STAFF REPORT #

Transcription

1 STAFF REPORT # A Conditional Use PLANNING COMMISSION MEETING DATE: March 19, APPLICATION: A public hearing regarding a request for a conditional use permit for the installation of a wireless cell facility on a chain linked fenced 50' x 50' leased area containing a diesel generator, proposed 11.5' x 16' x 10.5' equipment shelter and a 120' tall monopole with 3 antennas and 3 RRU's per sector, 2 microwave dishes, 5 surge suppressors, 3 hybrid cables, and 2 GPS antennas. 2. LOCATION: A 50' x 50' leased area located on a acre parcel within the SE¼ SW¼ of Section 23, Township 33 North, Range 57 East, M.D.B. &M. Physical address is 2760 Lamoille Hwy., Spring Creek, NV BACKGROUND INFORMATION: APN: D-011 Current Zoning: Light Industrial Owner(s) of Record: John and Christine Dinsmore Previous Applications on Property: COZ, C-2 to LI, Feb COZ, OS to C-2, Feb 1982 Size of Property: Access: SR 227 Master Plan Spring Creek Lamoille Master Plan, Plan Area 2 Comments: Attached as received Flood Zone: Zone X, 32007C6125E Page 1 of 13

2 4. PROJECT IMPACTS: A. THE PROPERTY IS ADEQUATE IN SIZE AND SHAPE TO ACCOMMODATE THE PROPOSED ACTIVITY. The parcel is acre in area and is adequate for the proposed. The proposed location is the northwest corner of the parcel. B. STREETS AND/OR ROADS IN THE AREA WILL BE ADEQUATE TO ACCOMMODATE THE PROPOSED ACTIVITY: The parcel is accessed directly from Lamoille Hwy. (SR 227). The 50 x 50 leased area will be serviced by a private driveway construction details agreed upon the lessor and the lessee. Page 2 of 13

3 C. THE EFFECT THE APPLICATION WILL HAVE UPON THE HEALTH, SAFETY AND GENERAL WELFARE OF THE AREA: The proposed facility will improve cell phone coverage in the area 1. The lease area located in the northwestern corner of the parcel will be accessed by a private 15 wide private gravel access road. 2. Verizon is leasing a 50 x 50 area that will be surrounded by a chain link fence containing the following equipment; a diesel generator, an 11 x 16 equipment shelter and a 120 Mono-pole communication tower. The communications tower will 3 equipment sectors with 3 antennas and 3 BRU s per sector, 2 microwave dishes, 5 surge suppressors, 3 hybrid cables, and 2 GPS antennas. 3. The fenced enclosure is fifty feet by fifty feet (50 x 50 ) and is designed for colocation by other carriers. At the southern parcel line and adjacent to Lamoille Hwy. (SR 227) is the home of the parcel owner, a veterinary clinic home and a barn. 4. The leased site is approximately 1,145 distant from Lamoille Hwy., SR The next closest developed residence is approximately six hundred fifty feet (650 ) to the east of the monopole. 6. Distance to the monopole from the property owners home on which the communications site is proposed is approximately one thousand feet (1,000 ). 7. Pleasant Valley Estates is located directly across Lamoille Hwy. (SR 227) from the requested parcel. 8. Once construction is completed there will be no daily traffic. Maintenance traffic and fueling services will be on an as needed basis. The site will not be staffed. Page 3 of 13

4 9. The location of the monopole is approximately one hundred fifty feet (150 ) to any property line for a 120 tall monopole and is adequate. 10. The 48k VA diesel generator will be mounted on a concrete slab and served by a 210 gallon diesel fuel tank. 11. One vehicle will visit the site once every 2-3 weeks for maintenance. 12. The monopole will be painted or so designed to blend into the surroundings. 5. CONSISTENCY WITH EXISTING ZONING: A telecommunications site is considered as a conditional use in all zoning districts. 6. STAFF COMMENTS: A) There will be minimal traffic while under construction. Once construction is completed, there will be traffic on an as needed basis for inspection, fuel deliveries and repairs, typically one trip by pickup every 2-3 weeks for maintenance. B) Enhanced cell coverage will increase the level of safety for residents, businesses and travelers. The ability to contact emergency responders is a vital service to the community. This tower will alleviate an area of poor coverage and inadequate capacity within this service area which causes reoccurring lost calls and ineffective service. C) The tower height is 120 and is located in a scenic area. For this reason, lighting in the form of shielded aircraft avoidance lighting should be discussed with the view shed taken into consideration along with the Air Ambulance needs. D) Prior to the completion of this report comments have been solicited from the following agencies. If comments are received, they will be incorporated into this report. Elko County Managers Office Elko County Fire District Page 4 of 13

