Exhibits for Public Hearing held on August 9, 2004 B Proof of Publication C Garfield Count D E A lication F Staff Memorandum BOCC 08109104 FJ PROJECT INFORMATION AND STAFF COMMENTS REOUEST Special Use Permit for a "Communications Facility" OWNER I APPLICANT Chad & Kristin Campbell REPRESENTATIVE Gamba & Associates LOCATION NW \I.I of the SE \I.I of Section 16, Township 7 South, Range 95 West of the 6'h PM; practically located 1.5 miles east of Battlement Mesa SITE DATA 40 acres ACCESS CR 302 (Underwood Lane) EXISTING ZONING ARRD SUROUNDING ZONING ARRD I Open Space (BLM) I. DESCRIPTION OF THE PROPOSAL The Applicant proposes to erect a 60-foot tall translator tower on a privately owned 40-acre property located just east of the Battlement Mesa community. The property is zoned ARRD and is surrounded to the south and east by BLM and by ARRD to the north and west. The purpose for the proposed tower is to transmit an FM signal from a Grand Junction radio station to rural areas obscured by topography. The tower is comprised of three sections that total 48 feet. A 12-foot antenna is placed on top of the tower for a total height of 60 feet. The tower is free standing and uses no wires. The translator (FM) is a small box measuring 19" wide, 8" high, and 15" deep which emits 34 watts with a frequency of 101.9 and is mounted at the base of the tower and is enclosed in a cabinet. Electrical power (underground) to the site will be provided by Holy Cross Electric. The area around the base of the tower will be enclosed with a 6 foot high chain-link fence. This type of structure (and its associated use) is defined in the Zoning Resolution as a Communications Facility which is contemplated in the ARRD zone district as a special use. II. SITE DESCRIPTION As mentioned above, the property is bordered by BLM to the south and east and by private lands to the north and west. It is located just east of the Battlement Mesa community. The 40-acre property is presently improved with a single-family dwelling and water tank the remaining portion of the property consists of relatively flat open land with some mature pinion vegetation and sage brush I scrub oak used for the grazing of horses. The south portion of the far rear of the lot where the tower is proposed sits at the toe of significant slopes that stretch southward and eastward into BLM. eliminating visual impact in low light periods. Staff agrees that the tower structure is relatively thin (28" wide at the bottom and approximately 12" at the top) does not use guide wires, is not lighted, and will be located such that the backdrop of steep slopes behind the tower will significantly reduce the visual impact. Further, due to the remote location of the tower, in that, it will be situated on the rear of a 40- acre tract and approximately I to 1.5 miles from any developed area also reduces its visual impact to the general public. Staff finds this standard is met. B. Section 5.03.13 Review Standards: Communication Facilities Such communication facility shall be approved by the FCC and the FAA, where appropriate. In addition, the following standards will be used in the review application for a communication facility: 1. All facilities shall comply with the radio ji·equency emission requirements of the Federal Communications Commission (FCC) and any facility in compliance cannot be denied. Staff Finding Regarding compliance with the Federal Aviation Administration (FAA), the Applicant sent the proposal to the FAA and received a "Determination of No Hazard to Air Navigation" which is included in the application binder. The FAA's letter stated: This aeronautical study revealed that the structure does not exceed the obstruction standards and would not be a hazard to air navigation. Based on this elevation, marking and lighting are not necessary for aviation safety. However, if marking and! or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA advisory Circular 7017460-1AC70I7460-JK. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency (ies) andpower. Any changes in coordinates, heights, and frequencies or use ofgreater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect ofthis structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance 3 III.REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. Town of Parachute: No comments received. b. Battlement Mesa: No comments received. c. Bureau of Land Management: No comments received. IV. COMPREHENSIVE PLAN The property lies within Study Area 3 and is designated on the proposed land use map as outlying residential. The proposed tower is not located in any defined visual corridor or any urban areas of influence as mapped in the plan. V. REVIE\V STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use shall also be required to address the standards fro a communications facility found in Section 5.03.13 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board ofCounty Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The proposed tower is an unmanned stand-alone structure which requires no utilities for providing water or a method for dealing with wastewater. This standard is met. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The existing access to the property is County Road 302. Proposed traffic generated to the site for the tower will be approximately I trip to and from the site every three months. This does not represent any measurable impact on the County road system. This standard is met. 3) Design ofthe proposed use is organized to minimize impact on andfrom adjacent uses ofland through installation ofscreen fences or landscape materials on the periphery of the lot and by location ofintensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The zoning for this property allows structures to be up to 25 feet tall. The proposed tower will exceed this height limitation by 35 feet. The application states that the tower is inherently small of profile and is located on a down slope to prevent being silhouetted against the sky. The Federal Aviation Administration (FAA) does not require the tower to be lighted 2 responsibilities relating to any law, ordinance, or regulation ofany Federal, State, or local government body. Therefore, the FAA has approved the tower. Staff suggests that should the Board approve the request, these points above be considered conditions of approval. This standard is met. Further, the application states that the proposed tower and the emanating frequencies have been approved by the FCC under a permit number ofBNPFT-2003081 IADV. The application also contains a print-out of a form from the FCC website that indicates an approval from the FCC for 101.9 MHZ. Staff contacted the FCC regarding the form and the tower and its frequency has been approved by the FCC. This standard is met. 2. The co-location of telecommunication facilities on one site is encouraged and the denial of a landowner/ lessor of the co-location of a site shall be based on technical reasons, not on competitive interests. It is the County's policy to minimize the number of communication facilities by the encouragement of co-locating such facilities. Staff Finding The application states that Maranatha Broadcasting investigated other co-location opportunities and that the other towers in the area were not acceptable for the proposed facility. In an additional supplement at the request of Staff, the Applicant elaborated on their endeavors and provided the following reasons why co-location was not a possibility: "Maranatha has three FM stations, two of which are presently rebroadcast in Garfield County, K-JOY 92.3 and Magic 93.1. We hope to add the signal from another one of our stations, Moose Country 100.7, in the near future. For a translator signal to reach Rifle, an intermediate hop between Rifle and Grand Junction needs to be established. A site east of Battlement Mesa that is line of site to Anvil Points is ideal. Both the proposed Kimball property site and Dog Head Electronics Site (owned by American Tower) reach Anvil Point. And both our proposed site and Dog Head reach Parachute/Battlement Mesa." Point #I: Interference "We are concerned about interference. If two antennas are positioned too close to each other, they will interfere with each other.