Loading...
HomeMy WebLinkAboutlanduse case.tu.10 Club Cir.0074.2013.ASLU0074.2013. ASLU 10 CLUB CIRCLE 2735 0230 9951 TEMP USE 4 u 9 0 LETTER OF AUTHORIZATION TO FILE LAND USE APPROVAL / ZONING APPLICATION / BUILDING PERMIT TO: City of Aspen Community Development Department 130 S. Galena St. Aspen, CO RE: Application for zoning/building permitting As owner of the property described below, I do hereby appoint AT&T and Vertical Real Estate Consulting, Inc., its agents and contractors, as authorized representatives for the purpose of filing and processing any permitting applications for the purpose of constructing a wireless communications site. I understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Authorized Agents: Liz Walker Vertical Real Estate Consulting, Inc. 7436 S. Ivy Way Centennial, CO 80112 O: 303-264-7455 John Kirby, Contractor w/Primus Software Corp. Project Manager 188 Inverness Drive West, Ste. 400 Englewood, CO 80112 Property Located at: 10 Club Circle Aspen, CO 81611 APN: 273502309951 Maroon Creek, LLC. By: Its: xM Date: (t IT l3 Site Name: Winter X Games Temporary Site 2014 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0074.2013.ASLU PARCEL ID NUMBERS 273707305006 PROJECTS ADDRESS 10 CLUB CIRCLE PLANNER SARA NADOLNY CASE DESCRIPTION TEMP USE - Cell tower REPRESENTATIVE LIZ WALKER 303 364 7455 DATE OF FINAL ACTION 12.11.13 CLOSED BY DJAMA MARTIN ON: 03/06/2014 f a 73S- 0230 9 q)7/ Permits File Edit Record Navigate Form Reports Format Tab Help I . ;x ,� _ J :> � t • � Jump _Y A o Routing Status Fees Fee Summary Main Actions Attachments Routing History Valuation Arch; Eng Custom Fields Sub Permit Parcels Permit type slu ;Aspen Land Use Permit f 0074.2013 ASLU j Address 110 CLUB CIRCLE Apt!Suite 1. 2_ 3 I CO.y SPEN State CO Zip 81611 Perms Information o I Master permit Routing queue iaslu07 Apt 11119,`2013 Project Status iperding Approved u 0 Description 2 WEEK INSTALLATION OF ATEMPOARY VARELESS FACILITY TO PROVIDE Issued SUPPLEMENTAL COVERAGE FOR THE 2014 VVINTER X GAMES. Clo%dJFina1 C Submitted ILIZ WALKER 303 364 7455 Clods Running Day I °I EVire, i111412014 Oril r Last name 114AROON CREEK CL First name 1 PFISTER DR Phone is i ASPEN CO 81611 Address Applicant Owner is applicant? [] Contractor is applicant? Last name T&T MOBILITY First name 1 1" INVERNESS DRIVE WEST 00 Phone f406i 600-2327 Cust = "5482 Adrlras� FNGI F�"dt10n C.n 80117 Lender Last name First name I Phone () Address AspenGoldS (server angelas -1 of 1 cz 0C) • NOTICE OF APPROVAL For Insubstantial Temporary Use Permit at 10 Club Circle, Legally Described as Lot 51, Maroon Creek Club Subdivision, City of Aspen, CO Parcel ID No. 273502309951 APPLICANT: Liz Walker, Vertical Real Estate Consulting, Inc. OWNER: AT&T Mobility SUBJECT & SITE OF APPROVAL: Temporary Use Permit for Lot 51, Maroon Creek Subdivision, commonly known as 10 Club Circle, involving the erection of a temporary cellular tower, known as Cell on Wheels (COW), from January 141h - January 271h, 2014, as a means of supporting AT&T cellular service during the Winter X-Games event. The Applicant is requesting an extended Temporary Use Permit of 14 days, pursuant to Land Use Code Chapter 26.450, Temporary and Seasonal Uses. SUMMARY: The Applicant has requested a Temporary Use Permit to erect a mobile cellular tower that would serve area AT&T customers during the Winter X-Games from January 141h - January 27`h, 2014. The intent is to provide additional mobile cellular and date services for the temporary increase in population for the duration of the X-Games event. The temporary trailer and tower (Cell on Wheels, aka COW) will be located in the parking lot of the Maroon Creek Club. The COW base unit will measure 14'5" in height. The telescopic mast will measure 60' in total height, with two antennas mounted on a telescopic mast at 51.6' and 57.6', respectively. A six foot temporary chain link fence will be erected around the COW, encompassing an area approximately 20'x50'. A transformer on a concrete pad a portable generator will be located inside the temporary fencing. The COW will be located in the southwest corner of the Maroon Creek Club parking lot, occupying approximately six parking spaces. This temporary facility will be in operation 24 hours a day during the requested days of use, save for January 27`h, when the COW will be disassembled and removed from the property. STAFF EVALUATION: Pursuant to Chapter 26.450, Temporary and Seasonal Uses, of the City of Aspen Land Use Code, the request has been examined in terms of Section 26.450.030, Criteria applicable to all temporary uses. Staff finds that the request of the tower is acceptable for a limited time period. The facility will have visual impacts on the surrounding area. The proposed use will have no significant impact on traffic, municipal services, or noise levels. The proposed temporary use will provide additional services to the general public during the X-Games event. The applicant has provided verification from the property owner granting permission to operate, and a determination of no hazard to air navigation from the Federal Aviation Administration. Staff approves the operation to begin on January 141h, 2014 and conclude on January 27`h, 2014. DECISION: The Community Development Director finds the request for a temporary cellular tower and accompanying trailer to be erected at 10 Club Circle as noted above and in Exhibit `A' is consistent with the review criteria found in Exhibit B, and thereby APPROVES the exemption as specified below. APPROVED BY: Y#la Chris Bendon Community Development Director Date Attachments: Exhibit A - Approved Site Plan & Elevations Exhibit B - Review Criteria Exhibit C - Application 2 Exhibit A-1 Site Plan Exhibit A-2 Elevations WY .urar T' KATrCR11 Nflf ATlf ANiD1M5 Np ATtT ANfOMYS � a � x NCw' OCN a sNaroe ON TfWtER�\ M SCCtrR^f VOM � \ NP AT&T COW 4k1.Tdt OV TRAMDt Not .10 PCRDW COOM1rI110CATION pSOC T�/PC1�MT W1 TD7. pMRMI nM.S � O T M r.c. car urc-vis 20 TAO. vWT9Ru 20 2 EAS-7 Ems' EVATION 'u'` ® 1 SOUTH ELEVATION` `cs� Exhibit B Review Criteria and Staff Findings Sec. 26.450.030. Criteria applicable to all temporary uses. When considering a development application for a temporary use or an insubstantial temporary use, the Community Development Director or City Council shall consider, among other pertinent factors, the following criteria as they or any of them, relate thereto: A. The location, size, design, operating characteristics and visual impacts of the proposed use. AT& T proposes to locate their Cell on Wheels (COW) unit on the southwest corner of Lot 51 of the Maroon Creek Subdivision, 10 Club Circle. The COW will be located in the Maroon Creek Club parking lot, occupying approximately 6 parking spaces. The body of the unit will measure 14'5" in height, with an extended telescopic mast measuring 60' in height. Two antennas will be mounted on the mast at 51'6" and 57'6", respectively. A 6' chain link fence will be erected around the unit, comprising an area of approximately 20'x50'. An on -site generator will serve as backup to the operation should power fail, with the main source of power coming from the existing maintenance facility, run to the COW by a 100 pair Telco cable, routed inside the maintenance yard between the fence and material bins, and secured to the inside of the fence by conduit clips. The unit will create a noticeable visual impact on the surrounding area due to its height, which rises approximately 30' higher than surrounding buildings, and its lack for both the body of the unit as well as the antenna mast. However, given the brief nature of the request, Staff finds this an allowable temporary use to support the area event. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The Applicant is proposing to locate the COW in the parking lot of the Maroon Creek Club. The immediate vicinity includes a private club containing a golf course, tennis courts, a fitness center, as well as nearby residential units. The mast of the proposed cell tower reaches a height of 60', whereas the buildings in the immediate vicinity are restricted to a height of 28 — 33'. Staff does not find the unit to be compatible with the character or structures in the surrounding area, nor the uses in the immediate vicinity. However, due to the temporary nature of this request (2 weeks) and its support of the Winter X Games event located at the Buttermilk ski area, Staff finds this temporary use to be acceptable. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. There are no anticipated impacts in regard to this temporary use on pedestrian and vehicular traffic, traffic patterns, municipal services, or noise levels in the immediate vicinity, unless the primary power source (the on -site maintenance building) is subject to power failure. Should a power failure occur, the on -site backup generator will be used. The COW will be located within a parking lot of the Maroon Creek Golf Course, and will occupy approximately six parking spaces for a period of 14 days. Due to the reduction in visitors to the Club during the winter season when the golf course is closed, Staff finds this criterion to be met. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. This temporary use request is for January 14`h through January 27rh, 2014, in support of the Winter X-Games event. A 14-day temporary use approval was previously granted for the 2012 and 2013 Winter X Games. This will be the third temporary use request of this nature for the Applicant. Staff expects the Applicant will continue to pursue a permanent solution for cellular coverage in this area, and will not be granted a temporary use permit at this site in the future. E. The purposes and intent of the zone district in which the temporary use is proposed. The zone district where the temporary use is proposed is known as Park (P), with Specially Planned Area (SPA) and Planned Unit Development (PUD) overlays. The purpose of the Park zone district is to provide lands for recreation use, without disrupting the uses of surrounding zone districts. Allowed uses include recreational facilities and their accessory uses. Conditional uses include recreation buildings, sport shops, restaurant facilities, maintenance buildings, and farmers' markets. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. The proposed temporary use is in the Maroon Creek Club parking lot, adjacent to nearby multi family residences. The COW will not directly interfere with the surrounding residences; however it will create a visual impact on the area as the proposed antenna mast will extend approximately 30' higher than the surrounding buildings. There have been no known changes in recent times to the zone district in which the use is proposed. Staff finds this criterion to be met. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. Enhancements may be made to the general public's health, safety and welfare in their increased ability to receive cellular signals during a time of heightened activity within the area hosting the Winter X Games. The City experiences temporary population increases at many points throughout the year, and Staff would like to see a permanent solution implemented for this issue. Staff finds this criterion to be met. 2 Written Description of Proposal and Code Compliance Maroon Creek Club — Temporary Wireless Facility Written Description of Proposal and Justification for Request AT&T Mobility is proposing to install a temporary wireless facility at the Maroon Creek Golf Course parking lot. The purpose of this temporary facility is to provide supplemental coverage for a limited 2 week period only during the 2014 Winter X Games. The Winter X Games is a special event that significantly increases traffic on the AT&T network with 18,000 to 20,000 attendees each day. In order to meet the expectations of those attending the event and residents while maintaining the safety net that wireless coverage provides with respect to emergencies, a supplement temporary facility is necessary. We understand that the City of Aspen is concerned that AT&T is not seeking a permanent solution to this problem. AT&T is seeking a permanent solution and is committed to providing an exceptional level of service for the community and visitors to the area. AT&T has installed several DAS facilities in the area and is currently working with American Tower to install a facility at Buttermilk Mountain pursuant to the Roaring Fork Broadband Coalition RFP issued in 2013. That facility is under construction. The potential for severe weather and the compressed construction timeline create obstacles to having the system fully operational at the time of the Winter X Games even with careful planning and execution. AT&T has evaluated the traffic needs for the ESPN Winter X-Games on (1/23 — 1/26) against the available capacity of the DAS site to be installed at Buttermilk pursuant to the Roaring Fork Broadband Coalition RFP. Working in conjunction with the Coalition's chosen provider, AT&T determined that a Cell on Wheels (COW) is necessary to provide the required capacity for the 20,000 daily visitors. In addition to a high total number of guests, the anticipated network traffic for this younger demographic is higher than normal due to data uploading. Without a supplemental facility, the residents and visitors to Aspen this January will face a dissatisfying experience with respect to their wireless mobile coverage. Additionally, people's safety may be compromised due to the additional traffic and network congestion. Specifically, the temporary wireless facility will occupy approximately 6 parking spaces at the Maroon Creek Golf Course. The permit being requested is for 14 days only and the facility will not exceed 60' in height. The level of impact is minor in comparison to the benefit of meeting visitor and resident wireless service expectations and the enhanced public safety that a robust wireless network provides. AT&T 2014 Winter X Games Temporary Use Application, Page 1 of 4 0 • Code Compliance Section 26.575.130 D (1). Site Plans Site plans that comply with Section 26.575 D.1 have been provided in support of this application. Section 26.575.130 D (2). Site Improvement Survey A site improvement survey has been provided in support of this application. Section 26.575.130 D (3). Landscape Plan Due to the short-term temporary nature and location of this installation, AT&T requests a waiver of this requirement. Also, the area around the temporary site location would not be appropriate for landscaping. Any temporary landscaping in the area of the temporary facility would be environmentally unsound as it would need to be removed and disposed of when the facility is decommissioned after 2 short weeks. For these reasons no landscaping is proposed. Section 26.575.130 D (4). Elevation Drawings and "before and after" Elevation Drawings have been provided in support of this application. Section 26.575.130 D (5). Lighting Plan and photometric study. No lighting is being proposed and due to the limited scope of this installation, its remote location, and a desire to minimize the aesthetic impact AT&T is requesting a waiver of this requirement. Section 26.575.130 D (6) (a) - (d). Structural Integrity. A letter confirming the structural integrity of the project will be provided upon request. A shared use facility is not being proposed. Section 26.575.130 D (7)(a). FAA Coordination AT&T has filed the sites with the FCC and the Aeronautical Studies are pending. Section 26.575.130 D (7)(b). FCC Coordination FCC filing