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HomeMy WebLinkAbout20170291.tiffPlanner: Case Number: USR16-0039 Kim Ogle LAND USE APPLICATION SUMMARY SHEET Owner: Robert and Claudia Marvin 14655 County Road 8 Fort Lupton, CO 80621 Applicant: EcoSite/ Advantage Engineers, LLC. 5445 DTC Parkway Denver, CO 80111 Representative: Eugene Carroll Advantage Engineers, LLC. 5445 DTC Parkway Denver, CO 80111 Hearing Date: January 17, 2017 Request: A Site Specific Development Plan and Use by Special Review Permit for a 175 -foot tall Monopole telecommunications tower in the A (Agricultural) Zone District Legal Lot 7 PATCHES Estates in the W2 of Section 14, T1N, R66W of the 6th P.M., Weld Description: County, CO Location: North of and adjacent to County Road 8; approximately 1.5 miles east of County Road 31 Size of Parcel: +/- 36 acres Parcel No. 1471-14-3-01-007 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS 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: Weld County Department of Public Health and Environment, referral dated December 5, 2016 ▪ Weld County Department of Public Works, referral dated December 8, 2016 ▪ Weld County Department of Planning Services — Engineer, referral dated December 12, 2016 Y Weld County Department of Public Works - Access, referral dated December 13, 2016 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Y Weld County Zoning Compliance, referral dated November 14, 2016 Y City of Fort Lupton, referral dated November 14, 2016 Y Colorado Division of Parks and Wildlife, referral dated November 15, 2016 Y City of Northglenn, referral dated November 16, 2016 Y Town of Hudson, referral dated December 12, 2016 U S R16-0039 Page 1 of 8 The Department of Planning Services' staff has not received responses from the following agencies: V V V V V V V V Weld County Department of Building Inspection Weld County Sheriff Federal Communication Commission Federal Aviation Administration City of Brighton Town of Lochbuie Hudson Fire Protection District Pan Handle Eastern West Adams Conservation District Case Summary: The applicant is requesting a permit to construct a 175 -foot tall telecommunications tower and a two equipment cabinets on the site. The tower will be provide communication service to the surrounding area. The application materials include a Decommissioning Plan and a Co -location Plan. The Co -Location Plan will allow other antennas to co -locate on this tower. The application materials also contain a summary of findings for the RF justification that details the applicant's results of contacting owners of other towers to consider co -location. The summary of the letter states that there are no towers that meet the locational and technical requirements of the applicant therefore a new tower is required. The application materials indicate that no lights, signage, landscaping, or screening are proposed. No fall zone is required because the tower is engineered with a theoretical break point at the approximate 140.42 feet elevation, thereby providing a theoretical failure zone of approximately 34.6 feet for the175 foot in height tower. The setback, that is, the distance from the tower to the property line based on structural integrity will collapse within the property boundary. 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 - A.Goal 7 states, "County land use regulations should protect the individual property owner's right to request a land use change" and 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 applicant is requesting a permit to construct a 175 -foot tall telecommunications tower and a two equipment cabinets on the site. The tower will be provide communication service to the surrounding area that currently does not have adequate wireless service. The application materials include a Decommissioning Plan and a Co -location Plan. The Co -Location Plan will allow other antennas to co -locate on this tower. The application materials also contain a summary of findings prepared for the RF justification that details the applicant's results of contacting owners of other towers to consider co -location. The summary of the letter states that there are no towers that meet the locational and technical requirements of the applicant therefore a new tower is required. The application materials indicate that no lights, signage, landscaping, or screening are proposed. No fall zone is required because the tower is engineered with a theoretical break point at the approximate 140.42 feet elevation, thereby providing a theoretical failure zone of approximately 34.6 feet for the175 foot in height tower. The setback, that is, the distance from the tower to the property line based on structural integrity will collapse within the property boundary. U S R16-0039 Page 2 of 8 The Development Standards for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. 