HomeMy WebLinkAboutFile Documents.75 Prospector Rd.0109.2017 (6).ACBK COL04136 LTE 2C
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"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 i.
provisions of the Iand 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 C.
an exemption, extension, reinstatement, or a revocation is issued by City Council'pursuant to Section
26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect,
excluding any growth management allotments granted pursuant to Section 26.470,but shall be subject to
any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site-specific development
plan as described below.
Aspen Highlands Condominium Association,Inc.,75 Prospector Rd,Aspen CO 81611.
Property Owner's Name,Mailing Address
Aspen Highlands Condominiums Phase I, PID # 273514213802, commonly known as 75 Prospector
Road,Aspen CO 81611.
Legal Description and Street Address of Subject Property
The applicant has received approval to replace three four-foot panel style antennas attached to the
building's existing cupola with three new four-foot panel style antennas with attached remote radio
heads.
Written Description of the Site-Specific Plan and/or Attachment Describing Plan
Administrative Notice of Approval per the Community Development Director on April 21,2017.
Land Use Approval(s)Received and Dates(Attach Final Ordinances or Resolutions)
April 27,2017
Effective Date of Development Order (Same as date of publication of notice of approval.)
April 28,2020
Expiration Date of Development Order(The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal
Code.)
Issued this 21st day of April,2017,by the City of Aspen Community Development Director.
A
Jessica Garrow, Comjnunity Development Director
RECEIVED
11/7/17
ASPEN
BUILDING DEPARTMENT
r- I
II
NOTICE OF APPROVAL
For Wireless Telecommunications Services Facilities and Equipment
for the property at 75 Prospector Road,
legally described as Aspen Highlands Condominiums Phase 1
City of Aspen, Colorado
• Parcel ID Numbers: 273514213802
APPLICANT: AT&T, represented by Laura Castro for Black & Veatch
5 Peters Canyon Rd, Ste 300
Irvine, CA 92821
SUBJECT & SITE OF
AMENDMENT: Aspen Highlands Condominiums,Phase 1
Common Area
75 Prospector Road,Aspen CO 81611 f
SUMMARY: The applicant is proposing to replace three existing four-foot panel antennas with
three new four-foot panel antennas equipped with remote radio heads.
REQUESTED REVIEW:
• Wireless telecommunication services facilities and equipment per Section 26.575.130
related to a request for the replacement of equipment on the roof of the Aspen Highlands
Condominiums,Phase 1. The Community Development Director may approve, approve.with
conditions,or deny this request based on the criteria found in Exhibit B to this memo.
STAFF EVALUATION: Pursuant to Section 26.575.130,Wireless telecommunications services
facilities and equipment must comply with a list of general provisions and review standards. These
requirements seek to ensure the placement of facilities are discreet as possible and compatible with
surrounding development.
The three panel antennas with attached radio heads are proposed to replace three.existing panel
antennas on the rooftop cupola of the Aspen Highlands Condominiums Phase 1 building. The
panel antennas measure four feet in size and will be mounted'vertically to the cupola.
Generally, panel antennas may not exceed five (5) feet above the highest portion of a roof;
however,the code allows the Community Development Director to approve a taller antenna height
if it is determined that the equipment is suitably camouflaged. In this instance,the antennas will
replace existing equipment attached to an existing rooftop cupola, and are nearly flush at their
mounting point. This placement, combined with painting the antenna to match the structure,will
significantly reduce visual impact.
All support and/or switching devices shall be stored interior to the building at 97 Prospector Rd.
No lighting or signage (other than the required telephone contact numbers) is proposed through
this plan. For Staff's response to the review criteria see Exhibit B. !
RECEIVED
1 11/7/17
ASPEN
BUILDING DEPARTMENT 9.
The applicant has submitted a structural opinion letter from structural engineer Shawn D. Cook of
Accelerated Tower Engineering (Exhibit C). Per his analysis of the existing equipment, the
existing structure is sufficient to support the proposed equipment.
DECISION: The Community Development Director finds the application for Wireless
Telecommunications Facilities and Equipment, as noted above, to be consistent with the
review criteria(Exhibit B) and thereby,APPROVES the request.
APPROVED BY:
lk"\n() 70) 701q.
)1612fri61,T sica G o ; Community Development Director Date
Attachments:
Exhibit A: Equipment Locations(recorded)
Exhibit B: Staff Findings (in file)
Exhibit C: Application (in file)
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RECEIVED
2 11/7/17
ASPEN
BUILDING DEPARTMENT
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G'LQL10 wIliri 10 s10 rY1.7 nIISSK3 Je 40_ ASPEN
°`1'
BUILDING DEPARTMENT
•
Exhibit B
Staff Findings
26.575.130.F Review standards. The following standards are designed to foster the City's safety
and aesthetic interests without imposing unreasonable limitations on wireless telecommunication
services facilities and equipment:
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.
Staff Response: The proposed equipment will replace the existing wireless
telecommunications equipment at the building's rooftop. The new antennas will be flush
mounted on existing cupolas and will also be painted to match the structure. Staff finds
this criterion to be met.
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.
