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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.01.2005Exhibits for Special Use Plan for a "Communications Facility" for an AM frequency antenna. Applicant is Jean M. & Dee Blue Board of County Commissioners Public Hearing: 8/01/05 A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Letter: Christopher Coyle, Balcomb & Green, dated 7/19/05 11 I BOCC 8/01/05 MLB 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 In March of 2005 the applicant withdrew the application for a "communication facility" to investigate alternative sites for the placement of the tower. Eleven sites were determined to possible locations for a tower and letters were sent to the property owners proposing a 40 year lease. All of the property owners rejected the proposal. Other locations on the applicant's property were considered, but rejected due to a conflict with a recently installed roller sprinkler system. As a result, the application has been resubmitted to the County in the same location previously proposed. 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 'A of the NW 'A and in the NW V44 of the SW 1/4 of Section 25, Township 7 South, Range 88 West of the 6th PM; east of the town Carbondale. Figure 1. Physical characteristics of the proposed use. 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 Figure 2: The proposed use is shown scaled to approximate size and location on the property. 2 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 of ten (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 defined in the Zoning Resolution as a Communications Facility which is contemplated in the ARRD zone district as a special use. II. REFERRALS AND COMMENTS Staff has received one comment from the President of the Wooden Deer HOA and the attorney for Mark Kavasch, Susan Lau and John & Lucy Fitch, adjacent property owners. They object to the placement of the tower due to it exceeding the maximum building height of 25 ft.. 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, 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 bench about the Roaring Fork valley and set back from the bench in such a way that it will not be visible from Highway 82. Illustrated in the application is digitally created image of the proposed tower from a property to the north of the proposed site. Since the proposed tower exceeds the maximum building height of 25' allowed in the A/R/RD zone district, it does detract from the view across the valley to the south and Mount Sopris. The owners of the property to the north, acknowledge that they would have to recognize any structure 25' in height as being an anticipated intrusion on their views to the south. They object to the placement of the tower in a relatively open field, with very little back ground to camouflage the tower. Since the height of the tower is less that 200', it is not required by the Federal Aviation Administration (FAA) to require the tower to be lighted. This standard is not 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. This standard 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 301 Application for Construction Permit for Commercial 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 4 number of communication facilities by the encouragement of co -locating such facilities. Staff Finding: the Applicant states that the physics of AM frequency radio waves makes Co -location unfeasible.. This standard has been met. 3. A freestanding telecommunication facility, including antennas, shall not exceed the 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 of 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 bench above the Roaring Fork River valley which will prevent the use from appearing silhouetted against the sky to people on Highway 82 and the valley floor. Adjacent land owners to the north, particularly those adjacent to the property, will have the silhouetted view of the tower, since it does exceed the maximum building height. The applicants have proposed to paint the tower a color that will allow it to blend into the backscape, but the houses near the same level will still have a portion of the tower silhouetted. This standard is not 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: 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. It is proposed to paint the tower a color to blend into the surrounding landscape. 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. 5 V. RECOMMENDED 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 and that all interested parties were heard at that meeting; and all pertinent facts, matters and issues (other than sound levels of the proposed use) were submitted prior at the meeting. 3. That the application is NOT in conformance with Sections 5.03(3) and 5.03.13(3)(a) of the Garfield County Zoning Resolution of 1978, as Amended. 4. That for the above stated and other reasons, the proposed Special Use Permit is NOT in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VI. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners deny the request for a Special Use Permit for a "Communications Facility" at a property 0404 CR County Road 104 owned by Dee Blue, based upon the finding that the proposed site does not meet the standards for placement of the communication tower in Section 5.03 (3), to minimize the impact to adjacent property through the use of screening, etc. and Section 5.03.13 (3.)(a), which requires the 'use of existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment". 6 2"1��� EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER '790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.0540 FACSIMILE: 970.945.8902 OF COUNSEL: KENNETH BALCOMB JOHN A. THULSON CHRISTOPHER L. GEIGER WWW.BALCOMBGREEN.COM ANNE MARIE MCPHEE DEBORAH DAVIS* SARA M. DUNN GREGORY A. GOODMAN * ALSO ADMITTED TO PRACTICE IN July 19, 2005 NEW YORK AND MISSOURI 1,4 VIA Hand Delivery%..y vG 13.<; <; Garfield County Board of County Commissioners G%- 108 8th ‘10O r'o Glenwood Springs, CO 81601 c 9' s 21330 Re: Special Use Permit Application of Dee Blue/MBC Grand Broadcasting Inc. to Install 78' radio antenna for AM Broadcast on the Dee Blue Property Gentlemen: I serve as President of the Wooden Deer Homeowners Association and represent Mark Kavasch and Susan Lau as well as John and Lucy Fitch, 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 zoning designation for the subject property, i.e. 25 feet. Further, we believe that the transmission tower does not conform to zoning requirements found in the supplementary regulations of Garfield County as stated in 5.03.13. In particular, we would state that the 5.03.13 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 taper from base to tip; c. Is consistent with existing communication facilities on the same site. First, there are no existing facility communications on the same site. Second, the BALCONIB & GREEN, P.C. ATTORNEYS AT LAW July 19, 2005 Page 2 proposed antenna sticks out in the middle of a field. The proposed antenna is situated in such a position as severely interfere with the view shed of the house of Mark Kavasch and Susan Lau as well as John and Lucy Fitch. At the time the Kavasches and the Fitches 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 and the adjacent mountain scenery their residential property was situated to enjoy. Further, Mr. and Mrs. Fitch's home has a significant berm that 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, Mark Kavasch and Susan Lau as well as John and Lucy Fitch hereby request that the Application for Special Use Permit be denied by the Garfield County Board of County Commissioners. By CC: Mark Kavasch and Susan Lau John and Lucy Fitch Very truly yours, BALC,OMB & GREEN P.C. / fl Christopher L.