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HomeMy WebLinkAboutLand Use Case.845 Meadows Dr.0034.2019.ASLU• • COMMUNITY DEVELOPMENT CITY OF ASPEN CASE NUMBER 0034.2019.ASLU PROJECT ADDRESS 845 Meadows Drive PARCELID 273512129008 PLANNER Jim Pomeroy CASE DESCRIPTION WIRELESS REPRESENTATIVE Stephen Lester DATE CLOSED 1/2/2020 CLOSED BY SARA NESTER RECEPTION#: 667073, R: $38.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 6, 07/03/2019 at 04:27:36 PM Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL AN ADMINISTRATIVE APPROVAL FOR THE UPGRADE OF WIRELESS TELECOMMUNICATION EQUIPMENT ON THE ROOF OF THE ASPEN MEADOWS RESORT, LEGALLY DESCRIBED AS LOT 1A, THE ASPEN MEADOWS SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 845 MEADOWS ROAD. Parcel ID: 273512129008 APPLICANT: The Aspen Institute 1000 N. Third Street Aspen, CO 81611 REPRESENTATIVE: Stephen Lester, representing AT&T Wireless 927 Salida Way, Aurora, CO 80011 SUBJECT & SITE OF APPROVAL: Upgrade of wireless telecommunications equipment located at 845 Meadows Road (Aspen Meadows Resort) LAND USE REQUEST AND REVIEW PROCEDURES: 26.505.080 - Wireless Communications Facilities and Equipment If a proposed wireless communications equipment upgrade meets specific review criteria, the application can be reviewed administratively. The Community Development Director is the final review authority. 26.415.0703 — Certificate of No Negative Effect The proposed equipment is to be installed on a designated historic property but has been found to qualify for a Certificate of No Negative Effect. 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 Meadows Resort. All equipment upgrades would occur i an area of the roof that currently contains wireless telecommunication and mechanical equipm nt. New equipment is proposed, and all proposed equipment will be confined to the existing mechanical and wireless communication equipment area. The proposed equipment is located behind architectural screening and does not extend beyond the top of the screen walls. A new section of screen wall will be installed on the west side of the upper roof to shield proposed equip ent. The height and location comply with the height and setback requirements of the land use ode. All Page 1 of 2 equipment will be shielded by the screening walls. All proposed equipment complies with the applicable review criteria in the code. STAFF EVALUATION: Pursuant to Section 26.505.080, Wireless Communications Facilities and Equipment, proposed equipment must comply with a number of review standards. The proposed upgrades to the existing telecommunication equipment comply with all applicable review criteria of the Land Use Code. The proposed upgrades to existing wireless equipment will continue to use an area of the roof that has traditionally been used for wireless telecommunication and mechanical equipment and is fully screened by architectural screening. The proposed equipment does not increase the visual impact of the equipment. The Aspen Meadows Resort is a historically designated property and is subject to the requirements of Section 26.415 - Historic Preservation. The alterations to existing equipment and new equipment qualify for a Certificate of No Negative Effect. The Certificate of No Negative Effect is documented by, and included in, this Notice of Approval. Staff finds that the proposed antennas and equipment meet the criteria for administrative review and Historic Preservation Design Guidelines. Staff finds that the proposed equipment upgrades meet the criteria for approval with conditions. DECISION: The Community Development Director finds the Administrative Application for Wireless Communication Equipment to be consistent with the review criteria (Exhibit B) and thereby APPROVES the request with the following building permit requirements as conditions of approval: Building permit requirements for roof -mounted appliances: • Completed shortened permit application packet, attached here • A letter, signed and stamped by a structural engineer, verifying that the building can handle the additional load of the proposed units • Existing and proposed scaled drawings o Proposed drawings must show compliance with 2015 IMC Section 306 and 2015 IBC Section 1015.6 APPROVED BY: Jessica Garro mmunity elopment Director Attachments: Exhibit A — Approved plans (recorded) Exhibit B — Review Criteria (not recorded) Exhibit C — Application (not recorded) MW 01261cl ate Page 2 of 2 4 RCC' R OVERALL SITE PLAN 0.10 Scala: 7' = 20'-0• 'A' RECEPTION BUILDING AERIAL •B' RECEPTION BUILDING NORTHSIDE BIRD'S EYE MOUNTAIN WIRELESS CONSTRUCTION F-III: IN 3N I W0 E 0 EU pU NO NU w0 �3 �i Z z z �w SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: ROOF) 845 MEADOWS ROAD ASPEN, CO 81611 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 OVERALL SITE PLAN N N 'S 8 CONDUIT TO BE PAINTED SHERWIN WILUIMS 7397 D LU N �P TRANE. SPARENT SCF O BE FINISHED AND ATO TCH EX UPPER ROOT S N WALL. W 0 111 AISTANTENNASel NEW SCREEN (UPPER, N .� DETAILED SITE PLAN SCALE: 1l4' = i'-0' scae. va• = ra• MOUNTAIN WIRELESS ZONING NOT FOR CONSTRUCTION N w N w00 Fr OU to p cn 0 w0 Y3 \I w w jI 'z � z �w SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 81611 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 DETAILED SITE PLAN Zl.2 NOTE: NEW RRMS 8 CONDUIT TO BE 1 scn�E. va• = r-o- 2 MOUNTAIN WIRELESS ZONING NOT FOR CONSTRUCTION F— Fn N N W 130 W00 U ❑ NO NO WO E3 ,1 zz W SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 EX. & NEW NORTH ELEVATIONS Z2. 1 EX AT&T ANTE A EX ROOFTOP HVAC EOUIPMENT TYP.� .ri yy E%.HVAC CURB 6Q. BLUE CLOTH SCREEN WALL Wr10 ri �^ J1 T.O. MID ROOF (HVAC CURB) 1z< 9 I/It, • \ 1 • ► Y (2) NEW AT&T ANTENNAS BEHIND NEW SCREEN WALL (NOT VISIBLE) T.O. E%. SCREEN WALL 126-W EX AT&T ANTENNA T.O. NEW SCREEN WALL .y 126'-3• T.O. NEW AT&TANTENNAS I2B-a .L NEW AT&T ANTENNAS 123'-9• NEW AT&T RRH•S & RELOCATED-,, REMOTES MOUNTED TO WAL--- h T O BLUE CLOTH SCREEN WALL _ 11T-10' fMID ROOF I. -CURB?-+- NEW RF TRANSPARENT SCREEN WALL. FINISHED & PAINTED TO MATCH EXISTING NOTE' NEW RRH•S & CONDUIT TO BE PAINTED SHERWIN WILLIAMS 7397 DARK -BLUE. NEW RF TRANSPARENT SCREEN WALL TO BE FINISHED AND PAINTED TO MATCH EX UPPER ROOF SCREEN WALL. MOUNTAIN WIRELESS 927 SA -A WAY AURORA. CO 0011 303.343.6544 ZONING NOT FOR CONSTRUCTION N W N W 0 Q O OU fNJ) p w0 ir3 Z z W SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 EX. & NEW WEST ELEVATIONS Z2.2 • 0 DEVELOPMENT 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. The Aspen Institute, l000 N Third Street, Aspen, CO 81611 Property Owner's Name, Mailing Address The Aspen Institute, 1000 N Third Street, Aspen, CO 81611 Applicant's Name, Mailing Address LOT 1A, THE ASPEN MEADOWS SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 845 MEADOWS ROAD 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 Meadows Reception Center. Written Description of the Site -Specific Plan and/or Attachment Describing Plan Wireless Communications Facilities and Equipment (Section 26.5o5.o8o), Certificate of No Negative Effect (26.415.070.B), Administrative Approval. (5/30/2019) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) May 30, 2019 Effective Date of Development Order (Same as date of publication of notice of approval.) May 30, 2022 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.070 of the City of Aspen Municipal Code.) Issued this 3oth day of May 2019, by the City of Aspen Community Development Director. J ssica Garr Community Development Director • AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY:y 9 ,S' Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, �-%1 ( ; 5t�Sv­v (name, please print) be or repre nting an Applicant tot e 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. §igure The foregoing "Affidavit of Notice" was acknowledged before me this 'T�4 day of ::r—e- , 200 9 , by /A� r K Leti�e f+u M NOTIIIX of 0EaL0f WNT#J*MvAL Notice is hereby given to the general public of the approval of a site -specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Parcel ID #2735-121-29-008, Legally described as LOT 1 A. THE ASPEN MEADOWS SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO, COMMONLY KNOWN AS 845 MEADOWS ROAD. The applicant has received approval for the replacement of, and upgrades to, existing wireless telecommunications equipment on the roof of the Aspen Meadows Re- ception Center. The change is depicted in the land use application on file with the City of Aspen. For further information contact Garrett Larimer at the City of Aspen Community Development Dept., 130 S. Galena St., Aspen, Colorado, garrett.larimer®citvofasoen.com, or (970) 429-2739. Published in the Aspen Times on May 30, 2019 0000429180 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Od+bet- 3, zozZ ?%4. ce-;K��v Notary Public PHILLIP K LEHUE NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS: NOTARY ID 20184039063 MY COMMISSION EXPIRES OCTOBER 03, 2022 COPY OF THE PUBLICATION 0 Janice K. Vos Caudill 011I:KIN Pitkin County Clerk and Recorder 6� CuUtv'T'� 534 East Hyman Avenue Aspen, CO 81611 (970)429-2716 Number of Documents Recorded: 1 Transaction Receipt Print Date: 07/03/2019 04:27:38 PM Transaction #624314 Transaction Type: Recording Receipt #2019003160 Cashier: Chrissy Carson Cashier Date: 07/03/2019 04:27:36 PM Reception#657073 - APPROVAL - 6pg(s) Recording Surcharge: $3.00 Recording Fee: $35.00 $38.00 Total Fees $38.00 Payment Received: Check #54399 $38.00 Change $0.00 Presented by: MOUNTAIN WIRELESS CONSTRUCTION INC 927 SALIDA WAY AURORA, CO 80011 Permit type I kslu Aspen Land Use Address 845 MEADOWS RD City JASPEN Permit Information Permit # 10034.2019.ASLU Apt/Suite State RE-6-71 Zip 181611 Master permit Routing queue aslul5 Project Status I pending D escription WIRELESS PI D 273512129008 Submitted STEPHEN LESTER - 303-589-8899 Clock Running Days Submitted via Applied 04/25/2019 Approved Issued Closed/Final Expires 04/19/2020 Owner Last name JASPEN INSTITUTE I ,� �- First name 1000 N THIRD ST Phone (970) 925-7010 Address ASPEN CO 81611 Applicant 0 Owner is applicant? ❑ Contractor is applicant? Last name ASPEN INSTITUTE First name 1000 N THIRD ST Phone (970) 925 7010 Cust # 25366 _-- �' Address ASPEN CO 81611 Email . Lender Last name El1 First name Phone [ ) Address Land Use Application Determination of Completeness Date: April 11, 2019 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 845 Meadows Drive, Wireless (PID273512129008) and have reviewed it for completeness (and not compliance). Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $975.00 (to be billed hourly). 3) One copy of the scaled drawings (24" by 36"). Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank Jennifer hel n, Deputy Planning Director City of MqeK, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No GMQS Allotments Yes No_-.,G Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging ... ,. .�Olitl..3:.:end JtfBE'i ,�i5(3t';r; l.liC?�;;.ri7-197� ,.y L•..J�J�...0 ..,., ii. _i: LJ MOUNTAIN WIRELESS 927 SALIDA WAY • AURORA, COLORADO 80011 •303.343.6544 April 5, 2019 PROJECT NAME AND ADDRESS: ASPEN MEADOWS RECEPTION CENTER, 845 MEADOWS RD. PARCEL ID#: 2735-121-29-008 LEGAL DESCRIPTION: SUBDIVISION OF ASPEN MEADOWS LOT 1-A REPRESENTATIVE: STEPHEN LESTER (FOR AT&T) WRITTEN DESCRIPTION OF THE PROJECT PROPOSAL: THE ATTACHED DOCUMENTATION IS BEING SUBMITTED FOR REVIEW IN REGARD TO ADDING TO THE EXISTING WIRELESS TELECOMMUNICATION EQUIPMENT ON THE ROOF OF THE RECEPTION CENTER BUILDING AT THE ASPEN MEADOWS CAMPUS. THERE WAS A PREVIOUS APPROVAL FOR WIRELESS EQUIPMENT ON THIS STRUCTURE IN 2012, AND THE PROPOSED SCOPE IS TO CO -LOCATE ALONGSIDE THIS EXISTING EQUIPMENT AND USE THE SCREENING THAT IS ALREADY IN PLACE. ALSO INCLUDED IN THE PROPOSED SCOPE IS ADDING ONE SHORT NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A "GAP" IN THE CURRENT SCREENING. THE SCOPE OF THE PROJECT CONSISTS OF: - INSTALLING NEW ANTENNAS BEHIND A NEW SECTION OF SCREEN WALL (TO BE FINISHED AND PAINTED TO MATCH THE BUILDINGS EXISTING SCREEN WALL) ON THE UPPER ROOF - INSTALLING NEW REMOTE RADIO HEADS (RRH'S) TO AN EXTERIOR WALL ON THE MID ROOF (WILL BE SCREENED BY THE BUILDING'S EXISTING SCREEN WALL) - INSTALLING A NEW EQUIPMENT CABINET ON THE LOWER ROOF (WILL BE SCREENED BY THE BUILDINGS EXISTING SCREEN WALL) PLEASE SEE THE ATTACHED DOCUMENTS FOR ZONING REVIEW PLEASE FEEL FREE TO REACH OUT WITH ANY QUESTIONS RELATED TO THE PROJECT. THANK YOU, G L 7 STEPHEN LESTER MOUNTAIN WIRELESS FOR AT&T WIRELESS 303.589.8899 SLESTER@U MTWIRE.COM RECruivLer QPR 10 REC'D CITY OF ASPEN 1jmT1' DEVEI opmv,+; TABLE OF CONTENTS PRE -APPLICATION CONFERENCE SUMMARY..................................................................................3 LANDUSE APPLICATION..........................................................................................................5 SIGNED LETTER OF AUTHORIZATION............................................................................................1 2 VICINITYMAP.......................................................................................................................1 3 TITLE................................................................................................................................14 RESPONSES TO WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT REVIEW CRITERIA .........24 04, °'L CEIVE CITY OF ASPEN APR 10 REC'D PRE -APPLICATION CONFERENCE SUMMARY , 0TY Uf ASPEN DATE: November 6, 2oi8 PLANNER: Jim Pomeroy, 429.2745 PROJECT NAME AND ADDRESS: Aspen Meadows Reception Center, 845 Meadows Rd. PARCEL ID# 2735-121-29-oo8 REPRESENTATIVE: Stephen Lester (for AT&T) - slester@mtwire.com DESCRIPTION: The applicant is interested in adding to the existing wireless telecommunication equipment on the roof of the Reception Center building at the Aspen Meadows campus. There was a previous approval for wireless equipment on this structure in 2012, and the applicant is looking to co -locate alongside this existing equipment and use the screening that is already in place. The applicant is also interested in adding one short new section of screening along the backside of the building where there is a "gap" in the current screening. Wireless telecommunication applications are an administrative review; no public notice is required. The City has review criteria that must be met related to placement, height, etc. Please see Section 26.575.130 for the wireless requirements. Any new wireless equipment should be clustered near existing equipment. The Aspen meadows campus is a designated historical asset, and therefore any new development on the site, whether the structure is historic or not, requires Historical Preservation Commission review. The City's Historical Preservation Officer, will most likely be able to sign off on a Certificate of No Negative Effect, which review can be wrapped up with the administrative telecommunications review. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.S75.3-30 Wireless Telecommunication Services Facilities and Equipment For your convenience - links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: a Staff for Complete Application REQUIRED LAND USE REVIEW(S): a Telecommunications review a Certificate of No Negative Effect PUBLIC HEARING: No, Administrative PLANNING FEES: $975 Deposit for 3 hours of staff time (additional hours will be billed at $325/hr) REFERRAL FEES: No TOTAL DEPOSIT: $975.00 i3o South Galena Street Aspen, CO 8t6n-t975 I P. 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com 1_1 APPLICATION CHECKLIST —These items should first be submitted in a paper copy. M Completed Land Use Application and signed Fee Agreement. ® Pre -application Conference Summary (this document). © Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. O Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ® HOA Compliance form (Attached to Application) ® A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. ❑X An 81/2" by 3.1" vicinity map locating the parcel within the City of Aspen. ❑X Written responses to applicable review criteria. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subjectto change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET AN Ti u Cm cx, Awm 4*,;kTE1VE0 A P R 10 REC'D CITY OF ASPEN COMM14TY DEW-LOWNr Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form 5. Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre -Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative — meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre -application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require anew deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 Agreement to Pay Application Fees An agreement between the City of Aspen ("City') and Address of Property 845 MEADOWS ROAD ' ' TIV Please type or print in all cape 10 RECV Property Owner Name: ASPEN INSTITUTE INC. Representative Name (if different from Property Owner) BECKY WARD Billing Name and Address - Send Bills to: STEPHEN LESTER: 927 SALIDA WAY, AURORA, CO 80011 Contact info for billing: e-mail: SLESTER@MTWIRE.COM Phone: 303.589.8899 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. NIA flat fee for NIA $. NIA flat fee for NIA $. NIA flat fee for NIA NIA flat fee for NIA For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 975.00 deposit for 3 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ NIA deposit for NIA hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Case # Signature: PRINT Name: STEPHEN LESTER Title: DESIGN SERVICES MANAGER - MOUNTAIN WIRELESS November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 LAND USE APPLICATION Project Name and Address: ASPEN MEADOWS RECEPTION CENTER, 845 MEADOWS ROAD Parcel ID # (REQUIRED) 2735-121-29-008 APPLICANT: Name: QUIN GELFAND - AT&T WIRELESS Address: 161 INVERNESS DRIVE, ENGLEWOOD, CO 80112 Phone #: 214.208.5407 REPRESENTIVATIVE: Name: STEPHEN LESTER email: QG112C@ATT.COM Address: 927 SALIDA WAY, AURORA, CO 80011 Phone#: 303.589.8899 email: SLESTER@MTWIRE.COM Description: Existing and Proposed Conditions ADDING TO THE EXISTING WIRELESS TELECOMMUNICATION EQUIPMENT ON THE ROOF OF THE RECEPTION CENTER BUILDING AT THE ASPEN MEADOWS CAMPUS. THERE WAS A PREVIOUS APPROVAL FOR WIRELESS EQUIPMENT ON THIS STRUCTURE IN 2012, AND THE PROPOSED SCOPE IS TO CO -LOCATE ALONGSIDE THIS EXISTING EQUIPMENT AND USE THE SCREENING THAT IS ALREADY IN PLACE. ALSO INCLUDED IN THE PROPOSED SCOPE IS ADDING ONE SHORT NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A "GAP" IN THE CURRENT SCREENING. Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage N/A Lodge Pillows N/A Free Market dwelling units NIA Affordable Housing dwelling units NIA Essential Public Facility square footage NIA Have you included the following? FEES DUE: $ 975.00 X Pre -Application Conference Summary X Signed Fee Agreement I X J HOA Compliance form SUBJECT PROPERTY IS NOT APART OF A HOA CJ All items listed in checklist on PreApplication Conference Summary November 2017 City of Aspen 1130 S. Galena St. 1(970) 920 5090 • Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Name: Becky Ward -4-s,L J, �,� Owner ("I"): Email: Becky.Ward@Aspeninst.org Phone No.: 970.544.7925 Address of 845 Meadows Dr t,3 17 .0 � Property: Aspen, CO (subject of application) I certify as follows: (pick one) ❑x This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. It A Owner signature: � ��- �Ax"�) VJ 6 date: "R-{f— R �W ftJ Owner printed name: or, Attorney signature: Attorney printed name: date: 10 DEVELOPMENT REVIEW PROCEDURE 1. Attend pre -application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre -application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff's memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 M C] THE ASP#INSTITUTE 1000 North Third Street Aspen, CO 81611 ph 970.925.7010 fx 970.925.4188 Nww.aspeninstitutc.org March 6, 2019 City of Aspen Planning and Zoning 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RF: Walter Isaacson Center, 845 Meadows Road '1'o whom it may concern: 1 am the representative for The Aspen Institute, the property owner for 845 Meadows Road, Aspen Colorado. 1 have reviewed the drawings prepared by Mountain Wireless which reflect the AT&T equipment installation on the rooftop of the Walter Isaacson Center. I approve AT&T and its agent, Mountain Wireless, to proceed with all applications and submittals to the City of Aspen for review and permitting of the installation. Mountain Wireless Stephen Lester or Adam Dailey 927 Salida Way, Aurora CO 80011 303.589.8899 or 720.255.6089 Sincerely, �,45,,Aj k�&� Becky Ward Facilities Director 12 City of Aspen —4 7 + - lyla roon C reek Goo Course ' r Aspen Golf Course and Nordic Censer 4sren I i Itute f c IS - r au�tain D , HOrife. Greek T � ` f It' T .o1"Oil r� 11' Fir Fh< Jf lspen Ir w IN drool a�h.sf AM Aspen - i 1 er. o� r � 1 eta � � •'� / r 3/17/2018. 12:31:20 PM Urban Growth Boundary (UGB) Federal Land Pitkin County BLM City of Aspen Boundary USFS f 1:36.112 0 0.3 0.6 1.2 mi t 0 0.35 0.7 1.4 km Sources Esn HERE Garmin Intermap increment P Corp GEBCO USGS FAO. NPS. NRCAN GeoBase. IGtJ KadasteF NIL Ordnance Survey. Esn Countvof Pltldn & Cttv of Asven. Bureau of Land Management. Esn. HERE. Garin. INCREMENT P. USGS. KETI,NASA EPA USDA Pitkin County i City of Asoen g S i CirvofAsoenGIS ' I' ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: ABS62009859 Property Address: MEADOWS RD. ASPEN. CO 81611 1. Effective Date: 11 /13/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: THE ASPEN INSTITUTE INC.. A COLORADO NON-PROFIT CORPORATION 5. The Land referred to in this Commitment is described as follows: $0.00 LOT 1A. THE ASPEN MEADOWS SUBDIVISION. ACCORDING TO THE ASPEN MEADOWS SUBDIVISION FINAL S.P.A. DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT RECORDED JANUARY 24. 1992 IN PLAT BOOK 28 AT PAGE 5 AND LOTS 1A AND 1 B. FIRST AMENDMENT TO THE ASPEN MEADOWS PLAT RECORDED DECEMBER 17, 1992 AT RECEPTION NO. 351951 IN PLAT BOOK 30 AT PAGE 17 AND AMENDMENT RECORDED APRIL 18. 2005 IN PLAT BOOK 72 AT PAGE 6R AND AMENDMENT RECORDED APRIL 11. 2006 IN PLAT BOOK 78 AT PAGE 3�. COUNTY OF PITKIN, STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All rights reserved. 9 AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing ASSOCIATION as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. iu ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62009859 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62009859 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8. EXISTING LEASES AND TENANCIES 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 07. 1888. IN BOOK 55 AT PAGE 2. JANUARY 8. 1890 IN BOOK 55 AT PAGE 6, MAY 3. 1892 IN BOOK 55 AT PAGE 24 AND MARCH 28. 1890 IN BOOK 55 AT PAGE 477. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 03. 1892. IN BOOK 55 AT PAGE 24. 11. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED DECEMBER 23. 1965 IN BOOK 217 AT PAGE 550 AND REAFFIRMATION RECORDED DECEMBER 29. 1981 IN BOOK 419 AT PAGE 14G. CANCELLATION AND RELEASE RECORDED APRIL 3. 1989 IN BOOK 483 AT PAGE 959. 12. TERMS. CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 17. 1970 IN BOOK 249 AT PAGE 1's. 13. TERMS. CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED APRIL 24. 1972 IN BOOK 262 AT PAGE 916. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62009859 14. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 01, 1982 IN BOOK 432 AT PAGE 1,, 3. 15. TERMS. CONDITIONS AND PROVISIONS OF RIGHT OF WAY EASEMENT RECORDED AUGUST 14. 1989 IN BOOK 599 AT PAGE 380, SEPTEMBER 26.1994 IN BOOK 762 AT PAGE 348. 16. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION AGREEMENT RECORDED JANUARY 24, 1992 IN BOOK 667 AT PAGE 731 AND AMENDMENT RECORDED APRIL 18, 2005 AS RECEPTION NO. 509066 AND AMENDMENT RECORDED JANUARY 5. 2010 AS RECEPTION NO. 565856. 17. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JANUARY 24. 1992 IN BOOK 667 AT PAGE 814 AND RECORDED JANUARY 24. 1992 IN BOOK 667 AT PAGE 820. 18. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT RECORDED JANUARY 24. 1992 IN BOOK 667 AT PAGE 828 AND AMENDMENT AGREEMENT RECORDED OCTOBER 29. 2003 AS RECEPTION NO. 490408. 19. TERMS, CONDITIONS AND PROVISIONS OF SHARED FACILITY AGREEMENT RECORDED JANUARY 24, 1992 IN BOOK 667 AT PAGE 853. 20. TERMS. CONDITIONS AND PROVISIONS OF TRENCH CONDUIT AND VAULT AGREEMENT RECORDED JULY 30. 1992 IN BOOK 684 AT PAGE 887. 21. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 14 RECORDED SEPTEMBER 30.1994 IN BOOK 762 AT PAGE 811. 22. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT RECORDED SEPTEMBER 26. 1994 AT RECEPTION NO. 374571. 23. TERMS. CONDITIONS AND PROVISIONS OF EASEMENT DEED RECORDED SEPTEMBER 26.1994 AT RECEPTION NO. 374572. 24. TERMS. CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED SEPTEMBER 26.1994 AT RECEPTION NO. 374573 AND RECORDED SEPTEMBER 26.1994 AT RECEPTION NO. 374574. 25. TERMS. CONDITIONS AND PROVISIONS OF VACATION OF EASEMENT RECORDED SEPTEMBER 22. 1998 AT RECEPTION NO. 422232. 26. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION# 00-07 RECORDED MARCH 02. 2000 AT RECEPTION NO. 441031. 27. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION# 20 RECORDED AUGUST 12. 2004 AT RECEPTION NO. 500714. 28. TERMS. CONDITIONS AND PROVISIONS OF SUBDIVISION AGREEMENT RECORDED APRIL 18. 2005 AT RECEPTION NO. 509066. 29. TERMS. CONDITIONS AND PROVISIONS OF EXISTING CONDITIONS MAP RECORDED APRIL 13. 2005 AT RECEPTION NO. 509W7. 30. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE# 45. SERIES OF 2004 RECORDED JANUARY 21. 2005 AT RECEPTION NO. 506235. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62009859 31. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE# 46. SERIES OF 2005 RECORDED APRIL 11. 2006 AT RECEPTION NO. 522844. 32. TERMS. CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRICAL SERVICE RECORDED APRIL 11. 2006 AT RECEPTION NO. 522849 AND RECORDED AUGUST 17. 2007 AS RECEPTION NO. 541175. 33. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY RECORDED APRIL 11. 2006 AT RECEPTION NO. 522850. 34. TERMS, CONDITIONS AND PROVISIONS OF TRENCH. CONDUIT AND VAULT AGREEMENT RECORDED APRIL 11. 2006 AT RECEPTION NO. 522851. 35. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION#4. SERIES 2006 RECORDED MAY 19. 2006 AT RECEPTION NO. 524234. 36. EASEMENTS. RIGHTS OF WAY AND ALL OTHER MATTERS AS DISCLOSED ON THE ASPEN MEADOWS FINAL S.P.A DEVELOPMENT PLAN AND FINAL SUBDIVISION PLAT RECORDED JANUARY 24. 1992 IN PLAT BOOK 28 AT PAGE 5 AND LOTS 1A AND 1 B. FIRST AMENDMENT TO THE ASPEN MEADOWS PLAT RECORDED DECEMBER 17. 1992 IN PLAT BOOK 30 AT PAGE 17 AND SECOND AMENDMENT RECORDED AUGUST 31. 1995 IN PLAT BOOK 38 AT PAGE 13 AND AMENDMENT RECORDED APRIL 18. 2005 IN PLAT BOOK 72 AT PAGE 6� AND AMENDMENT RECORDED APRIL 11. 2006 IN PLAT BOOK 78 AT PAGE 35 AND AMENDMENT RECORDED FEBRUARY 25. 2010 AT RECEPTION NO. 567222 AND AMENDMENT RECORDED MARCH 9. 2017 AT RECEPTION NO. 636W2. 37. TERMS. CONDITIONS. AND PROVISIONS CONTAINED IN STORMWATER BEST MANAGEMENT PRACTICES OPERATING AND MAINTENANCE AGREEMENT RECORDED FEBRUARY 08. 2016. UNDER RECEPTION NO.626904. 38. TERMS. CONDITIONS. AND PROVISIONS CONTAINED IN FINDINGS AND ORDER CONCERNING THE INCLUSION OF LANDS IN THE BASALT WATER CONSERVANCY DISTRICT RECORDED APRIL 25. 2016. UNDER RECEPTION NO. 628817. 39. TERMS. CONDITIONS. AND PROVISIONS CONTAINED IN RESOLUTION NO. 14 (SERIES OF 2016) RECORDED MAY 26. 2016. UNDER RECEPTION NO. 629579. 40. TERMS. CONDITIONS AND PROVISIONS OF DEED OF CONSERVATION EASEMENT RECORDED JULY 15. 2016 AT RECEPTION NO. 630707. 41. TERMS. CONDITIONS AND PROVISIONS OF RESOLUTION NO 30. SERIES OF 2016 RECORDED OCTOBER 19, 2016 AT RECEPTION NO. 633129. 42. TERMS. CONDITIONS. PROVISIONS. BURDENS AND OBLIGATIONS AS SET FORTH IN AMENDMENT SUBDIVISION AGREEMENT RECORDED MARCH 19. 2017 UNDER RECEPTION NO. 636681. 43. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE NO. 1 SERIES 2018 RECORDED MARCH 13. 2018 AT RECEPTION NO. 64580?. 44. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED MAY 14. 2018 AT RECEPTION NO. 647337. T7Itle Q A$t.%W CE CVAPMV LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice Is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, Lanaw LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 6WRAWEV WMPMY LAND TITLE INSURANCE CORPORATION AND -S„mv`96'- OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ('Personal Information"). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * * * Commitment For Title Insurance ICA* * Issued by Old Republic National Title Insurance Corporation * NOTICE * * IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE * * POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part 1—Requirements; Schedule B, Part IF —Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part F—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge" or "Known": Actual or Imputed knowledge, but not constructive notice imparted by the Public Records. (b)"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)"Mortgage": A mortgage, deed of trust, or other security Instrument, Including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person Identified in Schedule A as the Proposed Insured of each Policy to be Issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title": The estate or Interest described in Schedule A. If all of the Schedule B, Part Requirements have not been met within the time period specified in the Commitment to Issue Policy, Comltment terminates and the Company's liability and obligation end. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part Requirements; and (0 Schedule B, Part II —Exceptions; and (g)a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the Interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: I. comply with the Schedule B, Part F—Requirements; II. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or III, acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) If the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 R the Proposed Insured would not have Incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described In Commitment Conditions 5(a)(1) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, If any. (f) In no event shall the Company be obligated to Issue the Policy referred to In this Commitment unless all of the Schedule B, Part 1—Requirements have been met to the satisfaction of the Company. (g)ln any event, the Company's liability is limited by the terms and provisions of the Policy. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based In contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is Issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part I1--Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is Issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The Issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at httpJAvww.afta.org/arb4tration. IN WITNESS WHEREOF, Land Tide Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown In Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 President :.J 0. .� dodo �•N'�a; Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 61 f ;� Mark Bilbrey, President _J6__ Rande Yeager, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. N 0 0 RESPONSES TO WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT REVIEW 26.575.130 WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT 26.575.130.A. 1. PRESERVE THE CHARACTER AND AESTHETICS OF AREAS WHICH ARE INCLOSE PROXIMITY TO WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT BY MINIMIZING THE VISUAL, AESTHETIC AND SAFETY IMPACTS OF SUCH FACILITIES THROUGH CAREFUL DESIGN, SITING AND SCREENING; PLACEMENT, CONSTRUCTION OR MODIFICATION OF SUCH FACILITIES RESPONSE: PROPOSED EQUIPMENT IS TO BE PLACED BEHIND THE BUILDING'S EXISTING EQUIPMENT SCREEN WALLS, AND NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A "GAP"IN THE CURRENT SCREENING IS TO BE FINISHED AND PAINTED TO MATCH THE BUILDING'S EXISTING SCREEN WALLS. 2. PROTECT THE HEALTH, SAFETY AND WELFARE OF PERSONS LIVING OR WORKING IN THE AREA SURROUNDING SUCH WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT FROM POSSIBLE ADVERSE ENVIRONMENTAL EFFECTS (WITHIN THE CONFINES OF THE FEDERAL TELECOMMUNICATIONS ACT OF 1996) RELATED TO THE PLACEMENT, CONSTRUCTION OR MODIFICATION OF SUCH FACILITIES; RESPONSE: PROPOSED EQUIPMENT & WARNING SIGNS ARE TO BE PLACED WITHIN CHAIN BARRIERS FOR RF EXPOSURE SAFETY. , 3. PROVIDE DEVELOPMENT WHICH IS COMPATIBLE IN APPEARANCE WITH ALLOWED USES OF THE UNDERLYING ZONE; RESPONSE: PROPOSED EQUIPMENT IS TO BE PLACED BEHIND THE BUILDING'S EXISTING EQUIPMENT SCREEN WALLS, AND NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A `GAP"IN THE CURRENT SCREENING IS TO BE FINISHED AND PAINTED TO MATCH THE BUILDING'S EXISTING SCREEN WALLS. 4. FACILITATE THE CITY'S PERMITTING PROCESS TO ENCOURAGE FAIR AND MEANINGFUL COMPETITION AND, TO THE GREATEST EXTENT POSSIBLE, EXTEND TO ALL PEOPLE IN ALL AREAS OF THE CITY HIGH QUALITY WIRELESS TELECOMMUNICATION SERVICES AT REASONABLE COSTS TO PROMOTE THE PUBLIC WELFARE; RESPONSE: THE INTENT FOR THIS SITE IS TO FILL IN GAP WITHIN THE CURRENT COVERAGE FOOTPRINT PROVIDED BYAT&T WIRELESS AND WILL ENHANCE THE COVERAGE SERVING THE ASPEN POPULATION. 5. ENCOURAGE THE JOINT USE AND CLUSTERING OF ANTENNA SITES AND STRUCTURES, WHEN PRACTICAL, TO HELP REDUCE THE NUMBER OF SUCH FACILITIES WHICH MAY BE REQUIRED IN THE FUTURE TO SERVICE THE NEEDS OF CUSTOMERS AND THUS AVERT UNNECESSARY PROLIFERATION OF FACILITIES ON PRIVATE AND PUBLIC PROPERTY. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ONA FACILITY WITH EXISTING AT&T WIRELESS EQUIPMENT. 24 26.575.130.C. GENERAL. PURSUANT TO SECTION 26.304.020, THE APPLICANT SHALL CONDUCT A PRE -APPLICATION CONFERENCE WITH STAFF OF THE COMMUNITY DEVELOPMENT DEPARTMENT. THE PLANNER SHALL THEN PREPARE A PRE -APPLICATION SUMMARY DESCRIBING THE SUBMISSION REQUIREMENTS AND ANY OTHER PERTINENT LAND USE MATERIAL, THE FEES ASSOCIATED WITH THE REVIEWS AND THE REVIEW PROCESS IN GENERAL. RESPONSE: THE PRE APPLICATION CONFERENCE TOOK PLACE ON NOVEMBER 6, 2018. 