documentation will be provided when available. Section 26.575.130 D (8). Efforts to locate on existing facility AT&T was unable to locate this installation on an existing facility as this is a temporary cellular facility. AT&T has sought locations within the county on Aspen Ski Co. property and no location is available due to the space being contractually obligated to ESPN. AT&T has approached ESPN for permission to use space, but ESPN is unable to offer space due to its own equipment needs and possible RF interference. Section 26.575.130 D (9). Signed affidavit None provided. This facility is a temporary facility dedicated to providing improved service to this property during a brief period of time for a special event. Since it is not a typical wireless facility, this requirement is not applicable. AT&T 2014 Winter X Games Temporary Use Application, Page 2 of 4 Section 26.575.130 D (10). Knowledge of Long Term Plan for City If requested by the City, AT&T is willing to discuss its long term plans. All long term planning by AT&T have been subsumed by the Roaring Fork Broadband Coalition Master Plan at this time. The DAS being installed at Buttermilk is an intermediate solution pending a full solution implementation by American Tower in response to the Roaring Fork Broadband Coalition RFP. AT&T's understanding is that the provider plans to begin construction on the permanent solution that offers greater capacity in May of 2014. AT&T does not control the timeline for when the permanent system will come on air. Also attached is an Aspen Daily News article discussing the long term plan, the RFP and the challenges the carriers have experienced in locating sites in the area. The article emphasizes the benefits of wireless service including "meet[ing] both health and safety and economic development needs..." (Page 2 of 3). Section 26.575.130 E (1). Prohibitions Lattice Towers: a lattice tower is not being proposed. The facility being proposed is a temporary wireless structure. Section 26.575.130 E (2). Site Selection Preference The proposed temporary facility will be located where existing structures provide the greatest amount of screening to minimize visual impact. Section 26.575.130 E (3). Interference The proposed facility will not interfere with any other wireless services. This site has been chosen to minimize potential interference to ESPN during the X-Games. Section 26.575.130 E (4). Airports and Flight Paths The proposed facility will not interfere with airports or flight paths. A letter of coordination with the airport has been provided as well as FAA filing documentation to evidence no interference. Section 26.575.130 E (5). Historic Sites and Structures The proposed facility will not negatively impact historic sites or structures. It is located significantly apart from Aspen's historic district. Section 26.575.130 E (6). Public Building, Structures and Right -of -Ways This facility is to be located SW corner of the Maroon Creek Club parking lot. Section 26.575.130 E (7). Co -location Collocation was not possible due to the temporary nature of this installation and the fact that the Buttermilk system is under construction on a compressed timeframe. Colocation could slow the construction process under way creating additional delays to the permanent solution. Section 26.575.130 E (8). Maintenance The proposed site will be properly maintained in a safe, clean manner. Section 26.575.130 E (9). Abandonment or Removal There is no existing facility to be removed at this time. The site will be completely removed at the end of the time period for which the site is approved. AT&T 2014 Winter X Games Temporary Use Application, Page 3 of 4 • Section 26.575.130 E (10). Conditions and Limitations AT&T shall comply with any conditions and limitations as imposed by the City. Section 26.575.130 F (1) (a) - (d). Setbacks This facility will be in compliance with all setback standards set forth. Section 26.575.130 F (2) (a) - (e). Height AT&T is requesting that the temporary wireless structure be installed at a height of 60' in order to meet the coverage objectives. The temporary nature minimizes the visual impact. Section 26.575.130 F (3) (a) - (e). Architectural Compatibility As this facility is temporary and not attached to an existing structure, no other architectural considerations are proposed. Section 26.575.130 F (4) (a) - (d). Compatibility with the Natural Environment This temporary facility will not have any impact on the natural surroundings. All existing vegetation and view planes will be preserved. This facility will comply with all FCC regulations concerning maximum radio frequency and electromagnetic frequency emissions. Section 26.575.130 F (5). Screening This temporary facility will be screened by existing structures and secured by a temporary chain - link fence. Section 26.575.130 F (6). Lighting and Signage There is a basic security light on the temporary mobile equipment unit. No other lighting or signage is proposed. Section 26.575.130 F (7). (a) — (c) Access Ways The facility will not block any access ways as it will be located within existing parking spots. AT&T 2014 Winter X Games Temporary Use Application, Page 4 of 4 Pitkin County considers eas6 rules on cell towers . Page 1 of 3 1 W , NJ i I It I I. Published on Aspen Daily News Online (http://www.aspendailynews.com) Pitkin County considers easing rules on cell towers Writer: Chad Abraham Byline: Aspen Daily News Staff Writer Towers that exceed Pitkin County's current 40-foot limit could be built starting next year in an effort to boost cell phone and broadband service and bring it to places with no coverage. County commissioners Tuesday said they are willing to consider more flexibility in the land -use code, a change aimed at enticing more cell phone carriers and companies that build towers to come to the area. With cell -phone use booming — nearly 70 percent of 911 calls to local emergency dispatchers are made from mobile devices, a county memo says — the code currently limits towers to 40 feet and mandates that they be 200 feet from a residence. The height restriction is particularly limiting for tower -building companies because a 40-foot structure only has capacity for one cellular and broadband carrier, said Lance Clarke, assistant community development director. "What we have learned definitively is that our code currently, which was a very cautious code when it was written in 2006, is really a disincentive," he said. "It just makes these folks say, `We'll spend more time in some place else because Pitkin County is really too difficult ..."' Along with Assistant County Manager Phylis Mattice, he presented eight examples of locations where new towers could be built, possibly as soon as 2014. They range from El Jebel and Snowmass Village to the Maroon Bells and east of Aspen. Those sites were identified by the American Tower Co., which was chosen in a request -for - proposals process by the county in conjunction with the valley's Broadband Coalition. The coalition includes the Aspen Skiing Co., the towns of Snowmass Village and Basalt, the Roaring Fork Transportation Authority and the U.S. Forest Service. The 40-foot limit is appropriate in some spots, but taller towers in places that already have industrial infrastructure could potentially be appropriate, Mattice said. "Our code really encourages a lot of towers that are short versus [fewer] towers that are a little taller," she said. Commissioner Steve Child said perspective is everything — up to a point. Whether a tower is 40 or 80 feet tall might not make a difference if one can't tell its true height http://www.aspendailynews.com/print/1 59822 11 / 16/2013 Pitkin County considers easrules on cell towers • Page 2 of 3 from a distance, he said. Commissioner