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HomeMy WebLinkAboutpitkin.planning.264316102010 (2014)(2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&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: 2643-16-1-02-010 Application Date: 4/2/14 Case No: P032-14 Description: American Tower Corporation Woody Creek/Elam Special Review for a Cellular Planner: Lance Clarke Facility # Copies: 5 Allocated Hours: 5 Project Address: 7943 UPPER RIVER RD, WOODY CREEK, CO 81656 % Over Hours: 6 Property Owner: ELAM CONSTRUCTION INC Owner's REP: SHARLOW MIKE REP's Email: mksharlowl@gmail.com Address: 556 STRUTHERS AVE Owner Phone: GRAND JUNCTION, CO 81501 Address: 4727 LOWELL BLVD REP'S Phone: (970) 485-2996 DENVER, CO 80211 Referrals: ZONING REFERRAL Other Referrals Woody Creek Caucus 5/5/14 OPEN SPACE & TRAILS REFERRRAL 911 (Bruce Ramero) none ALL OTHER REFERRALS Comments Due Date: 05/02/2014 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 05/28/2014 07/09/2014 Review Body: bocc bocc Public Hearing? yes Notice Date: 04/24/2014 06/26/2014 Meeting Notes: Approvals: BOCC Resolution #: 075-2014 #612313 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 07/09/2014 Plat Recorded Date: VR Expires Date: 07/09/2017 Plat (Bk, PG): Remarks: Application Type: Major Special Review RECEPTION#: 612313, 08/05/2014 at 09:10:31 AM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE AMERICAN TOWER CORPORATION SPECIAL REVIEW FOR A WIRELESS COMMUNICATIONS FACILITY AT THE ELAM , GRAVEL PIT IN WOODY CREEK BOCC Resolution No. 5�-2014 RECITALS I. American Tower Corporation ("Applicant") has applied to the BOCC for Special Review approval for a Wireless Communication Facility. The proposal includes construction of an 80' cell tower and up to three equipment sheds. 2. The property is located on Raceway Drive is owned by Elam construction, and is legally described as Lot 1-B, Elam Subdivision. 3. The BOCC heard this application at a duly noticed public hearing on July 9, 2014, at which time evidence and testimony were presented with respect to this application. 4. The BOCC finds that one 80' tower and its ancillary equipment sheds is appropriate and does not have substantial negative visual or other impacts on the surrounding area. 5. The BOCC finds that the proposal is consistent with the applicable Master Plan and the Special Review Criteria in Land Use Code Sections 2-30-30(h), and 4-30-40 (g)). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the American Tower Corporation Special Review for Wireless Communication Facility subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the application and public meetings. 2. This approval is for one 80' tower and up to three ancillary equipment sheds only. Additional Wireless Communication Facility development shall be subject to applicable further reviews. 3. The location of the tower shall be altered to meet the standards of Land Use Code Section 4-30- 40(g)(3) in relation to setbacks of the tower from an adjacent vacant, developable residential parcel. Alternatively, the Applicant could obtain consent for the location from the owner of the adjacent parcel. 4. The Applicant shall submit for review of a Building Permit. At Building Permit submittal, the Applicant shall also submit proof of all necessary FCC permits/licenses. 5. The facility shall comply with the Pitkin County Noise Code. i Resolution No.�-2014 Page 2 6. The Applicant, owner and/or operator of the cellular facility shall maintain current at all times, complete contact and site information to, be kept by the Community Development Director. This information shall include, but is not limited to the following: a. Identity, including name, address and telephone number including official identification numbers and FCC certification, and if different from the owner, the identity and contact information of the person or entity responsible for operating the facility. b. Name, address and telephone number of a local contact person for emergencies. c. This contact information shall also be posted on the door of the equipment room within 60 days of this approval. 7. The tower and sheds shall look substantially similar to the representations made in the hearing and as viewed in Attachment A relative to screening and camouflaging. The facilities shall be maintained as represented. Regular painting is expected and any "stealth" elements such as branches or limbs shall be replaced as necessary if there is discoloration or deterioration. 8. The tower is limited to 80' in total height. The color shall be determined in consultation with Community Development. 9. All equipment associated with the wireless communication facility shall be removed when the use ceases. 10. There shall be no exterior lighting associated with the tower or equipment shed. 11. Statutory vested rights for the approvals 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 and C.R.S. 24-68-105. The Statutory vested rights granted herein shall expire on July 9, 2017. Resolution No.G' / 5 -2014 Page 3 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 24'" DAY OF APRIL, 2014. APPROVED ON THE 9th DAY OF JULY, 2014. ATTEST: APPROVED AS TO FORM: o m Ely, ttorney Case #P033-14 PID#: 2643 1 6 1 020 1 0 BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY, COLORADO Robert A. Ittner, Jr., Chair Date: APPROVED AS TO CONTENT: 41 1 A L J (OU � a m y WONW, Community Development Director MEMORANDUM TO: Board of County Commissioners Regular Meeting — July 9, 2014 (con't from June 11, 2014) THRU: Cindy Houben, Community Development Director L FROM: Lance Clarke, ssistant Director RE: American Tower Corporation Special Review for a Cellular Telephone Facility (Wireless Communication Facility) at Elam Gravel Pit SUMMARY: The Applicant is requesting a Special Review and Cell Tower approval to locate a new 80' wireless communications tower with accompanying equipment sheds on Elam Gravel Pit property adjacent to the truck storage lot and the seasonal RV employee camp area. OWNER: Elam Construction APPLICANT: American Tower Corporation (ATC) REPRESENTATIVE: Mike Sharlow, ATC LOCATION/ZONING/LOT SIZE: Raceway Drive/ RS -20/100 acres. REFERRAL COMMENTS: The application was referred to the Woody Creek Caucus. The Caucus Planning Commission responded and had no objection to the application. EXISTING CONDITIONS: The subject property immediate area contains the Woody Creek Subdivision water tank, the Elam employee RV "camp", and the Elam truck storage area. BACKGROUND: This application was filed in April, prior to the adoption of the new comprehensive "Wireless Communications Facilities" Land Use Code Amendments. The Applicant was aware of the Code amendment process, and participated in that process. The proposed tower(s) is taller than allowed by the previous Code but the height could be permitted under the "new" Code. The Applicant responded to the "old" Code criteria, but is comfortable being reviewed under all the "new" criteria in order to have the greater height given consideration. Note: This memo had to be written prior to the location on the site of the "demonstration" tower. Staff has not observed the representation. SPECIFIC PROPOSAL: The Applicant has proposed a potential three -carrier communications facility on the site. This would require one 80' tower. Each carrier would have an accompanying equipment shelter that would be approximately 10' high. ATC would lease a 100'x100' site from Elam and would have an 80'x80' fenced enclosure for the tower and equipment sheds. According to the Applicant, AT&T Wireless and Sprint both plan on locating at this facility when it is available. Page I of 6 00000199 STAFF COMMENTS: Wireless Communications Facilities are subject to Special Review Criteria as well as Use Specific Regulations. SPECIAL REVIEW CRITERIA: Section 2-30-30(h): A Wireless Communications Facility is considered a Special Review Use within the RS -20 zone district and is subject to the compliance with the following criteria: A. The special review use shall be consistent with the applicable County Master Plan. Response: The applicable master plan would be the Woody Creek Master Plan. This plan does not address communications uses. The plan does state that there should be no new "Industrial or Commercial Special Review" permits issued without specific approval by the Woody Creek District Planning Commission after formal recommendation and comment by the Woody Creek Caucus. Wireless Communication Facilities are not listed under "Commercial & Industrial Uses" in the Land Use Code. They are listed under "Other Principal Uses". The Caucus Planning Commission has expressed "no objection" to the application. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed development is consistent with applicable Sections of the Code. Sec. 1-60-360 of the Code Policies relates to Telecommunications. It states: The County encourages adequate, minimal impact regional and community telecommunications facilities to serve the needs of governments, emergency services, businesses, and citizens of Pitkin County. 1. Where a telecommunications system utilizes a network of facilities, a comprehensive approach should be taken for evaluating potential sites in Pitkin County with a view to minimizing the number of sites required and any adverse impact. 2. When feasible and not otherwise detrimental, multiple telecommunications facilities should be consolidated onto common towers, and/or located adjacent to, on or incorporated into existing or proposed buildings or other structures. Response: The Applicant, American Tower Corporation, has been reviewing the wireless communication needs and opportunities in the County comprehensively. They have determined that this proposed site can enhance cell coverage in the Highway 82 corridor. The proposal provides for multiple carrier coverage. C. The proposed development must not materially endanger the public health, safety or welfare. Response: Staff has no information that would indicate that the proposed development materially endangers the public health, safety or welfare. The proposed increased service should enhance public safety. Page 2 of 6 000002 D. The proposed development must not substantially injure the value of adjoining or abutting property Response: Staff has no information that would indicate that the development would injure the value of adjacent properties E. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Response: The stated intent of the RS -20 Zone District in Chapter 3 of the Land Use Code does not make mention of the use of cell towers, but the use is a listed Special Review use. F The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The location proposed is adjacent to the Woody Creek Subdivision water tank, the Elam truck storage yard, and the Elam RV "camp". There are 70' tall Holy Cross transmission lines running through the area. The immediate vicinity and surrounding land uses are not natural landscape. G. The location, size, design: and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The primary off - site effects are the visual aspects from across the valley and from Highway 82. The proposed tower cannot be hidden from this perspective. There are other significant visual incursions on this bench; the water tank, the Holy Cross transmission lines, the Elam structures and mining, the Raceway structures. The Applicant is proposing a single galvanized monopole. Even in this prominent and somewhat bare location there may be camouflaging that the Applicant can propose to mitigate visual effects. H. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The location currently provides adequate services to support the use. USE SPECIFIC STANDARDS FOR A WIRELESS COMMUNICATION FACILITY: Section 4- 30-40(e): the following standards shall be reviewed for compliance: (1) Principal Use of the Land A cellular telephone facility is a principal use of land, but may be located on a legally created lot or parcel without the need to include any additional acreage for the second principal use. Staff Response: A Wireless Communication Facility is a principal use of land and other principal uses may be and are located on the subject property (2) Building -Mounted Antennae and Towers Page 3 of 6 000003 Building -mounted antennae and towers are an accessory use of the land permitted pursuant to Sec. 4-10- 10(e). Staff Response: N/A. Not building mounted. (3) Freestanding Towers A freestanding tower shall not be located within two hundred (200) feet of an existing residence or school except with consent of owner. In the case of a location adjacent to an existing developable residential parcel, a tower shall be located at least 200' from any potential residential development, which shall be determined as the required yard setback on a vacant parcel that is adjacent phis the distance necessary on the tower parcel to affect a 200'separation. Staff Response: The proposed tower and sheds will comply with the 200' setback from a residence or school. The Elam RV "camp" is within 200', but Elam has consented to the location. It is unclear whether the seasonal RV "camp" should be considered a "residence" in this context anyway. There is a vacant 60 acre parcel under different ownership adjacent to the proposed tower location. It is unlikely there would be any future residential development proximate to the proposed tower location because of the other adjacent uses; the truck yard, the RV "camp", the water tank, but the Code requires that a 200' setback from potential residential development be met. There would be a 50' yard setback for development on the vacant parcel. That means the tower site would have to be 150' from the property line to result in a 200' separation, unless the owner of the vacant property consents to a closer location. It appears the proposed tower is about 80' from the property line, so the Applicant would have to move the tower location or gain consent from the adjacent property owner. It might be possible to move the site more "in front" of the RV "camp",which would be farther from the adjacent potential residential parcel and closer to the Pitkin County Rio Grande Trail parcel, which has no developability. The Board shall also consider: 1) the extent to which a tower meets unmet needs; 2) the number of carriers confirmed to be located on the tower; 3) the need for the proposed height based on these factors; 4) any screening concealment, camouflage proposed for the tower. Staff Response: The Applicant will be prepared at the meeting to show how the proposed tower location and height meet unmet needs. (4) Co -Location Required Each new tower shall be designed to accommodate one (1) additional user's equipment. Staff Response: This tower at 80' is designed for three carriers. If it were used for only two carriers it could probably be reduced to 65'. (S) Setbacks A tower shall be set back from proper(y lines a distance equal to the height of the proposed tower or the required yard setback, whichever is greater. Page 4 of 6 000004 Staff Response: The proposed tower(s) is 80' tall. The tower site appears to be 80' from the property lines and meets required yard setbacks. (6) General Development Standards (a) Design and Neighborhood Compatibility (1) To the extent feasible, the exterior appearance of all towers and associated support structures and buildings shall be compatible with other buildings and/or the natural environment in the surrounding area. Staff Response: The site is semi -industrial and utility in use. The Applicant has proposed a galvanized monopole and aggregate structures and a chain link fence as being compatible with the surrounding area. The Applicant has indicated willingness to provide optional camouflaging if required. (2) Support buildings located in any residential district may not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments. Staff Response: There will be no employees on site except for periodic maintenance. (3) No advertising sign or logo shall be permitted on any telecommunications facility. Staff Response: The Applicant understands this and there would be no advertising at this location. (d) The decision-making body may require any other conditions to mitigate the impact of the tower on adjacent properties and uses. Staff Response: The Applicant will comply if feasible. (b) Buffering and Screening and Maintenance (1) All fences and walls shall be screened with landscaping meeting the requirements of Sec. 7-20- 13 0 (d) (2) (a). Staff Response: Applicant agrees to comply with conditions if required. Current fencing proposal does not include screening. It is an open chain link fence. Rather than shielding the fence with landscaping the applicant proposes "transparency" to the berm behind the facility. (2) The Board may require all towers, antennae and ancillary equipment be appropriately screened provided that such screening will not interfere with the transmission and/or reception capabilities of any antennae located on the tower. Staff Response: Screening a tower in this open location is not really feasible. There may be some camouflaging options. (3) All aspects of the development shall be maintained in the condition and manner as represented and approved. Regular painting is expected and any "stealth" elements (branches, etc.) shall be replaced as necessary if there is discoloration or deterioration. Staff Response: Applicant understands and will comply. Page 5 of 6 (4) Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels for the tower as a whole for exposure to electromagnetic radiation. Staff Response: The Applicant will comply. (5) Radio, television, or other electromagnetic transmission(s) or reception on other properties shall not be disturbed or diminished pursuant to FCC standards and guidelines. Staff Response: The Applicant will comply with FCC regulations. (7) Existing Towers Staff Response: N/A (8) Outside Experts and Disputes (a) Siting of wireless communications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third -party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. Expert selected must be qualified RF engineer..... Staff Response: The Applicant is aware of this standard. (b) If an applicant for a wireless communications facility claims that one or more standards of this section are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified RF engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Response: The Applicant is aware of this standard. RECOMMENDATION: Staff recommends that the Board approve the American Tower Corporation Special Review request for approval of a Wireless Communication Facility (tower and equipment sheds) on the Elam property in Woody Creek subject to the attached Resolution, which includes conditions regarding changed location and visual mitigation. Alternatively, the Board could continue this application pending presentation of alternative locations or consent from adjacent property owner to meet Code setbacks. ATTACHMENTS: Application Woody Creek Caucus comments lancet/cases/Elam cell tower BOCC memo 000006 Page 6 of 6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE AMERICAN TOWER CORPORATION SPECIAL REVIEW FOR A WIRELESS COMMUNICATIONS FACILITY AT THE ELAM GRAVEL PIT IN WOODY CREEK BOCC Resolution No. -2014 RECITALS 1. American Tower Corporation ("Applicant") has applied to the BOCC for Special Review approval for a Wireless Communication Facility. The proposal includes construction of an 80' cell tower and up to three equipment sheds. 2. The property is located on Raceway Drive is owned by Elam construction, and is legally described in Exhibit A. 3. The BOCC heard this application at a duly noticed public hearing on July 9, 2014, at which time evidence and testimony were presented with respect to this application. 4. The BOCC finds that one 80' tower and its ancillary equipment sheds is appropriate and does not have substantial negative visual or other impacts on the surrounding area. 5. The BOCC finds that the proposal is consistent with the applicable Master Plan and the Special Review Criteria in Land Use Code Sections 2-30-30(h), and 4-30-40 (g)). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the American Tower Corporation Special Review for Wireless Communication Facility subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the application and public meetings. 2. This approval is for one 80' tower and up to three ancillary equipment sheds only. Additional Wireless Communication Facility development shall be subject to applicable further reviews. 