2. ADMINISTRATIVE REVIEW. AFTER THE PRE -APPLICATION SUMMARY IS RECEIVED BY THE APPLICANT, SAID APPLICANT SHALL PREPARE AN APPLICATION FOR REVIEW AND APPROVAL BY STAFF AND THE COMMUNITY DEVELOPMENT DIRECTOR, RESPECTIVELY. IN ORDER TO PROCEED WITH ADDITIONAL LAND USE REVIEWS OR OBTAIN A DEVELOPMENT ORDER, THE COMMUNITY DEVELOPMENT DIRECTOR SHALL FIND THE SUBMITTED DEVELOPMENT APPLICATION CONSISTENT WITH THE PROVISIONS, REQUIREMENTS AND STANDARDS OF THIS CHAPTER. RESPONSE: AGREED AND UNDERSTOOD. 3. APPEAL OF DIRECTOR'S DETERMINATION. THE COMMUNITY DEVELOPMENT DIRECTOR MAY APPLY REASONABLE CONDITIONS TO THE APPROVAL AS DEEMED NECESSARY TO ENSURE CONFORMANCE WITH APPLICABLE REVIEW CRITERIA IN SUBSECTION 26.575.130.F. IF THE COMMUNITY DEVELOPMENT DIRECTOR DETERMINES THAT THE PROPOSED WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT DO NOT COMPLY WITH THE REVIEW CRITERIA AND DENIES THE APPLICATION OR THE APPLICANT DOES NOT AGREE TO THE CONDITIONS OF APPROVAL DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR, THE APPLICANT MAY APPLY FOR SPECIAL REVIEW (CHAPTER 26.430) BY THE PLANNING AND ZONING COMMISSION OR, IF APPLICABLE, BY THE HISTORIC PRESERVATION COMMISSION, AND SUCH APPLICATION MUST BE MADE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DAY ON WHICH THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION IS RENDERED. ALL APPEALS SHALL REQUIRE PUBLIC HEARINGS AND SHALL BE NOTICED BY THE APPLICANT IN ACCORDANCE WITH PARAGRAPHS 26.304.060.E.3.A, B AND C OF THIS CODE. RESPONSE: AGREED AND UNDERSTOOD. 4. HISTORIC PRESERVATION COMMISSION REVIEW. PROPOSALS FOR THE LOCATION OF WIRELESS TELECOMMUNICATION SERVICES FACILITIES OR EQUIPMENT ON ANY HISTORIC SITE OR STRUCTURE OR WITHIN ANY HISTORIC DISTRICT, SHALL BE REVIEWED BY THE HISTORIC PRESERVATION COMMISSION (HPC). REVIEW OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND/OR EQUIPMENT BY THE HPC SHALL REPLACE THE NEED FOR REVIEW BY THE COMMUNITY DEVELOPMENT DIRECTOR. LIKEWISE, IF THE HISTORIC PRESERVATION COMMISSION DETERMINES THAT THE PROPOSED WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT DO NOT COMPLY WITH THE REVIEW CRITERIA AND DENIES THE APPLICATION OR THE APPLICANT DOES NOT AGREE TO THE CONDITIONS OF APPROVAL DETERMINED BY THE HISTORIC PRESERVATION COMMISSION, THE APPLICANT MAY APPEAL THE DECISION TO THE CITY COUNCIL, AND SUCH APPEAL MUST BE FILED WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DAY ON WHICH THE HISTORIC PRESERVATION COMMISSION'S DECISION IS RENDERED. ALL APPEALS SHALL REQUIRE PUBLIC HEARINGS AND SHALL BE NOTICED BY THE APPLICANT IN ACCORDANCE WITH PARAGRAPHS 26.304.060.E.3.A, B AND C OF THIS CODE. RESPONSE: AGREED AND UNDERSTOOD. 25 9 0 5. BUILDING PERMIT. A BUILDING PERMIT APPLICATION CANNOT BE FILED UNLESS AND UNTIL FINAL LAND USE APPROVAL HAS BEEN GRANTED AND A DEVELOPMENT ORDER HAS BEEN ISSUED. WHEN APPLYING FOR BUILDING PERMITS, THE APPLICANT SHALL SUBMIT A SIGNED LETTER ACKNOWLEDGING RECEIPT OF THE DECISION GRANTING LAND USE APPROVAL AND HIS/HER AGREEMENT WITH ALL CONDITIONS OF APPROVAL, AS WELL AS A COPY OF THE SIGNED DOCUMENT GRANTING THE LAND USE APPROVAL FOR THE SUBJECT BUILDING PERMIT APPLICATION. RESPONSE: AGREED AND UNDERSTOOD. 6. SPECIAL REVIEW. AN APPLICATION REQUESTING A VARIANCE FROM THE REVIEW STANDARDS FOR HEIGHT OF WIRELESS TELECOMMUNICATIONS SERVICE FACILITIES AND/OR EQUIPMENT OR AN APPEAL OF A DETERMINATION MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR, SHALL BE PROCESSED AS A SPECIAL REVIEW IN ACCORDANCE WITH THE COMMON DEVELOPMENT REVIEW PROCEDURES SET FORTH IN CHAPTER 26.304. THE SPECIAL REVIEW SHALL BE CONSIDERED AT A PUBLIC HEARING FOR WHICH NOTICE HAS BEEN POSTED AND MAILED, PURSUANT TO PARAGRAPHS 26.304.060.E.3.13 AND C. REVIEW IS BY THE PLANNING AND ZONING COMMISSION. IF THE PROPERTY IS LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR WITHIN A HISTORIC OVERLAY DISTRICT AND THE APPLICATION HAS BEEN AUTHORIZED FOR CONSOLIDATION PURSUANT TO CHAPTER 26.304, THE HISTORIC PRESERVATION COMMISSION SHALL CONSIDER THE SPECIAL REVIEW. SUCH SPECIAL REVIEW MAY BE APPROVED, APPROVED WITH CONDITIONS OR DENIED BASED ON CONFORMANCE WITH THE FOLLOWING CRITERIA: A) CONFORMANCE WITH THE APPLICABLE REVIEW STANDARDS OF SUBSECTION 26.575.130.F. B) IF THE FACILITY OR EQUIPMENT IS LOCATED ON PROPERTY LISTED ON THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR WITHIN ANY HISTORIC DISTRICT, THEN THE APPLICABLE STANDARDS OF CHAPTER 26.415 (DEVELOPMENT INVOLVING THE ASPEN INVENTORY OF HISTORIC LANDMARK SITES AND STRUCTURES OR DEVELOPMENT IN AN "H," HISTORIC OVERLAY DISTRICT) SHALL APPLY. RESPONSE: AGREED AND UNDERSTOOD. 26.575.130.D. SITE PLAN OR PLANS DRAWN TO A SCALE OF ONE (1) INCH EQUALS TEN (10) FEET OR ONE (1) INCH EQUALS TWENTY (20) FEET, INCLUDING "BEFORE AND AFTER" PHOTOGRAPHS (SIMULATIONS) SPECIFYING THE LOCATION OF ANTENNAS, SUPPORT STRUCTURES, TRANSMISSION BUILDINGS AND/OR OTHER ACCESSORY USES, ACCESS, PARKING, FENCES, SIGNS, LIGHTING, LANDSCAPED AREAS AND ALL ADJACENT LAND USES WITHIN ONE HUNDRED FIFTY (150) FEET. SUCH PLANS AND DRAWINGS SHOULD DEMONSTRATE COMPLIANCE WITH THE REVIEW STANDARDS OF THIS SECTION. RESPONSE: A COMPLETED SET OF ZONING DRAWINGS SUBMITTED AS A SEPARATE DOCUMENT, THAT INCLUDES THE OUTLINED CRITERIA ABOVE. 2. SITE IMPROVEMENT SURVEY INCLUDING TOPOGRAPHY AND VEGETATION SHOWING THE CURRENT STATUS, INCLUDING ALL EASEMENTS AND VACATED RIGHTS OF WAY, OF THE PARCEL CERTIFIED (WET INK SIGNED AND STAMPED AND DATED WITHIN THE PAST TWELVE (12) MONTHS) BY A REGISTERED LAND SURVEYOR, LICENSED IN THE STATE. RESPONSE: PROJECT IS NOT TAKING PLACE ON THE GROUND, THEREFORE A SITE IMPROVEMENT SURVEY ISN'T APPLICABLE. 26 3. LANDSCAPE PLAN DRAWN TO A SCALE OF ONE (1) INCH EQUALS TEN (10) FEET OR ONE (1) INCH EQUALS TWENTY (20) FEET, INCLUDING "BEFORE AND AFTER" PHOTOGRAPHS (SIMULATIONS) INDICATING SIZE, SPACING AND TYPE OF PLANTINGS AND INDICATING STEPS TO BE TAKEN TO PROVIDE SCREENING AS REQUIRED BY THE REVIEW STANDARDS OF THIS SECTION. THE LANDSCAPE PLANS SHALL ALSO INDICATE THE SIZE, LOCATION AND SPECIES OF ALL EXISTING VEGETATION AND WHETHER EACH OF THOSE INDICATED ARE PROPOSED FOR REMOVAL (INDICATE PROPOSED MITIGATION), RELOCATION (INDICATE FROM AND TO) OR PRESERVATION. THE PLANNER CAN DETERMINE IF A LANDSCAPE PLAN IS NECESSARY; FOR INSTANCE, WHEN AN ANTENNA IS TO BE ATTACHED TO A BUILDING, THIS REQUIREMENT MAY BE WAIVED. RESPONSE: PROJECT IS NOT TAKING PLACE ON THE GROUND, THEREFORE A LANDSCAPE PLAN ISN'T APPLICABLE. 4. ELEVATION DRAWINGS OR "BEFORE AND AFTER" PHOTOGRAPHS/DRAWINGS SIMULATING AND SPECIFYING THE LOCATION AND HEIGHT OF ANTENNAS, SUPPORT STRUCTURES, TRANSMISSION BUILDINGS AND/OR OTHER ACCESSORY USES, FENCES AND SIGNS. RESPONSE: A COMPLETED SET OF ZONING DRAWINGS SUBMITTED AS A SEPARATE DOCUMENT, THAT INCLUDES EXISTING AND NEW BUILDING ELEVATIONS OUTLINING THE PROPOSED EQUIPMENT. 5. LIGHTING PLAN AND PHOTOMETRIC STUDY INDICATING THE SIZE, HEIGHT, LOCATION AND WATTAGE OF ALL PROPOSED OUTDOOR LIGHTING SOURCES. THIS STUDY MUST ALSO INCLUDE A GRAPHIC INDICATING THE SPREAD AND DEGREE/INTENSITY OF LIGHT FROM EACH SOURCE/FIXTURE. THIS REQUIREMENT CAN BE WAIVED BY THE COMMUNITY DEVELOPMENT DIRECTOR IF LITTLE OR NO OUTDOOR LIGHTING IS PROPOSED. RESPONSE: PROJECT DOES NOT INCLUDE PROPOSED LIGHTING. 6. STRUCTURAL INTEGRITY REPORT FROM A PROFESSIONAL ENGINEER LICENSED IN THE STATE DOCUMENTING THE FOLLOWING: A) TOWER HEIGHT AND DESIGN, INCLUDING TECHNICAL, ENGINEERING, ECONOMIC AND OTHER PERTINENT FACTORS GOVERNING SELECTION OF THE PROPOSED DESIGN; B) TOTAL ANTICIPATED CAPACITY OF THE STRUCTURE, INCLUDING NUMBER AND TYPES OF ANTENNAS WHICH CAN BE ACCOMMODATED; C) FAILURE CHARACTERISTICS OF THE TOWER AND DEMONSTRATION THAT SITE AND SETBACKS ARE OF ADEQUATE SIZE TO CONTAIN DEBRIS IN THE EVENT OF FAILURE; AND D) SPECIFIC DESIGN AND RECONSTRUCTION PLANS TO ALLOW SHARED USE. THIS SUBMISSION IS REQUIRED ONLY IN THE EVENT THAT THE APPLICANT INTENDS TO SHARE USE OF THE FACILITY BY SUBSEQUENT REINFORCEMENT AND RECONSTRUCTION OF THE FACILITY. RESPONSE: PROPOSED PROJECT IS NOT ON A NEW/EXISTING TOWER. THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. STRUCTURAL ENGINEER HAS BEEN CONTACTED, BUT PENDING ZONING APPROVAL PRIOR TO COMMENCING A STRUCTURAL INTEGRITY REPORT. 7. FAA AND FCC COORDINATION. STATEMENTS REGARDING THE REGULATIONS OF THE FEDERAL AVIATION ADMINISTRATION (FAA) AND THE FEDERAL COMMUNICATIONS COMMISSION (FCC), RESPECTIVELY, THAT: 27 1 A) (REQUIRED ONLY IF THE FACILITY IS NEAR AN AIRFIELD) THE APPLICATION HAS NOT BEEN FOUND TO BE A HAZARD TO AIR NAVIGATION UNDER PART 77, FEDERAL AVIATION, FEDERAL AVIATION REGULATIONS OR A STATEMENT THAT NO COMPLIANCE WITH PART 77 IS REQUIRED AND THE REASONS THEREFOR. A LETTER FROM THE SARDY FIELD AIRPORT ADMINISTRATOR WILL ALSO BE REQUIRED IF THE COMMUNITY DEVELOPMENT DIRECTOR DETERMINES THAT THE PROPOSED FACILITY MAY IMPACT AIRPORT OPERATIONS; B) (REQUIRED OF ALL WIRELESS TELECOMMUNICATION SERVICES FACILITY OR EQUIPMENT APPLICANTS) THE APPLICATION COMPLIES WITH THE REGULATIONS OF THE FEDERAL COMMUNICATIONS COMMISSION WITH REGARD TO MAXIMUM RADIO FREQUENCY AND ELECTROMAGNETIC FREQUENCY EMISSIONS OR A STATEMENT FROM THE APPLICANT THAT NO SUCH COMPLIANCE IS NECESSARY AND THE REASONS THEREFORE. RESPONSE: PROPOSED PROJECT IS NOT NEAR AN AIRFIELD, AND THE PROPOSED EQUIPMENT IS NOT BEING PLACED ON THE HIGHEST POINT OF THE EXISTING BUILDING. AT&T WIRELESS HAS CONDUCTED A RF STUDY THAT INCLUDES THE ABOVE CRITERIA OUTLINED IN ITEM B. 8. EVIDENCE THAT AN EFFORT WAS MADE TO LOCATE ON AN EXISTING WIRELESS TELECOMMUNICATION SERVICES FACILITY SITE INCLUDING COVERAGE/ INTERFERENCE ANALYSIS AND CAPACITY ANALYSIS AND A BRIEF STATEMENT AS TO OTHER REASONS FOR SUCCESS OR NO SUCCESS. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ONAN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. AT&T WIRELESS HAS CONDUCTED A STUDY THAT CONCLUDES NO RF IMPACT ON EXISTING TRANSMITTED FREQUENCIES WITHIN THE SURROUNDING AREA. 9. WRITTEN DOCUMENTATION IN THE FORM OF A SIGNED AFFIDAVIT DEMONSTRATING A GOOD FAITH EFFORT IN LOCATING FACILITIES IN ACCORDANCE WITH SITE SELECTION ORDER OF PREFERENCE OUTLINE BELOW. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. 10. ALL COMPANIES AND PROVIDERS OF WIRELESS TELECOMMUNICATION SERVICE FACILITIES AND EQUIPMENT WITHIN THE CITY SHALL, DURING THEIR PREAPPLICATION CONFERENCE FOR A NEW FACILITY, BE PREPARED TO VERBALLY OUTLINE, TO THE BEST OF CURRENT KNOWLEDGE, A MASTER OR LONG-TERM PLAN FOR ALL PROPOSED SITES WITHIN A THREE-MILE RADIUS OF THE CITY. IN PARTICULAR, COMPANIES AND PROVIDERS SHOULD BE PREPARED TO DISCUSS THEIR NEED FOR THE PROPOSED SITE AND HOW IT FITS INTO THEIR EXISTING AND PROPOSED COVERAGE GRIDS. RESPONSE: THE INTENT FOR THIS SITE IS TO FILL IN A GAP WITHIN THE CURRENT COVERAGE FOOTPRINT PROVIDED BYAT&T WIRELESS AND WILL ENHANCE THE COVERAGE SERVING THE ASPEN POPULATION. 26.575.130.E. 1. PROHIBITIONS. LATTICE TOWERS (A STRUCTURE, WITH THREE OR FOUR STEEL SUPPORT LEGS, USED TO SUPPORT A VARIETY OF ANTENNAE; THESE TOWERS GENERALLY RANGE IN HEIGHT FROM SIXTY (60) TO TWO HUNDRED (200) FEET AND ARE CONSTRUCTED IN AREAS WHERE GREAT HEIGHT IS NEEDED, MICROWAVE ANTENNAS ARE REQUIRED OR WHERE THE WEATHER DEMANDS A MORE STRUCTURALLY SOUND DESIGN) ARE PROHIBITED WITHIN THE CITY. 28 0 • TOWERS (SUPPORT STRUCTURES) SHALL BE PROHIBITED IN THE FOLLOWING ZONE DISTRICTS: MEDIUM - DENSITY RESIDENTIAL (R-6); MODERATE-DENsITY RESIDENTIAL (R-15, R-15A, R-1513); Low -DENSITY RESIDENTIAL (R-30); RESIDENTIAL MULTI -FAMILY (RMF, RMFA); AND AFFORDABLE HOUSING/PLANNED UNIT DEVELOPMENT (AH-1/PUD). ALL WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT NOT PROHIBITED BY THE PRECEDING STATEMENTS SHALL BE ALLOWED IN ALL OTHER ZONE DISTRICTS SUBJECT TO REVIEW AND APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR PURSUANT TO THE PROVISIONS, REQUIREMENTS AND STANDARDS OF THIS CHAPTER, INCLUDING CONSISTENCY WITH THE DIMENSIONAL REQUIREMENTS OF THE UNDERLYING ZONE DISTRICT. RESPONSE: PROPOSED PROJECT IS NOT ONA NEWAXISTING TOWER. THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. ZONING DISTRICT.A (ACADEMIC) CLASS: LODGE/REC 2. SITE SELECTION. WIRELESS COMMUNICATION FACILITIES SHALL BE LOCATED IN THE FOLLOWING ORDER OF PREFERENCE: FIRST: ON EXISTING STRUCTURES SUCH AS BUILDINGS, COMMUNICATION TOWERS, FLAGPOLES, CHURCH STEEPLES, CUPOLAS, BALL FIELD LIGHTS, NONORNAMENTAL/ANTIQUE STREET LIGHTS SUCH AS HIGHWAY LIGHTING, ETC. SECOND: IN LOCATIONS WHERE THE EXISTING TOPOGRAPHY, VEGETATION, BUILDINGS OR OTHER STRUCTURES PROVIDE THE GREATEST AMOUNT OF SCREENING. LEAST: ON VACANT GROUND OR HIGHLY VISIBLE SITES WITHOUT SIGNIFICANT VISUAL MITIGATION AND WHERE SCREENINGIBUFFERING IS DIFFICULT AT BEST. RESPONSE: THE PROPOSED EQUIPMENT IS BEING Co -LOCATED ONAN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. 3. INTERFERENCE. SEE SECTION 15.04.470, RADIO INTERFERENCE PROHIBITED, OF THIS CODE RESPONSE: AT&T WIRELESS HAS CONDUCTED A STUDY THAT CONCLUDES NO RF IMPACT ON EXISTING TRANSMITTED FREQUENCIES WITHIN THE SURROUNDING AREA. 4. AIRPORTS AND FLIGHT PATHS. WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT SHALL NOT PRESENT A HAZARD TO AIR NAVIGATION UNDER PART 77, FEDERAL AVIATION, FEDERAL AVIATION REGULATIONS. RESPONSE: PROPOSED PROJECT IS NOT NEAR ANAIRFIELD, AND THE PROPOSED EQUIPMENT IS NOT BEING PLACED ON THE HIGHEST POINT OF THE EXISTING BUILDING. 5. HISTORIC SITES AND STRUCTURES. IN ADDITION TO THE APPLICABLE STANDARDS OF CHAPTER 26.415, ALL OF THE FOREGOING AND FOLLOWING PROVISIONS AND STANDARDS OF THIS CHAPTER SHALL APPLY WHEN WIRELESS TELECOMMUNICATION SERVICES, FACILITIES AND EQUIPMENT ARE PROPOSED ON ANY HISTORIC SITE OR STRUCTURE OR WITHIN ANY HISTORIC DISTRICT. RESPONSE: AGREEDAND UNDERSTOOD. 29 t 6. PUBLIC BUILDINGS, STRUCTURES AND RIGHTS -OF -WAY. LEASING OF PUBLIC BUILDINGS, PUBLICLY OWNED STRUCTURES AND/OR PUBLIC RIGHTS -OF -WAY FOR THE PURPOSES OF LOCATING WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND/OR EQUIPMENT IS ENCOURAGED. IN CASES WHERE A FACILITY IS PROPOSED ON CITY PROPERTY, SPECIFIC LOCATIONS AND COMPENSATION TO THE CITY SHALL BE NEGOTIATED IN LEASE AGREEMENTS BETWEEN THE CITY AND THE PROVIDER ON A CASE -BY -CASE BASIS AND WOULD BE SUBJECT TO ALL OF THE REVIEW CRITERIA CONTAINED IN THIS SECTION. SUCH AGREEMENTS WOULD NOT PROVIDE EXCLUSIVE ARRANGEMENTS THAT COULD TIE UP ACCESS TO THE NEGOTIATED SITES OR LIMIT COMPETITION AND MUST ALLOW FOR THE POSSIBILITY OF "CO -LOCATING" (SHARING OF FACILITIES) WITH OTHER PROVIDERS AS DESCRIBED IN SUBSECTION E.7, BELOW. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. 7. CO -LOCATION. CO -LOCATION OR SHARING, OF FACILITIES WITH OTHER PROVIDERS IS ENCOURAGED. CO - LOCATION CAN BE ACHIEVED AS EITHER BUILDING -MOUNTED, ROOF -MOUNTED OR GROUND -MOUNTED FACILITIES. IN DESIGNING POLES, APPLICANTS ARE STRONGLY ENCOURAGED TO CONSIDER THE POSSIBILITY OF PRESENT OR FUTURE CO -LOCATION OF OTHER WIRELESS COMMUNICATION EQUIPMENT BY STRUCTURALLY OVERBUILDING IN ORDER TO HANDLE THE LOADING CAPACITY OF ADDITIONAL ANTENNAS, FOR THE USE OF THE COMPANY AND FOR OTHER COMPANIES TO USE AS WELL. APPLICANTS SHALL USE GOOD FAITH EFFORTS TO NEGOTIATE LEASE RIGHTS TO OTHER TELECOMMUNICATIONS USERS WHO DESIRE TO USE THE MONOPOLE. CO - LOCATION ON AN EXISTING SUPPORT STRUCTURE (TOWER) SHALL BE PERMITTED AS AN ACCESSORY USE. A MAXIMUM OF TWO (2), TWENTY-FOUR (24) INCH DIAMETER DISH ANTENNAS ARE PERMITTED PER MONOPOLE. PROJECTIONS OF ANY TYPE ON THE MONOPOLE, WHICH ARE NOT ANTENNAS, ARE STRONGLY DISCOURAGED. MULTIPLE USE FACILITIES ARE ENCOURAGED AS WELL. WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT MAY BE INTEGRATED INTO EXISTING OR NEWLY DEVELOPED FACILITIES THAT ARE FUNCTIONAL FOR OTHER PURPOSES, SUCH AS BALL FIELD LIGHTS, FLAGPOLES, CHURCH STEEPLES, HIGHWAY LIGHTING, ETC. ALL MULTIPLE USE FACILITIES SHALL BE DESIGNED TO MAKE THE APPEARANCE OF THE ANTENNAE RELATIVELY INCONSPICUOUS. THE CO -LOCATION REQUIREMENT MAY BE WANED BY THE COMMUNITY DEVELOPMENT DIRECTOR UPON A SHOWING THAT EITHER FEDERAL OR STATE REGULATIONS PROHIBIT THE USE, THE PROPOSED USE WILL INTERFERE WITH THE CURRENT USE, THE PROPOSED USE WILL INTERFERE WITH SURROUNDING PROPERTY OR USES, THE PROPOSED USER WILL NOT AGREE TO REASONABLE TERMS OR SUCH CO -LOCATION IS NOT IN THE BEST INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE. TIME NEEDED TO REVIEW A CO -LOCATION REQUEST SHALL NOT GREATLY EXCEED THAT FOR A SINGLE APPLICANT. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. 