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Home My WebLink About2.0 Staff ReportPOW Inc. Communication Facility S UAA-7619 8/20/13 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Amendment Request to an Existing Land Use Change Permit — Special Use Permit APPLICANT (OWNER) POW Inc. (Steve Beckley) OPERATOR SMJ International o/b/o Sprint LOCATION The property is located on Iron Mountain, just north of the City of Glenwood Springs LEGAL DESCRIPTION Located in Section 3, T6S, R89W on a property known by Assessor's Parcel No. 2185-033-00-034. ZONING Rural (R) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval to replace three (3) existing antennas on an existing tower and communication building. The replacements are part of normal maintenance and upgrades to the facility. Based on engineering details provided by the Applicant the replacement will not result in an increase in the overall height of the Tower. The placement on the communication building is significantly lower than the Tower and the replacement antennas are consistent in scale with the original antennas. The Applicant also proposes upgrades to infrastructure supporting the antennas including upgraded cables, new RRU units (support antenna operation), replacement of two (2) communication cabinets within the existing communication building, and replacement of an existing GPS antenna with a newer modelupgrades IL BACKGROUND — AUTHORITY — APPLICABLE REGULATIONS The original approval for a Special Use Permit for the Telecommunication Facility was granted by Resolution No. 2007-66 (see attached). Section 4-106 of the Garfield County Land Use and Development Code sets for the process for requesting an amendment to an existing Land Use Change Permit or Special Use 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. III. REVIEW CRITERIA — STAFF ANALYSIS The minor amendment 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, same number of antennae, of a similar character and configuration. 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 as the antennae replacements are similar in character and configuration. 5. Do not change the uses permitted; • The proposal does not change the uses permitted. 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. 2 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 facilities such as number of antennae as the proposal only calls for replacement of existing antenna units. 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. 2007-66 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 requests for additional ownership and statement of authority documentation have been provided and included with the Application. 3. No changes in overall height or general character of the facility are proposed. 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). 5. In accordance with the Applicant's representations, all obsolete antennas shall be removed within 6 months of initial work on installation of the replacement antennas. The Applicant has indicated that this timing is necessary to insure the new systems are operational prior to removing the existing antennas. 3 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. All obsolete antennas shall be removed within six months of initial installation of the replacement antennas. 2. The Applicant shall maintain compliance with all FAA and FCC requirements as required by the Land Use and Develoment Code. 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Aciv011 N6 f0 0E ES22N2E0 CLOWASE Mu 20 1108 2211115E12110 cort241r11w71MAIL CTF,2 22/ HODNA IW 6 .22251..% MITER 1212 IR 10 21/407)4 2 4221 �2210Al7N =1a11, 0N 011-12/0 1m52221 MCI 7OKR F2OW228101 21 24 2 K 02 1E 0222817E Of 9•512.12152 OIE 221.2-2R111922 22202 O 211 1721 AWL.11 12 Magi K1Cq Oleo 100112 7WM SMCONAL 0212101114 FOR 4WIERON- 82142 21 EISOO= R O2IDCA1C110 MO OAyL 222 AAM M5,C1T ,V%OCYAL pF 510110110114 074402. 5 111111#inYVIi IIIINiriNi114 1011,'1#1 i Nig 11111 Reeeptlon#: 780276 09/08/2007 10:29100 ACI Jean Alberloo 1 of 3 Roo Fee:30.00 Doe Fee:0.00 GARFIELD COUNTY Co 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 Courthouse, in Glenwood Springs on, Monday, the 2nd day of July A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown , Conunissioner Trrsi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green (Absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2007-66 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A COMMUNICATION FACILITY OPERATED BY SPRINT NEXTEL LOCATED ON A PROPERTY OWNED BY POW INC, GARFIELD COUNTY PARCEL NO# 218503300034 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from POW Inc. for a Special Use Permit ("SUP") to allow a Communication Facility (Un -Manned Tower) on their property within the Agricultural Industrial zone district; and WHEREAS, the Board held a public hearing on the rd day of July, 2007, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1 3 1111IiIIIINAI.hifthiliiiirr#C SRIAillig 11111 Reeeptiontt: 731276 08108/2007 10:29:00 AN Jean Alberico 2 of 3 Rec Fee:SO.00 Doc Fee:0.00 GARFIELD COUNTY CO 2. The meeting 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. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5.03.13 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for a Communication Facility (Un -Manned Tower) on a property owned by POW Inc. is hereby approved subject to compliance with all of the following specific conditions: 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 conditions of approval, unless specifically altered by the Board of County Conunissioners; 2) The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3) The communication facility shall be available for future co -location and the denial of a requested co -location shall be based on technical reasons, not on competitive interests; 4) The existing Sprint/Nextel communication tower, antennas, proposed modifications and all future modifications shall be painted a darker matte earth tone to reduce visual impacts; Dated this tis. day of afAi4th,(4`" , A.D. 2007 ATTEST: GARFIELD OUNTY BOARD OF CO 5, GARFIELD COUNTY, LO Cl/ of the Board Upon motion duly made and seconded the fo IIII P . FIVANU1141! r1141Id 11101t1vIVI IMini 1111 Reception#: 730276 09I00112007 10:29:00 AM Jean Alberieo 3 of 3 Roo Fee:$0.00 Dao Fee:0.00 GARFIELD COUNTY CO following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO )ss County of Garfield , Aye , Aye , 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. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners 3