HomeMy WebLinkAboutverizon.wireless.cell.facilityREADING AND PUBLIC HEARING ON DRAFT RESOLUTION OF THE PITKIN
COUNTY BOARD OF COUNTY COMMISSIONERS DENYING SPECIAL
REVIEW, 1041 HAZARD REVIEW AND MINOR AMENDMENT TO A
DEVELOPMENT PERMIT APPROVAL TO VERIZON WIRELESS FOR THE
INSTALLATION OF A CELLULAR FACILITY
MEMORANDUM
TO:
THRU:
FROM:
RE:
Pitkin County Board of County Commissioners
March 23, 2005
Cindy Ho~munity Development Director
Ezra Louthis, Plmmer
Verizon Wireless Special Review, 1041 Hazard Review and a Minor
Amendment to a Development Permit
SUMMARY: Tile Applicant is requesting Special Review, 1041 Hazard Review and Minor
Amendlnent to a Development Permit approval pursuant to Code Section 3-210, 3-80, and 3-200-
080 for the construction cfa wireless telecommunications facility, including a 28-foot antenna
tower on a section of leased property above Holland Hills. The associated electronic equipment
will be enclosed within a shed-like structure that is 26-feet by 12-feet (312 sq. fi.).
APPLICANT: Verizon Wireless
LOCATION: IQ'is Cox (owner) Property, above Holland Hills
ZONING/LOT SIZE: AFR-I 0/5.62 acres
BACKGROUND/EXISTING CONDITIONS:
The parcel is currently undeveloped and contains a large Holy Cross easement that has above-
ground utilities located within it. The parcel received 1041 Hazard Review approval in 2002 via
a Takings Remediation pursmmt to BOCC Resolution No. 094-2002. The 1041 application was
originally denied by the Hearing Officer in 2002 due to the fact that the parcel lies within mapped
mule deer winter range, severe winter range and critical habitat. The denial is required pursuant
to Code Section 3-80-080(B), which prohibits development in those mapped areas.
STAFF COMMENTS:
MINOR AMENDMENT TO A DEVELOPMENT PERMIT (SECTION 3-200-080): The
Applicant is requesting an amendment to the Rager 1041 Hazard Review (BOCC Resolution 094-
2002), ia order to locate a cellular facility outside the approved building envelope.
A. The amendment must not change the use of the proposed development between
residential, commercial and tourist accommodation uses.
Response: The proposed mnendment does not change the use of the proposed development because
the cellular facility would be accessory to the principal residence.
The amendment must be consistent with action taken during the review of the original
development and does not constitute a new land development activity.
Response: The proposed amendment does oot constitute a new land development activity, however
it is not consisteut with original review because the proposed locatiou is located on slopes in excess
of 30%, and remains in mapped critical habitat, both of which violate 1041 Hazard Review
Standards.
The proposed activity does not:
1. Change the basic character of the approved use of the land on which the activity
occurs including basic visual appearance and method of operation;
~ I off- imp ts i th dig ighb h d;
~. ncrease site ac n e surroun n ne or oo
3. Endanger the public health, safety, or welfare;
4. Violate any land use Code Standard;
5. Substantially increase the need for on-site parking or utilities, or affect affordable
housing generation; and
6. Increase the floor area oJ'the use by more than (2) percent or decrease the open
space on the site by more than three (3) percent.
Response: The proposed amendment does not change the basic character of the approved use,
however it does change the visual appearance of the approved use because the propose facility is
located outside of the building envelope oo the side of a hill. Additionally, the proposed facility does
violate the Code Standards of Section 3-80-050(C), which probibits development on slopes
exceeding 30%, and Section 3-80-080(B), which prohibits development in mapped critical habitat
areas.
SPECIAL REVIEW STANDARDS:
A telecommunication facility is considered a Special Review Use within the AFR-10 zone district
and is snbject to the following standards pursuant to Section 3-210 of the Land Use Code:
The *7~ecial review use shall consider:
A. The applicable County Master ?lan;
Response: The proposed site is within the mapped Rural Residential (RR) area as
defined by tbe Pitkin County Down Valley Comprehensive Plan. The Rural Residential
designation area has a goal to "preserve the rural character of the district to the greatest
extent possible by enhancing visual quality, agricultural operations and wildlife habitat
while permitting isolated, carefully sited, low density residential development consistent
with the existing zone districts." While a cellular facility doesn't fit the goals of RR, the
Master Plan does not speak specifically to these types of facilities.
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 Article 2.
Response: The proposed facility is generally compliant with the Code, witb tile
exceptions noted above regarding prohibitions oo slopes in excess of 30% and the
mapped critical habitat.
C. The intent of the zone district in which it is proposed to be located.
Response: The intent oftbe AFR-10 zone district is to "maintain the rural character of
lands proximate to development centers and State bighways preserving agricultural
operations, wildlife habitat, and scenic quality while permitting low density, single family
dwelling units and customary accessory uses."
Cellular facilities are all accessory special review use.
The character of the immediate vicinity of the parcel proposed for development and
surrounding land uses, or enhance the mixture of complimentary uses and activities in
the immediate vicinity of the prolvosed parcel for development.
Response: The proposed facility is located adjacent to large power poles and lines,
which dwarf the proposed antenna and equipment shed. The surrounding land uses are
residential and Public Lands (BLM). The overall location of the proposed facility fits
with the existing power poles and line.