3. The location of the tower shall be altered to meet the standards of Land Use Code Section 4-30- 40(g)(3) in relation to setbacks of the tower from an adjacent vacant, developable residential parcel. Alternatively, the Applicant could obtain consent for the location from the owner of the adjacent parcel. 4. The Applicant shall submit for review of a Building Permit. At Building Permit submittal, the Applicant shall also submit proof of all necessary FCC permits/licenses. 5. The facility shall comply with the Pitkin County Noise Code. 000007 Resolution No. -2014 Page 2 6. The Applicant, owner and/or operator of the cellular facility shall maintain current at all times, complete contact and site information to be kept by the Community Development Director. This information shall include, but is not limited to the following: a. Identity, including name, address and telephone number including official identification numbers and FCC certification, and if different from the owner, the identity and contact information of the person or entity responsible for operating the facility. b. Name, address and telephone number of a local contact person for emergencies. c. This contact information shall also be posted on the door of the equipment room within 60 days of this approval. 7. The tower and sheds shall look substantially similar to the representations made in the hearing and as viewed in Attachment A relative to screening and camouflaging. The facilities shall be maintained as represented. Regular painting is expected and any "stealth" elements such as branches or limbs shall be replaced as necessary if there is discoloration or deterioration. 8. The tower is limited to 80' in total height. 9. All equipment associated with the wireless communication facility shall be removed when the use ceases. 10. There shall be no exterior lighting associated with the tower or equipment shed. 11. Statutory vested rights for the approvals 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 and C.R.S. 24-68-105. The Statutory vested rights granted herein shall expire on July 9, 2017. J 000000 Resolution No. -2014 Page 3 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 24th DAY OF APRIL, 2014. APPROVED ON THE 9th DAY OF JULY, 2014. ATTEST: BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY, COLORADO Jeanette Jones, Robert A. Ittner, Jr., Deputy Clerk Chair Date: APPROVED AS TO FORM: John Ely, County Attorney Case #P033-14 PID#:264316102010 J0,On1. APPROVED AS TO CONTENT: Cindy Houben, Community Development Director MEMORANDUM TO: Board of County Commissioners Regular Meeting — June 11, 2014 THRU: Cindy Houben, Community Development Director FROM: Lance C�Assistant Director RE: American Tower Corporation Special Review for a Cellular Telephone Facility (Wireless Communication Facility) at Elam Gravel Pit SUMMARY: The Applicant is requesting a Special Review and Cell Tower approval to locate a new 80' wireless communications tower with accompanying equipment sheds on Elam Gravel Pit property adjacent to the truck storage lot and the seasonal RV employee camp area. OWNER: Elam Construction APPLICANT: American Tower Corporation (ATC) REPRESENTATIVE: Mike Sharlow, ATC LOCATION/ZONING/LOT SIZE: Raceway Drive/ RS -20/100 acres. REFERRAL COMMENTS: The application was referred to the Woody Creek Caucus. The Caucus Planning Commission responded and had no objection to the application. EXISTING CONDITIONS: The subject property immediate area contains the Woody Creek Subdivision water tank, the Elam employee RV "camp", and the Elam truck storage area. BACKGROUND: This application was filed in April, prior to the adoption of the new comprehensive "Wireless Communications Facilities" Land Use Code Amendments. The Applicant was aware of the Code amendment process, and participated in that process. The proposed tower(s) is taller than allowed by the previous Code but the height could be permitted under the "new" Code. The Applicant responded to the "old" Code criteria, but is comfortable being reviewed under all the "new" criteria in order to have the greater height given consideration. Note: This memo had to be written prior to the location on the site of the "demonstration" tower. Staff has not observed the representation. SPECIFIC PROPOSAL: The Applicant has proposed a potential three -carrier communications facility on the site. This would require one 80' tower. Each carrier would have an accompanying equipment shelter that would be approximately 10' high. ATC would lease a 100'x100' site from Elam and would have an 80'x80' fenced enclosure for the tower and equipment sheds. According to the Applicant, AT&T Wireless and Sprint both plan on locating at this facility when it is available. Puge 1 of 6 00000]. of STAFF COMMENTS: Wireless Communications Facilities are subject to Special Review Criteria as well as Use Specific Regulations. SPECIAL REVIEW CRITERIA: Section 2-30-30(h): A Wireless Communications Facility is considered a Special Review Use within the RS -20 zone district and is subject to the compliance with the following criteria: A. The special review use shall be consistent with the applicable County Master Plan. Response: The applicable master plan would be the Woody Creek Master Plan. This plan does not address communications uses. The plan does state that there should be no new "Industrial or Commercial Special Review" permits issued without specific approval by the Woody Creek District Planning Commission after formal recommendation and comment by the Woody Creek Caucus. Wireless Communication Facilities are not listed under "Commercial & Industrial Uses" in the Land Use Code. They are listed under "Other Principal Uses". The Caucus Planning Commission has expressed "no objection" to the application. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed development is consistent with applicable Sections of the Code. Sec. 1-60-360 of the Code Policies relates to Telecommunications. It states: The County encourages adequate, minimal impact regional and community telecommunications facilities to serve the needs of governments, emergency services, businesses, and citizens of Pitkin County. 1. Where a telecommunications system utilizes a network of facilities, a comprehensive approach should be taken for evaluating potential sites in Pitkin County with a view to minimizing the number of sites required and any adverse impact. 2. When feasible and not otherwise detrimental, multiple telecommunications facilities should be consolidated onto common towers, and/or located adjacent to, on or incorporated into existing or proposed buildings or other structures. Response: The Applicant, American Tower Corporation, has been reviewing the wireless communication needs and opportunities in the County comprehensively. They have determined that this proposed site can enhance cell coverage in the Highway 82 corridor. The proposal provides for multiple carrier coverage. C. The proposed development must not materially endanger the public health, safety or welfare. Response: Staff has no information that would indicate that the proposed development materially endangers the public health, safety or welfare. The proposed increased service should enhance public safety. Page 1 of 6 000002 D. The proposed development must not substantially itjure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development would injure the value of adjacent properties E. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Response: The stated intent of the RS -20 Zone District in Chapter 3 of the Land Use Code does not make mention of the use of cell towers, but the use is a listed Special Review use. F The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The location proposed is adjacent to the Woody Creek Subdivision water tank, the Elam truck storage yard, and the Elam RV "camp". There are 70' tall Holy Cross transmission lines running through the area. The immediate vicinity and surrounding land uses are not natural landscape. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The primary off - site effects are the visual aspects from across the valley and from Highway 82. The proposed tower cannot be hidden from this perspective. There are other significant visual incursions on this bench; the water tank, the Holy Cross transmission lines, the Elam structures and mining, the Raceway structures. The Applicant is proposing a single galvanized monopole. Even in this prominent and somewhat bare location there may be camouflaging that the Applicant can propose to mitigate visual effects. K There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The location currently provides adequate services to support the use. 30-40(e): the following standards shall be reviewed for compliance: (1) Principal Use of the Land A cellular telephone facility is a principal use of land, but may be located on a legally created lot or parcel without the need to include any additional acreage for the second principal use. Staff Response: A Wireless Communication Facility is a principal use of land and other principal uses may be and are located on the subject property (2) Building -Mounted Antennae and Towers Page 3 of 6 000003 Building -mounted antennae and towers are an accessory use of the land permitted pursuant to Sec. 4-10- 10(e). Staff Response: N/A. Not building mounted. (3) Freestanding Towers A freestanding tower shall not be located within two hundred (200) feet of an existing residence or school except with consent of owner. In the case of a location adjacent to an existing developable residential parcel, a tower shall be located at least 200' from any potential residential development, which shall be determined as the required yard setback on a vacant parcel that is adjacent plus the distance necessary on the tower parcel to affect a 200'separation. Staff Response: The proposed tower and sheds will comply with the 200' setback from a residence or school. The Elam RV "camp" is within 200', but Elam has consented to the location. It is unclear whether the seasonal RV "camp" should be considered a "residence" in this context anyway. There is a vacant 60 acre parcel under different ownership adjacent to the proposed tower location. It is unlikely there would be