HomeMy WebLinkAboutR05-078 Special Use Permit for Verizon Wireless at Cedar Drive Telecommunications Facility
Commissioner ~ moved adoption
of the follow g Resolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
..,
RESOLUTION NO, 2005 - 01fr
APPROV AL
OF THE SPECIAL USE PERMIT
for the VERIZON WIRELESS
AT CEDAR DRIVE
TELECOMMUNICATIONS FACILITY
FILE NO. ZS-00127
WHEREAS, on or about January 31 st, 2005, Verizon Wireless; (herein after "Applicant")
did file an application with the Eagle County Department of Community Development for a
Special Use Permit for a Telecommunications Facility, located in the Resource Zone District in
the unincorporated area of Eagle County described as follows:
A parcel of land owned by Mickey & Gloria Berumen; Terry, Donna, Carolyn & C.
Southwell; addressed 0801 Cedar Drive; Section 5 & 8, Township 8 South, Range 86
West, 6th P.M., County of Eagle, State of Colorado; northeast of the Town of Basalt;
See attached Exhibit A
WHEREAS, the Special Use Permit request was considered at a public meeting by the
Roaring Fork Valley Regional Planning Commission May 19th, 2005 and by the Eagle County
Board of County Commissioners on May 31 st, 2005; and;
WHEREAS, the applicant desires to locate a Telecommunications Facility on private
land near the Town of Basalt. The facility is proposed to consist of a 52' tall, co-locatable
monopole on which multiple cellular panel antennas will be placed. The initial installation of
antennas will be grouped into three (3) sectors, with four (4) antennas in each for total of 12
antennas. A concrete pad will sit at the base of the pole for Verizon Wireless related
equipment/equipment shelter. The pole is proposed to be painted the appropriate colors to 'blend
in' with its surroundings; the site shall be appropriately mitigated to ensure soil stability, etc.
(see attached); and,
1.
WHEREAS, the applicant has made material representation during the hearings which is
binding, unless otherwise modified by other conditions (this is in pursuant to Condition 1: see
attached letters from Closser Consulting); and,
WHEREAS, based on the evidence, testimony, exhibits, and study of the Master Plan for
the unincorporated areas of Eagle County, comments of the Eagle County Department of
Community Development, comments of public officials and agencies, the recommendation of the
Planning Commission, and comments from all interested parties, the Board of County
Commissioners of the County of Eagle, State of Colorado ("the Board"), finds as follows:
1. That proper publication and public notice was provided as required by law for the
hearings before the Planning Commission and the Board.
2, That pursuant to Eagle County Land Use Regulations Section 5-250.B Standards
for the review of a Special Use Permit:
[1] Section 5-250,B,l, Consistent with Master Plan. The proposed Special
Use Permit CAN be shown to be appropriate for its proposed location and
be consistent with the purposes, goals, objectives and policies of the
Master Plan and Master Plan FLUM, and related sub-area master plans.
[2] Section 5-250,B,2 Compatibility. The proposed Special Use IS
appropriate for its proposed location and IS compatible with the character
of surrounding land uses.
[3] Section 5-250,B,3 Zone District Standards, 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 Section
3-310, Review Standards Applicable to Particular Residential,
Agricultural and Resource Uses.
[4] Section 5-250,B.4 Design Minimizes Adverse Impact. The design of the
proposed Special Use DOES adequately minimize adverse impacts,
including visual impact of the proposed use on adjacent lands. The
Special Use WILL avoid significant adverse impact on surrounding lands
regarding trash, service delivery, parking and loading, odors, glare, and
vibration. Adverse impact on surrounding lands regarding noise and
traffic, WILL NOT create a nuisance.
[5] Section 5-240.F,3,e (5) Design Minimizes Environmental Imoact. The
proposed Special Use CAN fully minimize environmental impacts, and
though it will not cause significant deterioration of water and air resources,
wildlife habitat, and other natural resources, it WILL NOT cause
significant deterioration to scenic resources.
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[6] Section 5-250,B,6 Impact on Public Facilities. The proposed Special Use
IS adequately served by public facilities and services such as roads,
pedestrian paths, potable water and waste water facilities, parks, schools,
police and fire protection, and emergency medical services.
