HomeMy WebLinkAbout4.0 BOCC Staff Report 03.12.2001iVlemorandum
To: Board of County Commissioners
CC:
From: Garfield County Planning Department
Date: 05/15/2001
Re: Stewart Site - Proposed Telecommunication Site Located at Lot 8 Grass Mesa
When the Stewart Site request first came before the Board on January 22nd, 2001 it was continued
until March 12th, 2001 and subsequently April 16th, 2001 each time to allow the applicant to obtain
permission from the Grass Mesa HOA to place the tower and access to the site.
Speaking to the representative for Clear Talk, they have continued their efforts but progress has been
slow, at this time neither approval from the HOA or access to the site has been obtained.
At this time the Board of County Commissioners could deny the application or continue until a date
certain.
o< —
1
B of CC — 03/12/01
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Special Use Permit for a
Telecommunication Facility
APPLICANT: NTCH Colorado, Inc. ClearTalk PCS
LOCATION: Between County Roads 315 and 331 and
approximately one mile south of Silt.
SITE DATA: A cellular phone repeater station consisting
of an 80 -foot lattice tower, a 100' X 100'
enclosed equipment area at the base of the
tower, and a concrete pad to support the
base transmitting station equipment.
WATER: Unmanned facility.
SEWER: Unmanned facility.
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
This proposal is located in Study Area III of the Comprehensive Plan.
H. INTRODUCTION / DESCRIPTION OF THE PROPOSAL
NTCH Colorado, Inc. (Clear Talk) has approached the planning department for
permission to construct an 80 -foot self-supporting tower lattice tower near the Mamm
Creek drainage basin. This site was chosen because it allows an obstruction -less view of
that part of the I-70 corridor and the self-supporting lattice tower will blend in with the
existing high voltage power lines in the background.
The proposal consists of an 80 -foot lattice tower on which the required three -sector panel
antennas will be flush mounted. At the base of the tower and surrounded by a six foot
mesh -screen fence will be a 100 -by -100 foot area to house the tower and support
facilities. Support facilities being a base transmitting station (BTS), radio -receiving
equipment set on a concrete pad (blueprints and narrative are attached). The size of the
tower and the area enclosed by the fence will allow for collocation of additional carriers
as they enter the valley. Access to this unmanned site will be from a twenty- foot private
access easement off Mustang Mesa Road. Initially there will be construction activity on
this site mostly consisting of medium duty trucks and possibly a heavy crane truck, after
construction site activity is generally limited to one maintenance visit a month per carrier.
III. GARFIELD COUNTY ZONING RESOLUTION
There are two section of the Zoning Code that this proposal must be weighed against
before the recommendation of approval or denial can be made.
Section 5.03, number 3 of the Garfield County Zoning Resolution dealing with
Conditional and Special Uses states: Design of the use is organized to minimize impacts
on and from adjacent uses of land through installation of screen fences or landscape
materials on the periphery of the lot and by location of intensively utilized areas, access
points, lighting and signs in such a manner as to protect established neighborhood
character.
In any location an 80 ft tower is hard to screen, but the applicant is trying to minimize the
visual impacts by locating their unlighted, lattice tower next to existing high voltage
lattice towers.
Screening of the ground facility becomes somewhat more problematic, the proposal is
isolated enough that very few people will travel past this site. Planting shrubbery to
screen this site could become self-defeating. If the shrubbery isn't attended to it could
die creating a fire hazard.
Further in the same Section, 5.03.13 Broadcasting Studio and/or Communication Facility:
Such broadcasting studios and/or communication facilities shall be approved by the
Federal Communication Commission (FCC) and the Federal Aviation Administration
(FAA), where appropriate (A84-78; 97-60). In addition, the following standards will be
used in the review application for a communications facility:
1. All facilities shall comply with frequency emission requirements of the FCC and
any facility in compliance cannot be denied.
2. The co -location of telecommunication facilities on one site is encouraged and the
denial ofa landowner/lessor of the co -location ofa site shall be based on
technical reasons, not competitive interests. It is the County's policy to minimize
the number of communication facilities by the encouragement of co -locating such
facilities.
