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HomeMy WebLinkAbout20194867.tiffiili NRXRINm6(Wh' ti9r"3GXIX11'NAhYk'11INI THIS IS TO CERTIFY THAT THE WELD COUNTY PLANNING COMMISSION HAS CERTIFIED AND DOES HEREBY REOCIAMENO TO THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO APPROVAL AND ADOPTION OF THIS PLAN AND �US�E� BY SPECIAL REVIEW AS DESCRIBED HEREON THIS LeBAY OF INA-�-yso Tai ,'y A/ CHNp. WEDCOUNTY PLANNING COMMISSION PLANNING COMMISSION CERTIFICATION THIS IS TO CERTIFY THAT THE BOARD OF COUNTY COMMISSIONERS. WELD COUNTY DOES HEREBY CONFIRM AND ADOPT THIS USE BY SPECIAL REVIEW AND DEVELOPMENT STANDARDS Fl945-F • HAIR. BOARDFc Nry PLAN 4k . 11ic8i.,.'' �� [Uri f. T64N BOARD OF COUNTY ONERS CERT. THE UNDERSIGNED, BEING THE PROPERTY OWNER(S)00 HEREBY AGREETO THE SITE SPECIFIC DEVELOPMENT PLAN AND E �SPECIAL RENEW DEVELOPMENT STANDARDS AS DESCRIED HEREON THIS•1LOAOF/ I%uwyD,. 94.,111 PROPERTY OWNER'S CERTIFICATION SEX OFSECTION 1A, TOWNSHIP a NORTH. RANGE B2 WEST OF THE 8TH P.M. COUNTY OF WELD, STATE OF COLORADO. PROPERTY DESCRIPTION USE BY SPECIAL REVIEW USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. SE1/4 OF SECTION 14, TOWNSHIP 8 NORTH, RANGE 62 WEST OF THE 6TH P.M. RECEPTION NO. 4003038 WELD COUNTY IS ONE OF THE MOST PR000CTIVE AGRICULTURAL COUN DES IN THE UNITED STATES, TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNTRY IN TOTAL MARKET VALUE OF AGRICULTURAL PRODUCTS SOLO. 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 NEWS, 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 RE 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-NOWNG FARM VEHICLES ON RURAL ROADS; OUST 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 OPERATOR 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 RAKE 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, 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 (WELD COUNTY CODE ORDINANCE 2002-6; WELD COUNTY CODE ORDINANCE 2008-I3) WELD COUNTY RIGHT TO FARM STATEMENT t 25,TTHESITE SPECIFIC HEIGHT TELECOMMUNICATIONNNA NREVIEW TELECOMMUNICATION ANT TOWER THE A(AGRICULTURAL). DISTRICT. STRICT. SUBJECT TO THE DEVELOPMENT STANDARDS STATED HEREON. 2 APPROVAL OETHIS PLAN MAY CREATE A VESTED PROPERTY RIGHT PURSUANT TOSECNORs09-tU OF THE WELD COUNTY CODE 3. COLLOCATION OF OTHERPROVIDE SERWER ANDPROVIDERS R 4 THE APPLICANT SHALL THE GROUND NEAR THE TOWER FORAM ANTENNA NO EQUI PMANTENNA FOR USE BY THE WELD COUNTY PUBLIC SAFETY COMMUNICATIONS DEPARTMENT SUBJECT TO LBE SHALL PROVIDED BE AT AGREEMENT SO COST TNT THE DEPARTMENT THE SPECIFIC CONFIGURATION SHALL BE E UPON TERMINATION OF THE USE OF THE COMMUNICATION ANTENNA TOWER, THE EQUIPMENT SHELTER. APREMISES NTENNA RESTOREDTCTURIGNAL