HomeMy WebLinkAboutresolution.council.005-13 Resolution No. `J
(SERIES OF 2013)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING EXTENDED
TEMPORARY USE OF A MOBILE CELLULAR TOWER ON THE PARKING
LOT OF THE MAROON CREEK CLUB LOCATED AT 10 CLUB CIRCLE, CITY
OF ASPEN, PITKIN COUNTY, COLORADO AND LEGALLY DESCRIBED AS
SECTION 2 AND SECTION 11, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF
THE 6TH P.M., CITY OF ASPEN, COUNTY OF PITKIN, COLORADO
Parcel Identification Number- 273502309051
WHEREAS, the Community Development Department received an application
from Vertical Real Estate Consulting Inc., on behalf of AT&T Wireless, requesting
extended Temporary Use approval to permit a mobile cellular tower known as a Cell-on-
Wheels or COW to be located in the parking lot of the Maroon Creek Club located at 10
Club Circle; and,
WHEREAS, the Federal Aviation Administration has conducted an aeronautical
study under the provisions of 49 U.S.C., Section 44718 and Title 14 of the Code of Federal
Regulations, part 77 and found a Determination of No Hazard to Air Navigation for
Temporary Structure related to this request; and,
WHEREAS, the City Council reviewed the application and considered the
Temporary Use proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed
public hearing; and,
WHEREAS,the City Council finds that the extended temporary use proposal meets
or exceeds all applicable development standards associated with the request; and,
WHEREAS, the City Council grants approval of the extended Temporary Use
request as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION AS FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves an extended Temporary Use request to permit
the installation of a temporary movable cellular tower, known as a Cell-on-Wheels or
COW, to occupy approximately six (6) spaces in the rear parking lot of the Maroon Creek
Club from January 31, 2013 through April 15, 2013.
Page 1 of 2
Section 2•
All outdoor lighting associated with the COW shall be downcast and meet the
requirements of the City of Aspen Lighting Code pursuant to Land Use Code Section
26.575.150, Outdoor Lighting.
Section 3•
All material representations and commitments made by the Applicant pursuant to the
temporary use proposal as herein awarded, whether in public hearing or documentation
presented before the City Council, are hereby incorporated in such plan development
approvals and the same shall be complied with as if fully set forth herein, unless amended
by an authorized entity.
Section 4:
This resolution shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 5•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
APPROVED BY the City Council of the City of Aspen on this_L� day okc X013.
Michael C. Ireland,Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
James R. True, City Attorney
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Exhibit A
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Exhibit C
Review Criteria and Staff Findings
Sec. 26.450.030. Criteria applicable to all temporary uses.
When considering a development application for a temporary use or an insubstantial temporary
use, the Community Development Director or City Council shall consider, among other pertinent
factors, the following criteria as they or any of them, relate thereto:
A. The location, size, design, operating characteristics and visual impacts of the proposed use.
AT&T proposes to locate their Cell on Wheels (COTfq unit on Lot 51 of the Maroon Creek.
Subdivision, 10 Club Circle, in Aspen, Colorado. The COW will be located in the Maroon
Creek Club parking lot, occupying approximately 6 parking spaces. The body of the unit will
measure 14'5" in height, with an extended telescopic mast measuring 60' in height. Two
antennas will be mounted on the mast at 517"and 577", respectively. A chain link fence will
be erected around the unit, comprising an area of approximately 20'x50'. An on-site
generator will serve as backup to the operation should power fail, with the main source of
power coming from the existing maintenance facility, run to the COW by a 100 pair Telco
cable, routed inside the maintenance yard between the fence and material bins, and secured to
the inside of the fence by conduit clips. The unit will create a noticeable visual impact on the
surrounding area due to its height, which rises approximately 30' higher than surrounding
buildings, and its lack for both the body of the unit as well as the antenna mast. The proposed
chain link is not an acceptable material for fencing per the Code. The height and the failure
to screen the unit create a contextual conflict with the surrounding area, which the Maroon
Creek Club architectural standards document refers to as "natural, unimposing, and rural".
