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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.22.2005BOCC 2/22/05 - AYH PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for a "Communications Facility" for an AM frequency Antenna OWNER Jean M. & Dee Blue APPLICANT Marantha Broadcasting REPRESENTATIVE Gamba & Associates LOCATION& ACCESS 0404 CR County Road 104 SITE DATA 31.37 acres EXISTING/SUROUNDING ZONING ARRD — Agricultural/Residential/Rural Density I. DESCRIPTION OF THE SITE AND PROPOSAL The Applicant proposes to operate a "communications facility", a 78 -foot tall AM antenna on a 31.37 acre parcel of property located at 0404 CR County Road 104. The parcel was created as one of three (3) lots as part of the Jean and Dee Blue Exemption Plat approved on December 3, 1985 and recorded as Reception #367007. The property is more specifically located in the SW '/4 of the NW 1/4 and in the NW '/4 of the SW %4 of Section 25, Township 7 South, Range 88 West of the 6th PM; east of the town Carbondale. 17.4 FT—►1.--- 18.3 FT (5,3 hi) 76 FT (23.0 M) (56M) ". - 113.3 FT ._ (5.8ht) I,Id;l011;1:1_IIIi;1:159'F n't SECTION 1 SECTION 2 18.3 FT ----0- (5.6 M) Figure 1. Physical characteristics of the proposed use. SECTION 3 SECTION 4 0 3 m The proposed use will include the assembly and installation of an unmanned antenna communications facility site to broadcast a newly sanctioned Federal Communication Commission (FCC) signal with new call letters at 1 kW and at an AM frequency of 1240 for the Town of Carbondale and outlying areas. The antenna is a translator of an AM signal from a separate broadcast studio which originates the radio programming; the location of initial broadcast office is to be determined. . It is freestanding at 78' tall with no guy wires, measuring 17.5" at the base and tapering to 3.75" at the tip, with a 2.75' high by 3.75' looped and spread antenna array at the top of the proposed use. The use shall be visited once a month by passenger vehicle to inspect the use and surrounding grounds to maintain the use is properly operating. The proposed use shall be painted a color that will attempt to minimize visual impact on the surrounding area and will not be lighted or marked because the proposed use is less than 200' in height and is not regulated as such by the FAA. Additionally, the antenna will employ a buried radial ground system incorporating 120 copper radial wires 200' in length spaced 3 degrees apart in the area surrounding the base of the proposed use. The radial wires are 10# gauge in diameter Proposed �- AM Antenna Figure 2: The proposed use is shown scaled to approximate size and location on the property. and will be buried 2-4' underground. A six (6) foot wood or plastic fence will be installed around the proposed use at a minimum often (10) feet from the base in an attempt to protect the antenna from wildlife, livestock and human intrusion and tampering. These non-metallic materials are proposed so no interference will occur and to minimize electrical hazard. Holy Cross will provide service to the proposed use. The proposed use as described in the application is conforming to and defined in the Zoning Resolution as a Communications Facility which is contemplated in the ARRD zone district as a special use. Staff has received gnedtttefin response to the required mailing of public notice by the Applicant to all land owners within 200' feet. The communication from the Clifford Cerise Ranch Company 2 Jean M. & Dee Blue / Marantha Broadcast Facility — Carbondale 2/22/05 is dated 2/14/05, is listed as Exhibit G, and states an objection to the proposed use based on a perceived visual impact to the ranch houses on their property. II. REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. Town of Carbondale: No comments received. III. COMPREHENSIVE PLAN The property lies within Study Area I and is designated on the proposed land use map as Residential Medium (6 to <10 AC/DU). The proposed antenna is not located in any defined visual corridor and is located within the Town of Carbondale urban area of influence as mapped within the plan. IV. REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use shall also be required to address the standards from a communications facility found in Section 5.03.13 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 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; Staff Finding: The proposed antenna is an unmanned structure which requires no water or sewer utilities. This standard is met. 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; Staff Finding: The existing access to the property is County Road 104. Proposed traffic generated to the site for the tower will be approximately 1 trip to and from the site every month. This does not represent any measurable impact on the county road system. This standard is met. 