8. MAINTENANCE. ALL TOWERS, ANTENNAS, RELATED FACILITIES AND EQUIPMENT AND SUBJECT SITES SHALL BE MAINTAINED IN A SAFE AND CLEAN MANNER IN ACCORDANCE WITH PROJECT APPROVALS AND BUILDING CODES. THE OPERATOR/PROPERTY OWNER SHALL BE RESPONSIBLE FOR MAINTAINING FREE FROM GRAFFITI, DEBRIS AND LITTER, THOSE AREAS OF THE SITE WHICH ARE ADJACENT TO THE PREMISES OVER WHICH HE OR SHE HAS CONTROL. THE APPLICANT SHALL BE RESPONSIBLE FOR REASONABLE UPKEEP OF THE FACILITY AND SUBJECT PROPERTY. ALL TOWERS, ANTENNAS AND RELATED FACILITIES SHALL BE SUBJECT TO PERIODIC INSPECTION TO ENSURE CONTINUING COMPLIANCE WITH ALL CONDITIONS OF APPROVAL AND REQUIREMENTS OF THIS SECTION. RESPONSE: PROPOSED PROJECT IS NOT ON A NEW/EXISTING TOWER. THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ONAN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT, LOCATED ON THE ROOFTOP. AT&T EQUIPMENT TO BE MAINTAINED BYAN AT&T REPRESENTATIVE WITH PROPERTY OWNER APPROVAL. 30 '4 it • 0 9. ABANDONMENT AND REMOVAL. ALL REQUIRED APPROVALS WILL BE IN EFFECT ONLY SO LONG AS THE ANTENNAS AND OTHER STRUCTURES ARE OPERATED AT THE SITE. FACILITIES THAT ARE NOT IN USE FOR NINETY (90) CONSECUTIVE DAYS FOR CELLULAR COMMUNICATION PURPOSES SHALL BE CONSIDERED ABANDONED AND SHALL BE REMOVED BY THE FACILITY OWNER. THE SITE SHALL BE RESTORED TO THE CONDITION IT WAS IN PRIOR TO THE INSTALLATION/LOCATION OF THE FACILITY. SUCH REMOVAL SHALL BE CARRIED OUT IN ACCORDANCE WITH PROPER HEALTH AND SAFETY REQUIREMENTS. A WRITTEN NOTICE OF THE DETERMINATION OF ABANDONMENT SHALL BE SENT OR DELIVERED TO THE OPERATOR OF THE WIRELESS COMMUNICATION FACILITY. THE OPERATOR SHALL HAVE NINETY (90) DAYS TO REMOVE THE FACILITY OR PROVIDE THE COMMUNITY DEVELOPMENT DEPARTMENT WITH EVIDENCE THAT THE USE HAS NOT BEEN DISCONTINUED. THE COMMUNITY DEVELOPMENT DIRECTOR SHALL REVIEW ALL EVIDENCE AND SHALL DETERMINE WHETHER OR NOT THE FACILITY IS ABANDONED. UPON REFUSAL OR FAILURE OF AN OWNER AND/OR OPERATOR TO TIMELY REMOVE A FACILITY AS REQUIRED UNDER THIS SECTION, THE FACILITY SHALL BE DEEMED AN ABANDONED ILLEGAL STRUCTURE SUBJECT TO ABATEMENT AS A PUBLIC NUISANCE. RESPONSE: AGREED AND UNDERSTOOD. 10. CONDITIONS AND LIMITATIONS. THE CITY SHALL RESERVE THE RIGHT TO ADD, MODIFY OR DELETE CONDITIONS AFTER THE APPROVAL OF A REQUEST IN ORDER TO ADVANCE A LEGITIMATE CITY INTEREST RELATED TO HEALTH, SAFETY OR WELFARE. PRIOR TO EXERCISING THIS RIGHT, THE CITY SHALL NOTIFY THE OWNER AND OPERATOR IN ADVANCE AND SHALL NOT IMPOSE A SUBSTANTIAL EXPENSE OR DEPRIVE THE AFFECTED PARTY OF A SUBSTANTIAL REVENUE SOURCE IN THE EXERCISING OF SUCH RIGHT. APPROVAL BY THE COMMUNITY DEVELOPMENT DIRECTOR FOR A WIRELESS TELECOMMUNICATION SERVICES FACILITY AND/OR EQUIPMENT APPLICATION SHALL NOT BE CONSTRUED TO WANE ANY APPLICABLE ZONING OR OTHER REGULATIONS; AND WHEREIN NOT OTHERWISE SPECIFIED, ALL OTHER REQUIREMENTS OF THIS CODE SHALL APPLY. ALL REQUESTS FOR MODIFICATIONS OF EXISTING FACILITIES OR APPROVALS SHALL BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR REVIEW UNDER ALL PROVISIONS AND REQUIREMENTS OF THIS SECTION. IF OTHER THAN MINOR CHANGES ARE PROPOSED, A NEW, COMPLETE APPLICATION CONTAINING ALL PROPOSED REVISIONS SHALL BE REQUIRED. RESPONSE: AGREED AND UNDERSTOOD. 26.575.130.E. 1. SETBACKS. AT A MINIMUM, ALL WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT SHALL COMPLY WITH THE MINIMUM SETBACK REQUIREMENTS OF THE UNDERLYING ZONE DISTRICT; IF THE FOLLOWING REQUIREMENTS ARE MORE RESTRICTIVE THAN THOSE OF THE UNDERLYING ZONE DISTRICT, THE MORE RESTRICTIVE STANDARD SHALL APPLY. A) ALL FACILITIES SHALL BE LOCATED AT LEAST FIFTY (50) FEET FROM ANY PROPERTY LINES, EXCEPT WHEN ROOF -MOUNTED (ABOVE THE EAVE LINE OF A BUILDING). FLAT -ROOF MOUNTED FACILITIES VISIBLE FROM GROUND LEVEL WITHIN ONE -HUNDRED (100) FEET OF SAID PROPERTY SHALL BE CONCEALED TO THE EXTENT POSSIBLE WITHIN A COMPATIBLE ARCHITECTURAL ELEMENT, SUCH AS A CHIMNEY OR VENTILATION PIPE OR BEHIND ARCHITECTURAL SKIRTING OF THE TYPE GENERALLY USED TO CONCEAL HVAC EQUIPMENT. PITCHED - ROOF -MOUNTED FACILITIES SHALL ALWAYS BE CONCEALED WITHIN A COMPATIBLE ARCHITECTURAL ELEMENT, SUCH AS CHIMNEYS OR VENTILATION PIPES. B) MONOPOLE TOWERS SHALL BE SET BACK FROM ANY RESIDENTIALLY ZONED PROPERTIES A DISTANCE OF AT LEAST THREE (3) TIMES THE MONOPOLE'S HEIGHT (I.E., A SIXTY (60) FOOT SETBACK WOULD BE REQUIRED FOR A TWENTY (20) FOOT MONOPOLE) AND THE SETBACK FROM ANY PUBLIC ROAD, AS MEASURED FROM THE RIGHT- OF-WAY LINE, SHALL BE AT LEAST EQUAL TO THE HEIGHT OF THE MONOPOLE. 31 r♦ 4 C) NO WIRELESS COMMUNICATION FACILITY MAY BE ESTABLISHED WITHIN ONE -HUNDRED (100) FEET OF ANY EXISTING, LEGALLY ESTABLISHED WIRELESS COMMUNICATION FACILITY EXCEPT WHEN LOCATED ON THE SAME BUILDING OR STRUCTURE. D) NO PORTION OF ANY ANTENNA ARRAY SHALL EXTEND BEYOND THE PROPERTY LINES OR INTO ANY FRONT YARD AREA. GUY WIRES SHALL NOT BE ANCHORED WITHIN ANY FRONT YARD AREA, BUT MAY BE ATTACHED TO THE BUILDING. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. PROPOSED EQUIPMENT IS TO BE PLACED BEHIND THE BUILDING'S EXISTING EQUIPMENT SCREEN WALLS, AND NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A "GAP"IN THE CURRENT SCREENING IS TO BE FINISHED AND PAINTED TO MATCH THE BUILDING'S EXISTING SCREEN WALLS. 2. HEIGHT. THE FOLLOWING RESTRICTIONS SHALL APPLY: A) WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND/OR EQUIPMENT NOT ATTACHED TO A BUILDING SHALL NOT EXCEED THIRTY-FIVE (35) FEET IN HEIGHT OR THE MAXIMUM PERMISSIBLE HEIGHT OF THE GIVEN ZONE DISTRICT, WHICHEVER IS MORE RESTRICTIVE. B) WHENEVER A WIRELESS TELECOMMUNICATION SERVICES ANTENNA IS ATTACHED TO A BUILDING ROOF, THE ANTENNA AND SUPPORT SYSTEM FOR PANEL ANTENNAS SHALL NOT EXCEED FIVE (5) FEET ABOVE THE HIGHEST PORTION OF THAT ROOF, INCLUDING PARAPET WALLS AND THE ANTENNA AND SUPPORT SYSTEM FOR WHIP ANTENNAS SHALL NOT EXCEED TEN (10) FEET ABOVE THE HIGHEST PORTION OF THAT ROOF, INCLUDING PARAPET WALLS. C) THE COMMUNITY DEVELOPMENT DIRECTOR MAY APPROVE A TALLER ANTENNA HEIGHT THAN STIPULATED IN B. ABOVE IF IT IS HIS OR HER DETERMINATION THAT IT IS SUITABLY CAMOUFLAGED, IN WHICH CASE AN ADMINISTRATIVE APPROVAL MAY BE GRANTED. D) IF THE COMMUNITY DEVELOPMENT DIRECTOR DETERMINES THAT AN ANTENNA TALLER THAN STIPULATED IN B. ABOVE CANNOT BE SUITABLY CAMOUFLAGED, THEN THE ADDITIONAL HEIGHT OF THE ANTENNA SHALL BE REVIEWED PURSUANT TO THE PROCESS AND STANDARDS (IN ADDITION TO THE STANDARDS OF THIS SECTION) OF CHAPTER 26.430 (SPECIAL REVIEW). E) SUPPORT AND/OR SWITCHING EQUIPMENT SHALL BE LOCATED INSIDE THE BUILDING, UNLESS IT CAN BE FULLY SCREENED FROM VIEW AS PROVIDED IN THE "SCREENING" STANDARDS (26.475.130 AND 26.575.130.F.5) BELOW. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. PROPOSED EQUIPMENT IS TO BE PLACED BEHIND THE BUILDING'S EXISTING EQUIPMENT SCREEN WALLS, AND NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A "GAP" IN THE CURRENT SCREENING IS TO BE FINISHED AND PAINTED TO MATCH THE BUILDING'S EXISTING SCREEN WALLS. THE PROPOSED EQUIPMENT DOES NOT EXCEED ABOVE THE EXISTING BUILDING SCREEN WALLS. 3. ARCHITECTURAL COMPATIBILITY. WHETHER MANNED OR UNMANNED, WIRELESS TELECOMMUNICATION SERVICES FACILITIES SHALL BE CONSISTENT WITH THE ARCHITECTURAL STYLE OF THE SURROUNDING ARCHITECTURAL ENVIRONMENT (PLANNED OR EXISTING) CONSIDERING EXTERIOR MATERIALS, ROOF FORM, SCALE, MASS, COLOR, TEXTURE AND CHARACTER. IN ADDITION: A) IF SUCH FACILITY IS ACCESSORY TO AN EXISTING USE, THE FACILITY SHALL BE CONSTRUCTED OUT OF MATERIALS THAT ARE EQUAL TO OR OF BETTER QUALITY THAN THE MATERIALS OF THE PRINCIPAL USE. 32 ,t. It B) WIRELESS TELECOMMUNICATION SERVICES EQUIPMENT SHALL BE OF THE SAME COLOR AS THE BUILDING OR STRUCTURE TO WHICH OR ON WHICH SUCH EQUIPMENT IS MOUNTED OR AS REQUIRED BY THE APPROPRIATE DECISION -MAKING AUTHORITY (COMMUNITY DEVELOPMENT DIRECTOR, HISTORIC PRESERVATION COMMISSION, PLANNING AND ZONING COMMISSION OR CITY COUNCIL, AS APPLICABLE). C) WHENEVER WIRELESS TELECOMMUNICATION SERVICES EQUIPMENT IS MOUNTED TO THE WALL OF A BUILDING OR STRUCTURE, THE EQUIPMENT SHALL BE MOUNTED IN A CONFIGURATION DESIGNED TO BLEND WITH AND BE ARCHITECTURALLY INTEGRATED INTO A BUILDING OR OTHER CONCEALING STRUCTURE, BE AS FLUSH TO THE WALL AS TECHNICALLY POSSIBLE AND SHALL NOT PROJECT ABOVE THE WALL ON WHICH IT IS MOUNTED. D) MONOPOLE SUPPORT BUILDINGS, WHICH HOUSE CELLULAR SWITCHING DEVICES AND/OR OTHER EQUIPMENT RELATED TO THE USE, OPERATION OR MAINTENANCE OF THE SUBJECT MONOPOLE, MUST BE DESIGNED TO MATCH THE ARCHITECTURE OF ADJACENT BUILDINGS. IF NO RECENT AND/OR REASONABLE ARCHITECTURAL THEME IS PRESENT, THE COMMUNITY DEVELOPMENT DIRECTOR MAY REQUIRE A PARTICULAR DESIGN THAT IS DEEMED TO BE SUITABLE TO THE SUBJECT LOCATION. E) ALL UTILITIES ASSOCIATED WITH WIRELESS COMMUNICATION FACILITIES OR EQUIPMENT SHALL BE UNDERGROUND (ALSO SEE "SCREENING" BELOW). RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ONAN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. PROPOSED EQUIPMENT IS TO BE PLACED BEHIND THE BUILDING'S EXISTING EQUIPMENT SCREEN WALLS, AND NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A "GAP"IN THE CURRENT SCREENING IS TO BE FINISHED AND PAINTED TO MATCH THE BUILDING'S EXISTING SCREEN WALLS. 4. COMPATIBILITY WITH THE NATURAL ENVIRONMENT. WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT SHALL BE COMPATIBLE WITH THE SURROUNDING NATURAL ENVIRONMENT CONSIDERING LAND FORMS, TOPOGRAPHY AND OTHER NATURAL FEATURES AND SHALL NOT DOMINATE THE LANDSCAPE OR PRESENT A DOMINANT SILHOUETTE ON A RIDGE LINE. IN ADDITION: A) IF A LOCATION AT OR NEAR A MOUNTAIN RIDGE LINE IS SELECTED, THE APPLICANT SHALL PROVIDE COMPUTERIZED, THREE-DIMENSIONAL, VISUAL SIMULATIONS OF THE FACILITY OR EQUIPMENT AND OTHER APPROPRIATE GRAPHICS TO DEMONSTRATE THE VISUAL IMPACT ON THE VIEW OF THE AFFECTED RIDGES OR RIDGE LINES; AN 8040 GREENLINE REVIEW, PURSUANT TO THE PROVISIONS OF SECTION 26.435.030, MAY ALSO BE REQUIRED. B) SITE DISTURBANCES SHALL BE MINIMIZED AND EXISTING VEGETATION SHALL BE PRESERVED OR IMPROVED TO THE EXTENT POSSIBLE, UNLESS IT CAN BE DEMONSTRATED THAT SUCH DISTURBANCE TO VEGETATION AND TOPOGRAPHY RESULTS IN LESS VISUAL IMPACT TO THE SURROUNDING AREA. C) SURROUNDING VIEW PLANES SHALL BE PRESERVED TO THE EXTENT POSSIBLE. D) ALL WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT SHALL COMPLY WITH THE FEDERAL COMMUNICATION COMMISSION'S REGULATIONS CONCERNING MAXIMUM RADIO FREQUENCY AND ELECTROMAGNETIC FREQUENCY EMISSIONS. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ONAN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. AT&T WIRELESS HAS CONDUCTED A RF STUDY THAT INCLUDES THE ABOVE CRITERIA OUTLINED IN ITEM D. 33 0 • 5. SCREENING. ROOF -AND -GROUND -MOUNTED WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT, INCLUDING ACCESSORY EQUIPMENT, SHALL BE SCREENED FROM ADJACENT AND NEARBY PUBLIC RIGHTS -OF -WAY AND PUBLIC OR PRIVATE PROPERTIES BY PAINT COLOR SELECTION, PARAPET WALLS, SCREEN WALLS, FENCING, LANDSCAPING AND/OR BERMING IN A MANNER COMPATIBLE WITH THE BUILDING'S AND/OR SURROUNDING ENVIRONMENTS DESIGN, COLOR, MATERIALS, TEXTURE, LAND FORMS AND/OR TOPOGRAPHY, AS APPROPRIATE OR APPLICABLE. IN ADDITION: A) WHENEVER POSSIBLE, IF MONOPOLES ARE NECESSARY FOR THE SUPPORT OF ANTENNAS, THEY SHALL BE LOCATED NEAR EXISTING UTILITY POLES, TREES OR OTHER SIMILAR OBJECTS; CONSIST OF COLORS AND MATERIALS THAT BEST BLEND WITH THEIR BACKGROUND; AND, HAVE NO INDIVIDUAL ANTENNAS OR CLIMBING SPIKES ON THE POLE OTHER THAN THOSE APPROVED BY THE APPROPRIATE DECISION -MAKING AUTHORITY (COMMUNITY DEVELOPMENT DIRECTOR, HISTORIC PRESERVATION COMMISSION, PLANNING AND ZONING COMMISSION OR CITY COUNCIL, AS APPLICABLE). B) FOR GROUND -MOUNTED FACILITIES, LANDSCAPING MAY BE REQUIRED TO ACHIEVE A TOTAL SCREENING EFFECT AT THE BASE OF SUCH FACILITIES OR EQUIPMENT IN ORDER TO SCREEN THE MECHANICAL CHARACTERISTICS; A HEAVY EMPHASIS ON CONIFEROUS PLANTS FOR YEAR-ROUND SCREENING MAY BE REQUIRED. LANDSCAPING SHALL BE OF A TYPE AND VARIETY CAPABLE OF GROWING WITHIN ONE (1) YEAR TO A LANDSCAPE SCREEN WHICH SATISFACTORILY OBSCURES THE VISIBILITY OF THE FACILITY. C) UNLESS OTHERWISE EXPRESSLY APPROVED, ALL CABLES FOR A FACILITY SHALL BE FULLY CONCEALED FROM VIEW UNDERGROUND OR INSIDE OF THE SCREENING OR MONOPOLE STRUCTURE SUPPORTING THE ANTENNAS; ANY CABLES THAT CANNOT BE BURIED OR OTHERWISE HIDDEN FROM VIEW SHALL BE PAINTED TO MATCH THE COLOR OF THE BUILDING OR OTHER EXISTING STRUCTURE. D) CHAIN LINK FENCING SHALL BE UNACCEPTABLE TO SCREEN FACILITIES, SUPPORT STRUCTURES OR ACCESSORY AND RELATED EQUIPMENT (INCLUDING HVAC OR MECHANICAL EQUIPMENT PRESENT ON SUPPORT BUILDINGS); FENCING MATERIAL, IF USED, SHALL BE SIX (6) FEET IN HEIGHT OR LESS AND SHALL CONSIST OF WOOD, MASONRY, STUCCO, STONE OR OTHER ACCEPTABLE MATERIALS THAT ARE OPAQUE. E) NOTWITHSTANDING THE FOREGOING, THE FACILITY SHALL COMPLY WITH ALL ADDITIONAL MEASURES DEEMED NECESSARY TO MITIGATE THE VISUAL IMPACT OF THE FACILITY. ALSO, IN LIEU OF THESE SCREENING STANDARDS, THE COMMUNITY DEVELOPMENT DIRECTOR MAY ALLOW USE OF AN ALTERNATE DETAILED PLAN AND SPECIFICATIONS FOR LANDSCAPE AND SCREENING, INCLUDING PLANTINGS, FENCES, WALLS, SIGN AND STRUCTURAL APPLICATIONS, MANUFACTURED DEVICES AND OTHER FEATURES DESIGNED TO SCREEN, CAMOUFLAGE AND BUFFER ANTENNAS, POLES AND ACCESSORY USES. FOR EXAMPLE, THE ANTENNA AND SUPPORTING STRUCTURE OR MONOPOLE MAY BE OF SUCH DESIGN AND TREATED WITH AN ARCHITECTURAL MATERIAL SO THAT IT IS CAMOUFLAGED TO RESEMBLE A TREE WITH A SINGLE TRUNK AND BRANCHES ON ITS UPPER PART. THE PLAN SHOULD ACCOMPLISH THE SAME DEGREE OF SCREENING ACHIEVED BY MEETING THE STANDARDS OUTLINED ABOVE. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT. PROPOSED EQUIPMENT IS TO BE PLACED BEHIND THE BUILDING'S EXISTING EQUIPMENT SCREEN WALLS, AND NEW SECTION OF SCREENING ALONG THE BACKSIDE OF THE BUILDING WHERE THERE IS A "GAP" IN THE CURRENT SCREENING IS TO BE FINISHED AND PAINTED TO MATCH THE BUILDING'S EXISTING SCREEN WALLS. 6. LIGHTING AND SIGNAGE. IN ADDITION TO OTHER APPLICABLE SECTIONS OF THE CODE REGULATING SIGNAGE OR OUTDOOR LIGHTING, THE FOLLOWING STANDARDS SHALL APPLY TO WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT: A) THE LIGHT SOURCE FOR SECURITY LIGHTING SHALL FEATURE DOWN -DIRECTIONAL, SHARP CUT-OFF LUMINARIES TO DIRECT, CONTROL, SCREEN OR SHADE IN SUCH A MANNER AS TO ENSURE THAT THERE IS NO SPILLAGE OF ILLUMINATION OFF -SITE. 34 9 • B) LIGHT FIXTURES, WHETHER FREE STANDING OR TOWER -MOUNTED, SHALL NOT EXCEED TWELVE (12) FEET IN HEIGHT AS MEASURED FROM FINISHED GRADE. C) THE DISPLAY OF ANY SIGN OR ADVERTISING DEVICE OTHER THAN PUBLIC SAFETY WARNINGS, CERTIFICATIONS OR OTHER REQUIRED SEALS ON ANY WIRELESS COMMUNICATION DEVICE OR STRUCTURE IS PROHIBITED. D) THE TELEPHONE NUMBERS TO CONTACT IN AN EMERGENCY SHALL BE POSTED ON EACH FACILITY IN CONFORMANCE WITH THE PROVISIONS OF CHAPTER 26.510, SIGNS, OF THIS TITLE. RESPONSE: PROJECT DOES NOT INCLUDE PROPOSED LIGHTING. PROPOSED EQUIPMENT & WARNING SIGNS ARE TO BE PLACED WITHIN CHAIN BARRIERS FOR RF D(POSURE SAFETY. SITE EMERGENCY CONTACT WILL BE POSTED ON THE FRONTSIDE OF THE PROPOSED EQUIPMENT CABINET. 7. ACCESS WAYS. IN ADDITION TO INGRESS AND EGRESS REQUIREMENTS OF THE BUILDING CODE, ACCESS TO AND FROM WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT SHALL BE REGULATED AS FOLLOWS: A) NO WIRELESS COMMUNICATION DEVICE OR FACILITY SHALL BE LOCATED IN A REQUIRED PARKING, MANEUVERING OR VEHICLE/PEDESTRIAN CIRCULATION AREA SUCH THAT IT INTERFERES WITH OR IN ANY WAY IMPAIRS, THE INTENT OR FUNCTIONALITY OF THE ORIGINAL DESIGN. B) THE FACILITY MUST BE SECURED FROM ACCESS BY THE GENERAL PUBLIC BUT ACCESS FOR EMERGENCY SERVICES MUST BE ENSURED. ACCESS ROADS MUST BE CAPABLE OF SUPPORTING ALL POTENTIAL EMERGENCY RESPONSE VEHICLES AND EQUIPMENT. C) THE PROPOSED EASEMENTS FOR INGRESS AND EGRESS AND FOR ELECTRICAL AND TELEPHONE SHALL BE RECORDED AT THE COUNTY CLERK AND RECORDER'S OFFICE PRIOR TO THE ISSUANCE OF BUILDING PERMITS. RESPONSE: THE PROPOSED EQUIPMENT IS BEING CO -LOCATED ON AN EXISTING BUILDING WITH EXISTING AT&T WIRELESS EQUIPMENT AND WILL BE SECURED AND INACCESSIBLE TO THE PUBLIC. AT&T EQUIPMENT TO BE MAINTAINED BYAN AT&T REPRESENTATIVE WITH PROPERTY OWNER APPROVAL IN THE EVENT OFA POTENTIAL EMERGENCY. NO PARKING SPACES OR ACCESS ROUTES WILL BE IMPACTED. 35 • SFWT LIST: T 1 TITLE SHEET Z 1.0PARCEL MAP Z1 .1 OVERALL SITE PLAN MOUNTAIN Z1 .2 DETAILED SITE PLAN Z1.3 UPPER ROOFDETAILIL WIRELESS MIDRO Z1 .4 MID ROOF DETAIL AT&TZ2.1 EX. & NEW NORTH ELEVATIONS 927 SALIDA WAY Z2.2 EX. & NEW WEST ELEVATIONS AURORA. CO 8001 1 303.343.6544 SITE N,4►v►E: ASPEN MEADOWS ODAS LOCATION CODE: PROJECT NUMBER: ADDRESS: SITE CONTACT: ASPEN INSTITUTE 1000 NORTH 3RD STREET ASPEN, CO 8161 1 BECKY WARD 970.544.7925 BECKEY. WARD@ASPEN I NST.COM SITE PHOTO: PROJECT TEAM: CONSTRUCTION MANAGER: QUIN GELFAND AT&T WIRELESS 214.208.5407 OG 1 12C@AT-r.com 12800155 98751 845 MEADOWS ROAD ASPEN, CO 8161 1 PROJECT DESCRIPTION: INSTALLATION OF NEW AT&T ODAS (OUTSIDE DISTRIBUTED ANTENNA SYSTEM) ANTENNAS, AND REMOTE RADIO HEADS (RRH'S) TO PROVIDE 4G COVERAGE. INSTALLATION INCLUDES ANTENNAS BEHIND NEW PAINTED SCREEN WALL TO MATCH BUILDING, AND A SCREENED EQUIPMENT CABINET. RF MANAGER: SCOTT NOBLES AT&T WIRELESS 303.638.4994 CN541 6@ATT.COM SITE MAP: SITE A&E MANAGER: STEPHEN LESTER MOUNTAIN WIRELESS 303.589.8899 SLESTER@MTWIRE.COM I CEIVE _ APR 10 RECD CITY OF ASPEN 00MMISN W DEVEROPMERT SITE ACCESS: MUST HAVE SCHEDULED APPOINTED FOR ACCESS • 1 PROJECT DATA: LEGAL DESCRIPTION: JURISDICTION: CITY OF ASPEN SUBDIVISION: ASPEN PROPERTY OWNER: ASPEN INSTITUTE INC MEADOWS LOT: 1-A 1000 NORTH 3RD STREET ASPEN. CO 8161 1 PARCEL NUMBER: 273E-121-29008 ZONING: A(ACADEMIC) CLASS: LODGE/REC ACRES: 26.530 OCCUPANCY TYPE: A-2, B CONSTRUCTION TYPE: V-B (NOT RATED) NUMBER OF STORIES: 2 FULLY SPRINKLERED: YES GOVERNING CODES: 2015 [-CODES 2014 NEC 7() ICI 1 I\1(-' IVt.J 1 f Vl"C CONSTRUCTION U)Ld N w0 >00 QO (f)o U)0 w0 w�: Z_ (D z • SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 TITLE SHEET TI SCALE SET FOR 24"%36" SHEET USE 1 /2 SCALE FOR 1 1 "X17" SHEET NOTE: Now PLAT TAKEN FROM CITY OF ASPEN https://cityofaspen.maps.arcgis.com • • 0 1 2 3 4 5 6 1 / 1 RESERVE -- SUB IV611ON . 