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HomeMy WebLinkAboutMinutes 10/18/99 PUBLIC HEARING OCTOBER 18,1999 Present: Johnnette Phillips Tom Stone James Johnson, Jr. James R. Fritze Jack Ingstad Sara J. Fisher Chairman Commissioner Commissioner County Attorney County Administrator Clerk to the Board This being a scheduled Public Hearing the following items were presented to the Board of County Commissioners for their consideration: Consent Agenda Chairman Phillips stated the first item before the Board is the Consent Agenda as follows: A) Approval of bill paying for week of October 18, 1999, subject to review by County Administrator B) Approval of payroll for October 21, 1999 subject to review by County Administrator C) Approval of the minutes of the Board of County Commissioners meeting for October 4, 1999 D) Phase 8 Enhanced 9-1-1 Service Agreement E) Contract #L-12-00 Law Enforcement Assistance Fund (LEAF) F) Resolution 99-180 approving the Law Enforcement Assistance Fund (LEAF)m Contract #L-12-00 G) 1999-2000 Prenatal Services Contract Renewal H) Low Income Energy Assistance Program Vendor Agreement with National Propane I) Low Income Energy Assistance Program Vendor Agreement with F errellgas J) Low Income Energy Assistance Program Vendor Agreement with KN Energy K) Low Income Energy Assistance Program Vendor Agreement with Holy Cross Energy L) Low Income Energy Assistance Program Vendor Agreement with new Century Energies M) Child Care Quality Improvement Grant with Eagle County Head Start N) Sign Change Order Number forty-eight for the Grandstands Contract with Evans Mendel Allison 0) Agreement between the Trane Company and Eagle County Board of County Commissioners for the Trane Company to convert pneumatic controls to Dnc controls on four air handlers at the Justice Center. Commissioner Johnson spoke to the minutes and stated on page 4, the very first word should read location and extent. Further down, in the third paragraph, it says Commissioner Johnson stated having sat in on two of the meetings, he stated the reason why the conditions weren't placed on the County was a matter of trust and that they could trust the TOV as well. Further down, about 7/8's of the way down it says Commissioner Johnson stated that could then be tabled to later that day as needed. Commissioner Stone stated on page 4 under award annual audit services, clarify to read Commissioner Stone asked to whom the award is intended to go. Commissioner Johnson asked why E and F are separate agenda items. Bob Loeffler, Deputy County Attorney, stated they are the same thing but the State usually requires a resolution. 1 10-18-1999 Chairman Phillips asked if there was more to add. Ken Wilson, Eagle County Sheriff s Office, stated they do require a resolution. Commissioner Johnson spoke to item E and the 5% increase to be found with arrests. He asked if they do prevention as opposed to arrests after they have been drinking and driving. He asked what do we do as far as getting the information out. Mr. Wilson stated the state has been involved in that for the past 3 years. This has been their first effort in Hot Friday Nights, but stated there is lots of information going out about the program with PSA and advertisements. Chairman Phillips spoke to item M and asked if this is the same block grant used for the Edwards play center. Kathleen Forinash, Health & Human Services Director, stated it is from the same funds and needs to be used by the end of this year. Commissioner Johnson moved to approve the consent calendar as presented with the changes to the minutes. Commissioner Stone seconded the motion. The vote was declared unanimous. Plat & Resolution Signing Joe Forinash, Planner, stated there were no plats or resolutions today. Commissioner Stone moved to adjourn as the Board of County Commissioners and reconvene as the Local Liquor Licensing Authority. Commissioner Johnson seconded the motion. The vote was declared unanimous. Jimmie Heuga Center Earlene Roach, Liquor Inspector, presented a special events permit application for the Jimmie Huega Center for November 26, 1999, from noon to midnight. She stated this application is in order and all fees have been paid. Artie Davis from the Vail Valley Foundation and Teal Schell from the Jimmy Huega Center were present for the hearing. Chairman Phillips asked if this is an annual event. Mr. Davis stated normally it is held in Vail but this year it will be in Beaver Creek. Commissioner Johnson asked about control and entrances. Mr. Davis explained the entrances/exits, the fencing and the fact they will have paid security and volunteer security. Commissioner Johnson moved to approve the special events permit for the Jimmie Heuga Center for November 26, 1999 from noon to midnight. Commissioner Stone seconded the motion. The vote was declared unanimous. Wolcott Market, Ltd. Earlene Roach presented a renewal of a retail liquor store license and a 3.2% beer license for Wolcott Market, Ltd dba/Wolcott Market and Liquors. She stated both applications are in order and all fees have been paid. The Sheriffs Office reports no complaints or disturbances during the past year. Staff recommended approval. Jan Jouflas was present for the hearing. Chairman Phillips confirmed there were no complaints or concerns. Commissioner Stone asked how business was. 2 10-18-1999 Ms. Jouflas stated it is pretty good. Their biggest problem