HomeMy WebLinkAbout5.0 Director's Decision & Attachments 08.14.2012August 14, 2012
R.W. Headd
Right of Way Supervisor
P.O. Box 160
Mountain View, WY 82939
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Director's Decision regarding the #11 Enterprises Non -substantial Amendment
Request regarding the Douglas Pass Union Telephone Tower - Telecommunication
Facility (File LPAA-6975)
Dear Rex:
With the submittal of the executed First Amendment to your communications lease and
your supplemental Application Materials (dated 8/1/12), your Application for a non -
substantial amendment for the Douglas Pass Tower and co -location facilities with the Rio
Blanco and Garfield County Sheriffs Departments has been deemed technically complete.
The request is for a non -substantial amendment to the Land Use Change Permit — Limited
Impact Review issued by the Board of County Commissioners for a Telecommunication
Facility — Tower, Support Structures, and Infrastructure on July 5, 2011. The site is
located on property in the E1/2 of the NW1/4 of Section 25, T5S, R102W, owned by #11
Enterprises LTD and also known by Assessor's Parcel Number 2147-361-00-008.
Based on the Staff review and pursuant to the Unified Land Use Resolution of 2008, as
amended (ULUR), Sections 4-107(A)(5)(a), and 16-101, Definition of Non -Substantial
Change, and the conditions of approval contained in Resolution No. 2011-36 (copy
attached), the Director of the Garfield County Building and Planning Department has
determined that the Amendment request is considered to be a Non -Substantial change
and has approved the proposed amendment to the Land Use Change Permit subject to
the following conditions.
a. Compliance with all prior approvals including Resolution No. 2011-36 and
conditions of approval contained therein.
b. The approval is for a leased area 60 ft. by 60 ft. containing the proposed tower and
support structures consistent with the First Amendment to Communication Site
Lease between #11 Enterprises Ltd. and Union Telephone Company (dated June 9,
2012).
c. The Applicant shall provide an update from their telecommunications engineer
confirming the FAA compliance findings contained in his June 8, 2011 memo are
still current and applicable to the new taller tower proposed for the co -location
facility.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • Fax: (970) 384-3470
d. The Applicant shall provide an updated site plan which shall be attached as an
exhibit to the Amended Land Use Change Permit issued for the non -substantial
Amendment request. The site plan shall reflect compliance with the limit to a
maximum of 464 sq.ft. of communication buildings/cabinets not including generator
buildings or propane storage.
In accordance with Section 4-107(A)(6), this Director's Decision letter and notice of
decision, will be sent to the Board of County Commissioners which have a 14 day review
period in which to decide whether to reconsider (call up) the Director's Decision.
You are also required to send a notice of decision to all adjacent property owners within
200 ft. of the subject property within 5 working days of this decision. A courtesy notice
form is attached for your convenience. The Applicant must verify all information provided
in the notice is accurate and correct any deficiencies such that proper notice in form and
substance can be established. The mailing must be completed no later than August 19,
2012. Please present to the Building and Planning Department copies of certified return
receipts from your mailing once completed.
Please note that if no request for reconsideration is filed with the County within 14 days of
the date of the Director's decision, it shall become final.
Thank you for your cooperation in finalizing this decision. Please do not hesitate to
contact this office if you have any questions.
Sincerely,
Fred Jarman, AICP
Director, Department . Building and Planning
Cc: Board of County Commissioners
Carey Gagon, Assistant County Attorney
2
NOTICE OF DECISION
TAKE NOTICE that #11 Enterprises LTD in conjunction with Union Telephone Company
has applied to the Director of the Building and Planning Department, Garfield County,
State of Colorado, to request a non -substantial amendment to the Land Use Change
Permit issued for #11 Enterprises LTD for a Telecommunication Facility — Tower,
Support Structures (Resolution No.2011-36) on a property situated in the County of
Garfield, State of Colorado; to -wit:
Legal Description:
Practical Description:
That property described in the Warranty Deed between Ival
and Ed Young Inc. and #11 Enterprises LTD., a Colorado
Limited Partnership and Recorded at Reception Number
625891 with the Garfield County Clerk and Recorder. The
telecommunications tower location is further described as
being within the E1/2NW1/4, Section 25, Township 5 South,
Range 102 West of the 6th P.M., Garfield County, Colorado.