152•,tx 'r, s' -" � n[[ cr Nrcwurel M r �•\ / a x, 41' SECC)!o'ASPEN 03MI➢1NY • C, / S16'20'24•r 4752 BLACKi542 1A. rpa'faxY x,i �y F / �rxyr�rt'r'a 6e.e2 39 Y oar [4:s 4z (1� ` f / �� ESTATES--�`Er�`E to _ yl7'26 �J 38 '� j ; 12 •� Y a awsn,.,. n,., r• ww.r••.•.wlrM rw•r,sr, t I 50 13 Y�x r lom /141 NOI.02 21'- w4:p.I l:J ASPEN MEADOWS 1 4, - es cow RECEPTION BUILDING WITH +; NEW AT&T EQUIPMENT Z1.1 'vp. ' %h PROPERTY ® BOUNDARY TYP. Y' ASPEN ACADEMIC 37 _ MEADOWS PARCEL RED BUTTE CEMETERY PARCEL 0, t 3 R`f fey CEptTER 'WOO c- k 'yy(ao bo•w 47 of $ bQAS$ •w'29'w6431 'i4, v EXISTING AT&T Hol so'ao'e u4o4 EQUIPMENT SHELTER 13t1 < 31)0 BELOW TENNIS COURT 0 IW 2W 3W 400 500 NII•"'10'E %62 SCALE: 1 100' N 19ro1'Jy'w rs.ao LC IT A 17 s•.y� or t.e.r,w r.e se.ww„o nvucw won ue ' '. q •�•!� m�r.w owacerlc ssrrmwetn,t swro, BEN DEANE LOT SPLIT ( "L s �;d - sy,1p„t ro ,�h NI7'40'15•!. �a�W i2�'e'Qi�(welrlened..,»aeue.I� e475 ��, ,% $lRI1!VISION �'x '�33� v45 23 .ac•.r.•, ,crc..• I •+r.. err � ,xi`f-r..--....--J�'P QKJ.' � �t\' ate' ., #'� .+ , 9 �� P t+ 0 oev .y 1 PARCEL MAP SCALE 1" = 100'-0" 0' 50' 100' 200' 300' Scale: 1" = 160'-0" 16 -1• }4 /'fit. F!`[ F . H AlpineSury In+ s,.`+" w..eae ,w•a.85.94 S PLAT OF ASPEN MEADOWS " SUBDIVISION EXCEPTION SHEET 2 OF 3 SETBACKS NORTH: 1,136-5" EAST: 5g6'-1 SOUTH: 406'-1" WEST: 674'•8• -,�, �l MOUNTAIN WIRELESS 927 SALIDA WAY AURORA, CO 8001 1 303.343.6544 ZONING NOT FOR CONSTRUCTION U) wU) W0 w0 O Q Q Ur^) V/ 0 w0 x z (D -z �w SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN, CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 PARCEL MAP z 1 .0 SCALE SL1 FOR 24 C36SHLE7 LSF 1 12 SCALE FOR 1 I "x 1 7" SHEE7 ASPEN MEADOWS RECEPTION BUILDING WITH — NEW AT&T EQUIPMENT Z1.2 , 72.2 N •� OVERA-0L SITE PLAN 0' IV 20' 40' Scale: 1" = 20'-W C j PROPOSED Al CABINET PROPOSED AT&T f (MID ROOF - HVAC PROPOSED AT. • 0 MOUNTAIN WIRELESS 927 SALIDA WAY AURORA. CO 8001 1 303.343.6544 f� ZONING NOT FOR CONSTRUCTION 1 � � � o y,. 1 s y W N w0 j �' 0 pU ti .A. cn p RECEPTION BUILDING AERIAL Z 0 WW ] J Z (D —Z W SITE NAME: ASPEN MEADOWS PROPOSED AT&T RRH'S ODAS (MID ROOF - HVAC CURB) , PROPOSED AT&T SITE ADDRESS: ANTENNA'S (UPPER ROOF) 845 MEADOWS ROAD ASPEN. CO 8161 1 :... t PROJECT: ;ABINET- •~ I ODAS SECTOR ADD 2 ROOF)- -'. ;..� •- V . PHASE: ' wx ZONING ' ISSUE DATE: '.'- e' �♦��i��'� 4/5/2019 'B' RECEPTION BUILDING NORTHSIDE BIRD'S EYE OVERALL SITE PLAN z 1 . I SCALE SET FOR 24"X36" SHEET I:SE 1 /2 SCALF FOR 1 1 "X 1 7" SHEET NOTE: NEW RRH'S & CONDUIT TO BE PAINTED SHERWIN WILLIAMS 7397 DARK -BLUE. NEW RF TRANSPARENT SCR WALL TO BE FINISHED AND F TO MATCH EX. UPPER ROOF SCREEN WALL. NEW AT&T ANTENNAS BE NEW SCREEN' (UPPER R N J>AE TAILED SITE PLAN ° 2' a' a Scale: ,/4• = ,'-0" MOUNTAIN WIRELESS 927 SALIDA WAl AURORA. CO 8001 1 303.343.6544 ZONING NOT FOR CONSTRUCTION H cr) N W0 > 00 o0 (A p �U w0 �3 ww >J Z (D -Z SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN, CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 DETAILED SITE PLAN Z1.2 SCALE SET FOR 24"X36" SHEET USE 1 /2 SCALE FOR 1 1 "X 1 7" SHEET NOTE: NEW RRH'S 8 COI PAINTED SHERWI DARK -BLUE. NEW RF TRANSP/ WALL TO BE FINI: TO MATCH EX. OF SCREEN WALL. NEW RF TRAW WALL, FINISH (2) NE" BEHIND NEW F N 1 UPPER ROOF DETAIL SCALE: 3/8" = 1'-0" 0' 1' 2' 4' 6' Scale: 3/8" = 1'-0" '41J� MOUNTAIN WIRELESS 927 SALIDA WAY AURORA, CO 8001 1 303,343. 6544 ZONING NOT FOR CONSTRUCTION 111111 =7 I- Ln N W0 > 00 EE0 (n � U)0 W 0 E3 WW ] J Z (D —Z SITE NAME: ASPEN MEADOWS O DAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 UPPER ROOF DETAIL Z 1.3 SCALE SET FOR 24"X36" SHEET USE 1 / 2 SCALE FOR I I "X 1 7" SHEET 0 • 0 NOTE: NEW RRH'S 8 CONDUIT TO BE PAINTED SHERWIN WILLIAMS 7397 D ----- N N T S 1 MID ROOF SCALE: 3/8' = V-0" 0' 1' 2' 4' 6' Scale: 3/8" = 1'-0" • MOUNTAIN WIRELESS 927 SAL.[DA WAY AURORA. CO 8001 1 303.343.6544 7rlKI1NIr` 1Y V 1 1 VJI% CONSTRUCTION po N W W0 0 Q oU �o (n0 Wo �3 ] ,J Z () —Z �W SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 MID ROOF DETAIL Z 1.4 SCALE SET FOR 24"%36" SHEET USE 1 /2 SCALE FOR 1 1 "x 17" SHEE I NOTE: NEW RRH'S & CONDUIT TO BE V F—AlQ 111VV 1VVR 1 fl CLCVr11 1 IN SCALE: 1 /4" =1'-0" NEW NORTH ELEVATION 0' 2' a' v 2 SCALE: 1/4" = 1'-0" Scale: 1/4" = 1'-0" Ll s MOUNTAIN WIRELESS 927 SALIDA WA, AURORA. CO 6001 1 303. 343. 6544 ZONING IVU I I -UK CONSTRUCTION In W N W0 > 00 FE O In 6 In O W O E > z(D z SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 8161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 EX. & NEW NORTH ELEVATIONS Z2.1 SCALE SET FOR 24"X36" SHEET LISE 1 /2 SCALE FOR 1 1 "X 1 7" SHEET 0 • 0 0 IM.a Q,11101111 '10 Aahlla� MOUNTAIN WIRELESS 927 SAUDA WAY AURORA, CO 8001 1 303.343.6544 '7 / A 1 1& 1 r CONSTRUCTION U N W0 > OD Fr O (A p U)0 w0 ir�: ww > ,J Z 0 -Z �W SITE NAME: ASPEN MEADOWS O DAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN. CO 81611 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 EX. & NEW WEST ELEVATIONS Z2.2 SCALE SET FOR 24"%36" SHEET USE 1 /2 SCALE FOR 1 1 "X 17" SHEET ASPEN MEADOWS ITHWP71ONl91IN D&1(1 WIT" NEW AT&T EOUPWNI 0- 0 19MNNIS-AIAI 11A10 ii(NN' 1NAf. IN RECEPTION BUILDING AERIAL 'B' RECEPTION BUILDING NORTHSIDE BIRD'S EYE S v MOUNTAIN WIRELESS 92 ..1- WA' AU OAA. CO 80011 303 343.9644 ZONING NOT FOR CONSTRUCTION WN W� �O Q ❑U Np U)O W Z O � Z �W SITE NAME: ASPEN MEADOWS ODAS SITE ADDRESS: 845 MEADOWS ROAD ASPEN, CO 8 161 1 PROJECT: ODAS SECTOR ADD PHASE: ZONING ISSUE DATE: 4/5/2019 OVERALL SITE PLAN ORDINANCE NO. 5 SERIES OF 2019 AN ORDINANCE OF THE ASPEN CITY COUNCIL AMENDING CITY OF ASPEN LAND USE CODE RELATED TO WIRELESS REGULATIONS. WHEREAS, in accordance with Sections 26.208 and 26.310 of the City of Aspen Land Use Code, the City Council of the City of Aspen directed the Community Development Department to draft a code amendment to amend the language regarding wireless regulations in order to comply with requirements of state and federal law; and, WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the Municipal Code shall begin with Public Outreach, a Policy Resolution reviewed and acted on by City Council, and then final action by City Council after reviewing and considering the recommendation from the Community Development; and, WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development Department conducted Public Outreach and received comments from the Planning and Zoning Commission and Historic Preservation Commission regarding the code amendment; and, WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing on February 25, 2019, the City Council approved Resolution No. 13, Series of 2019, by a five to zero (5 - 0) requesting a code amendment to amend the wireless and related sections of the City's Land Use Code; and, WHEREAS, the Aspen City Council has reviewed the proposed code amendments and finds that the amendments meet or exceed all applicable standards pursuant to Chapter 26.310; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Code Amendment Obiective The objective of the proposed Land Use Code amendment is to bring the Land Use Code into compliance with state and federal regulations related to wireless facilities. Section 2: Aspen Land Use Code sub -section 26.575.130, Wireless communications ./acilities and equipment, is hereby rescinded. Section 3: Aspen Land Use Code Chapter 26.505, Wireless communications facilities and equipment, is hereby added as follows: Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 1 of 27 Chapter 505 Wireless Communication Facilities and Equipment See.26.505.010 Purpose Sec 26.505.020 Applicability Sec 26.505.030 Definitions Sec 26.505.040 Operational Standards Sec 26.505.050 Procedures for Review Sec 26.505.060 Application Contents Sec 26.505.070 General Provisions and Requirements Sec 26.505.080 Design Standards 26.505.010 Purpose The purpose of this Chapter is to regulate the placement, construction, and modification of towers and wireless communications facilities (WCFs) to protect the health, safety and welfare of the public, provide for managed development, installation, maintenance, modification, and removal of wireless communications infrastructure that is consistent with Aspen's small mountain town character, while at the same time not unreasonably interfering with the development of a competitive wireless communications marketplace in the city. 26.505.020 Applicability All applications for the installation or development of WCFs and/or equipment must receive building permits and/or right-of-way permits, as applicable, prior to installation. Prior to the issuance of appropriate building permits, WCFs and/or equipment shall be reviewed for approval by the Community Development Director in conformance with the provisions and criteria of this Chapter. WCFs and equipment subject to the provisions and criteria of this Chapter include without limitation, WCFs within the Public Rights of Way, cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services (PCS), commercial mobile radio service (CMRS) and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms. These provisions and criteria do not apply to noncommercial satellite dish antennae, radio and television transmitters and antennae incidental to residential use. All references made throughout this Chapter, to any of the devices to which this Chapter is applicable, shall be construed to include all other devices to which this Chapter is applicable. A. Future Amendments to Chapter 26.505. All future amendments to this Chapter shall be exempt from the requirement of Policy Resolution for code amendments (Section 26.310.020.B.1-2). Future amendments may proceed directly to a First and Second Reading, pursuant to Section 26.310.020.B.3. 26.505.030 Wireless Definitions. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 2 of 27 All words used in this Chapter, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Definitions contained elsewhere in this Code shall apply to this Section unless modified herein. Accessory Wireless Equipment. Any equipment serving or being used in conjunction with a Wireless Communications Facility (WCF), including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures. Alternative Tower Structure. Man-made trees, clock towers, bell steeples, light poles, traffic signals, buildings, and similar alternative design mounting structures that are intended to be compatible with the natural setting and surrounding structures, and camouflage or concealment design techniques so as to make the, presence of antennas or towers compatible with the surrounding area pursuant to this Chapter. This term also includes any antenna or antenna array attached to an Alternative Tower Structure and a Replacement Pole. A stand-alone Monopole in the Public Right -of -Way that accommodates Small Cell Wireless Facilities is considered an Alternative Tower Structure to the extent it meets the camouflage and concealment standards of this Chapter. Antenna. Any device used to transmit and/or receive radio or electromagnetic waves such as, but not limited to panel antennas, reflecting discs, microwave dishes, whip antennas, directional and non -directional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations. Any exterior apparatus designed for telephone, radio, or television communications through the sending and/or receiving of wireless communications signals. Base Station. A structure or equipment at a fixed location that enables Federal Communications Commission ("FCC") licensed or authorized wireless communications between user equipment and a communications network. The definition of base station does not include or encompass a tower as defined herein or any equipment associated with a tower. Base station includes, without limitation: (1) Equipment associated with wireless communications services such as private broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul that, at the time the relevant application is Ffiled with the city pursuant to this chapter has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support; and (2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplied, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small -cell networks) that, at the time the relevant application is filed with the city pursuant to title 26 of the Code Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 3 of 27 has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The definition of base station does not include any structure that, at the time the application is filed with the city under this chapter, does not support or house equipment described herein in sub -paragraphs 1 and 2 of this definition. Camouflage, Concealment, Or Camouflage Design Techniques. A Wireless Communication Facility ("WCF") is camouflaged or utilizes Camouflage Design Techniques when any measures are used in the design and siting of Wireless Communication Facilities with the intent to minimize or eliminate the visual impact of such facilities to surrounding uses. A WCF site utilizes Camouflage Design Techniques when it (i) is integrated in an outdoor fixture such as a flagpole, or (ii) uses a design which mimics and is consistent with the nearby natural, or architectural features (such as an artificial tree) or is incorporated into (including, without limitation, being attached to the exterior of such facilities and painted to match it) or is integral within, incorporated on or replaces existing permitted facilities or vertical infrastructure located in the right- of-way (including without limitation, stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent. Collocation. (1) mounting or installing a WCF on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing a WCF on that structure. Provided that, for purposes of Eligible Facilities Requests, "Collocation" means the mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. Eligible Facilities Request. Any request for modification of an Existing Tower that does not Substantially Change the physical dimensions of such Tower involving: (i) collocation of new Transmission Equipment, (ii) removal of Transmission Equipment, or (iii) replacement of Transmission Equipment. Eligible Support Structure. Any Tower or Base Station as defined in this Section, provided that it is existing at the time the relevant application is filed with the city under this Section. Existing Tower or Base Station. A constructed Tower or Base Station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 4 of 27 0 0 Micro Cell Facility. A small wireless facility that is no larger than 24 inches in length, 15 inches in width, 12 inches in height, and that has an exterior antenna, if any, that is no more than eleven inches in length. Monopole. A single, freestanding pole -type structure supporting one or more Antennas. Public right -of way. Any public way or public thoroughfare dedicated or devoted to public use, including street, highway, road, alley, lane, court, boulevard, sidewalk, public square, mall or like designation. Replacement Pole. An Alternative Tower structure that is a newly constructed and permitted traffic signal, utility pole, street light, flagpole, electric distribution, or street light poles or other similar structure of proportions and of equal height to a pre-existing pole or structure in order to support a WCF or Small Cell Facility or to accommodate collocation and remove the pre-existing pole or structure. Small Cell Facility. A WCF where each Antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an Antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground -based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. Small cells may be attached to Alternate Tower Structures, Replacement Pole, and Base Stations. Substantial Change to a WCF. A modification substantially changes the physical dimensions of an Eligible Support Structure if after the modification, the structure meets any of the following criteria: (1) For Towers, other than Alternative Tower Structures or Towers in the Right -of - Way, it increases the height of the