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HomeMy WebLinkAboutpitkin.boa.08.11DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN AL')L' bF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORBER Summary Sheet Resolution for the BOCC and/or Pc&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) Parcel ID: 2465-15-3-00-005 Application Date: 7/10/08 Case No: BOA010-08 Description: Crown Point Communications Site Height Variance Access #BOA11-08 Project Address: 2500 STONE RD, BASALT, CO 81621 Property Owner: PITKIN COUNTY Address: 76 SERVICE CENTER RD Owner's REP: ALAN RICHMAN REP's Email: ASPEN, CO 81611 Address: PO BOX 3613 ASPEN, CO 81612 Planner: # Copies: Allocated Hours: Over Hours: Owner Phone: (970) 920-5070 REP's Phone: (970) 920-1125 Referrals: Comments Due Date: Other Referrals: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 08/07/2008 Review Body: boa Public Hearing? yes Notice Date: 07120/2008 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: Plat Recorded Date: VR Expires Date: Plat (Bk, PG): Remarks: BOA #11-2008 #554014 Application Type: /~ y RESOLUTION OF THE PITHIN COUNTY, COLORADO BOARD OF ADNSTMENT GRANTING A HEIGHT VARIANCE TO THE PITHIN COUNTY CROWN POINT COMMUNICATIONS FACILITY Resolution No. 11-2008 WHEREAS, Pitkin County, holder of a Bureau of Land Management (BLM) Right-of--Way at the top of Stone Road on Crown Mountain, is requesting three height variances for the construction of 3 communication towers. One height variance of 36.5 feet for the construction of a 76.5 foot high communication tower where forty (40) feet is allowed and two height variances of 11 feet for the construction of two additiona151 foot high communication towers where 40 feet is allowed and; WHEREAS, the Right-of--Way contains 15,000 square feet and is located in the RS-30 zone district; and WHEREAS, the area of the Right of Way is described in Exhibit A; and WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Boazd of Adjustment makes the following fmdings: 1. Proper notice procedures, including the notification of all adjoining pmperry owners, has been shown by the applicant. 2. The required hazdship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfaze and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Boazd of Adjustment, that one 36' 6" height variance, and two 11' height variances be granted for the construction of 3 communication towers as shown on Exhibits B and C due to the narrowness and steepness of the site. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Boazd of Adjustment of the County of Pitkin, State of Colorado. DATED: eptembe , 2008 ATTE an Pearson, Date County Zoning Officer Pazcel ID# NO PARCEL m DO(l('01 °~ ~]~ The Board of Ad' ent of RECEPTION#; 554014, 11!03!2008 at 03:48:57 PM, t OF 4, R $0,00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO Pi Co ,Colo 0 O~~/~ 'c ead, Date Co-Chairperson Exhibit A Legal Description Being a pazcel within a portion of the Southeast quarter of Section 15, Township 8 South, Range 8 West of the 6`~ P. M. County of Pitkin, State of Colorado, being more particulazly described as follows: Commencing at the South Quarter of said Section 15; thence, along the West line of said Southeast Quarter, N00°29'42"E, 1068.69 feet; thence S89°30'18"E, 501.65 feet to the point of beginning; thence N52°55'24"E, 150.00 feet; thence S37°04'36"E, 100.00 feet; thence S52°55'24"W, 150.00 feet; thence N37°04'36"W, 100.00 feet to the point of beginning. Containing 15,000 sq ft or 0344 acres more or less. 0(~U'.;OG ~ / ~/ i ~~ , jam/ ,~~~_ i ,~ / '//i 'i;l °~"° i / /; /ii l~i// / -- /%i /~. /r /%'/, '//~i/ ~~ / / /// / .~ / ~~ /h, R9 US ,/ ~ ~/ '/ / / / . 5065 ~ ~ ^~ D / / >- ~=- _-==>~ ~ ~ ~/~~/ je j, / /~ // ENLARGED SITE PLAN // , i :\~~\\~ PITFUN COUNTY PUBLIC WORHS ]6 SERVICE CENTER ROPO ASPEN.CO 81611 ~~~d ~~, ~~~dj i%%/ /~jj i // /~~ j ' : i /~ ~/~' / i i i ~~ ~ ~~ j~~~; , ~i%' ~~ / 3,~, m ~ ENIAC R ~T7 ~Ll '+'~LG N'.I'i' b;tL!' L '~~'~1~1~ ~ J / aum MAY 20, 2008 %~ w _ _ JWN POINT cELwuR FACILm a""~ Z~ OOv'~03 m. ;;.. ~ o ; ~ 8 z O ~ o0 Nro a '~li& ~~i ~tr~rii' a>~o =~~w~ i i i i i i i i i i i i i a » ~# r. N ° , , ,~stF~y~ ~ ~ ~ m w o s ~ 1 3 wLL o - ~ . ~ ' ~ r~'~- ~ ~ u a o a I I I I I I I I I I I I I ~ U i6 ~ , g~ a ~ ~ z 0 W J W N. ¢a Sq O~ W ~d {{4 O~! Z O F- 6 W J W !~, ~. ~~ ~e Sg `~~ °~ ~_ l (~ i' ~% ~~ M1N UTES of the September 9, 2008 Pitlun County Board of Adjustment Meeting Members Present: Jim Rifkin Jamie Brewster-McLeod Patrick McAllister, Co-Chair Rick Head, Co-Chair Michael Cooper Members Absent: Bob Throm Staff: Joanna Schaffner, Zoning Officer and acting secretary Susan Pearson, Zoning Officer and acting secretary Head opened the meeting at 5:30pm. CASELOAD: Case # 11-2008 ..$dk~r~oinnty -Communication Facility Crown Point -Top of Stone Road Land use planner, Alan Richman and project manager, Donald Mitchell were present to represent the applicant in the request for a) a 36.5 foot Height variance, b) an I 1 foot height variance and c) an 11 foot height variance, where a maximum height of 40 feet is allowed, to erect three cell towers on this 15,000 squaze foot lease pazcel in the RS-30 zone district. The Affidavit of Posting was submitted. There were no members of the public present to comment on this application. Richman showed the Board a site plan of the 100' x 150' lease pazcel sun•ounded by BLM lands. The site consists of a narrow, flat bench which drops off precipitously on all sides. The existing facility is 750 feet from the last house on Stone Road. The site can be seen from Emma and Sopris Creek Road. He explained that this site has been a communications site since the 1960's. Today, there are four towers 50 - 60 feet tall and a 120 sq ft, old building. Cell phone, radio, TV, and 911 service all rely on these facilities. The County needs to replace and update all of these facilities with three new modern towers and a new support building. Richman showed the Boazd photo simulations of the proposed facilities and how the towers would look when viewed with the naked eye from the valley floor between CitiMazket in EI Jebel and Emma. This plan has been approved by the BOCC and is ~~Q~o supported by the Emma/Basalt caucus. A height variance is necessary to accommodate multiple users to comply with the county's requirement to co-locate. He pointed out that the 40 foot height limitation is not a limitation from the Area and Bulk requirements of the Land Use Code, rather it is established in the Cell tower section of the code, and was intended to be a limitation that would be compatible with surrounding residential development. Riflcin asked if there were any objections in any of the previous hearings. Richman responded that the Emma/Basalt caucus supported the application because of the important nature of the facility, and Stone Road home owners also supported the application. Riflcin made a motion to approve the application due to the narrowness and steepness of the site. Cooper seconded the motion, and it passed 5-0. Case #12-2008 Elk Mountain Lodge, LLC Rooney Circle FKA 10800 Castle Creek Road Due to a conflict of interest, McAllister excused himself from the room and will abstain from voting on this application. Tom Newland was present to represent the applicant in their request fora 3.5 foot Height variance where 6 feet is allowed within the Front Yard and Major Road setbacks to relocate a driveway. The parcel contains 52 acres and is located in the AR-10 zone district. The Aff davit of Posting was submitted. There were no members of the public present to comment on this