Staff Response: The applicant is not proposing any monopole towers with this request.
Staff finds this criterion to be not-applicable.
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.
Staff Response: The wireless telecommunication equipment is proposed to replace
equipment already found on the building's roof Staff finds this criterion to be met.
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.
Staff Response: No portion of any antenna array is proposed to extend beyond the
property lines or into the front yard of the subject parcel. Staff finds this criterion to be
met.
2. Height. The following restrictions shall apply: E
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RECEIVED•
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ASPEN
BUILDING DEPARTMENT
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.
Staff Response: All proposed wireless equipment will be attached to existing cupolas on
the building. Stafffinds this criterion to be met.
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.
Staff Response: The proposed antennas will be attached to existing cupolas rather than
directly to the building's roof Stafffinds this criterion to be not-applicable.
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.
Staff Response: The proposed antennas will replace existing antennas, in the same
location. As previously mentioned, the antennas are not attached to the roof but rather
to existing cupolas. They will be flush-mounted to the extent possible, and painted to
match the structure to which they are attached. Staff feels the antennas will be suitably
camouflaged, and finds this criterion to be met.
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).
Staff Response: Staff feels that the antennas will be suitably camouflaged in the
proposed location. Stafffinds this criterion to be not-applicable.
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.
Staff Response: All support equipment is proposed to be installed in a leased space inside
of the building. Stafffinds this criterion to.be met.
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.
Staff Response: The proposal involves replacing equipment with new equipment that is
attached to the existingstructure. The equipment is minimal, and does not require a
q
tower or housing facility. Stafffinds this criterion to be not-applicable.
RECEIVED
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ASPEN
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BUILDING DEPARTMENT
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• 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).
Staff Response: The applicant has indicated the intent to paint the equipment the same
color as the structure to which they will be attached. Staff finds this criterion to be met.
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.
Staff Response: The panel antennas are proposed to be mounted to nearly flush to an
existing chimney. Stafffinds this criterion to be met.
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.
Staff Response: There are no monopole support buildings associated with this proposal.
Staff finds this criterion to be not-applicable.
e) All utilities associated with wireless communication facilities or equipment shall be
underground(also see "Screening" below).
Staff Response: Utility lines will be underground and tied to existing services. Staff
finds this criterion to be not applicable.
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.
Staff Response: The proposed antennas are located on a building that is adjacent to the
Highlands ski area. However,given the scope of the project, with the antennas and radio
heads to be mounted onto existing cupolas(and replacing existing panel antennas),Staff
waives the requirement for a computerized, three-dimensional representation of the
antenna. Staff finds this criterion to be not-applicable.
RECEIVED
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ASPEN
BUILDING DEPARTMENT
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.
Staff Response: The proposed equipment will be located inside of the building and on
existing cupolas extending from the roof Staff expects there will be no site disturbance
associated with the installation of the proposed wireless equipment. Staff finds this
criterion to be not applicable.
c) Surrounding view planes shall be preserved to the extent possible.
Staff Response: There are no codified view planes affected by'the proposed wireless
equipment. The proposed exterior equipment is minimal and will be painted to be
camouflaged to the extent possible. Staff anticipates the proposed wireless antennas will
have a nominal impact on views. Stafffinds this criterion to be met.
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.
Staff Response: The applicant is required to maintain compliance with this requirement
at all times. Stafffinds this criterion to be conditionally met.
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 burning 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 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).
Staff Response: There are no monopole antennas associated with this request. Staff
finds this criterion to be not-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.
Staff Response: There are no ground-mounted facilities associated with this request.
Stafffinds this criterion to be not-applicable.
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
RECEIVED
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• BUILDING DEPARTMENT
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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.
Staff Response: There are no ground-mounted facilities associated with this request.
Staff finds this criterion to be not-applicable.
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.
Staff Response: The applicant is not proposing any chain link fencing,or any other type
of fencing, with this request. Staff finds this criterion to be not-applicable.
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.
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.
Staff Response: There is no lighting associated with this request. Staff finds this
criterion to be not-applicable.
b) Light fixtures, whether free standing or tower-mounted, shall not exceed twelve (12)
feet in height as measured from finished grade.
Staff Response: There is no lighting associated with this request. Staff finds this
criterion to be not-applicable.
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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.
Staff Response: There will be no signage associated with this request. Staff finds this
criterion to be met.
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.
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• ASPEN
BUILDING DEPARTMENT
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Staff Response: The applicant shall post emergency telephone contact numbers on the
equipment in accordance with this criterion. Stafffinds this criterion to be conditionally
met.
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.
Staff Response: No portion of the proposed wireless telecommunications equipment is
shall he located in a parking or pedestrian way. Stafffinds this criterion to be met.
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.
Staff Response: The bulk of the equipment will be contained within the attic of the
building. The applicant shall ensure that this equipment is accessible to emergency
services, as well as the antennas that are proposed to be located on the chimneys. Staff
finds this criterion to be conditionally met.
c) The proposed easements or 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.
Staff Response: There are no new electrical or telephone easements associated with this
request. Stafffinds this criterion to be met.
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RECEIVED
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ASPEN
BUILDING DEPARTMENT