HomeMy WebLinkAboutbocc.packet.07092014 - American Tower ElamMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — June 11, 2014
THRU: Cindy Houben, Community Development Director
FROM: Lance C
RE:
e, Assistant Director
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 Shadow, ATC
LOCATION/ZONING/LOT SIZE: Raceway Drive/ RS-20/ 100 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 0--
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 County 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 2 of 6
000002
D. The proposed development tnust not substantially injure 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 systents, 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: N/A. 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 yard 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 Pitkin 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 for 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 yard 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 employment 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 any 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 and/or 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 5 of 6
(4) Output power levels from the tower and/or all associated antennae shall not exceed the current
federally approved levels for the tower as a whole for exposure to electromagnetic radiation.
Staff Response: The Applicant will comply.
(5) Radio, television, or other electromagnetic transmission(s) 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: N/A
(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 pay the reasonable costs of a third -party
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 roust 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:
1. 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
6. 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.
b. Name. address and telephone number of a local contact person for emergencies.
c. 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.
8. The tower is limited to 80' in total height.
9. 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: BOARD OF COUNTY COMMISSIOERS,
PITKIN
COUNTY, COLORADO
Jeanette Jones,
Deputy Clerk
Robert A. loner, Jr.,
Chair
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
Case #P033-14
PID#: 264316102010
any Houben,
Community Development Director
0,,AKQE0,1(
000009
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: ElamNagneur 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 Project/Development
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 Zink 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 request application):
Sec. 2-30-30(h): Special Review Criteria
v „ 00(1011
Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970-485-2996
{
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
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 IA
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.
000012
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, mksharlow1@gmaii.com
000013
Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970-485-2996
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5/5/2014 Pitkin County Mail - RE; American Tamer Corporation WoodyCreek/Elam Special Retiewfor a Cellular Facility
RE: American Tower Corporation Woody Creek/Elam Special Review for a
Cellular Facility
W-C Caucus <caucus81656@gmaii.com>
To: Lance.clarke@pitkincounty.com
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
Mon, May 5, 2014 at 9:46 AM
000019.
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