application. Newland explained how the former lodge is now asingle-family residence. He distributed photos of current conditions and explained how the existing driveway is hidden from the approach on Castle Creek Road. The plan is to abandon and revegetate the existing driveway and relocate it to create better site distances. The proposed location has a man made depression, or perhaps a ditch, and a 2:1 slope where the county road drops off to the site. The applicant wishes to eliminate the 2:1 slope and make the slope more gradual. Also, by raising the grade, the driveway will be at the same level as the road for the first 20 feet, which is also a county code requirement. This will necessitate a variance on the downhill side of the driveway where re-grading will exceed the 6 feet allowed by the code. Newland submitted the amended land use approval to the Board. Cooper stated that he did not see any negative impacts with the request and made a motion to approve the application due to unusual topographic conditions. Brewster- McLeod seconded the motion, and it passed 4-0 with McAllister abstaining. ~~~ '~Q McAllister re-entered the room. Case # 13-2008 Sturtz, Paul and Linda Parcel 6, Sopris Mountain Ranch West Sopris Creek Road Alan Richman was present to represent the applicants in their request fora 22.5 foot Reaz Yard setback variance and a 37.5 foot Rear Yard setback variance where 50 feet is required on this 52.16 acre parcel, to construct a residence and a detached gazage respectively, due to a physical hazdship. The Affidavit of Posting was submitted. There were no members of the public present to comment on this application. Michael Doyle was present representing a neighbor, but did not speak. Richman presented to the Board a site plan showing how the subject site is bisected by the County Road. Most of the lot is a lazge open meadow below the road. The 1.2 acre building envelope is on the opposite side of the road and was chosen to preserve the open meadow (a requirement of the HOA) and to meet the county requirement that the house not break the skyline as viewed from West Sopris Creek Road. He stated that the HOA supports this location. McAllister made a motion to approve the application due to topographic conditions. Rifkin seconded the motion, and it passed 5-0. Case # 14-2008 Barnhardt, George 1000 Dorais Way Redstone The applicant was present to request a 30 foot Front Yard setback variance where 30 feet is required on this 2.22 acre parcel in the RS-30 zone district. Pearson corrected the acreage indicated on the agenda. The Affidavit of Posting was submitted. There were no members of the public present to comment on this application. Peazson relayed messages from neighbors, Hall and Engstrom. Pearson spoke with Hall, who stated that he did not think a house constructed on the front lot line would look awkwazd and not be consistent with the neighborhood. He asked for more information and more review. Schaffner received an email from the Engstrom Family Trustee, Nicholas Ziegler, who has not had an opportunity to discuss this with the Family and felt that they did not have enough time to evaluate the request and asked that the case be tabled. Schaffner added that two neighbors called and reported that they didn't get their Public Notice until today because one was out of state and the other was on vacation. ~~~°'.~~ McAllister asked staff if Public Notice was made in an adequate way, to which Schaffner responded yes. The Boazd concluded that if the proper procedure was followed the application should be heard tonight. Burnhazdt showed the Board a site plan depicting a long, narrow lot adjacent to the Crystal River. The distance from the building envelope /front lot line to Dorais Way is 54 feet; providing a natural setback from the road. The building envelope on the lot is pushed forward to keep development off of the steep slope that drops down to the river. The remaining building envelope is 26 feet wide. McAllister asked if this building envelope was approved by the County. Yes. The 1041 approval will expire in November. Rifkin made a motion to approve the application due to unusual topographic conditions. Head seconded the motion. Brewster-McLeod pointed out that the variance should be for the house alone, since the garage appears appropriately set back. The vaziance should not be for the entire length of the lot. Riflcin amended his motion to state "for the house alone". When measured, the overhang of the garage extended into the 30 foot Front Yard setback. Peazson noted that the Public Notice was made for the house, not the garage. Rifkin amended his motion to include the garage overhang. He made a motion to approve the application due to unusual topographic conditions as per the plans submitted. seconded the motion and it passed 5-0. Case # 15-2008 Stanwood Metropolitan District 121 Stewart Drive Stanwood Subdivision Architectural designer, David Panico, and attorney, Paul Taddune, were present to represent the applicant in their request fora 71 foot Front Yazd Setback variance where 100 feet is required on this 34 acre pazcel in the RS-20 zone, to construct an office building for the District. Panico explained that although a Public Notice sign was posted for the review of the building envelope, a sign was not posted for this Boazd of Adjustment meeting. Schaffner stated that the case cannot be heazd without proper notice. Taddune stated that the applicant wished to "get into the ground" as soon as possible and asked the Boazd if they would hold a Special Meeting as soon as posting could be completed. After discussion, and since there would be no October meeting, Ritkin made a motion to table the application to Thursday, September 25 at 5:30pm. Rifkin, Cooper, and Head thought they could attend, Brewster-McLeod could not, and McAllister was not yet sure. Cooper seconded the motion and it passed 5-0. Case # 16-2008 Olson, John 1444 Lower River Road AKA Lot 2, R&O Subdivision Head explained that he had a conflict of interest in this application and left the meeting. The applicant was present to request an 82 foot Front Yard setback variance and a 32 foot Collector Street setback variance where 100 feet and 50 feet respectively are required on this 24.88 acre pazcel in the AR-10 zone district, to allow three existing loafing sheds to be permitted. The Affidavit of Posting was submitted. There were no members of the public present to comment on this application. Olson apologized and said that he didn't know permits were required for these structures when he built them one year ago. He explained that he has received other variances to develop a house and barn within his building envelope, which is a narrow bench between Lower River Road and a slope down to the Roazing Fork 100 yeaz floodplain. He stated that the corner of the existing barn is only 19 feet off of the edge of the pavement. He showed a site plan and photos of the site and existing sheds, noting that they don't look good because "we had to stop work". The sheds aze approximately 5 feet outside of the building envelope and were located to protect the horses from wind and sun. The sheds could be moved into the envelope, however, the comer posts are poured concrete. Also, if the sheds were moved to within the envelope, it would create an azea between the shed and the fence that would be dangerous for the horses. Rifkin expressed that he found this a difficult decision since the structures aze already constructed. It's not so much a topographic hardship as it is a financial one to remove them. McAllister asked if the Boazd