Tower by more than ten percent (10%) or by the height of one (1) additional antenna array, with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other Eligible Support Structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; (2) For Towers, other than Towers in the Right -of -Way, it involves adding an appurtenance to the body of the Tower that would protrude from the Tower more than twenty (20) feet, or more than the width of the Tower Structure at the level of the appurtenance, whichever is greater; for Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the side of the structure by more than six (6) feet; Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 5 of 27 0 0 (3) For any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or (4) For Towers in the Right -of -Way and Base Stations, it involves installation of any new equipment cabinets on the ground if there are no re-existin ground cabinets associated with the structure, or a se mvo ves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other existing, individual ground cabinets dssociated with the structure; (5) For any Eligible Support Structure, it entails any excavation or deployment outside the current Site; (6) For any Eligible Support Structure, it would defeat the concealment elements of the Eligible Support Structure. For purposes of this definition, any change that undermines concealment elements of an eligible support structure shall be interpreted as defeating the concealment elements of that structure; or (7) For any Eligible Support Structure, it does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure equipment, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets,' or new excavation that would not exceed the thresholds identified in paragraphs (i), (ii), (iii) and (iv) of this Definition. For purposes of determining whether a Substantial Change exists, changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height are measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. Tower. Any structure that is designed and constructed for the sole or primary purpose of supporting one or more any FCC -licensed or authorized Antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The term includes self-supporting lattice towers, guyed towers, monopole towers, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, Alternative Tower Structures and the like. Transmission Equipment. Equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 6 of 27 Wireless Communications Facility Or WCF. A facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or Smart City, Internet of Things, wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an Antenna or Antennas, including without limitation, direction, omni-directional and parabolic antennas, support equipment, Alternative Tower Structures, and Towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting Antennas, nor does it include other facilities specifically excluded from the coverage of this Chapter. 26.505.040 Operational Standards. A. Federal Requirements. All WCFs shall meet the current standards and regulations of the FAA, the FCC and any other agency of the federal government with the authority to regulate WCFs, including, without limitation, the requirement that WCFs shall not present a hazard to air navigation under Part 77, Federal Aviation, Federal Aviation Regulations. If such standards and regulations are changed, then the owners of the WCF shall bring such facility into compliance with such revised standards and regulations within the time period mandated by the controlling federal agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the WCF at the WCF owner's expense. B. Radio Frequency Standards. All WCFs shall comply with federal standards for radio frequency emissions. Applicants for WCFs shall submi�ederal ing that all WCFs that are the subject of the application shall comp y wit standards for radio frequency emissions. The owner or operator of an approved WCF shall also provide the City with the FCC license for the WCF at the time the license is issued for the facility. C. Signal Interference. All WCFs shall be designed and sited, consistent with applicable federal regulations, so as not to cause interference with the normal operation of radio, television, telephone and other communication services utilized by adjacent residential and non-residential properties; nor shall any such facilities interfere with any public safety communications. The Applicant shall provide a written statement from a qualified radio frequency engineer, certifying that a technical evaluation of existin an proposed face ides m ica es no pot-e-nria-I interference problems and shall allow the City to monitor-inteffi=nre levejc with public a ety —communicationT during this process. Additionally, the Applicant shall notify the City at least ten calendar days prior to the Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 7 of 27 introduction of new service or changes in existing service, and shall allow the City to monitor interference levels with public safety communications during the testing process. �G�3�tx� le 0 D. License to Use. Applicant may execute a license agreement with the City, granting a non-exclusive license to use the Public Right -of -Way. Attachment of WCFs on an existing traffic signal, street light pole, or similar structure shall require written evidence of a license, or other legal right or approval, to use such structure by its owner. E. Operation and Maintenance. To ensure the structural integrity of WCFs, the owner of a WCF shall ensure that it is maintained in compliance with the standards contained in applicable local building, safety, and engineering codes. If upon inspection, the City concludes that a WCF fails to comply with such codes and constitutes a danger to persons or property, then, upon written notice being provided to the owner of the WCF, the owner shall have 30 days from the date of notice to bring such WCF into compliance. Upon good cause shown by the owner, the City's Chief Building Official may extend such compliance period not to exceed 90 days from the date of said notice. If the owner fails to bring such WCF into compliance within said time period, the City may remove such WCF at the owner's expense. F. Abandonment and Removal. If a WCF has not been in use for a period of three months, the owner of the WCF shall notify the City of the non-use and shall indicate whether re -use is expected within the ensuing three months. Any WCF that is not operated for a continuous period of six months shall be considered abandoned. The City, in its sole discretion, may require an abandoned WCF to be removed. The owner of such WCF shall commence removal of the same within 30 days of receipt of written notice from the City. If such WCF is not removed within said 30 days, the City may remove it at the owner's expense and any approved permits for the WCF shall be deemed to have expired. Additionally, the City, in its sole discretion, shall not approve any new WCF application until the Applicant who is also the owner or operator of any such abandoned WCF has removed such WCF or payment for such removal has been made to the City. G. Hazardous Materials. No hazardous materials shall be permitted in association with WCFs, except those necessary for the operations of the WCF and only in accordance with all applicable laws governing such materials. H. Collocation. No WCF owner or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Community Development Department, the owner or operator shall provide evidence explaining why Collocation is not possible at a particular facility or site. 1. Compliance with Applicable Law. Notwithstanding the approval of an application for new WCFs or Eligible Facilities Request as described herein, all work done pursuant to WCF applications must be completed in accordance with all applicable building, structural, engineering, electrical, Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 8 of 27 and safety requirements as set forth in the Aspen Municipal Code and any other applicable laws or regulations. In addition, all WCF applications shall comply with the following: 1. Comply with any permit or license issued by a local, state, or federal agency with jurisdiction of the WCF; 2. Comply with easements, covenants, conditions and/or restrictions on or applicable to the underlying real property; 3. Be maintained in good working condition and to the standards established at the time of application approval; and 4. Remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than ten calendar days from the time of notification by the City or after discovery by the owner or operator of the Site. Notwithstanding the foregoing, any graffiti on WCFs located in the Public Rights -of -Way or on Public Property may be removed by the City at its discretion, and the owner and/or operator of the WCF shall pay all costs of such removal within 30 days after receipt of an invoice from the City. 26.505.050 Procedures for Review. No new WCF shall be constructed and no Collocation or modification to any WCF may occur except after a written request from an applicant, reviewed and approved by the City in accordance with this Chapter. A. Review Procedures for certain WCFs, including Base Stations, Alternative Tower Structures, and Alternative Tower Structures within Public Rights -of -Way, but excepting Eligible Facilities Requests, and Small Cell Facilities in the Right -of -Way. In all zone districts, applications for these WCF facilities shall be reviewed by the Community Development Department for conformance to this Section and using the Design Review procedures set forth in Section26.505.080. For WCFs in the rights -of -way, except for Small Cell Facilities in the Right -of -Way, that are found to have a significant visual impact (e.g.. proximity to historical sites, obstructing views), be incompatible with the structure or surrounding area, or not meet the intent of these provisions, the Community Development Department may refer the application to Planning and Zoning Commission or Historic Preservation Commission, as applicable, for a Special Review determination. B. Review Procedures for Towers. In all zone districts, Towers, other than those defined or excepted in (A) above, must apply for Special Review approval. These WCFs shall be reviewed for conformance using the procedures set forth in Section 26.505.050.L. All applications for Towers shall demonstrate that other alternative design options, such as using Base Stations or Alternative Tower Structures, are not viable options as determined by the City. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 9 of 27 C. Review Procedures for Eligible Facilities Requests. In all zone districts, Eligible Facilities Requests shall be considered a permitted use, subject to administrative review. The City shall prepare, and from time to time revise, and make publicly available, an application form which shall require submittal of information necessary for the City to consider whether an application is an Eligible Facilities Request. Such required information may include, without limitation, whether the project: a. Constitutes a Substantial Change; or b. Violates a generally applicable law, regulation, or other rule codifying objective standards reasonably related to public health and safety. The application shall not require the applicant to demonstrate a need or business case for the proposed modification or Collocation. 2. Upon receipt of an application for an Eligible Facilities Request pursuant to this Section, the Community Development Department shall review such application to determine whether the application so qualifies. 3. Timeframe for Review. Subject to the tolling provisions of subparagraph 4 below, within 60 calendar days of the date on which an applicant submits a complete application seeking approval under this Section, the City shall approve the application unless it determines that the application is not covered by this Subsection, or otherwise in non-conformance with applicable codes. 4. Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is fled, and may be tolled only by mutual agreement of the City and the applicant, or in cases where the Community Development Department determines that the application is incomplete: a. To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application; b. The timeframe for review begins running again the following business day after the applicant makes a supplemental written submission in response to the City's notice of incompleteness; and c. Following a supplemental submission, the City will notify the applicant within ten (10) days that if the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph (a) of this subsection. In the case of a second or subsequent notice of incompleteness, the City may not specify Ordinance 5, Series of 2018 1'GY Affordable Housing Fee -in -Lieu Increase Page 10 of 27 U missing information or documents that were not delineated in the original notice of incompleteness. 5. Failure to Act. In the event the City fails to act on a request seeking approval for an Eligible Facilities Request under this Section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The request becomes effective when the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. 6. Interaction with Telecommunications Act Section 332(c)(7). If the City determines that the applicant's request is not an Eligible Facilities Request as delineated in this Chapter, the presumptively reasonable timeframe under Section 332(c)(7) of the Telecommunication Act, as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the City's decision that the application is not a covered request. To the extent such information is necessary, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7) reviews. D. Review Procedures for Small Cell Facilities in the Public Right -of -Way. Small Cell Facilities in the Public Right -of -Way may be approved pursuant to a Master License Agreement or similar form of authorization or individually in accordance with the provisions of this subsection. 2. Within ten (10) days of receipt of the application, the Director shall provide written comments to the applicant determining completeness of the application and setting forth any modifications required to complete the application to bring the proposal into full compliance with the requirements of this Chapter. 3. The Director shall review the completed application for conformance with the provisions in this Chapter and may approve or deny an application within 90 days of the date the application is submitted for new stand-alone facilities or 60 days for facilities collocated on city infrastructure. a. To toll the timeframe for incompleteness, the City must provide written notice to the Applicant within ten (10) days of receipt of the application, specifically delineating all missing documents or information required in the application; b. The timeframe for review resets to zero (0) when the Applicant makes a supplemental written submission in response to the City's notice of incompleteness; and c. Following a supplemental submission, the City will notify the Applicant Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 11 of 27 0 • within ten (10) days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in paragraph (a) of this subsection. In the case of a second or subsequent notice of incompleteness, the City may not specify missing information or documents that were not delineated in the original notice of incompleteness. 