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HomeMy WebLinkAbout20151672.tiff BEFORE THE WELD COUNTY COLORADO , PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola. that the following resolution be introduced for passage by the Weld County Planning Commission . Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: ORDINANCE 2015-8 PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE . be recommended favorably to the Board of County Commissioners for the following reasons: Motion seconded by Benjamin Hansford VOTE : For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross The Chair declared the resolutionpassed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I . Kristine Ranslem , Recording Secretary for the Weld County Planning Commission. do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado. adopted on May 19. 2015. Dated the 19th of May. 2015. Digitally signed by Kristine Ranslem d`. i Date: 2015.05.22 08: 13:46 -06'00' Kristine Ranslem Secretary 2015- 1672 Sec. 23-4-805. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: CELL ON WHEELS (COW): A portable mobile cellular site that provides temporary (up to 1 year) of network and wireless coverage to locations where cellular coverage is minimal or compromised. Sec. 23-4-830. Standards for Telecommunication Antenna Towers. A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a use by right, accessory uses, subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad, mounting structures and panel antennas, but excludes lightning rods and whip antennas. Use by Right or Zoning Permit for Use by Special Review Permit Accessory Use TELECOMMUNIC4 TIONS ANTENNA TOWER approval required Up to 35 feet in height > 35 feet up to 70 feet in height Greater than 70 feet in height B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high must be located at least one thousand ( 1 ,000) feet from other TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high that are capable of supporting TELECOMMUNICATION FACILITIES. Closer spacing between TELECOMMUNICATION ANTENNA TOWERS may be granted through the Use by Special Review process. This radial spacing requirement does not apply to facilities located at designated antenna farms. C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements set forth in Section 23-4-870. the applicant shall submit documentation addressing the following standards: 1 . Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA TOWER. 2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft. 3. The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property to contain on site all ice-fall or debris from TELECOMMUNICATION ANTENNA TOWER failure. 4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO-LOCATION. The applicant may provide written justification and evidence why CO- LOCATION is not possible. The Board of County Commissioners may revoke permits or other administrative approvals if conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO-LOCATION, but: a. The TELECOMMUNICATION ANTENNA TOWER owner is not w i I l ing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the TELECOMMUNICATION ANTENNA TOWER or cause interference. b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the structure in a way to make CO-LOCATION impractical or impossible. c. If approval is revoked, the facility must be removed at the owner's expense. 5. The TELECOMMUNICATION ANTENNA TOWER shall have the least practicable adverse visual impact on the environment. 6. The proposed TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will adversely affect human health. 7. The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height needed to accommodate the TELECOMMUNICATION ANTENNA. 8. The proposed TELECOMMUNICATION ANTENNA TOWER shall comply with all applicable federal and State regulations. 9. The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall insure structural integrity. 10. The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to discourage unauthorized climbing and to insure the security thereof 11 . All reasonably possible sites for the TELECOMMUNICATION ANTENNA TOWER have been considered, and the proposed site is the most appropriate, available site from a land use perspective. 12. The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact wildlife. 13. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan. D. TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks. 1 . TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. 2. Minimum setbacks for TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum building setbacks in the underlying zoning district. 3 . Minimum setbacks for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From property lines of properties in the A, C, I and PUD (with Commercial or Industrial uses) zones: one-hundred percent ( 100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building setbacks and offsets in the underlying zone district. b. From subdivision exemption boundaries for temporary use of a parcel for Telecommunication Antenna Tower Facilities in the A, C. I and PUD (with Commercial or Industrial uses) zones: one- hundred percent ( 100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building offsets in the underlying zone district unless evidence of a recorded easement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property is provided. As an alternative, the applicant can provide stamped documentation from an engineer demonstrating that the tower and debris will fall completely within the boundary of the subdivision exemption. 4. Guy wires and equipment buildings and cabinets. No part of the TELECOMMUNICATION ANTENNA TOWER system, including any guy wire anchors, shall extend closer than thirty (30) feet to the property boundary than minimum building setbacks and offsets in the underlying zone district. E. Equipment Design. 1 . A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen ( 15) feet over the height of the building or structure and may exceed the underlying zoning district height limitation. TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a building or structure wall must be as flush to the wall as technically possible, and must not project above the top of the wall, and must be located, painted and/or screened to be architecturally and visually compatible with the building it is attached to. 2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth-tone colors that blend, to the extent possible, with the surrounding building and natural environment, unless State or federal regulations require specific colors. 