would have been likely to approve the vaziance had it been requested prior to the sheds being constructed. Brewster-McLeod measured the setbacks and showed the Board that almost the entire building envelope is located within the 100 foot setback. Brewster-McLeod asked for staff s opinion. Schaffner responded that it was not appropriate for staff to comment; the Boazd needed to determine if a hardship existed. Discussion ensued. Schaffner stated that if the variance is approved, the envelope still had to be amended, but the envelope needn't be amended if the variance isn't granted. In terms of process, staff opted to send the applicant to the Boazd prior to amending the envelope. McAllister made a motion to approve the request due to topographic hardships. Rifkin seconded the motion, but disagreed that the hardship was topographic. Brewster-McLeod said that she would approve the request if the building envelope were changed. Rifkin did not see any detriment to the public, but was also troubled by the structures being outside of the building envelope. This was a threshold he couldn't cross. Olson requested the Board table the application until the building envelope was amended. McAllister made a motion to table the application to Monday, November 3, 2008, at 5:30pm. (Riflcin cannot attend.) Brewster-McLeod seconded the motion, and it passed 4-0, with Head abstaining. MINUTES: There were no minutes to review from the August meeting. There being no further business, Riflcin moved to adjourn the meeting. McAllister seconded the motion and the meeting was adj oumed. *************x************sr*a****x*************t***~*s*******+********* Respectfully submitted, Joanna Schaffner, Acting Secretary Date 'ck Head Co-Chair ~ - ~~-~~ Date ~~~~~~~ '" PIT>raN COUNTY BOARD OF ADJUSTMENT Application Form DATE (4 G REPRESENTATIVE /~ ~ Can I<," c, ~ tin M PHONE ~ ~ ~ 112 E-MAiI_, /~ ~ ~ c ~ vwcz.,.,.~ ~ o~ ~ s , E~ ~ ~- FAx ~ (~ - 112 ~~ MAILING ADDRESS ~. ~. L`~'X ?~ ~ ~~ A-~ ~~_ `~ I Z- OWNER MAILING ADDRESS LEGAL DESCRIPTION SUBJECT PARCEL PARCEL ID # ~/~ LOT SIZE SIGNATURE (To be completed by the Zoning Department) CASE #~ g Requesting: ~ ~~` ~ ~ ~~~ ~ -~ ~ , j v c~ r- ~ C<_, ~u24-~~ ' Front Yazd Setback Variance, where ' is required. ' Reaz Yard Setback Variance, where ' is required. ' _ Side Yazd Setback Variance, where ' is required. ' _ Side Yazd Setback Variance, where ' isrequired. O ~' Height Variance, where ~' is allowed '! ~_,~ /,-- Commenrg<.~.j ~ .~ c a ~ ~/ c, ~ i a ~,,, .- ~ ~ > o~~ 9 ~ () ~ l o aQ0 0 ~ ,~ Application filed ~~ ~i `'f G ~~ Refer to Date of Meeting `( `L o ~{ Notices Mailed q~ -S'~9o 8/~~I DISTRICT ~S - ~jU Zoning Official ~i.!,i~//- ~Ji~ 6 Secretary ~~J~~1 Joanna Schaffner From: Suzanne Wolff Sent: Wednesday, August 13, 2008 4:28 PM To: Joanna Schaffner Cc: Susan Pearson Subject: RE: Crown Mountain Communications site. BOCC granted approval today. They do have antennae on the other 2 towers, so they both exceed 40'. Alan now has the technical drawing that has the detail on the heights, so he can submit that to you for BOA. But I assume you will need to renotice since the request has changed. I'm sure Alan will be in touch. -----Original Message----- From: Joanna Schaffner Sent: Tuesday, August 12, 2006 12:59 PM To: Suzanne Wolf£ Subject: RE: Crown Mountain Communications site. There is no mention of a 16'+ antennae on top of the 60 foot tower. -----Original Message----- From: Suzanne Wolff Sent: Tuesday, August 12, 2008 12:99 PM To: Joanna Schaffner Subject: RE: Crown Mountain Communications site. SO Z'm assuming they didn't represent that additional height in their variance request... I also think they have antennae that project above the two 40' towers. I'm meeting with the architect for the towers before the BOCC meeting, so will confirm. BOT may be that they need additional variances... -----Original Message----- From: Joanna Schaffner Sent: Tuesday, August 12, 2008 11:38 AM To: Suzanne Wolff Subject: RE: Crown Mountain Communications site. I would say that since there is no roof associated with a tower, there is no additional allowance for antennae, as there is in the definition of "building height". Since it says "maximum permitted height", I take that to mean to the top, pursuant to our definition of "height". Therefore, 90 feet means 90 feet to the top, and that's from the most restrictive grade. -----Original Message----- From: Suzanne Wolff Sent: Tuesday, August 12, 2008 11:12 AM To: Joanna Schaffner; Lance Clarke Subject: FW: Crown Mountain Communications site. Code states that max height for freestanding tower is 40'. No mention of antennae or other projections above the tower. What do think is the intent? -----Original Message----- From: Temple Glassier Sent: Tuesday, August 12, 2008 8:28 AM To: Suzanne Wolff Subject: FW: Crown Mountain Communications site. FYI 1 ~~~;F~12 -----Original Message----- From: doni mitchell [mailto:donimitchell@trexarchitex.com] Sent: Monday, August 11, 2006 4:55 PM To: Temple Glassier Subject: FW: Crown Mountain Communications site. -----Original Message----- From: doni mitchell [mailto:donimitchell@trexarchitex.com] Sent: Monday, August 11, 2008 4:51 PM To: '9703792911@mmsOl.dal0.cbeyond.net' Subject: RE: Crown Mountain Communications site. Temple, The tower height will be 60 feet. A Whip antenna for Eagle County will project above that height 16'-6". This is a very thin antenna with low visual mass. This antenna was placed at this location to avoid interference with other antennas. The remainder of the antennas are all at or below 60 feet. Doni -----Original Message----- From: 9703792911@mmsOl.dal0.cbeyond.net [mailto:9703792411@mmsOl.dal0.cbeyond.net] Sent: Monday, August 11, 2008 3:35 PM To: doni mitchell Subject: RE: Crown Mountain Communications site. 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Em[ mDAUx B 4Y@ x•ex]E n nw ur - sXa ron IGAIG Ype•[N, abEEB --* $I~i IYN, $I/IOW A roue sELrox XBwewl msoEr emrnx Q f[MWM EOGIpN i 11TeN R fJ5 XF1EH 4 NRF YE1FA • IRFGroN CLi11RBt YNrE • MRX VµK PROPRIETARY NFORMATION 1bI lW 15E fP GELIWLR WISIX N.FIDX pCFPI xl[FP WIR[x fGA6NM A i ; C ~~' '~ a'@ Q~aai .~ >~~~~ ~ v~ x ^- 0 p0~ ~• Fx0 .OA O Q O ~~ 7p~m o~~o z~wz F j U a aa~Q w rn n ~_ U ~" = x Z' a C ~oot1: ~ g~ ~ oa F C ~..~ ~~ ~~tex Po< anvmxA rm~crr:oA PITKIN COUNN PUBLIC WORKS 76 SERVICE CENTER ROAD ASPEN, CO St61t M1E 65l£p MAY 20, 2008 oei[ i~ oao~ecr wNE CROWN POINT CELLULAR FACILITY PRNIN CAUNT~ COLORPDO ~7//~ f~L Z o1P .r 0 0 0 0 OWNERS ACKNOWLEDGEMENT THE APPLICANT HEREBY ACKNOWLEDGES HAVING BEEN INFORMED OF THE EXISTENCE OF ENVIRONMENTAL NAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF APPLICANT GATE BOARD OF COWITY COMMISSKNVER'S APPROVAL TNIS CROWN POIM CELLULAR FAGLITY SITE PLAN MAS BEEN REVIEWED AND APPROVED SV THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY THIS _DAV OF 2008, SUBJECT TO RESOLUTION NO_ RECORDED AS RECEPTION NO CHAIRPERSON REDORDING CERTIFlCATE THIS CROWN POINT CELLULAR FACILITY SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORA00, ON THIS _ DAY OF , 2WB, IN PIAT BOd(_ AT PAGE _ AS RECEPTION NO. CLERK AND RECORDER / /~~ , , . / , -~ ,;~ i m j j ,%/ ~ ~ 11 ~~~~~' /. ~ / A ~ i / /e~ / / ~~ s / LEGAL DESCRIPTION BEING A PARCEL MTNIN A PoRTION G THE SOUTHEAST QUARTER OF SEWON 15, TOWNSHIP 8 SOUTH, RPNGE 87 WEST OF 7HE fiRl P.M, CWNtt OF PRKIN, STATE OF COLIX+ADO. BEMC MORE PPROCUTARLY CESCRIBEO AS FOLLOWS COMMENCING Ai iNE SOUTH WAATER OF SNO SECTION 15; THENCE ALONG THE WEST UNE OF SND SOl11HfA4 OUAAIER, N0029'AYE, 1068.69 FEET; THENCE 589'JO'18'E, 570.65 FEET TO THE POWF OF BEGINNING; THENCE N5T55'24'E, 150.00 FEET; RIENCE SJTOA'J6'E. 10000 FEET; 11fNCE 55755'24Y1, 150.00 FEET; THENCE NJTOA'361Y, 100.00 FEET TO THE POINT Of BEGINNING. CONTNNINC 15,000 Al. FI. OR O.JN ACRES MORE OR LESS % i' ~.