[7] Section 5-250,B,7 Site Develovment Standards. The proposed Special
Use, as conditioned, DOES fully comply with all the appropriate standards
in Article 4, Site Development Standards.
[8] Section 5-250,B,8 Other Provisions. The proposed Special Use DOES
comply with all standards imposed on it by all other applicable provisions
of these Land Use Regulations 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:
THAT the Special Use Permit application for the Verizon Wireless at Cedar Drive
Telecommunications Facility, located in the Resource Zone District, in the unincorporated area
of Eagle County described herein, be approved, subject to the following conditions, and that
violation of any condition shall be the basis for revocation of the Special Use Permit:
1. Except as otherwise modified by this Permit, all material representations made by the
Applicant in this application and in public meeting shall be adhered to and considered
conditions of approval.
2. Applicants will provide a Traffic Control Plan in accordance with the Manual on
Uniform Traffic Control Devices (MUTCD), to be submitted to Eagle County with
the Building Permit application. Applicants will also provide a copy of the Traffic
Control Plan to the Town of Basalt for their review.
3. Town of Basalt must be notified prior to the installation/construction of this facility
for traffic coordination purposes.
4. The Applicant must adhere to all recommendations as provided in the CGS memo
dated May 6th, 2005, with the exception that swales be utilized in lieu ofberming.
Building Plans/application must reflect applicable recommendations.
5. The applicants must investigate this site for raptor nests. If nests are discovered, the
applicants must inventory any nesting sites. The results of this investigation/inventory
must be submitted to the Community Development department prior to Building
Permit application.
6. Initial construction for this facility may only occur between the months of June 20th
and November 15th to avoid any potential wildlife impacts. Please note: these dates
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may be further restricted by the Division of Wildlife pending the outcome of the
raptor investigation/inventory.
7. The lease and/or related recorded documents which permit Verizon Wireless to access
and install the equipment on this site must be submitted with the Building Permit
application.
8. Proposed contours must be shown on the required Building Permit for any grading
involved with the site and turnaround/parking area.
9. This facility (monopole) must be designed to support a co-location from a second and
third carrier.
10. Applicant (Verizon Wireless) shall notify the Community Development Director
when altering or modifying equipment on this Telecommunications Facility. If a co-
locator wishes to install equipment on the monopole, the co-locator must also notify
the Community Development Director prior to the initial installation, and any
subsequent alterations or modifications of their equipment in the Telecommunications
Facility thereafter. Notification shall include both a written description and detailed
plans showing equipment on the outside of the monopole, as well as any
modifications to the equipment shelter. Any increase in the height of the monopole,
expansion of the existing equipment shelter or the addition of new equipment shelters,
will necessitate a new Special Use Permit.
11. The perimeter of the lease area as proposed shall be fenced in an appropriate color
and material such as a "plastic dipped" chain link fence. Further, the
equipment/equipment shelter shall either be painted a suitable color to blend in with
the surrounding landscape, or in lieu of having the shelter being painted, that the
applicant utilize colored split face CMB (concrete masonry block) in suitable earth
tones to match the surrounding environment.
12. Any additional landscaping or materials used for erosion control purposes shall be
maintained consistently for at least two years and periodically after that to ensure
proper health and longevity. Any dead materials shall be removed and/or replaced
immediately upon discovery.
13. The condition of Cedar Drive must be left as is or better and that the existing
conditions should be documented by photos.
THAT, this permit shall be subject to review as provided for by the Eagle County Land
Use Regulations.
THAT, the Board of County Commissioners directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
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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 commissione~
County of Eagle, State of Colorado, at its regular meeting held the t) I day of ,
2005, nunc pro tunc to the 31st day of May, 2005.
