HomeMy WebLinkAboutbocc.res.206.2000 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY,COLORADO,GRANTING APPROVAL TO THE IVES SPECIAL
REVIEW FOR A TELECOMMUNICATIONS SITE AND 1041 HAZARD
REVIEW
Resolution No,&-2000
RECITALS
1. Voice Stream Wireless ("Applicant")has applied to the BOCC for approval of a
building envelope,which will contain a telecommunications base structure and
tower.
2. The property is located at 2147 Lower River Road and is described as Tract 8 of
Aspen River Valley Ranch.
3. The property is zoned AFR-10 and contains approximately 14.26 acres. The
property is conforming in size and contains an existing residence.
4. The property was granted 1041 Hazard Review approval on April 19, 1988
pursuant to Resolution No. 88-13.
5. The Planning and Zoning Commission heard this application at a duly noticed
public hearing on August 1, 2000, at which time evidence and testimony were
presented with respect to this application.
6. The BOCC finds that the proposed telecommunications facility is appropriate and
does not have any substantial visual impacts on the surrounding area.
7. The BOCC finds that the proposal is consistent with applicable master plans and
the Special Review Criteria in Land Use Code Section 3-210.
8. The BOCC further finds that the proposed base structure and tower avoid wildlife
habitat and wildfire hazard areas.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners
that it hereby grants approval to the Ives Special Review for a Telecommunications Site
and 1041 Hazard Review, subject to the following conditions,which shall run with the
land and be binding on all successors in interest.
1. The Applicant shall adhere to all material representations made in the application
and public meetings.
2. All previous conditions of approval on the property pursuant to Resolution No. 81-5
and 88-13 shall remain in effect unless modified by terms of this approval.
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Resolution No)44_-2000
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3. The approved tower and all antennas shall not exceed 25 feet in height and shall
receive Board of Adjustment approval if required prior to building permit
submission.
4. The tower shall be painted in an earth-tone color which blends with the surrounding
background. The color shall be approved by planning staff prior to building permit
application.
5. The building envelope shall be defined by the approved fence structure that
surrounds the facility. The square footage of the building envelope shall not exceed
300 square feet. The building envelope shall avoid any approved easement on the
property unless deemed an allowed use in the easement.
6. All structures associated with the telecommunication use shall be removed when the
lease expires or when the use ceases.
7. The applicant shall provide a radio frequency radiation(RFR) study to the Pitkin
County Communications Engineer for review and approval prior to building permit
application.
8. The applicant shall conduct annual RFR site assessments with grid measurements
available to Pitkin County and the Communications Engineer.
9. Access shall be provided to Pitkin County to conduct an independent RFR study to
ensure that the applicant is operating within the FCC's Maximum Permissible
Exposure(MPE) standards.
10. Within 60 days of the date of this approval, the Applicant shall record a 24 X 36 inch
mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land
Use Code. The site plan shall also be submitted in digital format for integration in to
the County Geographic Information System(GIS).
11. No development shall be permitted outside the building envelope except for access,
reclamation, and landscaping as shown on the approved site plan.
12. The owner shall grant a leased access easement to the benefit of the Applicant which
shall be recorded with the Pitkin County Clerk and Recorder's Office prior to
building permit application.
13. There shall be no exterior lighting associated with the telecommunications facility.
14. Site development/construction shall not occur from December 1 through March 31.
15. No dogs are allowed on site by construction workers.
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16. A weed control program shall be established and implemented at the development
site and along the access road leading to the site. The program shall be approved by
the Land Management Office prior to building permit application.
17. Access to the site shall be limited from December 1 through March 31 to no more
than one trip per month or for emergencies only. Access to the site should be
restricted during this period from 10:00 a.m. to 3:00 p.m.
18. Small trees and shrubs (pinon juniper, serviceberry, oakbrush) shall be planted on
the uphill side of the building envelope. A landscape plan shall be approved by the
planning staff prior to building permit application.
19. Property owner shall be made aware of violations of active protective covenants if
applicable.
20. Statutory vested rights for the approval contained herein are granted pursuant to the
Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set
forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The
statutory vested rights granted herein shall expire on September 27, 2003.
21. This approval shall expire after five years on October 25, 2005. The applicant is
required to submit an application for extension of this permit no later than October
25, 2004 if an extension is desired.
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Resolution No,,V6-2000
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NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 26th DAY OF AUGUST 2000.
APPROVED ON THE 25TH DAY OF OCTOBER 2000.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN
THE ASPEN TIMES WEEKLY ON Nt)V, 24W
ATTEST: BOARD OF COUNTY
COMMISSIOERS, PITKIN
COUNTY, COLORADO
��� R., 4
L dee p.. Dean Shefry Roy Harper,
Clerk to the BOCC Chairperson
Date: 11 • 2.1 '
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John lyeCMdy Houben,
�ziity Attorney Community Development Director
Case#P77-00
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