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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.21.2007Exhibits (05/21/07) A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Staff Memorandum E Application F Email from Davis Farrar, Planner, Town of DeBeque, dated 4/13/2007 BOCC5121/2007 CR Chevron USA, Inc. Special Use Permit Project Information and Staff Comments REQUEST Special Use Permit to allow a "Communication Facility" APPLICANT / OWNER Chevron USA, Inc. County Road 211, north of DeBeque, CO EXISTING ZONING ADJACENT ZONING PARCELNO. Resource Lands Open Space 2137-321-00-008 STAFF RECOMMENDATION Approval 1. REQUEST Chevron USA, Inc. requests that the Board of County Commissioners (the BOCC) approve a Special Use Permit (SUP) to allow a "Communications Facility" on a property located on County Road 211, north of DeBeque,`Colorado. The Applicant is proposing to construct one (1) 30 foot -tall communcation tower for voice and data transfer. II. SITE INFORMATION The proposed communication tower will be constructed on 10'X10' concrete or compacted gravel base. The facility will be unmanned and have a self contained electrical supply utilzing solar panels and ground mounted batteries. III. REFERRALS Staff referred the application to the following review agencies and/or County Departments: Town of DeBeque: Exhibit F Garfield County Road and Bridge: No Comments Recieved Garfield County Vegetation Management: Due to the size of the proposed facility reclamation security is not recommended. 1 BOCC5121/2007 CR IV. REVIEW STANDARDS Section 5.03 Review Standards 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' Water and sanitation services will not be utilized at the proposed facility. 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 only traffic volume genearted as a result of the proposed facility will be limited to periodic maintenance and repair. Current street improvements are adequate to accommodate the traffic generated by the operation of a communication facility on the subject property. 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 The proposed facility will be located approximately two miles from the end of County Road 211. As represented, the proposed use will not impact adjacent uses. Section 5.03.13 (Broadcasting Studio and/or Communication Facilitvl Pursuant to Section 5.03.13 of the Zoning Resolution, a permit for Communication Facilities requires that such facilities 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 of application for a communication facility: (1) All facilities shall comply with the radio frequency emission requirements. of the Federal Communication Commission and any facility in compliance cannot be denied. Response The applicant states that "the transmission and receiving equipment and antennas for the proposed use will comply with the Federal Communication Commission regulations for the class of equipment and frequency emissions." The Applicant has provided FCC notification. 2 BOCC5121/2007 CR (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. Response The applicant states that "whenever possible, Chevron will co -locate communications facilities at existing sites. However, for the proposed use there are no other suitable facilities that would provide the service that Chevron needs for its operations." Staff recommends that the Board require this facility be available for co -location as a condition of approval. (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 existingland formsvegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment. (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. (c) It is consistent with existing communication facilities on the same site. Response The height of the proposed tower will be 30 feet. Structural height limits are not identified within the Resource Lands Zone District. No other communication facilities are currently located on the proposed site. V. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 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, morals, convenience, order, prosperity 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. 3 BOCC5/21/2007 CR VI. STAFF RECOMMENDATION Due to the limited nature of potential impacts to surrounding properties, Staff recommends the Board approve the request for a Special Use Permit to allow a "Communication Facility" on parcel no. 2137-321-00-008 tract 104 with the following conditions: (1) That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. (2) That the operation of the facility be done in accordance with all applicable federal, state, and local, regulations governing the operation of this type of facility. (3) That all proper building permits are obtained for the structures associated with the operation of the Communication Facilities. (4) The communication facilities must be available for future co -location and the denial of a landowner/lessor co -location on a site shall be based on technical reasons, not on competitive interests. 4 Craig Richardson From: Karen Eisenach [clerk@debeque.org] Sent: Friday, April 13, 2007 6:05 PM To: Craig Richardson Subject: Chevron Craig, I reviewed the special use application from Chevron USA for a communications tower in section 36 T5S, R 98 W north of De Beque, CO. The Town of De Beque does not have concerns about the tower/communications facility as proposed. Thank you for the referral. Davis Farrar Town Administrator/Planner 5/16/2007