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HomeMy WebLinkAbout7.0 Appeal of Director's Determination 01.09.2012i a) 0 L ro m of Director's Determination T 0 0 January 9, 2012 LEASE AREA DESCRIPTION A parcel d land !coated to Implattedlard of Battlement Mesa PILO as described bi that document raoanded as Rec. No. 7404SIcf the Garfield County racordx wi dmired ofiand also being dtuatedInn the NW Y4 INV& of Section 17, Township ?South, Range 95 West of the 5th Principal Mtrldlan, County of Garfield, Staled Colorado; said parcel of land being more partlndadydesndlbed as WOWS: Cam standee at the Northwest comer of sard Section 17; thence GO1'5441." E, a castor= of 12:111.14 foot to a point on the Northerly Right-of-Way line of South Battlement Parkway's recorded as Ric. No. 396297, said pointalwbRIng thaSouthwes;t corner ofthetract attend described In the5pedal Warranty Deed Recorded under Res:. No. 316686, Ih lace along the Westerlyboundady line of sold Tract efland N OL'OS•52"E, a distance of 2015.58 feat to the Northwesterly corner of said tract of land, said paint also being-the POINTOF BEGINNING; thence lemArgsaidtrect of landeleangths common boundary between tile above Mention parcel or rand retarded under flea No-747451 and the Eastedyboundary oftheWallowCreekMIll ag.SubdMOronSection No. 2according totter plat Niemen recorded under reception No. 322310 NOL'O552" a distance et 25.40 feet; Wince leaving said derrmonOna56554'01 E, a distanced 3600 feat; thence S OPO5'52" w, a distance of 25.00 fees to a point on ahecommcm boundary Ilse between Ms said pared of rand and raid tract of land recorded as Rec. No. 3166111; theme along saldcommon boundary Ilse N 84154'06" W, a diato m& af3600 feet to the PONT OF BEGINNING. E%HIRIEMAPOE: COMMUNICATIONS FACILITY LEASE EXfIIBITA A PARCEL OF LAND LOCATED IN uNPJATIED !MO 1ATILH r"MESAP.UA INTHE ;1 DNA OF ACIIDN17 TOWNSHIP 7 S DOM roma 55 W EST OF THEW.. P.M. COMFY OPGARPJELD, STATE OF COLORADO SHEET 1OF 1 Contalning 90o aquas feet or 5,021 acres, mme ortas Description prepared by: Mare kS.NaddlerLs.n29643 for and on behalfef Suprls Engineering, LLC III IQ 5lISTING CONDMONS LEGEND 1YPEDEMAL TELEPHONE PEDESTAL ELEC7RICTRANSFORMER SEWERMJana1OLE ELECTRIC MANHOLE LITANY MANHOLE GIN WNW POWER POLE --- re —fa — UNOtRGROUNDFIRRR OPTIC — UN0ERMLOL NOTELEPIONE — o<— oa- 0YEPolWOELECTRZC - u.— �.•— UNDg16RDLIND ELECT6IC —N4 ae ---GAS UNE e o— WOODEN FENCE 0E00U0U5 TREE CONIFEROUS TREE EDGE OF YEGITATION slip ImtelYrJeenesr PICAO.3Sale wN•s<C 1 14r avacw LSOISIFO C4JRVE TABLE CURVE LENGTH RADIUS TANGENT CHORD BEARING MITA CI 134,60' 622.06' 67 6' 154.54' S 82'42112° E 12s3'5Y G2 15.40' 62296' 7.70' 15,44' S 75.48'5M1" 1•2s'o1' 12_1_23:5" 05 132.57' 427.96' ' 68.59' 152.42' 5 70:25'20" E LPE TABLE LINE LENGTH HEARING Ll 25.4D' 5 01•05'62' W L2 36. 0' N 86'54'06" W L3 25,40' ' N Or'05 2" E L4 3640' 5 ter54,0" E IIII`r 4 1Irl teuar � J 1 1f: SOL r, 241INNCIA er t treM080.aftg EAlaan NOM- smowonl xEt,aaaosu! • SAy • 0.=r Ala t} amlun6y8,aar , i�:Y'. a0.e>?JQO a,4' ALOES ▪ aFaRroma a 1:J 1. CrAI F 1'1 = ST1+ '' SFu:fi41' 2 k'.r'a` '. R♦� v It —""+ i ... ti`s swlaa miwo r . w eatertl7aaar� P rcxo. rrr Point 1: Corner Lot: The subject lot is a corner lot as it is fronted on two sides by and on the corner of East Battement Parkway and Spencer Parkway; as a result, this lot has two front yards. Section 10.4 of the BMPUD "Setbacks" provides the following language about corner lots: Corner Lots: On residential lots bordered on two contiguous sides by streets, the required front yard setback shall be observed along both streets when automobile access is taken from the side street. While this setback language in the PUD recognizes residential uses, absence of any other uses such as commercial or industrial does not mean there is no setback at all such as a zero lot line for other uses; the intent of this concept is the same for other uses. Note, while this is a provision specific to the BMPUD, the County's land use codes have mirrored this code provision since 1970. So, the