HomeMy WebLinkAbout20170289.tiffRESOLUTION
RE: APPROVE 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, CIO ADVANTAGE ENGINEERS, LLC
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
February, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Robert and Claudia Marvin, 16455 CR 8, Ft. Lupton, CO 80621, c/o
Advantage Engineers, LLC, 5445 DTC Parkway, Greenwood Village, CO 80111, 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,
on the following described real estate, being more particularly described as follows:
Lot 7, Patches Estates PUD; being part of the W1/2
of Section 14, Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, 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.B 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 (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
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SPECIAL REVIEW PERMIT (USR16-0039) - ROBERT AND CLAUDIA MARVIN, C/O
ADVANTAGE ENGINEERS, LLC
PAGE 2
telecommunications tower and two equipment cabinets on the site.
The tower will 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 which will allow other antennas to co -locate on this
tower. The application materials also contain a summary of findings
prepared for the Radio Frequency (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 the 175 -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. 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 23-2-230.B.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
175 -foot tall telecommunications tower in the A (Agricultural) Zone District.
C. Section 23-2-230.B.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 (CR) 8; approximately 1.5 miles east of CR 31.
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
applicants' residence, the nearest residence is approximately 0.5 miles
from the tower site. There are five (5) USRs located within one (1) 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.
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SPECIAL REVIEW PERMIT (USR16-0039) - ROBERT AND CLAUDIA MARVIN, C/O
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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
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 23-2-230.6.5 -- 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, County Facility Fee and
Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed telecommunications tower is located on approximately
36 acres of "Other Land," per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map, which will not take any Prime (Irrigated)
Farmland out of production.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the parcel of land described above be, and hereby is, granted subject to the
following conditions:
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.
2) The attached Development Standards.
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3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) Show and label a 20 -foot 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.
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.
6) Show and label the approved access (AP16-00558), and the
appropriate turning radii.
7) The applicant shall show the drainage flow arrows.
2. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
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.
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.
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SPECIAL REVIEW PERMIT (USR16-0039) - ROBERT AND CLAUDIA MARVIN, C/O
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of February, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d„� ) �, ��% •�
Weld County Clerk to the Board
BY• O Q Q , c2
uty Clerk to the Boar
Attorney
Date of signature: Oa/ 1Co(I'1
Julie A. 90 ad, Chair
PZe.:)-2-42"--1"1"--
Steve Moreno, Pro-Tem
Sean P. Conway
irc rreernan
imirirc
Barbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROBERT AND CLAUDIA MARVIN, CIO ADVANTAGE ENGINEERS, LLC
USR16-0039
1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0039, is
for a 175 -foot tall telecommunications tower on Lot 7 of Patches Estates 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. Co -location of other antennas by other service providers shall be allowed.
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.
5. This is an unmanned facility.
6. 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.
7. 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.
8. 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.
9. 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 applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
10. 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.
11. Adequate drinking water (bottled water), toilet facilities (portable toilets) and handwashing
units shall be provided during construction of the facility.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. 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
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public or private streets. No colored lights may be used which may be confused with, or
construed as, traffic control devices.
14. 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.
15. The access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or off -site tracking.
16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. 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.
19. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
20. 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.
21. 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.
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.
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
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DEVELOPMENT STANDARDS (USR16-0039) - ROBERT AND CLAUDIA MARVIN, C/O
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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.
24. 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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