The localion, 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, parking, trush,
service delivery, noise, vibrations and odor on surroundingproperties.
Response: The proposed facility will have visual impacts on the surrounding
neighborhood. Adjacent property owners, and others within the neighborhood have
voiced their opposition to the proposed facility sighting the visual impacts, as well as the
possible (unlmown at this time) health concerns associated with cellular facilites.
The proposal shall in ilo way adversely effect pedestrian or vehicular circulation, parking,
trash, service delivery, noise, and odors oil the parcel or surrounding properties.
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 proposed development shall not require any additional public facilities or
services.
An application for a special review use must demonstrate to the Board of County
Commissioners that the proposed development will not:
Materially endanger the public health, safe.tv or welfare; and
Subslantially injure the value r¢'adjoining or abutting property.
Response: The Applicant has argued that installation of this facility will enhance
community safety by providing additional cell phone coverage along the Highway 82
corridor. There is no evidence to substantiate that properties will be devalued from the
proposed development.
1041 HAZARD REVIEW:
Geologic: The proposed facility is located on slopes in excess of 30%. Development is
prohibited on slopes of 30% or greater in the event there are other areas of less than 30%
in which development can occur. In this case, there is an approved building envelope in
which the proposed facility is not being located, thus the request is out of compliance.
Wiidlife: The proposed facility is located within mapped critical habitat for mule deer,
and thus development is prohibited. The property has already been through the Takings
process to establish the principal building envelope.
REFERRAL COMMENTS:
Joanna Schaffner, Pitkin County Zoning Officer and Kevin Wright of the Colorado Division of
Wildlife have reviewed tile application and their comments are attached.
RECOMMENDATION: Staff recommends that the BOCC deny the Verizon Special Review,
1041 .Hazard Review and Minor Amendment to a Development Permit approval for a cellular
facility to be located on the Cox parcel to the northeast of Holland Hills due to the facility's non-
compliance with 1041 Hazard Review Standards.
ATTACHMENTS:
A. Zoning Comments
B. CDOW
C. Neighbor letter
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, DENYING SPECIAL REVIEW, 1041 HAZARD REVIEW AND MINOR
AMENDMENT TO A DEVELOPMENT PERMIT APPROVAL TO VERIZON WIRELESS FOR
THE INSTALLATION OF A CELLULAR FACILITY
Resolution No. - 2005
RECITALS
Verizon Wireless ("Applicant') has applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") for Special Review, 1041 Hazard Review and Minor Amendment to
a Development Permit approval to install a 28-foot antenna, as well as approval to construct a
12'x 26' equipment shed.
The property is the Cox parcel located above Holland Hills Subdivision aod is more specifically
described in Exlfibit A.
The BOCC heard tiffs application at a duly noticed poblic hearing on March 23, 2005, at wbich time
evidence and testimony were presented with respect to this appl cation
The BOCC finds that the Applicant's proposal is not consistent with the 1041 Hazard Staodards
located in Section 3-80 related to slopes exceeding 30% and mule deer critical habitat.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby deny Special Review, 1041 Hazard Review and Minor Amendment to a Development
Permit approval to Verizon Wireless for the installation of a cellular facility on the Cox parcel.
Resolution No. - 2004
Page 2
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 20TM DAY OF
FEBRUARY 2005.
DENIED ON THE 23Rn DAY OF MARCH, 2005.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITK1N COUNTY, COLORADO
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
John Ely,
County Attorney
Case #P008-05
246721200002
Patti Kay-Clapper,
Chair
Date:
APPROVED AS TO CONTENT:
~d~ ~ouben,X
Community Development Director
A parcel of [and situated In Tract 64, in Sections 16 and 21, T 8S,
R 86W of the 6th P.M., iying northerwesterly~of the conterllne of a
lane, more c~pletely described as follows: a brass cap monument
marked for A. P. No. 2 of Tract 64 bears N 88o35'48" W. 385.58 feet;
thence S 88a35'48'' E. 908.14 feet to a brass cap monument marked for
A.P. No. 1 of said Tract 64;
thence South 248.00 feet;
thence S. 71025~28'' W. 162.20 feet along the centerllne of said
thence S. 89°34'24''
thence S. 35~34'38't
thence S. 72°15'26'
lane;
thence N. 60°11~27"
thence N. 52a00'56''
thence. N. 36°54~48''
thence N. 62°19'05"
~hence N. 35°40'20'
W. 57.60 feet along the centerllne of said
W. 50.80 feet along the centerlfne of said
W. 167.29 feet along the centerllne of said
W. 206.22~feet;
W. 131.41 feet;
~,~ 136. g9 feet;
W. 100.48 feet;
W. 92.37 feet to the point of beginning,
lane;
lane;
TOGETHER WITH a perpetual, non-excluslve easement and right of way
for.the purposes of Ingress and egress, as created, defined and
established In that certain Grant of Perpetual Easement for lngess
and Egress from Robert T. Morrow to Douglas Rager, and recorded
March 22, 1990, in Book 616 at Page 788, sald easement being over
and.across a strip of land 20.00 feet In width located within Parcel
1 and Parcel.2, BARTA FAMILY SUBDIVISION as recorded In Plat Book 14
at Pages 2 and 3, extendlng from the Northeasterly right-of-way line
of Colorado State Highway No. 82 Northeasterly to a line that bears
S1g°36'39"E from thhe Point of Termlnatlon, the Northwesterly line
of sald strip of land belng described as follows:
BEGINNING at the most Westerly Corner of sald Parcel 1, thence
N 39~12'11"E, 849.29 feet along the Northwesterly llne of said
Parcel 1 and said Parcel 2;
Thence N 71°43'30'E, 677.23 feet along the Northwesterly line
of sald Parcel 2;
Thence N 72~2:7'36.E, 43.58 feet along the Northwesterly line
said Parc~el 2j
"
Thence N 70~23'41"E, 180.00 feet along the Northwesterly line
of said Parcel 2 to the POINT OF TERMINATION.