~G ~~ ~" / / j i~j i i , R~ /~~ / ./ i X b / / OWERP / /FA'TVpEO I%WS' fdMT /~~ // /./ / 4GOLE NOF ~ IYX1'I / EGLRIMf WILpW' D TlO' ///// //~ /. / / / ~ ~ /~yOS /t.' 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PER EECigI Q Y110Nb TOTAL ~~ .r a PR.~tlpED ~ HWM ~p6F pW+LRf TQIER TOWER OFF m I ENLARGED SITE PLAN 9TNP e ~rchitex 146 od son Sl,eal Der,.ar, co pasoe 3 O 3 3 B 8 2 9 1 p I°..~~o.w~r,'w re~e PWhCiFgi PITKIN COUNTY PUBLIC WORKS 76 SERVICE CENTER ROAD ASPEN, CO 81611 MTE ISSUED MAY 20, 2008 WiE PEVI510115 PROJECT NNE CROWN POINT CELLULAR FACILITY PITKW COUNTY COLORADO Z1 9O1Z «s . J J ~! C sr,~_ ~ C~ 3 VICINITY MAP l~> BCAiC. Y . 7pgD' STAMF Architex 116 Moals obi SlrcCl Le n. rr. CO A02G6 3 G 9 3 A A 2 9 1 8 oRAVRNCE. d.. R .. ~'.. a ..TM ,~ ~^.~ n. o.....e o..a.~o~.'O °":~:.: :~~. PROJECT FOR PITKIN COUNTY PUBLIC WORKS 76 SERVICE CENTER ROAD ASPEN, CO 61611 DATE 15S11ED MAY 28, 2008 DATE RE~ASIONS PROJELi NAME CROWN POINT CELLULAR FACILITY PRKIN COUNTY COLORA00 3D id1 cc If :14Jv~.~~ O txiscmg view rroposea view ~~~a~~20 , ~~ ~~~~r dax 3613 v4a~e.c. (lola~rada X1612 August 19, 2008 ~~ s~.~ ~~/~~ (s~o)szo-llzs ~~~~~ a~~..~ Ms. Joanna Schaffner, Zoning Officer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: VARIANCE APPLICATION FOR CROWN POINT COMMUNICATIONS SITE Dear Joanna, This is an application for a variance for the Crown Point Communications Site. The subject property is located along the ridge of Crown Mountain, on lands owned by the United States Government. As a result, Pitkin County has not assigned a parcel ID # or an address to the property. The application is being submitted by Pitkin County (hereinafter, "the applicant"). In 1999 the Bureau of Land Management (BLM) assigned to the County aright-of-way for an access road and communications site that had previously been held by the Basalt Community TV Association. Copies of the BLM decision making this assignment and the prior decision to grant access to the site for 50 years are attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services for purposes of this application. A letter from the applicant confirming this arrangement is attached as Exhibit #2. The applicant is requesting a height variance for each of the three communications towers proposed for the property. Amore complete description of the proposed variance follows below. Background The subject property is a small (100' x 150') rectangular area located in the RS-30 zone district on land that is owned by the Bureau of Land Management. The vicinity map included in this application booklet shows that the site is located just past the top of Stone Road, approximately 750 feet beyond the highest house within the West Sopris Ranch Subdivision. The property is accessed via an existing gravel road that extends past that house to the subject property. ~ ~? `.' 11 Ms. Joanna Schaffner August 19, 2008 Page Two An improvement and topographic survey has been prepared for this site. It shows that the top of this property is a very narrow (20' to 30' wide) flat area with slopes of less than 15%. The flat portion of the property has previously been improved with the access road and communications facilities. The remainder of the property drops off steeply in all directions from this ridge top, with slopes that are in excess of 30%. The property is currently improved with a small building (approximately 10' x 12' in size) and four communications towers and antennae. A picture depicting these improvements has been provided. The four towers are of varying heights, with the tallest being slightly in excess of 50' in height from its base to the top. These facilities are used today to provide essential communication services to residents of Pitkin County and Eagle County. The applicant proposes to remove all of the existing facilities and to replace them with three modern towers and a support building to provide radio and television service and cellular telephone service. Essential County public safety equipment will also be installed on-site. "Cellular telephone facility" and "Radio or TV transmitting station" are both uses allowed by special review in the RS-30 zone district. Therefore, the applicant submitted an application to the County for special review. That application was approved by the Board of County Commissioners at a public hearing held on August 13, 2008. A proposed site plan has been provided which depicts the development planned for the site. It shows that development will occur on the flat ridge top, in the same general location where the existing facilities now stand. Anew 900 sq. ft. building (20' x 45') would be built, with space for equipment for several cellular providers and for the essential county communications facilities. Three towers would be installed, two of which would be 40' high and one of which would be 60' high. Each tower would also have an antenna at the top. Therefore, Tower 1 would measure 76.5' while Tower 2 and Tower 3 would measure approximately 51' from the base to the top of its antenna (see elevations). There are two primary factors that determined the location of the proposed facilities. From a Countywide perspective, the facilities are proposed in this location so improved communications services (including basic radio and N broadcast services, cell phone services, emergency 911 services, and public safety communications services) can be provided to residents of this portion of Pitkin County and residents of Eagle County. From an on-site perspective, the facilities are proposed in the chosen location in order to avoid the steep slopes on the property to the maximum extent feasible. The application that was approved by the BOCC on August 13 (see resolution attached as Exhibit #3) complied with all of the standards of the Land Use Code except for the height limitation. Section 4-30-40 (g) (3) of the Code states that "The maximum permitted height for freestanding towers is forty (40) feet. The applicant is unable to comply with this requirement and is therefore requesting this variance from the Board of Adjustment. .a Ms. Joanna Schaffner August 19, 2008 Page Three Response to Code Standards Section 7-10-030 (c) (2) of the Land Use Code provides the standards by which the Board of Adjustment considers applications for variances, as follows: "Where, by reason of unusual narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the regulation, or by reason of unusual topographic conditions or other situation or condition of such piece of property, the strict application of any regulation would result in peculiar practical difficulties to, or undue hardship upon the owner of the property... ". In order to grant the Variance, the Board is also required to find that the relief can be granted to the applicant: "Without substantial detriment to the public good and without substantially impairing the intent and purpose of the Comprehensive Plan and the Land Use Code". With respect to the first standard, there are unusual situations or conditions causing practical difficulties or hardships for the owner. As described above, the site which the BLM has assigned to the County is extremely small, and can be characterized as a narrow ridge top that drops off steeply in all directions. The proposed facilities have been located on the only flat portion of the property. The applicant would like to make the maximum use of