is with parking. Commissioner Stone moved to approve the renewal of a 3.2% beer license for Wolcott Market, Ltd dbalWolcott Market. Commissioner Johnson seconded the motion. The vote was declared unanimous. Commissioner Johnson moved to approve the renewal of a retail liquor store license for Wolcott Market, Ltd, dba/Wolcott Liquors. Commissioner Stone seconded the motion. The vote was declared unanimous. Stop & Save Earlene Roach presented a renewal of a 3.2% Beer License for S M Petroleum Properties, Inc., dba/Stop and Save. She stated this application is in order and all fees have been paid. The Sheriff s Office reports no complaints or disturbances during the past year. Staff recommended approval. Kent Friesen, applicant, was present for the hearing. Commissioner Stone moved to approve the renewal of a 3.2% beer license for S M Petroleum Properties, Inc., dba/Stop and Save. Commissioner Johnson seconded the motion. Kent Freely was present for the hearing. The vote was declared unanimous. Commissioner Johnson moved to adjourn as the Local Liquor Licensing Authority and reconvene as the Board of County Commissioners. Commissioner Stone seconded the motion. The vote was declared unanimous. ZS-00053, LEA-00019, Sprint Spectrum, Wolcott Joe Forinash, Planner, presented file numbers ZS-00053, LEA-00019, Sprint Spectrum, Wolcott. He stated the applicant proposes to construct and operate a wireless telecommunications facility on property owned by Holy Cross Energy and presently being used as an electric substation. This facility would, in coordination with adjacent telecommunications sites, provide seamless coverage along 1-70 in and near the Wolcott area. The project would consist of: · A 25 X 40 foot leased area, along with utility and access easements. · A 50 foot high monopole with 9 panel antennas and an option to add 9 additional panel antennas below the first set, all painted brown to blend in with the environment. · A lOX 20 foot prefabricated equipment shelter at the base of the tower, with a brown exposed aggregate finish. Mr. Forinash reviewed referral responses as follows: Colorado State Forest Service (copy attached) · Due to lack ofthreat to human life and safety, wildfire mitigation measures are unnecessary . · Some thinning of vegetation could be done to better protect site from wildfire. Mr. Forinash stated the Master Plans consider the proposal as submitted, not staff recommendations which may mitigate non-conformance. He reviewed charts showing compliance or non/conformance with the Master Plan, the Open Space Plan and the Wolcott Community Plan. EAGLE COUNTY MASTER PLAN 3 10-18-1999 x x x x Rural x x EAGLE COUNTY OPEN SPACE PLAN WOLCOTT AREA COMMUNITY PLAN Mr. Forinash reviewed staffs concerns and issues as follows: Site Development Standards (Article 4): Findings for Special Use Permits require compliance with development and use standards pursuant to Article 4 of the Eagle County Land Use Regulations. Division 4-1:0ff-street Parking and Loading Standards: There is currently a parking area near the vicinity of the entrance of the Holy Cross Energy substation. The applicant has proposed to provide one additional parking space further to the east and in close proximity to the wireless communication facility. Staff has determined that all parking standards have been met. Division 4-2:Landscaping and Illumination Standards: Landscaping is not required as this building is in a natural area. The Colorado State Forest Service has determined that mitigation measures are not necessary, but does recommend some actions which may be taken to protect the building from wild land fire. These have been passed on to the applicant. No exterior lights have been proposed for this facility. Division 4-3: Sign Regulations are not applicable to this application. Division 4-4: Natural Resource Protection Standards: Section 4-450: Ridgeline Protection: Because this site is located in a ridgeline protection area 4 10-18-1999 based on the Eagle County Ridgeline Protection Map, dated November 23, 1998, the applicant is required to submit a detailed visual analysis. The Visual Impact Analysis reflects that the proposed 50 foot monopole will be visible along certain stretches of nearby roads, including 1-70, Highway 6 and Bellyache Ridge Road. However, there are 3 existing 76 foot tall utility poles within 100 feet ofthe proposed new monopole, and staff has determined that the additional visual impact will be minimal. Section 4-460: Environmental Impact Report: A Wildlife Evaluation has also been provided. Even with the removal of some shrubs to accommodate the facility itself, there will be no significant, direct impacts on wildlife as a result of the proposed new facility or the minimal additional use of the access road. Specific conditions for approval of this Special Use Permit have been provided in the report of the Wildlife Biologist and are reflected in the staff recommendation. Division 4-5:Commercial and Industrial Performance Standards: It is not expected that this site will produce any noxious side effects like noise, smoke, heat, glare or radiation, and storage of hazardous materials is not contemplated. However, a condition relating to compliance with commercial and industrial performance standards will be included with this permit. Division 4-6: Improvement Standards are not required for this application. Division 4-7: Impact Fees