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Home My WebLink About20063171.tiff HEARING CERTIFICATION DOCKET NO. 2006-76 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1508 FOR COMMUNICATION TRANSMISSION TOWERS (TWO GUYED BROADCAST TOWERS APPROXIMATELY 1,459 FEET, AN INCREASE FROM THE PREVIOUSLY APPROVEDHEIGHT OF 1,180 FEET, WITH SUPPORT BUILDINGS) IN THE A (AGRICULTURAL) ZONE DISTRICT - LONGMONT BROADCASTING, LLC A public hearing was conducted on November 15, 2006, at 10:00 a.m.,with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tem - EXCUSED Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Jenny Luna Assistant County Attorney, Cyndy Giauque Planning Department representative, Chris Gathman 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 27, 2006, and duly published November 1, 2006, in the Fort Lupton Press,a public hearing was conducted to consider the request of Longmont Broadcasting, LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit#1508 for Communication Transmission Towers(two guyed broadcast towers approximately 1,459 feet,an increase from the previously approved height of 1,180 feet,with support buildings)in the A(Agricultural)Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of record, and advised the applicant's representative, Kirk Goble,The Bell 5 Land Company, LLC, that he has the option of continuing this matter to a date when the full Board will be present. However,if he decides to proceed today,it will require three affirmative votes,or in the case of a tie vote, Commissioner Long will listen to the record and make the determining vote. Mr. Goble indicated he would like to proceed today. Chris Gathman, 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 east of Weld County Road 17 and south of Weld County Road 16. He stated a 1,180-foot broadcast tower exits on the site,which is the western tower originally approved through Use by Special Review Permit (USR) #1508. He further stated seven single family residences are located to the north of the site, and an existing broadcast tower over 1,000 feet is located to the south of the site, which was approved through USR#776. Mr. Gathman stated a water tank facility for the Town of Frederick is located to the south of the site,with a new water tank placed on the site, and utility lines are located along the western boundary of the property. 2006-3171 PL1785 On : PL, /040/ //-c2� 06 HEARING CERTIFICATION - LONGMONT BROADCASTING, LLC (AMUSR#1508) PAGE 2 Mr.Gathman stated staff received a phone call from Elizabeth Wilson, surrounding property owner, and she indicated her concerns regarding the easement agreement, and her concerns about a potential tower collapse. He stated Development Standard#30 states an easement agreement shall be submitted prior to construction,covering the Potential Zone of Collapse. He further stated staff received an updated letter from Ernest Jones, Electronics Research, Inc.,dated October 12, 2006, stating in the unlikely event of a tower collapse,the majority of the tower structure would fall within 450 feet of the tower base,with lighter scattered debris up to 700 feet from the tower base. He stated the tower is located approximately 1,000 feet from the utility lines at the nearest point, and approximately 1,200 feet from the nearest residence. Mr.Gathman stated on November 14,2006, staff received an updated letter from Kerr-McGee Oil and Gas OnShore, L.P.,marked Exhibit F. He stated Kerr-McGee requests protected drill sites for existing wells and that the future ability to"twin" the wells be identified on the plat, and staff recommends the addition of a Condition of Approval to address this request. He further stated the applicant hoped to have a response from the Federal Aviation Administration(FM)prior to the hearing; however, Robert VanHastert has indicated that a decision will be made by December 4, 2006, in regards to approval or denial of the request to extend the tower height. He stated staff recommends that a Condition of Approval be placed in the Resolution requiring submittal of written evidence of approval from the FM before recording the final plat. He further stated a note on the plat itself is most preferable since a plat already exists for USR #1508. In response to Chair Geile, Mr.Gathman referred to his memorandum, marked Exhibit G,and read the requested modifications to Criteria of Approval#2.C into the record. He requested the addition of Condition of Approval#1.6.3,to address the concerns of Kerr-McGee Oil and Gas OnShore, L.P., and he requested the addition of Condition of Approval#1.C,requiring written evidence of approval from the FM. Responding to Commissioner Jerke, Mr.Gathman stated if the FM does not grant approval of the request to extend the height of the tower,the applicant will not be allowed to extend the tower height. Char Davis, Department of Public Health and Environment,stated the operations building located on the site is serviced by an approved septic system and water service is provided by the Central Weld County Water District. Ms. Davis requested that Development Standards#10,#12,and#13 be removed, since they are not necessary. Don Carroll, Department of Public Works, stated both Weld County Roads 16 and 17 are local gravel roads, and site has two accesses; however,the main access will be located on Weld County Road 17. He stated the facility has extensive security, and the tower is very tall. In response to Chair Geile, Mr. Carroll stated the power lines along the western boundary are 115k lines. Mr. Goble stated the applicant acquired the property in 2003, with the intent to place broadcast towers on the site, and the construction of the west tower, to the height approved through USR#1508, is complete. He stated the only change to the original application is to increase