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HomeMy WebLinkAbout20170300.tiffHEARING CERTIFICATION DOCKET NO. 2017-07 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0039, FOR A 175 -FOOT IN HEIGHT TELECOMMUNICATION TOWER ON LOT 7 OF PATCHES ESTATES IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT AND CLAUDIA MARVIN, C/O ADVANTAGE ENGINEERS, LLC A public hearing was conducted on February 1, 2017, at 10:00 a.m., with the following present: Commissioner Julie A. Cozad, Chair Commissioner Steve Moreno, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Bob Choate Planning Services Department representative, Diana Aungst on behalf of Kim Ogle Public Works Department representative, Evan Pinkham Planning Services Engineer representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated December 29, 2016, and duly published January 4, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Robert and Claudia Marvin, c/o Advantage Engineers, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0039, for a 175 -foot in height Telecommunication Tower on Lot 7 of Patches Estates in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Diana Aungst on behalf of Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and reviewed the site location in relation to relevant County Roads. She stated 19 referrals were sent out with 15 either not responding or indicating no concerns. Ms. Aungst reported the site to be located in the three (3) mile referral area of the Cities of Brighton, Fort Lupton and Northglenn, and the Towns of Lochbuie and Hudson, and within the Intergovernmental Agreement Area of the City of Fort Lupton. She clarified the City of Fort Lupton provided a referral response indicating the applicant preferred to proceed with the application through Weld County. She provided details regarding the communications tower to include provision of service to the surrounding area, the option for other antennas to collocate, the decommission plan, and a setback distance for the fall zone. She stated there is no landscaping or signage proposed. Ms. Aungst described the adjacent properties to include other USRs in the area and stated no correspondence has been received regarding this application. She displayed images of the site and surrounding area and example pictures of what the tower will look like, and entered the favorable recommendation of the Planning Commission into the record as written. In Cc : PLC KO/ oat mm), PECHB. , H£CLL) OQ/(Co/r7 2017-0300 PL2455 HEARING CERTIFICATION - ROBERT AND CLAUDIA MARVIN, C/O ADVANTAGE ENGINEERS, LLC (USR16-0039) PAGE 2 response to Commissioner Conway, Ms. Aungst stated she will research the height of the Kerr-McGee Tower. Evan Pinkham, Public Works Department representative, provided a brief overview of the transportation plans and requirements stating an Access Permit, AP16-00558, was approved which stipulates utilizing the existing graded and shared access off of County Road (CR) 8. He provided the average daily traffic count and truck percentages for CR 8 and stated with minimal daily round trips proposed there is no tracking control or Improvements Agreement required. Hayley Balzano, Planning Services Engineer representative, presented the drainage and grading requirements, and reported the applicant submitted a drainage narrative that meets Exception 1.A.4 for Communication Towers. She reviewed the recommended amendment on Condition of Approval, COA #1.A.4., and presented the typical Development Standards related to engineering. In response to Commissioner Conway, Ms. Balzano explained the discussion at Planning Commissioner and the amendment from that discussion resulting in her recommended amendment. Mr. Choate interjected his perception of the discussion at Planning Commission and stated his agreement with Ms. Balzano's amendment that satisfies the applicant and the requirement. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions stating permanent water and sewer are not necessary and usage of a portable toilet is acceptable. She stated DS #8-13 address typical Environmental Health items. Eugene Carroll, applicant, provided a PowerPoint presentation and began by expressing agreement with the recommended amendment on COA #1.A.4. He further explained the coverage area of the Tower at different heights to clarify the request for greater height to service a greater area and he stated it will be constructed to support up to four (4) other carriers. El No public testimony was offered concerning this matter. Ms. Aungst interjected the answer to the aforementioned question by Commissioner Conway stating the Kerr-McGee tower at the compressor site was approved to be 400 feet in height. In response to Commissioner Kirkmeyer, Mr. Carroll explained the traffic related to construction of the tower as lasting approximately 30 days and encompassing a few semi -loads to put in concrete and tower materials and then the vehicles of the construction crew. El In response to Chair Cozad, Mr. Carroll indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Kirkmeyer suggested deleting DS #5 regarding the hours of operation. The Board and applicant agreed. 2017-0300 PL2455 HEARING CERTIFICATION - ROBERT AND CLAUDIA MARVIN, CIO ADVANTAGE ENGINEERS, LLC (USR16-0039) PAGE 3 Commissioner Conway moved to approve the request of Robert and Claudia Marvin, do Advantage Engineers, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0039, for a 175 -foot in height Telecommunication Tower on Lot 7 of Patches Estates in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended and entered into the record. The motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 10:23 a.m. This Certification was approved on the 6th day of February, 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dd;a0) ,,, .. :t1 Weld County Clerk to the Board BY puty Clerk to the Board my Attorney Date of signature:O tIfo!I-1 Steve Moreno, Pro-Tem Ju ie A. Cozad, Chair EXCUSED DATE OF APPROVAL Sean P. Conway ikFreeman L� :arbara Kirkmey r 2017-0300 PL2455 a N (TS'� 7'z' .11- 2 00 t 0O -'' <, 9 'io N 8 = � f 8 ,„ V 0(., I1 kA ie Labe' J W CG W J I- z :14.1 d W a LL, •• _ a L aj 0 L %`" Hello