John Scarffe, Boulder County. The Boulder County Land Use Planning Commission approved a new 100-foot-high pine-tree style communications tower during a regular meeting at 1:30 p.m. on Wednesday, November 20, 2019, at the Boulder County Courthouse. The Commission also approved vacating a road and constructing a new one but tabled a request for new construction and remodeling at the Historic Gold Lake off the Peak to Peak Highway.

Staff member Christy Wiseman presented the request from Denver Water, which proposed installing a new multipurpose communications tower to provide greater bandwidth and improve service coverage at the Gross Dam facility at 4121 Gross Dam Road, about .5 miles south of the intersection with Flagstaff Road, in Section 19, Township 1S, Range 71W., zoned the Forestry Zoning District. Applicants are the property owner: City and County of Denver and the Denver Water Board. The applicant requested a recommendation to the Boulder County Commission. 

The application for the Denver Water Multipurpose Communications Tower was heard at the October 16, 2019, Planning Commission meeting. Boulder County Land Use staff presented the project overview and recommended the Planning Commission deny the application, according to background.

The recommendation of denial was based on the fact, “the application lacked adequate alternative site analysis for staff to determine that the preferred location is the best location for the facility and if the proposed height is warranted.” 

During the Planning Commission public hearing, the applicant presented new information that supplemented the previously submitted alternative site analysis and answered questions from the Planning Commissioners related to different types of poles that might be used to mitigate visual impacts, additional information related to alternative sites on the west side of the reservoir, and the possibility of disaggregating the different functions proposed to be located on the single tower. 

In response to staff’s previous analysis and Planning Commissioners’ questions, Denver Water provided supplemental materials, according to background. In summary, these materials indicated that Denver Water was agreeable to constructing a “camouflage style telecommunications tower,” and proposed a “pine tree style” tower. The tower would need to be 100 feet in height. 

While CenturyLink has provided fiber-optic service since August 2019, a new Denver Water owned fiber-optic service is planned for between the headquarters building and the powerhouse located downstream. This new line is to be constructed concurrently with the proposed telecommunications tower and is anticipated to provide service to the telecommunications tower. 

The proposed alternative sites on the west side of the reservoir would all require new power and fiber-optic lines, as well as the construction of new access roads, according to background. The comparison of tower alternative elevations, and updated alternative analysis were also provided. 

After reviewing the supplemental materials provided, and with the recommended conditions of approval, staff recommended that the Planning Commission recommend conditional approval to the Board of County Commissioners for the Denver Water Multipurpose Communications Tower, with 14 conditions, including the telecommunications tower is approved at a maximum height of 100 feet above existing grade. Designs for a stealth, pine-style tower must be submitted for review and approval by Land Use staff. 

At the time of permit application submittal, designs for retaining walls over 4 feet tall, as measured from the bottom of the footer to the top of the wall, shall be signed and sealed by a professional engineer licensed in the state of Colorado. The applicant will submit a revegetation plan for disturbed areas associated with the project, according to staff recommendations.

After this item was tabled on October 16, and additional information was submitted, staff found that supplemental information was good and recommended conditional approval, with the two amendments. Commissioner Sam Libby said he had wanted to see alternate locations reviewed and the tree style. “I’m satisfied with the updates provided.” 

Commissioner Sam Fitch said the changes in the information provided are worthwhile. “It’s the coverage of the site 3,000 people visit every year, and it would be prudent for public health and safety. I’m prepared to support it as staff has recommended.” 

The rest of the Commission agreed and approved the new tower. The Commission approved vacating and relocating a portion of County Road 102J on a 90-acre parcel located at 3371 Gold Lake Road. The relocated County Road 102J will be deeded to Boulder County.  

CR102J is a Boulder County maintained prescriptive right-of-way with a functional classification of local. The portion of County Road 102J to be relocated is a maintained, dirt roadway located within the parcel. CR102J provides public access to U.S. Forest Service owned property and is gated to prohibit vehicular access, where it leaves the subject property and enters Forest Service property. 