3. A freestanding telecommunication facility, including antennas, shall not exceed
the maximum structure height in the applicable zone district unless an exception is
approved by the Board based on the applicant demonstrating the following:
(a) Use of existing land forms, vegetation and structures to aid in screening
the facility from view or blending in with the surrounding built natural
environment
(b) Design, material and colors of antenna and their support structures
shall be compatible with the surrounding environment, and monopole
support structures shall taper from the base to the tip.
(c) It is consistent with existing communication facilities on the same site.
Cleartalk PCS gets its right to operate from licenses purchased for this area from the FCC.
There is no other communication tower in this area that Cleartalk can collocate on. The
tower, as presented to the planning department, exceeds the zone district height limitation
by fifty-five feet. Building or stmchwe height in the A/R/RD district is limited to twenty-
five feet. The applicant is requesting an 80 -foot tower height so this facility has an
unobstructed view of the I-70 corridor. This tower will be part ofa system that stretches
from the Garfield / Eagle county line in the east to the Garfield / Mesa county line and
then down the State 82 corridor.
Design material and colors of antennas and antennas will be non -reflective metallic
"gray" which should be compatible with the surrounding environment. The applicant is
proposing a lattice tower, not a monopole, because of the existing lattice towers in the
background. And lastly, to paint the ground equipment to snatch background colors.
Item "c" is not applicable to this review.
IV. REFERRAL AGENCY COMMENTS
The following agencies have been contacted for their concerns and comments:
1. Garfield County Airport, Kenneth Maenpa (copy attached)
2. Town of Silt
3. City of Rifle
Kenneth Maenpa of the Garfield County Airport had these comments.
1. Submit to the FAA a Form 7460-1 "Notice of Proposed Construction" to the
Northwest Regional Office for review.
2. The detail of the tower should include globe instruction lights per FAA and FCC
specification.
3. The plans should include the site elevation as well as the overall height of the
structure above mean sea level.
4. If the structure is less than 10,000 feet from the nearest runway the elevation should
not exceed the horizontal surface of 5696' MSL.
There was no mention by either agency that ClearTalk's radio frequency of 1.895 GHz to
1.990 GHz could affect aircraft communications.
V. STAFF COMMENTS
Staff received telephone calls from two very concerned parties, the Grass Mesa HOA and
the owner of the twenty -foot access easement to this site. During the telephone
conversation with the HOA they stated that the applicant had not, at that time, applied
through them for the locating of this communication tower on Lot of Grass Mesa, which
is required by HOA Covenants. The owner of the access easement also stated that the
applicant had not contacted them as to use the their road.
VL SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Board
of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at the that meeting.
3. That the application is in conformance with the Garfield County Zoning Resolution
of 1978, as amended.
4. The applicant has not shown that the concerns, as addressed by the Grass Mesa
HOA, have been properly addressed.
5. The applicant has not shown adequate and legal access to this site
V. RECOMMENDATION
Staff recommends Denial based on the concerns raised by the Grass Mesa HOA and lack
of proper and legal access to this site.
TALK
Wireless made simple.
November 8, 2000
STEWART-Garfield County Colorado
Lot 8, Grass Mesa Ranch
APN# 2177-21-4-00-443
NTCH Colorado Inc., (CLEARTALK) is a new, local wireless telecommunications
company who has made a large investment to acquire the FCC license and the equipment
necessary to build and operate a wireless system in the local area. CLEARTALK will be using
state of the art CDMA (code division multiple access) PCS (personal communication services)
technology. This brand of service is 100 percent digital and offers dramatically improved call
quality and reliability over today's cellular service. Calls will be crisper, cleaner and more
secure. CLEARTALK has located its corporate headquarters in the City of Grand Junction,
Colorado.
