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HomeMy WebLinkAboutR22-027 Approval of SUP File No. ZS-9194-2021 664 Nelson Gulch High Speed Internet Antennas Eagle County, CO 202206411 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 Regina O'Brien 04/12/2022 Pgs: 9 02:13:12 PM REC: $0.00 DOC: $0.00 Chandler-Henry Commissioner moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022- 027 RESOLUTION FOR THE APPROVAL OF THE SPECIAL USE PERMIT FOR 664 NEILSON GULCH-HIGH SPEED INTERNET ANTENNAS Eagle County File No. ZS-9194-2021 WHEREAS, on or about October 10, 2021, the County of Eagle, State of Colorado, accepted for filing an Application submitted by Pathfinder, LLC (the "Applicant")the purpose of the Special Use Permit is to install telecommunication facilities on the rooftop of a residential home (the "Application")to allow the following: • Two (2) Point-to-Point and four (4) Point-to-Multipoint antennas and accompanying radios. • An outdoor facilities enclosure to house the uninterruptible power supply (UPS) battery backups and appropriate network facilities to operate the antennas. WHEREAS,the aforementioned activities are proposed to take place on a 1.7 acre parcel zoned Residential Suburban Low Density in the unincorporated area of Eagle County located at 664 Neilson Gulch, Eagle, Colorado, Lot 132 of the Eby Creek Mesa Subdivision,parcel number 1939-322-02-044; herein referred to as (the "Property"); and WHEREAS, lands zoned Residential Suburban Low Density ("RSL") require the review and approval of a special use permit for telecommunication facilities; and WHEREAS, this Application proposes to provide fixed wireless internet to residents in and around the Town of Eagle, specifically the neighborhood of Eby Creek Mesa (the "Special Use"); and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E - Notice of Public Hearings, notice of the Application was mailed to all owners of property adjacent to the Property 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 Application by the Eagle County Planning Commission (the "Planning Commission") and the Board of County Commissioners of the County of Eagle (the "Board"); and 1 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 • WHEREAS, at its public hearing held on February 2, 2022, the Planning Commission, based upon its findings, recommended approval with conditions of the Application to the Board; and WHEREAS, at its public hearing of March 1, 2022, the Board considered the Application; 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 2005 Eagle County Comprehensive Plan (the "ECCP") for the unincorporated areas of Eagle County, the 2018 Eagle Area Community Plan (the "EACP"), the Future Land Use Map (the "FLUM") for Eagle County contained in the EACP, 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 ECLUR and state law for the hearings before the Planning Commission and the Board. 2. THAT, the Board finds that the Application shall be reviewed pursuant to ECLUR Section 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 Application, as conditioned, is in substantial conformance with the policies of the ECCP, EACP, and adopted documents pertaining to emergency services, economic resources, natural resource protection, agricultural, or infrastructure management. The designation on the FLUM as explained in the EACP specifically promotes neighborhood uses, in which the telecommunication facility is integrated into the single-family home. As listed in the ECCP, Section 3.5 - Infrastructure and Services and Section 3.5.3 - Emergency and Community Services, Policy "m" states "Communication infrastructure should be sufficient to support all anticipated needs in Eagle County" Section 3.5.3 of the ECCP states Eagle County's commitment to "the rapid development, upgrade, improvement, and deployment of the necessary infrastructure in all key areas of communication". The Application was found to be in conformance with the policies and goals of the ECCP because the Application supports connectivity with high-speed wireless internet access and overall economic development. Staff finds the Application is consistent with this section of the ECCP. Thus, the Application, as conditioned, is in substantial conformance with applicable policies within the EACP and the Plan. 2 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 b. Compatibility. Pursuant to Section 5-250.B.2,the Application is compatible with the surrounding land uses. Permissible uses and respective permitting requirements for the zone district are listed in ECLUR Table 3-300 - Residential and Agricultural Zone Districts Use Schedule. The ECCP, EACP, and FLUM are all guiding zoning and land use documents for the area. The photo simulations provided in the Application of the telecommunications facility demonstrate there will be minimal impact to adjacent property owners. The total height of the existing home with the addition of the telecommunications facility would be 35 feet, which is the height allowed in the RSL zone district. The Applicant had stated in writing that the telecommunication facility will be painted to match the roof to reduce the possibility of glare and the possibility of visual impact to surround properties. The properties to the north, east, and south of the Property are all zoned Residential Suburban Low Density. These adjacent properties are currently residential properties or open spaces. Thus, the Application, as conditioned, will be compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. c. Zone District Standards. Pursuant to Section 5-250.B.3, the Application meets the requirements of the RSL zone district because the zone designation of this property allows for the development of telecommunication facilities through Special Use Permit review. The zone district also includes development requirements outlined in the ECLUR Table 3-340 - Schedule of Dimensional Limitations. There is an existing single-family home on this property. The telecommunications facilities will be attached to the roof. The single-family residence was permitted through a building permit in 1997 and was evaluated against