Michael Owsley said he agreed that some changes to the land -use code are needed to meet the goal of universal wireless service. The goal meets both health and safety and economic development needs, he said. "These days people just can't be separated from their communication devices, and our economy depends on people who are tied in closely" to the gadgets, Owsley said. "Having a code that allows that to happen is the right thing to do." New towers, regardless of their height, must undergo review by the county commissioners, though Clarke suggested possibly changing that requirement for structures 40 feet or under to better lure firms that build the infrastructure. Special review by the county could be reserved for proposed towers over 40 feet, which would give the company the chance to explain the need for greater height and allow neighbors the chance to express concerns at a public hearing, he said. Commissioner George Newman said he was concerned that American Tower's proposed sites excluded the Crystal and Fryingpan river valleys, both of which he said don't have any cell service. "It looks like they're sort of taking the low -hanging fruit here, perhaps what is easiest for them ... to build and to secure contracts on," he said, "versus more of a need [for] areas that are not getting any service at all." Mattice said she pointed out those valleys to American Tower, which she said will study them for sites. County Manager Jon Peacock said there are areas in the county for which there is already a market incentive for cell service. But those areas aren't getting the service, partially because of the county's regulatory environment, he said. "However it's less likely ... that there would be the same kind of market incentives to develop the infrastructure and attract carriers to serve" remote areas, Peacock said. That could lead the county to provide additional incentives, perhaps by helping fund construction costs, to bring service to areas like Redstone and Meredith. The county could also require a company seeking to build a tower that exceeds the code to provide service to more remote places. Commissioners Rachel Richards and Rob Ittner also said they would support potential land -use code changes. But Richards said she would want to see mitigation standards, like cosmetic screening of towers and their proximity to homes, discussed when the county reviews a new tower. If a company wants to exceed the 40-foot height limit, the tower would have to move farther away from homes, Richards mused. http://www.aspendailynews.com/print/ 159822 11 / 16/2013 Pitkin County considers eas rules on cell towers • Page 3 of 3 ib "There are a lot of twists and turns in solving the problem," Mattice said. chadO)aspendailynews. com [1 J Add Image: Photo Credit with Byline: Chris Council/Aspen Daily News Photo Caption: A cellular tower disguised as a tree can be seen from Castle Creek Road, near the Castle Ridge apartment complex. County commissioners are considering allowing taller cell phone towers to enhance local coverage. archive —date: 1 day Source URL: http://www.aspendailynews.com/section/home/159822 Links: [1] mailto:chad@aspendailynews.com http://www.aspendailynews.com/print/I 59822 11 / 16/2013 9 • Code Compliance Section 26.450.030 Criteria Applicable to All Temporary Uses Maroon Creek Club — Temporary Wireless Facility A. The location, size, design, operating characteristics and visual impacts of the proposed use. The location of the proposed facility is in the SW corner of the Maroon Creek Club parking lot. Size, design, operating characteristics and visual impacts are detailed in the site plans and photo simulations provided in support of this application. B. The compatibility of the proposed temporary use with the character, density and use of structures and uses in the immediate vicinity. The proposed temporary facility will be located adjacent to existing operations structures. These structures will provide adequate screening of proposed facility. Photo simulations are provided in support of this application. Maintaining a strong communications network during busy and high demand times is absolutely critical for safety of the community and visitors to the area. C. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. The proposed temporary facility will have no impact on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels or neighborhood character. D. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure, parcel, property or location as proposed in the application. Duration of the proposed temporary use is from January 14 — January 27, 2014. E. The purpose and intent of the zone district in which the temporary use is proposed The site is consistent with the zoning of the property. F. The relation of the temporary use to conditions and character changes which may have occurred in the area and zone district in which the use is proposed. No zoning change is being proposed. This proposed location is the best site in the area to provide this critical coverage. G. How the proposed temporary use will enhance or diminish the general public health, safety or welfare. The proposed temporary use site will improve wireless coverage during the Winter X Games when in excess of 20,000 visitors per day are in the area. This site will not have a negative impact to public health, safety or welfare. Improved cellular service will enhance public health, safety and welfare because a reliable communication network is critical for maintaining access to emergency services. c A 16 N c 9 06 ti T > 3 a � Q A N O C O T J N d y H N � � N C d W � E A V tA7 X T L H T A d N C a Z d � > d n a n T C � ° t a o y 00 _ 3 d u 0t1 y c Z > �c a � W d L 0 3 C o A o > A a d r o u c > o A d H 'C O Od9 � � A VI V > « U O C � U C > a 5 d u > 3 3 A ° o � c c d O EO � m � j y A C N C A > o , t5 , o 3 Y r CJ ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: ► V00L CZCeJ�r o. O V\1 e y-' Location: to Ct,, a C:tr-6e, Acpgo o rz,=�po ndicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 'ol 35 O a 3 0 9 q 5/ k,PPLICANT: r Name: Address: I B P V r ,4 � y0 D o o Ca a l l Z. Phone #: 303 - a y -7 `-f 55 REPRESENTATIVE: Name: L I L VJ PLICE 1Z Address: 743& S. -CvAli CeA4-en-r1,/CLL CC f6117- Phone #: 3G3 - 26N - -7 465 1 YM Ut APPLIC A I ION: (please cneck all tnat apply): ❑ GMQS Exemption ❑ Conceptual PUD ® Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: 10 Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) _Fkt- "s A a u 1 j' CO ul g-L . ROPOSAL: (description of proposed buildings, uses, modifications, etc.) a W 1� Z/IS I a 0 ato r�j reIe.SS l,,vid Sueap lern w +02 Cw�rct 9,c LNG nkA X 6"arh Have you attacnen the touowmgT FEES DLTE: $ © Pre -Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 3-D Model for large project All plans that are larger than &5" X 11" must be folded. A disk with an electric copy of all written teat (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Mco ooyi Cree-K Ca Twev- Applicant: �►rfrNlah�(t�i Location: to CLtAb Cil-cIe, Zone District: P ur3 - SP A Lot Size: t,05o sgka,., Lot Area: It o 5 0 s q k 0'" (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: w tt Proposed.• Existing: fit Proposed: Existing: N.4 Proposed.• Proposed % of demolition (Historic properties only): DIMENSIONS: ?,I- C10.->'L, P,A.0PC) V-1-cd 4�r 44/vs 4e2pblo Aj Floor Area: Existing: Allowable: Proposed:_ Principal bldg. height: Existing: Allowable: Proposed:_ Access. bldg. height: Existing: Allowable: Proposed.•_ On -Site parking: Existing: Required: Proposed:_ % Site coverage: Existing: Required: Proposed:_ % Open Space: Existing: Required: Proposed.