HomeMy WebLinkAbout2.0 Staff ReportEv/rA,t 4-
Bocc 4/2/84
PROJECT INFORMATION AI'ID STAFF COI,IMENTS
I. BACKGROUND INFORMATION
A. This application has been made as a result of conversations witha group interested in starting a new radio station in theCoutrty. They had intended to purchase enough land to locate five(5) communications towers and a broadcasting studio. The torrerswill be 351 feet in height and occupy an area of 49 acres.
As a result of the discussions, it was noted that similar typesof facilities in the County are located land zoned open space(public lands) and subject to a Conditional Use permit. thereare presently no provisions for Lhis type of facility in any zonedistrict other than the O,/S zone. Unl.ess a use is specificallynoted or fa1Is under a general catagory noted in the Zoningresolution text, it is not an allowed use. This resulted in thepresent application.
II. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The ArzR/no zone district is included in every management districtin the Comprehensive Plan. In general, Districts CrDrE and Fdiscourage the conversion of productive cropland to other uses.Other relevant discussions are:
1. visuar puality: Any development in Districts c,D rE or F inan area which is determined to have a high degree of visualquality after site specific investigation shalI receive specialconsideration to ensure the minimum impact on these qualities.Special clesign and siting of development in such areis shoulcl beused to ensure compatibility with visual quality (pg. 74)
2. while major nature preserves or generar open space isadeguatery provided by available federal ar:d state forest andpark lands in the county, open space along the highly visual andscenic road corridors needs to be preserved. (pg.t4)
3. Encourage non-agricuttural development in agricultural areasto Iocate on non-productive farmlanci. (pg.Ig, #6)
4. The County shaIl encourage industrial-, business, commercialand residential development to locate within the designatecl UrbanAreas of rnfluence. Development may also occur in rural areasadjacent to existing subdivisions of sjmirar land use havingcentral water and sewer services. (pg.I9, #5)
An amendment to the text of the
Zoning Resolution to addnbroadcasting studio, communication
towersn to Section 3.02.03.
Jack Sours, Sr.
BSQUEST:
APPLICANT:
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III.MAJOR ISSUES 4uq_gouqEBug
This application is to al]ow broadcasting studios and/ot
communications towers as a Special Use in the
Agr icultural/Resiclential,/Residential,/Rural Density zone
district. The A,/R,/RD zone district cotltrols the laird uses on a
large majority of the privateJ-y owned land in Garfield County.
As a Special Use permit, any applicant would be required to go
through a review process, with a pubtic hearing required before
the Board of County Commissioners. Issues that have to be
addressed in a Special Use application are:
A.
1.
Z.
3.
Utilities - water and sewer
Street improvements adequate
volume of traffic gellerated
convenient access.
Minimize impacts on adjacent
to accommodateto provide safe
uses.
To obtain a license to operate a radio station, it is necessary
to receive approval from the Federal Communicatiort Commission.
To locate communicaLions towers, it is necessary to obtain
approval from the Federal Aviation Administration and to receive
a nconstruction permitn from the Federal Communication
Commission. It is suggested that an additional section be added
to Section 5.03, Conditional and Special Uses that states:
5.03.I3 Broadcastinq Studio and/ot Communications Towers:
Su"t broadcasElng=E[dfos andlor coffiunfceEfon-Eoweis shalf
be approved by the Federal Communication Commissiop and
Federal Aviation Administration, where appropriate.
There is no definition in the Zoning resolution defining
transmission communication tower. The following wording
suggested:
2.02.L5 LgUUgqfgalioq loger: A non-inhabitable
structure-ovei-75 FeeE in lieight built for the purpose of
transmitting or receiving electrical impulses and approved
by the Federal Communication Commission and Federal
Aviation Administrationr where appropriate.
As noted previously, the proposed towers will be 351 feet in
height. It was noted by the applicant that other types of radio
towers may be substantially higher. Section 5.06.01 exempts
certain non-inhabitable building appurtenances from the height
requirements. To allow communications towersr there wiIl have to
be another provision for building height exceptions. It is
suggested that the followittg section be added to the Zoning
r esolut ion :
5.06.02 Communication Towers: Communication towers may
exceed the-EuflAmg hei,lfrE-ffmitations provided they are
approved by Special Use Permit.