COUNTY OF EAGLE, STATE OF COLORADO, By and
BOARD OF Y COMMISSIONERS
BY:
Clerk to the Board of
County Commissioners B
BY: p~mmiSSi
Tom C. Stone, ommlssioner
Commissioner ~ seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Am M. Menconi t
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
This Resolution passed by ~/3 vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
5
EXHIBIT 'A'
Verizon Wireless at Cedar Drive, Basalt
Z8-00127
IfJJ::l .-....:-'~ Proposal-
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c. !'2~~~ -.., - c. ~.ff;~ ~::-;';'\~~~'::: GENERAL AND INFORMATIONAL PURPOSES
ONLY. EAGlE COUNTY DOES NOT
WARRANT THE ACCURACY OF THE
INFORMATION CONTAINED HEREIN.
300 0 300 600 900 1200 Feet
r----_
Site
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Closser Consulting Limited Liability Company
4305 Darley Avenue
Boulder, CO 80305-6027
. \nn Closser Tel. 303,554.1432
~lobile 303.819,3071
Fax 303.494.0826
Email: aclosser@idcomrn.com
May 5, 2005
lenna Skinner Markowitz
Eagle County Planning Department
P.O. Box 179
Eagle, Colorado 81631
Re: Verizon Wireless Telecommunication Facility
801 Cedar Drive, Basalt, CO
Dear lenna:
Thank you for allowing me to respond to the referral comments from the Town of
Basalt, the Division of Wildlife, and the Eagle County Engineering Department.
Facility Description
Before I begin, I want to summarize the nature of the proposal. Verizon Wireless
proposes a single pole, not to exceed 52' in height. There will be three sets of four panel
antennas mounted to the pole. Each panel antenna will be rectangular in shape, the
dimensions of which will be, 4' xl'. There will be a small shelter associated with the
facility. That shelter will be 26' long x 12' wide by 11 '6" tall. The sole purpose of the
facility is to provide cellular telephone service to the Town of Basalt, and portions of the
highway. This facility is needed as the existing site on the Division of Wildlife property
must be removed by September 30, 2005. That site, due to its high elevation, provides
substantial coverage to the area. The site on the Southwell property is essential to fill in a
tremendous gap to be created by the loss of the existing installation.
Impacts
The facility will not be manned. It will not require water or sewer services. After the
initial period of construction (thirty days), the site will only be visited for routine
maintenance once or twice each month by a single technician in a pick-up truck. The
facility will require its own power and phone services. However, Verizon Wireless will
arrange for and secure its own utilities from Qwest and Holy Cross Electric. The facility
will not generate any noise, vibrations, or dust. All radio frequency emissions will be
well within standards established by the Federal Communications Commission ("FCC").
1
..
.
Character of the existing and proposed uses
The Southwell property is covered with multiple power poles and lines. Aside from the
power poles, the property is not developed. The proposed wireless telephone installation
is not unlike other utilities. The facility will consist of antennas, a support structure, and
equipment; nothing more. There will be no permanent employees or residential
occupants associated with the installation, There is an existing access road to the site.
Any road improvements or repairs necessitated by the construction of the Verizon
Wireless installation will be completed immediately.
Town of Basalt
I respond to the comments presented in a letter dated April 19, 2005 from the Town of
Basalt ("Basalt"). My comments will track the numbered paragraphs in that letter.
(1) Site visit: I understand that your staff either has or intends to conduct a site visit.
If other governmental officials would like to visit the site, that is fine. As a
courtesy to the landowner, however, I would like to give the local agent advance
notice. Consistent with the adage that a picture is worth a thousand words, I
attach recent pictures of the property. As you can see, the property is encumbered
by several large power lines.
(2) 1041 hazard review: I understand that Eagle County does not require a 1041
hazard review. However, issues typically addressed within that process will be
considered as part of the special use application and referrals. In fact, a Colorado
Geological Survey is in progress. Verizon Wireless will adhere to any and all
requirements which are generated as a result of that review.
(3) Collocation: The facility will be structurally designed to support the antennas of
two additional carriers with comparable antenna arrays.
(4) Beneficiary of easement: There is no reason for Basalt to be named as a
beneficiary of the access easement. I understand that Basalt already has the legal
right to access its spring, which access is through the Southwell property. Please
note in paragraph 2 (Safety/ConstructionITraffic Issues), the author notes that the
town has "... an access easement agreement with the property owner because the
road leads to the natural spring..." Tht: access easement is part of the lease
agreement between Verizon Wireless and the property owners. The eaSement is
not exclusive. Regrettably, Basalt cannot be named as a party to the lease
agreement.