this site, since it will provide essential communications services for residents of the area. However, because of minimum separation requirements between some of the equipment (to reduce electromagnetic interference), it will only be possible to fit three towers on the site, where there are four towers today. This necessitates stacking of equipment on the towers (see elevations) and results in the need for the proposed height of the towers. The height is also necessitated by the function of the towers and the topography of the site, which requires the tallest tower to sit above the two smaller towers so it can broadcast in all directions and can avoid interference from the smaller towers. With respect to the second standard, this application will not cause any detriment to the public good. In fact, it is intended to serve the public health, safety and welfare by improving existing communications facilities and public safety equipment for this area. This application is also consistent with the intent and purpose of the County's Comprehensive Plan and the County's adopted land use policies. Section 1-60-360 of the Land Use Code establishes the County's policies with respect to telecommunications facilities. It states that: (1) the County's telecommunications needs should be addressed through a network of facilities that minimize the number of sites required; and (2) telecommunications facilities should be consolidated onto common towers and/or located adjacent to or on existing or proposed buildings. p~ , ~ :~ d9 li .. f~ J i ~ Ms. Joanna Schaffner August 19, 2008 Page Four The proposed Crown Point facilities are consistent with these land use policies. The facilities represent the re-development of an existing telecommunications site, not the establishment of a new site. Considerable effort has been undertaken to consolidate multiple users onto the proposed towers, to minimize the need for future sites, which will reduce the overall impact of new telecommunications facilities on County residents. The variance would also be consistent with the purpose and intent of the Land Use Code. The height limitation which is the subject of this variance application is found within a section of the Code that also imposes a minimum tower setback of at least 200' from surrounding urban or suburban residential districts. Therefore, it can be surmised that the primary reason for establishing a 40' height limit for freestanding towers was to ensure that an unusually tall tower was not placed in close proximity to an urban or suburban residential neighborhood. The site on which the communication facilities would be installed is located on top of Crown Mountain, which places it at a great distance from any urban or suburban neighborhood. In fact, the closest residence is located about 750' from the site, at the top of Stone Road. The residence is separated from the communications site by a minor topographic ridge, making the towers isolated from view from this residence. Photo-simulations have been provided in this application packet depicting the existing towers and showing how the proposed towers would appear from surrounding areas located within the Emma Caucus. These simulations demonstrate that the existing and proposed towers are not particularly prominent as viewed from this area using a normal camera lens and only become evident when a highly enhanced close-up view of the simulation is provided. Emma Road is located about 0.5 miles and E. Sopris Creek Road is more than 1 mile from the tower site, and they are also hundreds of feet in elevation below the ridge where the towers will be located. Therefore, the applicant believes that the intent of the Land Use Code and the Comprehensive Plan will be met by installing the towers in this remote location, which will tend to minimize their visual impacts, even though their proposed height would exceed the Code limit. Comments received from the Emma Caucus prior to the BOCC review of the application (see Exhibit #4) and from members of the public at the public hearing recognized the importance of these facilities to residents of Pitkin County and Eagle County and generally supported the project, despite the proposed height of the towers. ~~~~~~ r Ms. Joanna Schaffner August 19, 2008 Page Five Conclusion I have attached all of the other materials you require to process this application, including the completed application form, the list of adjacent landowners, the drawings documenting the variance request and the application fee. Thank you for your assistance while this application was being prepared and for your continuing attention to this matter. Very truly yours, ALAN RICHMAN PLANNING SERVICES ~x- e,--a Alan Richman, AICP ':~~i~'. i. ...y u EXHIBITS EXHIBIT #1 UNIT~TATES DEPARTMEN Enr of M r T OF THE INTERIOR ~P1 j tie BUREAU OF LAND MANAGEMENT 0 2p GLENWOOD SPRINGS RESOURCE AREA $ ~ P. O. Box 1009 Glenwood S ri CO 81602 q A ~ p ngs, ~4RCH ~'jee +i ~ las October 18, 1999 CERTIFIED MAIL Z 38 6 418 822 RETURN RECEIPT RE QUESTED Pitkn County Attn: John Dady X30 E. Nlain St. Suite 20 1 Aspen CO 816! ] DECISION Assignment Approved Application COC-22082 IN REPLY REFER TO: 2860 (CO-078) COC-22082 Right-of-way COG22082 was wanted to Basalt Community TV Association (BCTVA) on August 6, 1975, for a communication site and access road on and across public ]ands. On September 29, 1999, the Bureau of Land Management received an application from Pitkin County Translator Department (PitJtin County) for the assignment of said right-of way. The application is supported by an Agreement dated Febmary 5, 1980, assigning and transfen'ing all right, title and interest in the communication site from BCTVA to Pitkin County. Said right-of-way Brant authorizes use of public ]and in Section 15, T. 8 S., R. 87 W. of [he 6th Principal Meridian, Pitkin County, Colorado. By accepting assignment of this right-of-way muhoriza[ion Pitkin County agrees to be bound by the terms, conditions, and stipulations of the original grant. The Bureau of Land Management has discretionary authority to au[hori 2e the proposed right-of-tvay assignment under Title V of the Federal Land Policy and Management Act as amended. Please refer to the BLM serial number COC-22082 wheh conespunding with this office in relation to this application. On receipt of this decision you have 30 days [o exercise the right of appeal to the Board of Land Appeals, Office of the Secretary, in accordance with the regulations at 43 CFR 4 400. If an appeal is taken you must follow the procedures outlined in the enclosed Form CSO 1840-3, Information on Taking Appeals to the Board of Land Appeals. The appellant has the burden of proof to shuw that the decision appealed from is in en'or. Nlichael5. Nlottice Area Manager F.nclosurc Fonn CSO 1340-3 UUi,~ r~ 76 Service Center Road ~ Aspen, Colondo 8161 I (910)920-5390 ran 920-5374 EXHIBIT #2 Ms. Joanna Schaffner, Zoning Officer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: VARIANCE APPLICATION FOR CROWN POINT COMMUNICATIONS SITE Dear Ms. Schaffner, I hereby authorize Alan Richman Planning Services to act as Pitkin County's designated representative with respect to the application being submitted to your office for the Crown Point Communications Site. Mr. Richman is authorized to submit an application for a height variance for one of the planned communications towers. He is also authorized to represent us in meetings with Pitkin County staff and the Board of Adjustment. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. Sincerely, t1~t'..ta3 i • EXHIBIT #3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE CROWN POINT COMMUNICATIONS SITE SPECIAL REVIEW, ACTIVITY ENVELOPE AND SITE PLAN REVIEW Resolution No. -2008 RECITALS Pitkin County ("Applicant") has applied to the Board of County Commissioners of Pitkin County ("BOCC") for Special Review approval to replace the existing Crown Point communications facilities with new facilities, including a 900 square foot support building, three towers, a power generator and a propane tank. The existing facilities provide public communications facilities for Pitkin County and Eagle County (emergency services and public safety) and all of the fire districts in the valley, and translator services for 8 radio stations and 5 television stations. The new facilities will continue to serve all of these uses, and in addition have been designed to accommodate 2-3 private cellular telephone service providers. The Applicant is also requesting designation of an Activity Envelope and approval of a Site Plan for the new facilities. 2. The property is located at the top of Stone Road on a parcel of land leased from the BLM; the parcel is located in Section 15, Township 8 South, Range 87 West of the 6'h P.M. 3. The lease parcel is zoned RS-30 and contains 15,000 square feet. 4. The BOCC heard this application at a duly noticed public hearing on August 13, 2008, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the proposal is consistent with the applicable criteria in the Land Use Code. 6. The BOCC further finds that the redevelopment of the existing communications site is necessary for the public health, safety and welfare, in order to improve the public communications facilities that are accommodated on the site. 7. The BOCC further finds that it is more appropriate to redevelop the existing site than to develop a new site, even though the new facilities will have a greater visual impact as seen from the Emma area and from Highway 82. 8. The BOCC further finds that it is appropriate to accommodate private cellular telephone service providers on the new towers, even though it will further increase the visibility and height of one of the towers, in order to accomplish the County's goal of co-locating telecommunications facilities in an effort to avoid the establishment of new facilities in undeveloped locations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval for the redevelopment of the Crown Point Communications Site, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in the application and public meetings. J V ~ J ~ r/ Resolution No. _-?008 Page 2 C~ 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application may not be permitted under building and zoning regulations. 3. All development associated with the facility shall occur within the activity envelope. 4. Prior to building permit application, the Applicant shall be required to submit for approval by the County Attorney and Community Development Director a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Mylar copy of the plat shall be signed by the owner prior to submittal for recording. The plan shall also incorporate the following changes: A. Add notes to the plan to identify areas within the activity envelope that will only be used for construction staging and disturbance and revegetation. B. Add an access envelope along the existing driveway. 5. All areas disturbed by construction of the facilities shall be re-vegetated with native shrubs and grasses within one growing season of the project's completion. Any vegetation which is disturbed during construction shall be restored to its original condition. Planting used for restoration shall be similar to the existing vegetation in the area. Applicant must adhere to use of Pitkin County Seed Mix for re-vegetation of area. 6. Prior to issuance of a building permit(s) for the facilities, the Applicant shall: A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. B. Submit a construction management plan for review and approval by the County Engineer. C. Submit proof of outdoor rated, fire retardant treatment for/of the towers, including, but not limited to, specific treatment MSDS and maintenance/reapplication schedule for approval by the Community Development Department and Basalt Fire Marshal. D. Enter into an agreement with the Stone Road Association to participate in the maintenance of Stone Road. 7. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the envelope. The fencing shall remain in place until issuance of a Letter of Completion. 8. No advertising sign or logo shall be permitted on any of the equipment associated with the facility. 9. The Applicant, owner, or operator of the facility shall maintain, at all times, a sign mounted on the equipment shed, showing the operator name, site number and emergency contact number. The sign shall not exceed three square feet in size, meet the requirements in Section 7-60-50(a)(d)(e) of the Land Use Code, and shall be placed on the west end of the equipment shed. ] 0. Towers One, Two and Three may only exceed 40 feet in height if a height variance is approved by the Board of Adjustment. This approval does not assure approval of a variance. The maximum ~~v:,.~1 Resolution No. _-2008 • Page 3 permitted height shall be measured above the natural or finished grade, whichever is most restrictive, and shall include any antennae or other projections. 11. The equipment building shall be designed and painted a color to blend with the surrounding environment and shall be substantially consistent with the image provided in Exhibit B. Material samples shall be submitted to the Community Development Department prior to issuance of the building permit. The towers shall be charcoal gray with a dull, non-reflective surface. 12. All equipment associated with the facility, including HVAC and/or ventilation must comply with the noise ordinance specifications as described in the Pitkin County Code, § 6.36.030. Ventilation fan exhausts shall be located so they are not on a side of the building that is adjacent to a residence. 13. The facility shall operate at all times in compliance with all Federal Communications Commissions (FCC) standards for Radio Frequency Radiation (RFR) emission levels. Access shall be provided upon request to Pitkin County to conduct an independent RFR emission study to ensure that the tower equipment is operating within those FCC standards. If said emissions exceed safe RFR emissions standards, as defined by the FCC, then said emissions levels shall be remedied by the property owner within five (5) working days of notice by Pitkin County. Such remedy shall be confirmed within those five (5) working days by independent RFR measurement at the facility owner's expense. If the remedy is not available within 5 days of notice by Pitkin County, the equipment generating the excessive RFR emissions shall be turned off until a remedy is operational. 14. Exterior lighting associated with the telecommunications facility, if needed, shall be limited to one (1) small, covered light above the entrance door(s) of the equipment shed and will meet all Lighting Code Standards as outlined in the Pitkin County Land Use Code §7-20-140 and all Building Codes as specified by the 2005 National Electrical Code (NEC). 15. The Applicant shall comply with all requirements of the Basalt and Rural Fire District regarding fire safety which may include either installation of an automatic fire extinguishing system and/or installation of a remote monitoring system, and/or such other compliance techniques, subject to the review and approval of the Basalt Fire Marshal prior to the issuance of building permits for the project. 