and Land Dedication Standards do not apply to this application. Location and Extent A Location and Extent application (LEA) is required in addition to the Special Use Permit application. Staff has considered the LEA throughout its review of the application for the Special Use Permit and has provided a recommendation below regarding both the Special Use Permit and the Location and Extent review. Wildfire and Wildlife Concerns Since this proposed facility will be uninhabited, except for brief periods when maintenance is being performed, there is very limited risk to human life as a result of wildfire. The State District Forester has provided some recommended actions to better protect the property, including removing vegetation within 10 feet of the building and thinning trees within 75 feet. The Wildlife Biologist reviewing this application has recommended that, while the impact on wildlife as a result of this new communications facility would be negligible, a 25 X 40 foot fenced in area should be provided, and that vegetation should be left generally intact except as necessary to develop the site and to reduce wildfire potential. Staff agrees, and the applicant should be required to provide such a fenced in area and be permitted to remove vegetation within the security fence, but that no thinning of vegetation beyond that should be permitted unless it can be clearly demonstrated as necessary to provide necessary reduction of wildfire risk. Other concerns regarding wildlife impacts have to do with limiting impacts and the manipulation of vegetation and avoiding human-wildlife encounters. These are reflected in the staff recommendations. Visibility Visibility is of primary concern to the County. The applicant has provided various photos ofthe site which indicate that its visibility from a distance is minimal. The proposed tower and nine panel antennas would be painted brown to blend in with the surrounding environment. While the monopole may be somewhat visible to persons on nearby roads looking for it, its distance from the roads in the area limit the visual impact. In addition, the visibility of the proposed 50 foot monopole will tend to be less apparent due to the three existing 76 foot utility poles located nearby. The Land Use Regulations require that the County consider the visual analysis of development, especially as it relates to avoiding visual impact along ridge lines,. Due to expanding population growth in mountain communities and advances in technology which provide residents, visitors, and institutions the means to up-to-date communications, the 1-70 corridor and other areas are increasingly home to a variety of telecommunications sites. The benefits of this and other similar telecommunications sites are obvious, and the co-location of this site at the utility sub-station tends to lessen the potential overall 5 10-18-1999 visual impact of telecommunications sites in this area. Although some impact will occur, it is staffs position that the impact will be limited and may be found to be acceptable. Other Users of the Site The site and the facility is being developed so that another telecommunications service provider may "co-locate" its equipment on the same monopole. In addition to the nine panel antennas to be installed by the applicant, another nine panels are proposed be installed in the future on the same pole, below the first nine, by a second user. The benefits of co-location of antennas on the same pole by different users appears to out-weigh the additional visual or other impacts. However, any conditions applicable to a first user of the site should also be applicable to a second user. Site Development and Performance Standards The applicant has provided assurances that the proposed facility will emit no noxious odors, heat, noise or other pollutants, and that traffic will be negligible. This certainly appears to be the case, but staff has included a recommended condition that the applicable site development and performance standards be provided as a specific condition of approval. Illegal Subdivision The site owned by Holy Cross Energy and operated as a utility substation is 38.i acres in size. The area to be leased by the applicant is 7,850 square feet, with 1,000 square feet to be fenced to include the equipment, shelter and antenna. The question has been raised as this staff report was being finalized as to whether the lease represents an illegal subdivision of land to a lot of less than 35 acres in the Resource zone district. The matter has been referred to the County Attorney, but an opinion is not available at the writing of this report. The question and available alternatives will be explored and presented to the Planning Commission at the public hearing. It should be noted that, as a consequence of this issue, staffhas not been able to make an affirmative finding that the proposed use will "comply with the standards of the zone district in which it is located" (see Finding No.3, Section D, below). However, when a satisfactory solution is identified, it is expected that Finding No.3 below can be changed to reflect compliance with the standards of the zone district. He stated there is a hearing scheduled for November 1 st regarding an exemption to this requirement. Mike Manning, applicant, was present for the hearing to answer any questions. Mr. Forinash stated the Planning Commission recommended approval with