lot has two front yards along each parkway. Point 2: Rear Yard: Because we know where the front yard is located as discussed above, it renders the lot line separating the subject parcel from the apartments (directly to the west) to be a rear yard setback. As such, the PUD specifically requires this to be a 25 foot setback as it is adjacent to residential uses (the Valley View Village Apartments). (See Provision 9.7(2)) of the PUD regarding Rear Yard.) Rear Yard Setback in the PSR: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential uses. Point 3: Side Front Yard: The lot line to the north of the US West Communications building is a side front yard which requires a 25 foot setback because the lot is a corner lot (provision 9.7(3)) of the PUD. 1) The technical meaning of the provision being appealed. Staff Comment: The discussion in Section 111 above highlights the technical interpretation of the setbacks as they were intended in the BMPUD. Staff believes it has interpreted the technical meaning intended by the setback provisions. 2) Evidence as to the past interpretation of the provision. Staff Comment: Staff is unaware of a similar interpretation in the past that lends merit to this discussion. This is a common interpretation of corner lots. 3) The effect of the interpretation on the intent of this Code. Staff Comment: The effect of the interpretation on the intent of the Code for this large parcel, if reversed, would allow a 10 -foot setback instead of a 25 -foot setback of the parcel for uses such as schools, fire stations, water treatment facilities from East Battlement Parkway which is contrary to the concept of setbacks on corner lots. Staff believes the authors of the BMPUD intended to keep a uniform 25 -foot setback from roads such as Spencer and East Battlement Parkway as it is throughout the rest of Garfield County. - \ \\ / / 1 \ - -,9 3 2\ 3 \; X . e" .2: »�§ 'r 4 P . A , . // . kl. \ ? /,11 't# %•- °7 « ' \6 ; «' »9 �p,ad. G l 1\ � ) 1 :,' ��w�� \� /��©' '4/ � Q ,, ) \� � \`z. z! �� \� � > /±z���« �� . - - tf: a{ \� ) . / \ •�» a�` < \ %`� «_�: • ) :,. (Vi- 11. /\ : �u Ea< .�.. 7227131 PROOF OF PUBLICATION RIFLE MIEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I. Jenna Weatherred, do solemnly swear that I am a Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty -two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/17/2011 and that the last publication of said notice was dated 11/17/2011 in the issue of said newspaper. In witness whereof, I have here unto et my hand this 28th day of December, 2011. Lti Jenna Weatherrtd, bli her Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 28th day of December, 2011. Mary E. Borkenhagen, Notary Public My Commission expires: September 12, 2015 Phil Vaughan Construction PUBLIC NOTICE TAKE NOTICE that Williams Field Services Company, LLC (Lessee) and Battlement Mesa Land Investments Parcel 3, LLC (Property Owner) have applied to the Board of Adjustment, Garfield County, State of Colorado, for a Request to Appeal Garfleld nt Dteminati n regarding setbacks on the subject parcel. described situated connection p operty n t the County of Garfield, State of Colorado; to -wit: LEGAL DESCRIPTION DESCRIPTION PER THAT DOCUMENT RECORDED AS RECEPTION NO. 740451 OF THE GARFIELD COUNTY RECORDS. AA PARCEL OF LAND LOCATED IN UNPLATTED LANDS OF BATTLEMENT MESA PUD AS RECORDED UNDER RECEPTION NUMBER 333476, ALSO BEING LOCATED W[THIN SECTIONS 7, 8, 18 & 17 TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE 6TH PRINCIR MERIDIAN, GARFIELD COUNTY, COLOE BEING MORE PARTICULARLY DESCR- FOLLOWS: BEGINNING AT A POINT.P` WESTERLY RIGHT OF WAY L PARKWAY AS REC" RECEPTION NO. 5�'= NORTHEAST CORh' BEARS N40 °50'1F" FEET, WITH Al ' TO A BEAR', 2605.18, P BRAS"- OF ALUI SAID;. TANCE DISTAN N52 °57'45 THENCE Ni FEET; THEN, 63.31 FEET; Ti -EET; OF 69.25 .,STANCE OF OF 64.54 FEL WA DISTANCE DISTANCE O. .4 FEET: THENCE N73 °15'50 "W A CIS rICE OF 736.08 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF BURNING ROCK SUBDIVISION AS RECORDED MAY 28, 1986 