HomeMy WebLinkAbout20191106.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0123, FOR A 256 -FOOT IN HEIGHT TELECOMMUNICATION
ANTENNA TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - DUANGCHAI
WASHBURN, CIO NEXIUS SOLUTIONS, INC.
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 1st day of
May, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Duangchai Washburn, 375 Ash Court, Eaton, Colorado 80615, c/o Nexius
Solutions, Inc., 1000 Speer Boulevard, Apt. 603, Denver, Colorado 80204, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0123, for a 256 -foot in height
Telecommunication Antenna Tower in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX19-0006; being part of
the SE1/4 of Section 14, Township 8 North, Range
62 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Liz Walker, Wireless Policy
Group, LLC, 1420 NW Gilman Blvd #9030, Issaquah, Washington 98027, 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 23-2-230.6 of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) 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 near residences. The applicant is proposing to
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allow co -location of three (3) other providers along with AT&T. The
tower will meet the 100% setback from property lines.
2) 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." 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 Conditions of Approval
and Development Standards 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 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 the 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 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.L allows for a Site
Specific Development Plan and Use by Special Review Permit for a
256 -foot tall Telecommunications Tower in the A (Agricultural) Zone
District.
1) Section 23-3-10 — Intent, states, in part: "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."
The attached Conditions of Approval and Development Standards
will adequately mitigate impacts associated with the proposed use.
C. Section 23-2-230.B.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 one (1) mile to the
northeast. An existing tower (198 feet tall approved under USR-974) is
located approximately 0.5 miles to the north. Residences in the area are
located well outside of the 100 percent (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 23-2-230.B.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
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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 23-2-230.6.5 -- 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, County
Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed 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 by 50 feet).
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.
H. Section 23-4-810 — New telecommunication antennas must co -locate on
existing structures where economically and technically feasible. Although
another antenna tower is located in the vicinity, it is not technically nor
economically feasible to co -locate on it because the owner of that tower
charges lease rates which are 700% higher than market rents. Further, the
applicant would be required to bear substantial and unknown costs to
upgrade that tower in order to accommodate the applicant's
telecommunication antennas and facilities, as that tower is at least twenty-
five years old and cannot handle the additional facilities without structural
modification.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Duangchai Washburn, c/o Nexius Solutions, Inc., for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0123, for a 256 -foot
in height 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 plat:
A. The applicant shall record Subdivision Exemption, SUBX19-0006.
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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.
C. The applicant shall provide written verification from the Federal Aviation
Administration (FAA) that the proposed tower has been approved.
D. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0123.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) 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 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.
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 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.
6) 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 operation.
7) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
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8) The applicant shall show and label a 15 -foot minimum access and
utility easement to provide legal access to the Telecommunication
Tower site on the site plan.
9) The applicant shall show and label the drainage flow arrows.
10) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
11) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
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.
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 be added for each additional three (3) month
period.
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 maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
•ok
Weld County Clerk to the Board
BY:
Deputy Clerk to tic Board
APPED AS 1
orney
Date of signature: F'1-1-1 9
EXCUSED
Barbara Kirkmeyer, Chair
Mike Freeman, Pro -Tern
onwa
cott James
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC.
USR18-0123
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0123, is
for a 256 -foot in height Telecommunication Antenna Tower in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. Collocation of other antenna by other service providers shall be permitted on the tower.
4. The applicant shall provide space on the tower and the ground near the tower for an
antenna and equipment for use by the Weld County Public Safety Communications
Department. The space shall be provided at not cost to the Department. The specific
configuration shall be subject to the parties' mutual agreement.
5. 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.
6. 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.
7. 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.
8. 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.
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 by a cleaner licensed in
Weld County, shall contain hand sanitizers.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. 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.
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13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
15. The historical flow patterns and runoff amounts on the site will be maintained.
16. 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.
17. 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, except as required by the Federal Aviation
Administration.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
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 non-compliance of a state -issued permit, and of the 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 may be reason for revocation of the Permit by the Board of County
Commissioners.
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24. 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.
25. 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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