............... . "' ·
Joanna Schafther, 10:29 AM 1/28/2005, Verizon Wireless Page 1 of 1
X-Sender: joannas~sam
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58
Date: Fri, 28 Jan 2005 10:29:24 -0700
To: ezral~co.pitkin.co.us
From: Joanna Schaffner <joam~as~ci.aspen.co.us>
Subject: Verizon Wireless
I have reviewed the application for Special Review, Minor Amendment to a Development Permit and
1041 Hazard Review tbr the above referenced applicant and offer the following comments.
1. The proposed lease area and development (regrading and the antennae) are located within the Holy
Cross easement. The letter from Mr. Ballinger does not mention development within the easement.
2. The applicant also is proposing regrading outside of the lease area.
3. The applicant proposes to cross the county trail. A development permit may be necessary fi'om
Open Space and Trails before construction begins.
4. It is unclear whether the proposed access exists or needs to be constructed. If it does not exist, then
the applicant should indicate the proposed alignment on the recorded site plan. An access permit may be
required.
5. There is no floor area exemption for square footage related to the proposed facility. Therefore, the
proposed 300 plus square feet will be deducted from the total 5,750 sf allowed on the parcel.
6. It is not clear that the proposed will be at least 10 feet away from the power lines in the event the
tower should fall down, as required in Mr. Ba~lenger's letter.
7. Can the applicant relocate to an existing cell facility such as Williams Hill, instead of in this
residential neighborhood?
8. The proposed structure is located on slopes in excess of 30%.
9. Resolution 93-02 should be reviewed to ensure that the proposed development is consistent with the
terms of the reso.
10. The applicant should indicate the proposed alignment for utilities (phone and electric is proposed).
If more than 50 cubic yards of earth are disturbed for utility installation.
11. The applicant is proposing to use a concrete color to "match the red dirt which is predominant in the
area". Color selection should be carefully considered so as to not create what will appear to be a "scar"
on the landscape (ie. exposed dirt). A color which matches surrounding vegetation may be a better
choice.
Printed for Ezra Louthis <ezral~co.pitkin.co.us> 3/15/2005
STATE OF COLORADO
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Bruce McCloskey, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
February 1,2005
Pitkin County Community Development
130 S. Galena
Aspen, CO 81611
RE: Verizon Wireless Special Review
Dear Ezra:
The proposed location for a cellular tower and associated building lies within elk and mule
deer winter range, severe winter range, and critical habitat. There will be direct loss of winter
habitat and forage species. However, this loss will be minimal since the location is on the edge
of this habitat immediately adjacent to numerous homes which are located just below the
power lines. Although the facility is not manned and human activity and disturbance should be
minimal, it will occur since there will be trips into this site throughout the year.
The Division would recommend the following to minimize impacts to wildlife:
1. all construction should take place between May 1 - Nov 30
2. all disturbed areas should be revegetated with native vegetation beneficial to mule
deer and elk with implementation of a weed management program (including access
road). The Division would be able to provide recommendations for a plant species
list if desired.
3. Except for emergencies, access to the site should not be allowed from Dec. 1 -
March 31. If winter access is allowed for routine maintenance, it should take place
between the hours of 10 a.m. - 3 p.m.
Thank you for the opportunity to comment. If you have any questions, please contact DWM
Kevin Wright at 947-2938.
Sincerely,
Pat Tucker
Area Wildlife Manager
Cc: DOW - J. Bedehoft, R. Velarde, K. Wright, file
DEPARTMENT OF NATURAL RESOURCES, Russell George Executive Director
W LDL FE COMMISSION, Philip James, Chair · Jeffrey Crawford, Vice-Chair · Brad Phelps, Secretary
Members, Bernard Black · Tom Burke · Rick Enstrom · Claire O'Neal · Robert Shoemaker · Ken Torres
Ex Officio Members, Russell George and Don Ament
RE case P008-05 Verizon Special Review
Pitkin County Commissioners:
I would like to voice my opinion on the proposed Verizon transmitter tower and structure
to be located near my home in Holland Hills.
I feel this is too close to people and their lifestyles to be acceptable. We am bombarded
with radio waves at all times, and no one knows the long term effects of close proximity
to transmitters. I don't think it can be healthy.
Them is also a large variety of wildlife familiar with this natural area which will be
further affected.
Also, the structure and tower will be visible to me, my neighbors, and the multitude of
users of our valley trail system.
Please ask Verizon to find a more suitable location for the repeater. Perhaps they should
locate it further up valley to fill the area of poor coverage in Snowmass Canyon. They
just want to put it in our backyard because it would be easy and cheaper.