4. Consolidated applications. The City shall allow a wireless provider to file a consolidated application for up to twenty small cell facilities and receive a single permit for the small cell network. The City's denial of any individual small cell facility is not a basis to deny the application as a whole or any other small cell facility incorporated within the consolidated application. E. General. Except for applications under subsections C and D above, pursuant to Section 26.304.020, the applicant shall conduct a pre -application conference with staff of the Community Development Department. The planner shall then prepare a pre -application summary describing the submission requirements and any other pertinent land use material, the fees associated with the reviews and the review process in general. A pre -application conference is not required, but is recommended, for Eligible Facility Requests or Small Cells in the Right - of -Way. F. Administrative review. Except for applications under subsections C and D above, after the pre -application summary is received by the applicant, said applicant shall prepare an application for review and approval by staff and the Community Development Director, respectively. In order to proceed with additional land use reviews or obtain a development order, the Community Development Director shall find the submitted development application consistent with the provisions, requirements and standards of this Chapter. G. Decision Any decision to approve, approve with conditions, or deny an application for a WCF, shall be in writing and supported by substantial evidence in a written record. The applicant shall receive a copy of the decision. H. Appeal of Director's determination. The Community Development Director may apply reasonable conditions to the approval as deemed necessary to ensure conformance with applicable review criteria in Section 26.505.080. If the Community Development Director determines that the proposed WCFs and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Community Development Director, the applicant may apply for special review (Chapter 26.430) by the Planning and Zoning Commission or, if applicable, by the Historic Preservation Commission, and such Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 12 of 27 0 0 application must be made within fifteen (15) calendar days of the day on which the Community Development Director's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. I. Historic Preservation Commission review. With the exception of Eligible Facilities Requests and Small Cell Facilities in the ROW, proposals for the location of WCFs or equipment on any historic site or structure, shall be reviewed by the Historic Preservation Commission (HPC). Review of applications for WCFs and/or equipment by the HPC shall replace the need for review by the Community Development Director. Likewise, if the Historic Preservation Commission determines that the proposed WCFs and equipment do not comply with the review criteria and denies the application or the applicant does not agree to the conditions of approval determined by the Historic Preservation Commission, the applicant may appeal the decision to the City Council, and such appeal must be filed within fifteen (15) calendar days of the day on which the Historic Preservation Commission's decision is rendered. All appeals shall require public hearings and shall be noticed by the applicant in accordance with Paragraphs 26.304.060.E.3.a, b and c of this Code. J. Building permit. A building permit application cannot be filed unless and until final land use approval has been granted and a development order has been issued. When applying for building permits, the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. K. Right of Way permit. A Right of Way permit application cannot be filed unless and until final land use approval has been granted and a development order has been issued. When applying for Right of Way permits, the applicant shall submit a signed letter acknowledging receipt of the decision granting land use approval and his/her agreement with all conditions of approval, as well as a copy of the signed document granting the land use approval for the subject building permit application. L. Special review. An application requesting a variance from the review standards for height or location of WCFs and/or equipment as set forth in this chapter (except for Eligible Facilities Requests) or an appeal of a determination made by the Community Development Director, shall be processed as a special review in accordance with the common development review procedures set forth in Chapter 26.304, and the Special Review Chapter, 26.430. The special review shall be considered at a public hearing for which notice has been posted and mailed, pursuant to Paragraphs 26.304.fl60.E.3.b and c. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 13 of 27 l . Review is by the Planning and Zoning Commission. If the property is listed on the Aspen inventory of historic landmark sites and structures or within a Historic Overlay District and the application has been authorized for consolidation pursuant to Chapter 26.304, the Historic Preservation Commission shall consider the special review. Such special review may be approved, approved with conditions or denied based on conformance with the following criteria: a. Conformance with the applicable review standards of Subsection 26.505.080. b. If the facility or equipment is located on property listed on the Aspen inventory of historic landmark sites and structures or within any historic district, then the applicable standards of Chapter 26.415 (Development involving the Aspen inventory of historic landmark sites and structures or development in an "H," Historic Overlay District) shall apply. If the facility or equipment is located on property that is subject to the Commercial Design Standards of Chapter 26.412, those applicable standards shall apply. 26.505.060 Application Contents An application for approval of new WCFs and modified or additional WCFs that are not Eligible Facilities Requests or Small Cell Facilities Requests shall comply with the submittal requirements applicable to conditional use reviews pursuant to Chapter 26.304, Common development review procedures and Chapter 26.425, Conditional uses of the Aspen Municipal Code. Also, WCFs and equipment applications shall contain at least the following additional information: A. Site plan meeting the requirements of Title 29, Engineering Design Standards (29.01.020). B. Visual "before and after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one hundred fifty (150) feet. Such plans and drawings should demonstrate compliance with the review standards of this Chapter. C. Site improvement survey including topography and vegetation showing the current status, including all utilities, easements and vacated rights of way, of the parcel certified (wet ink signed and stamped and dated within the past twelve (12) months) by a registered land surveyor, licensed in the State, which meets the requirements of Title 29, Engineering Design Standards (29.01.020). Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 14 of 27 D. Landscape plan drawn to a scale of one (1) inch equals ten (l 0) feet or one (1) inch equals twenty (20) feet, including "before and after" photographs (simulations) indicating size, spacing and type of plantings and indicating steps to be taken to provide screening as required by the review standards of this Section. The landscape plans shall also indicate the size, location and species of all existing vegetation and whether each of those indicated are proposed for removal (indicate proposed mitigation), relocation (indicate from and to) or preservation. The planner can determine if a landscape plan is necessary; for instance, when an antenna is to be attached to a building, this requirement may be waived by the Community Development Director. E. Lighting plan and photometric study indicating the size, height, location and wattage of all proposed outdoor lighting sources. This study must also include a graphic indicating backlight, up -light, and glare of light from each source/fixture. This requirement can be waived by the Community Development Director if little or no outdoor lighting is proposed. F. Prior to the issuance of the building permit, structural integrity report from a professional engineer licensed in the State of Colorado documenting the following: 1. Tower height and design, including technical, engineering, and other pertinent factors governing selection of the proposed design; 2. Total anticipated capacity of the structure, including number and types of antennas which can be accommodated; 3. Failure characteristics of the tower and demonstration that site and setbacks are of adequate size to contain debris in the event of failure; and 4. Specific design and reconstruction plans to allow shared use. This submission is required only in the event that the applicant intends to share use of the facility by subsequent reinforcement and reconstruction of the facility; and 5. Specific design considerations for impact or breakaway characteristics as required in specific roadway right of ways. G. Evidence that an effort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. H. Written documentation demonstrating a good faith effort in locating facilities in accordance with site selection order of preference outline below. I. Inventory of Existing Sites. On an annual basis at the request of the City, each applicant for a WCF shall provide to the Community Development Department a narrative description, a map, and a GIS compatible data file of the applicant's existing or currently proposed WCFs within the City, and outside of the City within one mile of its boundaries. The inventory list should identify the site name, address, and a general description of the Facility (i.e., rooftop Antennas and ground -mounted equipment). Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 15 of 27 J. Abandonment and Removal. Affidavits shall be required from the owner of the property and from the applicant acknowledging that each is responsible for the removal of a WCF that is abandoned or is unused for a period of six (6) months. 26.505.070 General Provisions and Requirements The following provisions apply to all WCFs and equipment applications, sites and uses. A. Prohibitions. 1. Lattice towers (a structure, with three or four steel support legs, used to support a variety of antennae; these towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required or where the weather demands a more structurally sound design) are prohibited within the City. 2. Towers, excluding Alternative Tower Structures and Small Wireless Facilities attached to Towers, shall be prohibited in the following Zone Districts: Medium -Density Residential (R-6); Moderate -Density Residential (R-15, R-15A, R-1513); Low -Density Residential (R-30); Residential Multi -Family (RMF, RMFA); and Affordable Housing/Planned Unit Development (AH-1/PUD); Conservation (C); Agricultural (Ag); Park (P); Open Space (OS); Rural Residential (RR). 3. All WCFs and equipment not prohibited by the preceding statements shall be allowed in all other zone districts subject to review and approval by the Community Development Director pursuant to the provisions, requirements and standards of this Chapter, including consistency with the dimensional requirements of the underlying zone district. B. Site selection. Except for Small Cell Facilities in the Public Rights -of -Way, Wireless communication facilities shall be located in the following order of preference: First: Collocated on existing structures such as buildings, communication towers, flagpoles, church steeples, cupolas, ball field lights, nonornamental/antique street lights such as highway lighting, etc. Second: In locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening. Least: On vacant ground or highly visible sites without significant visual mitigation and where screening/buffering is difficult at best. C. Historic sites and structures. In addition to the applicable standards of Chapter 26.415, all of the foregoing and following provisions and standards of this Chapter shall apply when Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 16 of 27 wireless telecommunication services, WCFs and equipment are proposed on any historic site or structure or within any historic district. D. Public buildings, structures and rights -of -way. Leasing of public buildings, publicly owned structures and/or public rights -of -way for the purposes of locating WCFs and/or equipment is encouraged. In cases where a facility is proposed on City property that is not in the Public Right -of -Way, specific locations and compensation to the City shall be negotiated in lease agreements between the City and the provider on a case -by -case basis and would be subject to all of the review criteria contained in this Section. Such agreements would not provide exclusive arrangements that could tie up access to the negotiated sites or limit competition and must allow for the possibility of Collocation with other providers as described in Section 26.505.080.13, below. 26.505.080 Design Standards The requirements set forth in this Section shall apply to the location and design of all WCFs governed by this Chapter as specified below; provided, however, that the City may waive these requirements if it determines that the goals of this Chapter are better served thereby. To that end, WCFs shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the City, consistent with other provisions of this Code. A. Camouflage/Concealment. All WCFs and any Transmission Equipment shall, to the extent possible, use Camouflage Design Techniques including, but not limited to the use of industry best practices materials, colors, textures, screening, undergrounding, landscaping, or other design options that will blend the WCF into the surrounding natural setting and built environment. 1. Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic, natural, or aesthetically significant structures or areas, views, and/or community features or facilities). In such instances where WCFs are located in areas of high visibility, they shall (where possible) be designed (e.g., placed underground, inside of existing structure, depressed, or located behind earth berms) to minimize their profile. 2. The camouflage design may include the use of Alternative Tower Structures should the Community Development Department determine that such design meets the intent of this Code and the community is better served thereby. 3. All WCFs, such as Antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non -reflective materials (visible exterior surfaces only). Coloring of welds, bands, bolts, and the like, shall be of a similar color to the main WCF. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 17 of 27 4. When located adjacent to a commercial establishment, such as a shop or restaurant, care should be taken to locate the WCF such that it does not negatively impact the business. WCFs shall not be located in -front of store front windows, primary walkways, primary entrances or exits, or in such a way that it would impede a delivery to the building. WCFs should be located between properties as much as possible. 5. When located within a city right-of-way, deployment shall not impede existing and future facilities, including sidewalks, stormwater infrastructure, water infrastructure, and electric infrastructure, and other infrastructure included in adopted city plans, inclusive of the Capital Asset Plan, and Bike-Ped Master Plan. B. Collocation. Collocation of facilities with other providers is encouraged. Collocation can be achieved as either building -mounted, roof -mounted or ground -mounted facilities. In designing or retrofitting Towers, applicants are strongly encouraged to consider the possibility of present or future co -location of other WCFs by structurally overbuilding in order to handle the loading capacity of additional WCFs, for the use of the applicant and for other wireless service providers to use as well. Applicants shall use good faith efforts to negotiate lease rights to other users who desire to use an approved WCF site. Collocation on an existing support structure shall be permitted as an accessory use. Projections of any type on the monopole, which are not antennas, are strongly discouraged. 1. Multiple use facilities are encouraged as well. WCFs and equipment may be integrated into existing, replacement of existing, or newly developed facilities that are functional for other purposes, such as ball field lights, flagpoles, church steeples, highway lighting, etc. All multiple use facilities shall be designed to make the appearance of the antennae relatively inconspicuous. 2. The collocation requirement may be waived by the Community Development Director upon a showing that either federal or state regulations prohibit the use, the proposed use will interfere with the current use, the proposed use will interfere with surrounding property or uses, the proposed user will not agree to reasonable terms, such co -location is not in the best interest of the public health, safety or welfare or collocation is not reasonably feasible from a technological, construction or design perspective. Time needed to review a collocation request shall not greatly exceed that for a single applicant. C. Setbacks. All WCFs shall comply with setback requirements. At a minimum, except for WCFs in the Public Right -of -Way all WCFs shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. 1. All WCFs (except for WCFs in the Public Right -of Way) shall be located at least fifty (50) feet from any property lines, except when roof -mounted (above the eave Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 18 of 27 • 0 line of a building) or wall mounted. Flat -roof mounted facilities visible from ground level within one -hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment, and shall comply with any applicable design requirements of Chapter 26.412, Commercial Design Review, and 26.415, Historic Preservation. Pitched - roof -mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. 