5 Elko County Sheriff s Office Elko County Highway Department Elko County Public Works Elko County Building & Safety State of Nevada DOT Summit Air Ambulance Spring Creek Association 7. STAFF RECOMMENDATIONS, FINDINGS AND CONDITIONS: Based upon the above stated analysis and findings, staff recommends Approval with the following conditions and restrictions. A) Conditional Use is subject to restrictions and conditions as outlined in Elko County Code attached at end of report. B) All necessary permits for the proposed shall be obtained prior to improvements being made on the site. C) At the time of development shall comply with all of the provisions of NRS, Federal Codes, Elko County Codes, and the uniform building Code or applicable Building Code for the development criteria that pertain to the proposed development. D) At the time when the communication antennas and related equipment including the monopole as part of application # are no longer in use, viable for use or necessary for the business of the applicant or any future owner, they are to be removed at the owners expense. E) Future users within this proposed development must submit for review to the Elko County Division of Planning and Zoning adequate drawings and other needed information for additions to the monopole and placement/replacement of equipment within the site. If determined by Elko County Planning and Zoning Staff, additional users shall submit a new conditional use. Page 5 of 13

6 Basis for recommendation: The proposed cellular facility is needed to improve communication capabilities. The lease area is adequate to house additional. Enhanced cell coverage will increase the level of safety for residents, businesses and travelers. The ability to contact emergency responders is a vital service to the community. This tower will alleviate an area of poor coverage and inadequate capacity within this service area which causes reoccurring lost calls and ineffective service. Note: The recommendations of this report are based on the fact that prior to the completion of this report staff had not received any negative or adverse comments to the proposed. Should testimony from the public arise before or during the public hearing opposed to the proposed or providing adverse or contradictory information staff may withdraw its recommendations. Report prepared by: John W. Kingwell Supervisor, Division of Planning and Zoning Page 6 of 13

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10 4-9-6: CONDITIONAL USES: Certain uses, referred to in this Title as conditional uses, are declared to possess characteristics which require special appraisal by the Planning Commission in each instance, to determine whether or not the use is necessary or desirable and will be properly related to other uses and to transportation and service facilities in the vicinity, and whether or not the use would, under all circumstances of the particular case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. Page 10 of 13

11 (A) Procedure: Any use of property which is listed as or specified in this Title to be a conditional use shall be approved or disapproved as to zoning only upon filing an application in proper form and in accordance with the procedure hereinafter set forth. (Ord A, , eff ; amd. Ord D, , eff ) (B) Submission Of Application: A completed application for a conditional use permit must be submitted to the Department of Planning and Public Works at least thirty (30) days prior to the Planning Commission meeting at which the application is scheduled to be heard. (C) Action By Commission: A public hearing before the Planning Commission shall be held upon every application for a conditional use permit. (Ord T, , eff ; amd. Ord D, , eff ) (D) Limited Approval Of Conditional Uses: The approval of a conditional use may be made valid only for a specified term. The approval may be made contingent upon the written acceptance and continued observance of specified conditions, including, but not limited to any one of the following: 1. Substantial conformity to approved plans and drawings; 2. Time period within which the use authorized shall be brought into existence, failing which the approval shall lapse and be void; 3. Guarantees as to compliance with the terms of the approval; 4. Dedication of and improvement of streets and other public facilities; 5. Special yards planting, fences or walls; 6. Limitations on signs; 7. Limitations as to the time of day during which specified activities may be conducted. Once a conditional use is established, all of the conditions specified in the approval shall become Page 11 of 13

12 operative, and the violation of any of them shall constitute a violation of this Title. (E) Effective Date: The order authorizing a conditional use or disapproving the same shall be effective ten (10) days after the date of such order, unless a notice of appeal is filed within such a period of ten (10) days. (F) Lapse Of Approval: Unless a different period of time is specified among the conditions of approval, the authorization of a conditional use shall lapse and be void unless the use is established or construction necessary and incident to its establishment is started within six (6) months of the date of final action of approval. (G) Changes In Conditions: The Planning Commission shall receive, hear and decide applications to extend the term or to modify any condition imposed upon a conditional use, or upon a use established under a use permit issued prior to the effective date of this Title. Every such application shall be subject to the same procedure and regulations as set forth in this Section for a conditional use. (Ord A, , eff ; amd. Ord D, , eff ) (H) Hazardous Waste: 1. No conditional use application shall be granted for use of property for hazardous waste disposal, incineration or treatment or for use in the storage or management of hazardous wastes for treatment, incineration or disposal for which use a permit to operate such a facility is required from the State of Nevada or the United States. (a) "Hazardous waste" is defined as it is defined in NRS and includes any hazardous waste or constituents of hazardous waste which are subject to regulation under 40 C.F.R. 261, as in effect on July 1, This subsection shall remain in full force and effect until the earlier of the State of Nevada issuing regulations for operation of hazardous waste disposal and treatment and ending the moratorium on the issuance of State permits to operate facilities for the disposal, treatment and incineration of such Page 12 of 13

13 hazardous wastes, or repeal of this subsection. (Ord K, , eff ; amd. Ord D, , eff ) Page 13 of 13