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HomeMy WebLinkAbout2.0 Staff Report Director's Decision 07.09.15TYPE OF REVIEW: PROPOSAL: APPLICANT/OWNER: REPRESENTATIVE: PROPERTY: ZON!NG: Director's Decision 7 19 I L5 PUD Amendment PDAA-8355 GH PROJECT INFORMATION AND STAFF COMMENTS Minor Modification to the Colorado Mountain College Planned Unit Development Addition of Telecommunication Tower as a Permitted Use Colorado Mountain Junior College District (CMC) Julie Hansen, Beattie, Chadwick and Haupt, LLP Peter Waller, Facilities Director CMC Spring Valley Campus, located approximately 4 miles off of Highway 82 on County Road 114. Physical address is 3000 County Road 114. Planned Unit Development (PUD) BACKGROUND . DESCRIPTION OF PROPOSAL Colorado Mountain College is proposing an amendment to the PUD Guideline for the CMC PUD to add Telecommunication Tower as a permitted use. The original PUD zoning was put in place prior to the use of cellular phones and similar telecommunication devices. The amendment would allow the installation of a tower up to 70 ft. in height. Any additional towers would require review by the County. The allowance for the tower will significantly improve communication on campus and in the surrounding area for a variety of purposes including education, personal communication, public cellular phone use, and access to 911 emergency services. The Application proposes that the following text be included in the PUD Guideline: PROPOSED SIVIEI{EMENTS TO P.U D PI-AN Apsiaaffprpgmas to rcdxPage 2 of the P,U,D. to addth foltowiag laagrage, Pmnined Usr" Thc cmsflctiof, rnd installrtion of orc (t) teletomnrunictbon to$er- not lo ex*rd seru$' {?0} fEfl *all be Fauitud by right with ud m fi.ntk rutict*' b}' ffield Couoty" Aay addibwal tclemuicatiso towers uithia the P-U-D" shrll EquirE rwion- by Guficld Coumtr'. The current PUD Guideline lists the Proposed Uses in the PUD to include Educational Facilities, Student Apartments and Common Open Space. An excerpt from the Guideline is attached to this Staff Repoft. Staff review and Pre-Application conferences have confirmed the need for an amendment to the PUD Text as Telecommunication Tower is not listed currently as a permitted use. The Applicant's proposed language would be added as a new section on page two under proposed uses. The Application includes details on the tower that is currently proposed and provides an example of what could be a permitted subject to the proposed amendment. The currently proposed tower is a 56 ft. tall free standing monopole tower described as a "Lite- Site Quick Deploy Cell Site". lt will be located within an approximately 50 ft. by 50 ft. lease area and will have electrical power and minor support facilities such as communication cables and an equipment shed or cabinet. The current tower proposal obtained Planning Commission Location and Extent Approvals at a public hearing held on July 8th. II. AUTHORITY - CRITERIA This request is being considered in accordance with Garfield County Land Use and Development Code, Section 6-203 PUD Zoning Amendment. Subsequent to the Pre- Application meeting the Director of the Community Development Depafiment made the determination that the request is a Minor Modification to the PUD. Said determination was formalized in the Pre-Application summary a copy of which was included in the Application submittal. The Application has been processed in accordance with Section 6-203(B)(a) including submittal of an application, completeness review, scheduling of the date for the Director's Decision on the request, and public notice. The Review Criteria is contained in Section 6-203(C) and fufther detailed in the Staff Analysis section of this Staff Repoft. III. STAFF REVIEW AND ANALYSIS 1. Public notice required for the Minor Modification to the PUD including mailing to property owners within the PUD and any mineral rights owners within the PUD has been completed with documentation provided by the Applicant. The Applicant has also conducted a neighborhood information meeting. No public comments have been received at this time. 2. Section 6-203(C) Review Criteria including Comprehensive Plan Excerpts are addressed in the following sections. The criteria and Comprehensive Plan Excerpts are shown in italics and staff analysis shown in bold. Section 6-203(C)(1). Conform to the Comprehensive Plan The Planning Commission at a pubtic hearing hetd on Juty 8th made a determination that a Location and Extent request for a telecommunication tower to be located on the CMC Spring Valley campus was in conformance with the Comprehensive Plan. Additional information on the Comprehensive Plan compliance is noted below including an excerpt from the Future Land Use Map. The Garfield County Comprehensive Plan 2030 designates the site as Village Center. lt also is included in a Water and Sewer Service Area. Chapter 2 Future Land lJse - Growth in Designated Centers - Village Centers Vitlage Centers are areas where there is a concentration of residential development and commerciat development that is intended primarily for the convenience needs of surrounding residential devetopment. This mix of uses may include educational, institutional and civic uses. The addition of a tetecommunication tower as a permitted use and the improvement to cellular telecommunication is consistent with the designation as a Village Center. ln the case of CMC the uses are primarily educational and institutional, including student housing and services. lmproved emergency response and access to 911 services is also consistent with the Village Center i 'l ; ,'] 1$ ;.