Thank youforyourc~~.;· ;, .!.,.; [ ~
Doug and Sue Lucks ~ v~O.-%
Lot 43 Holland Hills
647 Holland Hills Rd
Basalt
927 4674
PITKIN COUNTY
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Rose Ann Sullivan
PHONE: (970) 920-5482
EMAIL: msean nsC~:o, pitkin.co.us
LOCATION: Basalt - above Holland Hills
Subdivision (end of Holland Hills Road)
APPLICANT: Verizon Wireless
OWNER: Kds Cox
REPRESENTATIVE: Dave Closser
Closser Consulting LLC
(Address TBD)
DATE: 8/11/04
ZONING/ACRES: AFR-10/5.62 acres
PARCEL ID #: 2467 212 00 002
PHONE: (970) 927-6782/379-5918 (cell)
FAX: (970) 927-3952
EMAIL: dclosser~,aol.com
Type of Applicafion: Special Review for a telecommunications facility, and MinorAmendment to a
Development Permit (and 1041 Hazard Review in connection with same).
Description of Project/Development: Applicant proposes to locate a telecommunications facility, including a
monopole, on the property with the permission of the property owner. The property is currently undeveloped, but
is traversed by power lines. Applicant proposes to construct a 12' x 26' building and a 28' monopole on 30' x 40'
of leased space. Applicant and the property owner would enter into a 5-year lease with automatic renewals for
up to 25 years. Applicant is proposing to access the property over an existing easement previously granted for
the benefit of the property owner. Once on the property, applicant would use the reute taken by Holy Cross when
it constructed its power lines on the property. There would be no new clearing or read construction. Applicant
would access the property once or twice a month to perform routine maintenance on the facility and for any
emergency work.
A Building Envelope was previously established for the property after a takings headng (see BOCC Res. No.
094-2002 (Reception No. 468854) and the site plan recorded at Book 67, Page 92). The original application wes
denied by the Headng Officer due to the presence of elk and mule deer severe winter range and cdtical habitat.
Rockfall and development near an alluvial fan were also previously identified as geologic concerns. Applicant
proposes to locate the telecommunications facility outside the previously approved Building Envelope. Applicant
expects that the new site will encroach upon s opes >30%.
Pitkin County Land Use Code:
- Subsec. 3-80-050(C)(1)(c): Development Standards for Potentially Unstable Slopes (address development on
slopes > 15%).
-- Subsec. 3-60-050(D) and (E): Rockfall Areas and Alluvial Fans (address any development within these areas
on the property).
- Subsec. 3-80-080(B): Deer, Elk and Bighorn Sheep Winter Concentration Area/Severe Winter Range/Critical
Habitat (area was previously identified as within elk and mule deer severe winter range and cdtical habitat).
-- Subsec. 3-200-080: Minor Amendments to a Development Permit.
- Subsec. 3-210-020: Special Review- General Standards and Cdteda.
Review By: BOCC (One-Step Review).
Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days pdor to
the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days
prior to the hearing with the return address of the Community Development Department (copy of 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. See Sec. 4-90 of the Pitkin County Land Use Code regarding notice requirements.
Staff Will Refer Application To: Zoning, County Wildlife Biologist.
FEE: $3,778 (make check payable to "Pitkin County Treasurer"), consisting of:
> Planning Flat Fee (Special Review - Major - $2,580 and Minor Amendment to a Development Permit
- $645): $3,225 (non-refundable; based on 15 hours of staff time; if staff review time exceeds 18 hours,
the applicant will be charged for additional time at a rate of $215 per hour).
Wildlife Biologist: $2t8.
County Clerk: $310.
Public Notice/Publication Fee: $25.
To apply, submit the Fee specified above and 7 copies of the following documents, unless otherwise
noted:
1. Written consent from the owner of the property for the applicant to process the application and authorizing
the applicant to act on behalf of the owner (1 copy);
2. Written consent from the applicant for the representative named above to process the application and to act
on behalf of the applicant (1 copy);
3. Memorandum addressing the provisions of the Pitkin County Land Use Code listed above and containing
sufficient information to demonstrate that the substantive review standards have been met;
4. Amended 24" x 36" (folded) 1041 Hazard Review Site Plan showing the new development envelope for the
telecommunications facility and locating the proposed telecommunications facility on the property, and
complying with the requirements of Subsections 3-80-050(C)(1)(b) and 5-70-040 of the Pitkin County Land
Use Code;
5. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the
property within Pitkin County;
6. Disclosure and proof of ownership of the property complying with the requirements of Subsec. 5-50-020(D) (1
coPy);
7. Proof of adequate legal access to the property available to applicant (i.e., a copy of the property owner's
ingress/egress/utility easement agreement) (1 copy);
8. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form
(1 copy);
9. This Pre-Application Conference Summary Sheet; and
10. List of all adjacent property owners and mineral estate owners (1 copy).
NOTES:
PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPL/CA T/ON.
PLEASE SUBMIT TWO-SIDED COP/ES OF ALL REMAINING COPIES OF YOUR APPLICA T/ON (IF
POSSIBLE). PARCEL ID MUST APPEAR ON ALL DOCUMENTS INCLUDED IN YOUR APPLICA T/ON.