any future residential development proximate to the proposed tower location because of the other adjacent uses; the truck yard, the RV "camp", the water tank, but the Code requires that a 200' setback from potential residential development be met. There would be a 50' yard setback for development on the vacant parcel. That means the tower site would have to be 150' from the property line to result in a 200' separation, unless the owner of the vacant property consents to a closer location. It appears the proposed tower is about 80' from the property line, so the Applicant would have to move the tower location or gain consent from the adjacent property owner. It might be possible to move the site more "in front" of the RV "camp",which would be farther from the adjacent potential residential parcel and closer to the Pitkin County Rio Grande Trail parcel, which has no developability. The Board shall also consider: 1) the extent to which a tower meets unmet needs; 2) the number of carriers confirmed to be located on the tower; 3) the need for the proposed height based on these factors; 4) any screening concealment, camouflage proposed for the tower. Staff Response: The Applicant will be prepared at the meeting to show how the proposed tower location and height meet unmet needs. (4) Co -Location Required Each new tower shall be designed to accommodate one (1) additional user's equipment. Staff Response: This tower at 80' is designed for three carriers. If it were used for only two carriers it could probably be reduced to 65'. (5) Setbacks A tower shall be set back from property lines a distance equal to the height of the proposed tower or the required yard setback, whichever is greater. Page 4 of 6 000004 Staff Response: The proposed tower(s) is 80' tall. The tower site appears to be 80' from the property lines and meets required yard setbacks. (6) General Development Standards (a) Design and Neighborhood Compatibility (1) To the extent feasible, the exterior appearance of all towers and associated support structures and buildings shall be compatible with other buildings and/or the natural environment in the surrounding area. Staff Response: The site is semi -industrial and utility in use. The Applicant has proposed a galvanized monopole and aggregate structures and a chain link fence as being compatible with the surrounding area. The Applicant has indicated willingness to provide optional camouflaging if required. (2) Support buildings located in any residential district may not be used as an emplgvment center for any- worker. nyworker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments. Staff Response: There will be no employees on site except for periodic maintenance. (3) No advertising sign or logo shall be permitted on any telecommunications facility. Staff Response: The Applicant understands this and there would be no advertising at this location. (4) The decision -inking body may require anv other conditions to mitigate the impact of the tower on adjacent properties and uses. Staff Response: The Applicant will comply if feasible. (b) Buffering and Screening and Maintenance (1) All fences and walls shall be screened with landscaping meeting the requirements of Sec. 7-20- 130(d) (2) (a). Staff Response: Applicant agrees to comply with conditions if required. Current fencing proposal does not include screening. It is an open chain link fence. Rather than shielding the fence with landscaping the applicant proposes "transparency" to the berm behind the facility. (2) The Board may require all towers, antennae and ancillary equipment be appropriately screened provided that such screening will not interfere with the transmission anchor reception capabilities of any antennae located on the tower. Staff Response: Screening a tower in this open location is not really feasible. There may be some camouflaging options. (3) All aspects of the development shall be maintained in the condition and manner as represented and approved. Regular painting is expected and any "stealth" elements (branches, etc.) shall be replaced as necessary if there is discoloration or deterioration. Staff Response: Applicant understands and will comply. 000005 Page 5oJ6 (4) Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels for the tower as a whole for exposure to electromagnetic radiation. Staff Response: The Applicant will comply. (5) Radio, television, or other electromagnetic transmissions) or reception on other properties shall not be disturbed or diminished pursuant to FCC standards and guidelines. Staff Response: The Applicant will comply with FCC regulations. (7) Existing Towers Staff Response: N/A (8) Outside Experts and Disputes (a) Siting of wireless communications facilities may involve complex technical issues that require review and input by outside experts. Staff nnay require the applicant to pay the reasonable costs of a third-partv technical study of a proposed facility. Selection of experts) to review the proposal shall be at the sole discretion of the decision-making body. Expert selected must be qualified RF engineer..... Staff Response: The Applicant is aware of this standard. (b) If an applicant for a wireless communications facility claims that one or more standards of this section are inconsistent with federal law us applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified RF engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Response: The Applicant is aware of this standard. RECOMMENDATION: Staff recommends that the Board approve the American Tower Corporation Special Review request for approval of a Wireless Communication Facility (tower and equipment sheds) on the Elam property in Woody Creek subject to the attached Resolution, which includes conditions regarding changed location and visual mitigation. Alternatively, the Board could continue this application pending presentation of alternative locations or consent from adjacent property owner to meet Code setbacks. ATTACHMENTS: Application Woody Creek Caucus comments lancet/cases/Elam cell tower BOCC memo 000006 Page 6 of 6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE AMERICAN TOWER CORPORATION SPECIAL REVIEW FOR A WIRELESS COMMUNICATIONS FACILITY AT THE ELAM GRAVEL PIT IN WOODY CREEK BOCC Resolution No. -2014 RECITALS American Tower Corporation ("Applicant") has applied to the BOCC for Special Review approval for a Wireless Communication Facility. The proposal includes construction of an 80' cell tower and up to three equipment sheds. The property is located on Raceway Drive is owned by Elam construction, and is legally described in Exhibit A. The BOCC heard this application at a duly noticed public hearing on June 11, 2014, at which time evidence and testimony were presented with respect to this application. 4. The BOCC finds that one 80' tower and its ancillary equipment sheds is appropriate and does not have substantial negative visual or other impacts on the surrounding area. 5. The BOCC finds that the proposal is consistent with the applicable Master Plan and the Special Review Criteria in Land Use Code Sections 2-30-30(h), and 4-30-40 (g)). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the American Tower Corporation Special Review for Wireless Communication Facility subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicants shall adhere to all material representations made in the application and public meetings. 2. This approval is for one 80' tower and up to three ancillary equipment sheds only. Additional Wireless Communication Facility development shall be subject to applicable further reviews. 3. The location of the tower shall be altered to meet the standards of Land Use Code Section 4-30- 40(g)(3) in relation to setbacks of the tower from an adjacent vacant, developable residential parcel. Alternatively, the Applicant could obtain consent for the location from the owner of the adjacent parcel. 4. The Applicant shall submit for review of a Building Permit. At Building Permit submittal, the Applicant shall also submit proof of all necessary FCC permits/licenses. 5. The facility shall comply with the Pitkin County Noise Code. 000007 Resolution No. -2014 Page 2 6. The Applicant, owner and/or operator of the cellular facility shall maintain current at all times, complete contact and site information to be kept by the Community Development Director. This information shall include, but is not limited to the following: a. Identity, including name, address and telephone number including official identification numbers and FCC certification, and if different from the owner, the identity and contact information of the person or entity responsible for operating the facility. b. Name. address and telephone number of a local contact person for emergencies. c. This contact information shall also be posted on the door of the equipment room within 60 days of this approval. 7. The tower and sheds shall look substantially similar to the representations made in the hearing and as viewed in Attachment A relative to screening and camouflaging. The facilities shall be maintained as represented. Regular painting is expected and any "stealth" elements such as branches or limbs shall be replaced as necessary if there is discoloration or deterioration. 8. The tower is limited to 80' in total height. 9. All equipment associated with the wireless communication facility shall be removed when the use ceases. 10. There shall be no exterior lighting associated with the tower or equipment shed. 11. Statutory vested rights for the approvals 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 and C.R.S. 24-68-105. The Statutory vested rights granted herein shall expire on June 11, 2017. 