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Department of Community Development
Reference: Eco-Site Cell Tower at 12153 Moline Street (Conditional Use Permit)
To: Mayor Richard N. McLean and Members of City Council
Through: Holly Prather, AICP, Community Development Director
Marv Falconburg, AICP, Assistant City Manager
Philip Rodriguez, City Manager
Prepared By: Mike Tylka, Associate City Planner
Date Prepared: November 29, 2017
PURPOSE
This Conditional Use Permit application for a cellular tower and accessory equipment in Brighton is being brought before you for your review and consideration. Per Section 17-8-60 of the City of Brighton’s Land Use and Development Code, an application seeking a Conditional Use Permit must be presented before the City Council at a public hearing. Following the public hearing, Council shall provide by resolution an approval or denial of the request.
BACKGROUND
The subject property, owned by Shiraba, LLC was annexed into the City in 1999. At this time the parcel was zoned I-1 (Light Industrial). An approximate 1,860 square foot portion, located in the northeastern area of the lot, is proposed to be leased to Eco-Site for the purposes of a cellular tower and accessory equipment to be used by T-Mobile with space available for additional providers. A majority of the parcel will remain in use by Shiraba, LLC for industrial purposes. Powder River Development Services, LLC is serving as the applicant.
Surrounding Land Use(s):
|
Surrounding |
Land Use(s) |
Zoning |
Annexation Status |
|
North |
Industrial |
Light Industrial (I-1) |
City |
|
South |
Industrial |
Light Industrial (I-1) |
City |
|
East |
Large Lot Residential |
Agricultural (A-1) |
Adams County |
|
West |
Union Pacific RR |
Mixed-Use (SP Lake PUD) |
City/County |
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Comprehensive Plan:
The property this cell tower will be located on is designated as Industrial. As this area is industrial and oriented away from residential development, a cell tower can comply with designated secondary uses. The tower itself has a design that blends into the character of the surrounding area.
Land Use and Development Code:
When reviewing a Conditional Use Permit, the City Council shall use the following criteria, as provided by the Land Use and Development Code (ref. Section 17-8-60.2):
a. The conditional use complies with the requirements of these regulations and with the zone district in which it is to be located;
The proposed cell tower complies with the regulations of the I-1 zone district such as setbacks. The cell tower will be a total height of sixty-five feet, which is allowed by the Land Use and Development Code.
b. The conditional use provides consistency with the purpose and intent of these regulations;
The purpose and intent of a conditional use is to allow uses that may be compatible with the surrounding uses in the zone district if restrictions or conditions are placed on the use. This proposed cell tower, with appropriate screening and aesthetic disguising, can meet the purpose and intent of the conditional use provision.
c. The conditional use provides compatibility with the surrounding areas, is harmonious with the character of the neighborhood, is not detrimental to the immediate area, is not detrimental to the future development of the area, and is not detrimental to the health, safety, or welfare of the inhabitants of the City;
The new cell tower, if approved, will be located on the northeastern area of a property zoned for industrial purposes. The tower will face a majority of industrially designated areas. The tower will utilize a stealth design, and the applicant’s team will be installing a solid fence and landscaping to screen the lower section of the tower and the accessory equipment. These measures are being carried out to provide compatibility to the surrounding neighborhood.
d. The conditional use complies with the Comprehensive Plan and other master plans of the City; and
As stated previously, this proposed cell tower does comply with the Comprehensive Plan for the area.
e. Does the conditional use require restrictions or conditions upon approval?
The restrictions the Council could consider include the construction hours of work and operation, and the maintenance of fencing and landscaping.
f. The following should be considered in the decision in addition to any other criteria deemed relevant to the particular use requested:
1. Hours of operation;
Council should consider the condition of construction and maintenance occurring only between the hours of 7:00 AM and 7:00 PM on the days of Monday through Friday. This time frame will allow for construction with minimal impact on any surrounding properties.
2. Street and road capacity;
This project is anticipated to create minimal additional traffic trips. There is a proposed easement for access through the lot to the lease area.
3. Off-street parking;
No additional off-street parking will be needed due to this proposed cell tower.