The Pitkin County Land Use Code is available on-line at www. aspenpitkin.com.
This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The
information provided in this Summary Sheet is based on current zoning standards and the sta~s
interpretations based upon representations of the applicant's representative. Additional information may
be required upon a complete review of the application and site visit(s).
WRTFI'EN DESCR~ZPTION AND STANDARDS ANALYSIS
Colorado RSA No. 3 Limited Partnership d/b/a VERTZON WIRELESS
Introduction and Proiect History
Colorado FLSA No. 3 Limited Partnership, d/b/a Verizon Wireless intends to
construct and operate a new cellular facility on property owned by Kris Cox. The
Cox property was previously the subject of a 1041 hazard review, which resulted
in the Rager Hazard Review Site Plan recorded at Plat Book 67, Page 92, and
Reception no. 49217. The proposed Verizon Wireless development will not be
located in the building envelope created by the Rager Hazard Review. Rather,
the Verizon Wireless development will require its own building envelope.
The Vedzon Wireless facility is necessary because the existing site on Basalt
Mountain will have to be dismantled in September 2005. The existing property
owner, the Division of Wildlife, will not review the Verizon Wireless lease
agreement. The existing site has been operational for over a decade, and due to
the high geographic location, it provides cellular coverage to an expansive area.
Accordingly, it is essential that Verizon Wireless develop this installation to
prevent a significant gap in coverage along portions of Hwy. 82 in the Wingo
area.
Facility Location
The property is located just north of the Holland Hills Subdivision, and is legally
described as Tract 64, Sections 16 and 21, Township 8 South, Range 86 West of
the 6TM PRY1. The propeKo/contains approximately 5.62 acres. The site location is
illustrated on the vicinity map on the title sheet of the drawing package.
Proiect Descriotiqn
The Verizon Wireless facility will have three components; equipment, antennas,
and a pole to support the antennas. (1) The equipment shelter will contain all
the necessary electronic equipment, as well as backup batteries and a diesel
generator to keep the site operational in the event of an extended power failure.
The dimensions of the shelter will be; 26' long x 12' wide x 11'6" tall.
(2) The facility will contain two sets of 4 directional antennas which will be
mounted at the top of the pole. Each panel antenna will be rectangular in shape,
the dimensions of which will be approximately 4' high by 8" wide by 6" deep. The
two sets of antennas will be pointed in roughly opposite directions (northwest
and southeast).
1
(3) A 28' steel monopole will support the two sets of antennas. The pole will be
approximately 24" in diameter at its base will be painted with non-reflective
paint. The color of the pole will be selected for maximum compatibility with the
surroundings.
This site is located on a hillside at the northwestern corner of the Kris Cox parcel.
It will be located directly behind two sets of high voltage power lines. The nearby
power poles are at least 20' taller than the proposed Verizon Wireless monopole.
This location on the Kris Cox property has been selected for several reasons. 1)
This location will effectively meet the Verizon Wireless coverage objectives while
adhering to the County's 28' height limit. 2) The visual impact will be minimized
by the existing power lines and poles. 3) This location will require little
disturbance to the natural topography. The existing Holy Cross Energy access
road runs directly to the proposed site. No additional access road will be
required.
Access to the eastern end of the Kris Cox property will be via the Hoagland
Ranch Road (see enclosed access and utility easement agreement). Access
across the Kris Cox property will be via the existing Holy Cross Energy service
road which runs across the entire property. The Verizon Wireless facility has
received written approval from Holy Cross Energy. Please see the enclosed letter
dated October 19, 2004, from Mr. Bob Ballinger, at Holy Cross Energy.
Power and telephone service will come from Hoagland Ranch Rd. All new power
and phone lines will be buried. Power will be provided by Holy Cross Energy,
phone service by Qwest. No water, sewer or waste removal service will be
required for this site.
During construction there will be daily traffic to and from the site. After an
approximate 6-week construction period, the site will be visited only once or
twice a month for routine maintenance by a technician driving a four-wheel drive
truck.
STANDARDS
3-210-020 General Standards and Criteria
3-210-020(A) Pitkin County I~aster Plan. No plan issues implicated.
2
3-210-020(B.) Article 2 Land Use Policies
2-90 Soil, Surficial Geologic Characteristics and Radiation.
The varying grades on the property are illustrated on sheet Z2.1. A
civil engineer will develop all necessary retaining walls and grading
to minimize any hazards associated with construction on grades
exceeding 30%. Retaining walls and existing drainage patterns on
and off site (but proximate) will be preserved or improved.
2-100 Drainage. Not applicable. The proposed structure will only
be 312 square feet in size. The total disturbed area will be no
larger than 1680' square feet (56' x 30'). There are no streams
nearby, only a small gully which may contain water only during a
heavy rain. The existing runoff through the adjacent swale will not
be disturbed. However, this ditch may be moved slightly a few feet
to protect the equipment building and prevent erosion.
2-110 Erosion. The disturbed area will be no larger than 1680
square feet; but the footprint of the shelter will be 312 square feet.
Retaining walls will be constructed as illustrated on the site plan.
The disturbed area will be revegitated after construction.
2-120 Scenic Quality. This facility will be at the base of a hill and
will not create a silhouette effect on the skyline from any
perspective. The monopole will be considerably shorter (at least
207 than the nearby power poles. The monopole and equipment
building will be painted in colors which match their natural
surroundings.