000008 Resolution No. -2014 Page 3 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 24th DAY OF APRIL, 2014. APPROVED ON THE 11th DAY OF NNE, 2014. ATTEST: Jeanette Jones, Deputy Clerk APPROVED AS TO FORM: John Ely, County Attorney Case #P033-14 PID4:264316102010 000009 BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY. COLORADO Robert A. Inner, Jr., Chair APPROVED AS TO CONTENT: �Zrw�E&�L C1 Vinay Houben, Community Development Director 1 3060 120 180 240 Feet #4 - Site Development Services, LLC To: Lance Clarke — Pitkin County Planning From: Michael Sharlow Date: 03/20/2014 RE: American Tower - Woody Creek/Elam Wireless Cellular Facility PROJECT: Woody Creek/Elam Wireless Cellular Facility LOCATION: ElamNagneur Gravel Pit (adjacent to truck storage/trailer camp) PID #: 264316102010 OWNER: Elam Construction Inc. APPLICANT: American Tower Corporation Dear Mr. Clarke, Type of Application: Special Review for a Cellular Facility American Tower is proposing an 80' three carriers communications facility at the Elam Construction Vagneur Gravel Pit near woody Creek. The site will be located on the West side of the property directly South of the water tank, near the employee parking \ camp lot. The facility will consist of a 80' x 80' fenced equipment compound with one 80' foot steel galvanized monopole communication tower. Each co -locator would add an aggregate veneered shelter for their radios at the base of the tower. Description of Project/Development The location and design of this facility was determined using many factors. The first reason for selecting this site is based on carrier need. American Tower has two tenants who plan on co -locating on this facility as soon as it's built; AT&T Wireless and Sprint. The second attribute for selecting this site is the industrial type use of the property and the facility's ability to blend into its surroundings. Holy Cross Energy also has high- tension transmission line running between the facility location and Hwy 82. This consists of six 70' tall transmission towers adjacent to or in the area of the facility. Because of the existing use characteristics of the property, we are proposing a tradition galvanized monopole communication tower. In addition, Elam Construction created a 8' gravel\aggregate berm surrounding its parking /trailer camp area. This berm will be a backdrop to the equipment area looking at the site from Hwy 82 so we are proposing AT&T, Sprint, and one future carrier use traditional aggregate shelters and standard chain link fencing around the facility for transparency with the berm to the North/East. The following is a response to the applicable sections of the Pitkin County Land Use Code: Land Use Code Sections to be addressed in letter of request1application Sec. 2-30-30(h): Special Review Criteria O0 N 11 Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970-485-2996 000012 Site Development Services, LLC (a) Special Review Uses—The proposed communication facility being sited at an existing gravel quarry is consistent with the intent County Master Plan. (b) This special review request does not conflict with any applicable sections of the Pitkin County Land Use Code. (c) The proposed development will have no detrimental effect on the public health, safety or welfare. (d) The proposed facility will have no detrimental affect on the value of adjoining or abutting property. (e) The proposed facility is consistent with the intent of the zone district in which its being located. (f) The proposed facility is compatible with the character of the immediate vicinity and surrounding land uses. (g) The location, size and operating characteristics of the special review are in harmony with the surrounding area and design to minimize adverse impacts on its surrounds. (h) There are adequate public facilities and services for the proposed unmanned facility (limited to electrical and telephone). (i) If this Special Review Use ceases the site will be brought into compliance with the underlying zone district regulations. Sec. 4-30-40(g): Cellular Telephone Facility Standards 1. The facility will be located on a specifically designated 80' x 80' lease area for the sole use of a being a communication facility. 2. Building mount antenna; N I A 3. Freestanding Towers; This Non -stealth communications facility is not located with in 200' of any residential district. The height of this facility exceeds the 40' freestanding tower limit based and County goal of creating fewer sites with larger appropriately sited multi -carrier facilities. 4. This site is designed for three carriers. 5. The site is more than 200' from any residential use or use district. 6. (al) The exterior of the facility is compatible with the surrounding area. (a2) the applicant will obtain FAA approval for this facility. (a3) this will be an unmanned facility. (a4) the will be no advertising at this facility. (a5) the applicant will comply with any additional requires the decision making body requires. (b1) all fencing will comply with Sec. 7-20-130(d)(2)(a). (b2) The facility will adhere to any safety measures the board places on it and will equipment the facility with industry standard security and safety measures. (b3) the facility will operate with in the exposure guidelines as set by the FCC for regulated low power wireless transmission facilities. (b4) the carriers that will use this facility operate under the FCC rules for electromagnetic interference and will not cause impact on any other transmissions (radio, TV, other cellular...). Please don't hesitate to call or email with any questions or requests for additional information you have. Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970-485-2996 11 .W Site Development Services, LLC Regards, Mike Sharlow PO Box 741, Georgetown CO 80444 970-485-2996, mksharlowl@gmaii.com 000013 Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970-485-2996 I See Woody Creek Plaza Area on parcel list ?$d? T95 R85W 47 5 F • 0 1 1 a y 15 a 0 0 H 4C►1992-2014 EM kr ?$d? T95 R85W 47 5 F • 0 1 1 a y 15 a 0 0 LOCATION y■ o.b n I $qq i Nivey � x SITE +IVI wr,,,.er, •.. DRIVING DIRECTIONS TAKE 1-70 TO GLENWOOD SPRING5. EXIT GLENWOOD 5PRING5 HWY 82 5OUTH. FOLLOW HWY 82 THROUGH GLENWOOD 50UTH TOWAR05 A5PEN APPROXIMATELY 30 MILE5. EXIT HWY 82 AT SMITH WAY AND CO EA5T .4 MILE5 TO UPPER ROVER ROAD. TURN (EFT (NORTH) I. I MILE5 AND TURN RIGHT ONTO GRAVEL PIT 5ERVICE DRIVE. 517E 15 ON RJGHT JU5T PA5T WATER TANK. DEPARTMENT NAME151GNATURE DATE LAND OWNER ZONING: WA 51TE ACQUISITION PITKIN COUNTY TOWER OWNER: ATC PROJECT MANAGER 10 PRE5I0ENTIAL WAY ATC C0145TRUCTION MANAGER WORBURN. MA 01801 RF ENGINEER REBECCA AGUIRRE - 303.274.61 20 EXT 2556 ATC CON5TRUCTION MANAGER: 1 SITE NAME: WOODY CREEK SITE NUMBER: 281699 PROJECT DESCRIPTION: 80' MONOPOLE WITH EQUIPMENT SHELTER PREPARED FOR: AMERICAN TOWER AMERICAN TOWER CORPORATION 10 PRESIDENTIAL WAY WORBURN, MA 01801 PREPARED BY: CENTERLINE SOLUTIONS Advancing Wireless Networks PROJECT INFORMATION 517E ADDRE55: 7943 UPPER RIVER RD. WOODY CREEK, CO 81656 LATITUDE: 39° 15'44.085" N (PRELIM) LONGITUDE 106" 52'54.6096* W (PREUM) PARCELID: 264316102010 PARCEL 51ZE: 556 5TRUTHER5 AVE. ZONING: WA JUPoSDICI-ION: PITKIN COUNTY PROPERTY OWNER: ELAM COIJ5TRUCNON A I 556 5TRUTHER5 AVE. A2 GRAND JUNCTION, CO 8 150 1 A3 970.390.3132 TOWER OWNER: AMERICANTOWER 10 PRE5I0ENTIAL WAY WORBURN. MA 01801 ATC PROJECT MANAGER: REBECCA AGUIRRE - 303.274.61 20 EXT 2556 ATC CON5TRUCTION MANAGER: RU55 VANVUEET - 435.840.2922 517E ACOU151TION: MIKE 5HARLOW - 303.993.3293 ENGINEER: CENTERLINE SOLUTIONS 16360 TABLE MOUNTAIN PKWY GOLDEN, CO 80403 5TEPHEN LE5TER - 303.993.3293 POWER: HOLY CRO55 ENERGY TELCO: DRAWING INDEX T I TITLE 5NEET 4 PROJECT INFORMATION A I OVERALL 517E PIAN A2 DETAILED 517E PIAN A3 ELEVATION o Know what's below. Call before you dig. 5ET FOR 24N36" "D" 517E CENTERLINE SOLUTIONS AOm �/JeuwA, 060 TF U MOt.IN GARM 10-991-1n) 2, G w JOB #: 281699 TI i WATER TANK EX. PROPERTY BOUNDARY UNE `EX. A5FHALT LOT PARCEL 2643 I G 102010 SIAM CON5TRUCTION 1 OVERALL 817E PLAN 0016 2 0 1 1 EX. BERM TYP.� 1oD'-9 < G / I _ —� \-err i NEW ATC 80' MONOPOIf� 1 W/ NEW t FUTURE CARRIER ANTENNA5 a� 1 `EX. A5PHALT LOT \ \ EW I0 UTILITY\ EASEMEM NEW ATG COMPOUND I 'FROM PROPERTY A5FHALT ROAD Ex. PROPERTY BOUNDARY LINE NEW 20 ACCE55 EA5EMENT BOUNDARY UNE . BIKE PATH EW ATC 100 X 100' z LEASE AREA < L < CW ATC x B0 FENCED COMPOUND g DHP� DHP� pHP— OHP ET OHP— DWDHP� DNP— DHP�` y11 y1\ y11 EX. POWER, POZZ�HP— DHP— DHP-� 1y 1y 1y�\ `� q I 1 1 1 \ LINESt OWER POLES�a\ 20' 0 /C w 120' SCAM 1"-40'-0' GRAVEL ROAD 5ET FOR 24"x36'D' SIZE 5HEET CENTERLINE SOLUTIONS Ad� Wlrot¢Nenw*s 6JW INCE MOIIN(NN G40.MV4Y M (l CO 3p}993.341A3 M J JOB C 281699 < 1 I<y<p WATER TANK EX. PROPERTY BOUNDARY UNE `EX. A5FHALT LOT PARCEL 2643 I G 102010 SIAM CON5TRUCTION 1 OVERALL 817E PLAN 0016 2 0 1 1 EX. BERM TYP.� 1oD'-9 < G / I _ —� \-err i NEW ATC 80' MONOPOIf� 1 W/ NEW t FUTURE CARRIER ANTENNA5 a� 1 `EX. A5PHALT LOT \ \ EW I0 UTILITY\ EASEMEM NEW ATG COMPOUND I 'FROM PROPERTY A5FHALT ROAD Ex. PROPERTY BOUNDARY LINE NEW 20 ACCE55 EA5EMENT BOUNDARY UNE . BIKE PATH EW ATC 100 X 100' z LEASE AREA < L < CW ATC x B0 FENCED COMPOUND g DHP� DHP� pHP— OHP ET OHP— DWDHP� DNP— DHP�` y11 y1\ y11 EX. POWER, POZZ�HP— DHP— DHP-� 1y 1y 1y�\ `� q I 1 1 1 \ LINESt OWER POLES�a\ 20' 0 /C w 120' SCAM 1"-40'-0' GRAVEL ROAD 5ET FOR 24"x36'D' SIZE 5HEET CENTERLINE SOLUTIONS Ad� Wlrot¢Nenw*s 6JW INCE MOIIN(NN G40.MV4Y M (l CO 3p}993.341A3 M J JOB C 281699 1 DETAILED SITE PLAN I1 .L1 7 — t/e•-t'-o• I — x — _ 25'-E 3 1 NEW ATC UTILITY ti -FRAME W/ MULTI TENANT METER BANK S TELCO BOX —NEW CARRIER I EQUIPMENT SHEL x�x -- I- 1 — — PROPERLY BO — BOUNDARY UNE L - Tyr. -NEW I6' GRAVEL ACCE55 ROAD \ 2U ACCE55 a' 0 B' 16' 24' SCALE: 1/B•�1'-0' SET FOR 24'.36• 'D" 51ZE CENTERLINE SOLUTIONS I/ UJ W C) U tu W Z C) O O SaawS Nz JOB k: 281699 A2 6'I 1w ,6' .-0. 5Ef FOR 24"x36" "O" SIZE CENTERLINE SOLUTIONS Ad+ wuwm,wn,on IIWTMLE MWM NMR[ Y W G JOB p: 251699 A3 5/5/2014 PitWn County Mail -RE: American Tomer Corporation Wooly CreeWElam Special Re�iewfor a Cellular Facility RE: American Tower Corporation Woody Creek/Elam Special Review for a Cellular Facility W -C Caucus <caucus81656@gmail.com> Mon, May 5, 2014 at 9:46 AM To: Lance.clarke@pitkincounty.com The Woody Creek Caucus District Planning Commission has no objection to the subject application. For the Commission, by: Janet K. Schoeberlein 7274 Upper River Rd. PO Box 423 Woody Creek, CO 81656 970-923-0040, fx970-922-7295 0000 11,11, https://mail.goog le.coMmail/?ui=2&ilreb410f3ac7&me pt&search=inbox8th= 145cd1063a3670bf&sim1= 145cd1063a3670bf 1/1 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PROJECT: Woody Creek/Elam Wireless Cellular Facility LOCATION: ElamNagneur Gravel Pit (adjacent to truck storage/trailer camp) PID #: 264316102010 OWNER: Elam Construction Inc. APPLICANT: American Tower Corporation REPRESENTATIVE: Mike Sharlow Email: mksharlow1@gmail.com Phone: 970-485-2996 DATE: March 6, 2014 PLANNER: Lance Clarke, 920-5452 Type of Application: Special Review for a Cellular Facility (80'monopole with antennas and equipment shed). Description of Project/Development: The Applicant is requesting Special Review approval to locate a permanent cellular facility on the Elam property in Woody Creek. Sec. 2-30-30(h): Special Review Criteria Sec. 4-30-40(g): Cellular Telephone Facility Standards Staff will refer the application to the following agencies: Zoning, Woody Creek Caucus, OSTM Review by: BOCC Public Hearing: Yes, at BOCC. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all property owners within 300' at least 30 days prior to the hearing with the return address of the Community Development Department (copy of the notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appear no more than 60 days prior to the date of the public hearing. FEES: $1,744 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $1560 (non-refundable; based on 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time above 125 hours at a rate of $312/hour) • Public Notice Fee: $54 • Clerk Fee: $130 To apply, submit 5 copies of the following information, unless noted otherwise: 1 Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Site Plan/visual representations of proposed development (on—site height pole will be required); 3. Relevant Land Use Approvals for the subject parcel; 4. Proof of ownership of subject property (1 copy); 5. Parcel description, including legal description, site plan and vicinity map, 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and authorizing the representative (1 copy); 9. List of all property owners within 300'(1 copy); 10. Copy of this preapp form. 000001 a-fCQd Site Development Services, LLC To: Lance Clarke — Pitkin County Planning From: Michael Sharlow Date: 03/20/2014 RE: American Tower - Woody Creek/Elam Wireless Cellular Facility PROJECT: Woody Creek/Elam Wireless Cellular Facility LOCATION: ElamNagneur Gravel Pit (adjacent to truck storage/trailer camp) PID #: 264316102010 OWNER: Elam Construction Inc. APPLICANT: American Tower Corporation Dear Mr. Clarke, Type of Application: Special Review for a Cellular Facility American Tower is proposing an 80' three carriers communications facility at the Elam Construction Vagneur Gravel Pit near woody Creek. The site will be located on the West side of the property directly South of the water tank, near the employee parking \ camp lot. The facility will consist of a 80' x 80' fenced equipment compound with one 80' foot steel galvanized monopole communication tower. Each co -locator would add an aggregate veneered shelter for their radios at the base of the tower. Description of Project/Development The location and design of this facility was determined using many factors. The first reason for selecting this site is based on carrier need. American Tower has two tenants who plan on co -locating on this facility as soon as it's built; AT&T Wireless and Sprint. The second attribute for selecting this site is the industrial type use of the property and the facility's ability to blend into its surroundings. Holy Cross Energy also has high- tension transmission line running between the facility location and Hwy 82. This consists of six 70' tall transmission towers adjacent to or in the area of the facility. Because of the existing use characteristics of the property, we are proposing a tradition galvanized monopole communication tower. In addition, Elam Construction created a 8' gravel\aggregate berm surrounding its parking /trailer camp area. This berm will be a backdrop to the equipment area looking at the site from Hwy 82 so we are proposing AT&T, Sprint, and one future carrier use traditional aggregate shelters and standard chain link fencing around the facility for transparency with the berm to the North/East. The following is a response to the applicable sections of the Pitkin County Land Use Code: Land Use Code Sections to be addressed in letter of request i pplication Sec. 2-30-30(h): Special Review Criteria 000002 Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 976485-29% Site Development Services, LLC (a) Special Review Uses—The proposed communication facility being sited at an existing gravel quarry is consistent with the intent County Master Plan. (b) This special review request does not conflict with any applicable sections of the Pitkin County Land Use Code. (c) The proposed development will have no detrimental effect on the public health, safety or welfare. (d) The proposed facility will have no detrimental affect on the value of adjoining or abutting property. (e) The proposed facility is consistent with the intent of the zone district in which its being located. (f) The proposed facility is compatible with the character of the immediate vicinity and surrounding land uses. (g) The location, size and operating characteristics of the special review are in harmony with the surrounding area and design to minimize adverse impacts on its surrounds. (h) There are adequate public facilities and services for the proposed unmanned facility (limited to electrical and telephone). (i) If this Special Review Use ceases the site will be brought into compliance with the underlying zone district regulations. Sec. 4-30-40(g): Cellular Telephone Facility Standards 1. The facility will be located on a specifically designated 80' x 80' lease area for the sole use of a being a communication facility. 2. Building mount antenna; N I A 3. Freestanding Towers; This Non -stealth communications facility is not located with in 200' of any residential district. The height of this facility exceeds the 40' freestanding tower limit based and County goal of creating fewer sites with larger appropriately sited multi -carrier facilities. 4. This site is designed for three carriers. 5. The site is more than 200' from any residential use or use district. 6. (al) The exterior of the facility is compatible with the surrounding area. (a2) the applicant will obtain FAA approval for this facility. (a3) this will be an unmanned facility. (a4) the will be no advertising at this facility. (a5) the applicant will comply with any additional requires the decision making body requires. (bl) all fencing will comply with Sec. 7-20-130(d)(2)(a). (b2) The facility will adhere to any safety measures the board places on it and will equipment the facility with industry standard security and safety measures. (b3) the facility will operate with in the exposure guidelines as set by the FCC for regulated low power wireless transmission facilities. (b4) the carriers that will use this facility operate under the FCC rules for electromagnetic interference and will not cause impact on any other transmissions (radio, TV, other cellular...). Please don't hesitate to call or email with any questions or requests for additional information you have. 000003 Site Development Services, U.C. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970-485-2996 tll� Site Development Services, LLC Regards, Mike Sharlow PO Box 741, Georgetown CO 80444 970-485-2996, mksharlowl@agmail.com Site Development Services, LLC. 4727 Lowell Blvd.. Denver, CO 80211 Phone 970-485-2996 LOCATION - �i �o .. web% SITE L_^J DRIVING DIRECTIONS TAKE 1-70 TO GLENWOOD 5PPJNG5. EXIT GLENWOOD 5PRING5 HWY 82 5OUTH. FOLLOW HWY 82 THROUGH GLENWOOD 50UTH TOWARD5 A5PEN APPROXIMATELY 30 MILE5. EXIT HWY 82 AT 5MITH WAY AND GO EA5T .4 MILE5 TO UPPER ROVER ROAD. TURN LEFT (NORTH] I . I MILE5 AND TURN RIGHT ONTO GRAVEL PIT SERVICE DRIVE. 517E 15 ON RIGHT JU5T PAST WATER TANK. DEPARTMENT NAMU51GNATURE DATE LAND OWNER 51TE ACOUI5TTION ATC PROJECT MANAGER ATC CON5TRUCTION MANAGER RF ENGINEER SITE NAME: WOODY CREEK SITE NUMBER: 281699 PROJECT DESCRIPTION: 80' MONOPOLE WITH EQUIPMENT SHELTER PREPARED FOR: AMERICAN TOWER AMERICAN TOWER CORPORATION 10 PRESIDENTIAL WAY WORBURN, MA 01801 PREPARED BY: CENTERLINE SOLUTIONS Advancing Wireless Networks PROJECT INFORMATION 51TE ADDRE55: 7943 UPPER RIVER RD. WOODY CREEK, CO 81656 LATITUDE: 39' 15' 44.085' N (PRELIM) LONGITUDE 106' 52'54.609G' W (PREUM) PARCEL ID: 264316102010 PARCEL 51ZE: 556 5TRUTHERS AVE. ZONING: NIA JUR15DICTION: PITKIN COUNTY PROPERTY OWNER: ELAM CON5TRUCTION 556 5TRUTHERS AVE. GRAND JUNCTION, CO 81501 970.390.3132 TOWER OWNER: AMERICAN TOWER 10 PRESIDENTIAL WAY WORBURN, MA 0 180 1 ATC PROJECT MANAGER: REBECCA AGUIRRE - 303.274.61 20 EXT 2556 ATC CON5TRUCTION MANAGER: RU55 VANVLEET - 435.840.2922 51TE ACQU151TION: MIKE 5HARLOW - 303.993.3293 ENGINEER: CENTERLINE SOUITION5 16360 TABLE MOUNTAIN FKWY GOLDEN, CO 80403 STEPHEN LE5TER - 303.993.3293 POWER: HOLY CRO55 ENERGY TELCO: DRAWING INDEX T I TITLE 5HEET E PROJECT INFORMATION A I OVERALL 517E PIAN A2 DETAILED 51TE PLAN A3 ELEVATION u Know what's below. Call before you dig. 5ET FOR 24'936"0" SIZE CENTERLINE SOLUTIONS AA 61 N`rvNea—M �a Nz H i 000 ''1 FUTURE CARRIER EQUIPMENT 5HELTER TYP. L BOUNDARY UNE TYP. kCCE55 T NEW IG GRAVEL ACCE55 ROAD H' 24' siiiia WALL' IIC-r-o- 5ET FOR 24'.5G' "D' 512E CENTERLINE SOLUTIONS nerrcnnw�nmoa JOB F: 251699 A2 m rvoRrr� E�.evanav 1 ane•-�•-r 5• IQ' 15SCAM' CENTERLINE SOLUTIONS aw Vwcdes� SET FOR 24-x36-'7 512E 5HEET JOB e: 281699 A3 _„ • �� :. ,1 ,.�" 'i,'� { .. � �.._ ., a �� _ �%�� � , \ � •, ; ;::�, C:) 0 0 I� ATC 281701 /COU4238: Hwy 82 & Lower River Rd Existing 4G 850MHz Service � -AF-- -I �*- ---qmp-a Be -,t Signal Lecel idBm; >=-75 Best Signal level (dBm) >=-85 �.: Best Signal Level (dBm) >=-95 W Best Signal Level (dBm) >=-105 A 4 r= ATC 281701 /COU4238: Hwy 82 & Lower River Rd Existing & Proposed 4G 850MHz Service @ 40ft w rt a e b, •x , Best Signal Level (d6m1 >=-75 Best Signal Level (dBm{ >=-85 b . Best Signal Level (dBm] > =-95 Best Signal Level (dBml > =-105 A C3 ATC 2817011COU4238: Hwy 82 & Lower River Rd CD N Existing & Proposed 4G 850MHz Service @ 60ft Best Signal Level (dBm) > =-75 Best Signal Level (dBm( >=S5 Best Signal Level (dBm) >=-95 Best Signal Level (d6m) >=-105 "AL C--) 0 0 0 w ATC 281699/COU4138: Woody Creek Existing 4G 850MHz Service 4 ONO . •�„ ; r., r � r C `*? - ,, `� BestSignal Best Signal y�1Q„R .r kkRest Signal ?