Staff finds this criterion to not be met.
B. The compatibility of the proposed temporary use with the character, density and use of
structures and uses in the immediate vicinity.
The Applicant is proposing to locate the COW in the parking lot of the Maroon Creek Club.
The immediate vicinity includes a private club containing a golf course, tennis courts, a fitness
center, as well as nearby residential units. The mast of the proposed cell tower reaches a
height of 60'9 whereas the buildings in the immediate vicinity are restricted to a height of 28—
33'. The proposed unit will also encompass approximately six parking spaces on the site
during the duration of the winter/spring 2013 ski season. Staff does not find the unit to be
compatible with the character or structures in the surrounding area, nor the uses in the
immediate vicinity. Staff finds this criterion to not be met.
C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic
patterns, municipal services, noise levels and neighborhood character.
There are no anticipated impacts in regard to this temporary use on pedestrian and vehicular
traffic, traffic patterns, municipal services, or noise levels in the immediate vicinity, unless the
primary power source (the on-site maintenance building) is subject to power failure, in which
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case the backup generator will be used The COW will be located within a parking lot of the
Maroon Creek Golf Course, and will occupy approximately six parking spaces for a period of
75 days following an administrative temporary use request of 14 days. This disrupts the
potential for parking at the Club by removing the use of these parking spaces for a total of 89
consecutive days. Staff finds this criterion to not be met.
D. The duration of the proposed temporary use and whether a temporary use has previously
been approved for the structure, parcel, property or location as proposed in the application.
The temporary use is proposed for the period of time from January 31, 2013 through April 15,
2013. Staff has granted an administrative temporary use approval for the period of time from
January 17th, 2013 through January 30th, 2013, during the Winter X-Games event. A 14-day
temporary use approval was previously granted for the 2012 Winter X Games. This will be the
second temporary use request of this nature for the Applicant during 2013, and the third
request of this kind to date.
F. The relation of the temporary use to conditions and character changes which may have
occurred in the area and zone district in which the use is proposed.
The proposed temporary use is in the Maroon Creek Club parking lot, adjacent to nearby
multi family residences. The COW will not directly interfere with the surrounding residences;
however it will create a visual impact on the area as the proposed antenna mast will extend
approximately 30'higher than the surrounding buildings. The COW will have a direct impact
on the amount of parking available at the Club, and will create a deficit in the 325 parking
spaces that have been approved for the recreational use areas of the PUD in the final approval
There have been no known changes in recent times to the zone district in which the use is
proposed; however due to the height and the occupation of parking spaces that may be needed
by Club members, Staff finds this criterion to not be met.
E. The purposes and intent of the zone district in which the temporary use is proposed.
The zone district where the temporary use is proposed is known as Park (P), with Specially
Planned Area (SPA) and Planned Unit Development (PUD) overlays. The purpose of the
Park zone district is to provide lands for recreation use, without disrupting the uses of
surrounding zone districts. Allowed uses include recreational facilities and their accessory
uses. Conditional uses include recreation buildings, sport shops, restaurant facilities,
maintenance buildings, and farmers' markets. Staff does not find this use to be compatible
with the zone district in which it is proposed. Staff finds this criterion to not be met.
G. How the proposed temporary use will enhance or diminish the general public health, safety or
welfare.
Enhancements may be made to the general public's health, safety and welfare in their
enhanced ability to receive cellular signals during a time of heightened activity within the
Aspen city area that may otherwise experience difficulty. However, Staff finds the length of
this request to be of issue, and would like the Applicant to seek a permanent solution to an
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issue to an ongoing issue. The City experiences a temporary population increase at many
times throughout the year, and feels it would be an asset to the City to create a permanent
solution for this issue. Stafffinds this criterion to be met.
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