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Home My WebLink About20221701.tiffHEARING CERTIFICATION DOCKET NO. 2022-49 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0011, FOR A TELECOMMUNICATIONS ANTENNA TOWER (330 -FOOT TALL GUYED ANTENNA WITH ASSOCIATED EQUIPMENT) IN THE A (AGRICULTURAL) ZONE DISTRICT - GEORGE J. LEIS FAMILY TRUST, C/O DOROTHY LEIS, AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER WEST, LLC A public hearing was conducted on June 22, 2022, at 10:00 a.m., with the following present: Commissioner Scott K. James, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Perry L. Buck Commissioner Steve Moreno Commissioner Lori Saine Also present: Acting Clerk to the Board, Jan Warwick County Attorney, Bruce Barker Department of Planning Services representative, Chris Gathman Department of Public Health and Environment representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated May 17, 2022, and duly published May 20, 2022, in the Greeley Tribune, a public hearing was conducted to consider the request of George J. Leis Family Trust, c/o Dorothy Leis, and Sharon R. Wolever Trust, c/o Industrial Tower West, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22- 0011, for a Telecommunications Antenna Tower (330 -foot tall guyed antenna with associated equipment) in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Ei Chris Gathman, Department of Planning Services, presented a brief summary of the proposal for a 330 -foot guyed antenna, described the site location, on a parcel of approximately 318 acres and noted, the tower site would encumber seven (7) acres. He relayed 14 referrals were sent out, seven (7) were received with comments, and staff had discussions with the Warren Air Force Base regarding the request, which had helicopter pilots who expressed concerns due to the proximity of the base; however, the referral contact indicated he didn't foresee concerns because the tower is more than 1,200 feet from the military site and three (3) miles or more from existing wind turbines. Mr. Gathman stated a Determination of No Hazard was received from the Federal Aviation Administration (FAA). He stated two (2) surrounding property owners (SPO) attended the Planning Commission H\hearing and had objections related to health and safety and indicated there is another tower approximately five (5) miles north of the proposed site. He shared the applicant submitted a response detailing the selection of the subject location. Mr. Gathman displayed images of the site and surrounding views, and entered the favorable recommendation of the Planning Commission into the record as written. In response to Commissioner Freeman, Mr. Gathman explained the nearest residences are approximately one and a half (1.5) miles away. cc: Pl.(TP/MN/Gb) W/30 /22 2022-1701 PL2826 HEARING CERTIFICATION - GEORGE J. LEIS FAMILY TRUST, C/O DOROTHY LEIS, AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER WEST, LLC, (USR22-0011) PAGE 2 El Lauren Light, Department of Public Health and Environment, stated a screened portable toilet during construction is acceptable, typical dust and waste standards are included and are required during construction as the Federal Communications Commission (FCC) regulates towers, and Development Standards (DS) #12-#17 address Environmental Health issues. She relayed there are no outstanding items for the request. Rick Bailey, authorized representative, relayed the application process began in 2014, and detailed the applicant's request to address a significant gap in coverage, between the Twin Forks of the Pawnee Creek Basin, where there is an area that is void of coverage. In response to Chair James, Mr. Bailey explained what bird diverters are. ▪ Linda Craig, Stoneham resident and SPO, relayed her health concerns about cell radiation which could result from cell towers. Ms. Craig read her letter of opposition of the application (Exhibit E) for the record and relayed the FCC Guidelines have not been updated since 1996. e Kristy Jaeger, SPO, stated her home is in close proximity to the proposed tower, and expressed there is no the need for additional coverage. Ms. Jaeger stated she is against the installation of the tower. Roger Blake, SPO, clarified the tower would be built in the northeast corner of the section. Mr. Blake requested the health of the public and livestock be considered. Mr. Bailey, in response to comments from the public, stated the network in the vicinity of the proposed site is no longer effective, the FCC controls the electromagnetic waves, having equipment that works within parameters that were granted is a necessity, the current wattage is low, and the signal is not constant. Mr. Bailey expressed the intent is not to cause ill effects on the neighbors. In response to Commissioner Freeman, Mr. Bailey confirmed they would likely lease the tower to ATT, T -Mobile, and Union Telephone. In response to Commissioner Moreno, Mr. Bailey stated the American Cancer Society states there are no health effects related to towers. Chair James stated Development Standard #17 includes the FCC, which regulates such devices. Ig In response to Chair James, Mr. Bailey indicated they have reviewed the Conditions of Approval and Development Standards and have no requested changes. • The Board discussed the Conditions of Approval and Development Standards and no changes or corrections were made. El In response to Chair James, Mr. Bailey reiterated they have reviewed the Conditions of Approval and Development Standards and agree to abide by them, as presented. • Commissioner Moreno moved to approve the request of George J. Leis Family Trust, c/o Dorothy Leis, and Sharon R. Wolever Trust, c/o Industrial Tower West, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR22-0011, for a Telecommunications 2022-1701 PL2826 HEARING CERTIFICATION - GEORGE J. LEIS FAMILY TRUST, C/O DOROTHY LEIS, AND SHARON R. WOLEVER TRUST, C/O INDUSTRIAL TOWER WEST, LLC, (USR22-0011) PAGE 3 Antenna Tower (330 -foot tall guyed antenna with associated equipment) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as presented. The motion was seconded by Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing was completed at 11:30 a.m. This Certification was approved on the 6th day of July, 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: De ty Clerk to the and EXCUSED DATE OF APPROVAL Scott K. 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