safety Wireless Communications Systems Manager
A Site Specific Development Plan and Use by Special Review Permit for a 280 -foot tall
Telecommunication Antenna Tower in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RE -4715; being a part of the N2NE4 of Section 21, T11N,
R60W of the 6th P.M., Weld County, CO
Approximately 1.15 miles west of CR 105; approximately 0.05 miles south of CR 128
+/- 1.93 acres Parcel No. 0215-21-1-00-005
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for a
280 -foot tall self-supporting tower on an approximately two (2) acre parcel. The facility is known as the
Grover Site and is located in northeast Weld County. The new tower will provide infrastructure for an
enhanced public safety radio system, which is utilized by the Weld County Regional Communications
Center to dispatch law enforcement, fire and emergency medical services responders throughout Weld
County. The public safety communications tower will be owned and operated by Weld County and will
replace an existing 260 -foot tall guyed tower. Existing ground equipment will be updated or replaced as
necessary. The existing tower was built prior to Weld County Zoning regulations (August 30, 1972), and
was designated as a non -conforming use, case number NCU-474, on December 11, 2007. Because the
260 -foot tower is being removed and replaced by the new subject 280 -foot tower, a USR permit is required
as NCU-474 becomes void per Section 23-7-30.A of the Weld County Code, which states: "No such
nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was
occupied at the effective date of adoption of the ordinance codified herein or amendment of this Chapter
without first having received a special review permit pursuant to the procedure established in Article II,
Division 4 of this Chapter."
The site is accessed from County Road 105, then approximately one (1) mile west on unmaintained
County Road 128 section line right-of-way. The access road may veer south, out of the section line right-
of-way. In that event, separate access easement agreements have been obtained for the two (2)
properties lying south of County Road 128, owned by the Jolly's (reception # 4350978) and the Foster's
(reception # 4342720). After one (1) mile west on County Road 128, the access road turns southwest and
crosses Lot B of RE -4715, owned by Penny Anderson. A 30 -foot access easement provides legal access
across Lot B of RE -4715 for the benefit of Lot A of RE -4715, being the subject USR site, as dedicated on
the Recorded Exemption plat map, recorded November 30, 2007, reception # 3520581.
The tower generator and equipment shelter compound (approximately 3,500 square feet) has a gravel
surface. The rest of the property has native grass cover. A six-foot (6') chain -link fence and gate will
surround the compound. Construction is anticipated to take two (2) months. Once built, the facility will be
unmanned and maintenance workers will inspect the tower facility as needed, approximately once a
month. A fall -zone easement with a 280 -foot radius to match the tower height has been drafted by the
Weld County Attorney's Office which will encumber a limited portion of Lot B of RE -4715. This easement
will contain the tower if it should fall onto the surrounding property. No outdoor storage is proposed.
USR19-0055 — Weld County
Page 2 of 10
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
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.
Sec. 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 23-2-220.A.2. -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District.
Section 23-3-10. — Intent, of the Weld County Code 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.
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 public safety communication tower.
C. Section 23-2-220.A.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 completely surrounds the USR lot. The applicant does
not own any other contiguous land. The proposed tower will replace an existing tower
and the 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.
USR19-0055— Weld County
Page 3 of 10
D. Section 23-2-220.A.4 -- That the uses which would 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 one-half (1/2) mile referral radius of any municipality.
The site is not located within a Coordinated Planning Agreement (CPA), Regional
Urbanization Area (RUA) or Urban Growth Boundary (UGB) of a municipality.
E. Section 23-2-220.A.5 -- That 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 Program, County Facility Fee and Drainage Impact Fee
Programs.
F. Section 23-2-220.A.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 already historically been used for a telecommunication tower
and there are existing improvements on -site.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
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 health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Weld County Environmental Health and Weld County Public Works referrals, dated
September 6 and September 16, 2019, 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.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. The applicant shall submit a copy of the recorded fall -zone easement agreement.
(Department of Planning Services)
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 RE -4715. The applicant shall submit a partial vacation request and
revised USR-1563 map to the Department of Planning Services for review and approval by
the Board of County Commissioners. (Department of Planning Services)
USR19-0055— Weld County
Page 4 of 10
C. 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.
(Department of Public Works)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0055. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
4) Show and label the location of proposed tower and proposed and existing
communications equipment shelter. (Department of Planning Services)
5) Show and label the location of the security fence and gate. (Department of Planning
Services)
6) Show and label the location of the recorded fall -zone easement. (Department of
Planning Services)
7) Show and label the location of the parking area, if applicable. (Department of
Planning Services)
8) 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.