The site is located approximately 30 miles north of Loma and
4 miles south of the Rio Blanco County Line off of State
Highway 139 and County Road 256.
Description of Request: The Application requests a non -substantial amendment to
allow a tower height of 120 ft. and related support structures
associated with co -location of facilities with the Rio Blanco
Sheriffs Department. The facility is located on less than one
acre of a 594 acre parcel owned by #11 Enterprises LTD.
The property is Zoned Resource Lands — Plateau.
The Director Decision pursuant to Section 4-107(A)(5)(a) of the Garfield County Unified
Land Use Resolution of 2008 (ULUR) as amended was issued on August 14, 2012 and
is that the Application was determined to be a non -substantial change and to
administratively approve the amendment request subject to the following conditions:
a. Compliance with all prior approvals including Resolution No. 2011-36 and
conditions of approval contained therein.
b. The approval is for a leased area 60 ft. by 60 ft. containing the proposed tower
and support structures consistent with the First Amendment to Communication
Site Lease between #11 Enterprises Ltd. and Union Telephone Company (dated
June 9, 2012).
c. The Applicant shall provide an update from their telecommunications engineer
confirming the FAA compliance findings contained in his June 8, 2011 memo are
still current and applicable to the new taller tower proposed for the co -location
facility.
d. The Applicant shall provide an updated site plan which shall be attached as an
exhibit to the Amended Land Use Change Permit issued for the non -substantial
Amendment request. The site plan shall reflect compliance with the limit to a
maximum of 464 sq.ft. of communication buildings/cabinets not including
generator buildings or propane storage.
The Board of County Commissioners may, at its discretion, decide to review the
Director's Decision within 14 calendar days of the Decision.
If you have questions or comments regarding this decision, please contact the Garfield
County Building and Planning Department at 970-945-8212.
Building and Planning Department
Garfield County
10 fl MUM. 144 «510-4i011 104 1111
Reception# 804934
07/08/2011 09;24:12 AM 'Jean Alberico
1 of 2 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
LAND USE CHANGE PERMIT
for
#11 ENTERPRISES LTD
Union Telephone Company Communication Facility
(Located in the E1/2 NW1/4, Section 25, Township 5 South, Range 102 West of the 6th
P.M, Assessor 's Parcel No. 2147-361-00-008, and as more fully described in
Resolution No. 2011- L6)
In accordance with and pursuant to the Gar field County Unified Land Use Resolution of 2008, as
amended, and Resolution No. 2011-36 of the Board of County Commissioners of Garfield
County, State of Colorado, the following activity is hereby authorized by Land Use Change
Permit:
Communication Facility -Tower, Support Structures, and Infrastructure (LIPA — (750)
This Land Use Change Permit — Limited Impact Review is issued subject to the conditions
contained in Resolution No. 2011-36and set forth in Exhibit "A" (attached hereto) and shall be
valid only during compliance with such conditions and other applicable provisions of the
Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other
regulations of the Board of County Commissioners of Garfield County, Colorado.
ATTEST:
rk of the Board
GARFIELD COUNTY BOARD OF
COUNTY C• ' IONERS,
GARFIEL f OUNT' , COLORADO
Chairm
Exhibit A
I. That all representations made by the Applicant in the application, and at the public hearing before
the Board of County Commissioners, shall be conditions of approval, unless specifically altered
by the Board of County Commissioners;
2. The operation of this facility and any future amendments shall be done in accordance with all
applicable Federal, State and Local regulations governing the operation of this type of facility
including but not limited to the FAA notification if applicable and FCC requirements regarding
mitigating and eliminating interference to others.
3. The Applicant shall maintain compliance with the provisions of Section 7-823 of the Unified
Land Use Resolution of 2008 as amended including but not limited to monthly maintenance as
proposed and a two-year review by the Director of the Building and Planning Department,
provided a waiver is hereby granted to Section 7-823(J) to allow up to 464 sq.ft. of total gross
floor area of communication buildings in order to accommodate additional facilities for the co -
location with the Rio Blanco Sheriff's Department.
4. The Applicant shall comply with the recommendation of the County Vegetation Manager and
shall conduct annually a site visit by a commercial applicator to monitor and treat the site for
county and state listed noxious weeds if necessary.
