Conditional Use Permit Basin Electric Squaw Gap Communication Tower

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1 Conditional Use Permit Basin Electric Squaw Gap Communication Tower Conditional Use Permit for the removal of two existing Application: communication towers and the construction of one, 290 tall selfsupporting, triangular based microwave communication tower to monitor and control regional transmission system. Township Recommendation N/A Staff recommends that the conditional use permit be recommended Staff Recommendation for approval based upon the findings in the staff report and the conditions as provided in the staff report. Hearing Date: September 14, 2015 Location: 754 ND Highway 16 N, Sidney, MT Description: A one acre parcel located in part of Gov. Lot 4, Sect. 19,T 147 N, R 103 W; and in part of Gov. Lot 1, Sect. 30, T 147 N, R 103 W. Owner(s)/Applicant: Owners: Myron & Ardehl Leland Applicant: Basin Electric Power Cooperative, Kevin Solie Existing: CP Land Use: Zoning: Setbacks: Lot Area: Setbacks/ Performance Standards: Agricultural Agricultural 75 from the center of a roadway 5 acres minimum Road Setbacks 1) The minimum setback for structures from the center line of county and township roads shall be seventy-five (75) feet. 2) The minimum setback for structures on all U.S. Highways shall be two hundred fifty (250) feet from the center of the road. 3) No visual obstructions higher than three (3) feet shall be allowed within one hundred (100) feet from each side of the intersection of roads under the county jurisdiction and within thirty (30) feet of each side of the intersection of driveways, approach roads and county roads. 1

2 Findings of Fact: 1. All requirements for public notification have been satisfied. 2. Staff has not received any phone or written comments on the proposal. 3. Staff has not received any comments from any adjacent property owners. 4. All affected State agencies have been notified of the project and have received their respective project applications. No objections to the project have been provided by the applicable State agencies. 5. The project is not located within a Township. Conditional Use Permit Criteria: No conditional use permit shall be recommended by the Planning Commission or approved by the County Commission unless the applicant shall have met all the following criteria: a. The establishment, maintenance, or operation of the conditional use shall not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposal is not located adjacent to any residential areas or temporary housing facilities. The vicinity is Agricultural use. Communication Towers are a conditionally allowed use in the agricultural zone. b. The proposed conditional use shall not substantially impair or diminish the value and enjoyment of other property in the area. The area was previously planned and zoned for Agricultural use and should not adversely diminish property values. c. The proposed conditional use shall not impede the normal orderly development of the surrounding property. Refer to response to item b. above. 2

3 d. Adequate utilities, access roads, drainage or other necessary site improvements have been or are being provided to accommodate the proposed conditional use. The project will use an existing gravel approach, approved as commercial by NDDOT, off of State Highway 16. e. Adequate measures will be taken to provide ingress and egress to the property without adverse effects on the adjoining properties and traffic congestion in the public street. The project will use an existing gravel approach off of Highway 16 and extend a gravel approach and access driveway 300 and approximately ½ mile approach. f. The proposed conditional use shall conform to all applicable regulations of the district within which it is located. The proposed use is a conditionally allowed in the Agricultural district and, as proposed, will not conflict with the performance standards provided in the agricultural district. 3

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5 Comprehensive Plan Consistency: The subject land area is designated in the land use plan as Agricultural. Suggested Motion: Recommend approval of the conditional use permit to the County Commission to allow a Microwave Tower and ancillary use. Adopt the findings and conditions as provided in the staff report. Conditions: 1. The applicant shall post the address and street name clearly on site (4 x8 sign). 2. The applicant shall maintain roads and spacing for emergency vehicles to be able to access and maneuver around the unit in all types of weather. 3. The applicant shall obtain a building permit for the proposed structures within the proposed development. 4. The applicant shall not deposit any snow or water onto neighboring properties and dispose of storm water onsite through an approved engineering method. Additionally, the applicant shall design the storm water and culvert system to convey a 25 year event. 5. The applicant shall submit for approval an updated exterior site plan that incorporates fencing and security lighting to be approved and placed in the file as part of this request. 6. The applicant shall maintain adequate weed control. 7. The conditional use permit will be reviewed annually to ensure compliance with the listed conditions. 8. The applicant shall allow space for a dish to be used by emergency services. 9. The applicant s tower shall be constructed to fall on their own site without damaging neighboring properties. 10. The access road shall be built to county standard. 5

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