Douglas County Unincorporated
City Zoning Code

Level-of-Service Standards

The Level-of-Service Standards are hereby repealed as of November 18, 2014.

School Capacity Standards

The School Capacity Standards are hereby repealed as of November 18, 2014.

THIS AVIGATION EASEMENT AGREEMENT (this "Agreement") is made as of the __________ day of _______________, 2000, by and between _______________, a _______________ ("Grantor"), the address of which is _______________, and COUNTY OF DOUGLAS, a political subdivision of the state of Colorado ("Grantee"), the address of which is 100 Third Street, Castle Rock, Colorado, 80104.

A.

Grantor owns certain real property in Douglas County, Colorado ("Grantor's Property"), legally described on Exhibit A and depicted on Exhibit B which exhibits are attached hereto and incorporated herein by this reference.

B.

Portions of Grantor's Property lie within the Centennial Airport Review Area — Overlay District, which is a zoning and land use district within Douglas County, Colorado, created to reduce exposure to aircraft operations relating to Centennial Airport.

C.

Such portions of Grantor's Property are subject to (i) Part 19 of the Douglas County Zoning Resolution dated December 10, 1997, (the "Airport Regulations"), a copy of which is attached hereto as Exhibit C, and (ii) 14 CFR 77 (the "Federal Regulations").

D.

Pursuant to § 1-1907, Avigation Easement. Grantor must grant to Grantee an avigation easement for the portions of Grantor's Property within the Runway Safety Zone and Fan Safety Zone (as each are defined in the Airport Regulations) prior to developing Grantor's Property, which easement must be noted on all final plats and site improvement plans pertaining to such portions of Grantor's Property.

E.

Grantor is willing to grant Grantee an easement with respect to Grantor's Property in accordance with the terms and conditions of this Agreement.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby covenant and agree as follows:

1.

Approval of [Plat and/or Site Improvement Plan]. As of the date hereof, Grantee has approved, the final [Plat and/or Site Improvement Plan] pertaining to Grantor's Property.

2.

Avigation Easement. Subject to the provisions of this Agreement, Grantor hereby grants to Grantee a non-exclusive, easement and right of way, appurtenant to the property on which Centennial Airport is located (the "Airport Property"), for the unobstructed passage of all aircraft, ("aircraft" being defined for the purposes of this Agreement as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) in the air space above Grantor's Property to an infinite height (the "Avigation Easement").

3.

Scope of Easement. The Avigation Easement shall be limited as follows:

(a)

Land Surfaces. The Avigation Easement shall apply only to those portions of Grantor's Property within the Runway Safety Zone and the Fan Safety Zone, which portions are depicted on Exhibit B, are legally described in Exhibit D and Exhibit E, respectively, which are attached hereto and incorporated herein by this reference, and are collectively referred to herein as the "Land Surfaces."

(b)

Height Zone. The Avigation Easement shall apply only to those portions of the airspace above the Land Surfaces which are above the "imaginary surfaces" defined in the Federal Regulations (the "Airspace"), as the same may apply to Grantor's Property as of the date hereof. The Airspace shall not be invaded or used by Grantor, nor shall Grantor authorize the use of the Airspace by others, without Grantee's prior written approval; provided, however, that this restriction shall apply only to physical obstructions and not to telecommunication, electrical or similar waves or transmissions to and from areas below the Airspace. Grantor will not construct, install, erect, or grow upon the applicable portions of Grantor's Property any structure, building, tree, or other object which extends into the Airspace, without the prior written approval of Grantee, which approval shall not be unreasonably withheld. Grantee shall have a continuing right to keep clear from the Airspace buildings, structures, or improvements of any kind, trees, or other objects, including the right to remove or demolish any portions of such obstructions which extend into the Airspace which Grantee has not previously approved.

4.

Assignment and Apportionment. This Agreement, including any interest in this Agreement, may be assigned by Grantor without the prior written consent of the Grantee. The Avigation Easement may be apportioned and/or transferred by Grantee to the Arapahoe County Public Airport Authority to be utilized concurrently by the Centennial Airport Authority and Grantee without approval or consideration to Grantor, provided that Grantee shall deliver to Grantor written notice prior to such apportionment or transfer, and further provided that by accepting such apportionment, the Arapahoe County Public Airport Authority thereby agrees to be bound to the provisions of this Agreement and to use the Avigation Easement pursuant to the terms hereof.

5.

Waiver of Claims. Grantor hereby waives, remises and releases any right or cause of action it may now have or which it may have in the future against the County of Douglas, as the initial grantee under this Agreement, pertaining to or resulting from the passage of aircraft in the airspace above Grantor's Property. However, nothing stated in the foregoing waiver, grant and release shall release any other person, including, without limitation, any assignee, transferee, apportionee or successor of Grantee, from (i) any cause of action pertaining to or resulting from the operation of aircraft outside the scope of this Avigation Easement, or (ii) liability for damages to any person or property resulting from the unlawful or negligent operation of any aircraft above Grantor's Property.