5. Reclamation of the site shall include re-gading to original or natural contours and reseeding with
an appropriate seed mix approved by the County Vegetation Manager. Reseeding will include
any areas disturbed for utility extensions and access road improvements. Reclamation shall be
completed during the next growing season after completion of construction.
6. During the construction phase the Applicant shall provide portable toilets, storm-water/soil
erosion management as needed for any access road improvements and site disturbance, and shall
provide for secure storage and/or daily removal of any trash or refuse from the site.
7. All construction vehicles including overweight or oversized vehicles shall be properly licensed
and permitted.
8. Final engineering plans for the tower shall be provided to the Garfield County Building and
Planning Department prior to initiating construction. Construction and installation of support
buildings for communication equipment shall be subject to County Building permit regulations
and requirements.
9. Expansion of the site for the Communication Facility up to a 100 ft. by 100 ft. area and related
changes to foundation size and building locations shall be permitted subject to proper lease
agreements and reclamation of the larger area of disturbance.
10. This approval shall authorize the construction of the 45 — 53 ft. tall communication tower, support
buildings, and as needed a building for the Rio Blanco County Sheriff's Department
communication operations, and all related infrastructure improvements including propane storage
and electric transformers. Further, the Applicant may request additional tower height up to a total
height of 120 ft., as a non -substantial amendment, through .the amendment process set forth in
Section 4-107 of the Unified Land Use Resolution of 2008 as amended, for the purpose of
accommodating co -location on the tower of Rio Blanco County Sheriffs Department
communication equipment.
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Reception#: 804934
07/0812011 09;24:12 RM Jean Rlberico
2 of 2 Rec Fee:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO
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Receptiont': 804933
07/08/2011 09:24:12 RM Jean alberlca
1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioner's Meeting Room, Garfield County Plaza Building, 108 8th
Street, in Glenwood Springs, Colorado, on Monday the 20a' day of June, 2011 there were
present:
John Martin Commissioner Chairman
Mike Samson , Commissioner
Tom Jankovskv , Commissioner
Carey' Gagnon , Assistant County Attorney
Jean Alberico . Clerk of the Board
Ed Green (absent) , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.. 2 011- 3 6
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT, FOR A LIMITED IMPACT REVIEW APPROVAL OF A COMMUNICATION
FACILITY AT THE DOUGLAS PASS UNION TELEPHONE COMPANY SITE,
LOCATED APPROXIMA ILLY 30 MILES NORTH OF LOMA AND 4 MILES SOUTH
OF THE RIO BLANCO COUNTY LINE OFF OF STATE HIGHWAY 139 AND
COUNTY ROAD 256, ON PROPERTY OWNED BY #11 ENTERPRISES LTD,
GARFIELD COUNTY •
(FILE NO. LIPA-6750)
PARCEL NO# 2147-361-00-008
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application for a Land Use Change Permit for a Limited Impact Review for a Communication
Facility to allow construction of a Communication Tower and related support infrastructure on
the #11 Enterprises L11) property. The Application was submitted in conjunction with Union
Telephone Company.
B. The site is located on Less than one acre of an approximately 594 acre parcel
owned by #11 Enterprises LID, on a private road which obtains access from County Road 256
1
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Reception#: 804933
07/08/2011 09:24:12 RM Jean Rlberico
2 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
and State Highway 139. The site is approximately 30 miles north of Loma, Colorado.
C. The Communication Facility site is located within the parcel described in the
Warranty Deed between Ival and Ed Young Inc. and #11 Enterprises LTD., a Colorado Limited
Partnership and Recorded at Reception Number 625891 with the Garfield County Clerk and
Recorder. The site is located within the E1/2NW1/4, Section 25, Township 5 South, Range 102
West of the 6th p.m.. Garfield County, Colorado and further described in the application
documents.
D. The subject property is contained within the Resource Land/Plateau Zone District
and a Land Use Change Permit for a Communication Facility requires approval through a
Limited Impact Review Process by Garfield County.
E. The Board of County Commissioners is authorized to approve, deny or approve
with conditions a Land Use Change Permit for a Communication Facility, pursuant to Sections
1-301 and 4-105 of the Garfield County Unified Land Use Resolution of 2008, as amended.
