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HomeMy WebLinkAbout951447.tiffHEARING CERTIFICATION DOCKET NO. 95-48 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1083 FOR ERECTION OF FIVE (5) PRIVATE RADIO TOWERS (140' TALL) IN THE A (AGRICULTURAL) ZONE DISTRICT - WILSON A public hearing was conducted on July 26, 1995, at 10:00 a.m., with the following present: Commissioner Dale K. Hall, Chairman Commissioner Barbara J. Kirkmeyer, Pro-Tem Commissioner George E. Baxter - EXCUSED Commissioner Constance L. Harbert - EXCUSED Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Todd Hodges The following business was transacted: I hereby certify that pursuant to a notice dated June 19, 1995, and duly published June 29, 1995, in the Windsor Beacon, a public hearing was conducted on July 12, 1995, to consider the request of David and Barbara Wilson for a Site Specific Development Plan and Special Review Permit for erection of five (5) private radio towers (140' tall) in the A (Agricultural) Zone District. At said hearing on July 12, 1995, said matter was continued to July 26, 1995, at which time Lee Morrison, Assistant County Attorney, made this a matter of record and notified the applicants that only three Commissioners are present and three affirmative votes are required for approval; therefore, the applicant has the option to request a continuance. David Wilson, applicant, requested the Board proceed. Todd Hodges, Planning Department representative, presented to the Board an aerial map indicating the alignment of the flight path and a letter from the FAA stating since the towers will be only 140 feet in height and the only airport that is close is private, notifying the FAA is not required. Mr. Wilson referred to the previous hearing at which pilots were concerned about safety and obstruction and presented three overheads for the record as Exhibit C: "Take -Off Angle vs. Distance to Trees at End of Runway"; "Take -Off Angle vs. Distance to Proposed Radio Masts"; "See Photograph A". He also presented Photograph A: "Aircraft had just taken off and was flying parallel to WCR 33 (due north)", and Photographs B and C: "Pilots obviously not worried about wind shear or engine failure that day!" for the record as Exhibit D. Mr. Wilson noted the pilots rarely fly on the landing course and they fly at very low heights. He suggested painting the towers red and white; however, lighting would not be beneficial since the planes do not fly at night. Mr. Wilson stated he is entitled to use the air space over his own property, and he cannot relocate the towers because of an easement. Cole Kregel, owner of the property on which the private airstrip is located, stated he, too, contacted the FAA, which indicated it had no control over the airport since it is private; however, the FAA stated the towers would not be desirable. He stated the towers will be a hazard to the agricultural planes when fully loaded and requested they be moved to lessen hazard. The Board noted Mr. Wilson can paint the towers but cannot move them due to an easement and questioned the need to fly over Mr. Wilson's property. Mr. Kregel stated that is the most desirable take -off path to the north. John Brosnahan of LaSalle, Colorado, stated he, too, has a Special Review Permit for towers on his property, which is in close proximity to crop dusters. He stated there were similar concerns with his Permit; however, the only effect he noticed was they do not fly over his property anymore. Mr. Brosnahan noted the planes are highly maneuverable, and Mr. Wilson is both maintaining agriculture and providing for his hobby. He voiced his support for the proposal and reiterated no ill effects have resulted from his towers. Responding to questions from Commissioner Kirkmeyer, Mr. Wilson confirmed all Conditions of Approval and Development Standards are acceptable, and Mr. Hodges confirmed Condition of Approval #5a could be deleted since Mr. Wilson has submitted the Individual Sewage Disposal System evaluation which satisfies the Condition. Commissioner Kirkmeyer suggested an additional Condition of Approval or Development Standard requiring painting of towers, to which Mr. Wilson also agreed. After further discussion, Commissioner Webster moved to approve the request of David and Barbara Wilson for a Site Specific Development Plan and Special Review Permit for erection of five (5) private radio towers (140' tall) 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 including the deletion of Condition of Approval #5a and the addition of Development Standard #13 requiring painting the towers. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. 951447 (j? PL1000 RE: HEARING CERTIFICATION - USR #1083 FOR WILSON PAGE 2 This Certification was approved on the 31st day of July, 1995. APPROVED: ATT 3 : I D 41/! 1 BOARD OF COUNTY COMMISSIONERS COUNTY, LORADO Weld Gcxuht BY Deputy TAPE #95-29 DOCKET #95-48 PL1000 (the Board Barbara J. Kirkmeyer, P o -Tern Fxrl iSFn George E. Baxter Fxri ISFD Constance L. Harbert L/ / W. H. Webste 951447 PL1000 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF JULY, 1995: DOCKET #95-37A - SCREENING PLAN FOR USR #1078 for ROBERT AND DONNA CONNELL DOCKET #95-53 - USR #1085 for WELD COUNTY PUBLIC WORKS CIO DON CARROLL DOCKET #95-48 - USR #1083 for DAVID AND BARBARA WILSON (cont. from 07/12/95) PLEASE legibly write or 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 YEA 80&,o 9s-3Ti load' /sTAve -l1- &fo. ev(oio 4 95-.394 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF JULY, 1995: DOCKET #95-47 - COZ #495 for Quinlan Construction, Inc. 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