2-130 Air Quality. Not applicable.
2-140 Water Resource impacts. Not applicable. No water or
sewer will be associated with this unmanned facility. There will be
no impact on water table.
2-150 Noise, The only noise associated with the installation will
be from the air conditioning units and the backup generator. The
air conditioning units will run as required to maintain a constant
temperature within the building. The generator will be tested for a
30 minute period each week, and as required during extended
power failures. Neither the generator nor the air conditioning units
will result in any noise in excess of state standards, it is doubtful
whether either the air conditioning units or the generator will be
audible from the closest residence which will be at least 250' away.
3
2-160 Wildlife Management. This facility will have minimal
impacts on wildlife. Verizon Wireless will revegetate disturbed
areas as recommended by the County. The facility will not be
fenced. There will be no dogs associated with the development.
See discussion of section 3-80-080(B) below relative to specific
measures which will be taken to mitigate any impacts to the
wildlife. The property has previously been identified as within elk
and mule deer severe winter range and critical habitat.
2-170 Adequate Provision for Water Needs. A fire hydrant is
located approximately 600' to the East of the proposed site. The
site will not require water beyond that required by the fire
department. Additionally, Verizon Wireless monitors all of its
installations remotely, 24 hours, 7 days each week. The cell sites
are monitored for smoke, temperature, humidity, AC power failure,
and door entry. ]~f any deviations from normal parameters are
reported, a technician is immediately dispatched to the site.
Additionally, all aspects of the cellular facility (tower, equipment
and antennas) are tied to a grounding system. :If lightning were to
strike any part of the facility, it would ground out into either a
metal grid or ring under the ground. A Iow resistance DC path
exists from all of the antennas and equipment to the ground.
2-180 Sewage Treatment. Not applicable. No sewage
generation at this facility.
2-190 Impacts on Road System. There will be daily traffic
during construction, for approximately 6 weeks. After construction
the facility will be visited only once or twice a month for
maintenance by a technician in a pick-up truck.
2-200 Road Design and Construction. No applicable. No
additional roads required and no road improvements are
contemplated as part of this development.
2-210 Logical Extension of Utilities. Not applicable. Only
electric and phone service will be necessary for this unmanned
facility. Power and electric services will be secured by Verizon
Wireless to meet the precise requirements for this facility.
2-220 Impacts on Taxes and Management of Necessary
Services and Facilities. Not applicable. No impact.
4
2-230 Transportation. Not applicable, traffic impacts associate
with the installation are nominal. Only one or two vehicle visits per
month are anticipated.
2-240 Compatibility with Agricultural Lands and
Operations. There are presently no agricultural uses on the
property. Livestock is not allowed due to wildlife protection
measures implemented by the Rager 1041 Hazard Review. The
zone district designation is AFR 10, but given the terrain and arid
conditions (not riparian, no lakes or irrigation), the property is not
suited to agricultural uses.
2-250 Compatibility with Historical and Archaeological
Resources. There are no recorded historical or archaeological
resources which will be implicated by the development.
2-260 Housing. Not applicable.
2~270 Energy Conservation. The equipment building is well
insulated, containing no windows and only one door.
2-280 Compatibility with Public Lands. Negligible impaq. The
facility will be located next to existing power poles and transmission
lines which will minimize any impacts to public lands. See the
enclosed pictures of the proposed site location and the existing
Holy Cross Energy power lines.
2-290 Access to Public Lands. Not applicable; access to public
lands will not be implicated.
2-300 Private Land Surrounded by Public Lands (In
holdings). Not applicable, the property is not an in-holding.
3-210-020(C) Cons[stent with the intent of the Zone District
The small scale facility will be consistent with the intent of the AFR 10
zone district.
3-210-020(D) Compatibility with the Character of the Immediate
~'cinity. This site was selected in part due to it's proximity to the existing
high voltage lines and power poles. There are no other existing
developments in the immediate vicinity which will be in any way
influenced by the development.
5
3-210-020(£) Harmony with surrounding areas
The location, design, and operational characteristics of the development will
compatible with the character of the immediate vicinity. Tn fact, this utility is
well aligned in nature with the existing power poles and lines. This area is not
within a view corridor; nor will it impact those traveling on Hwy. 82. The small
scale development will have no impact on pedestrian or vehicular traffic.
Parking, trash, and service deliveries are not germane to the development.
There will be no air or water pollution associated with this development. The
unmanned cellular telephone facility will not create any vibration, odor, or other
impacts on the surrounding properties. Visible impacts on surrounding
properties will be negligible.
$-2~0-020(F) Adequate Public Facilities and Services, The facility will
require only power and telephone services. There will be no other impacts on
the public infrastructure. Electric and phone services will be secured by Verizon
Wireless directly from Qwest and Holy Cross Energy. Tn fact, the proposed
facility will ensure that emergency service providers (police, tire, ambulance) will
have reliable wireless telecommunication services along portions of Hwy. 82.
The ability of emergency service providers to assist the public will be improved
and not diminished by the Verizon Wireless development.
