Golden – After nearly nine years of testimony and four previous votes, the Jefferson County Board of Commissioners will decide today whether to rezone a Lookout Mountain site for a digital-TV tower.
No public comment will be taken at the special meeting, which was prompted by a zoning appeal filed by the city of Golden and the homeowner umbrella group Canyon Area Residents for the Environment.
In May, Jefferson County District Judge Brooke Jackson remanded the case for the third time for the commissioners to decide.
Jackson ruled that there was no need for further testimony, citing a “voluminous record” of evidence in the case.
“Because of the judge’s opinion, I don’t think any new evidence should be accepted,” said Commissioner Kevin McCasky.
Lake Cedar Group, a consortium of local TV stations, contends Lookout Mountain is the best site to broadcast the widest coverage. Opponents have raised concerns about health effects, electronic interference and tower failure. Lake Cedar Group already has started work on a 730-foot-high digital tower.
“We’re building the tower,” said Lake Cedar spokesman Marv Rockford. A road has been built to where foundations for the transmitter building and tower anchors are being poured.
Lake Cedar Group has asked Jackson to dismiss the zoning appeal, contending that federal legislation enacted in December removes the issue from the court’s jurisdiction.
Golden, Jefferson County and CARE responded with arguments that the federal law does not pre-empt the county’s zoning and building code authority.
U.S. Sen. Ken Salazar, who sponsored the federal legislation with fellow Coloradan U.S. Sen. Wayne Allard, said in a letter sent last week to Lake Cedar Group that he continues to support the consortium’s efforts to bring high-definition TV to metro Denver by the federal deadline of February 2009.
“That being said, I strongly encourage Lake Cedar to perform all of the commitments it has made as a part of the land-use process,” Salazar wrote.
McCasky said he hopes Lake Cedar Group will comply with a 2003 plan approved by the previous county board, including removing three major towers after the new tower is built and dedicating land for open space.
Rockford has said the consortium “may very well do all or most” of what’s in the 2003 agreement but was concerned about reaching an agreement as project opponents continue to battle the tower.
Staff writer Ann Schrader can be reached at 303-278-3217 or aschrader@denverpost.com.
