HomeMy WebLinkAboutLand Use Case.HP.205 S Mill St.HPC028-99
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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
shall expire on the day after the third anniversary of the effective date of the
Order, unless a building permit is approved pursuant to Section 26.304.075,
or unless an exemption from expiration, extension or reinstatement is
granted or a revocation is issued by the City Council pursuant to Section
26.308.0 I O.
This Development Order is associated with the property noted below for the
site specific development plan as described below.
Airtouch Cellular, 7028 S. Clinton St., Englewood, CO 80112
Property Owner's Name, Mailing Address and teleI1hone number
205 South Mill Street, Aspen, CO 81611
Legal Description and Street Address of Subject Property
Minor HPC
Written Description of the Site Specific Plan and/or Attachment Describing Plan
HPC Resolutions 46-99, 10/13/99
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
December 3,1999
Effective Date of Development Order (Same as date of publication of notice of approval.)
December 4,2002
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 3rd day of December, 1999, by the City of Aspen Community
Deve ment Director.
Woods, Community Development Director
G.Planning.Aspen.fonns.DevOrder
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: 205 South Mill Street of the City and Townsite of Aspen,
by Resolutions No. 46, Series of 1999 of the Aspen Historic Preservation Commission.
For further infonnation contact Julie Ann Woods, at the Aspen/Pitkin Community
Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090.
s/Kathryn S. Koch, City Clerk, City of Aspen
Publish in The Aspen Times on December 3,1999.
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MEMORANDUM
TO:
Aspen Historic Preservation Commission
THRU:
Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Planning Director
FROM:
Amy Guthrie, Historic Preservation Officer
RE.:
205 S. Mill Street- Wireless Telecommunications
DATE:
October 13, 1999
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SUMMARY: Airtouch Cellular currently has a cellular antenna facility on the roof of
the building at 205 S. Mill Street, where Eddie Bauer is located. This application is to
relocate one of the antennas and to add two new ones.
The City has recently modified its regulations in regard to wireless communications.
Because the antennas are in the Commercial Core Historic District, HPC reviews the
application with standards specific to this kind of equipment.
APPLICANT: Airtouch Cellular.
LOCATION: 205 S. Mill Street, City and Townsite of Aspen.
Section 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
HV AC equipment. Pitched-roof mounted facilities shall always be
concealed within a compatible architectural element, such as chimneys or
ventilation pipes.
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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.
c. No wireless communication facility may be established within one-
hundred (100) feet of any existing, legally established wireless
communication facility except when located on the same building or
structure.
d. No portion of any antenna array shall extend beyond the property lines or
into any front yard area. Guy wires shall not be anchored within any front
yard area, but may be attached to the building.
Response: There are no setback requirements in the Commercial Core zone district. The
antennas are on private property and do not interfere with any other communication
. facility.
The HPC should discuss whether any screening of the antennas is necessary, as discussed
further below.
2. Heif?ht. Wireless telecommunication services facilities and/or equipment shall
not exceed thirty-five (35) feet in height or the maximum permissible height
of the given zone district, whichever is more restrictive. In addition:
a, 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 fifteen (15) feet above the highest portion of that roof,
including parapet walls.
b. If the building itself exceeds the height limitations of the zone, and such
excess height was legally established (i.e., granted a variance, approved by
PUD, etc.), then the combined height of the building and antenna shall not
exceed the maximum height allowed by such approval unless determined
by the Community Development Director to be suitably camouflaged.
c. If the building is constructed at or above the zone district's height limit, or
if combined height of the building and the antenna would exceed the
applicable height limit, the additional height of the antenna must be
reviewed pursuant to the process and standards (in addition to the
standards of this Section) of conditional use review, Section 26.425.010,
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unless determined by the Community Development Director to be suitably
camouflaged (in which case an administrative approval may be granted).
d. 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(F)(5)) below.
Response: The antennas are 3.5' in height; for a total (building + antenna) height of 45',
which is 5' over the maximum height limit in the Commercial Core. This is necessary
for adequate reception and staff finds that the height is acceptable given the placement of
the antennas at the most concealed corner of the structure. (Please note that the existing
paging antenna shown on the plans is taller than the proposed antennas and does not
belong to Airtouch Cellular.)