4. Fencing, screening, and landscaping;
The applicant has proposed an eight (8) foot wooden fence. Nineteen (19) trees outside the fence on northern, eastern, and southern sides of the leased area will provide furtherer screening. This screening was found sufficient for the project and reviewed by the Development Review Committee (DRC).
5. Building bulk, height, setback, location, and external appearance;
This project will be consistent with the building height and setbacks for the I-1 zone district. The proposed design is intended to blend the tower into the area.
6. Useable open space;
This cell tower will be placed on private property and will not be impeding on any useable open space.
7. Signs and lighting; and
Any lighting on the tower will have to comply with City of Brighton standards.
8. Noise, vibration, air pollution, or similar environmental considerations.
The applicant will be required to meet all environmental requirements when constructing the cell tower.
Development Review Committee (DRC) Review:
The Development Review Committee (DRC) and referral agencies have reviewed the Conditional Use and all comments have been resolved. A complete list of comments and the agencies who made them are available upon request.
PUBLIC NOTICE AND INQUIRY
As required by the Land Use and Development Code, mailings were sent to all property owners within 300’ of this proposed Conditional Use. These mailings were sent on November 29, 2017, and included a letter describing the proposed Conditional Use as well as the time and place for the public hearing. Also included with the letter was a map of the subject area. Along with the public mailings, a public hearing sign was posted on November 29, 2017 along Moline Street near the proposed location. Finally, a notice was published in the Brighton Standard Blade on November 29, 2017, to give notice to those who are not affected property owners or those who do not drive near this intersection on a consistent basis. As of the date of this staff report, Staff has received no comments regarding the proposed Conditional Use.
SUMMARY OF FINDINGS
In summary, this proposal for a Conditional Use Permit addresses all relevant criteria for consideration set forth by the Comprehensive Plan and the Land Use and Development Code. Conditions placed upon approval will further ensure that the proposal, if built, will in perpetuity meet the standards set by the City of Brighton.
STAFF RECOMMENDATION
Due to meeting the review criteria of Section 17-8-60 of the City of Brighton Land Use and Development Code, staff recommends approval of the Conditional Use Permit, with the following conditions:
1. Construction and maintenance of this cell tower, and the accompanying equipment, shall take place only between the hours of 7:00 AM and 7:00 PM Monday through Friday.
2. All construction shall comply with all applicable local, state and federal regulations, including, without limitation, all environmental regulations.
3. T-Mobile, and Eco Site (Lessee) and their successors and assigns, shall install the cell tower and related equipment consistent with the specifications set forth in Exhibit B, attached hereto as by this reference made a part hereof.
4. T-Mobile, and Eco Site (Lessee) and their successors and assigns, shall install the fencing and landscaping consistent with the specifications set forth in Exhibit B, attached hereto and by this reference made a part hereof.
5. T-Mobile, and Eco-Site (Lessee) shall be jointly and severally responsible for the proper upkeep and maintenance of the fencing and landscaping. Maintenance shall include, at a minimum, painting, repair and replacement of the fencing, and weeding, repair, replacement of the landscaping. Such maintenance shall be performed on an ongoing/as needed basis.
6. T-Mobile and Eco-Site (Lessee) shall be responsible for the upkeep and maintenance of the access drive.
7. T-Mobile and Eco-Site (Lessee) shall provide to the City a 24/7 contact number.
8. T-Mobile and Eco-Site (Lessee) shall remedy any damages within thirty calendar days.
9. T-Mobile, and Eco Site (Lessee) and their successors and assigns, shall place no signage on the tower itself other than for safety purposes.
A draft resolution has been provided to the Council should it decide to proceed with the application as presented.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing this Conditional Use Permit application. City Council may:
1) Approve the Conditional Use Permit as presented;
2) Approve the Conditional Use Permit with specific additional or modified conditions;
3) Deny the Conditional Use Permit; or
4) Continue the application to be heard at a later, specified date.
ATTACHMENTS
• Aerial Map
• Applicant’s Site Plans
• Draft Resolution with Conditions (Running with the Land)
• Neighborhood Notification Letter
• 300’ Property Owner Mailing Radius Map
• 300’ Property Owner Mailing Addresses