In order to provide continuous, quality coverage to Garfield County, construction of
multiple telecommunication towers is necessary. Tower placement and arrangement are key to
making this service run at its optimum performance. Cellular networks operate in the 800 MHz
frequency band. PCS networks operate in the 1900 MHz band. Since radio waves propagate
better at lower frequencies, PCS sites need to be spaced closer together for improved network
coverage and over-all attainment of the signal. Co -locatable towers keep tower placement to a
minimum, while still meeting the engineering needs when additional wireless providers are
present in the community.
The site referred to in this application is for one (1) 80' self-support lattice tower with a
non -glaring metallic finish. The 80' tower will enable this location to be co -locatable for four
carriers. The site will contain a lattice tower, microwave dish, a three -sector antenna array at the
top of the tower with future placement of up to three additional carriers. The base level of the
tower will contain the Base Transmitting Station (BTS), the radio transceiver and equipment
shelters on a concrete pad.
The "Stewart" site is an integral link in a chain to provide service throughout Garfield
County. The network is designed to handle a large capacity of channels and calls. We will be
using a 100 by 100 foot parcel of land on an undeveloped lot in an ARRD zoned area. Access to
the site is via Mustang Mesa Road. Land disturbance will be minimal. Site preparations include,
placing weed barrier prior to the graveling of the area. The surrounding land uses include a
natural gas production location to the East and South.
P 970.256.7600
F 970.241.0437
www.cleartalk.net
1600 Ute Avenue, Suite 10
Grand Junction, CO 81501
TALK
Wireless made simple.
The "Stewart" site is "key" in that it will connect to our West Rifle and Doghead site to
the West and our Newcastle site to the East. This will be an unmanned facility running 7 days a
week, 24 hours a day and will be routinely maintained by CLEARTALK technicians
(approximately once a month). It requires only telephone and power to operate correctly and will
have no unusual demands on these or any public utilities. Safety is also a key issue with us and
accompanying a six-foot, gated chain-link fence, the proper signs for the safety of the general
public will be prominently displayed.
Wireless technology has vastly improved in the last few years, and with the introduction
of digital service and wireless Internet we are excited to be able to bring these services to you.
With the increasing use of wireless telephones, CLEARTALK's goal is to provide the highest
quality PCS network to its customers and to be a good "fit" within the community. Not only will
CLEARTALK be providing digital telephony, we are providing jobs for the local workforce.
This spring Mesa State College graduated its first class in the Telecommunication Engineering
program. Of the eight graduates four are employed by CLEARTALK, and as we grow and
additional carriers are added to our towers even more jobs will become available to the future
graduates and the areas workforce.
We have included photo simulations of a monopole tower and the existing power line
pylons at our proposed site on Grass Mesa. The purpose of this simulation is to show that a
lattice tower may be more applicable for this site. We think a lattice type tower would be less
noticeable and blend with the existing structures. We are willing to construct a monopole if that
is preferable to Garfield County.
Hopefully this summary will allow you to have a better overall picture of our need for
site development on the Stewart site in Garfield County and our goal of bringing PCS service to
the area. For more information, or if you have any questions, please feel free to contact me any
time. Thank you.
Sincerely,
Craig Hoff
Site Development
(970) 234-1358
P 970.256.7600
F 970.241.0437
www.c1earta1k.net
1600 Ute Avenue, Suite 10
Grand Junction, CO 81501
NTCH-
COLORADO,
INC.
TALK
Wireless made simple.
LETTER OF INTENT
Date —fps Site No. err���(��"I��
Landlord Gcart, p ry Address 3 r� to rce/ j oc d a/cv
Landlord Address
This letter is to show that NTCH Colorado, Incorporated and b Berg
(Landlord) are currently negotiating a lease on Landlord's property to facilitate the placement of a
telecommunications site.