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 eXlstmg use, the facility shall be
constructed out of materials that are equal to or of better quality than the
materials of the principal use.
b. Wireless telecommunication services equipment shall be of the same color
as the building or structure to which or on which such equipment is
mounted, or as required by the appropriate decision-making authority
(Community Development Director, Historic Preservation Commission,
Planning and Zoning Commission, or City Council, as applicable).
c. Whenever wireless telecommunication services equipment is mounted to
the wall of a building or structure, the equipment shall be mounted in a
configuration designed to blend with and be architecturally integrated into
a building or other concealing structure, be as flush to the wall as
technically possible, and shall not project above the wall on which it is
mounted.
d. Monopole support buildings, which house cellular switching devices
and/or other equipment related to the use, operation or maintenance of the
subject monopole, must be designed to match the architecture of adjacent
buildings. If no recent and/or reasonable architectural theme is present,
the Community Development Director may require a particular design that
is deemed to be suitable to the subject location.
e. All utilities associated with wireless communication facilities or
equipment shall be underground (also see "Screening" below).
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Response: The existing antennas run along the west wall and blend into the adjacent
building wall. The applicant has proposed to place the new antennas along the alley to
meet emission requirements (by providing adequate separation between the antennas) and
proposes to attach them to the parapet wall to avoid puncturing the roof membrane.
It may be appropriate to consider some sort of screening along the alley, but that is likely
to interfere with reception and will create a larger "object" on the roof. Staff
recommends that the applicant be required to paint the antennas in an appropriate color to
further reduce their visibility.
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 ridge(s) or ridge line(s); an 8040
Greenline Review, pursuant to the provisions of Section 26.435.030, may
also be required.
b. Site disturbances shall be minimized, and existing vegetation shall be
preserved or improved to the extent possible, unless it can be
demonstrated that such disturbance to vegetation and topography results in
less visual impact to the surrounding area.
c. Surrounding view planes shall be preserved to the extent possible.
d. All wireless telecommunication services facilities and equipment shall
comply with the Federal Communication Commission's regulations
concerning maximum radio frequency and electromagnetic frequency
emissions.
Response: No vegetation or view planes are affected by the proposal.
5. Screening. Roof and ground mounted wireless telecommunication services
facilities and equipment, including accessory equipment, shall be screened
from adjacent and nearby public rights-of-way and public or private properties
by paint color selection, parapet walls, screen walls, fencing, landscaping,
and/or berming in a manner compatible with the building's and/or surrounding
environment's design, color, materials, texture, land forms and/or topography,
as appropriate or applicable. In addition:
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a. Whenever possible, if monopoles are necessary for the support of
antennas, they shall be located near existing utility poles, trees, or other
similar objects; consist of colors and materials that best blend with their
background; and, have no individual antennas or climbing spikes on the
pole other than those approved by the appropriate decision-making
authority (Community Development Director, Historic Preservation
Commission, Planning and Zoning Commission, or City Council, as
applicable).
b. For ground mounted facilities, landscaping may be required to achieve a
total screening effect at the base of such facilities or equipment in order to
screen the mechanical characteristics; a heavy emphasis on coniferous
plants for year-round screening may be required. Landscaping shall be of
a type and variety capable of growing within one (1) year to a landscape
screen which satisfactorily obscures the visibility of the facility.
c. Unless otherwise expressly approved, all cables for a facility shall be fully
concealed from view underground or inside of the screening or monopole
structure supporting the antennas; any cables that cannot be buried or
otherwise hidden from view shall be painted to match the color of the
building or other existing structure.
d. Chain link fencing shall be unacceptable to screen facilities, support
structures, or accessory and related equipment (including HV AC or
mechanical equipment present on support buildings); fencing material, if
used, shall be six (6) feet in height or less and shall consist of wood,
masonry, stucco, stone or other acceptable materials that are opaque.
e. Notwithstanding the foregoing, the facility shall comply with all additional
measures deemed necessary to mitigate the visual impact of the facility.
Also, in lieu of these screening standards, the Community Development
Director may allow use of an alternate detailed plan and specifications for
landscape and screening, including plantings, fences, walls, sign and
structural applications, manufactured devices and other features designed .
to screen, camouflage and buffer antennas, poles and accessory uses. For
example, the antenna and supporting structure or monopole may be of
such design and treated with an architectural material so that it is
camouflaged to resemble a tree with a single trunk and branches on its
upper part. The plan should accomplish the same degree of screening
achieved by meeting the standards outlined above.