2. Monopole towers (except for monopole towers in the Public Right -of -Way) shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole. 3. No WCF may be established within one -hundred (100) feet of any existing, legally established WCF except when located on the same building or structure. 4. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. 5. Any Alternative Tower Structure utilizing existing facilities shall meet all Right -of - Way design guidelines, pursuant to adopted standards in Title 21, Streets, Sidewalks, and Other Public Places, and Title 29, Engineering Design Standards. Considerations should be given to the general safety of the traveling public. D. Height. The following restrictions shall apply: 1. WCFs not attached to a building shall not exceed twenty-five (25) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. 2. Whenever a WCF antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet in height as measured from the point of attachment. 3. The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 19 of 27 !7 U 4. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). 5. Support and/or switching equipment shall be located inside a building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.505.080.F-G) below or no building exists in which to locate the equipment. E. Architectural compatibility. WCFs shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: 1. If such WCF is accessory to an existing use, it shall be constructed out of materials that are equal to or of better quality than the materials of the principal use and shall exhibit compatible architectural characteristics to the principal use. 2. WCF equipment shall be of the same color as the building or structure to which or on which such equipment is mounted, unless otherwise required by Chapter 26.412, Commercial Design Review or 26.415, Historic preservation, or as required by the appropriate decision -making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). 3. Whenever WCF equipment is mounted to the wall of a building or structure, the equipment shall be mounted or a dark, neutral tone, whichever is found to provide better camouflage, in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Variations to this standard in order to meet applicable requirements of Chapter 26.412, Commercial Design Review or 26.415, Historic Preservation, may be approved during the review. 4. Monopole support buildings, which house switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must. be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. 5. All utilities associated with WCFs shall be underground (also see "Screening" below), unless the applicant demonstrates that it is not reasonably feasible from a construction, design, and engineering perspective. F. Compatibility with the natural environment. WCFs sha l be compatible with the surrounding natural environment considering land forms, topography and other natural Ordinance 5, Series of 2018 AffordE.ble Housing Fee -in -Lieu increase Page 20 of 27 • features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three-dimensional, visual simulations of the WCF and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. 2. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. 3. Surrounding view planes shall be preserved, as required in Section 26.435.050, Mountain View Plane Review. G. Screening. All WCF equipment, including accessory equipment, shall be screened from adjacent and nearby public rights -of -way and public or private properties placing equipment internal to the structure, by paint color selection, parapet walls, screen walls, fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable in a given zone district. In addition: Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles while maintaining National Electric Safety Code clearance and/or other governing regulations, trees or other similar objects; consist of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision -making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). 2. For ground -mounted facilities, landscaping may be required dto achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. This requirement may be waived by the Community Development Director if it is determined it is not necessary or reasonably feasible. 3. Unless otherwise expressly approved, all cables for a WCF shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 21 of 27 4. All screening shall meet the requirements of applicable Historic Preservation Design Guidelines and Commercial Design Guidelines. Additionally, all fence screening shall meet the requirements of 26.575.050, Fence Materials. 5. Notwithstanding the foregoing, the WCF shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. H. Lighting and signage. WCFs shall not be artificially lighted, unless required by the FAA or other applicable governmental authority, or the WCF is mounted on a light pole or other similar structure primarily used for lighting purposes. If lighting is required it shall conform to other applicable sections of the code regulating signage or outdoor lighting. The following standards shall apply to WCFs and equipment: 1. The light source for security lighting shall feature down -directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off -site. 2. Light fixtures, whether free standing or tower -mounted, shall not exceed twelve (12) feet in height as measured from finished grade. 3. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. 4. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. I. Noise. Noise generated on the site must not exceed the levels permitted, pursuant to Title 18, Noise Abatement, except that a WCF owner or operator shall be permitted to exceed Code noise standards for a reasonable period of time during repairs, not to exceed two hours without prior authorization from the City. Additional design requirements shall be applicable to the various types of WCFs as specified below: 1. Base Stations. If an antenna is installed on a structure other than a Tower or Alternative Tower Structure, such as a Base Station (including, but not limited to the antennas and accessory equipment) it shall be of a neutral, non -reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and related facilities as visually unobtrusive as possible, including for example, without limitation, painting the Antennas and accessory equipment to match the structure. Additionally, any ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 22 of 27 • the Manager, and may, where appropriate, and reasonable feasible from a technological, construction or design perspective, require a flush -to -grade underground equipment vault. 2. Alternative Tower Structures not in the Public Right -of -Way. a. Alternative Tower Structures shall be designed and constructed to look like a building, facility, or structure typically found in the area. b. Be camouflaged/concealed consistent with other existing natural or manmade features near the location where the Alternative Tower Structure will be located. c. Such structures shall be architecturally compatible with the surrounding area; d. Height or size of the proposed alternative tower structure should be minimized as much as possible; e. WCFs shall be sited in a manner that evaluates the proximity of the facility to residential structures and residential district boundaries; f. WCFs should take into consideration the uses on adjacent and nearby properties and the compatibility of the facility to these uses; g. Compatibility with the surrounding topography; h. Compatibility with the surrounding tree coverage and foliage; i. Compatibility of the design of the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and j. Impact on the surrounding area of the proposed ingress and egress, if any. 3. Alternative Tower Structures in the Public Right -of -Way. Alternative Tower Structures and associated Small Cells, or Micro Cells may be deployed in the Public Right -of -Way through the utilization of a street light pole, distribution lines, utility poles, traffic signal or similar structure. Such facilities shall remain subject to the Alternative Tower Structures standards of approval noted above, and subject to the following additional design criteria below: a. To the extent that an Alternative Tower Structure is a vertical structure located in the Public Right -of -Way, with respect to its pole -mounted components, be located on or within an existing utility pole serving another utility; b. With respect to its pole components, such components shall be located on or within a new utility pole, if there are no reasonable alternatives, and the Applicant is authorized to construct the new utility poles; or c. To the extent reasonably feasible, be consistent with the size and shape of the pole -mounted equipment installed by communications companies on utility poles near the Alternative Tower Structure; Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 23 of 27 0 d. Be sized to minimize the negative aesthetic impacts to the Public Right - of -Way; e. Be designed such that antenna installations on traffic signal standards are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered. f. Require that any ground mounted equipment shall be located in a manner necessary to address both public safety and aesthetic concerns in the reasonable discretion of the Director, and may, where appropriate, and reasonable feasible from a technological, construction or design perspective require a flush -to -grade underground equipment vault. g. Not alter vehicular circulation or parking within the Right -of -Way or impede vehicular, bicycle, or pedestrian access or visibility along the Right - of -Way. The Alternative Tower Structure must comply with the Americans With Disabilities Act and every other local, state, and federal law and regulations. No Alternative Tower Structure may be located or maintained in a manner that causes unreasonable interference. Unreasonable interference means any use of the Right -of -Way that disrupts or interferes with its use by the City, the general public, or other person authorized to use or be present upon the Right-of-way, when there exists an alternative that would result in less disruption or interference. Unreasonable interference includes any use of the Right-of-way that disrupts vehicular or pedestrian traffic, any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare. h. The pole or structure is not more than 5 feet taller (as measured from the ground to the top of the pole) than any existing utility or traffic signal pole within a radius of 500 feet of the pole or structure. i. Any such pole shall in no case be higher than 28 feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. j. Any such pole shall be separated from any other wireless communication facility in the Right -of -Way by a distance of at least 600 feet unless deployed on an existing structure in the Public Right -of -Way. The Community Development Director may exempt an applicant from this requirement if: (i) the applicant demonstrates through technical network documentation that the minimum separation requirement cannot be satisfied for technical reasons, or (ii) the Community Development Director determines, when considering the surrounding topography; the nature of adjacent uses and nearby properties; and the height of existing structures in the vicinity, that placement of a wireless facility at a distance less than 600 feet from another wireless facility in the public right of way will meet the intent of reducing visibility and visual clutter of Telecommunications Towers. Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 24 of 27 k. To the extent reasonably feasible, Collocations are strongly encouraged to limit the number of poles within the Right -of -Way. 1. Equipment enclosures shall be located out of view as much as possible and shall comply with City criteria (e.g. sight line criteria). m. When placed near a residential property, the WCF shall be placed adjacent to the common side yard property line between adjoining residential properties, such that the WCF minimizes visual impacts equitably among adjacent properties. In the case of a corner lot, the WCF may be placed adjacent to the common side yard property line between adjoining residential properties, or on the corner formed by two intersecting streets. If these requirements are not reasonably feasible from a construction, engineering or design perspective, the applicant may submit a written statement to the Director requesting the WCF be exempt from these requirements. 4. Towers a. Towers shall be painted a neutral color so as to reduce visual obtrusiveness as determined by the City; b. Tower structures should use existing land forms, vegetation, and structures to aid in screening the facility from view or blending in with the surrounding built and natural environment; c. Monopole support structures shall taper from the base to the tip; d. All Towers, excluding Alternative Tower Structures in the Right -of -Way, shall be equipped with an appropriate anti -climbing device. 5. Director to adopt design standards: Pursuant to the powers and authority conferred by the Charter of the City, the Community Development Director shall adopt additional Small Cell Infrastructure Design Guidelines, as may be amended from time to time. Said guidelines are incorporated herein as if fully set forth and shall apply to the location and design of all WCFs governed by this Chapter. Said guidelines shall be published and at least one (1) copy of the Small Cell Infrastructure Design Guidelines shall be available for public inspection at the Community Development Department. K. Related Accessory Equipment. Accessory equipment for all WCFs shall meet the following requirements: 1. All buildings, shelter, cabinets, and other accessory components shall be grouped as closely as technically possible; 2. The total footprint coverage area of the WCF's accessory equipment shall not exceed 350 square feet per carrier; 3. No related accessory equipment or accessory structure shall exceed 12 feet in height; Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 25 of 27 0 • 4. Accessory equipment, including but not limited too remote radio units, shall be located out of sight whenever possible by locating behind parapet walls or within equipment enclosures. Where such alternate locations are not available, the accessory equipment shall be camouflaged or concealed. L. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from WCFs shall be regulated as follows: 1. No WCF shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. 2. The WCF, except for Small Wireless Facilities in the Public Right -of -Way, must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. 3. The proposed easements for ingress and egress and for electrical and telecommunications shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. M. Conditions and limitations. The City shall reserve the right to add, modify or delete conditions after the approval of a request in order to advance a legitimate City interest related to health, safety or welfare. Prior to exercising this right, the City shall notify the owner and operator in advance and shall not impose a substantial expense or deprive the affected party of a substantial revenue source in the exercising of such right. Approval by the Community Development Director for a WCF and/or equipment application shall not be construed to waive any applicable zoning or other regulations; and wherein not otherwise specified, all other requirements of this Code shall apply, including Title 21 (Street, Sidewalks, and other public places, and Title 29 (Engineering Design Standards). All requests for modifications of existing facilities or approvals shall be submitted to the Community Development Director for review under all provisions and requirements of this Section. If other than minor changes are proposed, a new, complete application containing all proposed revisions shall be required. Section 4: Any scrivener's errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. Section 5: Effect Upon Existing Litigation. This ordinance shall not affect 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 6: Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 26 of 27 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 7: Effective Date. In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become effective thirty (30) days following final passage. Section 8• A public hearing on this ordinance shall be held on the 11`h day of March, 2019, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 25`h day of February, 2019. Attest: Linda Manning, City Clerk FINALLY, adopted, passed and approved Attest: Linda Manning, City Clerk Approved as to form: James R. True, City Attorney Steven Skadron, Mayor 2019. Steven Skadron, Mayor Ordinance 5, Series of 2018 Affordable Housing Fee -in -Lieu Increase Page 27 of 27