A broaclcasting studio is a commercial activity that could be
compatible with the general character of an
agricultural /tesidential neighborhood. In appearance, it should
not be substantially different than the other residential
structures in the area or an equipment building.
The biggest difference a broadcasting studio could have on an
area would be Lhe traffic impacts due to employees and visitors
going into and out of the area. Some agricultural-related
businesses such as cooperatives, €gUipment saLes and an airport
utility are aII Lraffic generators that could effect a
neighborhood, and are special uses in the A,/R,/RD zone district.
As a special use, the effecL on a neighborhood is addressed and
could potentially be a basis for denial if the impact was found
to be negative.
ais
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B.
D.
IV. FINDINGS
That the proposed zoning resolution text amendment meets the
requirements of Section 10 of the Garfield County Zoning
Resolution of 1978r ds amended;
That the hearing before Lhe Board of County Commissioners was
extensive and c5mplete, that all pertinent facts, matters and
issues were submiited and that all interested parties lrere heard
at the meeting;
That the proposed zoning text amendment is in response to a need
to clarify existing resolution language;
That any development proposal made under the amended text
provisions wiIl be subject to Special Use Permit review;
That for the above stated and other reasons, the proposed zoning
resolution text amen<iment is in the best interests of the health,
safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield CountY.
RECO},IMENDATION
0n- FeE[aFi-dl*t984, the planning Commission recommended approval of
the following zoning resolution text amendments:
1.
2.
3.
4.
5.
V.
2.02.L5 Communicatreq ToEer: A non-inhabitable structure over
2s-feAt in-treighE, uuirt for the purpose of
transmitting or receiving electrical impulses and
approve<l by the Federal Communication Commission and
Pederal eviation Administration, where appropriate.
3.02.03 Add nbroadcasting studio, communication tower (s) .'
5.03.13 Brcadcaslfqg_glgdio anQ/or_Co8munications Towers: Such
nroiaEisElnf stuAfos anflor-onm[nfEatfon totrerTs )
shall be approved by the Federat Communication
Commission ancl Federal Aviation Administration, where
aPPr oPr iate .
5.06.02 Communlcallgns Towers: Communications towers may
exceea t1,g-[[IfdIng height limitations provided they
are approved by Special Use Permit.
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Pc 2/8/84
PROJECT INFORI,IATION AND STAFF COMMENTS
BEQ9E9I:
APPLICANT:
The A/R/RD zone district is included in
in the Comprehensive P1an. In general,
discourage the conversion of productive
An amendment to the text of the
Zoning Resolution to addnbroadcasting studio, communication
towers" to Section 3.02.03.
Jack Soursl Sr.
every management districtDisEricts CrDrE and F
cropland to other uses.
I.BACKGROUND INFORMATION
A. This application has been made as a result of conversaLions with
a group interested in starting a nelt radio station in the
County. They had intended to purchase enough land to locate five
(5) communications towers and a broadcasting studio. The towers
will be 351 feet in height and occupy an area of 49 acres.
As a result of the discussionsr w€ noted that similar types of
facilities in the County are located land zoned open space(public lands) and subject to a Conditional Use permit. There
are presently no provisions for this type of facility in any zone
district other than the O/S zone. Unless a use is specifically
noted or falls under a general catagory noted in the Zoning
resolution text, it is not an allowed use. This resulted in the
present aPPIication.
II. RELATIONSITIP TO THE COMPREHENSIVE PLAN
Other relevant discussions are:
1. Visual Quality: Any development in Districts CrDrE or F in
an area which is determined Lo trave a high degree of visual
qualiLy after site specific investigation shal1 receive special
ConsideraLion to ensure the minimum impact on these qualities.