CONDITION ACCORDING TO THE DECAND ANY ASSOCIATED EQUIPMENT OMMISSIONING LOMMM195BE REMOVE) AND EDECOMMISSIONING PLAN B. DURING CONSTRUCTION. ALL LIMO ANTI SOLID WASTES LAS DEFINED IN THE SOLID WASTES DISPOSAL SITES R E. §30.20-1DES) SHALL LE THAT PROTECTSAGNNSTSURFACE AND GROUNDWATER CONTAMINATION FOR FINAL DISPOSALINAMANNER ] TE IMEANT TO INCLUDE THOSE WASTESPECIFICEXCEXCLUDEDNG CONSTRUCTION. NO PERMANENT DISPOSAL OF WASTES FR Y EXCLU BE PERMITTED AT THIS SITE TFIIS IS DED FROM THE DEFINITION FA SOLID WASTE !NINESOUD WASTES DISPOSAL SITES AND FACILITIES ACT. ERR 53 0-20-.3.5, 8. DURING CONSTRUCTION, WASTE MATERIALS SHALL BE HANDLED, STORED ANTI DISPOSED OF IN A MANNER THAT CONTROLS FUGITIVE OUST, FUGITIVE PARTICLLATE EMISSIONS. BLOWING DEBRIS, AND OTHER POTENTIAL NUISANCE CONDITIONS. THE FACILITY SHALL OPERATE IN ACCORDANCE WITH CRAFTER 14, ARTICLE', OF THE WED COUNTY CODE 9. FUGITIVE DUST AND FUGITIVE PARTICULATE EMISSIONS SHALL BE CONTROLLED THROUGHOUT THE DURATION OF CONSTRUCTION OF THE TOWER. 10 DURING CONSTRUCTION, ADEQUATE TOILET FACILITIES AND HANDWASHING UNITS SHALL BE PROVIDED. PORTABLE TOILETS ARE ACCEPTABLE. PORTABLE TOILETS SHALL BE SERVICED BYA CLEANER LICENSED IN WELD COUNTY, SHALL CONTAIN HAND SANITI2ERS. THOR R 11. THE OPERATION SHALL COMPLY WITH ALL APPLICABLE RULES MO REGULATIONS OF STATE AND THE PROPERTY OW AND OR O WELD OR SHALL 12 ONEHE PURSUANT RCOPERATORSHARTICERESPONSIBLE FOR CONTROLLING NOKEUS WEDS ON THE SITE. ESITE SHALLO CLLBTEM IN ARTICLESTO ANTI IL OF EANY I WED SOUNTY CODE. 13. THE CLUDINGS TO DAMAGES ND/ORBEMAINRACKING. MITIGATE ANY IMPACTS TO THE PUBLIC ROAD. INCLUDING DAMAGESAND/OROFFSTAE TG OFVEH 14. THERE SHALL BE NO PARKING OR STAGING OFVEHICLESQU PUBLIC ROADS ONSITE PARKING SHALL BE UHISTD. 15. ANY HIWORK THALT FLMAT OCCUPATTEPY ICHND ENCROAAMOUNTSPANY CO SITE WILL BE SETC.U.WTAIORD. iS, ANY S WENT THAT MAY REQUIRE AN APP/ORED RIGHT- UPON ANY PERMIT PRIOR T�OCWAY N EOURCESTSHALL T SHAD. AN APPROVES THAT BE-WAYUSR RAYS OF PRIORTLCOMMENCEMENT 1]. SOURCES OF NTO HT ADJACENT BESHIEDEDGOURCS OF LIGHT HO OF LIGHTWILL NOT SHINE DIRECTLY WITHTJACENTPROPERTIESSOURCESOFIES IN ACCORD NOT CAUSERNUISANCE TH INTERFERE WITH THE USE D, HE LIGHT RCENT OUHJAT LIGHT IGHT SOURCE RCEMAY CREATE A TATHE MAP,NEITHER THE DIRECT, NOR REFLECTED, LIGHT FROM ANY LIGHTSOURCE MAYCREATEATRAFFIC HAZARD TO OPERATORS OF MOTOR VEHICLES ON PUBUC OR PRIVATE STREETS. NO COLORED LIGHTS MAY BE USED WHICH MAY BE CONFUSED /0TH, OR CONSTRUED AS. TRAFFIC CONTROL DEVICES. EXCEPT AS REQUIRED BY THE FEDERAL -OVATION ADMINISTRATION. IS THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH THE DESIGN AND OPERATION STANDARDS OF CHAPTERTHE WELD COUNTY CODE IS NECESSARY PERSONNEL FORM THE WED 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. 