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HomeMy WebLinkAboutBOCC.packet 06112014 - American Tower Corp ElamMEMORANDUM TO: Board of County Commissioners Regular Meeting — June 11, 2014 THRU: Cindy Hoube�nJ, Community Development Director FROM: Lance Ce; Assistant Director RE: American Tower Corporation Special Review for a Cellular Telephone Facility (Wireless Communication Facility) at Elam Gravel Pit SUMMARY: The Applicant is requesting a Special Review and Cell Tower approval to locate a new 80' wireless communications tower with accompanying equipment sheds on Elam Gravel Pit property adjacent to the truck storage lot and the seasonal RV employee camp area. OWNER: Elam Construction APPLICANT: American Tower Corporation (ATC) REPRESENTATIVE: Mike Sharlow, ATC LOCATIONIZONINGILOT SIZE: Raceway Drivel RS- 201100 acres. REFERRAL COMMENTS: The application was referred to the Woody Creek Caucus. The Caucus Planning Commission responded and had no objection to the application. EXISTING CONDITIONS: The subject property immediate area contains the Woody Creek Subdivision water tank, the Elam employee RV "camp ", and the Elam truck storage area. BACKGROUND: This application was filed in April, prior to the adoption of the new comprehensive "Wireless Communications Facilities" Land Use Code Amendments, The Applicant was aware of the Code amendment process, and participated in that process. The proposed tower(s) is taller than allowed by the previous Code but the height could be permitted under the "new" Code. The Applicant responded to the "old" Code criteria, but is comfortable being reviewed under all the "new" criteria in order to have the greater height given consideration. Note: This memo had to be written prior to the location on the site of the "demonstration" tower. Staff has not observed the representation. SPECIFIC PROPOSAL: The Applicant has proposed a potential three - carrier communications facility on the site. This would require one 80' tower. Each carrier would have an accompanying equipment shelter that would be approximately 10' high. ATC would lease a 100'x100' site from Elam and would have an 80'x80' fenced enclosure for the tower and equipment sheds. According to the Applicant, AT &T Wireless and Sprint both plan on locating at this facility when it is available. Puge 1 of 6 000001 Of I� STAFF COMMENTS: Wireless Communications Facilities are subject to Special Review Criteria as well as Use Specific Regulations. SPECIAL REVIEW CRITERIA: Section 2-30-30(h): A Wireless Communications Facility is considered a Special Review Use within the RS -20 zone district and is subject to the compliance with the following criteria: A. The special review use shall be consistent with the applicable County Master Plan. Response: The applicable master plan would be the Woody Creek Master Plan. This plan does not address communications uses. The plan does state that there should be no new "Industrial or Commercial Special Review" permits issued without specific approval by the Woody Creek District Planning Commission after formal recommendation and comment by the Woody Creek Caucus. Wireless Communication Facilities are not listed under "Commercial & Industrial Uses" in the Land Use Code. They are listed under "Other Principal Uses ". The Caucus Planning Commission has expressed "no objection" to the application. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the Countv Land Use Policies in Chapter 1. Response: The proposed development is consistent with applicable Sections of the Code. Sec. 1 -60 -360 of the Code Policies relates to Telecommunications. It states: The County encourages adequate, minimal impact regional and community telecommunications facilities to serve the needs of governments, emergency services, businesses, and citizens of Pitkin County. 1. Where a telecommunications system utilizes a network of facilities, a comprehensive approach should be taken for evaluating potential sites in Pitkin County with a view to minimizing the number of sites required and any adverse impact. 2. When feasible and not otherwise detrimental, multiple telecommunications facilities should be consolidated onto common towers, and /or located adjacent to, on or incorporated into existing or proposed buildings or other structures, Response: The Applicant, American Tower Corporation, has been reviewing the wireless communication needs and opportunities in the County comprehensively. They have determined that this proposed site can enhance cell coverage in the Highway 82 corridor. The proposal provides for multiple carrier coverage. C. The proposed development must not materially endanger the public health, safety or welfare. Response: Staff has no information that would indicate that the proposed development materially endangers the public health, safety or welfare. The proposed increased service should enhance public safety. Page l of 6 000002 D. The proposed development must not substantially ii jure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development would injure the value of adjacent properties E. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Response: The stated intent of the RS -20 Zone District in Chapter 3 of the Land Use Code does not make mention of the use of cell towers, but the use is a listed Special Review use. F. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The location proposed is adjacent to the Woody Creek Subdivision water tank, the Elam truck storage yard, and the Elam RV "camp ". There are 70' tall Holy Cross transmission lines running through the area. The immediate vicinity and surrounding land uses are not natural landscape. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air /water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The primary off - site effects are the visual aspects from across the valley and from Highway 82. The proposed tower cannot be hidden from this perspective. There are other significant visual incursions on this bench; the water tank, the Holy Cross transmission lines, the Elam structures and mining, the Raceway structures. The Applicant is proposing a single galvanized monopole. Even in this prominent and somewhat bare location there may be camouflaging that the Applicant can propose to mitigate visual effects. H. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The location currently provides adequate services to support the use. USE SPECIFIC STANDARDS FOR A WIRELESS COMMUNICATION FACILITY: Section 4- 30- 40(e): the following standards shall be reviewed for compliance: (1) Principal Use of the Land A cellular telephone facility is a principal use of land, but may be located on a legally created lot or parcel without the need to include any additional acreage for the second principal use. Staff Response: A Wireless Communication Facility is a principal use of land and other principal uses may be and are located on the subject property (2) Building - Mounted Antennae and Towers Page 3 of 6 000003 Building-mounted antennae and towers are an accessory use of the land permitted pursuant to Sec. 4-10 - 10(e). Staff Response: NIA. Not building mounted. (3) Freestanding Towers A freestanding tower shall not be located within two hundred (200) feet of an existing residence or school except with consent of owner. In the case of a location adjacent to an existing developable residential parcel, a tower shall be located at least 200' from any potential residential development, which shall be determined as the required vard setback on a vacant parcel that is adjacent plus the distance necessary on the tower parcel to affect a 200 ' separation. Staff Response: The proposed tower and sheds will comply with the 200' setback from a residence or school. The Elam RV "camp" is within 200', but Elam has consented to the location. It is unclear whether the seasonal RV "camp" should be considered a "residence- in this context anyway. There is a vacant 60 acre parcel under different ownership adjacent to the proposed tower location. It is unlikely there would be any future residential development proximate to the proposed tower location because of the other adjacent uses; the truck yard, the RV "camp ", the water tank, but the Code requires that a 200' setback from potential residential development be met. There would be a 50' yard setback for development on the vacant parcel. That means the tower site would have to be 150' from the property line to result in a 200' separation, unless the owner of the vacant property consents to a closer location. It appears the proposed tower is about 80' from the property line, so the Applicant would have to move the tower location or gain consent from the adjacent property owner. It might be possible to move the site more "in front" of the RV "camp ",which would be farther from the adjacent potential residential parcel and closer to the Aitkin County Rio Grande Trail parcel, which has no developability. The Board shall also consider: 1) the extent to which a tower meets unmet needs; 2) the number of carriers confirmed to be located on the tower; 3) the need for the proposed height based on these factors; 4) any screening concealment, camouflage proposed far the tower. Staff Response: The Applicant will be prepared at the meeting to show how the proposed tower location and height meet unmet needs. (4) Co- Location Required Each new tower shall be designed to accommodate one (1) additional user's equipment. Staff Response: This tower at 80' is designed for three carriers. If it were used for only two carriers it could probably be reduced to 65'. (5) Setbacks A tower shall be set back from property lines a distance equal to the height of the proposed tower or the required vard setback, whichever is greater. Page 4 of 6 000004 Staff Response: The proposed tower(s) is 80' tall. The tower site appears to be 80' from the property lines and meets required yard setbacks. (6) General Development Standards (a) Design and Neighborhood Compatibility (1) To the extent feasible, the exterior appearance of ' all towers and associated support structures and buildings shall be compatible with other buildings and /or the natural environment in the surrounding area. Staff Response: The site is semi- industrial and