•_ Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined FIR: Existing: Required: Proposed:_ Side Setback: Existing: Required: Proposed:_ Side Setback: Existing: Required: Proposed._ Combined Sides: Existing: Required: Proposed:_ Distance Between Existing Required: Proposed: Buildings Existing non -conformities or encroachments: Variations requested: lnstu(1a02a), CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Nadolny, 970.429.2739 DATE: 11/12/13 PROJECT: Maroon Creek Club, Temporary Cell Tower APPLICANT: AT&T, Maroon Creek LLC REPRESENTATIVE: Elizabeth Walker, Vertical Real Estate Consulting, 303-264-7455, 1iz(a7,verticalrec.com TYPE OF APPLICATION: Temporary Use DESCRIPTION: The applicant wishes to install a temporary, mobile cell tower for the 2014 Winter X- Games ski season (actual event dates are January 23-26), in a parking area associated with the Maroon Creek Golf Club. A similar tower was in place in 2012 and 2013 during the duration of the Winter X Games. The 2012 tower was eligible for an administrative Community Development approval because of the short installation time. Locating the cell tower for longer than 14 days requires review by the Aspen City Council at a public hearing, which is what the 2013 tower required. City Council can approve a temporary use for up to 180 days. In 2013 the Applicant went before City Council at a duly noticed public hearing to request a temporary permit to allow the same use. At that hearing City Council instructed the Applicant to find a permanent solution to cell coverage issue. The Applicant has indicated that they are working with Pitkin County to find a permanent location for this cellular tower. If approved, the proposed tower would also require a building permit and an electrical permit. Items required for the building permit include but are not limited to: site plan, survey, HOA approval, and structural information. There are certain concerns with installation of wireless equipment that must be considered whether the antenna is temporary or not. The applicant should reference the Wireless Telecommunication Services Facilities and Equipment regulations and address relevant Application requirements and General Provisions. For instance, because the tower will be near the airport, FAA coordination and a letter of compliance from the Sardy Field Airport Administrator will be required. In addition, it must be demonstrated that the tower is located so that, if it were to fail, there is adequate setback from the highway or surrounding structures. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.450 Temporary and Seasonal Uses Review by: Staff for complete application, Council for determination Public Hearing: Yes, City Council Planning Fees: $1,300 Deposit for 4 hours of staff time (additional staff time required is billed at $325 per hour) for Council review Total Deposit: $1,300.00 Total Number of Application Copies: 10 for Council review Page 1 of 2 External Media Located Her M-026522 RMMI 0 Land Use Code link: http://www.asNnpitkin.com/Departments/Community-DevelopmentIPlanning-and-Zonin Title-26- Land-Use-Code/ Land use application link: http://www.asMnpitkin.com/Portals/0/docs/City/Comdev/Apes%2Oand%2OFees/2013 %201and%20use% 20app%20form.p4f To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 8. Existing and proposed site plan, landscaping plan, and parking plan. 9. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application. 13. All other materials required pursuant to the specific submittal requirements. 14. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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 subject to 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. y •r � x. � a�oo'csea�S?e • ��� � j • Vim-. , maul J � ! (E) TELCO H—FAME AND NOTE: TELCO BOX #0148 ALL WORK IS (E) U.N.O. T ROgO NEW 100 PAIR TELCO CABLE \ ROUTED INSIDE MAINTENANCE YARD BETWEEN FENCE AND MATERIAL BINS, SECURE CABLE TO INSIDE OF FENCE WITH CONDUIT CUPS NEW TELCO CONDUIT ON GRADE OVERALL APPROXIMATE LENGTH — 600' i H J a t 488'-3' T.O. N O T- T- T - a T T - PROPERTY LINE J NEW AT&T COW (E) PROPERTY LINE (TYP) �' LOCATION RE: C (E) PARKING LOT •yi' O f 597'-0' T.O. PROPERTY LINE NEW METER AND DISC. SWITCH AT (E) XFMR O \ GRADE RE: ELEC. O W H = AIL I � M $ \ (L (E) BUILDING O U 07 J /\ U NOR1H 1 SITE PLAN SCALE. 1 t6. 80 16 1/16- - 1.-a aut � f 188 INVERNESS DRIVE WEST SUITE 400 ENGLEWOOD. CO 80112 VERTICAL REAL ESTATE CONSULTING. INC. ;Ar':5 PREPARED %r- CSAi CHARLEE STECKLY ARCHITECTURE, Inc. ARCHITECTURE — PLANNING — DESIGN 5935 SOUTH ZANG STREET. SUITE 280 LITTLETON. COLORADO 80127 OFFICE 303.932.9974 FAX: 301932-6561 PROJECT NO: _ DRAWN BY: SGP CHECKED BY: CS A 1/10/13 CD ITAEW REV WE COMMON LICENSLRE.'O� CONSULTANT. SITE NAME: WINTER X-GAMES COW 10 CLUB CIRCLE ASPEN, CO 81611 COW SHEET TIlLF.. EXISTING & PROPOSED SITE PLAN SHEET \I. 1.IPFR'. G- at&t 188 INVERNESS DRIVE WEST SUITE 400 ENGLEWOOD. CO 80112 VERTICAL REAL ESTATE CONSULTING, INC. REFAREP 9, CSAi CHARLES STECNLY ARC NITECTURE, Inc. ARCHITECTURE - PLANNING - DESIGN 5935 SOUTH ZANG STREET, SUITE 280 LITTLETON. COLORADO 80127 OFFICE: 303.932.9974 FAX 303.932.6561 PROJECT NO: v DRAWN EiY: SOP CHECKED BY: CS A 1/10/13 CD REVE`R REV OAIE OESMPMN CNSULTAN7. �-ITF \A'.IF. WINTER X—GAMES COW 10 CLUB CIRCLE ASPEN, CO 81611 COW SHEET TITLE: ENLARGED SITE PLAN & PARKING PLAN SHFFT \LI.IBFR: C- I .1 Amikk low NEW CDMI POLE ANCHORED NEW CDMI LITE-POLE ANCHORED BY P BY PLATFORM BY PLATFORM NEW AT&T ANTENNAS NEW AT&T ANTENNAS z Z < I W J _ a � 0 r 1- O U a: L' O Q <L O O U W p W pOj 0 U � I NEW AT&T COW ° SHELTER ON TRAILER NEW AT&T COW SECURITY LIGHT SHELTER ON TRAILER 8 NEW AT&T PORTABLE GENERATOR LOCATION INSIDE TEMPORARY ++ NEW TEMP. CHAINLINK FENCE w FENCE t O _2 XX O -HI o F.G. NEW CDMI LITE-SITE 20 TEMP. PLATFORM ON RAISED BASE RE: 1 /C-3 2 EAST ELEVATION SCALE. 4' 2' 0 4 1 SOUTH ELEVATION SCALL. 4 2 0 q 1,a._1.� Ira. = 1.-0. at&t 188 INVERNESS DRNE WEST SVITE 400 ENGLEWOOD. CO 80112 VERTICAL REAL ESTATE CONSULTING, INC. LAND RFPAREE) BY- CSAi CIURlES STECKLV ARCHITECTURE, Ine. ARCHITECTURE - PLANNING - DESIGN 5935 SOUTH ZANG STREET, SLETE 280 LITTLETON. COLORADO 80127 OFFICE: 303.932.9974 FAX: 303.932.6561 PROJECT NO: _ DRAWN BY: SGP CHECKED BY: CS A 1110113 CO REflEW RN DATE aaaurnom LJCEM1SURE No: ONSULTAhT. SITE NAN.TF. WINTER X—GAMES COW 10 CLUB CIRCLE ASPEN, CO 81611 COW SHEET TTLF: ELEVATIONS SHFFT \I.;ABFR. C-2 Lease Area/Access & Utility Easements 1.56E AREA BOW A LEASE AREA LYING MIHW A PORTION OF LOT 51, NOGGIN CRED( CLLB, COIINFY OF PITION, STNE OF COLORADO. BEING YORE PARTKIAARLY OESCRIBFD AS FOLLONS: ODAENING AT THE iSIEFLY MOST CORNER OF SW LOT 51: THENCE ALONG THE SOUDINESMY LIE OF SAID LOT, S41-45141, 67188 FEET, THEKF M21-16'03i, 461.15 FEET TO THE POW OF BUINIIIG; THE ICE NNIe0 I21 5000 FEET; THENCE SBASS481 21.00 FEET, THENCE SOP06'1211, 5000 FEET; THENCE NW53'4811, 21.00 FEET TO THE POINT OF 6EpMNING. Line Legend = AIBIECT PARCEL. BDfApARY LIES SECTION LASS = AD"W PARCEL BOLICW LIES = EASOENT LINES . RIGHT OF NAY LIES ................... ROOD PLANE LIES —• •—•— _ BARBED NRE FENCE •—•—•—•— - CH NLINK FENCE = L11,600IO O ELECTRIC: LIES c s UNIXRGR0U1D GIS LINES OVERHEAD ELECTRIC LASS A g . DNDERGROM SANITARY SEINER LKS r r = UNDE1N7iaA41) TELEPHONE LINES LALOERF,ROM NATER LINES Title Report PP, PARM ee LAN) 1m£ G IARANTEE 004IPANY OROER NO: ACT62OD4844 YFEUME DATE OCTCBER 3. 