UNDER RECEPTION NO. 371427; THENCE ALONG SAID EASTERLY BOUNDARY LINE THE FOLLOWING THREE (3) COURSES: St 6°44'10'W A DISTANCE OF 759.48 FEET; THENCE S65 °00'15 "W A DISTANCE OF 1143.06 FEET; THENCE S01 °42'35 "W A DISTANCE OF 335.15 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF WILLOW CREEK VILLAGE, SECTION 2 AS RECORDED DECEMBER 8, 1981 AS RECEPTION NO. 322310; THENCE ALONG SAID NORTHERLY BOUNDARY LINE THE FOLLOWING FIVE (5) COURSES: S29 °17'15'E A DISTANCE OF 310.72 FEET; THENCE THENCE S58°05''59'EAA D STOANCE OF 15� 3 FEET; THENCE N82 °36'07 "E A DISTANCE OF 108.66 EET; THENCE 801 °05'52'W A DISTANCE OF 159.34 FEET TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED UNDER RECEPTION NO. 316688; THENCE ALONG THE BOUNDARY LINE OF SAID PARCEL FOR THE „ l cI yu 1.11 WAS LIMO 1:0-1,10 a MIAS t + ' MIMS nennons ntems his neivens s limns mom mons moons numans MOM s TO: P. gyp/ r G - 5 MEMORANDUM - /3 <M ,� "� — p-� aL - d 2, GARFIELD COUNTY BOARD OF ADJUSTMENT FROM: Fred A. Jarman, AICP Director, Building and Planning Department RE: r71.41 L 116' Appeal of Director's Determination regarding setbacks in the PSR Zone District in the Battlement Mesa Planned Unit Development (BMPUD) DATE: January 9, 2012 I. BACKGROUND Williams Field Services Company, LLC (Applicant) represented by Phil Vaughan of Phil Vaughan Construction Management Inc. (PVCMI) has leased a small (36' x 25') piece of land from the land owner (Battlement Mesa Land Investments Parcel 3, LLC) in order to erect a 36 -foot tall monopine communications facility / tower. The Applicant prefers to locate the tower and accessory equipment building such that they are 10 feet from the north and east property lines of the US West Communications property and the Valley View Village residential apartments respectfully. This is outlined in the figure below. BMPUO Open Space Subject Lease Site and setbacks in question Valley View Village Apts. South Battlement PKWY 1 II. ACTION REQUIRED OF THE BOARD OF ADJUSTMENT The matter before the Board of Adjustment (BOA) is to either uphold or overturn the position taken by the Director of the Building & Planning Department in the Director's Determination regarding how specific setbacks in the BMPUD are determined with respect to a particular parcel of land. The Applicant requests you overturn the position taken in the Director's Determination. III. DIRECTOR'S DETERMINATION The question at hand is how to determine the setbacks for a particular property in the PSR zone district in the BMPUD. In order to do this, we need to examine the specific parcel of land where the Applicant requests to construct the monopine tower. The property contains approximately 52.8 acres and is U- Shaped where both "legs" of the property front East Battlement Parkway on two sides & Spencer Parkway and surrounds First Eagles Point Subdivision in the middle. See the figure below to see the general area: Proposed Communications Tower Site a) Point 1: Corner Lot: This figure above is an aerial photo overlain by property boundaries that supports the position that the subject lot is a corner lot as it is fronted on two sides by and on the corner of East Battement Parkway and Spencer Parkway; as a result, this lot has two front yards. 2 Section 10.4 of the BMPUD "Setbacks" provides the following language about corner lots: Corner Lots: On residential Lots bordered on two contiguous sides by streets, the required front yard setback shall be observed along both streets when automobile access is taken from the side street. While this setback language in the PUD recognizes residential uses, absence of any other uses such as commercial or industrial does not mean there is no setback at all such as a zero lot line for other uses; the intent of this concept is the same for other uses. Note, while this is a provision specific to the BMPUD, the County's land use codes have mirrored this code provision since 1970. So, the lot has two front yards along each parkway. This is illustrated below: 3 b) Point 2: Rear Yard: Because we know where