dimensional limitations at the time of building permit review. The Application is not proposing changes to the dimensional limitations, nor are variances to dimensional limitations requested. d. Design Minimizes Adverse Impact. Pursuant to Section 5-250.B.4,the design of the Application reasonably avoids adverse impacts, including visual impacts of on adjacent lands, trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration and it will not otherwise cause or create a nuisance. Trash: The Application does not require additional trash services. Therefore, this standard is not applicable to the Application. Traffic and Service Delivery: The Application is not anticipated to generate substantial traffic. The telecommunication facilities in the Application are only expected to generate daily trips to the site during the installation. Installation of the telecommunications facilities is anticipated to take no more than two days. Future trips for routine service and maintenance are anticipated to take place by a single technician in a standard service vehicle (pickup truck) once every six (6) months. Additional trips may be required for emergency situations such as power 3 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 outages. The Application materials indicated service delivery is not anticipated. The Application requires minimal trips and does not create an adverse traffic impact. Therefore,this standard is met. Parking and Loading: Based on the Application materials, the anticipated service needs for the Application are limited to one visit by a technician every six (6) months. The ECLURs state single-family homes are required to include 3 spaces per dwelling unit (ECLUR, Table 4-120). Conformance with parking standards was evaluated at the time of the initial building permit review. The Application materials indicate there is adequate parking on the property to meet this requirement and accommodate this occasional visit. Adverse impacts to parking in the neighborhood are not anticipated. Therefore,this standard is met. Odors: The Application materials indicated the telecommunication facilities are not anticipated to generate odor. Therefore, this standard is not applicable to the Application. Smoke and Particulate Matter: The Application indicates no smoke or particulate matter will be generated by the telecommunications facility. Therefore, this standard is not applicable to the Application. Noise: The information contained in the Application materials state the telecommunication facilities are not anticipated to generate noise. Therefore, this standard is not applicable to the Application. Glare: The Application materials state the telecommunication facilities are not anticipated to emit heat, glare, radiation, or electrical interference. Further, the telecommunication facilities will be painted to match the color of the roof that the facilities are located on. Painting the telecommunications facilities allows them to blend in with the single-family residence, limiting visibility and minimizing glare. Therefore, this standard is met. Vibrations: The Application states the telecommunication facilities are not anticipated to vibrate. Therefore, this standard is not applicable to the Application. Thus, as conditioned, the Application will reasonably avoid adverse impacts to adjacent lands. e. Design Minimizes Environmental Impact. Pursuant to Section 5-250.B.5, the design of the Application minimizes environmental impacts and will not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. Evaluation of environmental impacts are reviewed through the environmental impact report (EIR). Eagle County staff did not deem an EIR was necessary to assess the impact on wildlife habitat for this Application. Wildlife is not anticipated to be impacted because the lot is already 4 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 developed; this Application is for telecommunication facilities to be mounted to a roof attached to an existing residential home. The Board made the determination that the Application as proposed minimizes the environmental impact. Therefore, the Application 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 Application 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. Roads: The Property is accessed by Neilson Gulch Road. The anticipated use of this road is approximately once every six (6) months for service to the site. Neilson Gulch Road is a public road maintained by the County. The County's Engineering Department has evaluated traffic impacts and finds the road can adequately service this need. Pedestrian Paths: The Property is not accessed by pedestrian paths, nor is an impact on pedestrian paths anticipated or proposed. Further, all parking is located on the property; pedestrian paths will not be used. Potable Water: The Application does not require potable water, nor is an impact on potable water supply anticipated or proposed. Therefore, this standard is not applicable for the Application. Wastewater Facilities: The Application does not require wastewater facilities, nor is an impact on these facilities anticipated or proposed. Therefore,this standard is not applicable for the Application. Parks and Schools: Based on the Application materials, the Application is not anticipated to affect or impact parks or schools. Therefore, this standard is not applicable for the Application. Police, Fire Protection and Emergency Medical: The Application will not increase service needs by emergency services. Therefore,the Application will fully minimize impacts on Public Facilities. g. Site Development Standards. Pursuant to Section 5-250.B.7, the Application is in compliance with Article 4 Site Development Standards including requirements for parking and loading, landscaping and illumination, signs, natural resource protection, and commercial and industrial performance standards. 