Safety/Constructionffraffic Issues
(I) Safety plan for construction traffic: Construction will be complete within 30 days.
There will be a total of five (5) days where heavy machinery will be driven to the site.
A concrete truck will be driven to the site on approximately 2 days. On three separate
days, the shelter, tower and crane will be driven to the site. Typically, there will be a
total of 5 days where heavy machinery will be driven to the site. To be conservative,
I can verify that on no more than 10 days will heavy machinery be on the site. On the
remaining days, the site will have a few pick-up trucks with construction workers and
2
the necessary tools. As you can see, the construction traffic will be considerably less
than if a home were being constructed. The shelter will be a total of 312' square feet.
The grading, excavation, and foundation for the pole and shelter will be minimal.
(2) Access to Town spring: Verizon Wireless will create a turn around/pullout area
as part of its lease parcel. Construction vehicles will not interfere with the
Town's access to its spring. Verizon Wireless will be certain that at least 10' of
clearance is available on the access road, Please note, there will be only five days
during which it is expected that heavy machinery will be on the site.
(3) Construction safety fencing: Construction safety fencing will be installed at the
site during all phases of construction. Particular attention will be paid to the south
side of site.
(4) Flagging of trees: There is a dearth of trees on the site which will be removed
during construction. There are possibly 3-4 trees, not greater than 8' -16' which
might need to be removed. Any removal of trees will have an insignificant affect
on the visual impact of the installation.
(5) Construction parking: Careful attention will be given to where vehicles are
parked during construction.
(6) Portable toilet: A portable toilet will be on the premises during construction.
(7) Construction drawings: The construction drawings will be submitted to Eagle
County for approval. That entity has jurisdiction over the project, and only that
entity can issue the required permit.
(8) Damage to access road: Verizon Wireless will be responsible for repairing any
damage to the access road during construction.
BuildingIMonopole/Site Issues
(1) Construction into hillside: To the extent feasible, the shelter will be bermed into
the hillside.
(2) Internal alarm: The installation is equipped with many sophisticated monitoring
systems. Critical parameters are monitored 24 hours each day, 7 days each week.
Smoke, temperature, AC power failure, door entry, rectifier output, and humidity
are monitored 24/7. If there is any deviation in normal ranges, a technician is
dispatched, and the local emergency service agency is contacted. The shelter (12'
x 26') is equipped with two fire extinguishers, The shelter is 1 hour fire rated
consistent with the National Fire Code.
(3) Signage concerning radio frequency emissions: The site will not contain any
signs warning of radio frequency emissions. The FCC has exclusive jurisdiction
over radio frequency emissions. The cell site will be well within the standard
established by the FCC for wireless telecommunications. In fact, the installation
. will not even generate emissions which attain 1 % of the operative standard.
Additionally, under the Federal Telecommunications Act of 1996, local
jurisdictions are prohibited from making decisions about the placement of cellular
facilities based on radio frequency emissions. The FCC has determined that the
risk of health effects is so slight, that such concerns cannot be the basis of any
land use decision. .The fact is; there are no hazards associated with the
installation. One would experience more ambient radio frequency emissions in
3
one's kitchen with a microwave in use. The high tension lines which cross the
property are arguably more of a concern.
(4) Camouflage/tree pole: As you can see from the attached pictures, there are many
power poles and lines which cross the property. The 52' pole will be compatible
with the existing land uses. Visual impacts should not be an issue. From the
Town of Basalt one would have to look through the extensive power lines to see
the Verizon Wireless pole.
(5) Non-reflective finish: Verizon Wireless has no objection to a fire resistant non-
reflective paint, Please note, the pole and antennas are tied to a low resistance
direct current path. If lightning were to strike any part of the pole or antennas, it
would be grounded to a metal grid buried in the ground. This pole is much better
grounded than any of the other tower structures on the property.