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, 3 Jean M. & Dee Blue / Marantha Broadcast Facility — Carbondale 2/22/05 lighting and signs in such a manner as to protect established neighborhood character; Staff Finding: As noted earlier in this report, information in the application and observations of staff on site have found the tower will be located on a valley bottom slope and the proposed location which will prevent the use from appearing silhouetted against the sky for the majority of residents in the adjacent area thus eliminating visual impact. Additionally, the height of the tower is less that 200' and therefore is not required by the Federal Aviation Administration (FAA) to require the tower to be lighted. This standard is met. B. Section 5.03.13 Review Standards: Communication Facilities Such communication facility shall be approved by the FCC and the FAA, where appropriate. Staff Finding: The Applicant shall continuously remain in compliance with the requirements of the Federal Aviation Administration (FAA), as stated in the "Determination of No Hazard to Air Navigation" dated 11/24/04. Thisstandard is met. In addition, the following standards will be used in the review application for a communication facility: 1. All facilities shall comply with the radio frequency emission requirements of the Federal Communications Commission (FCC) and any facility in compliance cannot be denied. Staff Finding: An FCC 3 Broadcast Station has been submitted to the FCC on 10/29/04 by the Applicant. The File number associated with this submittal is 20041029AGP. Compliance with this section shall be demonstrated with a successful application response prior to issuance of the Special Use Permit. This standard has NOT been met. 2. The co -location of telecommunication 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. 01 Application for Construction Permit for Commercial Staff Finding: the Applicant has indicated verbally that an attempt has been made to identify co -location points in the surrounding area but was unable to clearly indicate to staff where the locations were and why co -location was not possible. This information shall be discussed by the Applicant at the time of the public hearing which shall lead to meeting the requirements of this section. This standard has NOT been met. 3. A freestanding telecommunication facility, including antennas, shall not exceed the 4 Jean M. & Dee Blue / Marantha Broadcast Facility — Carbondale 2/22/05 maximum structure height (25 feet) in the applicable zone district unless an exception is approved by the Board based on the applicant demonstrating the following: a. Use q'existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment; Staff Finding: As noted earlier in this report, information in the application and observations of staff on a site visit have found the tower is located on a valley bottom slope which will largely prevent the use from appearing silhouetted against the sky to the majority of adjacent land owners and thus eliminating visual impact. This standard is met. 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; and Staff Finding: As noted earlier in this report and from information found in the application, the antenna has been designed to be compatible with the surrounding environment. The proposed infrastructure tapers from 17.5" at the base to 3.75" at the tip, and is similar in dimension, though larger, than the many existing electric service poles in the area. This standard is met. c. It is consistent with existing communication facilities on the same site. Staff Finding There are no other communication facilities on the same property. This standard is met. V. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve with conditions the request for a Special Use Permit for a "Communications Facility" at a property 0404 CR County Road 104 owned by Jean M. & Dee Blue, provided the BOCC is satisfied and can determine if the applicant has successfully attempted to co -locate the proposed use with no feasible or reasonable outcome. VI. RECOMMENDED MOTION "I move to approve a Special Use Permit for a Communications Facility" for a property owned by Jean M. & Dee Blue located at 0404 CR County Road 104 and in the SW' /4 of the NW 1/4 and in the NW 1/4 of the SW 1/4 of Section 25, Township 7 South, Range 88 West of the 6th PM; east of 5 Jean M. & Dee Blue / Marantha Broadcast Facility — Carbondale 2/22/05 the town Carbondale." 1) That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2) The Applicant shall continuously remain in compliance with the requirements of the Federal Aviation Administration (FAA), as stated in the "Determination of No Hazard to Air Navigation" dated 11/24/04 3) All colors used on the antenna shall be natural and shall not make the tower reflect light or stand out from the surrounding and background vegetation. 4) Upon approval and if technically possible the antenna shall be available for additional users to co -locate at a reasonable rate and the owner of the antenna can deny co -location requests only for technical reasons. 5) The Applicant shall obtain a favorable determination from the Federal Communication Commission in response to the Applicant's submittal of an FCC 301 Application for Construction Permit for Commercial Broadcast Station, and shall transmit said approval to the Garfield County Building and Planning Department prior to the issuance of a Special Use Permit. 