(Department of Planning Services)
9) 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. (Department of Planning Services)
10) 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. (Department of
Planning Services)
11) 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. (Department of Planning Services)
12) 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. (Department of Planning Services)
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 on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
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. Show and label the section line Right-of-
USR19-0055— Weld County
Page 5of10
Way as "CR 128 Section Line Right -Of -Way, not County maintained." All setbacks
shall be measured from the edge of right-of-way. (Department of Public Works)
15) Show and label the approved access locations, approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
16) Show and label the drainage flow arrows. (Department of Public Works)
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. (Department of Planning Services)
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 added
for each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
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. (Department of Planning Services)
USR19-0055 — Weld County
Page 6 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Weld County (Grover Site)
USR19-0055
1. 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, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The tower shall remain in compliance with Chapter 23, Article IV, Division 10 of the Weld County
Code - Antennas and Towers regulations. (Department of Planning Services)
4. The tower shall adhere to the approved Decommissioning Plan, as submitted in the application
materials. (Department of Planning Services)
5. Co -location shall be accommodated when possible, as detailed in the application materials.
(Department of Planning Services)
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. (Department of Planning Services)
7. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
8. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
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. (Department of Public
Works)
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. (Department of Public Works)
12. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Public Works)
13. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
14. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination. (Department of Public Health and
Environment)
15. 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, 30-20-100.5, C.R.S. (Department of Public Health
and Environment)
USR19-0055— Weld County
Page 7 of 10
16. During construction, waste materials shall be handled, stored, and disposed 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 1 of the Weld County
Code. (Department of Public Health and Environment)
17. 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 and
shall contain hand sanitizers. (Department of Public Health and Environment)
18. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the tower. (Department of Public Health and Environment)
19. The operation shall comply with all applicable rules and regulations of State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
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. (Department of
Planning Services)
21. 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 has been adopted by Weld
County: 2018 International Building Codes; 2018 International Residential Code; 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. (Department of Building 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 Staff to determine whether or not a new or amended Use by
Special Review (USR) 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.
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 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.
USR19-0055 — Weld County
Page 8 of 10
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 person moving into these
areas must recognize the various impacts associated with this development. Often times, 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. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials often
produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,
C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they
cannot take water from irrigation ditches, lakes, or other structures, unless they have an
adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size
(twice the size of the State of Delaware) with more than three thousand seven hundred (3,700)
miles of state and County roads outside of municipalities. The sheer magnitude of the area to be
served stretches available resources. Law enforcement is based on responses to complaints
more than on patrols of the County, and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often they are bladed, will not provide the same kind of
surface expected from a paved road. Snow removal priorities mean that roads from subdivisions
to arterials may not be cleared for several days after a major snowstorm. Services in rural areas,
in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be
more self-sufficient than urban dwellers.
USR19-0055 — Weld County
Page 9 of 10
People are exposed to different hazards in the County than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs
and livestock, and open burning present real threats. Controlling children's activities is important,
not only for their safety, but also for the protection of the farmer's livelihood.
USR19-0055— Weld County
Page 10 of 10
October 08, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
LESLIE WALTER
1551 N 17TH AVE STE # 2
GREELEY, CO 80631
Subject: USR19-0055 - A Site Specific Development Plan and Use by Special Review Permit for a
280 -foot tall Telecommunication Antenna Tower in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -4715, PART N2NE4 SECTION 21, T11 N, R60W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 5, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 27,
2019 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
If you have any questions concerning this matter, please call.
Respe_fully,
Michael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
August 16, 2019
LESLIE WALTER
1551 N 17TH AVENUE SUITE # 2
GREELEY, CO 80631
Subject: USR19-0055 - A Site Specific Development Plan and Use by Special Review Permit for a
280 -foot tall Telecommunication Antenna Tower in the A (Agricultural) Zone District.
On parcel(s) of land described as:
LOT A REC EXEMPT RE -4715, PART N2NE4 SECTION 21, T11 N, R60W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respp.etful ly,
Michael Hall
Planner
FIELD CHECK
Inspection Date: 10/23/2019
Planner:
Case Number:
Owner:
Applicant:
Request:
Legal
Description:
Location:
Size of Parcel:
Michael Hall Hearing Date: November 5, 2019
USR19-0055
Weld County Government
Weld County Department of Public Safety
c/o Walter Leslie, Public Safety Wireless Communications Systems Manager
A Site Specific Development Plan and Use by Special Review Permit for a 280 -foot tall
Telecommunication Antenna Tower in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RE -4715; being a part of the N2N E4 of Section 21, T11 N,
R60W of the 6th P.M., Weld County, CO
Approximately 1.15 miles west of CR 105; approximately 0.05 miles south of CR 128
+/- 1.93 acres
Parcel No. 0215-21-1-00-005
Zoning
Land Use
N
A (Agricultural)
N
Wasteland / USR-1563 (Wind Farm)
E
A (Agricultural)
E
Wasteland / USR-1563 (Wind Farm)
S
A (Agricultural)
S
Wasteland / USR-1563 (Wind Farm)
W
A (Agricultural)
W
Wasteland / USR-1563 (Wind Farm)
COMMENTS:
The site is located approximately 1.15 miles west of CR 105 (gravel) and is accessed via a two -track dirt
road on the CR 128 section line. Two wire fences (for cow containment) must be opened to get to the
site. The road turns southwest and the site is approximately 0.05 miles south of CR 128 section line. The
site is completely surrounded by one parcel. The surrounding land is vacant and primarily wasteland due
to bluffs, rock outcroppings and variable topography. The Cedar Creek wind farm is located on all the
surrounding parcels and turbines are the nearest and most prolific land use. Several wind turbine access
roads cross the CR 128 section line two -track. Ranching and large tracts with rural residences are also in
the area. The tower is located on a high spot.
The site contains the existing 260' guyed tower and associated ground equipment. The site is bordered
by an existing chain -link fence and gate. Another chain -link fence and gate secures the existing tower
compound. There is no landscaping or visual screening.
Michael Hall, Planner II
Hello