-" Best Signal ATC 281699/COU4138: Woody Creek Existing & Proposed 4G 850MHz Service @ 40ft Fi s F r 'r .V Best Signal Level (dBm] >=-75 0. =-cMy Best Signal Level (demj >=$5 0 �:: Best Signal Level (dBm] >=-95 in i ::_,� i•W �,.,_,..r�y Best Signal Level (d8m} >=-105 c Ak CD ATC 281699/COU4138: Woody Creek `n Existing & Proposed 4G 850MHz Service @ 80ft r + c. r�• 0 *0Vik ;r �r C� CD CD ATC CZ) 1--X Cr) 281704/COU4137: Snowmass Village Existing 4G 850MHz Service orl ATC 281704/COU4137: Snowmass Village Existing & Proposed 4G 850MHz Service @ 30ft i40 • 0 \I Y CD CD CD ATC 281704/COU4137: Snowmass Village CO Existing & Proposed 4G 850MHz Service @ 45ft r-;� Best Signal Level jdBm) > =-75 Best Signal Level (dBm) >=-85 Best Signal Level (dBm) > =-95 Best Signal Level (dBm) > =-105 Psi 1 11 w Macro Site Candidates Existing 4G 850MHz Service Or j I 44 o d^.J�iT Macro Site Candidates CD CD CD Existing & Proposed 4G 850MHz Service -. �a. ji�•Y-7u•rrir�k3i `y �/T + ``' ji•:% i / e N.1t �• � b • � r .J 1. a,+ - �~ • 1••Y• Rbc .3�,�•;; ,'a7- rr«•^ ♦ i {6 13. ♦ }� Od _ ♦ y I Y•� �, } I.' Best Signal Level (dBm] >=-75 Best Signal Level (d8mt > =�5 Best Signal Level (dBm] > =-95 Best Signal Level (dBm] >=-LOS Subject Parcel Account Number Parcel Number R021265 246725302800 Primary Owner Name and Address STATE OF COLORADO DEPT OF TRANSPORTATION 4201 E ARKANSAS AVE 4TH FL DENVER, CO 80222 Parcels 300' surrounding, Parcel#1 246725300022 ICEBERG TRUST 4020 PALOS VERDES DR #206 ROLLING HILLS ESTATES, CA 90274 Parcel#2 246725302001 Parcel#5 246725302002 WAGMAN DAVID SIMON 50% 2416 VIA RAFAEL PALOS VERDES ESTATES, CA 90274-2151 Parcet#3 246725400007 LAFKLC LLC 8076 113 COUNTY RD CARBONDALE, CO 81623 Parcet#4 246736300851 ._.... iKI ;f STATE OF COLORADO DEPT OF TRANSPORTATION 4201 E ARKANSAS AVE 4TH FL DENVER, CO 80222 TH RWKWW 6 Y CCZ PARTNER Engineering and Science, Inc. May 27, 2014 Pitkin County Planning Department 130 S Galena Street 3rd Floor Aspen, CO 81611 Subject: American Towers LLC- Tower ATC 281699 / Woody Creek CO 7943 Upper River Road (Woody Creek), Aspen, Pitkin County, Colorado (Parcel 264316102010) Latitude: N 39° 16' 15.51" Longitude: W 106° 53' 03.27" American Towers LLC has retained Partner Engineering & Science, Inc. to conduct a review of a proposed telecommunications facility for compliance with the Federal Communications Commission's (FCC) Nationwide Programmatic Agreement for Review under the National Historic Preservation Act (47 CFR Part L dated January 4, 2005). The Project Site, known at ATC 281699 / Woody Creek CO, occurs on an approximately 100 -acre Parent Tract of land located at 7943 Upper River Road in Aspen, Pitkin County, Colorado. The Parent Tract is identified by the Pitkin County Assessor's Office as Parcel Number 264316102010. The Project Site is situated on the southern portion of the irregular shaped parcel. The Project Site consists of undeveloped land. American Towers LLC is proposing to construct a 80'-0" self -supported telecommunications tower at 7943 Upper River Road in Aspen, Pitkin County, Colorado (Tax Parcel Number 264316102010). The new tower structure will be fitted with standard lighting and the tower facility will consist of an 80 -foot monopole within a proposed 100 -foot by 100 -foot telecommunications compound and associated easements, along with a 30ft buffer surrounding the lease area. Please accept this letter as a formal request for your concurrence of no impact to known eligible or potentially eligible historic properties for the proposed American Towers LLC telecommunications project. This letter is being submitted in compliance with FCC regulations to determine if the proposed project will impact any historic places and/or archaeologically sensitive sites. Enclosed please find copies of the current project figures for your review. On behalf of American Tower LLC, I would appreciate your comments on this proposed telecommunications facility project in a letter, fax or email directed to my attention. Greg Harris Project Manager ciharris@Dpartneresi.com PARTNER ENGINEERING AND SCIENCE, INC. 32498 Little Cub Road, Evergreen, Colorado 80439 T: 303-586-6531 IF: 303-539-5299 IC: 303-845-2375 PARTNER ENGINEERING & SCIENCE, INC. 000001 d� �3 Parcel Detail Page I of 2 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Building Characteristics I Value Summars Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I Land Detail I Photographs Tax Account Parcel Property 2013 Mill Area Number Number Type Levy R011167 264316102010 FEA007 / STONE 27.059 Primary Owner Name and Address FFE—TAM CONSTRUCTION INC 11 IIATTN PROPERTY TAX DEPT II 11556 STRUTHERS AVE II JUNCTION, CO 81501 Additional Owner Detail Business Name AGNEUR GRAVEL PIT Legal Description Subdivision: ELAM SUBDIVISION Lot: 1 Location Physical Address: 7943 UPPER RIVER RD WOODY CREEK I Subdivision: ELAM SUBDIVISION Land Acres: 100.000 000002 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=RO11167 5/27/2014 Parcel Detail ll Land Sq Ft:JIO 11 2014 Property Value Summary Actual Value Assessed Value Land:j 215,900 62,610 Improvements: 01 0 Total:1 215,900 62,610 Sale Date: Sale Prl7c:e::Il Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Top of Page Assessor Database Search Options Pitkin County Home Page Page 2 of 2 The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Tums Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2013 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Sof fare. 000003 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber—RO11167 5/27/2014 Harris, Greg From: Amy Simon [amy.simon@cityofaspen.com) Sent: Tuesday, May 27, 2014 2:49 PM To: Harris, Greg Subject: RE: Hi Greg- I only work for the City of Aspen. This property is in Pitkin County. Please contact the Pitkin County Planning office for comments. Amy Simon City of Aspen Historic Preservation 130 S. Galena Street Aspen, CO 81611 (970)429-2758 www.aspenpitkin.com Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contain in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Harris, Greg[mailto:GHarrisCcJoartneresi.com] Sent: Tuesday, May 27, 2014 2:20 PM To: Amy Simon Subject: May 27, 2014 Ms. Amy Simon Historic Preservation Officer Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 970-920-5096 aIrwj g thne Ct,ebvotasuen com Subject: American Towers LLC- Tower ATC 281699 / Woody Creek CO 7943 Upper River Road (Woody Creek), Aspen, Pitkin County, Colorado (Parcel 264316102010) Latitude: N 39° 16' 15.51" Longitude: W 106° 53'03.27" American Towers LLC has retained Partner Engineering & Science, Inc. to conduct a review of a proposed telecommunications facility for compliance with the Federal Communications Commission's (FCC) Nationwide Programmatic Agreement for Review under the National Historic Preservation Act (47 CFR Part L dated January 4, 2005). Ult0UU4 The Project Site, known at ATC 281699 / Woody Creek CO, occurs on an approximately 100 -acre Parent Tract of land located at 7943 Upper River Road in Aspen, Pitkin County, Colorado. The Parent Tract is identified by the Pitkin County Assessor's Office as Parcel Number 264316102010. The Project Site is situated on the southern portion of the irregular shaped parcel. The Project Site consists of undeveloped land. American Towers LLC is proposing to construct a 80'-0" self -supported telecommunications tower at 7943 Upper River Road in Aspen, Pitkin County, Colorado (Tax Parcel Number 264316102010). The new tower structure will be fitted with standard lighting and the tower facility will consist of an 80 -foot monopole within a proposed 100 -foot by 100 -foot telecommunications compound and associated easements, along with a 30ft buffer surrounding the lease area. Please accept this letter as a formal request for your concurrence of no impact to known eligible or potentially eligible historic properties for the proposed American Towers LLC telecommunications project. This letter is being submitted in compliance with FCC regulations to determine if the proposed project will impact any historic places and/or archaeologically sensitive sites. Enclosed please find copies of the current project figures for your review. On behalf of American Tower LLC, I would appreciate your comments on this proposed telecommunications facility project in a letter, fax or email directed to my attention. Greg Harris Project Manager gharris(aDartneresi com PARTNER ENGINEERING AND SCIENCE, INC. 32498 Little Cub Road, Evergreen, Colorado 80439 T: 303-586-6531 IF: 303-539-5299 IC: 303-845-2375 000005 , N011VWMOdNI o }� wNiiwa # 3 riouVaodao�aot w ,Ila aaus 3W1 YO ; NIT n,ll `a33?1O AOOOM X al b r z �aESa�� •• `aA i k k r P o c.7sh33 2 W Y W W Z CO) LU / o Z o z Z W LL o� w w F a g> Dov Q `r to N v o � �Z � Wz LU LU z a H w Ww LU cn0 �N O W J W g 000 �Z b co Ing z p � e 5 a 3 T a $$ o E4 E a �pe�� U U 07§�`s 88 O j O nn.�nnl� wn rn wwo. ZUG 3 N NWVNO HZ0 H3N101 WV MINIM $g Q au Aia z awmwn ncia i )3321'>A000M �o i ralvaodao�a� wv ri AIA .iA�A NOUVAT3 l X13321'1 Aloom 'arm r m Q M a Lb yR C e 0 g e a pp� ze 2S j p24p 2� 7 p t I� 77� Fyoc t33 \ c 2 � �g y p� Q2� o� iftl. 00009 � N1 NOLMOcREONSWOU WIM%NI litlG UANnG AUIA�19AOrv(1; N33bJ AOWM SLS [& yT E y� y/ Y C/ tF�l Z ad m ZQ � ¢ � K a t3 M 3ii W 2 kk o w S omoQ UPPER Z u z d 5 0 0 n w y W NNO F�(J b V 0,0 a'0 ZpR )p �RUU UZ o pp ¢5'm 010 cp co Wp mp 'm� 00 w J L a g p 'J' q 0 pz[ ku m� / ma / w b a u cTih a N�t%�iD �G 1r I 11 m tTi� n �0'UUd OA 5 Zo mm ❑W O y�� mpg O m� a0 �m o x J n o W LU ,/ W U 00 0 Z O J n QR' m¢ ox/ M1 O K 87074L p v / i 0p z 0 BEPRMGS t4 t0°Ogg RIO GPM[) TRAiL W 00010 my �MOROW � AMMOA000Mg: {q .z (§ \\§ § ,! W . k ( a �. ° z !!; W § N \\ \ \ \O }D §; , \ () (T \(\\ T.\ \)\ ((§ .N §\ '0 - _ _ )§ § z. ,)!§ tF. § § |!E) ® :__° . ! ,; F- § § \)/( \;) §| )( }))\ -�) §) q/q|G \]/ &\ § )` ! !§ [, ! !!:! 2 | j||| ;! _j G} /§ \\\i/,;/§\ °§_°,w.`..,.,.. | , , § .., !;!! . . W | m w :: °. ! ,!. _ :; ° Z; E!!| ! M . , `!;! nz , §!! ; !_ § !. ( 2 ) ; § );§\) \ §§� =| | |!, on LU i !|,# e ! ! § ;|;| !§ ; §! ! §w! 3 § § $ :;l; ; •, ;!, ! :. ! !!, !|;z E . ! , ., .r, § ) ( A /(o. \( \ !!4 ! !) § !