HomeMy WebLinkAboutFile Documents.401 Castle Creek Rd.0070.2018 (2).ACBKDEVELOPMENT ORDER
of the City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.080, "Development
Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order
allows development of a site-specific development plan pursuant to the provisions of the land use approvals,
described herein. The effective date of this Order shall also be the initiation date of a three-year vested property
right. The vested property right shall expire on the day after the third anniversary of the effective date of this
Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building
Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued
by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain
in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall
be subject to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific development plan as
described below.
Aspen Valley Hospital District, 401 Castle Creek Road, Aspen, CO 81611
Property Owner's Name, Mailing Address.
Sprint, Represented by Neal Talaske, Pinnacle Consulting Inc., 1426 North Marvin Street #101 GilbertAZ 85233
Applicant's Name, Mailing Address
Legal: Parcel C, The Aspen Valley Hospital Subdivision, City of Aspen, County of Pitkin, State Of Colorado
Street: Aspen Valley Hospital, 401 Castle Creek Road, Aspen, CO 81611
Legal Description and Street Address of Subject Property
The applicant has received approval for the replacement of and upgrades to existing wireless telecommunications
equipment on the roof of the Aspen Valley Hospital.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Wireless telecommunications services facilities and equipment (Section 26.575.130), Administrative Approval.
1/9/2018
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
February 1, 2018
Effective Date of Development Order (Same as date ofpublication of notice of approval.)
February 1, 2021
Expiration Date of Development Order (The extension, reinstatement, exemption front expiration and revocation
may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code)
Issued this 22" day of January 2018, by the City of Aspen Community Development Director.
Je sica Garrow0
mmunity Development Director
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: / y U� l�(,(�✓,Qf�
Aspen, CO
STATE OF COLORADO )
ss..
County of Pitkin )
I, -ZeA (name, please print)
being or re reseriting an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E.) or Section
26�.306�.010 (E) of the Aspen Land Use Code in the following manner:
�/ Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
Signature
The foregoing "Affidavit of Notice" wasclrnow edged before me this day
of 61tt, 20� , by av�U1
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: —�
v'r
Notary Public
ATTACHMENTS
COPY OF THE PUBLICATION
KAREN REED PATTERSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID #19964002767
My Commission Expires February 15, 2020
Janice K. Vos Caudill
Pitkin County Clerk and Recorder
534 East Hyman Avenue
Aspen, CO 81611
(970)429-2716
�tTHIN Transaction Receipt
Print Date: 02/07/2018 09:54:42 AM
COUNTS Transaction 9605992
Transaction Type: Recording
Receipt #2018000678
Cashier: Chrissy Carson
Cashier Date: 02/07/2018 09:54:39 AM
Number of Documents Recorded: I
Reception#644991 - APPROVAL - 6pg(s) Recording Surcharge:
Recording Fee: $35.00 $38.00
Total Nees
Payment Received: Check 423484
Payment Received: Escrow Accou
Change
Escrow Account: ASPEN CITY OF (CLERK) (New Balance: $802.25)
Presented by:
PINNACLE CONSULTING INC
1426 NORTH MARVIN STREET #101
GILBERT, AZ 85233
$38.00
$33.00
$5.00
$0.00
RECEPTION#: 644991, R: $38.00, D: $0.00
DOC CODE: APPROVAL
Pg 1 of 6, 02/0712018 at 09:54:39 AM
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
AN ADMINISTRATIVE APPROVAL FOR THE UPGRADE OF WIRELESS
TELECOMMUNICATION EQUIPMENT ON THE ROOF OF 401 CASTLE CREEK
ROAD, COMMONLY KNOWN AS THE ASPEN VALLEY HOSPITAL, LEGALLY
DESCRIBED AS: PARCEL C, THE ASPEN VALLEY HOSPITAL SUBDIVISION, CITY
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID: 2735-123-078-01
PROPERTY OWNER: Aspen Valley Hospital District,
401 Castle Creek Road
Aspen, CO 81611
APPLICANT: Sprint
333 Inverness Drive South,
Englewood, CO 80112
REPRESENTATIVE: Neal Talaske, Pinnacle Consulting Inc.,
1426 North Marvin Street, #101
Gilbert, AZ 85233
SUBJECT &
SITE OF APPROVAL: Upgrade of wireless telecommunications equipment located at 401.
Castle Creek Road, Aspen, CO 81611
(Aspen Valley Hospital)
LAND USE REQUEST AND REVIEW PROCEDURES:
26.575.130 - Wireless telecommunications services facilities and equipment
If a proposed telecommunications equipment upgrade project meets specific review criteria, the
application can be reviewed administratively. In this application, the height of the proposed
antenna extends beyond the wall where it is mounted and is more than five (5) feet above the roof
line below the equipment. Normally this would trigger a special review by the Planning and Zoning
Commission. However, in 2012, Section 6409 of the Middle Class Tax Reform Act imposed
restrictions on local jurisdictions reviews of the replacement or upgrade of existing
telecommunication equipment.
It was determined during previous reviews of , similar proposals that the replacement of
telecommunication equipment that exceed certain dimensional requirements may remain an
Page 1 of 3
administrative review and do not require special review by the Planning and Zoning Commission.
As such, the Community Development Director is the final review authority.
SUMMARY:
The applicant requests approval to upgrade existing wireless telecommunications equipment
located on the roof of the Aspen Valley Hospital. The proposal would add three (3) antennas and
three (3) Remote Radio Unit's (RRU's) in addition to the three (3) existing antenna in that location.
The RRU's will be placed behind the proposed antenna. The proposed antennas are larger than the
existing equipment, but will be painted to match the existing building in order to reduce the
appearance of the antennas. The proposal also includes upgrading equipment in the existing
equipment cabinets which are located on the lower roof section to the north of where the antennas
are located. No new equipment is proposed in this location, all upgrades are within the equipment
cabinets.
As mentioned, the proposed antennas are larger than the existing antennas and will extend beyond
the wall on which they are mounted, also, they are more than five (5) feet tall when measured from
the roof line below where they are to be mounted as permitted by the Aspen Land Use Code. The
Community Development Director can approve antennas that are higher than five (5) feet if the
equipment is suitable screened or camouflaged.
STAFF EVALUATION:
Section 6409 (referenced above) significantly limits local review authority over upgrades to
existing telecommunications equipment. The FCC interpretation of the Federal law states that local
jurisdictions review processes can proceed when existing facilities are expanded in height by l0%
or 20 feet; whichever is greater. In this case, the increase represents an approximately two (2) foot
increase in height of the antenna. The proposed antennas will have greater visual impact than the
existing equipment, but does not qualify as a "substantial" enlargement as defined by the FCC.
The proposed upgrades to the existing telecommunication equipment complies with all other
review criteria of the Land Use Code. The equipment is not in a view plane, has a minimal visual
impact when viewed from the ground, and is similar to, and consistent with what you would expect
to see on the roof of the Aspen Valley Hospital. Therefore, staff finds that the proposed antennas
and equipment, painted to match the existing antennas and building, meet the criteria for
administrative review. Staff finds that the proposed equipment upgrades meet the criteria for
approval.
DECISION:
The Community Development Director finds the Administrative Application for Wireless
Telecommunication Equipment to be consistent with the review criteria (Exhibit B) and
thereby APPROVES the request:
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Page 2 of 3
WVJA WKZ/GJ
Jes 'ca Garrow
C muruty Develapment Director
Attachments:
Exhibit A — Approved plans (recorded)
Exhibit B — Review Criteria (not recorded)
Exhibit C — Application (not recorded)
c
Date
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