2012 Legal Description LOT 51, YAROON CRffK CLUB, AS SHOWN ON THE FINAL PUT AND PUD FOR MAROON CRM CLUB, RECORDED NOWUM 15, 1993 IN PUT (TOOK M AT PAGE PLAT, STATE OF COLORADO Assessor's Parcel No. N/A Easements SEE SHffLT LS2 Geographic Coordinates as Shown 1993 110ft LATIROE 311'1279.10 IDNCM 10651'28.10 Date of Survey OCTOBER 4, 2012 Basis of Bearings THE COLOPMO STATE KAIE 00"NAIE SYAEK CENTRAL ZONE (M4083). neSS Alm TM 5.0 1: 10,000 Bench Mark GPS OBSETi1MHTION UTILIZING NGS CORS STATIONS PROCESSED UUM THE OPUS URM (LEYARON = 58125 FEET (NAVE) 88), AS SI MN Legend O CONCRETE PNEkOff AC NAIL t GROIN CO� TREE PARO4G BOLLARD DWffIEA FW POC PONT OF BECK" POINT OF COYIEXCaW DECIDWUS TRII —x— OAfRHF.JO ELECTRIC UE —�— EDGE OF ASPHALT POWER POLE fr FINISHED FLOOR — PROPERn LIE FS FINISH SURFACE ROW RIGHT OF NAY S FINE KYD WT 0 SEN R 4NNHO E FL FLDN LIE T SON POST • FOUND MOM" AS NOTED —! STREET LIGHT STMICAEIO B UND SEXTON FON NONI NT o 1EIFPHONE PEDESTAL GEOGRAPHIC LOCATION YTa TYPICAL ti GAS METER ti MINTER ALTER • NAMGATION CXROL VALVE Ar WINNER VNUE Certificate of Survey TH/S Is TO CERTIFY THAT THIS TOPOGRAPHIC MAP AND APROL£MEN7S SHOWN ARE CORRECT TO THE BEST OF NY K NONLEDC£ AND BEJJEF. JESUS A LUGO, PLS 36087 n*S DOES NOT R£PR£5£Nr A MOYUMENTFD SURVEY REFSOCE 6 MADE TO A COMA ENT FOR ITTLE KRINM4C14 NUM C1520B4644. 6SL ED ErY LAND TITLE M A U COHwAMY. AND HMHG AN EFFECTIVE RATE OF OCTDBER 3, 2D12 7HIS SLIRVEYOR HAS Will NO NAESDCATION OR NoaeuoR SEARCH FUR EASf]ENTS OF REM. ENCU1�iM4LF$ RESIRCTNE COAEWMS, OWNERSHIP TITLE EHONCE OR ANY ORER FACTS THAT AN AawATE NO CTAREHT TITLE SEARCH MAY dsCIDSE THE LESSOR'S LEGAL DESCRIPTION AND RECORD SOLIFGARY ARE SHM HEREON FOR REF90CE ONLY, 46 SIINEY' ODES NIOT fBItiMUM A EIMMARY SIMAY Of a LESSORS PROPM RELESS SERVICES PROJECT INFORMATION: WINTER X-GAMES COW 10 CLUB CIR. ASPEN, CO. 81611 COUNTY OF PITKIN LCURRENT ISSUE DATE: 10/19/12 DESIGN =REV.: DATE: ISSUED FOR: BY 0 10/10/12 SM11nTAL JT 1 10/'9/12 AD= TITLE ROPORT JT -PLANS PREPARED FOR-= CSAI* ali.lf fTlCIaY I�gf71CT\J� tom MNA01vow Far, own 4a umsnoq 00"NNNNN 8"'" ft- 41Ei,4HFS�I sti ppsN•Na1 -CON'SSUU_TENT:—— -- -- - CII L VADA SURVEYING, INC. LCa MgNea •Der. ver 0fA S AMA qn. Su4 t0 m/AAeAA W •RILL T+. (na) 4N-1a —l-do.— • (800) CALVADA (225-8232) JOB NO.12163 :DRAWN BY: CHK.:=APV.: JT JAL I JAL TOPOGRAPHIC SURVEY LS1 1 SHEET 1 OF 2 SHEETS 12163 Title Report PREPARED BY. LAND TITS GUARANTEE COMPANY ORDER NO.: AU62004844 EFFECTIVE DIVE: OCTOBER 3. 2012 Legal Description LOT 51, MAROON CREEK CLUB, AS SHOWN ON THE FINAL PUT AND PEo FOR MAROON CREEK CLUB, RECORDED NOVEMBER 15, 1993 N PUT BOO( 33 AT PAGE 4 PUT, STATE OF COLORIDO Easements 1. MIT OF PROPRIETOR OF A VEIN OR LODE TO D%INACT MID REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RFSERIED N UNITED STATES PATENT RECORDED MARCH 14. 189Z. N BOOC 55 AT PAGE 21 RECORDED AUGUST 26 1911 N ODIC 55 AT PACE 189 RECORDED AUGUST 26. 1211 14 8" 55 AT PAGE 191 RECORDED SfPTE11BER 13, 1934 IN BOOK 162 AT PAIN 4CD RECORDED AM 16, 1944 N BOOK 167 AT PAGE 50 ARID RECORDED MAY 20, 1953 N BOON 180 AT PAGE 155. (AFFECTS S BBDT MIPEBY an 6 NW A FEORABE MI)L 2. RIGHT OF WAY FOR DMHES OR COMAS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED N UNITED STATES PATENT RECORDED MARCH 14. 1892, IN BOOT( 55 AT PAGE 21 RECORDED ALT 26. 1911 IN BOOK 55 AT PAGE IO RECORDED AUGUST 26. 1911 IN BOOK 55 AT PAGE 191 RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT FADE 400 RECORDED AM 16, 1944 IN BOOT( 167 AT PACE 562 MO RECORDED MAY 20. 1953 N BOOK 180 AT PAGE 155. (AFFECTS SBWA PAWERY BILE 6 NOT A NDRNaE IW )L 3. TERMS CONDITIONS AND PRM90NS OF MAROON CREEK SUBDIVISION (SOUTH) ANENTION RECORDED FEEN I/RY 06, 1907 N BOON 41 AT ha 76. (AFFECTS SAW FIDPM BUT 6 WOT A FLDTFA LE OFY), 4. ALL MATTERS SHOWN ON ANNEXATION MAP RECORDED FEBRUARY 6 1997 UNDER RECEPTION ION NO. 401572. WFECM 91BL6f PAY CIR 6 NOT A FLDID9E M4 5. EASEMENTS. WITS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SIBECT PROPERTY RECORIIED HOLM I& I"JI IN PLAT BOOK 33 AT PAO 4 MID CORRECTION PUT DED RECORMACH 31, t994 IN PLAT 3 T B4 AT PAGE 23 NO MAP FFCOROFD SF WMBFA 27, 19-6 LOW RECEPTION N0. 397494. OW NOT AFFECT 916ECT P90PBRn. 6. MASTER DECLVNTDN OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB, NAOH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITING ANY C(AEAWIS OR RES RICIDFE& F ANY, BASED " RACE, COLOR, REUWK SEX, SEKUAL ORIENTATION, FAMILIAL STATUS. MARITAL STATUS, DISABILITY, HANDICAP. NATIONAL OR1NN, ANCESTRY, OR SOLACE OF INCOME AS SET FORTH N APPLICABLE STATE OR FiD k DAMS D(CEPT TO THE EXTENT INK SAID COVDW DR RESTRICTION IS PETMITTEO BY APPLICABLE LAY AS CONTAINED N I STRIAENT RECORDED DECO W 01, 1993, N BOON 733 AT PAGE 596 AND, AS AMENDED N INSTRUMENT RECORDED FEBRU RY 17, 1*41. N BOOB 742 AT PAGE 91 AND SECOND AMENDMENT RECORDED AINE & 1994 N BOON 752 AT PACE 754 AND THIRD M¢NONENT RECORDED DULY 19, 1994 N BOOK 755 A PAGE 853 AND AMENDED AND RESTATED TARO AMENDMENT RECORDED AAY 26, 1994 N B00C 756 AT PAGE %7 AND FOURTH AMENDMENT RECORDED SEPIEMBER 12. 19% UNDER RECEPTION N0. 396947. (AFFEC6 SAM PROPERTY BW 6 NOT A PLORABLE ITEM). 7. TERMS, CONDIRO S AND MYS 016 OF DECLARATION OF FFSTRICTTVE COVEUNTS RECORDED OEcoeER 22. 1993 N BOON 736 AT PACE 315. (D= NIT AFFECT WULF FA7PFAIn, B. TFRWS, CONDITIONS, AND PROVISIONS OF SUBDNDER'S AMBIENT AS CONTAINED N INSTRUMENT RECORDED NOVEMBER 1Z. 1993. N BOOK 730 AT PAGE 606 AND AMENDMENT RECORDED MARCH 10, 20DO MR RECEPTION NO. 44127E (AFFH.1S SBW9 PROERRY RIF 6 NOT A NORABUE ITEI 9. TERMS, CONOI10N6 AND PROPSOS OF DFBGTION A BAEHI FOR ROADS RECORDED NOVDMBER I Z 1993 N BOO( 730 AT PAGE 662. MOBS NOT *M ROM FNIORRM 10 TERMS, CONDITIONS AND PRONSDNS OF PUBUC ACCESS EASEMENT RECORDED NOVEMBER 12, 1983 N BOOK 730 Al PAGE 655. (DQ$ NOT AFFIXT 586E WPE RM IL TERMS, CONNORS AD PROVISIONS OF RESIAUTION NO. 93-104 RECORDED AUGUST 13, 1993 N BOOK 721 Al PAGE 245. (CIRCUS 96ECT PIOPEREY CIR 6 IV A ROTME MfjL 12 TERMS. CONDITIONS AND PROVISIONS OF AVIATION EASEMENT RECORDED NOVEMBER IZ. 1993 IN BOOK 730 AT PAGE 690. WMIS SBW.T PRINIM BUT 6 WIN A F MIW RBI). 13. TERMS. CONDITIONS AND PROVISIONS OF WATER SERVICE AMDeff RECORDED NOVEMBER 15. 1993 N BOON 730 AT PAGE 797. WFWS IBM gDPEARY BUT 6 NDT A Kffr BE REM). 14. TOM, CONDITIONS AND PROVISIONS OF ASSKNMENT AND DESIGNATION OF 9ULCESSIOR DECLARANT RECORDED MAY 11. 1994 N BOON 750 AT PAGE 242. (AFFECTS S O= Pug" BUT 6 NOT A R(RIAaE M04 15, TERMS, 00"DIIION5 AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21, 1997 AT FQ'EPIION ND. 401986. (AFECTS SAM6.T PROPERTY BUT 6 NOT A NDITAaE OEM} I& TOW CONDITIONS AND PROASDNS OF TRENCH, CONDUIT, AND VAULT AGREEMENT GRANTED TD HOLY CROSS ELECTRIC ASSOCIATION RECORDED 1AY 11, 1994 A RECEPTION NO. 371946. (/TRESS SIJUV PROPERTY BUT 6 NOT A PLDRAAE BEM). 17. TERMS, CONDITIONS AND PROVISIONS OF ASSIOOENT OF ROAM MMANTFNIAID£ AGREEMENTS RECOFM SEP1ODQt 03, 1996 A RECUMON NO. B6644 (WFMIS SIBW P 00W CIE 6 NOT A FL01TAaE M I& TERMS, CONDITIONS AND PROVISIONS OF INSU&STANTYL POD AMENDMENT RECORDED DECEMBER 19, 1996 AT REOPIION N0. m29. (A wis 96W.T POPEIQY an 6 NOT A FIOITAHE BaQ. 19. TERNS, WOOS AND MWICNS OF CRDRMNCEj 34, SERIES OF 1996 RECORDED FEBRUARY 21. 1997 Al RECE1`11014 NO. 401985. (AFFECTS SIBW PROPERTY BUT 6 NOT A NOOaE REM). 20. TERMS, COIDIHOS 40 PROVISIONS OF ORDONADEF 40, SERIES OF 1996 RECORDED APRIL 06. 1997 AT RECEPTION 140. 403224. (AFSYS SIBECT PROPERTY BUT IS WT A KormE M Easements 21. TENS, C0100gN5 AND PROVISIONS OF ARFEENT RECORDED SEPTEMBER 22, 1999 AT RECIPIYN NO. 435797. (AFFECIS SAW PRBERTY BUT 6 NUT A PLOrME MO. 22, TOW. MINIONS AND PROVISIONS OF RESOLUTION NO. 24 RECORDED MAY 04. 1998 AT RECEPTION MD. 416475, OFFIGCIS SIBW.T PINY OW 6 NOT A PIDTEW IT%- 23. EASEMENTS MD ROM OF NAY AB GRANTED TO IDLY CROSS ELECTRIC ASSOCIATION, INC. N INSTRUMENT RECORDED DECEMBER & 19" UNDER Ff:WTION NO. 438383. (W S NOT AFFECF slaw FFDPUITA 14. TOW. CONDITIONS AND PROVISIONS OF CONTRACT FOR SERVICE fEOORDED FEBRUARY 01, 2000 AT RECEPTION N0. 41 M. WFEOTS SIB6f FRWM MA 6 NOT A Hi)IME RBI)L 25. TERMS, CM906 AND PROVISIONS OF MEMMORANDIIM RECORDED NOVEMBER 16, 2001 AT REMMON NO. 46D923. (NFEL15 SLAW FROP9TIY NR 6 NOT A P MVW REA), Z& ELSBMNFS, RIGHIS OF NAY AVID ALL MATTERS SEDNN ON THE HARMONY ROAD PUT RECORDED AUGUST 9. 