6.

Term. The term of this Agreement shall commence as of the date hereof and continue to and including the date upon which airport operations are no longer conducted at the Airport (a) Land Surfaces. The Avigation Easement shall apply only to those portions of Grantor's Property within the Runway Safety Zone and the Fan Safety Zone, which portions are depicted on Exhibit B, are legally described in Exhibit D and Exhibit E, respectively, which are attached hereto and incorporated herein by this reference, and are collectively referred to herein as the "Land Surfaces."

7.

Severability. The enforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions of this Agreement unenforceable, invalid or illegal, but rather the unenforceable, invalid or illegal provisions of this Agreement shall be deemed severed from this Agreement and this Agreement shall continue in full force and effect to the greatest extent permitted by applicable law. Notwithstanding the foregoing, in the event of any such severance that would prevent either party hereto from enjoying the benefit of its bargain for which this Agreement was negotiated, the parties hereto shall revise or modify this Agreement so as to exclude any unenforceable, invalid, or illegal provision, yet allow each party to enjoy the benefit of their respective bargains.

8.

Attorney's Fees. In the event of any litigation, controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement, or the breach hereof, or the interpretation hereof, the prevailing party, whether by judgment or out of court settlement, shall be entitled to recover from the losing party, reasonable expenses, attorney's fees and costs incurred in connection therewith, for the enforcement of any judgment or award rendered therein.

9.

Notices. All notices provided for herein shall be in writing and shall be personally delivered or mailed by registered or certified United States mail, postage prepaid, return receipt requested, to the parties at the addresses given below, or at such other addresses as may be specified by written notice:

If to Grantor:

With copies to:

If to Grantee:

With a copy to:

Any communications so mailed shall be deemed delivered three business days after mailing or when personally delivered.

10.

Headings. The captions and headings of any sections herein are not part of and in no manner or way define, limit, amplify, change or alter any term, covenant or condition of this Agreement. For purposes of this Agreement, the neuter gender includes the feminine or masculine, and singular number includes the plural and the word "person" includes corporations, partnership, firms, associations or other entities, as applicable, when the context so requires.

11.

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado.

12.

Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

13.

Recordation. This agreement may be recorded in the real property records of the clerk and recorder of the County of Douglas, state of Colorado.

14.

No Oral Amendments or Modifications. No amendments, waivers or modifications hereof shall be made or deemed to have been made unless in writing and executed by the party to be bound thereby.

15.

Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement.

16.

Supplemental. This Agreement supplements but does not supersede the Easement Agreement dated February 17, 1984, between Meridian 901 Corporation and The Arapahoe County Public Airport Authority, which is recorded in the real property records of Douglas County, Colorado, in Book 521 at page 699, which Easement Agreement shall remain in full force and effect according to its terms.

IN WITNESS WHEREOF, the undersigned have executed this Avigation Easement Agreement as of the day and year first above written.

By

Its

STATE OF COLORADO

)

) SS:

COUNTY OF ___________

)

The foregoing instrument was acknowledged before me this __________ day of _____________, 2000, by _______________ as _______________ of _______________, a _______________.

Witness my hand and official seal.

My commission expires: ____________________.

Notary Public

COUNTY OF DOUGLAS, a political subdivision of the state of Colorado

By:

Its:

STATE OF COLORADO

)

) SS:

COUNTY OF DOUGLAS

)

The foregoing instrument was acknowledged before me this ___________ day of _____________, 2000, by __________________ as ________________ of COUNTY OF DOUGLAS, a political subdivision of the state of Colorado.

Witness my hand and official seal.

My commission expires: ____________________.

Notary Public

VISUAL IMPACT ASSESSMENT

Appendix Contents

Introduction

Intent and Purpose

Visual Impact Assessment

A.

Douglas County has long been recognized for its outstanding visual attributes. As one of the most scenic of the Front Range counties, it seeks to protect those attributes by promoting the siting and design of telecommunication facilities in a manner that minimizes visual impacts, and thus protects quality of life for residents and businesses in the region. The tool that Douglas County uses to assess the visual impact of a telecommunication facility is a Visual Assessment (VIA). A VIA is required to accompany the Use By Special Review application for a telecommunication facility.

B.

The purpose of the VIA is to identify and assess how a proposed telecommunication facility will affect the viewshed. It provides a format for gathering the information on the site characteristics of an area and analyzing the resulting impacts. By understanding the relevant environmental qualities, and how they affect visual perception, an applicant is in a better position to both choose a location, and demonstrate that the location meets the provisions of the Zoning Resolution and the Comprehensive Master Plan. It also provides the information necessary to design the facility to blend with the surrounding environment.

The VIA consists of three parts: inventory, analysis, and conclusion. The inventory should contain a thorough description of an area's characteristics, identifying all natural and man-made features, all existing land uses, and all viewer groups that will be visually impacted. The focus of the inventory should encompass the search ring, and an area extending a minimum of one mile in al directions from the edge of the search ring, for every 100 feet or fraction thereof, of height proposed.