(6) Pointing antennas toward slopes of Basalt Mountain: See response to number 3
above. The radio frequency emissions will be no greater than I % of the FCC
standard. Documentation will be provided at the hearing which illustrates the
predicted emissions relative to the FCC standard. Federal law requires only that
the applicant demonstrate that the operative standards are satisfied and prohibits
local jurisdictions from further inquiry.
(7) Gravel: Disturbed areas will be revegetated with native plants, covered with
gravel, or returned to its natural state, as appropriate.
(8) Transformer location: The precise transformer location will be determined upon
placement of the Verizon Wireless utility order with Holy Cross Electric. The
transformer location will be noted on all construction plans.
(9) Outdoor storage: There will be no outdoor storage of any materials. In fact, the
tower and shelter will be contained within a cedar fence.
Environmental! Aesthetic Issues
(I) Construction/erosion: All appropriate measures will be taken to prevent erosion
during or as a result of construction. Due to the slopes, erosion prevention will be
a paramount concern. Verizon Wireless is known for its prodigious efforts to
construct installations which are structurally sound relative to the soil
composition, slopes, and water runoff. Construction fencing will be installed
around the drip line of the trees which will remain L.'1the construction area.
Additional silt fencing or other appropriate measures will be taken to prevent
erosion caused by the construction of the installation. Further, this project will
undergo a Colorado Geological Survey. Any measures which evolve as a result
of that survey will be adhered to.
(2) Weed control/revegetation: Any reseeding and erosion control measures will be
followed.
(3) Wildlife concerns: As the existing Basalt site will be decommissioned by
September 30, it will be essential that this site be constructed this summer. It is
intended that the installation be constructed as soon as all Eagle County approvals
are in place.
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Division of Wildlife Comments
With respect to the Pat Tucker letter dated April 26, 2005, Verizon Wireless will
constmct the site this summer. In fact, construction will begin as soon as the building
permit is available. Mr. Tucker commented that he wanted construction to occur
during the summer and fall. This site has to be fully operational by September 30.
Verizon Wireless will investigate the area for raptor nests. Timing of construction
will be amended as necessary.
Eagle County Engineering
Mr. Peter T. Sulmeisters for the Eagle County Engineering Department responded on
April 22, 2005. Verizon Wireless has an easement as part of the lease agreement with
the Southwells. A memorandum of that agreement will be recorded in Eagle County.
I can produce a copy of the lease agreement (with proprietary information redacted)
for the County's review. That agreement provides a specific easement to the site.
Contours for grading and the parking/turn around area will be illustrated on the final
construction drawings.
I posted the property on April 27, 2005. I understand that the Planning
Commission hearing will be held on May 19 and the Board of County Commissioners
hearing will be held on May 31. Please provide the location and times for those
hearings. I have been advised that the County mails notice of the hearing to the
adjoining property owners. Additionally, please provide a copy of the staff report as
soon as it is available.
Thank you very much Jenna. If you need any further information, please phone.
I will respond immediately.
Cc: Ms. Jane Johnson, Verizon Wireless (by facsimile)
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Closser Consulting Limited Liability Company
4305 Darley Avenue
Boulder, CO 80305-6027
Ann Closser Tel. 303.554.1432
Mobile 303.819.3071
Fa..x 303.494.0826
Emai1: aclosser@idcomm.com
May 10, 2005
By Email and regular US Mail
Jenna Skinner Markowitz
Eagle County Planning Department
P.O. Box 179
Eagle, Colorado 81631
Re: Verizon Wireless Telecommunication Facility
801 Cedar Drive, Basalt, CO
(Internal reference: C01 Hooks Spur, Alt. 1)
Dear Jena:
Thank you again for allowing me to comment on the referral responses
from the Wildfire Mitigation Specialist and the Colorado Geological Survey
Department. I will respond to the Basalt & Rural Fire Protection District
separately. We have spoken with Bill Harding and all parties agree on the
required measures to mitigate any hazards associated with fire. My letter which
summarizes the accord reached with the Fire District will be sent later today.
On behalf of Verizon Wireless I present the following responses.
Wildfire Mitigation Specialist (Ben Garrett)
Clear area
The area within 15' of all structures will be cleared of all flammable materials and
vegetation.