3 . TELECOMMUNICATION ANTENNA TOWERS must not be artificially lighted unless required by the FAA or other State or federal agency. Security lighting on the site may be mounted up to twenty (20) feet high and must be directed toward the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER. 4. Equipment buildings must be compatible with the architectural style of the surrounding building environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings must be constructed with materials that are equal to or better than the materials of the principal use. Equipment cabinets must be located, painted and/or screened to be architecturally and visually compatible with the surrounding building and natural environment. 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying zone district as delineated in Section 14 9 30 Chapter 14, Article IX of this Code. ' the fac l,ty and site F. Base or Accessory Site Design. 1 . If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, Sscreening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment is required may be installed when any part of the facility is visible from public rights-of-way or adjacent properties. 2. Existing vegetation and grades on the site should be improved or preserved to the extent possible. 3. Signage at the site is limited to noni l l um i nated warning and equipment identification signs. This does not apply to concealed antennas i ncorporated into freestanding signs. 4. TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones, must not include manned offices, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. G. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety (90) days to re-use the facility or transfer the facility to another owner who will re-use it or remove the facility. Evidence of such shall be provided, in writing, to the Department of Planning Services. 1 . Removal of abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of TELECOMMUNICATION ANTENNA TOWERS deemed by the County to be abandoned. 2. If required by the Director of Planning Services or the Board of County Commissioners, Tthe applicant or owner shall submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. (Weld County Code Ordinance 2010-6) Sec. 23-4-840. Supplemental Use by Special Review Permit application requirements for Telecommunication Antenna Towers. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, must include the following: 1 . A Site Plan showing the location and legal description of the site; on-site land uses and zoning; adjacent roadways; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; setbacks from property lines; and the location of the TELECOMMUNICATION FACILITY, including all related improvements, buildings and equipment. 2. A vicinity map showing adjacent properties, general land uses, zoning and roadways: a. Within one hundred (100) feet of a proposed attached antenna site. b. Within a distance of one ( 1 ) mile of a proposed TELECOMMUNICATION ANTENNAS, CONCEALED, temporary TELECOMMUNICATION ANTENNA TOWER or micro-cell TELECOMMUNICATION ANTENNA TOWER site. c. Within a distance of one (1 ) mile of a proposed TELECOMMUNICATION ANTENNA TOWER site. 3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, structures, equipment buildings and cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4. If required by the Department of Planning Services, Pphoto-realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points. 5. A report describing the TELECOMMUNICATION FACILITY and the technical need; • and other reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460- 1 or equivalent), if the facility is located near an airport or a flight path. 7. If landscaping/screening is required by the Department of Planning Services the applicant is • responsible for landscaping, screening, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and screening, if applicable. 9. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co-location is not possible. 10. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. 11 . A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one ( 1 ) mile beyond the County border, including Wyoming. (Weld County Code Ordinance 2010-6) Sec. 23-4-870. Zoning Permit for Telecommunication Antenna Tower permit application requirements. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include the following: A. Name, address and telephone number of the applicant. B. Name, address and telephone number of the owner of the land, if different from Paragraph A above. C. Parcel number and legal description of the property for which the application is made. D. Evidence of interest in the subject land held by the applicant. E. Number of acres of the property. F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, structures and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. G. County road access information sheet. H. A vicinity map showing adjacent properties, general land uses, zoning and roadways: 1 . Within five hundred (500) feet of the proposed Antenna TELECOMMUNICATION ANTENNA TOWER site. I. A sketch plan of the site at the scale of one (1 ) inch represents fifty (50) feet, or other suitable scale, to show: 1 . The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other support structures (guy wires), including distances from the property LOT lines, above-ground power lines and other STRUCTURES on the property. 2. Location and measurements of any easements or rights-of-way. 3. Amount of road frontages. 4. Identification of any County, State or federal roads or highways. 5. Existing STRUCTURES on the property. 6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support structures. J. If required by the Department of Planning Services, photo-realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points. K. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460- 1 or equivalent), if the facility is located near an airport or a flight path. M. A schedule for the installation of landscaping and screening, if applicable. N. If landscaping/screening is required by the Department of Planning Services, the applicant is responsible for landscaping, screening, site maintenance and the replacement of dead plant material. O. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co-location is not possible. P. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operation, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. Q. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten ( 10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. R. TELECOMMUNICTION FACILITY Inventory. The first application in for a proposed TELECOMMUNICATION FACILITY by a provider must include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one ( 1 ) mile beyond the County border, including Wyoming. (Weld County Code Ordinance 2010-6) iS. An application fee. KT.A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five-hundred (500) feet of the property lines of the parcel on which the TELECOMMUNICATION ANTENNA TOWER shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. LU.A setter of intent to alow CO. LOCATION on tie TELECOMMUNICATION ANTENNA TOWER. MU.A letter of intent or lease agreement statement which addresses removal of the TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. (Weld County Code Ordinance 2010-6) Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Tower Facilities A. Addition of equipment onto existing Telecommunication Tower facilities (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review or Zoning Permit for a Telecommunication for Antenna Tower if the tower height remains unchanged, the coverage area and communication reception for existing facilities are not impacted, and the area occupied by the Telecommunications tower and accessory equipment does not expand. B. Other additions of equipment onto existing Telecommunication Tower facilities (including existing nonconforming antenna tower facilities) that extend the tower height and/or expand the area occupied by the tower and/or accessory equipment shall be reviewed by the Department of Planning Services Staff to determine whether or not a new or amended Use by Special Review (USR) will be required or a new Zoning Permit for a Telecommunication Antenna Tower Facility (ZPTT) will be required. , • the area occupied by the tower and/or accessory equipment shall he reviewed by the Department of Planning Services Staff to-determine whether or not a new Toning Permit for a Telecommunications Antenna Tower Facility (ZPTT) will be required. Sec. 24-4-894 Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities : A. A new or amended Subdivision Exemption is not required if not expanding ground area of the Telecommunication Tower site or if not extending the height of tower and the coverage area and communication reception for existing facilities are not impacted . Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the Weld County Code. Sec. 24-4-896 Cell on Wheels (COW) A. Any CELL ON WHEELS (COW) facility must be approved by the Board of County Commissioners prior to placement. COW facilities are not considered to be permanent uses and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one ( 1 ) year L119// yQ- /u WI/UWS USR to greater than 100 feet. Ms. Martin said that staff did propose 150 feet to the Board of County Commissioners in a work session: however they were not in support of that change. She added that they were comfortable with the current height requirement of 70 feet for a zoning permit. Commissioner Maxey asked what the average height of towers is that the County sees. Ms . Martin said that industry standards have dropped the towers to 70 feet. Commissioner Maxey referred to proposed Section 23-4-830 . D. 3 and asked that since it is an engineered and stamped drawing that it is a self-collapsing tower and won't fall out 100 feet are they still required to have an easement. Ms. Martin said that if it is a self-collapsing tower. staff has allowed that and agreed that we should include language allowing this. She asked that to come back to that so staff can propose language to include that statement In regard to proposed Section 23-4-870. O, Commissioner Maxey asked if providers can obtain information from other providers' service area 10 miles out. especially since it may be competition between providers. Ms. Martin said that they are continuing to explore how available that data is as they understand from applicants that it is difficult to obtain . Mr. Maxey said that he doesn't know that one provider would be willing to share that information with another. Commissioner Johnson said that it might be available with the FCC ( Federal Communications Commission) on their website Commissioner Jemiola said that it may be available but may not be easily available to the public. Mr. Maxey said he is okay with leaving this language but is concerned that we are requiring something that isn 't available to applicants. Ms. Martin said that staff will continue to research this. In regard to Section 23-4-892, Commissioner Johnson asked if Item C could be included in item B as the language is the same except for the last sentence. Ms. Martin agreed that it could be combined . Commissioner Maxey referred to Section 23-4-870 where it states "An application for a Zoning Permit for a Telecommunication Antenna Tower shall including the following" and said that "shall" means that it must be included . However, under the proposed language in Section 23-4-870. 0 it says that "A letter of intent to allow co-location on the Telecommunication Antenna tower" and asked if there should be some language added that says "if required". because currently these statements contradict each other. Ms. Martin referred to 23-4-830 where they added "The applicant may provide written justification and evidence why co-location is not possible" and said it can be added to Item U . Ms. Martin referred to the proposed language for Section 23-4-830 . O . 3. B and asked that the following statement .'As an alternative. the applicant can provide stamped documentation from an engineer demonstrating that the tower and debris will fall completely within the boundary of the subdivision exemption" be added. Commissioner Maxey agreed to that language. Commissioner Maxey noted that Section 23-4-870. 0 is duplicate to Section 23-4-870. O and asked if it should be removed . Ms. Martin said that one of them could be removed . Mr. Maxey suggested removing Item U . The Chair asked if there was anyone in the audience who wished to speak for or against this application . No one wished to speak. Motion : Forward Ordinance 2015-8, along with the suggested amendments to the Board of County Commissioners along with the Planning Commission's recommendation of approval. Moved by Jordan Jemiola. Seconded by Benjamin Hansford . Vote: Motion carried by unanimous roll call vote (summary: Yes = 8) . Yes: Benjamin Hansford , Bruce Johnson . Bruce Sparrow. Jason Maxey Jordan Jemiola. Joyce Smock. Nick Berryman , Terry Cross_ CASE NUMBER: ORDINANCE 2015-9 PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING . WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE . 3 Hello