HomeMy WebLinkAboutR20-001 Approval of Special Use Permit Verizon Wireless Edwards File No. ZS-9047-2019 4
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Commissioner CJ ' 'Dutx►leved adoption 0 0 N
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BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
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RESOLUTION NO.2020 - 00 L
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RESOLUTION FOR THE APPROVAL Uco coto fa
OF THE SPECIAL USE PERMIT
FOR VERIZON WIRELESS CO3 DT EDWARDS w Ce a CL o
Eagle County File No.ZS-9047-2019
WHEREAS, on or about June 21, 2019, the County of Eagle, State of Colorado,
accepted for filing an application submitted by Verizon Wireless, (the "Applicant") for
approval of a special use permit for the Verizon Wireless CO3 DT Edwards, located at 151
Miller Ranch Road - Rooftop of Battle Mountain High School, and legally described as Eagle
County Parcel No. 2105-043-14-001, Berry Creek/Miller Ranch PUD Tract B, 39.284 acres,
recorded at Reception No. 799649 on June 25, 2002, (the"Property"); and
WHEREAS, the special use permit application proposes to install a wireless facility
on the rooftop of Battle Mountain High School to include sixteen (16) new antennas
enclosed in a 16-foot by 16-foot screened box, two (2) new equipment cabinets on a 25-
foot by 10-foot ground space area enclosed by a wall, and power and fiber cable chases
running from the ground equipment to the rooftop antennas (the"Special Use"); and
WHEREAS, the Property is within the boundaries of the Berry Creek Miller Ranch
Planned Unit Development, which is governed by that certain Berry Creek Miller Ranch
Planned Unit Development Guide (the"PUD Guide"); and
WHEREAS, the Special Use was reviewed for compliance against the Berry Creek
Miller Ranch design guidelines and approved by the Berry Creek Miller Ranch Design
Review Committee (the"DRC") on August 7, 2019; and
WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLURs"),
Section 5-210.E - Notice of Public Hearings, notice of the proposed Special Use application
was mailed to all owners of property adjacent to the proposed Special Use and was duly
published in a newspaper of general circulation throughout the County concerning the
subject matter of the application and setting forth the dates and times of meetings for
consideration of the applications by the Eagle County Planning Commission (the "Planning
Commission") and the Board of County Commissioners of the County of Eagle (the
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"Board"),and
WHEREAS, at its public hearing held on November 6, 2019, the Planning
Commission, based upon its findings, recommended approval with conditions of the
proposed Special Use,and
WHEREAS, at its regular public hearing of December 9, 2019, the Board considered
the proposed Special Use; associated plans; the statements and concerns of the Applicant,
the Eagle County Community Development and Engineering staff, and other interested
persons; and the recommendation of the Planning Commission, and
WHEREAS, based on the evidence, testimony, exhibits, and study of the
Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use
Map (the "FLUM") for Eagle County, and the PUD Guide, as well as the comments of the
Eagle County Department of Community Development, comments of public officials and
agencies, recommendation of the Planning Commission, and comments from all interested
parties,the Board finds as follows:
1. THAT, proper publication and public notice was provided as required by the
ECLURs and state law for the hearings before the Planning Commission and the Board.
2. THAT, pursuant to the ECLURs, the Board finds that the application shall be
reviewed pursuant to ECLURs§ 5-250,Special Uses.
3. THAT,the application for Special Use for the Property complies with the standards
in ECLUR Section 5-250.B -Standards for Special Use, as set forth below:
A. Consistent with the Comprehensive Plan. Pursuant to Section 5-250.B.1, the
Special Use, as conditioned, is in substantial compliance with the policies of the
2005 Eagle County Comprehensive Plan (ECCP) and Edwards Area Community Plan
(EACP), including the goals of General Development, Economic Resources,
Infrastructure and Services and Public Facilities. Specifically, as set forth in the staff
report, the Special Use meets a preponderance of the Comprehensive and Area
Community Plan goals, policies and objectives, while adhering to the Future Land
Use Map ("FLUM") designation and prescribed uses. Thus, as conditioned, the
Special Use is in substantial conformance with applicable policies within the Eagle
County Comprehensive Plan.
B. Compatibility. Pursuant to Section 5-250.B.2, the Special Use, is compatible with
surrounding uses, other land uses, services, and infrastructure improvements. The
Special Use will not impede the normal and orderly development and improvement
of surrounding property for uses permitted in this district. The installation is
necessary for telecommunication services in the valley. Thus,the Special Use will be
generally compatible with the existing and currently permissible future uses of
adjacent land and other substantially impacted land, services, or infrastructure
improvements.
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C. Zone District Standards. Pursuant to Section 5-250.B.3, the Special Use is in
compliance with the standards of ECLURs and the PUD Guide, as approved by the
DRC on August 7, 2019. The telecommunication facility is being located on an
existing structure housing Battle Mountain High School. The footprint of the
building will not increase and all the antennas will be located behind a screening
box. Thus, the proposed Special Use does comply with the standards of the zone
district in which it is located and the standards applicable to the particular use, as
identified in ECLURs.
D. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4, the design of
the Special Use reasonably avoids adverse impacts, including visual impacts of the
Special Use on adjacent lands, including trash, traffic, service delivery, parking and
loading, odors, noise, glare, and vibration and it will not otherwise cause or create a
nuisance. The Special Use is an unstaffed facility which will be wholly contained
within the leased parcel. Negligible traffic will be generated as maintenance visits
will occur approximately once a month in a truck or van-type vehicle. The only
utilities needed for the Special Use are telephone and electricity; thus,the only noise
generated will be that at the level of a standard air conditioning unit. The Special
Use will not generate any vibrations, smoke or particulate matter, toxic or noxious
matter, odorous matter, fire or explosive hazards, glare, heat, liquid or solid waste
or radioactive materials. The Special Use will not impair an adequate supply of light
or air, nor diminish or impair property values within the neighborhood. Therefore,
no nuisances will be generated by the proposed facility.
E. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the
design of the Special Use minimizes environmental impacts and will not cause
significant deterioration of water and air resources, wildlife habitat, scenic
resources, and other natural resources. The Special use is located on top of an
existing building. The overall design of the Special Use, including the scale and the
location relative to the surrounding existing and future uses all minimize
environmental impact. Thus, the proposed Special Use will fully minimize
environmental impacts, and will not cause significant deterioration of water and air
resources,wildlife habitat,scenic,and other natural resources.
F. Impact on Public Facilities. Pursuant to Section 5-250.B.6, the Special Use will be
adequately served by public facilities and services, including roads, pedestrian
paths, potable water and wastewater facilities, parks, schools, police and fire
protection, and emergency medical services. The Special Use is located on top of an
existing building with a maintenance schedule of approximately one visit per month.
The existing building is already served by public facilities and services, which are
adequate to address the minor increase in use. Thus, the proposed Special Use will
be adequately served by public facilities and services, including roads, pedestrian
paths, potable water and wastewater facilities, parks, schools, police and fire
protection,and emergency medical services.
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G. Site Development Standards. Pursuant to Section 5-250.B.7, the Special Use is in
compliance with Article 4 Site Development Standards including off- street parking
and loading, landscaping and illumination, sign regulations, natural resources
protection, commercial and industrial performance,and improvement standards.
• Division 4-1 Off-Street Parking and Loading: Technicians will travel to the
site for routine maintenance and emergency repairs only, and will utilize the
existing paved access road and school parking lot during these site visits.
• Division 4-2 Landscaping and Illumination: No additional landscaping or
illumination is proposed or necessary.
• Division 4-3 Sign Regulations: No signs are proposed for this location other
than those required and regulated by the FCC and OSHA, which are exempt
from development standards per Section 4-310 B.2.
• Division 4-4 Natural Resource Protection: No impacts to natural resources
will occur as the Special Use is located on an existing building. Best
Management Practices will be utilized to minimize impacts to air quality
during construction. A Phase I environmental impact assessment will be
conducted prior to construction and all proposed mitigation measures will be
strictly adhered to,to minimize environmental impacts.
• Division 4-5 Commercial and Industrial Performance: The site will be
constructed and operated to meet or exceed all performance standards set
forth in Section 4-5. The only noise generated by this facility will be that of a
standard air conditioning unit..
• Division 4-6 Improvement Standards: No improvements are planned or
necessary for the Special Use. Minimal to no excavation and grading is
required for construction of the tower site. The Special Use will meet or
exceed building codes and standards set forth in Section 4-660. Industry
standard best management practices for erosion control will be used as
needed during construction.
• Division 4-7, 4-8, 4-9, 4-10 regarding impact fees and land dedication
standards, ECOBuild, and the sustainable community index were not
considered applicable and therefore were not analyzed.
Thus, the Special Use will comply with all applicable standards in the ECLURs,
Article 4,Site Development Standards.
H. Other Provisions. Pursuant to Section 5-250.B.8, no other provisions of the ECLUR
for use, layout,and general development characteristics in addition to those already
referenced and/or addressed have been found applicable to this application. Thus,
the proposed Special Use does comply with all standards required by all other
applicable provisions of the ECLURs for use, layout, and general development
characteristics.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado:
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THAT this application for a Special Use Permit is hereby approved, subject to the
following conditions, and that violation of any condition shall be the basis for revocation of
the Special Use Permit pursuant to the ECLURs:
1. Except as otherwise modified by this development permit, all material
representations made by the Applicant in this application and in public
meetings shall be adhered to and considered conditions of approval.
THAT, this Special Use Permit shall be subject to review as provided for by the
ECLURs.
THAT, the Board directs the Department of Community Development to provide a
copy of this Resolution to the Applicant.
THAT, the Board hereby finds, determines and declares that this Resolution is
necessary for the health,safety and welfare of the citizens of Eagle County.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held on the 9th day of December,
2019,nunc pro tunc to the 6th day of January, 2020.
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COUNTY OF EAGLE,STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: P,OF EAG4C'
OG
By:
Clerk to the Board Je. ne McQueeney
„y1vI Co my Commissioners Chair
/��►� , JILL
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Kathy Ch -Henry
Commissioner
Matt Sche
Commissioner
Commissioner 50)44-12.-S- seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner McQueeney Id..44
Commissioner Chandler-Henry 444
Commissioner Scherr 14-1
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