The URL can be used to link to this page

Home My WebLink About2.0 DD Staff Report 02.07.2020Director's Decision Gambell & McCarthy Telecommunication Amendment Minor Modification (File SUAA-10-19-8757) February 7, 2020 Exhibit # 1 Exhibit Description Staff Report 2 3 Application Garfield County Land Use and Development Code of 2013, as amended Garfield County Comprehensive Plan b a EXHIBIT Director Determination — Minor Amendment File No. SUAA-10-19-8757 PW PROJECT INFORMATION AND STAFF COMMENTS REQUEST Amendment to an Administrative Land Use Change Permit for Verizon Wireless PROPERTY OWNER Sarah Gambell and Mark McCarthy REPRESENTATIVE Cameron Colgan ASSESSOR'S PARCEL # 2123-351-00-120 LOCATION 319 County Road 138, New Castle, CO 81647 EXISTING ZONING Rural I. DESCRIPTION OF THE PROPOSAL Powder River Development Services LLC, representing Verizon Wireless is seeking to modify an existing Special Use Permit issued to US West New Vector Group for an existing telecommunication facility. The applicant has indicated that the proposal would remove 6 antennas, 3 RRHs and 1 OVP box with cables and add 6 new antennas, 6 new radios, 6 diplexers, and 1 new OVP box with cables. The applicant has indicated that the proposal will not increase the height of the tower and will not change the footprint of the facility. Previously, the Special Use Permit was modified in 2013, when two omni -whip antennas were added to the existing tower. The original Resolution includes Condition #8, which requires, "Any and all expansion or modification of the facility will require an amendment to the SUP." Because of this restrictive condition, the applicant has submitted the request for the Amendment. 1 Proposed & Existing Tower Elevation NOTE: NOTE: T Ek ELE, aT'M1 I' F:.+ ='HE. +71: - --:-E •i,L1 TE I' :T:,11kV EI 1, •.ITe .� C.:\ IT- 1i I` 1H3 1b •. '.T NATE T. ••1T,.0 HFI HT=. L. 1F•.• + Al,'I::.1H . LJ•T.. v,1 r1 •.. .1 i •&11..-. T ./r4Y. T1. .5 - a: T:.1.,E-. ELE:,TIG4 I, F..="HEu.T1-' -.E =,.LT TE' .I • '11111 L: ,1 W.....: I H - Ill I4• Ie 114 ra_T v 7 I WIT,: T: v,TFI'.e NEI HTS.. ‘,T,: .+ +]I•�: TI' Al, E•I T ••1 •• YE`. . 1. i; . E jIFj T- 11 E'I•A. U HF:4( - . fTf t r,-1 I•I 11'• IJ41Fd1 eTE E L E.I..II-. ••.TE -• : � E -I. T F •C.'. •E Til F • FE NM — F EPL /J IL IE_ El P • X. .IRI• • LC 1 EI.. T E'i• L t:1 n - LE . 1.1 - T E E" E. • ER•E E iT 4940/ 0114/ H NR61TT 6I OCRIZON -4 ` IM E- 51 4E SFEE15 C-� �7 E-7 F>H OFT.4S ! E.. TI LE 1 —{Q PROPOSED L1.24 1.119111114ESTO MEHDU T VEAIZON llOks 1NtH1L- Of Po 25 4 1 I EXISTING TOWER ELEVATION PROPOSED TOWER ELEVATION _+LE 1', FEET __.LE -LEI FELT II. BACKGROUND — AUTHORITY — APPLICABLE REGULATIONS The Telecommunication Facility was approved via Resolution 93-109 and amended in 2013. Section 4-106 of the Garfield County Land Use and Development Code sets forth the process for requesting an amendment to an existing Land Use Change 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 made a formal determination that the Application meets the Minor Modification criteria. III. REVIEW CRITERIA — STAFF ANALYSIS The Minor Modification criteria from Section 4-106(C) are shown below with Staff analysis shown in italics. 2 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 applicant has indicated that the Amendment continues to meet all requirements of the Code. 2. Do not conflict with the Comprehensive Plan; The Amendment does not conflict with the County's adopted Comprehensive Plan. 3. Do not change the character of the development; The Amendment does not change the character of the development. The height of the facility will not change and the footprint will not increase. 4. Do not alter the basic relationship of the development to adjacent property; The Amendment does not change the basic relationship of the development to adjacent properties. 5. Do not change the uses permitted; The Amendment does not change the uses currently permitted. 6. Do not require amendment or abandonment of any easements or rights-of-way; The Amendment does not require abandonment of any easements or rights of way. 7. Do not increase the density; The Amendment does not increase the density of the project. 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 The Amendment does not increase the zone district dimensions to an amount exceeding the maximum dimensions in the Rural Zone District. 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; c. Any zone district dimensions in Table 3-201. The Amendment does not decrease any of the previous items to an amount below the minimum required in the Rural zone district. 3 IV. ADDITIONAL STAFF ANALYSIS Staff has reviewed these proposed changes in light of the conditions of approval associated with the original SUP and the amended permit and finds that, so long as the colors of the new equipment is consistent with the prescribed earth -tone colors, staff does not believe this proposed amendment constitutes a substantial change to the approved Special Use Permit. The proposal is almost a like for like substitution, with no change to the footprint or height of the structure. 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 an application a Minor Modification the Director may approve, approve with conditions or deny the amendment and provide written notice to the Applicant. To this end, staff recommends approval of the Minor Modification with the following conditions. 1. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. All previous conditions of approval contained in Resolution 93-109 and the Director's Decision Letter dated February 1, 2013, shall remain in full force and effect. 3. The Applicant shall maintain compliance with all standards as required by the Land Use and Development Code of 2013 and previous approvals. 4