200E UNDER RECEPTION NO. 47080& 0DMkW RUEfBE), 27. TENNIS, CONDITIONS A10 PROMSDNS OF EASEMENT AGREEMENT RECORDED MARCH 05, 2003 AT IEQPTION NO. 479574. (NFIECIS ABET FRMUM aB 6 MDT A PUOrMU Mo. 28. TOW, CONDITIONS AD PAOM90NS OF HOLY CROSS E]NFRGY RIGHT OF WAY EtYMENT RECORDED WARO4 I& 2006 AT RECEPTION NO. 521924, (BES NOT AFFECT SMBFCf 141101FU n. 29. TOW , CONDITIONS D PRONSOKS OF UW OF EASEMENT RECORDED NOVEMBER 03, 2008 AT RECEPTION NO. 55W. WFEM SAM PROFRIY NFE 6 NOT A NdRaE OEMI} 30. DEED OF TK67 DATED FEBRRNRY 0& 2011 FROM MAROON CREEK LAMED LABILITY OOPANY, A COLORADO LAMED LNBl11Y COMPANY TO THE RMJC TRUSTEE OF NINON COUNTY FOR THE USE OF WCFRA GAIN COLORADO, NA TO SECURE THE SUM OF t3.000,000.00. AND ANY OTHER AMDuNES PAYABLE UNDER THE TERMS THEREOF. RECORDED FEBRUARY 06, 2012, UNDER RECEPTION NO. 5116526. (AFFECTS ROM RVEIOY NIT 6 WIDE A PI"W OBI). 31, FNADMD STATEMENT WIN YECTRA RAN MORA00. THE SECURED PARTY, RECORDED FEBRUARY 10, 201z UNDER RECEPTION NO 5866M. SAD DEED OF TRUST WG FIRIHER SEDAM BY ASS"IENR GE RENTS RECORDED FEMARY 06, 2012. UNDER RECEPTION NO. 586627. (AFf>'S6 SBWVT PICPERTY NEE 6 NOT A PUMVIBEE RBI). 32. DEED OF TAUT DATED OOroffR 15, 1997 FEW k4k" CREEK LIMITED LHBLRY COMPANY. A COLORADO UNITED LMeuTY COMPANY M THE PUBLIC TRUSTEE OF PITON COUNTY FOR THE USE OF TE) RON FNANCYL CORPORATION TO SECURE THE SON OF 115,00D.000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBTR 15. 1907, UNDER RECEPTION NO. 409454. AMBpENT AGREEMENT N CONECIION WITH SAD DEED OF TRUST WAS RECORDED MAY 20. 1999. UNDER RECEPTION NO. 4313A. AMENDMENT AGREEMENT N CONECTON WITH SAID DEED OF TRUST WAS RECORDED AUGUST 31, 1999, UNDER RECEPTOR NO, 435077. AMENDMENT AGREEMENT N CONNECTION WITH S41D DEED OF TRUST WAS RECORDED APRIL 04. 2002. UNDER RECEPTION NO. 46596.3. SAID DEED OF TRUST WAS FURTHER SECURED BY ASZMMENT OF RENTS RECORDED OCTOBR 15, 1997. UNDER RECEPTION NO. 409455. (/OFFER seer FROPIERN BUT 6 NDN A ROME NEW). 33. DEED OF TRUST DATED NI)VEMBER 12 1996 FROM MAROON CREEK uNm UABNTY CODA Y, A OOARADO CONED UABNTY COMPANY TO THE N161C TRUSTEE OF MO COUNTY FOR TIE ICE OF CAROLM FIRST BAN TO SECURE TIE SUM OF 14pD =00, AND ANY DIM AMOUNTS PAYABLE UNDER THE TERMS TEEREOF. RECORDED NOVEMBER 27, 1996. NO RECEPTION NO. 399476, (AIM ROM PROPERTY CIR 6 WIDE A FU UAILE REM). 34. OEEDD OF TRUST WE OCIOBER OB. 1996 FROM MAROON CREEK LIMITED LMBl1FY COFANi, A COLORADO UNITED LIABILITY COFW TO THE RIBI1C TRUM OF RTKIN COUNTY FOR THE USE OF CARCKJWA FRET BAN( TO SECURE THE SLIM OF 14,MODD.00, AID ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCT(BER 16. 19K UNDER RECEPTION NO. 398113. (FFWS SAW PROPEWIY BUT 6 IV A R"A E IBM} RELESS SERVICES :PROJECT INFORMATION: WINTER X-GAMES COW 10 CLUB OR. ASPEN, CO. 81611 COUNTY OF PITKIN :CURRENT ISSUE DATE: 10/19/12 -ISSUED FOR: DESIGN =REV.:=DATE:=ISSUED FOR: BY:= 0 10/10/12 suewrrK JT 1 10/19/12 ADDED TITLE REPORT JT :PLANS PREPARED FOR = CSA1 ceMLFeR.LTLa ancPar FMwicRrEscTEFR�, R17WI WWAMraA�aelMa, W4wn,WW LrrnnoL4aaloaro NMa M�a� rMMYM ti <tiA CONSULTANT: CAL VADA SURVEYING, INC. L.. Anq<i ea • Deg ver ant s AA... ILq. 5a '® El- W ron1 m-.. (no) - - 10. (120) 4e11-13M V -.Ivcd-- • (Boo) CALVADA (225-8232) JOB NO.12163 =DRAWN BY: CHK.:=APV.: JT JAL I JAL =LICENSJRE. ::SHEET TITLE: TOPOGRAPHIC SURVEY ::SHEET NUMBER: REVISION:_ LS2 1 SHEET 2 OF 2 SHEETS 12163 • 0 Land Title Guarantee Company CUSTOMER DISTRIBUTION Date: 10-11-2012 Property Address: 10 CLUB CIR ASPEN CO 81611 VERTICAL REAL ESTATE CONSULTING INC. 7436 S IVY WAY CENTENNIAL, CO 80112 Attn: LIZ WALKER Phone: 303-264-7455 Copies: t Mail: liz@Dveilicalrec.com Sent Via EMail Our Order Number: ACT62004844 If you have any inquiries or require further assistance, please contact Commercial Title - Linda Stafford -- Phone: 303-850-4180 Fax: 303-393-4824 Form DELIVERY. LP • • Form PIB/ORT I LTG Policy No. LTAQ62004844 I CELL TOWER INFORMATION BINDER Our Order No. ACT62004844 Liability: $75,000.00 Fee: $750.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES VERTICAL REAL ESTATE CONSULTING INC. herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of October 03, 2012 at 5:00 P.M. 1. Title to said estate or interest at the date hereof is vested in: MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company • 0 Form PIB/ORT I LTG Policy No. LTAQ62004844 I Our Order No. ACT62004844 3. The land referred to in this Binder is situated in the State of Colorado, County of PITKIN described as follows: LOT 51, MAROON CREEK CLUB, AS SHOWN ON THE FINAL PLAT AND PUD FOR MAROON CREEK CLUB, RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4, PLAT, STATE OF COLORADO 4. The following documents affect the land: 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 MARCH 14, 1892, IN BOOK 55 AT PAGE 21, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 189, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191, RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT PAGE 400, RECORDED JUNE 16, 1944 IN BOOK 167 AT PAGE 562, AND RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155 2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 14, 1892, IN BOOK 55 AT PAGE 21, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 189, RECORDED AUGUST 26, 1911 IN BOOK 55 AT PAGE 191, RECORDED SEPTEMBER 13, 1934 IN BOOK 162 AT PAGE 400, RECORDED JUNE 16, 1944 IN BOOK 167 AT PAGE 562, AND RECORDED MAY 20, 1953 IN BOOK 180 AT PAGE 155 TERMS, CONDITIONS AND PROVISIONS OF MAROON CREEK SUBDIVISION (SOUTH) ANNEXATION RECORDED FEBRUARY 06, 1997 IN BOOK 41 AT PAGE 76. 4. ALL MATTERS SHOWN ON ANNEXATION MAP RECORDED FEBRUARY 6, 1997 UNDER Land Title Guarantee Company Representing Old Republic National Title Insurance Company LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4. The following documents affect the land: (continued) RECEPTION NO. 401572. 5. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF SUBJECT PROPERTY RECORDED NOVEMBER 15, 1993 IN PLAT BOOK 33 AT PAGE 4 AND CORRECTION PLAT RECORDED MARCH 31, 1994 IN PLAT BOOK 34 AT PAGE 23 AND MAP RECORDED SEPTEMBER 27, 19% UNDER RECEPTION NO. 397484. MASTER DECLARATION OF PROTECTIVE COVENANTS FOR MAROON CREEK CLUB, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 02, 1993, IN BOOK 733 AT PAGE 598 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 17, 1994, IN BOOK 742 AT PAGE 83 AND SECOND AMENDMENT RECORDED JUNE 8, 1994 IN BOOK 752 AT PAGE 754 AND THIRD AMENDMENT RECORDED JULY 19, 1994 IN BOOK 755 AT PAGE 883 AND AMENDED AND RESTATED THIRD AMENDMENT RECORDED JULY 26, 1994 IN BOOK 756 AT PAGE 597 AND FOURTH AMENDMENT RECORDED SEPTEMBER 12, 1996 UNDER RECEPTION NO. 396947. 7. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF RESTRICTIVE COVENANTS RECORDED DECEMBER 22, 1993 IN BOOK 736 AT PAGE 335. 8. TERMS, CONDITIONS, AND PROVISIONS OF SUBDMDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 12, 1993. IN BOOK 730 AT PAGE 606 AND AMENDMENT RECORDED MARCH 10, 2000 UNDER RECEPTION NO. 441279. 9. TERMS, CONDITIONS AND PROVISIONS OF DEDICATION AGREEMENT FOR ROADS RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 662. 10. TERMS, CONDITIONS AND PROVISIONS OF PUBLIC ACCESS EASEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 655. 11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 93-104 RECORDED AUGUST 13, 1993 IN BOOK 721 AT PAGE 245. 12. TERMS, CONDITIONS AND PROVISIONS OF AVIGATION EASEMENT RECORDED NOVEMBER 12, 1993 IN BOOK 730 AT PAGE 690. 0 n U Form PIB/ORT 4. The following documents affect the land: (continued) LTG Policy No. LTAQ62004844 Our Order No. ACT62004844 13. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED NOVEMBER 15, 1993 IN BOOK 730 AT PAGE 797. 14. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT AND DESIGNATION OF SUCCESSOR DECLARANT RECORDED MAY 11, 1994 IN BOOK 750 AT PAGE 242. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401986. 16. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT, AND VAULT AGREEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION RECORDED JULY 11, 1994 AT RECEPTION NO. 371946. 17. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF ROAD MAINTENANCE AGREEMENTS RECORDED SEPTEMBER 03, 1996 AT RECEPTION NO. 396644. 18. TERMS, CONDITIONS AND PROVISIONS OF INSUBSTANTIAL PUD AMENDMENT RECORDED DECEMBER 19, 1996 AT RECEPTION NO. 400129. 19. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 34, SERIES OF 1996 RECORDED FEBRUARY 21, 1997 AT RECEPTION NO. 401985. 20. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 40, SERIES OF 1996 RECORDED APRIL 08, 1997 AT RECEPTION NO. 403224. 21. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 22, 1999 AT RECEPTION NO. 435797. 22. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 24 RECORDED MAY 04, 1998 AT RECEPTION NO. 416475. 23. EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED DECEMBER 8, 1999 UNDER RECEPTION NO. 438383. 24. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR SERVICE RECORDED FEBRUARY n U Form PIB/ORT LTG Policy No. LTAQ62004844 Our Order No. ACT62004844 4. The following documents affect the land: (continued) 01, 2000 AT RECEPTION NO. 440028. 25. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM RECORDED NOVEMBER 16, 2001 AT RECEPTION NO. 460923. 26. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE HARMONY ROAD PLAT RECORDED AUGUST 9, 2002 UNDER RECEPTION NO. 470808. 27. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED MARCH 05, 2003 AT RECEPTION NO. 479574. 28. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ENERGY RIGHT OF WAY EASEMENT RECORDED MARCH 16, 2006 AT RECEPTION NO. 521824. 29. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED NOVEMBER 03, 2008 AT RECEPTION NO. 553987. 30. DEED OF TRUST DATED FEBRUARY 06, 2012 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF VECTRA BANK COLORADO, N.A. TO SECURE THE SUM OF $3,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED FEBRUARY 06, 2012, UNDER RECEPTION NO. 586526. 31. FINANCING STATEMENT WITH VECTRA BANK COLORADO, THE SECURED PARTY, RECORDED FEBRUARY 10, 2012, UNDER RECEPTION NO. 586635. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED FEBRUARY 06, 2012, UNDER RECEPTION NO. 586527. 32. DEED OF TRUST DATED OCTOBER 15, 1997 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXTRON FINANCIAL CORPORATION TO SECURE THE SUM OF $15,000,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409454. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 20, 1999, UNDER RECEPTION NO. 431337. U I LTG Policy No. LTAQ62004844 Form PIB/ORT Our Order No. ACT62004844 4. The following documents affect the land: (continued) AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 31, 1999, UNDER RECEPTION NO. 435077. AMENDMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 04, 2002, UNDER RECEPTION NO. 465963. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF RENTS RECORDED OCTOBER 15, 1997, UNDER RECEPTION NO. 409455. 33. DEED OF TRUST DATED NOVEMBER 12, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED NOVEMBER 27, 1996, UNDER RECEPTION NO. 399476. 34. DEED OF TRUST DATED OCTOBER 08, 1996 FROM MAROON CREEK LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CAROLINA FIRST BANK TO SECURE THE SUM OF $4,900,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED OCTOBER 16, 1996, UNDER RECEPTION NO. 398113. NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT. NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24-65.5-103. VERTICAL i 0 estate consulting, inc, November 16, 2013 Ms. Sara Nodolny - City of Aspen 130 S. Galena Street, 3`a Floor Aspen, CO 81611 RE: 2014 Winter X Games RECEIVElf 1A FEDERAL EXPRESS NOV 18 2013 CITY OF ASPEN CO M1INITY DEVELOPMENT Request for Temporary Permit for Wireless Facility at Maroon Creek Dear Ms. Nodolny: This is application is a request to locate a temporary wireless facility at the Maroon Creek Golf Course, 10 Club Circle, Aspen, Colorado for a 14 day period (1/14/2014 — 1 /27/2014). Please accept the application fee and attached documents for review by the City of Aspen Community Development Department. Enclosed please find the following: • 1 copy of the fee agreement • A check for the initial application fee/deposit • 10 copies of all other materials provided in support of this application AT&T has evaluated the traffic needs for the ESPN Winter X-Games on (1 /23 —1 /26) against the available capacity of the DAS site being installed at Buttermilk pursuant to the Roaring Fork Broadband Coalition RFP. Working with the Coalition's chosen provider American Tower, AT&T determined a Cell on Wheels (COW) is needed to provide the capacity for the 20,000 daily visitors. Additionally, the anticipated network traffic for this younger demographic is higher than normal due to data uploading. The intermediate solution therefore does not provide the robust coverage needed. The COW's placement at the golf course doubles the capacity of the DAS under construction. Without a supplemental facility, residents and visitors face a dissatisfying wireless mobile experience this January. Additionally, people's safety may be compromised due to the traffic on the network. We respectfully and sincerely regret that the development of a sufficient network is taking longer than we all would like. Regardless, AT&T is committed to providing Aspen with an exceptional network wireless mobile experience for residents and guests. The COW is an integral part of that commitment. Thank you for your consideration of AT&T's request. Please let me know if you require anything further. My contact information is provided below. Sincerely, Lialker 303-264-7455 CC: Ken Malin, AT&T Mobility 7436 S. IVY WAY • CENTENNIAL, CO 801 12 • 303-264-7455 • LIZaVERTICALREC.COM 0 0 LETTER OF AUTHORIZATION TO FILE LAND USE APPROVAL / ZONING APPLICATION / BUILDING PERMIT TO: City of Aspen Community Development Department 130 S. Galena St. Aspen, CO RE: Application for zoning/building permitting As owner of the property described below, I do hereby appoint AT&T and Vertical Real Estate Consulting, Inc., its agents and contractors, as authorized representatives for the purpose of filing and processing any permitting applications for the purpose of constructing a wireless communications site. I understand that the application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Authorized Agents: Liz Walker Vertical Real Estate Consulting, Inc. 7436 S. Ivy Way Centennial, CO 80112 O: 303-264-7455 John Kirby, Contractor w/Primus Software Corp. Project Manager 188 Inverness Drive West, Ste. 400 Englewood, CO 80112 Property Located at: 10 Club Circle Aspen, CO 81611 APN: 273502309951 Maroon Creek, LLC. By: Its: Date: I Site Name: Winter X Games Temporary Site 2014 U L� Date: November 21, 2013 THE CITY OF ASPEN Land Use Application Determination of Completeness Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0074.2013.ASLU — 10 Club Circle, Temporaa Use Your Land Use Application is incomplete: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. 1. Temporary Use Criteria. Written response to section 26.450.030, Criteria applicable to all temporary uses, need to be submitted. 2. Current proof of ownership. A title report or ownership and encumbrance report that is no older than 6 months from the date of submission is required. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. 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. 4eT'ou, nnifer Ian, Deputy Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No_)K— GMQS Allotments Yes No Qualifying Applications: New SPA New PUD Subdivision, SPA, or PUD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging