HomeMy WebLinkAbout20111264 HEARING CERTIFICATION
DOCKET NO. 2011-24.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1776 FOR A TELECOMMUNICATION ANTENNA TOWER (195-FOOT
SELF SUPPORTING WIRELESS COMMUNICATION TOWER AND RELATED
ACCESSORY BUILDINGS/STRUCTURES) IN THE A (AGRICULTURAL) ZONE
DISTRICT- BEVERLY ENSLEY, C/O VIAERO WIRELESS
A public hearing was conducted on May 18, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Mary Evett
Public Works representative, Heidi Hansen
The following business was transacted:
I hereby certify that pursuant to a notice dated March 18, 2011, and duly published
March 23, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Beverly Ensley, c/o Viaero Wireless, for a Site Specific Development Plan and Use
by Special Review Permit #1776 for a Telecommunication Antenna Tower (195-foot self
supporting wireless communication tower and related accessory buildings/structures) in the A
(Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
provided a brief description of the location of the site and the surrounding uses, and entered the
favorable recommendation of the Planning Commission into the record as written. Mr. Gathman
stated the nearest residence is approximately 550 feet west of the tower site, and the next
residence is approximately one-half mile southeast of the site. Mr. Gathman stated ten (10)
referral agencies reviewed the proposal and six (6) responded, and some with specific
comments which have been addressed in the Conditions of Approval and Development
Standards. He stated the site is not located within the three (3) mile referral area of any
municipality; however, the Department of Planning Services has received three (3) letters of
opposition, in reference to this request.
Mr. Gathman stated two (2) letters of opposition were received from a surrounding property
owner, Jim Woodward, who owns property southwest of the site and has a residence one-half
mile from the proposed tower. He stated that Mr. Woodward expressed concern about the
Federal Communications Commission (FCC) health limits for radiation and the applicant has
responded to Mr. Woodward's questions/concerns. Mr. Gathman stated that, according to the
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applicant, the radiation generated by cellular towers is minimal and is much less than radiation
generated by analog radio and television towers.
In response to Mr. Woodward's additional concerns, Mr. Gathman stated that he spoke to Clear
Channel regarding the possible co-location of the proposed tower with an existing AM broadcast
tower located approximately 1.3 miles to the south of the site; however, it was determined the
existing site would not be structurally capable to support the dishes that Viaero Wireless has
proposed and would possibly create a situation where the tower may collapse. He indicated
that co-location is encouraged by the Weld County Code, but it would not be possible with the
proposed request.
Mr. Gathman indicated that access to the tower is off County Road 98, which is
a non-maintained County right-of-way, and identified the proposed tower site and the nearest
residence on the map. He added that staff did not receive a response from these property
owners; however, staff did receive one phone call from another surrounding property owner.
Mr. Gathman further stated staff received an additional letter, last night, from property owners
who live approximately one mile to the southeast of the proposed tower site, expressing
concerns about the inability for the public to see the sign posting and the location of where the
signs were posted, the visual impact of the tower, and that the tower would be accommodating
the wireless communication needs for the residents of Larimer County, and not Weld County. In
response to these concerns Mr. Gathman stated that, per Weld County Code requirements,
staff posted two signs; one at the tower site and another was posted at the intersection of
County Roads 13 and 98. He added that staff actually postponed the April Planning
Commission date because it was discovered that County Road 98 is a non-maintained County
right-of-way, so the signs were re-posted to meet that requirement. Mr. Gathman stated that the
applicant has proposed to locate the tower below the crest of a hill, so approximately 25 percent
of the tower height will be partially obscured. He further added that the applicant has provided a
cellular service signal map which indicates there is little to no service in this area for residents of
both Larimer and Weld Counties. Mr. Gathman stated the Planning Commission recommended
unanimous approval for the proposed request and he proceeded to display additional photos of
the proposed site and identified the surrounding residences.
Heidi Hansen, Department of Public Works, stated the applicant is using an existing access
along the County Road 98 Section Line, which is unmaintained County right-of-way; therefore,
the applicant will need to enter into a Non-Exclusive License Agreement which will allow them to
use that right-of-way, with the understanding their use is not exclusive and that Weld County is
not responsible for the maintenance of this access.
Mary Evett, Department of Public Health and Environment, stated water and sewer are not
required since the site is an unmanned facility. Ms. Evett added that portable toilets,
handwashing facilities, and bottled water will be allowed during the construction of the facility.
She stated the applicant has proposed a propane tank with a back-up generator and the tank
will need to meet state permitting requirements. Ms. Evett stated that based on concerns from
Mr. Woodward's letter, dated May 2, 2011, Lauren Light, Department of Public Health and
Environment, spoke to the Colorado Department of Public Health and Environment (CDPHE),
which directed her to publications from the FCC, and it was determined that emissions decrease
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the further you are away from the antenna, and at ground level the FCC states the exposure
level is very minimal and is well below accepted exposure limits. Ms. Evett indicated that
Ms. Light also filled out the FCC's local government checklist, and based on information
provided by the applicant, the proposed facility is unlikely to cause exposure in excess of FCC
guidelines, and Development Standards #3 through #10 address these environmental health
items. She further stated the Department of Public Health and Environment has no concerns
with this request.
Henry Jacobsen, Site Acquisition Specialist for Viaero Wireless, stated he has the ability to
speak on behalf of the property owner, Beverly Ensely. In response to
Commissioner Rademacher, Mr. Jacobsen stated he has spoken with Wayne and
MaryAnn Wolf, who live immediately north of the property, and they have no objections to the
proposed tower facility. He stated that he, along with an adjacent landowner, Rose Brinks,
initially met with James Woodward and Karen Wolff, long before they submitted this application.
No public testimony was offered concerning this matter. In response to Chair Kirkmeyer,
Mr. Jacobsen stated the applicant has reviewed, and agrees to abide by, the Conditions of
Approval and Development Standards, as proposed.
Commissioner Rademacher moved to approve the request of Beverly Ensley, do Viaero
Wireless, for a Site Specific Development Plan and Use by Special Review Permit #1776 for a
Telecommunication Antenna Tower (195-foot self supporting wireless communication tower and
related accessory buildings/structures) 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 entered into the record. The motion was seconded by
Commissioner Long, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:51a.m. This Certification was approved on the 23rd day of May, 2011.
BOARD OF COUNTY C MMISSIONERS
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1776 - BEVERLY ENSLEY, C/O VIAERO WIRELESS
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated May 3, 2011)
Brian and Deidra
D. Patefield Letter of Opposition, dated May 17, 2011
E. Planning Staff Planning Commission Sign Posting Certificate
Board of County Commissioners Sign Posting
F. Planning Staff Certificate
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