16. To mitigate impacts to wildlife: A. No construction shall be permitted from December 1 through April 30. B. Dogs shall be prohibited on the site. 17. The Applicant shall comply with the following standards for Development in a Severe Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): ]) Within 15' of all facilities, including the building, towers, auxiliary generator, LPG fuel tank and power pole with transformer, the area should be of primarily noncombustible hardscape surfaces. Woody vegetation shall not be planted within this area. 3 ~ ?' 31_ Resolution No. _-2008 Page a 2) Beyond the 15' area and up to 50' of all facilities, shrubs/brush shall be thinned and clustered, and separated from each other and those beyond the 50' area by a distance of 2'h times the height of the mature vegetation. Conifer and juniper within the 50' area should also be separated and the lower limbs pruned with no grass or brush under them. Thinning shall also occur along the access road into the facilities, if permitted by the adjacent property owner and the BLM. 3) Remove or chip all standing dead and deadfall within 75' of the facilities. 4) The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. C. Roof Venting: 1) Soffit venting shall be located in the outer 1/3rd portion of the overhang. 2) Attic, soffit and other roof venting shall be ofnon-corrosive metal mesh with maximum '/<" openings. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: One hour rated material or any material underlain by 5/8" Type X gypboard or equal, or "Type IV" Heavy Timber materials, per the currently adopted building code. E. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: 1) Construction with noncombustible or one (I) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or 2) Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or 3) "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or 4) Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. F. Railings: Railings must be constructed of noncombustible or "Type IV" Heavy Timber materials. G. Exterior of the Structure, Including All Walls: d i; v n Resolution No. _-2008 Page 5 1) One (1) hour fire resistive rated materials, or 2) 5/8" gypboard underlying combustible materials, or 3) Cement stucco, minimum'/e" thickness. 4) All glazing to be tempered glazing; and 5) Doors to be metal or wood 1 '/d' thick minimum. H. Foundations: Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (1) hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. I. Maintenance and Miscellaneous Requirements I) Roofs and gutters shall be kept clear of debris. 2) Lease area shall be kept clear of all litter, slash and flammable debris. 3) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 4) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 5) The propane tank shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 6) The structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 7) The address shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 18. Upon completion of all construction, the facility will be evaluated for compliance with the conditions of approval herein and the building permit. A Letter of Completion shall be issued when all conditions are met. All materials from the existing facilities and any excavated material shall be removed from the site before issuance of the Letter of Completion. 19. The Applicant, owner or operator of said facility shall provide written notification to the Community Development Director upon cessation of operations at the site. The applicant shall remove all obsolete or unused facilities from the site within 6 months of termination of its lease, cessation of operations or expiration of its permit, subject to the determination of the Planning Director that the use of the site has ceased for a period of 6 months. Should the equipment owner fail to effect such removal, the property owner shall be responsible for the removal of [he equipment. 20. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on August 13, 2011. Resolution No. _-2008 Page 6 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 13th DAY OF JULY, 2008. APPROVED ON THE 13th DAY OF AUGUST, 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By Jack Hatfield, Chairman ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: Cindy Houben Community Development Director APPROVED AS TO FORM: John Ely County Attorney Case #P070-08 2465]5300005 ~.~i~13~,3~3 EXHIBIT #4 EMMA CAUCUS P.O. Box 1405 Basalt, CO 81621 (970)927-3462 newman(a!sooris net MEMORANDUM TO: Suzanne Wolff, Community Development Department FROM: Emma Caucus RE: BLM Crown Mtn Communications Activity Envelope, Site Plan with Scenic Review, Special Review for Radio/TV Transmitting/Cellular Facility (PID 2465-153-00-005 and Case P070-O8) Date: July 19, 2008 The Caucus received infonmation on the above application mailed by the County on June 11, 2008. The information was distributed to the Executive Committee and all Caucus members by email, referring to the Planning Division link on the County website. George Newman posed several questions from [he Caucus which were answered by Alan Richman, the applicant's representative. Comments: The application seeks to remove 4 existing towers and an old building acid replace with new. The new building will be 900SF and one story, meant to be minimally visible. The tallest existing tower is 50 ft; the others are over 40ft. The existing 4 towers will be replaced with 3: 2 will be 40ft and 1 will be 60ft. According Alan, the 60t is required because there is only room far 3 towers on the site due to separation/interference requirements for [tae equipment. To get all the necessary equipment on site, they will need to stack multiple pieces on the towers, which forces one to be taller than [he other two. There will be no lighting on the towers. The building would only be lit when someone is up there and needs some security/visibility. No outdoor lights would be on a[ other times. Consensus: The Emma Caucus recognizes the need for these towers. Except for application of visibility and lighting guidelines stipulated in the County Code, and assuming [he above comments by the applicant are correct, the Caucus has no objections to this plan as presented by the applicant. - 3 , v - ~ ~ ~~OI„35:_.._ .. ~ ' ~~ ~ l~ (. ~ ~~ fly ~! ~' ~ ~ t (, ~,i~ ^ ~ . Astitisd McSl ~2620N Basalt a~iLr T.v. AssoalstSon o Yhll K. 8terker, ptosideat 1959 !'syinq pee Food Basalt. ca anal ",.'.~, ~ ~:L Au9mt 6, i87S L~~'1~ ~) C=yew J1i33 site ~~-~-ws ax~rsn Dlpp- 01 y~ zCCf~'S'8D D!ta~.L of grant 1. 8ezial pushes o! grant: C<+lozado 7,061-fir 2. wan ar gzsatw: Baaait Catr S.V. Aasociacioa 3• +'~, .ac a.si.prtae by t)~s 4ria000, sLeriaq lovatbpp ~P o! a Paraal of lead awd goad wwnt. aaa. 15. r. a a., a. 87 w., a+d dtas°W'°r °! gz'a4lx 6th P.N. x~bsr e1 a~tas One Hate f1Lda 10/16/'71 1• pezaitted uw by graalee+ ~ ~ ~: Qase~pieatiaae Site and aeesas road Total vidLh o! right-olway: 100' m 150' alts and 2 ' S, l-uteozitl, ror 9raat: 6• ~WlatSens aBAlSeable to 4rao6: 7• ~eiratioa data of great, e. Reaeu aawwt: toad, o wide eccws Aot or dtiarct~ 4, ,1911 (3B 8tat. 1253: 43 U.B.C. 461), as emended 43 CYR 2600 50 Yeexs fzaa date o€ iaaya, Nape (non-$z+Dfit ozgaaiaatSm) _~, ~ ~ jpi AJG I 9 75 ,~~_ - ~~di°'Z~ "J P. v ~~ I - „ ,. -,~ i rn~ V o-ssoes-mr Tetmr ~a4 Cif fiIa~t Z pearurst M fha eaWority vested in tF» mtrrrrigKte4 by Order No. 701 of tJar DireaROS, >v4xean o! Lead llaagswet, dstad scaly Z1, ISia f~ r.&. 