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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.03.2001REQUEST: APPLICANT: BOCC 12/03/01 PROJECT INFORMATION AND STAFF COMMENTS A request for review of a Special Use Permit to allow for a Communication facility (Cellular phone tower). Jean and Dee Blue LOCATION: Approximately 2.5 miles east of Carbondale on the north side of Highway 82 behind the Western Slope Aggregates gravel mining operation. SITE DATA: The property for the location of the communication facility is proposed to be a lease on a larger property, the lease to be approximately 6400 square feet in size. ACCESS: County Road 104 EXISTING ZONING: Agricultural/Residential/Rural Density (A/R/RD) SURROUNDING ZONING: Agricultural/Residential/Rural Density (A/R/RD) I. INTRODUCTION: The applicant has applied to receive a Special Use Permit for the purpose of allowing a Communication Facility (Cellular phone tower) on the subject property. II. DESCRIPTION OF THE PROPOSAL: The applicant is proposing to place a seventy-foot (70') monopole capable of supporting four (4) wireless telecommunications providers on the subject site. The monopole will be within an eighty foot (80') by eighty foot (80') lease parcel that is secured by a six foot (6') fence. Each provider's antennas will be attached to the monopole and their respective base station equipment will be contained within the lease parcel. The facility, by nature, will be in use year-round, 24 -hours -a -day. Access to the site is predicted to occur approximately once a month per provider for maintenance purposes. As a lease is being proposed for the actual site of the facility, the duration of the lease must be recorded as part of any approval of this Special Use Permit. III. RELATIONSHIP TO THE COMPREHENSIVE PLAN: This application is in general compliance with the Comprehensive Plan. 1 IV. REFERRALS: Division of Wildlife- Brett Ackerman: During a phone conversation November 26, 2001, the Division of Wildlife recommended that the applicant increase the fence height to eight feet (8') in order to keep wildlife out of the communications tower area. V. GARFIELD COUNTY ZONING RESOLUTION: Section 5.03 Conditional and Special Uses states, As listed under the Zone District Regulations, conditional and special uses shall conform W all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; No water or sanitation services are required for this use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; The traffic generated from this use will be minimal, as the only traffic will be for maintenance purposes. The current condition of County Road 104 should satisfy this requirement. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Due to the natural berm south of the proposed site and the existing topography surrounding the area, the neighboring land uses will be largely unaffected by placing the communications tower at this location. The applicant has indicated plans of painting the proposed tower to blend with the surrounding vegetation. Section 5.03.13 Broadcasting Studio and/or Communication Facility, states, Such broadcasting studios and/or communication facility shall be approved by the Federal Communication Commission and the Federal Aviation Administration, where appropriate. In addition, the following standards will be used in the review application for a communication facility: 2 1. All facilities shall comply with the radio frequency emission requirements of the Federal Communications Commission and any facility in compliance cannot be denied. The applicant must provide evidence that this facility will comply with radio frequency emission requirements of the Federal Communications Commission. 2. The co -location of telecommunications facilities on one site is encouraged and the denial of a landowner/lessor of the co -location of a site shall be based on technical reasons, not on competitive interests. It is the County's policy to minimize the number of communication facilities by the encouragement of co - locating such facilities This tower will have enough room to support four (4) providers. 3. A freestanding telecommunication facility, including antennas, shall not exceed the maximum structure height in the applicable zone district unless an exception is approved by the Board based on the applicant demonstrating the following: (a) Use of existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built environment. The location of the site will be well screened from the surrounding areas due to the natural berm south of the site and the topography east and west of the site. (b) Design, materials and colors of antennas and their support structures, shall be compatible with the surrounding environment, and monopole support structures shall taper from the base to the tip. The applicant has indicated that that the tower will be painted to blend in with the surrounding vegetation. (c) It is consistent with existing communication facilities on the same site. There are not any other existing communications facilities at this location. The maximum height of a building/structure in the A/R/RD zone is twenty-five feet (25'). Therefore, an exception must be requested for the proposed seventy- foot (70') high tower. VI. SUGGESTED FINDINGS: 1. That 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 and that all interested parties were heard at that meeting. 3 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. VII. RECOMMENDATION: Staff recommends APPROVAL of the special use permit, based on the following conditions: 1. All representations of the applicant made in the application and during the public hearing shall be considered conditions of approval, unless approved otherwise by the Board of County Commissioners. 2. The applicant shall have one year from the date of approval to construct the communications facilities. If the communication equipment becomes obsolete or inoperable for any period of twelve months, the applicant shall remove the tower and accessory building from the property. 3. The applicant shall provide a copy of the FCC license for the company providing telecommunication service from the site, prior to the issuance of the Special Use Permit. 4. An exception is granted from the height restrictions sited in Section 5.03.13 (3)(a - c) of the Garfield County Zoning Regulations. 5. The applicant will allow for co -location of other communications facilities on the site, if physically and technically feasible. 6. The fence surrounding the tower shall be increased to eight feet (8') per Division of Wildlife recommendations. �P . I i c 6%�3� . s�ot-1( 19(2_0 vi tie a 11*W-- � 4