the conditions as specified by staff. It was confirmed that the exemption is to be heard on November 1 st. Jim Fritze, County Attorney, suggested this approval be conditional on the approval of the exemption. He explained further the terms of the lease. Mr. Forinash referred to condition #6 to follow. Chairman Phillips asked the findings be read. Mr. Forinash reviewed staff findings as follows: The following findings are made assuming compliance with staff recommended conditions pursuant to Section 5-250(B) ofthe Eagle County Land Use Regulations: 1. The proposed Special Uses ARE appropriate for their proposed location and are consistent with the purposes, goals, objectives and policies of the Master Plan and the FLUM of the Master Plan, including standards for building and structural intensities and densities, and intensities of use. 2. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. 3. The proposed Special Use DOES comply with the standards ofthe zone district in which it is located (Resource) and any standards applicable to the particular use(s), as identified in Section 3-330, Review Standards Applicable to Particular Commercial and Industrial Uses (telecommunications 6 10-18-1999 facility). 4. The design ofthe proposed Special Use DOES minimize adverse impacts, including visual impacts of the proposed use(s) on adjacent lands; furthermore, the proposed Special Use DOES avoid significant adverse impacts on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and DOES NOT create a nuisance. 5. The proposed Special Use DOES minimize environmental impacts and DOES NOT cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. 6. The proposed Special Use IS 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. 7. The proposed Special Use DOES comply with the appropriate standards in Article 4, Site Development Standards. 8. 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. And, pursuant to C.R.S. 30-28-110: 1. The proposed use WILL NOT be detrimental to the health, safety and welfare of the inhabitants of Eagle County. 2. The proposed use WILL NOT affect in a substantial manner, the use or enjoyment of adjacent lands. 3. The site HAS adequate access and water and sewer. (Water/sewer are not provided and not deemed necessary.) 4. The use ofthe site IS consistent with the applicable policies ofthe Master Plan. 5. The advantages of the use DO outweigh the disadvantages. 6. There IS a demonstrated need for this proposal. Mr. Forinash read the conditions as follows: 1) Development and use of the site include the following requirements and conditions: a. The antenna site approved for this property shall contain all structures and habitat modification. b) The development will utilize a new perimeter fence that is 25 X 40 feet, with a maximum height of 7 feet, for safety and security purposes. · There will be no habitat modification in mountain/shrub community other than that which is essential for development of the site. · Contractor's shall be prohibited from bringing dogs on-site, even if dogs are to be kept within vehicles. · Vegetative cover within the Substation Parcel outside of the fenced antenna site and roads, will be retained, except where manipulation is required to reduce wildfire potential or as part of a valid wildlife habitat enhancement program authorized by the County. · In order to reduce potential bear problems the following measures shall be implemented: · There shall be no dumps associated with the development. · Garbage shall be placed in containers, to be kept inside a closed garage or building. 2) All users of this Permit shall be subject to all applicable Site Development Standards of the Eagle County Land Use Regulations, including but not limited to, Division 4-5 (Commercial and Industrial Performance Standards). 3) Additional users shall be pemlitted on the facility without further County approval if the additional uses are limited to those represented in this application and any additional users comply with 7 10-18-1999 the requirements of this permit and all other necessary approvals are obtained. 4) The site plan attached hereto represents the proposed, approved uses and is incorporated herein by this reference. 5) Except as otherwise modified by this Permit, all material representations of the Applicant in this application and public meeting shall be adhered to and considered conditions of approval unless otherwise amended by other conditions. 6) Approval of this Special Use Permit is contingent upon submission by the applicant and approval by the Board of County Commissioners of an exemption to applicable provisions of State Statute and the Eagle County Land Use Regulations regarding the subdivision of land into parcels of less than 35 acres by the proposed long term lease between the applicant and Holy Cross Energy. Commissioner Stone moved to approve File No. ZS-00053 incorporating the findings and with the conditions as read. Commissioner Johnson seconded the motion. The vote was declared unanimous. Chairman Phillips asked if this will take care of the blank between Gypsum and Wolcott. Mr. Manning responded if you have a Sprint line it does. He stated this won't be built before spnng. There being no further business to be brought before the Board the meeting was adjourned until October 25, 1999. Atte~: sL Q Clerk to the Bo a JiJ, ",k~- ""',"'_ "' ~ $; fw~ ;' ' ',.-. -,/." , "".r;~: ' . 8 1 0-18-1999