HomeMy WebLinkAbout20052029.tiff HEARING CERTIFICATION
DOCKET NO. 2005-56
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1508
FOR COMMUNICATIONS TRANSMISSION TOWERS (TWO GUYED BROADCAST
TOWERS APPROXIMATELY 1,180 FEET IN HEIGHT WITH SUPPORT BUILDINGS) IN
THE A(AGRICULTURAL) ZONE DISTRICT - LONGMONT BROADCASTING, LLC
A public hearing was conducted on August 3, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated July 15,2005,and duly published July 20,2005,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Longmont
Broadcasting,LLC,fora Site Specific Development Plan and Use by Special Review Permit#1508
for Communications Transmission Towers(two guyed broadcast towers approximately 1,180 feet
in height with support buildings)in the A(Agricultural)Zone District. Lee Morrison,Assistant County
Attorney, made this a matter of record. Chris Gathman, Department of Planning Services,
presented a brief summary of the proposal,entered the favorable recommendation of the Planning
Commission into the record as written,and submitted a Memorandum,marked Exhibit P,requesting
modifications to the Conditions of Approval and Development Standards. He gave a brief
description of the location of the site and surrounding land uses, and stated the property is
accessed from Weld County Roads 17 and 16 by crossing property owned by Excel Energy. He
stated there are existing power lines on the Excel Energy property,as well as an access easement.
Mr.Gathman stated Elizabeth Wilson,surrounding property owner,submitted a letterat the Planning
Commission hearing expressing concern with the potential collapse of a tower onto her property.
He stated he is requesting the addition of a Development Standard requiring an easement on the
Wilson property to address the potential zone of collapse, and the applicant does have a signed
agreement with Ms.Wilson. He stated the applicant has also negotiated a Surface Use Agreement
with K.P. Kauffman to show gas flow lines on the plat,a recent letter from K.P. Kauffman indicates
no further objections,and staff is requesting a finalized copy of the agreement. Mr.Gathm a n stated
the property is located across the street from the Frederick/Firestone/Dacono Intergovernmental
Agreement boundary, therefore, it is still considered a nonurban area. He stated a letter from
ERI Installation, Inc.,dated March 30,2005,indicates the collapse area would be approximately 25
to 50 percent of the tower height, and all adjacent residences are located outside of the collapse
radius. He further stated the applicants have agreed to redesign the fence around one of the
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HEARING CERTIFICATION - LONGMONT BROADCASTING, LLC (USR #1508)
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proposed towers so it does not cross the KN Energy property. Mr. Gathman stated ten referral
agencies reviewed this proposal,nine responded favorably or provided comments that have been
addressed in the Conditions of Approval and Development Standards, and he displayed
photographs of the site and surrounding area.
Char Davis, Department of Public Health and Environment,stated the property will be serviced with
a tap from the Central Weld County Water District, and the operations buildings will have a septic
system.
Donald Carroll, Department of Public Works, stated the applicant will utilize the two existing
accesses on Weld County Roads 16 and 17,which are local gravel roads. He stated they anticipate
one or two employee visits two or four times a week, the structures will be 20 feet by 20 feet and
45 feet by 45 feet, and he has no concern with impacts to stormwater drainage due to the small
footprints of the structures.
Kirk Goble, The Bell 5 Land Company, represented the applicant and displayed a PowerPoint
presentation,marked Exhibit N,which he reviewed for the record. He displayed maps indicating the
location of the Public Service right-of-way, indicated the location of the existing accesses, and
stated the proposal will be compatible with the surrounding property uses. Mr. Goble stated the
property lies outside the geohazard area,the first tower will be built as soon as permits are issued,
and the second tower will be constructed within five years. He displayed photographs of the
guy-wire bases and low-profile buildings,as well as the site detail plan and plat map. He stated the
facilities will operate year round; however,there is no production done on the site,and there will be
minimal employee visits per week. He further stated the towers are designed to fold and collapse
rather than fall over in a straight line,which results in less of a potential impact on the surrounding
area, and in the very unlikely occurrence of a collapse, preventative measures have been
addressed. Mr.Goble stated the applicant has worked out a long-term agreement with Ms. Wilson
regarding the collapse area that overlaps onto her property.
Elizabeth Wilson, surrounding property owner,stated there is a signed letter of agreement,which
is required as a Development Standards. She further stated her son lives on Parcel A and they
have also reached a verbal agreement with Longmont Broadcasting to construct a fence to prevent
certain cables from snapping back and damaging the son's home.
Responding to Chair Jerke, Mr. Goble stated he and the applicant have reviewed and concur with
the Conditions of Approval and Development Standards, as proposed and modified by staff in
Exhibit P. Mr.Goble submitted copies of the PowerPoint Presentation and signed Letter Agreement,
marked Exhibits N and O, respectively.
Commissioner Masden moved to approve the modifications presented by staff, as stated in
Memorandum,dated August 2,2005,marked Exhibit P. Commissioner Vaad seconded the motion,
which carried unanimously.
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HEARING CERTIFICATION - LONGMONT BROADCASTING, LLC (USR #1508)
PAGE 3
Commissioner Masden moved to approve the request of Longmont Broadcasting, LLC,for a Site
Specific Development Plan and Use by Special Review Permit #1508 for Communications
Transmission Towers(two guyed broadcast towers approximately 1,180 feet in height 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. The motion was seconded by Commissioner Vaad, and it carried
unanimously. There being no further discussion, the hearing was completed at 12:00 p.m.
This Certification was approved on the 8th day of August, 2005.
APPROVED:
IE1;a BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1861 ' w #11-n--•. )2,1'7
William H. J e, Chair
ritll;°(�oje y Clerk to the oard
M. ile, ro- m
BY:
Deputy Clerk to the Board
id E. Long
TAPE #2005-31
Robert Masden
DOCKET#2005-56 ag-42-efig_
Glenn Vaad
2005-2029
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#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 05/17/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Items prior to scheduling, dated
06/28/2005
F. Applicant Letter re: Agreement with Elizabeth Wilson,
dated 06/27/2005
G. Applicant Letter re: Mineral Notification, dated
06/08/2005
H. Planning Staff E-mail from applicant re: Reply from Larry
Richardson, Fort Lupton Fire Department,
dated 05/19/2005
Planning Staff E-mail from applicant re: Letter from Molly
Sommerville representing Anadarko Land
Corporation, dated 06/08/2005
J. Applicant E-mail re: Agreement with KP Kauffman,
dated 07/27/2005
K. Applicant E-mail re: Correspondence with Town of
Frederick, dated 07/27/2005
L. Applicant E-mail re: Agreement with Elizabeth Wilson,
dated 08/02/2005
M. Planning Staff Certification and Photo of sign posting
N. Applicant Copy of PowerPoint Presentation made on
08/03/2005
O. Elizabeth Wilson Letter of Agreement, dated 08/02/2005
P. Planning Staff Memorandum re: Proposed revisions to
Conditions of Approval, dated 08/02/2005
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 3RD DAY OF AUGUST, 2005:
DOCKET#2005-51 - DANIEL DAVIS, C/O LARRY AND KATHY RITTEL
DOCKET#2005-56 - LONGMONT BROADCASTING, LLC
DOCKET#2005-57 -JASON AND AMY KRILL
DOCKET#2005-58 -ALAN AND CAROL DAVIS
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