This letter verifies the terms agreed to by the Landlord and an NTCH-Colorado, Inc., Site
Acquisition Specialist. Landlord agrees to allow NTCH the exclusive right for a period of sixty
(60) days form the date of this letter to evaluate the Property and to determine that the Property
can be used for its intended purpose. You specifically agree to permit us and our agents and
contractors access to the Property in order to conduct such surveys, structural strength analysis,
subsurface boring tests, and other activities of similar nature as NTCH may deem necessary at
the sole cost of NTCH-Colorado, Inc. Due to long lead times, the Landlord also allows NTCH-
Colorado, Inc. to enter into the process with the local municipalities and regulatory agencies in
order to obtain the appropriate approvals for the construction of a telecommunications site. You
also represent to us that you have no knowledge of any substange, chemical or waste
(collectively, "substance") on the Property that is identified as hazardous, toxic or dangerous
except as set out in writing by an attachment to this letter (write "yes" if there is an attachment
If NTCH determines the Property meets its criteria, you agree to enter into negotiations of a final
PCS Site Agreement or Option Agreement. Please sign in the space provided showing your
agreement with the stipulations. If the site can not be used for it'S intended purpose NTCH-
Colorado, Incorporated agrees to repair any damage to the Property caused by our activities as is
reasonable.
I (we) agree to the terms of this letter.
S' XS -Elf%
Site Acquisition Specialist Date
Landowner/ a- dlord
Date Tax ID No. or Social Security No.
Landowner/Landlord
Date Tax ID No. or Social Security No.
Jun -08-00 11=50A
RECEIVED QV o 9 SA
APPLICATION
Special Use Permit
P .01
GARFIELD COUNTY PLANNING DEPARTMENT
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
/
Telephone: 970.945.8212 Facsimile. 970. 384-5004
Submittal Date: // ' % �Base Fee: S400
Applicant lI / � // (fez)/' -ZA
Address of Applicant: /6. r��) / (� ?/ r ii- Telephone. 920 ), 2-3 t/ o n
Special Use Being Requested: / 77 (( pi-fit/0/II /
Zone District: T%C Size of Property: /n/) V / C
Application Requirements: These items 'lust be submitted with the application
1] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles
accessing the site on a daily, weeldy and/or monthly basis, and the size of any existing or proposed
structures that will be utilized in conjunction with the proposed use. Please submit this information
in narrative form and be specific.
2] If you will be using water or will be treating wastewater in conjunction with the proposed use, please
detail the amount of water that would be used and the type of wastewater treatment. If you will be
utilizing well water, please attach a copy of the appropriate well permit and any other legal water
supply information, including a water allotment contract or an approved water augmentation plan.
3] A map drawn to scale portraying your property, all structiues on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded access onto
a County or State roadway, submit a driveway or highway access permit.
4] A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map
will suffice.
5] A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private
landowners adjacent to your property, Include a list of all property owners and their addresses.
6] Attach a copy of the deed and a legal description of the property. if you are acting as an agent for the
property owner, you must attach an acknowledgment from the property owner that you may act in
his/her behalf.
7] For all applications pertaining to airports, the oil and gas industry, power generation and/or
transmission industry, or any other classified industrial operation, you must submit an impact
statement consistent with the requirements of Sections 103, paragraphs 1 thru 3; 5.03.07, inclusive;
and 5.03.08, inclusive.
The consideration of this proposed Special Use will require at Irast one (1) public hearing, for which public
notice must be provided, The Planning Department will mail you information concerning this hearing(s),
approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return
receipt mail, all adjacent landowners and publish the notice provided by the Nanning Department, in a
newspaper of general circulation, Both these notices must be mailed/published at least 15 days prior to the
public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and
publication must be submitted at the time of the public hearing,
The information contained within this application is complete and correct, to the best of my knowledge:
Date:
OVERALL SITE PLAN
Beginning of the Southeast corner of the West 1/2
of the Northeast 1/4 of the Southeast 1/4 of
Section 21, Township 6 South, Range 93 West of the
6th P.M.,
Thence NO0100'10"E a distance of 1317.52 feet;
Thence N00'13'391W a distance of 597.84 feet
to the POINT OF BEGINNING;
Thence 589'46'21"W,
Thence N00'13139"W,
Thence N89.46'21"E,
Thence 300'13'39'E,
to the POINT OF BE
Containing 10000.00
a distance of 100.00 feet;
a distance of 100.00 feet;
a distance of 100.00 feet;
a distance of 100.00 feet
GINNING.
square feet, more or less.
