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HomeMy WebLinkAbout20041393.tiff HEARING CERTIFICATION DOCKET NO. 2004-38 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1471 FOR THREE (3) RADIO COMMUNICATION TRANSMISSION TOWERS OVER SEVENTY FEET IN HEIGHT(183 FEET)IN THE A(AGRICULTURAL)ZONE DISTRICT- ROBIN THOMAS A public hearing was conducted on May 12, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated April 23,2004,and duly published April 28,2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Robin Thomas fora Site Specific Development Plan and Use by Special Review Permit#1471 for three(3)Radio Communication Transmission Towers over seventy feet in height(183 feet)in the A(Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri Lockman, 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. She stated the three radio towers will be for a private AM station,and she described the design. Ms. Lockman gave a brief description of the location of the site and surrounding property uses. She stated nine referral agencies reviewed this proposal,eight responded favorably or provided comments that have been addressed in the Conditions of Approval and Development Standards, staff received no comments from the surrounding property owners, and she displayed photographs of the site and surrounding properties. Char Davis, Department of Public Health and Environment, stated she has no comments at this time. Donald Carroll, Department of Public Works, stated Weld County Road 39 is a local gravel road, with an average daily traffic county of 116 vehicles. He stated the access extends from Weld County Road 39 along the northern property line. Responding to Chair Masden,Mr.Carroll stated the applicant will be required to construct a minimum 20-foot easement to provide all-weather access, and designate it on the plat. 2004-1393 PL1715 (l :el/tie! DS —2p•-oc/ HEARING CERTIFICATION - ROBIN THOMAS (USR #1471) PAGE 2 Robin Thomas,applicant,stated he has already completed most of the Conditions of Approval and Development Standards. He stated he is working with the Department of Public Works regarding the access, and he also intends to contact the Ault Fire Protection District to ensure the access is adequate for emergency vehicles. Responding to Commissioner Geile, Mr. Thomas stated the towers are owned by a joint partnership with Victor Michael for Radio Frontier Broadcasting. He stated it will be an AM station, and the three towers will be spaced 230 feet apart in an arc configuration which acts as the antenna for directional broadcasting. He further stated the 183-foot height provides the appropriate frequency, and the three towers make a pattern consistent with Federal Communication Commission (FCC) requirements. Mr. Thomas explained the station is licensed in Pierce,and the listening audience will include the surrounding communities to the west from Cheyenne to Denver. In response to Commissioner Vaad,Mr.Thomas stated they chose this site because it is a considerable distance from U.S. Highway 85, there is only one home in close proximity, and they need to remain within a close proximity of the Town of Pierce. He stated the facility orientation is also necessary to protect other stations broadcasting in the area, while still broadcasting to an audience that will support the business. Commissioner Vaad commented the Federal Aviation Administration(FAA)will not require the towers to be lit because they will be outside the minimum distance from airport runways and under 200 feet in height. Responding to Commissioner Jerke, Mr.Thomas stated they will broadcast with 1200 watts during the day, and 300 watts at night. He stated there is almost no signal projected from the back of the towers,during the day it will be heard from Cheyenne to Denver; however, at night the range is reduced. No public testimony was offered concerning this matter. Responding to Chair Masden,Mr.Thomas stated he has reviewed and concurs with the Conditions of Approval and Development Standards as proposed. Commissioner Long moved to approve the request of Robin Thomas for a Site Specific Development Plan and Use by Special Review Permit#1471 for three(3) Radio Communication Transmission Towers over seventy feet in height (183 feet) 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 Jerke,and it carried unanimously. There being no further discussion, the hearing was completed at 10:25 a.m. 2004-1393 PL1715 HEARING CERTIFICATION - ROBIN THOMAS (USR #1471) PAGE 3 This Certification was approved on the 17th day of May 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS E4 WELD COUNTY, COLORADO Vb 1861 ( �� Robert D. Masden, Chair I to the Board William H. J e, Pro-Tem puty Clerk to the Board M. J eile TAPE #2004-21 ( ,� Davie Long DOCKET#2004-38 Glen Vaad / 2004-1393 PL1715 EXHIBIT INVENTORY CONTROL SHEET Case USR#1471 - ROBIN THOMAS 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 05/04/2004) D. Clerk to the Board Notice of Hearing E. Planning Staff Certification and Photo of sign posting, received 04/27/2004 F. G. H. J. K. L. M. N. Q. P. Q. R. S. T. U. V. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF MAY, 2004: DOCKET#2004-38 - ROBIN THOMAS DOCKET#2004-29 - PRIMA OIL AND GAS COMPANY DOCKET#2004-42 -FARMLAND RESERVE, INC. PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip tke, JAI t14-k 300 17 y ' sr HMO_fp rd r'1 yer_s / 69 v 31 Sli }-e 'a0 %fencer eoggo70a )1 10 lizA,V.SeNZ/ue- BLZ, -7-K o ?.?"` Z2-40 ‘k.r.e.l,e `-d tCt5 -S/ nK1711. d 3t-1cK Hui a5'`1 %,l/ I-o rr./d roes-z) ,m at/ 44.49,__ /6So ctJ aco A/vst oyo 8937 j Ag hisKeal 4'311 Hwy 6 sin /o N6. a.'t Co 50e, l-.A U2CN ff-i- Hello