+ Designation and an improvement benefitting the health, safety and welfare of the residents of the County. Chapter 3 lJrban Growth Areas and lntergovernmental Coordination lssue No. 5: The County is not well set up to provide urban seruices organizationally or fiscatly. Therefore, another entity is required to provide seruices if and where urban types of development occur in the unincorporated areas - either a municipality, a special district or metropolitan seruice district. The Minor PUD Modification will allow CMC to move forward independently to provide the upgraded service which will also be available to the general public (see propagation map in the submittals) Chapter 3 Section 4 - Economics, Employment and Tourism Vision: The County has encouraged economic opportunity and diversity to develop in strategic locations by designating a variety of areas as employment and commerce centers....The County has played a key role in providing traditionaland communication infrastructure to specific commerce centers. Modern communication infrastructure needs include cellular telephone and telecommunication service that was not in existence when the College was originally formed. The CMC Campus is an important component of Garfield County's economy and economic development. The Minor PUD Modification is appropriate to fit the current needs of the college and changes in communication technology. Chapter 3 Section I - Natural Resources /ssue No.l: Tourism is an integral component of the economy of Gartied County. Therefore, it is important for economic development to respect the natural environment that brings residents and visitors to the county The proposed tower information provided in the Application including a summary provided by the Applicant's consultant, Comnet LLC reflects a design that tessens visibitity and impacts on scenic views. The current Location and Extent Approval witl limit the tower to a location within the PUD already devetoped with infrastructure improvements (water tank & power lines). The PUD Guideline should require compliance with the Applicant's representations and Location and Extent approval. Section 6-203(C)(2| /s consistent with the efficient development and the preseruation of the character of the development; The proposed Minor PUD Modification will enhance the overall development and will be consistent with the visual character of the PUD provided the 70 ft. height limit is adhered to and consistency with representations in the Application is ensured. View of Proposed Tower Location Section 6-203(C)(3). Do not increase the density The proposed Minor PUD Modification will not change the density of the development. Section 6-2Og(C)(4). Do not decrease the amount of dedicated Open Space The proposed Minor PUD Modification will not effectively change the amount of dedicated Open Space provided it maintains a smallfootprint such as the 50 ft. by 50 ft. leased area similar to as proposed for the current tower. Section 6-2Og(C)(5). Do not affect, in a substantiatly aduers_e manner, either the enjoyment of in6'hnd abutting upon or across the road from the PUD or the public interest; The proposed Minor PUD Modification subject to compliance with the Applicant's representations and Location and Extent approvals should enhance the enjoyment of adjoining properties through the provision of upgraded cellular phone service while minimizing visual impacts. section 6-209(c)(6). Do not change the use category of the PUD between residential, commercial, or industrial uses The proposed Minor PUD Modification will not change the use category and the primary-use within the PUD shall remain an educational facility. Section 6-2OS(C)(7). Witt not be granted sotety to confer a special benefit upon any person The proposed Minor PUD Modification addresses overall needs of the PUD and the primary use of educational facility. No special benefit to an individual person would be granted. Section 6-203(CXB). Shatl not affect the rights of the residents, occupants, and owners of the PUD to maintain and enforce those provisions at law or in equity. The proposed PUD Modification is being considered in accordance with the Land Use and Development Code. Other than the addition of a permitted use, the rights of owners, residents, or occupants within the PUD remain unchanged. IV. SUGGESTED FINDINGS FOR APPROVAL The following are suggested findings for approval of the Minor Modification to the CMC PUD. That proper public notice was provided as required for the Director's Decision. That consideration by the Director was extensive and complete, that all peftinent facts, matters and issues were submitted or could be submitted and that all interested parties were provided the opportunity to have input on the