20 THEUSE BY SPECIAL REVIEW AREA SHALL BE LIMITED TO THE PLANS SHOWN HEREON AND GOVERNED VINE FOREGOING STANDARDS AND ALL APPLICABLE WED COUNTY REGULATIONS SUBSTANTIAL CHANGES FROM THE PLANS OR DEVELOPMENT STANDARDS, AS SHOWN OR STATED. SHALL REQUIRE THE APPROVAL OF AN AMENDMENT OF THE PERMITS', 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, 21. THE FACILITY SHALL NOTIFY THE COUNTY OF ANY REVOCATION AND/OR SUSPENSION OF ANY STATE -ISSUED PERMIT. 22. THE APPLICANT SHALL NOTIFY THE COUNTY UPON RECEIPT OF ANY COMPLIANCE ADVISORY OR OTHER NOTICE OF NONCOMPLIANCE OF A STATE -ISSUED PERMIT. AND AFTER OUTCOME OR DISPOSITION OF ANY SUCH COMPLIANCE ADVISORY OR OTHER NOTICE OF NON-COMPLIANCE 23 THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL THE FOREGOING DEVELOPMENT STANDARDS. NONCOMPLIANCE WITH ANY OF THE FOREGOING DEVELOPMENT STANDARDS MAYBE REASON FOR REVOCATION OF THE PERMIT BY THE BOARD OF COUNTY COMMISSIONERS 24. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT'I WELD COUNTY HAS SOME OF THE MOST ABUNDANT MINERAL SOURCES. INCLUDING, BUT NOT LIMITED TO, SAND ANTI 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, (MITRE POPULOUS COUNTIES OF THE STATE FACER 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 F 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 25 THE WELD COUNTY RIGHT TO FARM STATEMENT. AS IT APPEARS IN SECTION 22-2.20.JC OFTEE WELD COUNTY CODE, SHALL BE PLACED ON THE MAP AND RECOGNIZED AT ALL TIMES. DEVELOPMENT STANDARDS. MY%1Url; Or 5 Cl SIN COUNTY ROAD 01 COUNTY ROADM COUNTY ROA., VICINITY MAP _400 SCALE IN FRI OR OHW OHW caaaucn,to METAL PIPE PHFOSFD A EMI IR TED NUNCIO. (: 1' SONE EN HA \0• 25O' RADIUS -- _ PRO OPSED A,30NCIND ALITANCRBr al - PROPOSED 30. WM OW j --- WRE FAST MNF Bt AT9T / PROPOSED SOISIE LEASE AREA BY ATN1 //z//_ 11,,,R.0,:.„05,50,, 8' NCED CTAPOUI,D DATM' PFFOOPO�OSE0D 2420'x40 tALLFEGUrt 6Y nl0:T r • PROPOSED 12 YrtDE ACCESS ROAD GY Am, PROPOSE, 16'-0" DE TOESS AND ',TOUT EASEMENT BY AT&T - PROPOSED A SS DRIVE GRASS, AND - ` /W IRIANGCRAI WASHBURN RECEPTION N0. 4009998 PARCEL 10 95451440000] (AGRICULTURAL) SECTl0/4l4 R9 E 6TH P.N. COUNTY ROAD 92 (SO' N WI R/W SITE PLAN 90µE - 60' SCALE N FEET PREPARED BY TOWER ENGINEERING PROFESSIONALS SW EB4THAVE., SUITE CIO THORNTON, CO 80229 OFFICE, ((CD) 566-99 I) WRU(SF55566-9 0,19-19 07.16 19 DO 20.19 ZONING 'TONING ICONS REV DATE ISSUED FOR: DRAWN BY: SAN CHECKED BC VILE PROJECT INFORMATION: COLO3215 HWY 14 BRIGGSDALE LINTY ROAD 92 BRIGCSOALE, CO BOSI1 (WED COUNTY) SHEET TITLE: USR MAP RENS.. 2 SHEET HUNTER: 1 TEP p.'0 Ia,. IITUSH 2019-4867 P� aC5Cc Hello