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 175 -foot tall telecommunications tower in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located North of and adjacent to County Road 8; approximately 1.5 miles east of County Road 31 located on Lot 7 PATCHES Estates in the W2 of Section 14, T1 N, R66W. The adjacent properties are characterized as rural residential parcels with a majority of the landscape in pastureland and dryland farming. There are numerous oil and gas encumbrances in the general area. Aside from the Marvin residence, the nearest residence is approximately 0.5 miles from the tower site. There are five (5) USRs located within one mile of this parcel and include USR12-0011 for a PSCO 235 kV Transmission line and USR-554 for a microwave tower to the west: to the south is USR- 697 for an accessory structure in a subdivision: to the east is USR-522 for a reclaimed gravel mine and to the north is 2ndAmUSR-468 for a Kerr-McGee Compressor Station and microwave tower. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners related to this USR. The Development Standards for this proposal will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses. 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 located within a three (3) mile referral area of the Cities of Brighton, Fort Lupton, and Northglenn and the Towns of Lochbuie and Hudson and is located within the Intergovernmental Agreement Area (IGA) of the City of Fort Lupton. The City of Fort Lupton in an electronic mail dated November 14, 2016 indicated the property preferred to proceed with the application through the County land use process. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Article V, of the Weld County Code. The existing site is within the County -Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. 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. 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 telecommunications tower on approximately 36 acres of "Other Land" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This USR is for a telecommunications tower which will not take any Prime (Irrigated) Farmland out of production. 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. U S R16-0039 Page 3 of 8 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 map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0039. (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 a 30ft minimum access and utility easement to provide legal access to the parcel on the site plan. The Reception number associated with this easement shall be shown and labeled. (Department of Planning Services - Engineer) 5) County Road 8 is a paved road and is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) 6) Show and label the approved access (AP16-00558), and the appropriate turning radii on the map. (Department of Public Works) 7) The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 2. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required. (Department of Planning Services - Engineer) 3. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies or 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) 4. 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) U S R16-0039 Page 4 of 8 5. 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. 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 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) U S R16-0039 Page 5 of 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS EcoSite/ Advantage Engineers, LLC USR1 6-0039 1. A Site Specific Development Plan and Use by Special Review Permit for a 175 -foot tall telecommunications 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. Co -location of other antennas by other service providers shall be allowed. (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. The hours of operation are 24 hours a day, seven days a week as stated by the applicant(s). (Department of Planning Services) 6. This is an unmanned facility, as stated by the applicant(s). (Department of Planning Services) 7. 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, if applicable. (Department of Planning Services) 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 9. 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., as amended. (Department of Public Health and Environment) 10. 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 applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 11. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 12. Adequate drinking (bottled water), toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. (Department of Public Health and Environment) 13. 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) 14. 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) U S R16-0039 Page 6 of 8 15. The property owner shall control noxious weeds on the site. (Department of Public Works) 16. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 17. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 18. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 19. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 20. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. (Department of Planning Services) 21. 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. (Department of Planning Services) 22. 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. (Department of Planning Services) 23. 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 Planning Services) 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 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. U S R16-0039 Page 7 of 8 25. 