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Home My WebLink About20073349.tiff HEARING CERTIFICATION DOCKET NO. 2007-83 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1619 FOR ONE (1) OR MORE MICROWAVE, RADIO, TELEVISION, OR OTHER COMMUNICATION TRANSMISSION OR RELAY TOWER(S)OVER SEVENTY(70) FEET IN HEIGHT, PER LOT, INCLUDING A TRANSMISSION BUILDING, IN THE A(AGRICULTURAL) ZONE DISTRICT -ANDREA, WILLIAM, AND EDUARDO NEIDIG A public hearing was conducted on October 24, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Roger Caruso Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated October 5, 2007, and duly published October 10, 2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of Andrea, William, and Eduardo Neidig, for a Site Specific Development Plan and Use by Special Review Permit#1619 for one(1)or more microwave,radio,television,or other communication transmission or relay tower(s) over seventy (70) feet in height, per lot, including a transmission building, in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Roger Caruso, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the site is located west of, and adjacent to, U.S. Highway 85, and north of the County Road 114 Section Line, approximately five miles north of the Town of Nunn. He further stated the surrounding properties are predominantly agricultural, and one single family residence is located approximately 800 feet south of the property. He stated two letters of objection have been received from a surrounding property owner, dated August 10, 2007, and August 28, 2007, and one telephone call regarding concerns of property value has been received since the Planning Commission hearing. Mr. Caruso indicated thirteen referral agencies reviewed the proposal, and nine responded favorably, or with comments that have been addressed through the Conditions of Approval and Development Standards. He reviewed photographs of the site, and indicated the derelict mobile home located on the property will be removed. Char Davis, Department of Public Health and Environment, stated the tower station will be unmanned, and the applicant shall provide bottled water and portable toilets for employees during construction activities. 2007-3349 PL1931 HEARING CERTIFICATION - ANDREA, WILLIAM, AND EDUARDO NEIDIG (USR#1619) PAGE 2 Don Carroll, Department of Public Works, stated the site is accessed from U.S. Highway 85, and the access to the property is through a 30-foot deeded easement across the property to the south. He stated the applicant did request a new access on U.S. Highway 85; however, the request was referred to the Colorado Department of Transportation for consideration. In response to Chair Long, Mr. Carroll indicated the current access is adequate. Alberto Loya represented the applicant and stated he is speaking on behalf of La Familia Broadcasting Corporation. He introduced members of the Corporation, including William Neidig, Andres Neidig, Andrea Neidig, and Chris Roberts, and Engineer Tim Cutforth. He stated the Corporation has been in the radio business over 46 years, and this will be the fourth radio station operated by the Corporation. He further stated the applicant has complied with all local, state, and federal regulations, and he requested approval of the application. In response to Chair Long, Timothy Cutforth, Engineer, stated the final design of the tower height is 387 feet, which has been determined to be the optimum height. Further responding to Chair Long, Mr. Cutforth stated the Federal Aviation Administration(FAA)has approved the exact height and location of the towers, and approval from the Federal Communications Commission (FCC) is expected very soon. In response to Commissioner Masden, Mr. Cutforth explained a red flashing light will be utilized at the top of the tower during night hours, and a white medium-intensity light will be utilized during the daytime, and clarified the tower will not be painted with red and white stripes. He explained the change in regulations by the Environmental Protection Agency (EPA) regarding painting towers,and stated the tower is constructed of a galvanized metal,which makes it invisible from a distance; therefore, the flashing lights are required to facilitate air traffic. Responding to Commissioner Jerke, Mr. Cutforth explained the three basic considerations for operation of an AM radio station, and stated the city of license for the station is Fox Farm, Wyoming. He clarified the towers must be constructed at this precise location in order to facilitate coverage for the city of license, as well as expansion south of Wyoming, into Northern Colorado. He stated the FCC generally allows up to three towers for the same frequency, and the tower serves as the antenna for AM radio frequencies. He further explained how the signal is focused through the placement of multiple towers. In response to Commissioner Garcia, Mr. Loya stated the mobile home was originally placed on the property as a storage facility; however, the applicant has decided to remove the mobile home and construct a new building. Further responding to Commissioner Garcia, William Neidig, applicant, indicated the mobile home will be removed from the property within the next three weeks. Responding to Chair Long, Mr. Cutforth stated the new building will be an equipment building, and the size of the building will be based upon the size of the equipment to be placed within the building. He further stated the Federal Emergency Management Agency (FEMA) has recently encouraged that auxiliary studio facilities be placed within transmission buildings, for emergency purposes. In response to Commissioner Jerke, Mr. Caruso read Condition of Approval#1.D into the record, which addresses the removal of the mobile home from the property. Responding to Commissioner Masden, Mr. Neidig stated the radio station currently serves Northern Colorado and Southern Wyoming; however, the placement of the towers will allow service to the City of Greeley and southern Weld County. 