6 ® Em-ttr-n t4 74, 2071 Jean M. & Dee Blue / Marantha Broadcast Facility — Carbondale 2/22/05 EXHIBIT a CLIFFORD CERISE RANCH COMPANY 0086 COUNTY ROAD 104 CARBONDALE COLORADO 970.963.3669 February 14, 2005 Garfield County Commissioners 108 8th Street Glenwood Springs, Colorado 81601 Mr. Larry McCown Ms. Tresi Houpt Mr. John Martin Re: Dee Blue Radio Antenna Special Use Permit Request County Road 104 Carbondale, Colorado Dear Commissioners, As owners of the working ranch directly to the west of the proposed antenna location, we request that the special use permit not be granted for the 78' high AM Radio Antenna in its requested location. This antenna will present a large visual impact due to its proximity to our property boundary and our ranch houses. Additionally, Zoning Code Section 9.03.01(2) requires that an applicant provide for "A vicinity map be drawn to scale depicting the subject property, location of roads providing access to the subject property, location and use of building and structures on adjacent lots and names of owners of record of such lots." As submitted, the plat is not clear as to the actual location of the proposed antenna as well as the actual distances to adjacent properties. Accurate locations of buildings and uses on adjacent lots were not depicted in the application as well as physical location of the antenna from property lines (other than Longitude and Latitude which are physically difficult to check without intrusion on the Blue Property.) In our review of this application, we can only assume that it is within a few hundred feet of our property and within our immediate view plain and the immediate view plain of many homes within the Wooden Deer Subdivision. Page 1 of 2 We are not opposed to the applicant benefiting from financial gain by having the antenna located on their general ranch property consisting of several hundred acres, but we are opposed to the applicant locating the antenna on this specific parcel on the west side of their ranch ultimately impacting many residences. It is our opinion that the antenna would provide much less impact to neighbors if it were located on the east side of the Blue Ranch next to the already present gravel mining operation. We would see this location on the east side of the Blue Ranch as a fair compromise. Please seriously consider our request that will lessen the impact on the neighboring properties. Thank you for your time. Sincerely, Clifford Cerise Ranch Company Michael t . erise Owner Toni S. Cerise Owner Robert S. Cerise Owner Cliffor►d'U. Cerise Owner -14 f Page 2 of 2 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE DEBORAH DAVIS* SARA M. DUNN GREGORY A. GOODMAN * ALSO ADMITTED TO PRACTICE .N NEW YORK AND MISSOURI VIA Hand Delivery BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.6546 FACSXMIILE: 970.945.8902 WV W W.BALCOMBGREEN.COM February 17, 2005 Garfield County Board of County Commissioners OF COUNSEL: KENNETH BALCOMB JOHN A. THULSON Re: Application of Dee Blue/Merantha Broadcasting to Install 78' Antena - for AM Broadcast on the Dee Blue Property Gentlemen: • I serve as President of the Wooden Deer Homeowners Association and represent Jon and Luci Fitch, all being property owners adjacent to the Dee Blue property. We have reviewed the referenced application, and object to the granting of the relief requested there. The basis for this objection is that the suggested tower exceeds the building height limitation of AARD, i.e. 25 feet. Further, we believe that the transmission tower does not conform to the zoning requirements found in the supplementary zoning regulations of Garfield County as stated in section 5.03.13. In particular, we would state that the 5.03.1303 requires that a free standing telecommunication facility, including antennas, shall not exceed the maximum structural height in the applicable zone district unless an exception is approved by the Board based on the application demonstrating the following: a. Use of Existing Land Forms, Vegetation and Structures to aid in screening the facility from view or blending in with surrounding built natural environment; b. Design, materials and colors of antennas and their support structures, shall be compatible with the surrounding environment, and mount or support structure shall tapper from base to tip; c. It is consistent with existing communication facilities on the same site. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW February 17, 2005 Page 2 First, there are no existing facility communications on the same site. Second, proposed antenna sticks out in the middle of a field. The proposed antenna is situated in such a position as severely interfere with the viewshed of the house of Jon and Luci Fitch. As well as create a precedent which would adversely impact the Wooden Deer subdivision property owners. At the time Mr. and Mrs. Fitch bought their property, they had every right to expect and believe that no building higher than 25 feet would be placed between their home and the spectacular view of Mt. Sopris their property was situated to enjoy. Further, Mr. and Mrs. Fitch's home has a significant berm which was constructed by the previous owner to shield the view from their property of the Dee Blue property. The construction of the tower in its proposed location will constitute a loss of that shielded view. Pursuant to the above and foregoing, the 12 resident homeowners, 10 lot owners, and Jon and Luci Fitch hereby request the referenced Application for Special Use Permit be denied by the Garfield County Board of County Commissioners. By Very truly yours, BALCOMB & GREEN, P.C. /l Christopher L.