the front yard is located as discussed above, it renders the lot line separating the subject parcel from the apartments (directly to the west) to be a rear yard setback. As such, the PUD specifically requires this to be a 25 foot setback as it is adjacent to residential uses (the Valley View Village Apartments). (See Provision 9.7(2)) of the PUD regarding Rear Yard.) Rear Yard Setback in the PSR: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential uses. c) Point 3: Side Yard: The lot line to the north of the US West Communications building is a side yard which requires a 25 foot setback because the lot is a corner lot (provision 9.7(3)) of the PUD. This is a lot to say we believe the mono -pine communications facility/ equipment building need to be located at least 25 feet from both lot lines (from the apartments to the west and from the US Communications building to the south). This is better illustrated on the following page. 4 The image above shows a closer look at the lot lines and the 25 -feet setback from them. The difference is 15 feet from both lot lines where the Applicant asserts that these lines are side yards with only 10 -foot setbacks. IV. REQUIRED CRITERIA FOR THE BOA TO MAKE THIS DECISION Section 4- 302(B) of the Unified Land Use Resolution of 2008, as amended (ULUR) provides Review Criteria for Appeal of an Administrative Interpretation of These Regulations. The Board of Adjustment shall consider the following criteria in hearing an Appeal of an Administrative Interpretation of These Regulations. 1. The technical meaning of the provision being appealed. Staff Comment: The discussion in Section III above highlights the technical interpretation of the setbacks as they were intended in the BMPUD. Staff believes t has interpreted the technical meaning intended by the setback provisions. 2. Evidence as to the past interpretation of the provision. Staff Comment: Staff is unaware of a similar interpretation in the past that lends merit to this discussion. 5 3. The effect of the interpretation on the intent of this Code. Staff Comment: The effect of the interpretation on the intent of the Code for this large parcel, if reversed, would allow a 10 -foot setback instead of a 25 -foot setback of the parcel for uses such as schools, fire stations, water treatment facilities from East Battlement Parkway which is contrary to the concept of setbacks on corner lots. Staff believes the authors of the BMPUD intended to keep a uniform 25 -foot setback from roads such as Spencer and East Battlement Parkway as it is throughout the rest of Garfield County. V. STAFF RECOMMENDATION Unmistakably, this large parcel has a unique shape and the setbacks are not easily identifiable as they are in a typical rectangle lot on a street as was likely envisioned when the PUD text was written in 1982. However, Staff believes the large 52.8 acre parcel lot is a corner lot with two front yards on east Battlement Parkway and Spencer Parkway. Because of that approach as a foundation principal, the rear yard setback is 25 feet because it is opposite a front and also adjacent to residential uses (Valley View Village Apartments). Likewise, the north property line of the US West Communications building is a side yard (requiring 25 feet setback) because the lot is a corner lot (provision 9.7(3)) of the PUD. Therefore, based on the criteria and information above, Staff recomends the BOA uphold the Director's Determination with the following findings: 1. That proper public notice was provided as required for the meeting before the Board of Adjustment. 2. That the meeting before the Board of Adjustment was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Director's Determination has been determined to be in the best interest of the health, safety, and welfare of the citizens of Garfield County is hereby upheld. VI. RECOMMENDED MOTION "I move to deny the request to appeal the Director's Determination with the findings listed in the staff report." [Note, the concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant]. 6