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LAND USE APPLICATION
SUMMARY SHEET
C. Gathman Hearing Date: March 5, 2018
Case Number: USR18-0123
Applicant: Duangchai Washburn C/O Nexius Solutions, Inc. (Joe Oliver)
Address: 1000 Speer Blvd., Denver, CO. 80204
Request: A Site Specific Development Plan and Use by Special Review Permit for a 256 -foot high
guyed Telecommunication Antenna Tower in the A (Agricultural) Zone District.
Legal Subdivision Exemption SUBX19-0006; located in the SE4 of Section 12, T8N, R62W of
Description: the 6'h PM, Weld County, Colorado
Location: Approximately 300 -feet north of County Road 92 and approximately 2,440 feet west of
County Road 83.
Size of Parcel: +/- 160.94 acres Parcel No. 0545-14-4-00-007
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:
v
Weld County Department of Public Works, referral dated 1/21/2019
Weld County Department of Public Health and Environment, referral dated 1/14/2019
Public Safety Wireless Communications Manager, referral dated 12/20/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated 12/20/2018
Weld County Sheriff's Office, referral dated 12/20/2018
The Department of Planning Services' staff has not received responses from the following agencies:
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Federal Aviation Administration
Colorado Department of Transportation
Colorado Parks and Wildlife
Briggsdale Fire District
RE -10J School District
Farm Service Administration
Greeley Soil Conservation District
USR18-0123, Nexius Solutions INC
Planner:
C. Gathman
Case Number: USR18-0123
Applicant:
Address:
Request:
Legal
Description:
Location:
Size of Parcel:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Hearing Date: March 5, 2019
Duangchai Washburn CIO Nexius Solutions, Inc. (Joe Oliver)
1000 Speer Blvd., Denver, CO. 80204
A Site Specific Development Plan and Use by Special Review Permit for a 256 -foot high
guyed Telecommunication Antenna Tower in the A (Agricultural) Zone District.
Subdivision Exemption SUBX19-0006; located in the SE4 of Section 12, T8N, R62W of
the 6'h PM, Weld County, Colorado
Approximately 300 -feet north of County Road 92 and approximately 2,440 feet west of
County Road 83.
+1- 160.94 acres Parcel No. 0545-14-4-00-007
The applicant is proposing a 256 -foot high Telecommunication Antenna Tower that will support AT&T and
accommodate at least three (3) additional wireless carriers. The tower will assist in wireless coverage in
the area. The tower will also provide FirstNet to the area. The application states that FirstNet is an
independent federal entity to ensure the building and deployment of the first nationwide, interoperable
wireless broadband for public safety. The proposed tower is to locate on a vacant parcel. An existing 198 -
foot tower is located on the property to the north.
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 22-2-20.G.2 — A Policy 7.2 states, "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site
is in an area that can support such development, and should attempt to be compatible with
the region."
The proposed tower is in a rural area and is not located in close proximity to residences.
The applicant is proposing to allow co -location of three (3) other providers along with AT&T.
The tower will meet the 100% setback from property lines.
Section 22-3-40 B P.Goal 2. States, Require adequate facilities and services to assure
the health, safety and welfare of the present and future residents of the County."
USR18-0123, Nexius Solutions INC
The telecommunication antenna tower is proposed to introduce FirstNet to this area.
FirstNet is a federally established entity charged with the building and deployment of the
first nationwide, interoperable wireless broadband network for public safety.
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
The application states that the existing tower to the north will be shorter (190 -feet) and if
the applicant co -located on the tower it would be in a subordinate position and the network
coverage would be less than proposed tower. The applicant wants to expand the coverage
of the tower as much as possible and is proposing to do so under the new tower.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.L. which allows for A Site Specific
Development Plan and Use by Special Review Permit for a 258 -foot tall
telecommunications tower in the A (Agricultural) Zone District.
Section 23-3-10 — Intent states: The (Agricultural) Zone District is also intended to provide
areas for the conduct of Uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than Uses Allowed by Right."
Development Standards and conditions of approval s
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The proposed tower is located in a rural area. The nearest residence is approximately 1
mile to the northeast. An existing tower (198 -feet tall approved under USR-974) is located
on a property to the north of the site approximately 0.5 miles to the north.
Residences in the area are located well outside of the 100% setback for the tower.
Representatives on behalf of the existing tower facility to the north have indicated that they
will be objecting to the request. However, a formal response has not been received at this
time.
D. Section 23-2-220.A.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 any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
E. Section 23-2-220.A.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, a Special Flood Hazard
Area or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
Building Permits issued on the proposed lot will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
USR18-0123, Nexius Solutions INC
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 proposed facility is located on approximately 160.54 acres delineated as ' Other" and
"Prime If Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld
County Map. The footprint of the tower lease area is minimal (50 -feet x 50 -feet).
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.
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 plat:
A. The applicant shall record Subdivision Exemption SUBX19-0006. (Department of Planning
Services)
B. The applicant shall submit to the Department of Planning Services, evidence of a recorded
easement or agreement granted by the adjacent property owner which recognizes the fall
zone of the tower onto the burdened property. (Department of Planning Services)
C. The applicant shall provide written verification from the Federal Aviation Administration
(FAA) that the proposed tower has been approved. (Federal Aviation Administration)
D. The plat shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0123. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. County Road 83 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 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)
5. County Road 92 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 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)
6. 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 operation. (Department of Public Works)
USR18-0123, Nexius Solutions INC
7. 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.
(Department of Public Works)
8. Show and label a 30 -foot minimum access and utility easement to provide legal access
to the Telecommunication Tower site on the site plan. (Department of Public Works)
9. Show and label the drainage flow arrows. (Department of Public Works)
10. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
11. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with
all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat 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
plat 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. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
mapsRco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
6. The Use by Special Review 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. (Department of Planning Services)
USR18-0123, Nexius Solutions INC
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AT&T
USR18-0123
1. A Site Specific Development Plan and Use by Special Review Permit, USRY18-0123, for 256 -foot high
guyed 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. Collocation of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
4. Upon termination of the use of the communication 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. (Department of Planning Services)
5. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, Section 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)
6. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
7. 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)
8. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the tower. (Department of Public Health and Environment)
9. 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)
10. 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)
11. 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)
12. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
15. 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)
USR18-0123, Nexius Solutions INC
16. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. 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)
17. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
18. 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.
19. 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.
20. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
21. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory
or other notice of non-compliance. (Department of Public Health and Environment)
22. 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. (Department of Public Health and
Environment)
23. 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.
USR18-0123, Nexius Solutions INC
24. WELD COUNTY'S RIGHT TO FARM: 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.
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, sandburs, 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.
USR18-0123, Nexius Solutions INC
February 1, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
OLIVER JOSEPH
1000 SPEER BOULEVARD, APT. 603
DENVER, CO 80204
Subject: USR18-0123 - A Site Specific Development Plan and Use by Special Review Permit for a
256 -foot Telecommunication Antenna Tower in the A (Agricultural) Zone District.
On parcel(s) of land described as:
SW4 SECTION 14, T8N, R62W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 5, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 20, 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.weldcountyplannirgcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
(V1/411 -
Chris Gathman
Planner
December 19, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
OLIVER JOSEPH
1000 SPEER BLVD, APT. 603
DENVER, CO 80204
Subject: USR18-0123 - A Site Specific Development Plan and Use by Special Review Permit for a
256 -foot Telecommunication Antenna Tower in the A (Agricultural) Zone District.
On parcel(s) of land described as:
SW4 SECTION 14, T8N, R62W 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.
Respectfully,
(C11:44,
Chris Gathman
Planner
FIELD CHECK
inspection dates: 2/25/2019
APPLICANT: Duangchai Washburn C/O Nexius Solutions, Inc. (Joe Oliver)
CASE #: USR18-0123
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a 256 -foot high
guyed Telecommunication Antenna Tower in the A (Agricultural) Zone District.
LEGAL: Subdivision Exemption SUBX19-0006; located in the SE4 of Section 12, T8N, R62W of
the 6th PM, Weld County, Colorado
LOCATION: Approximately 300 -feet north of County Road 92 and approximately 2,440 feet west of
County Road 83.
PARCEL ID #s: 054514400007
ACRES: +1- 160.94 acres
Zoning
Land Use
N
A
N
Existing Telecommunication Tower/Dryland
E
A
E
Dryland (abandoned buildings)
S
A
S
Dryland
W
A
W
Dryland
COMMENTS:
Unimproved Parcel.
Chris Gathman - Planner III
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