$-210-020(G)There will be no danger to public health, safety and welfare. The
facility will have minimal visual or operational impacts. This facility will not
impact surrounding property values. The small facility will be partially built into
the hillside, painted to match the surrounding environment, and will be located
behind the existing high voltage power lines. This installation will provide service
to be lost by the dismantling of the existing Verizon Wireless site on Basalt
Mountain. Without this installation, there will be a substantial loss of coverage
along portions of Hwy. 82. Citizens, motorists, and emergency service providers
will suffer due to the loss of wireless telephone services. This installation will
actually promote the public health, safety, and welfare, by ensuring continuous
wireless telecommunication services to police, fire, and ambulance as well as
those residing, recreating, or traveling in the area.
3-200-080 Minor Amendments to a Develooment Permit
3-200-080(A)This minor amendment (proposed telecommunications
facility) in this remote and otherwise not usable space (adjacent to high
power poles and lines) will not affect the primary use on the property,
which will be a residential dwelling.
3-200-080(B)This amendment will be consistent the original 1041
hazard review plan. The intent is to add an additional building envelope
6
(56' x 307 for a total of 1680 square feet. This building envelope will be
separate and apart from the existing approved envelope. The cellular
facility will be located 2500 feet to the northwest of the approved
envelope.
3-200-080(¢.) (1) The proposed facility will not change the basic
character of the approved use of the land. The basic visual appearance of
the property will remain unchanged.
(2) There will be no off-site impacts to the surrounding neighborhood.
The facility will be located behind existing power lines and poles on a
remote portion of the property. The power poles are considerably larger
than the proposed facility.
(3) The proposed facility will not endanger public health in any way. In
fact, if a replacement installation is not constructed in the Wingo area,
there will be a significant inability to place or receive cellular telephone
calls along portions of the highway. Highway 82 is heavily traveled;
particularly during the winter months when the road conditions are poor.
The loss of cellular telephone service would be a severe detriment to the
health, safety and welfare of the public. Therefore, if a replacement site
is not operational by September 2005, the public health could be
endangered by the dearth of wireless telecommunications.
The only emissions from this site will be radio frequency which will be well
within the FCC standards. In fact, the emissions will be but a small
fraction of the operative standard for the general public.
(4) No land use code standard will be violated. The proposed
development is consistent with all height and setback limitations.
(5) There will be no increase in parking requirements, and a minimal
need for additional utilities.
(6) There will be no increase in the existing floor area by greater than
2%. There will be no decrease in open space greater than 3%.
3-80-050(C} ¢ ~.} (c} Development Standards for Potentially Unstable
Slopes.
(ii)(a)(1) No Alternative building site: Portions of the development will be
constructed on a slope with a grade of 35% to 40%, because there are no
alternative building sites on the property for this development. Geographically
the area is an exposed vegetative outcrop. This is a unique development, as it is
7
essentially an unmanned utility. This is not unlike other utilities located in the
immediate vicinity. However, only the equipment shelter will be located on the
portion of the building envelope with grades which will be between 35% and
40%. The area to be disturbed is very small. The total square footage of the
shelter will be 12' x 26' or 312 square feet. This is miniscule in relation to a
residential structure in Pitkin County and even a standard two car garage.
Verizon Wireless will mitigate any erosion with a retaining wall surrounding
portions of the development. The retaining wall will also mitigate the potential
for the slide of any soils or mud. There are no occupied buildings at the base of
the slope. Ken Hawkins, a State of Colorado licensed civil engineer, will provide
a geological plan which will describe in detail the soils, slopes, and measures to
mitigate any hazards associated with development on the slope of greater than
30%.
The pole will be located in an area with a slope of 30% to 35%. However, the
pole will require only a foundation, and no other grading. A soils report has
been completed. The structural engineer will make a foundation
recommendation for the pole based on the composition of the soil and the
anticipated loading.
(ii)(a)(2)
Mitigation measures employed will be the least visually and ecologically obtrusive
measures feasible. A concrete retaining wall will blend well with the surrounding
environment (sage brush, wooden power poles). The concrete color can be
selected to match the red dirt which is predominant in this area.
(ii)(a)(3)
The existing drainage swale to the east of the shelter will be retained. Verizon
Wireless will excavate and reinforce that swale to maintain a contained runoff
away from its equipment shelter. There will be no water added to the site which
would result in a decrease in the stability of the slope. The toe of the slope will
not be removed. There will be no increase of the weight load at the top of the
slope. The slopes will be re-contoured so that they can be re-vegetated.
Existing slopes will not be steepened.
3-80-050~D~ Rock fa#Area, The development will not occur within a rock fall
area.
~ AlluvialFan=. The development will not occur within an alluvial
fan area.
3-80-80(B) Wildlife Habitat Areas. After construction is complete, the facility
will only be visited once or twice a month for routine maintenance. This modest
traffic will have negligible impacts on the existing wildlife. Disturbed areas will
8
be re-vegetated after construction. There will be no dogs associated with the
development. The improvements will not be fenced. There will be no trash or
fruit trees in connection with the Verizon Wireless installation. Livestock grazing
is not an issue. There will be no changes to run-off within the swale to the east
of the proposed shelter location. The site location is not riparian. Adequate
erosion measures will be implicated, i.e. there will be a concrete retaining wall
surrounding portions of the development.