1A5Zb). ss aaastdad, a sight-ofw~4Yr dew dstn.'1.1s o! raiah are shoes sbvsm, is hai~eby gramtad, subject to the lollarinq terto and ooaditioase 9. J111 aalid rights mxisting as tha rite of the grant. to. All zegulattons in the group speoilSed abova. 11. Subatittiag, rithia ai~cty drys Prom the date of tbis gnat, s naa- set~#ble sus of 1120.00 as zsimburaeaaat for oostp !Hearted by the Lhitsd 9tatw is monitoring the ooeutruatioa. openertiam, msin- taoaa. ad tatalaatioa o! the arWorised lacilitiu and !or Pro- Lotlan ~d.eehabilitatioa o! the Sands iawlwd,. Pollorinq tetmiaa- tian q! the sight-of-r~Y. tlxs grmetss vill Ds rsc~uixed W peY ~~ tional aetetots to the esteat and in the area[ that actual costs inaarrmd by tha United Btatsa •swed the amount of the above-slated pe0'meat. n ~ 12. surveying sad clrarly s~arkiaq the ssterior limiter at the rigdtt-oi- vry Friar to she oomasetosmant o! aoartr~eatiaa os other aurfam or vegett-tioa dirtarbing aetivitler. said ma$inq ehali by dens atilt- ; slog rtakloq, [legging, or soma otbes ashlsod flat will result in miai,rtai enviswwsntal damage, sad shall be dons at trequrnt eoougis intervals to raadilp idrAtify tits ertsrior limits oa the gewtatd. All a+etivities dicretly or ladiseetly essoelated vith oonrt:vetian os maiateaanas o! the right-al-wy. gsaatefl hesria east be aoaducted vithia the limitr of the rift-af-ray. 13, This grail! anthorisar the we of public lands only !or there taallitier represwbsd std at the lowtim(r) sham as tho heseinabew deaigaabd ~~ la. CorFli+ao rich the attadted tssm, ooaditioar and atipulatima, as aoataiarfl m t)r attached pages ntabarad 1 throagb 6. uhl.e6 aze heseby cads a part of this Deaisioa. 15. C~saatruetioA bar Lean aonpLetsd and is horeby aowpted. The grantee bar the right o! appeal to the >ieard of Land Appeals, olfiae oS the secretary, is accosdanae vith the nsgulatioar is a3 CP'A, Bart a, Sub- part S. tfoMe+gr, ii an appea3 is to ba takes. the notice o! appeal [Halt be tiled in tbs Colorado State office, 700 Colorado State Bank 8uildiaq, n .. ._ - '.~ ~~ i.~ ~~ J 1 j ..rF.,r -_ ... ., ~n-. r .r- .. ~,~~. C1y1092-FM ~ ~ 3 i ~~ ~~ ~ANYI COlgYIdO eO~Q~ G-OC 111th t~ ~~, risp,yy ~~Y (30) ~ lsew rsosipt of Chia Dsdsiaa, ao shat the a... lilR om n. tsmsalOtad !a Lba 8wsd. To agld slraasy diiriassl o! ti>• a~ysrl, LAsra stlst ba rtriek oasyliaaoa vitR thr ta9ulattcloi. Y..,.xt A. ~..~ A:3st, Srend~ o! i.and opsreeions i i ~1 i I i i I 1Ytolas-1sas: 8pysal ialos>.atiios Pots StiPalstioms, Pspiti 7, lhron~ 5 C1raY3rr No. 2J8B caa G11, Grssd Jtmotioq . t100) Jutllat:jm 8/6/73 76 Service Center Road ~ Aspen, Colorado 8161 I (970)920-5390 fax 920.5374 EXHIBIT #2 Ms. Joanna Schaffner, Zoning Officer Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: VARIANCE APPLICATION FOR CROWN POINT COMMUNICATIONS SITE Dear Ms. Schaffner, I hereby authorize Alan Richman Planning Services to act as Pitkin County's designated representative with respect to the application being submitted to your office for the Crown Point Communications Site. Mr. Richman is authorized to submit an application for a height variance for one of the planned communications towers. He is also authorized to represent us in meetings with Pitkin County staff and the Board of Adjustment. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the application. Sincerely, `~ V1 ~ ~~ C Temple Glassier Deputy Director of Public Works 76 Service Center Road Aspen, Colorado 81611 970-920-5390 Road & Bridge Transportation Project Mgmt. Translator Land Mgm[. 81dg Facilities Fleet liesource Recovery (970)920-5046 (970)920.5206 (970) 920-5396 (970) 920-5395 (970}920-5214 (970)920-5337 (970)920-5393 (970)923-3467 (ax 920-5374 fax 920-5374 fax 920-5374 fax 920-5374 (az 920-5374 tax 920-6015 fax 920-5764 iax 923-2043 LIST OF ADJACENT OWNERS Bureau of Land Management 0375 County Road 532 Rifle, Colorado 81650 County of Pitkin } ss. State of Colorado } 1 I •~ ~. l~`^ ~ ~ ~ ~ vwt~ AFFIDAVIT OF MAILING PURSUANT TO PITKIN COUNTY LAND USE being or representing an Applicant to the Pitkin County Board of Adjustment, personally certify that I have complied with the public notice requirements of Section 2-20-100 (3) and (4) of the Pitkin County Land Use Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first class, U.S. Mail to all owners of property adjacent to the subject property; as indicated on the attached list, on the 1~ day of ~" , 200~~. The names and addresses of the adjacent property owners were those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the rriaiiirig. 2. By posting a sign in a conspicuous place on the subject property (so it was seen from the nearest public way) on the ~ ~ day of s " `'1 , 200, which was at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name (Please print) Signature Signed before me this lp~day of~~~ 200~a' by ~ ~(:~ r1 /~~c ~~ f'l ~1'~~-~Vl WITNESS MY HAND AND OFFICIAL SEAL My commission expires: ~ ~~ ~D ~- ~ ~. ~ ~ Notary Public ~ r I~TOtary Public's Signature t County of Pitkin } AFFIDAVIT OF MAILING } ss, PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE I ~.1.1'c~ ~ ~ ~~ tea.. ,being or representing an Applicant to the Pitkin County Board of Adjustment, personally certify that I have complied with the public notice requirements of Section 2-20-100 (3) and (4) of the Pitkin County Land Use Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first class, U.S. Mail to all owners of property adjacent to the subject property, as indicated on the attached list, on the ~~ day of ~`'~'1 , 200. The names and addresses of the adjacent property owners were those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. 2. By posting a sign in a conspicuous place on the subject property (so it was seen from the nearest public way} on the tea- day of ~"h , 200'Ff, which was at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. `~Vr`.. ~~,..~ . Applicant's name (Please print) Signature ; ,~~~ Signed before me this ~ ~-day of~o~~'==_~`~- 20Cf~ by ~ ~(~-(/1 ~-C-~ ~Y1C~.P'~ WITNESS MY HAND AND 9F~ LaL SEAL My commission expires:. ~ D Notary Public Notary ~~~~.~~2 PUBLIC NOTICE RE: (I) 36.5 Foot Height Variance and (2) I1 Foot Height Variances, for Crown Point Communications Site Top of Stone Road (Case 11-2008) NOTICE IS HEREBY GIVEN that a public hearing will be held on September 9, 2008, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of Adjustment, to consider an application submitted by Pitkin County, requesting vaziances for 3 communication towers. Pitkin County is proposing the construction of three communication towers, all which aze over the allowed height of 40 feet. One (1) 76.5 foot high communications tower where a maximum height of 40 feet is allowed and two (2) additional towers, both 51 feet in height where a maximum height of 40 feet is allowed. The request is for one 36.5 foot height vaziance and two 11 foot height vaziances. The pazcel contains 15,000 square feet and is zoned RS- 30. The State Pazcel Identification Number for this property is: NO PARCF;L ID NUMBER. For further information contact Joanna Schaffner at the Pitkin Communit}~ Development Department, (970) 920-5105. Pitkin County Board of Adjustment Published in The Aspen Times on August 31, 2008 Pitkin County Account No. 002.02 Q~,i°~~. LIST OF ADJACENT OWNERS U.S. Department of the Interior Bureau of Land Management 50629 Highways 6 and 24 Glenwood Springs, Colorado 81601 ~~iJf,~d~s PITKIN C~NTY COMMUNITY DEVELC~AENT Permit Receipt RECEIPT NUMBER 00026297 Name: Pitkin County Date:7/10/2008 Project Address: 0 STONE ROAD (TOP) Type: check # 178908 Permit Number Fee Description 0010.2008. PBOA PP- Board of Adjustment Fee Total: Amount 648.00 648.00