HomeMy WebLinkAbout2.0 Staff Report 03.20.2014Ertl AT&T Communication Facility
LPAA-7810
3/20/14
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
OPERATOR
LOCATION
LEGAL DESCRIPTION
ZONING
I. DESCRIPTION OF THE PROPOSAL
Amendment Request to an Existing
Land Use Change Permit
Jan Ertl (property owner)
AT&T
The property is located off of County
Road 321, approximately 3 mile
southwest of the City of Rifle.
Located in Section 24, T6S, R94W on a
property known by Assessor's Parcel
No. 2175-241-00-032.
Rural (R)
The Applicant is requesting a minor modification to the existing Ertl Land Use Change
Permit to allow changes to the area of the site plan designated for use by AT&T and
minor adjustments to the location of antennas on the tower. The existing approvals
designated a 12 ft. by 20 ft. area (240 ft. ft.) for AT&T use on the site.
The Applicant is proposing additions to the proposed prefabricated equipment shelter.
The addition of a generator porch with an approximately 160 sq.ft. footprint is proposed
on the south end of the shelter while minor additions/attachments are proposed on the
north end of the shelter. The Applicant is also proposing the addition of a pad for a
propane tank involving approximately 96 sq.ft. The overall lease area will include 420
square feet for the revised shelter and 96 sq.ft. for the propane tank pad for a total
AT&T lease area of 516 sq.ft. The proposed changes are intended to provide
emergency power for the communication facility.
The AT&T antenna installations are proposed to be located at the 116 ft. height level on
the tower, up from the original representation of 110 ft. The overall height of the tower
will not change and is 120 ft. to the top of the antennas.
No other changes are proposed and the additional facilities are located adjacent to that
portion of the site previously identified for AT&T use and on similar portions of the tower
(see attached site plan).
II. BACKGROUND -AUTHORITY -APPLICABLE REGULATIONS
The original approval for the Communication Facility was granted by Resolution No.
2013-55 (see attached). Section 4-106 of the Garfield County Land Use and
Development Code sets forth the process for requesting an amendment to an existing
Land Use Change Permit. Section 4-106(C) contains criteria for determining if the
requested amendment is a Minor Modification.
In accordance with the Land Use and Development Code a Pre-Application conference
was held and the Director of the Community Development Department will make a
formal determination as to whether the Application meets the minor modification
criteria.
Ill. REVIEW CRITERIA -STAFF ANALYSIS
The Minor Modification criteria from Section 4-106(C) are shown below with Staff
analysis shown in italics.
A. Review Criteria.
Minor Modifications are those that deviate from standards or rearrange/reconfigure
elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or
other site improvements in an approved Land Use Change Permit, including
Subdivisions, and that meet all of the following criteria as applicable:
1. Comply with all requirements of this Code;
• The proposed amendment does not alter the facility in a way that would create
conflicts with the requirements of the code based on the minimal changes and
consistency with the existing approvals.
2. Do not conflict with the Comprehensive Plan;
• The proposed amendment does not conflict with the Comprehensive Plan as
demonstrated by its consistency with the current approvals.
3. Do not change the character of the development;
• The character of the facility is not changed by the proposal as it remains a
telecommunication facility with the same overall height of tower. The changes
proposed are typical and accessory to the telecommunication use. The
proposed changes reflect infrastructure to supporl the approved use. The
additional areas proposed are adjacent to the previously approved footprint for
the AT&T uses. There is no increase in the overall height of the tower that would
result from the adjustments to the antenna locations on the tower.
4. Do not alter the basic relationship of the development to adjacent property;
• Based on the information provided in the Application, the basic relationship of the
facility to adjacent properties will remain unchanged. No changes to the access
and to the outward appearance of the tower and antennae are proposed. The
antenna adjustments and additional facilities are similar in character and
configuration as the existing approvals. Use of back-up power would occur on a
vel)l limited basis and only during emergency power outages.
5. Do not change the uses permitted;
• The proposal does not change the permitted use.
6. Do not require amendment or abandonment of any easements or rights-of-way;
• No changes to easements or right-of-ways are required or proposed.
7. Do not increase the density;
• The proposal does not involve any increase in density either in terms of
residential uses of which there are none or in terms of number of antennas. The
proposal remains a single telecommunication tower with no increase in overall
height. The proposal does increase the area or footprint of support infrastructure
but not in a manner that alters the overall density/number of equipment sheds
serving the facility.
8. Do not increase the zone district dimensions to an amount exceeding the
maximum dimension in the applicable zone district in Table 3-201; and
• There is no increase or change in the zone district dimension standards including
height of the facility.
9. Do not decrease the amount of the following to an amount below the minimum
required in the applicable zone district:
a. Amount of dedicated Open Space;
b. The size of or change in the locations, lighting, or orientation of originally
approved signs; and
c. Any zone district dimensions in Table 3-201.
• No reduction in open space is proposed. No changes to any signs are proposed.
No change in the zone district dimensions are proposed.
IV. ADDITIONAL STAFF ANALYSIS
1. The original approval reflected in Resolution No. 2013-55 was adopted following
a public hearing before the Board of County Commissioners.
2. The Application has been referred to the County Attorney's Office for comment
and updated statements of authority provided and recorded as requested.
3. No changes in overall height or general character of the facility are proposed.
The additional infrastructure will provide emergency power for the facility.
4. The facility shall continue to be required to maintain compliance with all existing
conditions of approval including compliance with all applicable Federal Regulations (i.e.
FAA and FCC requirements and permits).
V. RECOMMENDATION
The Staff analysis supports a finding that the Application meets the criteria contained in
Section 4-106(C) for a Minor Modification. Section 4-106 (C) states that upon finding it
a minor modification the Director may approve, approve with conditions or deny the
amendment and provide written notice to the Applicant. Staff recommends that the
following supplemental conditions be required.
1. That all representations of the Applicant contained in the Amendment Application
submittals including the revised site plan and tower diagram (attached as Exhibit "A")
shall be conditions of approval unless specifically amended or modified by the
conditions contained herein.
2. All previous conditions of approval contained in Resolution No. 2013-55,
attached as Exhibit "B", shall remain in effect.
3. The Applicant shall maintain compliance with all FAA and FCC requirements as
required by the Land Use and Development Code.
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EXHIBIT "A"
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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in
Glenwood Springs· on Monday, the 5th of August A.O. 2013, there were present:
~Jo=hn~M~art=in~-------------• Commissioner Chairman
""M=i=ke"-"'S=am=so"'°n.._ ____________ , Commissioner
~T=om~J=a=nk=o~v='s=ky,_ ____________ , Commissioner
,_,A,,,n,,d~,,·e"'w,_G=or,.g,,,e.1-y ____________ , County Manager
~Frank===H=u=tfl=e=s=s _____________ , County Attorney
~Je=an"'-"'A""l""be,,,r"'ic"'o'--------------' Clerk of the Board
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. ~Ol.3-55°
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
COMMUNICATION FACILITY, ON 120.49 ACRE PROPERTY OWNED BY JANN
ERTL LOCATED OFF OF COUNTY ROAD 321, SECTION 24, TOWNSHIP 6 SOUTH,
RANGE 94 WEST OF THE 6rn P.M., GARFIELD COUNTY
PARCEL NO# 2175-241-00-032
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a
request for a Land Use Change Permit to allow for Communication Facility as further described in
Exhibits A, B, and C, SITE PLAN, SUBJECT SITE, AND ELEVATION.
B. The Rifle-Rulison Communication Tower is located within a 120.49 acre parcel ofland
owned by Jann Ertl. The ownership of this property is described in a Warranty Deed found at
Reception Number 705758 in the records of the Garfield County Clerk and Recorder.
C. The subject property is located within unincorporated Garfield County in Rural zone
district and is south and southwest of the City of Rifle.
D. Communication Facility may be permitted in the Rural zone district with Limited
Impact Review.
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E. The Board is authorized to approve, deny, or approve with conditions a Limited Impact
application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use
Resolution of 2008, as amended.
F. The Board of County Commissioners opened a public hearing on the 5th day of August,
2013 for consideration of whether the proposed Land Use Change Permit should be granted or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request.
H. The Board of County Commissioners closed the public hearing on the 5•h day of August,
2013 to make a final decision.
l. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
I. That the proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted or could be
submitted and that all interested parties were heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change Permit
for a Communication Facility is in the best interest of the health, safety,
convenience, order, prosperity, and welfare of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan.
5. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Unified Land Use Resolution of 2008, as the
same had been amended at the time the application was deemed by the Community
Development Department to be technically complete.
6. The following waiver requests have satisfied the review criteria as identified in
Article VII, in the introduction paragraph above Division I and are hereby granted:
a. Road standards contained in Section 7-307.
b. Screening will not be required under Sections 7-305 and 7-823 (H) (1).
2
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit for Communication Facility related to the Rifle-Rulison
Communication Tower is hereby approved subject to compliance with the following
conditions:
I. That all representations made by the Applicant in the application, and at the public
hearing before the Board of County Commissioners, shall be conditions of approval,
unless specifically altered by the Board of County Commissioners.
2. The operation of the facility shall be in accordance with all applicable Federal, State, and
local regulations governing the operation of this type of facility.
3. The facility shall be required to comply with the following standards:
a. The facility shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible, without instruments, at any point of any boundary line
of the property on which the use is located.
b. Site operations shall not emit heat, glare, radiation, dust or fumes which
substantially interfere with the existing use of adjoining property or which
constitutes a public nuisance or hazard.
c. All equipment and structures associated with this permit shall be painted with non-
reflective paint in neutral colors to reduce glare and mitigate any visual impacts.
d. Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes.
e. All lighting associated with the property shall be directed inward and downward
towards the interior of the property.
4. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit the
following to the Community Development Department:
a. Revised Site Plan (Sheet Cl-B) that graphically shows and labels all utilities on the
subject property;
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b. Revised Driveway Details (Sheet C-6) that labels the dimensions on all the sections
on this sheet; and,
c. Seed mix to be used for site reclamation. This list shall identify the common and
scientific names of the plant species.
5. Prior to construction of the communication facility, the Applicant shall obtain a
Driveway Permit from the County Road and Bridge Department.
6. The Applicant shall treat the Russian knapweed on and along the access road with an
appropriate herbicide within the timeframe of mid-September to mid-October 2013.
Documentation verifying that this weed has been treated shall be submitted to the
Community Development Department by the end of October 2013. The effects of the
treated knapweed on livestock on the property should be considered.
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLO RAD
Upon motion duly made
following vote:
tlopted by the
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=CO==MM=I=SS"'I""O"'"'N""E,_,R""M""'l_,__,K,,,E_,,S""'A""M""S'""O'-'-N'------------'' Aye
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ST A TE OF COLORADO )
)SS
County of Garfield )
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l, , County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of , A.D. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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Exhibit C -Elevation
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