utility in use. The Applicant has proposed a galvanized monopole and aggregate structures and a chain link fence as being compatible with the surrounding area. The Applicant has indicated willingness to provide optional camouflaging if required. (2) Support buildings located in any residential district may not be used as an emplavment center for any, worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments. Staff Response: There will be no employees on site except for periodic maintenance. (3) No advertising sign or logo shall be permitted on any telecommunications facility. Staff Response: The Applicant understands this and there would be no advertising at this location. (4) The decision - making body may require anv other conditions to mitigate the impact of the tower on adjacent properties and uses. Staff Response: The Applicant will comply if feasible. (b) Buffering and Screening and Maintenance (1) All fences and walls shall be screened with landscaping meeting the requirements of Sec. 7-20 - 130(d) (2) (a). Staff Response: Applicant agrees to comply with conditions if required. Current fencing proposal does not include screening. It is an open chain link fence. Rather than shielding the fence with landscaping the applicant proposes "transparency" to the berm behind the facility. (2) The Board may require all towers, antennae and ancillary equipment be appropriately screened provided that such screening will not interfere with the transmission andior reception capabilities of any antennae located on the tower. Staff Response: Screening a tower in this open location is not really feasible. There may be some camouflaging options. (3) All aspects of the development shall be maintained in the condition and manner as represented and approved. Regular painting is expected and any "stealth" elements (branches, etc.) shall be replaced as necessary if there is discoloration or deterioration. Staff Response: Applicant understands and will comply. 000005 Page 5oJ6 (4) Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels far the tower as a whole for exposure to electromagnetic radiation. Staff Response: The Applicant will comply. (5) Radio, television, or other electromagnetic transmissions) or reception on other properties shall not be disturbed or diminished pursuant to FCC standards and guidelines. Staff Response: The Applicant will comply with FCC regulations. (7) Existing Towers Staff Response: NIA (8) Outside Experts and Disputes (a) Siting of wireless communications facilities may involve complex technical issues that require review and input by outside experts. Staff maY require the applicant to pav the reasonable costs of a third -partv technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision - making body. Expert selected must be qualified RF engineer...., Staff Response: The Applicant is aware of this standard. (b) If an applicant for a wireless communications facility claims that one or more standards of this section are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision- making body may require that the application be reviewed by a qualified RF engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Response: The Applicant is aware of this standard. RECOMMENDATION: Staff recommends that the Board approve the American Tower Corporation Special Review request for approval of a Wireless Communication Facility (tower and equipment sheds) on the Elam property in Woody Creek subject to the attached Resolution, which includes conditions regarding changed location and visual mitigation. Alternatively, the Board could continue this application pending presentation of alternative locations or consent from adjacent property owner to meet Code setbacks. ATTACHMENTS: Application Woody Creek Caucus comments lancet /cases /Elam cell tower BOCC memo Page 6 of 6 000006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE AMERICAN TOWER CORPORATION SPECIAL REVIEW FOR A WIRELESS COMMUNICATIONS FACILITY AT THE ELAM GRAVEL PIT IN WOODY CREEK BOCC Resolution No. -2014 RECITALS 1. American Tower Corporation ( "Applicant ") has applied to the BOCC for Special Review approval for a Wireless Communication Facility. The proposal includes construction of an 80' cell tower and up to three equipment sheds. 2. The property is located on Raceway Drive is owned by Elam construction, and is legally described in Exhibit A. 3. The BOCC heard this application at a duly noticed public hearing on June 11, 2014, at which time evidence and testimony were presented with respect to this application. 4. The BOCC finds that one 80' tower and its ancillary equipment sheds is appropriate and does not have substantial negative visual or other impacts on the surrounding area. 5. The BOCC finds that the proposal is consistent with the applicable Master Plan and the Special Review Criteria in Land Use Code Sections 2- 30- 30(h), and 4 -30 -40 (g)). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the American Tower Corporation Special Review for Wireless Communication Facility subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicants shall adhere to all material representations made in the application and public meetings. 