5 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 Off-Street Parking and Loading: As analyzed previously under Standard 5-250.B.4. Design Minimizes Adverse Impact, the Division 4-1 Off-Street Parking and Loading Standards in Article 4 have been met. Landscaping and Illumination: The Application does not include plans for landscaping or illumination. The telecommunication facilities will not be illuminated. The landscaping and illumination standards were reviewed at the time of building permit review for the single-family home. Sign Regulations: The Application does not include plans for any signage. Sign regulations are not evaluated as part of this Application but will apply to any signs at the property should they be proposed in the future. Natural Resource Protection: ECLUR Section 4-400, standards include wildlife protection, geologic hazards, hillside developments, wildfire hazards, wood burning controls, ridgeline projections, and environmental impact reports. The Application will not affect wildlife, riparian areas, or other natural resources as discussed above in Standard 5-250.B.4 - Design Minimizes Adverse Impact and Standard 5-250.B.5 - Design Minimizes Environmental Impact. Further, the telecommunications facilities will be attached to an existing roof; further development on this site is not proposed beyond attaching the telecommunications facilities to the existing roof and installing the ground equipment. Impacts from the existing use were reviewed and evaluated at the time of the building permit. No changes are being proposed that affect the dimensional limitations or conformance of the building with requirements. Finally, the telecommunications facilities will not affect air or water quality, nor will they impact the mountain environment. Therefore, the natural resource protection standards in Article 4 are met. Commercial and Industrial Performance Standards: The standards as outlined in Division 4-5 of the ECLUR stipulate considerations for: noise and vibration, smoke and particulate, heat, glare, radiation, and electrical; storage of hazardous and non-hazardous waste; and water quality. Each is evaluated below: Noise and Vibration Standards; Smoke and Particulate Standards; and Heat, Glare, Radiation, and Electrical Standards As evaluated in the analysis section of Standard 5-250.B.4., the telecommunication facilities do not emit noise, nor do they vibrate. The telecommunication facilities do not emit smoke or particulate matter. The telecommunication facilities do not emit heat, radiation, or electrical interference. The potential for glare is mitigated through painting the telecommunication facilities to match the roof. Storage of Hazardous and Non-Hazardous Waste Telecommunication facilities are listed as an industrial use in the 6 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 ECLURs, Table 3-300 - Residential and Agricultural Zone Districts Use Schedule, though this use can be approved through a Special Use Permit for the RSL zone district. Therefore, the Site Development Standards for Commercial and Industrial Uses apply. The Application includes the storage of batteries used for battery backup on the Property. The batteries and electrical equipment will be stored in a weather resistant equipment enclosure on the side of the existing home. Having the batteries and electrical equipment stored in a container meets the standards for all commercial and industrial uses being in an enclosed container and it prevents the transfer of any hazards by natural causes. The cabinet must meet stationary storage battery system requirements of the local fire district's applicable code. Staff evaluation found the Application for battery storage and the telecommunication facilities meets all applicable standards for storage outlined in the ECLURs, Section 4-550.A. and Section 4-550.A.B. Water Quality As evaluated in the analysis section for Standard 5-250.B.5: Design Minimizes Environmental Impact, the Application will not impact water quality. Thus, the Application, as conditioned,will comply with all applicable standards in the ECLUR, Article 4, Site Development Standards. h. Other Provisions. Pursuant to Section 5-250.B.8, the lease for the telecommunication facilities states that it "starts on the Commencement Date and shall continue for five (5) years." The contract goes on to state that the Applicant is given the option to renew this agreement for three additional five (5) year terms. Meaning that according to the contract,the Special Use Permit could be in effect for up to 20 years. Special use permits are typically issued to a property and do not necessarily include an expiration date. However, due to the nature of the contract and renewal periods, staff recommends the Special Use Permit matches the lease. Eagle County will not inspect the site on a yearly basis. The standard is met with Condition 1. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT this Application for a Special Use Permit is hereby approved, subject to the following condition, and that violation of any condition shall be the basis for revocation of the Special Use Permit pursuant to the ECLURs: 1. The term of the Special Use Permit shall be consistent with the term of the lease. The Applicant shall update Eagle County each time it renews such lease. In the event the lease is not renewed,the telecommunications facilities shall be removed from the property. 7 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 THAT, this Special Use Permit shall be subject to review as provided for by the ECLUR; THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant; and 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. The rest of this page intentionally left blank 8 DocuSign Envelope ID:647F7F66-6413-4FC5-9062-8AA25F5E8665 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 12th day of April , 2022, nunc pro tunc to the 1st day of March, 2022. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: y�PoF FAc��`°c 2 a DocuSigned by: -c DocuSigned by: Kt4lA.a. 02 f�jVlt,ln, •.�°�o By: Lj� R o • w,aa1.i CM-awivH Clerk to the Board Jeanne McQueeney County Commissioners Chair ,—DocuSigned by: [j1.W�1ieti ‘-86^681-FFE68aa03 Kathy Chandler-Henry Commissioner DocuSittalfig(n'e'd'by,:1„^ JAI 01E7020710E0473.. Matt Scherr Commissioner Commissioner Scherr seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr Aye 9