|§ }§I§ » ! Q dbi2 AMERICAN TOWER CORPORATION 10 PRESIDENTIAL WAY WORBURN, MA 01801 FAA 1-A TOWER CERTIFICATION DATE: MARCH 24, 2014 SITE NAME: WOODY CREEK I HEREBY CERTIFY THAT THE FOLLOWING LATITUDE AND LONGITUDE VALUES FOR THE CENTER OF THE ABOVE-REFERENCED PROPOSED GUYED TOWER ARE ACCURATE TO WITHIN +/-15 FEET HORIZONTALLY; AND THAT THE FOLLOWING TOWER SITE ELEVATION IS ACCURATE TO WITHIN +/- 3 FEET VERTICALLY. CENTER OF PROPOSED MONOPOLE LATITUDE = 39°16'15.51306" N LONGITUDE = 106°53'03.27720"W GROUND ELEVATION: 7429.2' FEET N.A.V.D. 1988 POWER SURVEYING CO., INC 120 W. 84TH AVENUE THORNTON, COLORADO 80260 aon ^O up„ REGisr,,, a. o •.�p �.. FP-, '7929 RICHARD B. GABRIEL COLORADO P.L.S. # 37929 ` ';Fs'•, 03/24/14..* WO# 501-14-064N4L LANA S numo",o• OWER" Surveying Company, Inc. J.LJ4.{d /9IB rJ�uui3 PUBLIC NOTICE RE: American Tower Corporation Woody Creek/Elam Special Review for a Cellular Facility (CASE# P032-14; PID 2643-161-02-010 NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, July 9, 2014 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners. Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by American Tower Corporation (10 Presidential Way, Worbum. MA 0 180 1) requesting Special Review approval to locate a permanent cellular facility on the Elam property in Woody Creek. The property is located at 7943 Upper River Road and is legally described as Lot 1, Elam Subdivision. The State Parcel Identification for this property is 2643-161-02- 010. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St.. Aspen CO 81611. For further information, contact Lance Clarke at (970) 920-5452. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on June 26, 2014. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date littp•//www aspenpitkin com/Portals/O/docs/count~ (bm ODev/Planning; Land Use Applications/P032 14 .pdf PUBLIC NOTICE RE: American Tower Corporation Woody Creek/Elam Special Review for a Cellular Facility (CASE# P032-14; PID 2643-161-02-010 NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, June 11, 2014 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Rio Grande Conference Room, 455 Rio Grande Place, Aspen to consider an application submitted by American Tower Corporation (10 Presidential Way, Worburn, MA 01801) requesting Special Review approval to locate a permanent cellular facility on the Elam property in Woody Creek. The property is located at 7943 Upper River Road and is legally described as Lot 1, Elam Subdivision. The State Parcel Identification for this property is 2643-161-02- 010. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Lance Clarke at (970) 920-5452. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on April 24, 2014. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date littp•//www aspenpitkiiicom/Portals/0/docs/county/Com%2ODev/Planning/Land Use Applications/P032 14 .pdf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I, ,M %e 4f ALL j�q RW :.1 'being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owye,cC,���f prope�yblwithin 300' to the sub ct property, as indicated on the g %MWd list, on t z,4 day of vN , 2011(which is days prior to the public hearing date of —r The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the ow8g(s) of the mi�et ral estate underneath the subject property, as indicated on the g 1}qd list, on the 116 day of �JN� , 201V(which ism, days prior to the public hearing date of .7 s i . The names and addresses of the mineral estate owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in�o Wnspicuous place on the subject property (as it could be seen from the nearest public way) on the z'+`S day of j �N i , 201_1 which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name (Attach photograph here) ADRIAN PETCU NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2DO74007254 MY COMMISSIOND(WRES FEBRUARY 20, 2015 G:\ounty\edminifb=\affidevit 1 0; �5- Signature Signed before me this 2014by �ACCaCi day of U L Skar-)ov/ WITNESS MY HAND AND OFFI IAL SEAL My commission expires: oZ Zo X15 -rklr�an �e�aw Notary Public Notary Public's Si a re June 10th Elam Construction June 19th Elam Construction 0 6/17/2014 {)JV rat v s ti 01 Pitkin County Mail - American Tower Corporabon Public Notices American Tower Corporation Public Notices Bonnie Shiles <bonnie.waechtler@pitkincounty.com> To: Lance Clarke <lance.clarke@pitkincounty.com> Lance, Attached are the new public notices for the American Tower Corporation applications. 'than( yoil, Bonnie Shales Administrative Assistant to Planning And Zoning Pitkin County Community Development 130 South Galena St, 3rd Floor Aspen, CO 81611 Phone: 970-920-5109 Bonnie.Waechtler@pitkincounty.com Tue, Jun 17, 2014 at 6:28 AM Please note Pitkin County email addresses have changed. Please change your contact list to reflect my new address. Thank you! 2 attachments ;A American Tower Hwy 82 Snowmass.2.doc 26K American Tower Woody Elam.2.doc 26K Lance Clarke <lance.clarke@pitkincounty.com> Tue, Jun 17, 2014 at 8:54 AM Draft To: Mike Shadow <mkshadowl@gmail.com>, Rebecca Aguirre<rebecca.aguirre@amedcantower.com> Try to get these in the mail as soon as possible. Sorry, but as I said Friday, the County Attorney said that since the posting wasn't done for that original June 11th meeting, the newspaper ad and the mailing had to be done again. We will take care of the newspaper ad. When you do the affidavit of posting and mailing, put both dates that you did mail -outs. The posted signs should be altered to say the meeting is July 9. Do you have someone up here who can do that? LC [Quoted text hidden] 2 attachments American Tower Hwy 82 Snowmass.2.doc 26K K American Tower Woody Elam.2.doc 26K https://mail.google.torr✓maill?ui=2&ik-eb4lOr3w7&tii w-pt&search=inboy&lh=146a9cd8fdb7b5eb&sini=146a9cd8fdb7b5eb 1/2 6/6/2014 �t t M 1 i rtt `"I % Re: Elam Tower PitWn County Mail -Re: Elam ToH Michael Sharlow <mksharlow1@gmail.com> To: Lance Clarke <lance.clarke@pitkincounty.com> Fri, Jun 6, 2014 at 12:51 PM That did not get done. I wasn't aware or any signs that required posting, just the mailings. Mike From: Lance Clarke <lance.clarke@pitkincounty.com> Date: Friday, lune 6, 201412:39 PM To: Michael Sharlow <mksharlowl@gmail.com> Subject: Re: Elam Tower It's the sign posting on the site that I'm concerned about . Did that get done? On Fri, Jun 6, 2014 at 12:03 PM, Mike Sharlow <mksharlowl@gmail.com> wrote: All were mailed weeks ago, I'll have the original notarized affidavits for you at the hearing. On Jun 6, 2014 12:00 PM, "Lance Clarke" <lance.clarke@pit kincounty.com> wrote: Yeah -That's how it seemed.l'd guess they left it at 65' Did the public notice postings go up? On Fri, Jun 6, 2014 at 11:46 AM, Michael Sharlow, <mksharlowl@gmail.com> wrote: It's 15' low. They are going out tomorrow to fix it. Mike From: Lance Clarke <lance.clarke@pitkincounty.com> Date: Friday, June 6, 201410:50 AM To: Michael Sharlow <mksharlowl@gmail.com>, Rebecca Aguirre <rebecca.aguirre@ americantower.com>, Victoria Chenault<victoria.chenault@wirelesscounsel.com> Subject: Elam Tower I went out this morning to look at Elam tower. Did they really set it at 80'? It looks pretty benign. Lower than all the Holy Cross towers around it. Hey, I didn't see a public notice sign posted. Did that get done? q https//mail.googlecorrVmail/7ui=2&ilreb410F3ac7&me pt8search=inbor&th=1467285daOe89444&simI=1467285daOe89444 1/1 6/23/2014 t Got. N-1 Pitlan County Mail -Re cell Io hearings July9 Re: cell tower hearings July 9 Mike Sharlow <mkshadow1@gmail.com> To: Lance Clarke <lance.clarke@pitkincounty.com> Mon, Jun 23, 2014 at 3:31 PM The mailing went out last Thursday, Rebecca and I met with Phylis last Friday and changed the signs then. should have the revised maps for you by Wednesday. Mike On Jun 23, 2014 3:18 PM, "Lance Clarke" <lance.clarke@pitkincounty.com> wrote: How are you doing on the mailing of the new notices. Do you have someone up here who can change the date on the signs? v https://mail.google.coMmail/?ui=28ilc-eb4lOf3ac7&tiev pt&search=trash&th=146caa42b5fl960d&sirri=146caa42b5fl960d 1/1 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 April 3, 2014 Mike Sharlow 4727 Lowell Boulevard Denver, CO 80211 Mksharlowl@gmail.com Re: American Tower Corporation Woody Creek/Elam Special Review for a Cellular Facility (PID 2643-161-02-010; Case P032-14) Dear Mr. Shadow: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public hearing by the Board of County Commissioners on Wednesday, May 28, 2014 at a meeting to begin at 12:00 P.M. in the Rio Grande Conference Room, 455 Rio Grande Place, Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Lance Clarke, the planner assigned to your case, at 920-5452. Sincerely, Bonnie Shiles Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Pitkin County Zoning Officer Open Space and Trails Woody Creek Caucus 911 Communications FROM: Lance Clarke, Community Development Department Lance.c larke_(a,pitkincounty.com RE: American Tower Corporation Woody Creek/Elam Special Review for a Cellular Facility (CASE P032-14; PID 2643-161-02-010) DATE: April 3, 2014 Attached for your review are materials for an application submitted by American Tower Corporation. The Board of County Commissioners will review the application on Wednesday, May 28, 2014. Please return your comments to me by Friday, May 2, 2014. http•//www aspenpitkin conilPortals/0/docs/county/Com%2ODev/Plaimin�,Y/Land Use Applications/ P032 14 app.pdf Thank you. 5/5/2014 PnWn County Mail -RE: American Tower Corporation Woody CreeWElam Special Reue✓✓for a Cellular Facility Sler%.I% RE: American Tower Corporation Woody Creek/Elam Special Review for a Cellular Facility W -C Caucus <caucus81656@gmail.com> Mon, May 5, 2014 at 9:46 AM To: Lance.clarke@pitkincounty.com The Woody Creek Caucus District Planning Commission has no objection to the subject application. For the Commission, by: Janet K. Schoeberlein 7274 Upper Ricer Rd. PO Box 423 Woody Creek, CO 81656 970-923-0040, fx970-922-7295 000019" n'. https://mail.goog le conJmail/?ui=2&ilreb410f3ac7&deur-pt&search=inboy&th=145cd1063a3670bf&sim1=145cd1063a3670bf 1l1 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00035782 Name: ATC Tower Services Inc Date:4/9/2014 Project Address: 7943 UPPER RIVER RD Type: check # 604542 Permit Number Fee Description Amoun 0032.2014.PLAN PP- Flat Fee 1,560.01 0032.2014.PLAN PP- Clerk Fee 130.01 0032.2014.PLAN PP- Public Notice Fee 54.01 Total: 1,744.01