2. This approval is for one 80' tower and up to three ancillary equipment sheds only. Additional Wireless Communication Facility development shall be subject to applicable further reviews. 3. The location of the tower shall be altered to meet the standards of Land Use Code Section 4-30 - 40(g)(3) in relation to setbacks of the tower from an adjacent vacant, developable residential parcel. Alternatively, the Applicant could obtain consent for the location from the owner of the adjacent parcel. 4. The Applicant shall submit for review of a Building Permit. At Building Permit submittal, the Applicant shall also submit proof of all necessary FCC permits /licenses. 5. The facility shall comply with the Pitkin County Noise Code. 000007 Resolution No. -2014 Page 2 The Applicant, owner and /or operator of the cellular facility shall maintain current at all times, complete contact and site information to be kept by the Community Development Director. This information shall include, but is not limited to the following: a. Identity, including name, address and telephone number including official identification numbers and FCC certification, and if different from the owner, the identity and contact information of the person or entity responsible for operating the facility. Name. address and telephone number of a local contact person for emergencies. This contact information shall also be posted on the door of the equipment room within 60 days of this approval. 7. The tower and sheds shall look substantially similar to the representations made in the hearing and as viewed in Attachment A relative to screening and camouflaging. The facilities shall be maintained as represented. Regular painting is expected and any "stealth" elements such as branches or limbs shall be replaced as necessary if there is discoloration or deterioration. The tower is limited to 80' in total height. All equipment associated with the wireless communication facility shall be removed when the use ceases. 10. There shall be no exterior lighting associated with the tower or equipment shed. 11. Statutory vested rights for the approvals contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code and C.R.S. 24-68 -105. The Statutory vested rights granted herein shall expire on June 11, 2017. 000008 Resolution No. -2014 Page 3 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 24th DAY OF APRIL, 2014. APPROVED ON THE 11th DAY OF JUNE, 2014. ATTEST: Jeanette Jones, Deputy Clerk APPROVED AS TO FORM: John Ely, County Attorney Case 4P033 -14 P1134:264316102010 000009 BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY, COLORADO Robert A. Inner, Jr., Chair Date: APPROVED AS TO CONTENT: LCV in y Houben, Community Development Director 14 1 17' Site Development Services, LLC To: Lance Clarke — Pitkin County Planning From: Michael Sharlow Date: 03/20/2014 RE: American Tower - Woody Creek/Elam Wireless Cellular Facility PROJECT: Woody Creek/Elam Wireless Cellular Facility LOCATION: Elam/Vagneur Gravel Pit (adjacent to truck storage /trailer camp) PID #: 264316102010 OWNER: Elam Construction Inc. APPLICANT: American Tower Corporation Dear Mr. Clarke, Type of Application: Special Review for a Cellular Facility American Tower is proposing an 80' three carriers communications facility at the Elam Construction Vagneur Gravel Pit near woody Creek. The site will be located on the West side of the property directly South of the water tank, near the employee parking \ camp lot. The facility will consist of a 80'x 80' fenced equipment compound with one 80' foot steel galvanized monopole communication tower. Each co- locator would add an aggregate veneered shelter for their radios at the base of the tower. Description of ProjectlDevelopment The location and design of this facility was determined using many factors. The first reason for selecting this site is based on carrier need. American Tower has two tenants who plan on co- locating on this facility as soon as it's built; AT &T Wireless and Sprint. The second attribute for selecting this site is the industrial type use of the property and the facility's ability to blend into its surroundings. Holy Cross Energy also has high - tension transmission line running between the facility location and Hwy 82. This consists of six 70' tall transmission towers adjacent to or in the area of the facility. Because of the existing use characteristics of the property, we are proposing a tradition galvanized monopole communication tower. In addition, Elam Construction created a 8' gravel aggregate berm surrounding its parking /trailer camp area. This berm will be a backdrop to the equipment area looking at the site from Hwy 82 so we are proposing AT &T, Sprint, and one future carrier use traditional aggregate shelters and standard chain link fencing around the facility for transparency with the berm to the North /East. The following is a response to the applicable sections of the Pitkin County Land Use Code: Land Use Code sections to be addressed In letter of reguestIppplicationZ Sec. 2- 30- 30(h): Special Review Criteria ®v N 1 1 Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970 -485 -2996 W � - - Site Development Services, LLC (a) Special Review Uses —The proposed communication facility being sited at an existing gravel quarry is consistent with the intent County Master Plan. (b) This special review request does not conflict with any applicable sections of the Pitkin County Land Use Code. (c) The proposed development will have no detrimental effect on the public health, safety or welfare. (d) The proposed facility will have no detrimental affect on the value of adjoining or abutting property. (e) The proposed facility is consistent with the intent of the zone district in which its being located. (f) The proposed facility is compatible with the character of the immediate vicinity and surrounding land uses. (g) The location, size and operating characteristics of the special review are in harmony with the surrounding area and design to minimize adverse impacts on its surrounds. (h) There are adequate public facilities and services for the proposed unmanned facility (limited to electrical and telephone). (i} If this Special Review Use ceases the site will be brought into compliance with the underlying zone district regulations. Sec. 430- 40(g): Cellular Telephone Facility Standards 000012 1. The facility will be located on a specifically designated 80' x 80' lease area for the sole use of a being a communication facility. 2. Building mount antenna; N I A 3. Freestanding Towers; This Non - stealth communications facility is not located with in 200' of any residential district. The height of this facility exceeds the 40' freestanding tower limit based and County goal of creating fewer sites with larger appropriately sited multi- carrier facilities. 4. This site is designed for three carriers. 5. The site is more than 200' from any residential use or use district. 6. (al) The exterior of the facility is compatible with the surrounding area. (a2) the applicant will obtain FAA approval for this facility. (a3) this will be an unmanned facility. (a4) the will be no advertising at this facility. (a5) the applicant will comply with any additional requires the decision making body requires. (b1) all fencing will comply with Sec. 7- 20- 130(d)(2)(a). (b2) The facility will adhere to any safety measures the board places on it and will equipment the facility with industry standard security and safety measures. (b3) the facility will operate with in the exposure guidelines as set by the FCC for regulated low power wireless transmission facilities. (b4) the carriers that will use this facility operate under the FCC rules for electromagnetic interference and will not cause impact on any other transmissions (radio, TV, other cellular...). Please don't hesitate to call or email with any questions or requests for additional information you have. Site Development services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970 -485 -2996 Site Development Services, LLC Regards, Mike Sharlow PO Box 741, Georgetown CO 80444 970 -485 -2996, mksharlowl@gmaii.com 0 0 0 013 Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 90211 Phone 970 - 485 -2996 r` lei Y' = ch 21343 T95 R85VY N Aft ' See Woody Creek " Plaza Area on parcel list AM CD - -' N�, Iw'1Nt IC) 1'2014 �! °N � ,Zr i' � 000011 5 QASSA L_ Ak- a 4 1 15 ■ 11 �f� f 1 { CD SITE NAME: WOODY CREEK SITE NUMMR: 281699 PROJECT DESCRIPTION: IUNOPOLE WITH EQUIPMENT SHELTER PREPARED FOR: AMERICAN TOWER AMERICAN 'TOWER CORPORATION 10 PREMENT L WAY WORSURR MA 01901 PREPARED BY: CENTERLINE SOLUTIONS Advancing Wireless Networks I II PROJECT iNFORAnATON 54TE A0DFL59' 7943 UPPER RNER RD, Wcom OREM CO 81555 LATITUDE: 39` 15' 44.055' N LPRE11M1 LONGiTUOE 106' 52' 54.609V W IFP:Evv) PAPM 10. 2"1 r 6 f 020 a 0 PARCEL 5= � ON: PRKONCWNTY rgopmSY OWNER: SIAM C0145TR,llOTION $5G STReFT 1MS AVE. GRAND JUNCTION, co 61501 9'70.390 3132 TOWER 0"rR: AIAMCM TOWER 10 PRL41DEN11A1 WAY WORIBL". MA 01801 AIC PRO.tLT MANAGEIL. 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FOwLR FC4L m' a ac ac ,•wra° SET FOR 24"A30 EP 5a CENTERLINE SOLUTIONS I Z otil yF� J u 0 ff 6y 45+ 1 5 I - 14EW CAPAfR caui�uENt s .l ll i� _ • NEW krC tnlJrY K.IRA W l DANK 4TrLCO ear �x� S k "er g rtw-c l ti Y Cd1NGFKY Ut:: rw. i 1 �ro1 4 CENTERLINE SOLUTIONS R $ C] #S i NEW iC GRAVEL IL.Y FCeus RJOAD a z 8 a �s $CJ,1L SCT MOTS 2A`cifr"0' S12G WIG" m i MURI raEVATIOu yre• -r'-P A3 mum I%W 5V FOR 24"rW •P a �,M 5/512014 Pitldn County Mail - RE: American Tower Corporation WoodyCreeWElam Special Review for a Cellular Facility RE: American Tower Corporation Woody Creek /Elam Special Review for a Cellular Facility W -C Caucus <caucus81656 @gmaii.com> Mon, May 5, 2014 at 9.46 AM To: Lance. clarke @pitkincounty.corn The Woody Creek Caucus District Planning Commission has no objection to the subject application, For the Commission, by: Janet K. Schoeberlein 7274 Upper River Rd. PO Box 423 Woody Creek, CO 81656 970 - 923 -0040, fx970- 922 -7295 0000151, https:llmail .g oog le.corrJmai ll ?ui =2 &i Ir eb414r3ac7 &mew= pt&search= i nbo>&th =145cd 1063a3670bf &si ml = 145cd1063a3670bf 111