F. The Board of County Commissioners opened the public hearing on the 20th day
of June, 2011 upon the question of whether the Land Use Change Permit application, LIPA
6750, should be granted or denied, during which hearing the public and interested persons were
given the opportunity to express their opinions regarding the application.
G. The Board of County Commissioners closed the public hearing on the 20th day of
June, 2011 to make a final decision.
H. The Board of County Commissioners on the basis of substantial competent
evidence produced at the aforementioned hearing has made the following determinations of fact:
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 or could be
submitted and that all interested parties were heard at that meeting.
3: That for the above stated and other reasons, the Land Use Change Permit for a
Communication Facility is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That the application, if all conditions are met, will be in conformance with the
applicable Sections of the Garfield County Unified Land Use Resolution of 2008,
as amended.
2
Reception#: 604933
07108(2011 09:24:12 RM Jean Rlberico
3 of 5 Reo Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit, LIPA 6750, to allow a Communication Facility,
consisting of a Communication Tower and related support structures and infrastructure is hereby
approved subject to compliance with the following conditions:
1. That all representations made by the Applicant in the application, and at the public
hearing before the Board of County Commissioners, shall be conditions of approval,
unless specifically altered by the Board of County Commissioners;
2. The operation of this facility and any future amendments shall be done in accordance
with all applicable Federal, State and Local regulations governing the operation of this
type of facility including but not limited to the FAA notification if applicable and FCC
requirements regarding mitigating and eliminating interference to others.
3. The Applicant shall maintain compliance with the provisions of Section 7-823 of the
Unified Land Use Resolution of 2008 as amended including but not limited to monthly
maintenance, as proposed, and a two-year review by the Director of the Building and
Planning Department, provided a waiver is hereby granted to Section 7-823(1) to allow
up to 464 sq.ft. of total gross floor area of communication buildings in order to
accommodate additional facilities for the co -location with the Rio Blanco Sheriffs
Department.
4. The Applicant shall comply with the recommendation of the County. Vegetation Manager
and shall conduct annually a site visit by a commercial applicator to monitor and treat the
site for county and state listed noxious weeds if necessary.
5. Reclamation of the site shall include re -grading to original or natural contours and
reseeding with anappropriate seed mix approved by the County Vegetation Manager.
Reseeding will include any areas disturbed for utility extensions and access road
improvements. Reclamation shall be completed during the next growing season after
completion of construction.
6. During the construction phase the Applicant shall provide portable toilets; storm-
water/soil erosion management as needed for any access road improvements and site
disturbance, and shall provide for secure storage and/or daily removal of any trash or
refuse from the site.
3
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Receptionp: 804933
07/08/2011 09:24:12 R11 Jean Albertoo
4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO •
7. All construction vehicles including overweight or oversized vehicles shall be properly
licensed and permitted.
8. Final engineering plans for the tower shall be provided to the Garfield County Building
and Planning Department prior to initiating construction. Construction and installation
of support buildings for communication equipment shall be subject to County Building
Permit regulations and requirements.
9. Expansion of the site for the Communication Facility up to a 100 ft. by 100 ft. area and
related changes to foundation size and building locations shall be permitted subject to
proper lease agreements and reclamation of the Larger area of disturbance.
10. This approval shall authorize the construction of the 45 — 53 ft. tall communication tower,
• support buildings, and as needed a building for the Rio Blanco County Sheriff's
Department communication operations, and all related infrastructure improvements
including propane storage and electric transformers. Further, the Applicant may request
additional tower height up to a total height of 120 ft., as a non -substantial amendment,
through the amendment process set forth in Section 4-107 of the Unified Land Use
Resolution of 2008 as amended, for the purpose of accommodating co -location on the
tower of Rio Blanco County Sheriff's Department communication equipment.
Dated this day of , A.D. 20 t 1
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY,
Upon motion duly made and seconde. tie foregoing R: o . 'on was a. opted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
,AYE
AYE
,AYE
4
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Recept ion#: 804933
07)08(2011 09:24:12 AM Jean RLberico
5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
STA1'h OF COLORADO )
)ss
County of Garfield )
1, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of A.D. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners