HomeMy WebLinkAbout970951.tiffHEARING CERTIFICATION
DOCKET NO. 97-25
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1143 FOR A
RADIO BOOSTER STATION TOWER OVER 70 FEET IN HEIGHT (493') IN THE
A (AGRICULTURAL) ZONE DISTRICT - KKDD-FM BROADCASTERS, C/O ROBERT
ZELLMER
A public hearing was conducted on May 14, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem - EXCUSED
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Kerri Keithley
The following business was transacted:
I hereby certify that pursuant to a notice dated April 28, 1997, and duly published May 1, 1997, in
the South Weld Sun, a public hearing was conducted to consider the request of KKDD-FM
Broadcasters, c/o Robert Zellmer, for a Site Specific Development Plan and Special Review
Permit #1143 for a radio booster station tower over 70 feet in height (493') in the A (Agricultural)
Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Kerri
Keithley, Department of Planning Services representative, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the record
as written. Ms. Keithley submitted a packet of three letters, Exhibit B for the record, for the Board's
review and further explained the proposal. She noted the Planning Commission added Condition
of Approval #6.G. requiring the base of the tower be set back 500 feet from the perimeter of the
Special Review Permit area to ensure the entire tower would fall within that area if it collapsed.
Chair Baxter explained to the applicant that in the event of a tie vote, since only four commissioners
are present, Commissioner Harbert would review the record and cast the deciding vote. Robert
Zellmer, General Partner, represented the applicant and stated KKDD-FM is a limited partnership
and has been a licensee of KSIR, licensed operator near the Town of Wiggins, for six years. He
explained this proposed tower will provide a booster for the southern area and has been approved
by the FAA. He referenced the letter from Timothy Cutforth, Director of Engineering for VIR James,
P.C., included in Exhibit B, which addresses technical issues, and stated he has consulted with
Gerry McRae, Engineer for McRae and Short, and the land owner concerning the 500 -foot setback
requirement. Mr. Zellmer requested the 500 -foot setback be from the road rather than from the
property line and that they be allowed to build the access into the property from Weld County
Road 18.5 to the south. Don Carroll, Public Works Department, stated the standard road right-of-
way is 60 -feet; however, he has not investigated this particular road. He reiterated his
970951
et: PL
PL1143
RE: HEARING CERTIFICATION - KKDD-FM BROADCASTERS, C/O ZELLMER (USR #1143)
PAGE 2
recommendation to utilize the existing access through the owner's property and not grant a new
access. He also agreed with the Planning Commission's recommendation that the tower be set
back from the property line to avoid it falling onto a Weld County road. Discussion ensued
concerning how the tower would fall and the location of the house and barn. Mr. Zellmer
responded to numerous questions from the Board concerning the engineering study performed to
locate this site which is far superior to any other, as well as interference with phones, television
reception, etc. Mr. McRae also responded to questions from the Board concerning the location of
the tower and confirmed the odds of the tower falling in a straight line are slim. Charles Haller,
James Allen, Connie Guest, Ray Guest, William Swartz, and James Sloan, all surrounding property
owners, voiced numerous concerns regarding the proximity of the tower to homes, flashing lights,
safety issues, devaluation of property, possible hazards from numerous storms and tornados in the
area, interference, views, etc. During his rebuttal, Mr. Zellmer stated he has been involved over
40 years with radio towers and no one has ever said property values have gone down, and he feels
most towers are generally accepted and mostly ignored, noting there are several in the Greeley
area which are not noticed. He stated towers are more protection from, than an attraction to,
lightning as addressed in Mr. Cutforth's letter dated August 1991. Mr. Zellmer reiterated that no
other sites which met criteria compared to this one for performance and again stressed Mr.
Cutforth's expertise. Mr. Zellmer responded to further questions from the Board and stated they
anticipate renting space to joint users and confirmed they jointly use another tower, but it was not
technically acceptable for this booster. He stated the towers will sustain 85 mph winds with ice,
and he has never seen a tower taken by a tornado. Mr. Zellmer confirmed all specifications from
the FAA have been met and they will comply with all Conditions of Approval, including #6.E. and
#6.F. concerning SUP #3 and the mobile home, respectively. Discussion ensued concerning SUP
#3 for a hog operation which covered over 15 properties and is no longer in existence, and Ms.
Keithley confirmed the SUP will be vacated. Mr. Morrison clarified the accessory use may still be
justified, and Commissioner Kirkmeyer referenced Condition of Approval #6.F. and clarified
"applicant" should be changed to "property owner" since it is the property owner who must submit
evidence justifying the use of the mobile home. Mr. Morrison also confirmed Reason #2.G.
includes weed control, and Ms. Keithley referenced the specific section in the Zoning Ordinance.
Mr. Zellmer stated they are leasing only the space necessary for the tower, which will be fenced,
and the remaining property will be maintained as a pasture by the owner. Responding to further
questions from the Board, Mr. Carroll referenced his May 7, 1997, memorandum indicating the
applicant shall utilize the existing access off Weld County Road 49, which shall be a graded and
drained all-weather road to the facility. Mr. Zellmer explained they will access the road only once
per week and will have to build a road through the property owner's pasture. He clarified the
access off Weld County Road 18.5 would be shorter, and they would not have to travel through the
pasture. Mr. McRae confirmed the access from Road 18.5 would be 500 to 600 feet and the other
access would be 700 to 800 feet across the pasture into Lot A. Mr. Carroll stated the existing
access off Road 18.5 is designated as an agricultural access and would be workable if no new
accesses are granted. Mr. Guest stated the access on Road 18.5 is an old ensilage pit and is not
practical, and he reiterated the severity of the tornadoes and lightning in the area. Mr. Morrison
suggested the Board change "the" to "an" in Condition of Approval #3 concerning existing
accesses. Chair Baxter confirmed the applicant agrees to all other Conditions of Approval and
970951
PL1143
RE: HEARING CERTIFICATION - KKDD-FM BROADCASTERS, C/O ZELLMER (USR #1143)
PAGE 3
Development Standards. Commissioner Webster moved to approve the request of KKDD-FM
Broadcasters, do Robert Zellmer, for a Site Specific Development Plan and Special Review Permit
#1143 for a radio booster station tower over 70 feet in height (493') 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 and as accepted
by the applicant. The motion was seconded by Commissioner Hall, who clarified the motion
includes changing "the" to "an" in Condition of Approval #3 and the setback requirement of 500
feet. Commissioner Kirkmeyer clarified the motion must also include changing "applicant" to
"property owner" in Condition of Approval #6.F. Commissioner Webster agreed with said
clarifications. Commissioner Kirkmeyer stated she would like to vote against the motion because
she does not like living close to a tower; however, the Zoning Ordinance standards and criteria
have been met by the applicant. She also noted the property values in her area have increased
over the last few years even with four towers in the vicinity, and tornados have not affected the
towers. Commissioner Kirkmeyer reiterated the applicant has met the burden of proof and
adequate Conditions of Approval and Development Standards will provide protection of the
neighborhood. Chair Baxter stated the tower will actually dissipate lightning and lessen that
problem in the area. The motion then carried unanimously.
This Certification was approved on the 19th day of May, 1997.
Deputy Cler' : e Board
TAPE #97-12
DOCKET #97-25
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, CLORAD J
George E. Baxter, Chair
W. H. Webster
970951
PL1143
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 14TH DAY OF MAY, 1997:
DOCKET #97-25 - USR #1143 - KKDD-FM BROADCASTERS, CIO ZELLMER
DOCKET #97-26 - USR #1144 - RICHARD PODTBURG
PLEASE legibly print your name and complete address and the DOCKET # (as
listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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