9
KNO~ ALL ~ BY THESE pRESENTS*-
616 '789
EXHTBTT ~
& strl of land 20.00 ~eet tn eldt# loCa~ vtthtn
tAIITA ~J~4ILY SUBDIVISIQII as recorded In Plat Book 14~o~
_~0..8~ .g?l'thei_?t~Cl_Y_. ...... ,. ~., ~ ,,( pta ofil)lld being described
II ~lltt -
~ZI ffl~, IlOq I~ IlOT~&~bm '; .......
·
Thence NTlO43'30'E, 677,23 hat along the Nortln!ste !y
Thence ~72027'36'E, 43.68 fee~ along the Northwesterly 11ne of satd Parcel
~hence N70'23'41"£, 180.00 feet along the Nortllel .~erly'ltne of lard Parcel
2 to the POINT OF TEKNINATIQN,
TO #. 1 In Southlasterl o
8 ~uth. Range 86 list of. the 6~h?:_ .l~_, ~,, it P~e 4~ and Northveste_rlY
land aa da$cr4 .104. d - - - d 20.QO foot vdde it~tp o
of the he~thvesl~rly Tine uf the &bore descrthe
COUnty of PItktn,
State of Colorado.
f
3799 HIGHWAY 82 · RO. BOX 2150
GLENWOOD SPRINGS, COLORADO 81602
(970) 945-5491 · FAX (970) 945-40~1
October 19, 2004
Mr. Dave Closser
Closser Consulting LLC
0122 River Be~d Road
Snowmass, CO 81654
Re: Proposed Ceil Site in Section 16, Township 8 South, Range 88 West of the 6* P.M.
Dear Dave:
The above mentioned cell site is located near Holy Cross Energy's fifty (50) foot wide transmission line
easement. Therefore, the following conditions must be satisfied:
1. Any tower associated with the cell site must be located far enough from the adjacent transmission
line to ensure that the tower will come no closer than 10 feet to any wire if it were to fall directly
towards the transmission line.
2. No guy wires for the tower will be allowed on the transmission line right-of-way.
3. Extra grounding should be installed to protect the cell site.
4. The rough road on the transmission line right-of-way can be used for access to the cell site
after obtaining anv necessary land owner's permission.
5. Anyone working on the cell site must be made aware that the overhead transmission
line located on Holy Cross Energy's right-of-way will be energized at 115,000 volts
at all times.
If you have any questions, please contact me at 947-5415.
Sincerely,
HOLY CR)OSS ENERGY )
Bob Ballinger,
Right of Way Technician
BB:vw
Kris Cox Prope~,
Tract 64, S 16 and 21, T 8, R 86
11/16/0q,
1OO002
X
Kris Cox Parcel
~ PROJECT DATA
ADDRESS JURISDICTION
NEW CONSTRUCTION
PROJECT CONTACTS
SLRVEYO~
DLEC~=~CAL~
003= W [ GO, AL%#3
CELL S~7E
l~m~'j~wireless
SITE
VICINITY MAP
INDEX OF DRAWINGS
T1 ~LS SHEET
LS1 ~
Zl sm: pt~4
PROJECT SUMMARY
APPROVAL
Stamp
Project Tr~e
C03-
WINGO, ALT.3
CELL SITE
Issue Date
8-31-04
Date Rev~iom
Sheet 1 of I
T1
II
;i
/
LOT ~
VERIZON WIRELESS
C05 WINOO aLT NO
~'talOOR~
AND 5UEb~
ENLARGED SITE PLAN
/
/
Stamp
·
T- REX
Arcf~itex
Project Trite
CO3-
WlNGO, ALT.3
CELL SITE
issue Date
8-3%04
Date Revisions
Sheet 1__of 3
Zl
COAXL_ENGTH$
LD 0
ENLARGED SITE PLAN
\
Stam~
·
T-REX
Proiect TCde
CO3-
WINGO, ALT.3
CELL SITE
8-31-04
Date Rc=Msx)ns
Z2
EXISTING 40%-45%
UNDISTURBED SLOPE
EXISTING 30%-35%
UNDISTURBED SLOPE
kEXISTING
UNDISTURBED SLOPE
ENLARGED SITE PLAN
EXISTING 30%~5%
EXISTING 35%-40%
UNDISTURBED SLOPE
Stamp
T,REX
Axc~tex
PrcYtect T~Be
C03-
WlNGO, ALI.3
CELL SITE
Issu~ Date
8-31-04
Sheet S of 4
Z2.1
WEST ELEVATION
Project T~de
C03-
WINGO, ALT3
CELL SITE
issue Date
8-31-04
Date ~
Sheet 4 of 4
~ SOUT~ ELEVATION Z3
FRO, J~'T DATA
NE~ CONSTRUCllON
503~ S. LtS~P-. SUTE ~80
DENVI~ CO 8~3'/
BAVI~ KAZ3N
O LL
wireless
8.]50 E. CRESCENT PKWY
GREENWOOD VILLAGE, CO 80111
303-694-3234
SITE
MAY P~SLJLT N ~ DESIGN OR ~ COb--T~
~) ~'~ VICINITY MAP
'~' "*~ T1
/ /
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C03-
WINGO, ALT.3
CELL SITE
· 'N /
/
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T-REX ..........
Z2.1
~N
C03-
WINGO, ALT3
CELL SITE
8-~1-04
I::LAGE~3:041 HAZARD REVZEW Srl'E PLAN
'~88'* 35 ~4 EI"E