2007-3349 PL1931 HEARING CERTIFICATION - ANDREA, WILLIAM, AND EDUARDO NEIDIG (USR#1619) PAGE 3 Melanie Erickson, surrounding property owner, stated her residence is directly south of the proposed towers, and she expressed her concerns regarding the red flashing light at night. She stated the property is zoned A (Agricultural) and the applicant knew the property's designation when it was bought. She expressed her concerns regarding a business being placed in an agricultural area, and she is upset that the applicant is seeking to run a business with disregard to the feelings of the surrounding property owners. She stated the flashing lights will be a nuisance and the view of surrounding scenery will be impacted. She further stated she has provided previous photographs of the mobile home located on the site, and she believes her residence will be closer to the towers than the photographs indicate. She expressed her desire for the property to remain agricultural in nature. In response to Commissioner Rademacher, Ms. Erickson indicated the placement of her residence on the map provided, and clarified her residence will be located approximately one-quarter of a mile from the location of the towers. She stated she also has concerns about how the applicant intends to serve the property with electricity. There being no further testimony, Chair Long closed the public comment portion of the hearing. In response to Commissioner Jerke, Mr. Caruso indicated the access to the applicant's property on the map provided. He stated the location of the towers are subject to setbacks and fallout zones, therefore, they will be placed 400 feet from the property boundaries on the north and west, and approximately 800 feet from the southern property boundary. Further responding to Commissioner Jerke, Mr. Caruso clarified the access to the applicant's property is by way of an easement on the Erickson property, which is a part of the recorded deed. In response to Commissioner Jerke, Ms. Erickson indicated at the time the original property was divided, an easement was granted to the northern property, since only one access to U.S. Highway 85 was allowed. She stated it is her understanding that the easement was intended to be for agricultural purposes only, and the access crosses the pasture land on her property. There being no further testimony, Chair Long closed the public comment portion of the hearing. Mr. Barker indicated the deed includes a non-exclusive access easement,and the easement is not restricted for specific uses; therefore, the applicant is not precluded from utilizing the access for the intended purpose. Mr. Loya stated the proposed location is the best alternative for the placement of the towers, since the towers would provide a greater disruption within the boundaries of a municipality. Mr. Cutforth stated once a tower exceeds 200 feet in height, the tower must be painted with red and white stripes, or a flashing white light must be placed at the top of the tower. He stated the lights only emit flashes at a horizontal level and upward, therefore, the flash may be seen from the ground; however, it will not light up the ground area. He further stated the white flashing daytime light will be noticeable when it is looked upon directly. He stated the property around the towers will still be utilized as pasture land, therefore, the primary use of the property will remain agricultural. In response to Chair Long, Mr. Cutforth indicated the power company has committed to provide service to the property, however, he is not sure of the specifics of how electricity will be provided to the property. Mr. Neidig clarified the property will not be utilized for a commercial business, and there will not be excessive traffic visiting the site. He stated an engineer will visit the site occasionally to complete maintenance operations; however, no retail sales will be completed at the site. 2007-3349 PL1931 HEARING CERTIFICATION - ANDREA, WILLIAM, AND EDUARDO NEIDIG (USR #1619) PAGE 4 Responding to Commissioner Rademacher, Mr.Cutforth indicated approximately 25 of the 80 acres will be utilized for the towers and the buried guywires; however, the actual area to be fenced off will be less than one acre. He further stated the towers are surrounded and secured by fencing, as required by federal law. Further responding to Commissioner Rademacher, Mr.Cutforth estimated the Erickson residence will be located approximately 290 feet below the flashing beacon light. Mr. Carroll clarified the difference in elevation between the Erickson residence and the placement of the towers is approximately 10 feet, and the distance between the residence and the towers is approximately 1,800 feet. In response to Chair Long, Mr. Loya indicated he, and the applicants, have reviewed, and concur with, the Conditions of Approval and Development Standards as presented. Commissioner Jerke stated the Use by Special Review Permit process allows for a property owner to deviate from the uses allowed on property zoned A(Agricultural). He stated the review process is set up to allow for denial if the use is inappropriate; however, he does not believe this use is inappropriate. He stated the use will be regulated by the FCC and the FAA, and there is a very small likelihood of injury to surrounding property owners. He clarified he understands the concerns of the surrounding property owner; however, thousands of residents within Weld County live a closer distance to similar radio towers, and he supports approval of the application. Commissioner Garcia stated his main concern regarding the application was the placement of the unsightly mobile home on the property. He stated he understands the home will be removed within the next three weeks and will be replaced with a new permanent structure, which will provide storage needs, therefore, his concerns have been resolved. Commissioner Masden indicated he also supports approval of the application. Commissioner Rademacher concurred with approval of the application, and he expressed his appreciation to Ms. Erickson for providing her comments and concerns. He stated he lives in close proximity to radio towers and he believes the pros outweigh the cons in this application. Commissioner Masden moved to approve the request of Andrea, William, and Eduardo Neidig, for a Site Specific Development Plan and Use by Special Review Permit #1619 for one (1) or more microwave, radio, television, or other communication transmission or relay tower(s) over seventy (70) feet in height, per lot, including a transmission building, in the A (Agricultural) Zone District, based on the recommendations of the 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 Garcia,and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. 2007-3349 PL1931 HEARING CERTIFICATION -ANDREA, WILLIAM, AND EDUARDO NEIDIG (USR#1619) PAGE 5 This Certification was approved on the 29th day of October, 2007. APPROVED: 117-4.4,a OARD OF COUNTY COMMISSIONERS ��' F �D EOUNTY, COLORADO CCpp ATTEST: /� avid E. Long, Chair Weld County Clerk to the B 11,1 )) William H. Je Pro-Tem BY: v_ CL u�Pq (/ De 14y Cler o the Board j J Wi m F. Garcia Robert D. Masden (J (\ Douglas/Rademacher 2007-3349 PL1931 EXHIBIT INVENTORY CONTROL SHEET Case USR#1619 -ANDREA, WILLIAM, AND EDUARDO NEIDIG Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 9/4/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certification and Photo of Sign Posting F. Applicant Determination from FAA G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. r Q \, � D.- r] U c-- cc a �tin^11 b v, rVIC la r, �� V vir en y ..5 0° U a o Q o o No t•� r h ;cc u 4 td 1 CS a , e 41 O N j A v ', P$ �` \ W •. 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