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MEMORANDUM
TO:
Pitkin County Board of County Commissioners
October 1 ], 2006
THRU:
Cindy Houben, Community Development Director
FROM:
Ezra Louthis, Planner
RE:
Verizon Wireless Temporary Commercial Use Permit
SUMMARY: The Applicant is requesting Temporary Commercial Use Permit approval
pursuant to Code Section 3-200-030 to grant a six-month extension for a temporary wireless
telecommunications facility, or Cellular on Wheels (COW).
The temporary facility was approved by the BOCC on December 7, 2005, and was constructed in
April of2006 on the Morrow property. The COW consists ofa small mobile trailer and a 28'
wood pole driven into the ground 4', with four antennas mounted to it. Each antenna is 4' long
and l' wide. The original application located the COW at the temporary site until December 31,
2006, at which time the lease ran out with the landowner. The Applicant had anticipated the
location of a permanent site on the Booher property, but due to violations on the property, the
Applicant has not been able to apply for the permanent facility on that parcel.
The Applicant is requesting an extension for the facility to be located at the Morrow property
until June 30, 2007, or, if a permanent site is approved on the Booher property, the Applicant
would remove the facility within 30 days of the approval.
APPLICANT: Verizon Wireless (Ann Closser)
LOCATION: Morrow Property, Wingo Junction
ZONING: AFR-lO
BACKGROUNDIEXISTING CONDITIONS:
The Applicant originally requested the temporary site due to the elimination of the cellular site on
Basalt Mountain (Colorado Division of Wildlife will not renew the lease). The Applicant is in
the process of locating a permanent site for this particular area (Basalt, Wingo, Snowmass
Canyon).
STAFF COMMENTS:
Temporary Commercial Uses:
Temporary Commercial Uses are subject to review pursuant to the criteria in Code Section 3-200-
030.
A. An applicant must demonstrate that adequate provisions have been made for:
1. Police Supervision ifnecessary;
2. Public Parking;
3. insurance;
4. Site set-up maintenance and clean-up;
5. Emergency services; and
6. Safety of operations;
Response:
i. Police Supervision if necessary;
Not Applicable.
2. Public Parking;
Not Applicable.
3. Insurance;
The Applicant has contacted Kris Jewkes of the Risk Management Department, and
has satisfied the County's insurance needs.
4. Site set-up maintenance and clean-up;
The location of the trailer and the pole will be mixed with other similar buildings on
the property (see attachment B).
5. Emergency Services; and
Not Applicable.
6. Safety of Operations.
Not Applicable.
B. Temporary structures constructed or placed on the premises shall conform to any and all
applicable building codes and other County regulations.
Response: The Applicant will be required to obtain any necessary electrical or building permits
for the temporary use.
C. These permits shall be issued for no more than seventy-two (72) hours. Applications for
activities of longer duration must be approved by the Board at its discretion.
Response: The Applicant is requesting a permit for more than 72 hours, thus they are seeking
approval from the Board of County Commissioners.
D. A fund-raising or non-commercial event for a nonprofit religious, educational, or
community service organization shall not require a community development permit
provided the special event is conducted entirely (including parking) on private property
owned or leased by the sponsoring organization...
Response: Not Applicable.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
the Special Event/Temporary Use Permit for the location of a temporary telecommunications
facility on the Morrow property subject to the conditions in the attached resolution.
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ATTACHMENTS:
A. Resolution
B. Letter from Applicant with photo and design offacility
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING A TEMPORARY COMMERCIAL USE
PERMIT TO LOCATE A TEMPORARY TELECOMMUNICATIONS FACILITY
ON THE MORROW PROPERTY UNTIL JUNE 30, 2007
Resolution No, -2006
RECITALS
I. Pursuant to Section 3-200-030 of the Pitkin County Land Use Code, the Board of
County Commissioners of Pitkin County, Colorado CBOCC") may approve a
Temporary Use/Special Event Permit for commercial activities or special events
that exceed 72 hours in duration.
2. Verizon Wireless (hereafter "'Applicant") has applied to the BOCC for approval
of a Temporary Use Commercial Use Permit to locate a Temporary
Telecommunications Facility, or Cellular on Wheels (COW), on the Morrow
property located at 0097 Sherman Lane. The Facility will consist of a small
trailer and a 28' wood pole with 4 antennas mounted to it.