Special design and siting of development in sutch areas should be
usecl to ensure compatibility with visual quality (pg. 74)
2. While major nature preserves or general open space is
a<leguately providecl by available f ederal and state f orest and
park lands in the County, open space along the highly visual and
scenic road corridors needs to be preserved. (p9.14)
3. Encourage non-agricultural development in agricultural areas
to locate on non-productive farmland. (p9.18, #6)
4. The County sha11 encourage industrial, business, commercial
and residential development to locate within the designated Urban
Areas of Influence. Development may also occur in rural areas
adjacent to existing subdivisions of similar land use having
central water and sewer services. (p9.19, #5)
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o
III.MAJOR ISSUES AND CONCERNS
This application is to a1low broadcasting studios and/orcommunications towers as a Special Use in theAgricultural,/Residential,/Residential/R.ura1 Density zonedistrict. The A,zR,/RO zone district controls the land uses on alarge majority of the privately owned land in Garfierd county.As a Special Use permit, any applicant would be required to gothrough a review process, with a public hearing required beforethe Board of county commissioners. rssues that have to beaddressed in a Special Use application are:
1. Utilities - water and sewer2. Street improvements adequate to accommodate
volume of Lraffic generated to provide safeconvenient access.3. Minimize impacts on adjacent uses.
To obtain a licetrse to operate a radio station, it is necessaryto receive approval from the Federal Communications Commission.To locate communications towers, it is necessary to obtainapproval from the Federal Aviation Administration ancl to receivea nconstruction permitn from the Federal communicationsCommission. It is suggested that an additional section be acldedto section 5.03, conditional and special uses that states:
5.03.13 Broadcasting_studio and/or gqryr{rqrrications Towers:
Such broadcasting sEudios and/or coffi[nfcaEfon towers SaIlbe approved by the Federal Communications Commission andFederal Aviation Administration, where appropriate.
B. There is no definition in the Zoning resolution defining atransmission communication tower. The follovring wording issuggested:
2.02.L5 Communication Tower: A non-inhabitablestructure over ZSTeeE fn freight built for the purposeof transmittingor receiving electrical impulses and approved bythe Federal communications commission and FederalAviation Administration, where appropriate.
c. As noted previousry, the proposed towers wilr be 351 feet inheight. rt was noted by the applicant that other types ofradio towers may be substantially higher. section s.oo.orexempts certain non-inhabitable building appurtenances fromthe height reguirements. To al1ow communications towers,there will have to be some provision for buirding heightexceptions. It is suggested that the following section beadded to the Zoning resolution:
5.06.0I Communica!ion Towers: Communication towersmay exceed the building height rimitations providedthey are approved by Special Use permit.
D. A broadcasting studio is a commercial acLiviLy that could becompatible with the general character of anagricultural,/residential geighborhood. In appearance, itshould not be substantially different than the otherresidential structures in the area or an equipment building.The biggest difference a broadcasting studio could have onan area would be the traffic impacts due to employees andvisitors going into and out of the area. Someagricultural-rerated businesses such as cooperatives,equipment sales and an airport utility are irr trafficgenerators that could effect a neighborhood, and are specialuses as a result. As a special use, the effect on aneighborhood is addressed and could potentially be a basisfor denial if the impact was found to be negative.
A.
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IV. FINDINGS
t. That the proposed zoning resolution text amendment meets the
requirements of Sections 10.01 01, 10.02.0I and 10.03.01 of the
Garfield County Zoning Resolution of 1978r ds amended;
2. That the meeting before the Planning Commission was complete andthat aII persons had an opportunity to speak;
3. That the proposeC zoning Lext amendment is in response to a needto clarify existing resolution Ianguage;
4. That any development proposal made under the amended textprovislons will be subject to Special Use Permit reviewi
V.
5. That for the above stated and other
resolution text amenCment is in thesafety, morals, convenience, order,citizens of Garfield County.
RECOMMENDATION
Given the fact that such prtpo"uA uses willspecific review and may be compatible withit is recommended that the following zoning
reasons, the proposed zoning
best interesLs of the health,prosperity and welfare of the
be subject tothe surroundingtext amendments
site
area use,
be made:
2.02.L5
3.02 .03
s.03,13
5.06.01
Communication Tower: A non-inhabitable structure over25-feet-fn-EeigEt;-uuirt for the purpose oftransmitting or receiving electrical impulses and
approved by the Federal Communications Commission andFederal Aviation Administration, where appropriate.
Add nbroadcasting studior communications tower.'
Broadcesling_g!g0ig 1nq&l Communicalione_Togers: Such
broadcasting studios and/or shaIl be approved by theFederal Communications Commission and Federal AviationAdministrationr where appropriate.
Communications Tovrers: Communications towers may
exceed-theT[ffA-Tng height Iimitations provided theyare approved by Special Use Permit.
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