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HomeMy WebLinkAbout2.0 Staff Report 07.11.2007Exhibits — Public Meeting (7/11/07) Exhibit Letter (A to Z) Exhibit A Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) B Staff Memorandum C Application D Email from A'lissa B. Gerum, City Planner with the City of Glenwood Springs dated 5-21-2007 E Letter from Bill Gavette of the Carbondale and Rural Fire Protection District dated 6-1-2007 F Email correspondence from Chris Stryker of Stryker Site Services LLC dated 7-5- 2007 G Written Ballot outlining changes to the West Bank Ranch covenants allowing for "Cellular Transmission Tower on Lot 63" H Sprint/Nextel site and development outline dated 8-18-2006 r?,:t1" &or 11 v 5e PC 07/11/07 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT REPRESENTATIVE(S) LOCATION I. BACKGROUND Amend the text of the West Bank Ranch Filing 4 PUD, Residential/Multi-Family, Fourplex District KN Energy, Inc. (Rocky Mountain Natural Gas Company) Stryker Site Services LLC / Chris Stryker Lot 63 of the West Bank Filing 4 PUD Stryker Site Services LLC has submitted an application for an amendment to the text of the West Bank Ranch PUD Filing 4. The land owner, KN Energy, currently operates a gas distribution facility on the property described as Lot 63 of West Bank Ranch PUD Filing 4. The parcel is zoned Residential/Multi-Family, Fourplex District (R/M,F,4). Lot 63 is the only lot zoned R/M,F,4 within the West Bank Ranch PUD Filing 4. The current Uses, by right for the R/M,F,4 zone district include: One structure per lot, containing up to but not more than four dwelling units and customary accessory uses including buildings for shelter or enclosure of small animals or property accessory to the use of the lot for multi -family residential purposes and fences, hedges, gardens, walls and similar landscape features, water systems, sewer systems and other utility services, including water wells and water tanks, and access roads for construction and maintenance of utilities, may be sited in easements within the Residential Multi -Family District. Park and Greenbelt. The District does not permit any Uses, Conditional or Uses, Special. In addition, lots within a Four-plex lot shall have no minimum lot area and lots have no maximum lot coverage. II. REQUEST The Applicant states that: Sprint/Nextel is proposing to amend the text under Paragraph A & G of Section III R/M.F.4 — Residential/Multi Family, Fourplex District in order to allow for the installation of a multi- user Telecommunication Facility. The proposed language under Section A shall read as follows: The construction and operation of a multi-user cellular transmission tower on Lot 63. Currently G under Section III indicates a maximum Building Height of 25 feet, the requested height change to Lot 63 is 55 feet. The above referenced Resolution was recorded on October 13ih, 1993 under reception #45360, Book 878 Page 456. 1 The Applicant does not indicate whether "The construction and operation of a multi-user cellular transmission tower on Lot 63" is to be a use allowed by right, conditional or special use permit. Following discussions with the Applicant, Staff anticipates that the Applicant intends the use to be as a use by right. In addition, in order to make the wording match that within the Garfield County Zoning Resolution of 1978 as Amended and as the R/M.F.4 zone district only applies to Lot 63, Staff suggests modifying the language to include a "Communication Facility" as a "Uses, by right" within the R/M.F.4 zone district of the West Bank Ranch Filing 4 PUD. Section 2.02.155 of the Garfield County Zoning Resolution of 1978, as Amended defines a "Communication Facility" as: A non -inhabitable structure supporting antennas and microwave dishes that sends and/or receives radio frequency signals, including television and date impulses through space by means of electromagnetic waves. Communication facilities include structures or towers, and accessory building, not including individual/personal direct -to -home satellite services. III. STAFF COMMENTS Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria the Board of County Commissioners shall use to determine if a modification to a PUD is warranted. Specifically, it states, all those provisions of the Plan authorized to be enforced by the County may be modified, removed or released by the County, subject to the following (these criteria are listed below in bold italics followed by a Staff response): (1) No modification, removal or release of the provisions of the Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and Staff Response Staff understands that the Applicant has worked with the West Bank homeowners association to change the covenants to allow for "Communication Facilities" within the West Bank Ranch PUD Filing 4 (See Exhibit G and Exhibit F). In light of these changes, Staff finds that adding the use of a "Communication Facility" within the R/M.F.4 zone district is not anticipated to "affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity" and, as a result, this criterion is met. (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the modification, removal or release is consistent with the efficient development and preservation of the entire PUD [and the modification] does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. Staff Response As Lot 63 is currently owned by KN Energy and used as a site for natural gas distribution and 2 that the topography of the area separates this lot from other residential lots within the West Bank Ranch PUD, Staff finds that allowing for a "communication facility" on Lot 63 would not impair the future development or preservation of the entire PUD (See below photos). In addition, the West Bank development is currently almost if not all developed at this point. As such, the consent of the West Bank Ranch HOA to allow for "communication facility" development on Lot 63 and allow it as a use within the covenants indicates that the HOA views this change as being consistent with the efficient development and preservation of the entire PUD. Further, although the land across the street is the Iron Bridge PUD golf course and residential development, the topography of the land visually separates Lot 63 from the residential development within the Iron Bridge PUD (See below photos). To this end, Staff finds the proposal to amend the PUD text is consistent with the efficient development and preservation of the entire PUD and the modification does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. As a result, this criterion is met. 3 View of Lot 63 looking north on County Road 109 View of Lot 63 looking southeast View from Lot 63 looking across County Road 109 (3) If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the Board of County Commissioners, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. Staff Response Staff understands that this PUD does not include any time-share or fractional ownership units. This criterion does not apply. IV. STAFF RECOMMENDATION & SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS Staff recommends the Planning Commission recommend approval of the proposed amendment to the text of the Residential/Multi-Family, Fourplex District (R/M,F,4) zone district within the West Bank Ranch Filing 4 PUD to the Board of County Commissioners with the following alterations: • That the text be changed to allow a "Communication Facility" as a Uses, by right within the R/M,F,4 zone district of the West Bank Ranch Filing 4 PUD. Staff suggests that the Planning Commission make the following findings: 1. That the meeting before the County Planning Commission and the public hearing 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; 2. The proposed modification, removal or release of the provisions of the Plan by the County does not affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; 3. The PUD text is consistent with the efficient development and preservation of the 4 entire PUD [and the modification] does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person; 4. That the proposed PUD Amendment 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; 5. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended, specifically Sections 4.12.03. 5 Craig Richardson From: Alissa B. Gerum[abgerum@ci.glenwood-springs.co.usj Sent: Monday, May 21, 2007 8:52 AM To: Craig Richardson Subject: Comment on Westbank Ranch PUD amendment Craig - Following is our comment on the Westbank Ranch PUD application: The telecommunication facility needs to comply with the FAR PART 77 restrictions to ensure maintenance of the airspace around the Glenwood Springs Municipal Airport. The applicant should submit form 7460-1, notice of proposed construction at airports, to the FM and provide a copy of FAA form 7640-9, determination of no hazard, prior to beginning construction of the facility. A'Lissa Gerum City Planner City ofGlenwoocl Springs 101 W. 8th Street Glenwood Springs. CO 81601 abgerum@ci.glenwood-springs.co.us phone - (970) 384-6405 fax - (970) 945-8582 6/5/2007 • Jun. 14. 2007 10:38AM FIRE • EMS • RESCUE June 1, 2007 Chris Stryker Stryker Site Services P.O. Box 1558 Denver, CO 80201 RE: Westbank Ranch Telecommunications Facility Dear Chris, No. 0967 P. 2 I appreciate the opportunity to review and discuss the proposed telecommunications facility off County Road 109 at the south end of Westbank Ranch. I see no fire protections issues with the facility. It is my understanding that there has been some concern expressed regarding the proximity of electrical equipment to the existing natural gas facility. Again, I don't foresee any problems in that regard. Any electrical equipment will be required to be installed in accordance with the National Electrical Code (NEC) adopted by the State of Colorado. Please contact me if you have any questions or if I may be of any assistance. Sincerely gat-- Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 David Pesnichak From: ccstryker2@aol.com Sent: Thursday, July 05, 2007 8:27 AM To: David Pesnichak Subject: Re: West Bank Ranch PUD Filing 4 Text Amendment Page 1 of 2 The HOA has voted and approved the requested changes. The recording of the revised covenants will take place after the approval of the PUD text Amendment with the County. Please call with questions. Thank you, Chris C. Stryker (303) 434-9873 Original Message From: David Pesnichak <dpesnichak@garfield-county.com> To: ccstryker2@aol.com Sent: Thu, 5 Jul 2007 7:46 am Subject: RE: West Bank Ranch PUD Filing 4 Text Amendment Hi Chris, I understand from our past conversations that these changes have been made to the covenants within West Bank. Am I correct that these changes have been voted on and implemented? Thanks again, Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@.garfield-county.com www.garfield-county.com From: ccstryker20aol.com [mailto:ccstryker2@aol.com] Sent: Thursday, July 05, 2007 7:33 AM To: David Pesnichak Cc: CCStryker2@aol.com Subject: Re: West Bank Ranch PUD Filing 4 Text Amendment David, 7/5/2007 WRITTEN BALLOT RE: AMENDMENT OF DECLARATION