the tower height to 1,459 feet, and the applicant understands that approval is subject to approval from the FM. He stated the applicant has come under additional scrutiny due to a new mineral owner, and the Colorado Oil and Gas Conservation Commission has approved new spacing allowances since the original application. He further stated the FM is willing to consider a height increase, since the increase will extend the broadcasting abilities,and additional broadcasters may share the tower. Mr. Goble stated two new projects in the immediate vicinity of the tower, the Spindle Hill 2006-3171 PL1785 HEARING CERTIFICATION - LONGMONT BROADCASTING, LLC (AMUSR #1508) PAGE 3 power generation peaking plant and a construction of a new water tank for the Town of Frederick, could interfere with operations at the current height. He stated the utility lines along the western edge of the property are located on a fee-simple right-of-way. He stated the west tower completed all construction deadlines and the support building has been completed as well. He further stated the east tower is in the planning stages, and the construction of the tower will depend upon the market demand for the tower. Mr. Goble stated the applicant has employed as many local contractors as possible for the construction of the tower, the tower is not manned, and the tower must be climbed to be maintained. He stated runoff issues exist on the property,and re-vegetation of the land has been naturally occurring. Mr. Goble stated part of the purpose of extending the height of the tower is due to the mandate of providing digital television by 2009. He stated the tower has a narrow profile,and is hard to see from a distance due to the special finish of the metal and the redirected safety lighting. He stated the facilities are similar to others within the area; however,the tower blends in to reduce visual impact. He further stated the Federal Communications Commission(FCC)issues the construction permit, which includes the analysis of safe levels of ionizing radiation, and the applicant has been in full compliance. He stated the structural integrity of the tower is strong, and the guyed wires are designed to withstand severe wind and ice loads. He further stated in the event of a collapse, the tower will fall in upon itself,the debris field radii is approximately 70 percent of the tower height,and the referral from Mr. Jones indicates the potential for tower collapse is very minimal. Mr. Goble stated the site is very secure, and the applicant has entered into an agreement with the mineral owner, KP Kauffman. He stated Kerr-McGee has requested that the facility locations and setbacks be indicated on the plat, and the applicant has concurred with the request. He further stated the proposed accesses are located on the plat, and the Fort Lupton Fire Marshall has indicated approval. He stated the applicant is committed to working with Mrs. Wilson, the surrounding property owner to the east, and a letter of agreement will be executed as required in Development Standard #30. No public testimony was offered concerning this matter. In response to Chair Geile,Mr.Goble stated he and the applicant have reviewed,and concur with, the Conditions of Approval and Development Standards as proposed, with the exception of the request of staff to require approval from the FAA prior to recording the plat. He further stated the applicant would like to move forward and record the plat, as amended, with a note that states any height increase is subject to approval from the FAA. In response to Mr.Goble,Mr.Gathman stated a plat for this project is already on record, and staff stands by the recommendation of the addition of Condition of Approval#1.C. In response to Mr.Gathman, Mr.Goble stated the protection of the new mineral owner does not exist if the new plat is not recorded. He further stated Use by Special Review Permits are structured, and many times plats are recorded while awaiting approval from another jurisdiction. CommissionerJerke stated he does not agree with the applicant,since the FAA has veto power of the height adjustment, therefore, the plat should be not recorded if the use could potentially be denied. 2006-3171 PL1785 HEARING CERTIFICATION - LONGMONT BROADCASTING, LLC (AMUSR#1508) PAGE 4 Commissioner Vaad moved to approve the request of Longmont Broadcasting, LLC, for a Site Specific Development Plan and Amended Use by Special Review Permit#1508 for Communication Transmission Towers(two guyed broadcast towers approximately 1,459 feet,an increase from the previously approved height of 1,180 feet,with support buildings)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. His motion included the modifications to Criteria of Approval#2,the addition of Conditions of Approval#1.6.3,and#1.C, and the deletion of Development Standards#10,#12,and#13,with subsequent renumbering and relettering. The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 11:50 a.m. This Certification was approved on the 20th day of November 2006. APPROVED: BOARD OF C 1La WELD rtt COLI U NTY COMMISSIONERS COLORADO ATTEST: "� i✓s Weld County Clerk to 043,0 rct-cji c crir EXCUSED �� 1 47.1 � David E. Long, Pro-Tem BY: Dep Clerk t he Board < (i li‘fm H. Jerke TAPE #2006-40 9 Robert D. MAsd DOCKET#2006-76 ;IA 41t( h Glenn Vaad �v� _— 6114) 2006-3171 PL1785 EXHIBIT INVENTORY CONTROL SHEET Case AMUSR#1508 - LONGMONT BROADCASTING, LLC 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 10/17/2006) D. Clerk to the Board Notice of Hearing E. Planning Staff Sign Posting Certificate F. Planning Staff Letter from Kerr-McGee, received 11/14/2006 G. Planning Staff Proposed Amendments to the Resolution H. Applicant Copy of PowerPoint Presentation J. K. L. M. N. O. P. Q. R. S. T. U. V. 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