ThinninQ/pruninQ
Pinion and juniper trees within 100' of the structures both uphill and side-hill and
120' down the hill will be thinned to achieve 10' spacing crown to crown. All
remaining trees in this area to be pruned to a height to 10' above the ground or
1/3 of the height of the tree (whichever is less). All dead woody materials should
be removed from this area.
Beetle kill
Beetle kill within the defensible space (as defined above) will be removed on an
annual basis to prevent further infestation. All fresh cut trees should be placed in
an open area to prevent further infestation.
Colorado Geological Survey Department ("CGS")
Berm
The CGS requests a small berm above the site to facilitate drainage. The
drawings will be revised to illustrate a grading and drainage plan.
Erosion control measures
CGS has requested that the developer implement measures to mitigate erosion
to the road during construction, such as water bars, silt fences beneath the tower
site, and rehabilitate the road after construction. Verizon Wireless completes
these measures as a matter course for all of its projects and will do so here.
Road improvements are contemplated as part of this development (note the Fire
District comments). The water bars, silt fences, and repair of any damage will be
completed as part of the Verizon Wireless development.
Revised drawings to reflect the requested measures will be tendered at
the hearing. How many copies should I bring, and what sizes do you prefer? If
you need any further information, please call, and I will respond immediately.
k.-
Closser Consulting Limited Liability Company
4305 Darley Avenue
Boulder, CO 80305-6027
Ann Closser Tel. 303.554.1432
t\{obile 303.819.3071
Fax 303.494.0826
Emai1: aclosser@idcomm.com
May 10, 2005
By Facsimile (970,704.0625)
Bill Harding
Basalt & Rural Fire Protection District
1089 JW Drive
Carbondale, CO 81623
Re: Verizon Wireless Facility
801 Cedar Drive, Basalt, Eagle County
(C03 Hooks Spur, Alt. 1)
Dear Mr. Harding:
Consistent with our telephone call earlier this morning, I provide the
following response to comments raised by the Basalt & Rural Fire Protection
District in a letter dated February 28, 2005. In response to these requests, we
propose the following measures:
Access Road
The Fire District has requested that Verizon Wireless improve the road to 12'
wide with an all weather surface. The District also requires a turn around at the
site. Verizon Wireless will install a turn around at the site, the approximate
dimensions of which will be 8' wide x 20' deep, in addition to the road width.
Verizon Wireless will also create a passing lane (additional 8' for a total of 20'
width in this area) approximately one-half of the way up the access road. The all
weather road surface will be compacted gravel. These changes will be illustrated
on the site plan and provided to the County and the Fire District.
Two hour fire ratinalfire suppression system
In lieu of the fire suppression system, the building will be constructed of CMU
(concrete masonry units). This construction equates to at least a 3 hour fire
rating. There will be two fire extinguishers at the site, which will be accessible to
the Fire District. I will ask the Verizon Wireless construction manager about
allowing the Fire District access to the shelter. Perhaps he is familiar with the
"knox" or "key safe" system.
,
Alarm System
The Fire District has requested that the alarm system tie into the central receiving
station. This is already the case. Many critical parameters are monitored 2417.
These include, smoke, temperature, humidity, AC power failure, rectifier output
and door entry. The local fire district and/or sheriff are notified as appropriate
given the nature of the alarm.
Monopole treated with non-flammable paint
I understand that you recommend intumescent paint. Thanks for the quick
research. You have provided several web sites, flamestop.com, astroflame.com,
and coatmasters.com. The project architect will locate and utilize suitable paint
for the tower. However, the antennas will not be painted with the intumescent
paint. The paint would totally block the radio frequency transmissions and would
effectively defeat the purpose for the installation.
Electric transformer location
The electric transformer will be located in an area where the potential source of
ignition is minimal. The location of the transformer will be illustrated on the
construction drawings.
Outside storaqe
There will be no outside storage of any flammable materials.
Thank for discussing these issues with us this morning. I will present this
letter to Jena Skinner-Markowitz for the planning file.
~
~ Ms. Jena Skinner-Markowitz