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HomeMy WebLinkAboutresolution.council.039-21 RESOLUTION#039, (SERIES OF 2021) A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL PROVIDING APPROVAL TO AN AMENDMENT TO THE WIRELESS COMMUNICATION FACILITIES DESIGN GUIDELINES. WHEREAS, on April 28, 2021, Aspen City Council through Ordinance #003, Series of 2020 adopted the Wireless Communication Facilities Design Guidelines that provide standards and regulation for the development of wireless communications facilities; and, WHEREAS,Section 26,505.020 of the City of Aspen Land Use Code allows for the design guidelines to be amended, updated, and expanded from time to time by City Council Resolution; and, WHEREAS, City of Aspen Community Development and Engineering staff have identified a technical change necessary for the feasible installation of small cell wireless facilities and recommends an Amendment to the design guidelines to accommodate the technical necessity; and, WHEREAS,at a regularly scheduled meeting on April 27,2021, City Council considered the proposed change and by a X to X (X-X) vote, approved Resolution #039, Series of 2021, as part of the consent agenda; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety,and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Approved Change to the Wireless Communications Facilities Design Guidelines This resolution approves the following change to page 5 (Executive Summary): 4. Pole design features: b. The pole base diameter is limited to 20". Individual site conditions may require a smaller base diameter. This resolution approves the following change to page 13: 3.1 General Pole Design Standards 2. Top-mounted antennas and their enclosures shall not extend the diameter of the utility pole or wireless support structure at the level of the antenna attachment. SCFs shall be contained in a pole with a base diameter of no more than 20 inches. The maximum diameter indicated shall extend no more than five (5) feet from ground level. Above the base, the diameter of the pole shall be a maximum of 12" and tapered to a diameter of 8"at the top. Section 2: This resolution 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not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 3• If any section,subsection,sentence,clause,phrase,or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,adopted this 27th day of April,2021. Torre,Mayor ATTEST: APPROVED AS TO FORM: Nicole Henning,City •k Aamesrue,City Attorney