Because the applicant is proposing a realignment of the road, staff has recommended conditions of approval to ensure the new road will meet Boulder County Multimodal Transportation Standards and will continue to provide public access to the adjacent USFS-owned property. The application was referred to the standard agencies and adjacent property owners.  

According to Boulder County Transportation, this department reviewed the application materials and noted the proposed realignment of County Road 102J and the installation of bike and pedestrian friendly gates as shown on the site plan submitted September 12, 2019, was approved. The new CR 102J ROW must be a minimum of 40-feet wide. 

A revised site plan for the realigned CR 102J showing dimensions and details that meet the Boulder County Multimodal Transportation Standards, a detailed parking plan that includes ADA compliant parking, and specifics related to how the vacated ROW will be decommissioned and restored must be submitted for review and approval by transportation staff. 

The applicant must ensure the non-motorized use of the realigned CR 102J to the U.S. forest Service owned property is available to the public at all times. A Boulder County Parks and Open Space Natural Resource Planner reviewed the original application materials and raised concerns related to the location of public parking and the proposed curving roadway of the realigned CR 102J, and the lack of details of how the realigned ROW will be managed. 

Staff noted that these concerns were addressed in subsequently submitted revised application materials, and the Natural Resource Planner no longer has concerns or objections to the Vacation application. 

Staff received comments from two adjacent property owners. These comments raised concerns with this application, as well as the associated Right-of-Way Vacation. The existing signage states that CR 102J is a private road within the subject property. The realigned right-of-way moves away from the lake and the “old ranch/resort” and in so doing removes the views of these areas. 

Concerns were expressed that realigning the road to the north will adversely affect important wildlife, wetland and riparian resources and confusion as to whether the public will be allowed continued access through the vacated CR 102J right-of-way. County staff communicated with the two adjacent property owners, providing answers to questions and specific information from application materials that provided additional explanation of proposed activities, and general expectations for the area, if the Vacation and Special Review applications are approved. 

Staff has reviewed this proposal per criteria and has found that public roads, alleys and easements may be vacated after consideration at a public hearing by both the Planning Commission and the Board of County Commissioners. After the Planning Commission issued its a recommendation for the Vacation request, staff will schedule a Board of County Commissioners’ public hearing. 

Subject to recommended conditions of approval, staff found this requirement can be met. The vacation becomes effective upon recordation of the Board’s resolution of approval with the Boulder County Clerk and Recorder’s office. Prior to recordation, the applicant must complete all conditions of approval. 

If the vacation is approved by the Board of County Commissioners, upon completion of post-approval requirements, Land Use staff will record a copy of the Board’s Resolution of Approval with the Boulder County Clerk and Recorder’s office. The portions of the road or alley vacated will be divided down the centerline and added to the respective adjacent property.

In accordance with Article 3, staff referred the application to applicable referral agencies and all property owners within 1,500 feet of the subject property. The Land Use Department staff will record the Commissioner’s resolution of approval with the Clerk and Recorder’s office within 45 days of the Commissioners’ approval unless otherwise specified. 

Because staff is recommending conditions of approval that involve post-approval requirements likely to take longer than 45 days, staff recommended a condition of approval requiring recordation of the new deed legally describing the new alignment of County Road 102J within one year of the resolution approval date; therefore, as conditioned, staff found this requirement can be met. The Land Use staff found that this application can meet the criteria for a vacation and recommended the Planning Commission recommend that the Board of County Commissioner approve the request.

The Commissioners also discussed a request for new structures at Gold Lake. Boulder County staff recommended no structures within 75 feet of the lake, but Gold Lake has requested to just pull two buildings from the 75 feet area and remove a special event site. The Commissioners tabled that item asking for more clarity on the language regarding the 75-foot limit.

(Originally published in the December 5, 2019, print edition of The Mountain-Ear.)