3. The BOCC heard this application at a duly noticed public hearing on October II,
2006, at which time evidence and testimony were presented with respect to this
application.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby grant approval for the Verizon Wireless Temporary
Commercial Use Permit to locate a Temporary Telecommunications Facility on the Morrow
property subject to the following conditions:
I. The Applicant shall obtain the proper Electrical and Building Permits from the
Building Department for the facility.
2. Exterior lighting on the facility shall be prohibited.
3. The facility shall be removed no later than June 30, 2007. In the event a new
permanent facility is located in the immediate area prior to May 30, 2007, the
Applicant shall have 30 days to remove the temporary facility from date of
operation of the permanent facility.
4. All material representations made by the applicant in the application shall be
adhered to and considered conditions of approval, unless amended by other
conditions.
.
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APPROVED AND ADOPTED ON THE 11TH DAY OF OCTOBER 2006.
ATTEST:
BOCC OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jeanette Jones ,
Deputy Clerk and Recorder
Mick Ireland,
Chair
Date:
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
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Cindy Houben,
Community Development Director
John Ely,
County Attorney
Case # P200-06
246721200003
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Closser Consulting Limited Liability Company
4305 Darley Avenue
Boulder, CO 80305-6027
Ann Closser
Tel. 303.554.1.432
Mobile 303.81. 9.3071.
Fax 303.494.0826
Email: aclosser@ldcomm.com
August 10, 2006
By Federal Express
Ezra Louthis
Aspen/Pitkin Community Development
130 So. Galena Street
Aspen, CO 8161 I
Re: Verizon Wireless Temporary Cellular Facility
Robert Morrow property - 97 Sherman Lane, Basalt, CO
Resolution No. 160 - 2005
(Internal reference: C03 Wingo COW)
Dear Ezra:
Consistent with our previous discussions, I submit an application for an extension
of the temporary commercial use permit for the Verizon Wireless installation. The
facility is located on the Robert Morrow property, 97 Sherman Lane, Basalt, CO. The
facility was constructed in mid April, 2006. To the best of my knowledge, there have
been no complaints about the installation. As you know, I have been working with Ed
Booher and his attorney to develop a site at the High County Trees property. Due to the
zoning violations (too many residential units and the cornmercial use), I have been
delayed in my development of a site on that property. It is not possible to file an
application for special use approval for property which contains a zoning violation.
Because of this delay, I have not made sufficient progress on the permanent Wingo
installation to allow the removal ofthe temporary facility by December 31, 2006.
I am asking for a 6 month extension on the prior permit, until June 30, 2007.
However, in the event I am able to develop a permanent installation prior to that date,
Verizon Wireless will agree to remove the facility within 30 days from the operation of
that site. This condition was agreed to relative to the former 12/31/06 deadline. I have
negotiated an extension of the temporary cellular facility lease with Bob Morrow. That
agreement, as extended, will expire as well on June 30, 2007.
On July 7, 2006 I sent a letter to Mr. Kent Schuler as president of the Holland
Hills HOA. I described the need for the extension of the temporary commercial use
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permit. He stated that the Holland Hills HOA will not support the extension of the
temporary commercial use permit. The HOA believes that wireless telecommunication
service facilities should be located at specified rnaster plamled areas, rather than placing
facilities throughout the County. I enclose a copy of my July 7, 2006 letter to Mr.
Schuler.
I enclose the following:
(I) Application fee of $1344 as this is deemed to be a "major" event for
consideration by the Pitkin County Board of County Commissioners;
(2) Application for a Temporary Commercial Use;
(3) Drawing package, which includes a survey as LS I;
(4) Picture of the existing installation;
(5) No detailed Safety and Operations Plan is tendered, as this is not an event. The
requirements of that plan do not seem applicable to the unmanned cellular
facility;
(6) Certificate of Insurance which names Pitkin County as an additional insured;
(7) Letter of Authorization from Verizon Wireless which enables Closser Consulting,
LLC to act as an agent with respect to this application;
(8) Letter of Authorization from Robert T. Morrow relative to the temporary
commercial use application;
I understand that the Board of County Commissioners must consider this
application. Please schedule this request for consideration as soon as possible.
Thank you very much.
Cc: Ms. Jane Johnson (by facsimile)
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