The analysis should assess the visual ramifications of placing the facility in various test locations, based on the landscape backdrop information compiled for the inventory. It should describe how the land uses and associated viewer groups will be affected by the different placement locations. A description of how the applicant would propose to design each facility to blend with the surrounding environment must be incorporated into the analysis. For example, a facility proposed and designed for an industrial zone would differ from one proposed and designed for an agricultural zone as each offers different opportunities. Likewise, a facility proposed for the flatter landscape of the southeastern part of Douglas County would differ from one proposed for the mountains of the western part of the County.

If proposed for a mountainous area, a support tower should be sited to be largely obscured from vantage points by topography and vegetation, and designed to mirror the textures in that particular landscape. A support tower proposed for the plains should be sited far from residential areas and out of view from travelers, preferably where it could be partially camouflaged by a butte or rock outcropping. Ground equipment should also be screened to blend with the landscape. If located in the mountains, the accessory equipment buildings and structures may be naturally screened by native vegetation, if located on the plains, equipment could be located in ground vaults, or possibly screened by an opaque or painted face.

The conclusion should summarize the findings of the inventory and analysis, and describe the process that lead to identification of the preferred support tower location. The conclusion must clearly demonstrate that the preferred location meets the objectives of the review/approval criteria required by § 1-2102 of the Zoning Resolution.

The VIA should be prepared in consultation with a landscape architect or other professional trained and experienced in the preparation of such assessments. The required contents of the VIA are described in the section that follows. It is recommended that maps, photographs and other visual support should be incorporated into the final document.

C.

1.

Visual Inventory

The purpose of the visual inventory is to describe the environment of the area for which the telecommunication facility is proposed. Information should be gathered and presented on the topography, vegetation, and land uses in the study area. The viewer groups must also be described. The viewer groups are those that live, work, travel or recreate in the study area. The information collected should be used in the analysis portion of the VIA to determine the visual impacts and their projected duration. The study area should coincide with the search ring and must extend a minimum of one mile in all directions for each 100 feet, or fraction thereof, of height proposed. The minimum study area shall be on mile, however, it may be required to be expanded based on the potential impact as determined by staff at the presubmittal meeting.

Define the Visual Character:

•

Describe the physiography and key landforms of the study area providing maps and photographs that support the narrative.

•

Describe the predominant vegetation of the study area focusing on the vegetation specific to the proposed facility location.

•

Describe the existing land uses in the study area including recreational uses, as well as transportation corridors providing access to, or through, these areas.

•

Describe any water features located in the study area and uses associated with each feature.

•

Describe the type of wildlife prevalent in the study area particularly birds that could be affected by a support tower.

•

Describe any visually sensitive resources located in the study area such as unique geographic features (such as mountain backdrops, ridges, hills, buttes, arroyos), historic sites or scenic vistas.

•

Describe the viewer groups, such as those with homes or businesses in the study area, or those that use any part of the study area for recreational or transportation purposes.

2.

Visual Analysis

The purpose of the visual analysis is to assess the visual impact of possible support tower locations based on the information presented in the inventory. The possible support tower locations should be those identified and justified by the application as being technologically feasible. The analysis should compare those locations, describing whether the potential sites meet the objectives of the review criteria contained in § 1-2107, Subsection 49.C, of the Douglas County Zoning Resolution. The comparison should also include analysis of the visual impact to the identified viewer groups. The positives and negatives of each site in terms of meeting the review criteria should be delineated in the analysis. If feasible, the findings may be presented in the form of a matrix. The preferred site will be the one in which the support tower will both blend with the landscape and provide the least visual impact to viewer groups.

Analyze the Visual Impact

•

Using a computer-modeling program, prepare a viewshed map of the study area using USGS digital elevation model data (7.5-minute series). The resulting viewshed map should illustrate maximum proposed structure height above an identified base elevation and should define the maximum area from which the tallest element of a completed facility could potentially be visible within the study area.

•

Discuss how the screening effect of existing or future, planted vegetation influences the visibility of the various locations proposed, recognizing that the computer model does not factor in vegetative or structural screens.

•

Describe potential project visibility by identifying locations in the study area where a high probability that the facility will be visible, exists. Demonstrate how the impact to viewer groups will be minimized.

•

Assess the extent and nature of visibility by viewer groups through field verification and photo documentation. Describe the method of field verification used and the conditions of the field tests.

•

Describe and analyze how each viewer group identified will be impacted by a facility sited in the preferred location and discuss seasonal, or other, changes that affect the view.

3.

Conclusion

The conclusion should summarize the findings of the visual inventory and describe how the information was used in the visual analysis to identify the preferred location for the support tower. The results of the site comparisons should provide the rationale for selection of the preferred location, and include a thorough description of how the preferred location meets the objectives of all review criteria outlined in Part 21 of the Douglas County Zoning Resolution. The mitigation measures proposed to soften any remaining visual impacts of the facility, including the design, color, material, texture and screening of all visible elements of the facility must be described as well.