OF COVENANTS TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A CELLULAR TRANSMISSION TOWER ON LOT 63 "a.k.a. "Kinder Morgan Lot"). WESTBANK MESA HOMEOWNERS' ASSOCIATION, INC. The Board of Directors of the Westbank Mesa Homeowners' Association, Inc. (the "Association") wishes that the owners of Lots within the Association agree to amend the Declaration of Protective Covenants for Westbank Mesa P.U.D. Filing No. 4 (as amended) ("Covenants") by adding language to Articles VI.B, VI.J, and IV.B, and by adding a section D. to Article 1V, all as detailed below. The purposes of these additions are (1) to allow for the construction and operation of a cellular transmission tower within the subdivision on Lot 63 (a.k.a. the "Kinder Morgan Lot"), and (2) to specifically ensure that the restrictions and requirements of the Westbank Mesa Architectural Control Guidelines and Standards apply to any and all additions, alterations, or enlargements to the cellular transmission tower to be built. 1 , owner of Lot(s) , and at Westbank Mesa, hereby submit my vote in writing on the above -referenced amendment to the Covenants (described in detail below) as follows: YES NO Signature Date We are conducting this vote by mail only. In order for your vote to count, please return this ballot, no later than November 15, 2006 using the envelope provided, to: West Bank Mesa Homeowners Association, 199 Dolores Circle, Glenwood Springs, CO 81601 or return it directly to Margaret Agnello at 942 Huebinger Drive. An Affirmative vote herein will be a vote to amend the language of Articles VLB, VLJ, and IVB, of the Covenants to include the additional language as follows on the next page, and for a Section "D" to be added to Article IV. as follows (additional language indicated by underlining). Article VI. B. BUSINESS COMMERCIAL OR TRADE USES. No lands in the Subdivision shall ever be occupied or used for any commercial, business or trade purposes and nothing shall be done on any of said lands which is a nuisance or might become a nuisance to the owner or owners of said lands, which the exception, however, that the use of a portion of the lands for sale of lots by the Declarant shall be permitted. Use of a residence for a business purposes shall be authorized provided such use is non -observable from other lots, does not generate any vehicular traffic or noise and does not alter the premises in any fashion. The construction and operation of a cellular transmission tower on Lot 63 shall not constitute a business, commercial or trade use subject to regulation under this provision of the Declaration so long as that tower is used for only one entity's transmissions and communication services. However, if the owner/operator of such tower should ever lease, rent or allow more than one entity to use the tower or its related transmission facilities for profit or gain, or if any lessee, renter, or user of such tower should ever enter into any agreement with any other entity to sub -lease or otherwise allow the other entity to also use the tower its or related transmission facilities for profit or gain, such use would then be considered a prohibited business activity under the meaning of these Covenants, unless the Board in its discretion were to allow the same under whatever conditions it should determine, in its sole discretion. J. TOWERS AND ANTENNAS. No towers or radio and television antennas shall be erected or permitted to remain on any residential lot within the Subdivision, except that normal radio and television antennas attached to a dwelling house may project up to six (6) feet above the highest point of the roof of the structure. Satellite dishes shall be permitted as approved by the Board. This prohibition shall not apply to Lot 63. Article IV. B. METHOD OF APPROVAL. The Board shall approve or disapprove the plans and specifications in writing within thirty (30 days from the receipt thereof One (1) set of said plans and specifications, with the approval or disapproval, shall be retained by the Board for a period of three (3) years. In the event no action is taken to approve or disapprove such plans and specifications within said thirty (30) day period, the provision requiring approval of said plans and specifications shall be deemed to have been waived. The preceding 30 day period shall not apply in the case of applications for the construction, addition to, enlargement or, or alteration of any commercial structures, including but not limited to any cellular transmissions tower or similar communications device located on Lot 63. D. NO WAIVER OF AUTHORITY. The Board's authority to approve additions to, enlargements of, and alterations to any structure before such additions, enlargements or alterations are undertaken shall extend to any and all structures built within the subdivision, including to any tower or other commercial structure of any kind that may be built upon Lot 63. No Agreement between the Board and the owner of any Lot to suspend the requirements of this Article for any one specific project, or series of projects (e.g., for initial construction), shall constitute a waiver of the Board's authority to approve or disprove subsequent additions, enlargements, or alterations of any structures(s) or on any lots in the subdivision. �P �� ��awl o no. « lu 'MOI E 111111111111®t Yi llitHI!!ll y E d$ $q p F 8 N 0 I.-) p 1 DRAWING SYMBOL LEGEND ©_ SEMEN CUT .O. arramoR ELEMIC2 FLAG ' COMM ELEVATION FLAG ACTh , • ® V sprint N p NE XTEL West Corp. 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