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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. 2 [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 3 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. 4 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- i 1~~~::-' Southwest View i I OJ / ;' i ,::c"".""'- . C" ~~ ,..... ~=~=\l: .'.-" B' U :::>~ : ~."""<"f..~-~..t.",,, './,Cl'.COUNll' .:L", _~ .,. . _~ .. ,.". _ '. -.. USE OF THIS MAP SHOULD BE FOR 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. 4 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) 5 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