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. U S R16-0039 Page 8 of 8 December 27, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 CARROLL EUGENE 5445 DTC PARKWAY GREENWOOD VILLAGE, CO 80111 Subject: USR16-0039 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 175 -FOOT IN HEIGHT TELECOMMUNICATIONS TOWER ON LOT 7 OF PATCHES ESTATES PUD On Darcel(sl of land described as: SUBX16-0021, BEING PART OF LOT 7 PATCHES ESTATES PUD, PART W2 SECTION 14, T1N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 17, 2017, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on February 1, 2017 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.orq If you have any questions concerning this matter, please call. Respectfully, Kim Og Planner November 14, 2016 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 CARROLL EUGENE 5445 DTC PARKWAY GREENWOOD VILLAGE, CO 80111 Subject: USR16-0039 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 175 -FOOT IN HEIGHT TELECOMMUNICATIONS TOWER ON LOT 7 OF PATCHES ESTATES PUD On parcel(s) of land described as: SUBX16-0021, BEING PART OF LOT 7 PATCHES ESTATES PUD, PART W2 SECTION 14, T1N, R66W OF THE 6TH P.M., WELD COUNTY 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. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Brighton at Phone Number 303-655-2000 Lochbuie at Phone Number 303-655-9308 Hudson at Phone Number 303-536-9311 Northglenn at Phone Number 303-450-8709 Fort Lupton at Phone Number 303-857-6694 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Kim Ogl Planner FIELD CHECK — USR16-0039 Inspection Date: December 2, 2016 Applicant: Robert and Claudia Marvin, c/o EcoSite/Advantage Engineers, LLC Request: A Site Specific Development Plan and Use by Special Review Permit for a 175 -foot tall Monopole telecommunications tower in the A (Agricultural) Zone District Legal: Lot 7 PATCHES Estates PUD in the W2 of Section 14, T1 N, R66W Location: North of and adjacent to CR 8; approximately 1.5 miles east of CR 31 Parcel ID #: 1471-14-3-01-007 Acres: 36 +/- Zoning Land Use N AGRICULTURE N Anadarko Compressor Station & Communication Tower E AGRICULTURE E Vacant lands, no improvements S AGRICULTURE S Rural residential with a subdivision W AGRICULTURE W Lot 6 PATCHES Estates PUD — Residence & outbuildings Comments: The property is aligned in a north south orientation and slopes to the north with the area adjacent to County Road 6 being lower in elevation than lands to the north. There are improvements on the property consisting of a single family residence and outbuildings located approximately 50 feet north of the right-of- way. There is also a perimeter fence and operational security gate. The property is in dryland agriculture and pasture lands. Viewing from the county right-of-way, no violations were identified. Adjacent property to the west and south have residential improvements. Land adjacent to the east is a large tract of unimproved land in native grasses. ❑ House(s) o Site Distance -- Good ❑ Outbuilding(s) ❑ Access to Property -- Gravelled ❑ Topography — Slopes higher to North Note any commercial business/commercial vehicles that are operating from the site. From: Janet Lundquist Sent: Monday, January 16, 2017 2:39 PM To: ECarroll@advantageengineers.com Cc: Evan Pinkham <epinkham@co.weld.co.us>; Kim Ogle <kogle@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us> Subject: USR16-0039 Marvin Variance Request Hi Gene, Thank you for submitting a variance request letter to remove the requirement of the placement of the gate 100 feet from the edge of the shoulder to allow a truck with trailer or RV to pull completely off of the roadway and open the gate. Your request has been approved. This requirement would place a hardship on the property owner. However, keep in mind that if the property owner in the future should not allow vehicles to stop and block the roadway which is a safety hazard. If you have any additional questions please let me know. Thanks, Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. advantage engineers 1/13/2017 Evan Pinkham Dept. of Public Works Weld County RE: USR 16-00391 Comments / Access Mr. Pinkham, In review of the comments / access for USR 16-0039, there is one item which I would ask that it be removed from the conditions. Under Access: the sentence concerning the entrance gate being 100 feet from the edge of the shoulder. If you view the existing conditions that are on the site, at this time there is not a gate at the entrance to the property. However, limiting the ability to install a gate at a future date, creates a burden on Mr. Marvin, the property owner. The proposed telecommunications facility will not increase the traffic to the site, as it is unmanned. Once construction is completed, only annual maintenance will create any traffic to the site. I would ask that you remove this item from the conditions of approval. If you have any questions concerning this request, please contact me. Best regards, Eugene Carroll AICP Project Manager Advantage Engineers LLC 720-507-5696 M ecarroll@advantageengineers.com 5445 DTC Parkway, Penthouse 4, Greenwood Village CO 801 1 1 • www.advantageengineers.com Hello