PROJECT AREA LEGAL DESCRIPTION
Township 6 South, Range 93 West of the Sixth Principal Meridian,
Section 21: W1/2 SE1/4 NE1/4, W1/2 NE1/4 SE1/4,
Also known os: Lot 6, Grass Mesa Ranch,
County of Garfield,
State of Colorado.
Nov 28 00 12:48p GARCO AIRPORT (RIL]
KENNETH E. MAENPA
Airport Manager
November 28, 2000
970-625-8501
p.2
Mr. Greg Butler, Planner
Garfield County Building & Planning
109 8a' Ave.
Glenwood Springs, CO 81601
RE: ClearTalk Wireless Communications Tower
Dear Mr, Butler:
This Ietter is regarding the proposed CLEARTALK communication tower on Grass
Mesa. Upon review of the plans , the location of the structure appears to be less than
10,000 feet from the nearest runway at Garfield County Airport. I would recommend the
following:
1. Submit to the FAA a Form 7460-1 "Notice of Proposed Construction" to the
Northwest Regional Office for review.
2. The detail of the tower should include globe obstruction lights per FAA and FCC
specifications.
3. The plans should include the site elevation as well as the overall height of the
structure above mean sea level.
4. If the structure is less than 10,000 feet from the nearest runway the elevation should
not exceed the horizontal surface of 5696' MSL.
If you required any additional information or clarification please do not hesitate to
contact me at 625-1091.
Sincerely,
Kenneth E. Maenpa
Airport Manager
?axed 71/28/00
0375 County Road 352, #A1070
orccfl
1U11G, UUIVI WUU O1U.1L
107111 41S_tnot
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December 5'h, 2000
Tom Sams
Clear Talk Communications
1600 Ute Avenue, Suite 10
Grand Junction, CO. 81501
Building & Planning Department
RE: Proposed Communication Tower in Grass Mesa — Stewart Site
To Whom It May Concern:
Two recent telephone calls have been received by this office that have cast doubt on whether this item
should go before the Garfield County Planning Commission on 12/13/2000. The first call was concerning
Grass Mesa Homeowners Association with regard to their controlling covenants which was followed by a
letter from their legal council (copy attached). The second telephone call stated that the access road to this
site was private and that no one had contacted the owner for permission to use this road. While opposition
to use of the road wasn't mentioned, increased used and increased maintenance was.
The question of access is significant enough in this County to warrant modifications to the Staff Report and
Comment. This modification would be one of denial based on lack of access. Since this item is scheduled
for the 13'h of this month your timely attention to this matter is greatly appreciated.
Cordially,
GARFIELD COUNTY PL ING DEPARTMENT
0
Gr=: Butler, F. 'fanner
109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601
CALOIA & HOUPT, P.C.
ATTORNEYS AT LAW
SHERRY A. CALOIA
JEFFERSON V. HOUPT
BARBARA P. KOZELKA
MARK E. HAMILTON
1204 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
(970) 945-6067 - VOICE
(970) 945-6292 - FACSIMILE
Please direct correspondence to this address
December 1, 2000
Tom Sams
Clear Talk Communications
Grand Junction, CO
RECEIVED DEC 0 5 2000
00
Y
PARK AVENUE PROFESSIONAL BLDG.
121 NORTH PARK AVE., SUITE B
MONTROSE, COLORADO 81402
(970) 252-0180 - VOICE/FACSIMILE
Sender's email:caloia&houpt@sopris.net
Via Facsimile (970) 241-0437
Re: Grass Mesa Homeowners' Association, Garfield County, Colorado
Dear Mr.Sams:
This law firm represents Grass Mesa Homeowners' Association. As I mentioned in our
telephone conversation yesterday, I have been directed by the Board of Directors of the
Association to provide your company with information about the Grass Mesa Homeowners'
Association, as well as Grass Mesa Road, which runs through Grass Mesa Ranch outside of Rifle,
Colorado.
My understanding is that the owner of one of the lots within Grass Mesa Ranch may have
leased to Clear Talk the right to erect a transmission tower on his lot. Furthermore, if I
understand correctly, there is an upcoming hearing before the County regarding approval of a
special use permit for such a tower.
All of the lots within Grass Mesa Ranch are subject to a "Declaration of Easements,
Restrictions and Covenants" first recorded with the County in 1983, and several subsequent
amendments. The Covenants contain various restrictions, including a residential use restriction and
an architectural review process as a condition precedent to construction of any structure.
Additionally, Grass Mesa Road and all of its branches internal to Grass Mesa Ranch are private
access roads, they have not been dedicated to the public to any extent. Grass Mesa Ranch has an
agreement with the BLM for access across that portion of Grass Mesa Road that crosses BLM
land. The erection of a transmission tower, and the right to access it across private roads, requires
advance written authorization from my client.
I am faxing with this letter a copy of the Declaration of Covenants, together with one of
the amendments that contains additional language about the private access easement. You may
GRASS MESA-ClearTalk-Ilr-1
•
Tom Sams
December 1, 2000
Page Two
wish to have your legal counsel review these documents.
Please be advised that if Clear Talk wishes to further discuss this matter, proper
authorization of the Association and its members must be obtained. All communication to the
Association in this regard should be directed to my attention, and arrangements must be made in
advance for reimbursing the Association for all costs it may incur in connection with such
discussions, including attorneys' fees.
Sincerely,
CALOIA & HOUPT, P.
Barbara P. Kozelk
BPK:fm
Encl.
_ cc: client (w/o encl.)
Garfield County Planning Department (w/o encl.)
STEWART/ C01204B
From Switch: Leave switch and go east on I-70 business loop,
get on 1-70 east. Approximately 64 miles will be Rifle, CO. Take
exit 90 and turn right. The first stop sign will be South 7th street,
turn left. Set your mileage ticker. Approximately 2.4 miles there
will be a fork in the road, stay to the right. At 3.4 miles there will
be a gravel road to your right, turn right, there will be a Grass
Mesa Ranch sign, follow the hill up. At 5.7 miles there will be a
fork in the road stay to the right, this will be Grass Mesa Road. At
6.2 miles there will be a fork in the road, stay to the right, this will
be Cedar Breaks Road. At 7.6 miles the road will turn to the Left
and become Mustang Mesa Road, the property will be on your
right just at the 1st telephone pole on your right. Drive across the
field to the north east point. Site sits on the edge of the mesa on
the north east point.
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ADJACENT LANDOWNERS
STEWART C01204B
Lot 9: Norman Mannon
0160 Mustang Mesa Trail
Rifle, Co. 81650
Lot 7: Ballard Petroleum
845 12``' Street West
Billings, MT. 59102
Lot 6A: Ryan May
1120 Cedar Breaks Rd.
Rifle, CO. 81650
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
RECEIVED DEC 0 7 2000
Date Sent: November 14, 2000
Comments Due: Unknown
Name of application: NTCH, Colorado Inc. Telecommunications Tower
Sent to: Town of Silt
Garfield County requests your comment in review of this project. Please notify Garfield
County in the event you are unable to respond. This form may be used for your response,
or you may attach your own additional sheets as necessary. Written comments may be
mailed, e-mailed, or faxed to:
Garfield County Building & Planning
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-5004
Phone: 970-945-8212
E-mail: "garcopin@rof.net
General comments: The Town of Silt has no comment regarding a telecommunications
tower to be erected near Rifle. Thank you for the opportunity to comment.
Sincerely,
Vr 0r<"or Wei 4ti6C�
Janet G. Steinbach
Town Planner
CITY of RIFLE
202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 625-2121 • FAX (970) 625-3210
December 11, 2000
Mr. Greg Butler, Senior Planner
Garfield County Building and Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
In re: NTCH, Colorado Inc. Tellecommunications Tower
Dear Mr. Butler:
The City has no comment on this item.
Sincerely,
\W�
Selby Myers
City Manager
Cc: Mayor and Council, City of Rifle
Rifle Planning and Development Department