request. That for the above stated and other reasons, approval of the Minor PUD Modification request by the Colorado Mountain Junior College District is in the best interest of the health, safety, and welfare of the citizens of Garfield County' That the Minor PUD Modification has been determined to be in general conformance with the Comprehensive Plan 2030, as amended' 5. That subject to compliance with conditions of approval the Minor PUD Modification is in conformance with the Review Criteria contained in Section 6- 203(C), Review Criteria of the Garfield County Land Use and Development Code, as amended. V. RECOMMENDATION Staff supports an approval by the Director of the Community Development Depaftment subject to the above findings and the following conditions of approval. 1. That all representations made by the Applicant in the Application shall be conditions of approval unless specifically altered by the conditions of approval contained herein. 2. That the Applicant's proposed PUD Text shall be modified to include provisions related to compliance with all applicable regulations governing this type of use, Location and Extent Review, and tower designs that Iessen visual impacts. The Text shall be amended to read as follows subject to final review and approval by the County Attorney's Office. Permitted lJse. The construction and installation of one (1) telecommunication tower, not to exceed seventy (70) feet, shall be permitted by right with no further review by Gafield County, subiect to the following standards: A. That the Facility shatt be operated in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility including any FCC and FAA regulations. B. That the location of the facility shall be subject to County Planning Commission Location and Extent Approval and any representations contained in said aPPlication. 1. 2. 3. 4. 3. That the original CMC PUD Guideline and Amended PUD Guideline shall be recorded with the Garfield County Clerk and Recorders Office. I I ' B U. D. APPLIC,ATION COI.OMDO MOI,JI{TAIN @LLEGE SPRING VALTEY The foltornlug narrative and supporting documents are' in accordance : . - with the Planned uait Devetopment Amendmenf to the Garfield county :" Zoning Resolution dated November ll, lgl4, The p,roposed P. U, D. is iu conformity with the Gouut5r's general plan. Ouaerehip - All the pr-operty itrcluded in the proposed P. U. D. is solely owned or ln the process of cmnership by the Colorado Motmtain Junior Cotlege pistrict rryith the exceptiou of a five (5) acre tract ouoed by Ihvid and James Watts who purchased the propeffy, built and operate a s.htdeBt apartment complex. Thewatts.Brothers have given ttre col.lege written consent for this P. U..D. application. 4an - The planning cotrcepts supporf,ipg the request are for the pqrpose .. of allowing the coltege to.develop in accbrdance with our lvlaster Phn which was completed september, 1972 W a firm called "Itrter Plan" and receEt rerlsions to this plan by the architectural.finn of @udtll Associates. There are .,922 acres to be included in the proposed p. U. D, Tte prineipal use or this property is to support a two year community college. The hrildings Bor1, on the property and those to be built would be: class. troom8r laboratoties, teachingand'admfolstrative offices; student recreation, social and houslng; learning ceuter and ancillary hrildingu for coltege maiutenauce fuelung ulE - Tte term drpeltrng units in tirie application is intended to mean ehrdent apartmentd. The college bd prevlotrsly sold five (S) acreg to a prirrate commerctal devetoper who hrilt and reuts apaftment6 to our studenfs. fr i6 the iffatlmi of tbe coltege to conthrp thls prac6ce.'. Tte \l l.' ) ) :.. .l .t :i . preseat apadment complex caued thg pinou Arps is composed bf nro apartment buildings and a supportfug recreatioa centei, It bae forty- . . lour (44) one bedroom unfts and tweaty-niue (Z9l Lwobedroom apartments rvith a totar shrdent capacrty. of one hundred ninety-six (Ig6) students, .. Onr ptanning projects a heed for apartments to horse an qdditional ooe , hundred-twenty (r20) shrdents fur the 7g75-T6academlc ye,f, another "5 hundred-twenty (120) students by rgg0.gr, and an additional one ' hundred-forty-seren (r47) ior qrr maximum capacify durihg the year . .2000. This wiII give us 'tugeil housin! &r sg3 students dnd wiu .equire , co*struction of rg3 niw apartrngtrt uuits- orr sfudent horrsing is pro- jected on housing one;third of our fufl time Btudentq on campu' . i) commoa open $paci - Ttre twenty-five per qent r-ntolmum will be greatry exceeded. Proposed Uses - orr request, allartments qrned aud managed by private euterprlse. I-Eilities - The preseut utilities are tro*' in exirsleoce and iri use: . of which hiyo ere being used to sdrve pur preseat operaUon. A . 6001000 gallon storage tank, bowter pumps, chrorination equip-' ment as well as a 251000. eif* hck-up storage tank tg - The system is comprised of g" tnruk mains fiuhg tnto . 'tlvo sewege lagoooe. Tte:primary rag.oou has gqragm equ$meut I I I I t. ! ! I I i\ -2; I ,: I gU ' ft^*:-^- tu^- ^--. Gommon Qlea Space , .,W , g4 .', _: :tr22_' , 100 i . .ti Iuterual Cirqrlitioa Systems - See lvhp # Three . ' Acreg