Response: Staff recommends that the antennas be painted to recede from view.
6. Lil(htinl( and Sil(nal(e. 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:
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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.
b. Light fixtures, whether free-standing or tower-mounted, shall not exceed
twelve (12) feet in height as measured from finished grade.
c. The display of any sign or advertising device other than public safety
warnings, certifications or other required seals on any wireless
communication device or structure is prohibited.
d. The telephone number(s) to contact in an emergency shall be posted on
each facility in conformance with the provisions of Chapter 26.510 of the
Aspen Municipal Code.
Response: There will not be any lighting related to the antennas. The telephone
number( s) to contact in an emergency shall be posted on the facility as required in
Chapter 26.510 of the Aspen Municipal Code.
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 ot facility shall be located in a
required parking, maneuvering or vehiclelpedestrian circulation area such
that it interferes with, or in any way impairs, the intent or functionality of
the original design.
b. . The facility must be secured from access by the general public but access
for emergency services must be ensured. Access roads must be capable of
supporting all potential emergency response vehicles and equipment.
c. The proposed easement( s) for ingress and egress and for electrical and
telephone shall be recorded at the Pitkin County Clerk and Recorder's
Office prior to the issuance of building permits.
Response: Item "a" is met. Items "bOO and "COO do not apply as the antennas are
incorporated into an existing building and are not freestanding ground mounted antennas
where special access would be necessary.
ALTERNATIVES: The HPC may consider any of the following alternatives:
. Approve the application as submitted.
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. Approve the application. with conditions to be met prior to issuance of a building
permit.
. Table action to allow the applicant further time for restudy.
recommendations should be offered.)
(Specific
. Deny approval finding that the application does not meet the Development Review
Standards.
RECOMMENDATION AND RECOMMENDED MOTION: Staff recommends that
HPC approve the proposal for changes to the cellular facility at 205 S. Mill Street with
the following conditions:
I. The applicant must paint the antennas in an appropriate color to further reduce their
visibility, with the color to be approved by staff.
2. The telephone number(s) to contact in an emergency shall be posted on each facility
in conformance with the provisions of Chapter 26.510 of the Aspen Municipal Code.
Exhibits:
Resolution No.~, Series of 1999
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A. Staff memo dated October 13, 1999.
B. Application.
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AIRTOUCH'"
Cellular
AirTouch Cellular
7028 $. Clinton Street
Englewood, CO BO 112
September 22, 1999
Telephone: 303 754 6200
Ms. Amy Guthry
Historic Preservation Officer
Aspen 1 Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
RE: Modification of existing cellular facility located at Mill Street Plaza
205 South Mill Street, our cellular site C03ASPEN
Dear Amy:
This letter is submitted in accordance with the City of Aspen Land Use Code
requirement for an application to modify our existing cellular site at the above referenced
address. Section 26.575.130 D is outlined below:
1. Attached are the site plan and photo simulations. The adjacent land uses are built
out commercial use. The proposed antennas will be on a flat roof and will not be visible
from the street at a distance of 100', as indicated by the photo simulations.
2. Not applicable-this is a modification to an existing building.
3. Not applicable-modification to existing building.
4. Attached are the site plan and photo simulations.
5. Not applicable-no proposed lighting.
6. Not applicable as this is a building mounted site.
7. a. Not applicable, building mounted facility away from airfield.
b. This application complies with the Federal Communications Commission
regulations regarding maximum radio frequency and electromagnetic frequency
emissions.
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8. This application is to modify by relocating one and adding two(2) antennas to an
existing AirTouch Cellular facility.
9. Attached.
10. Discussed at pre-application meeting in August.
TJ::cnk you for your review of our ~Jroposal to modify the existing AirTouch
Cellular inscailation at 205 South !\ [ill Street.
If you have any questions, don't hesitate to contact me at (303) 754-6245.
Sincerely,
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Gary M. Jones
Site Development Manager
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AFFIDA VII OF GARY M . JONES
STATE OF COLORADO )
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COUNTY OF ARAPAHOE )
Gary M. Jones, being first duly sworn, on oath deposes and states:
1. I am the Site Development Manager of AirTouch Communications, Inc. d/b/a
AirTouch Cellular ("AirTouch"). I have personal knowledge of the facts set forth in
this Affidavit.
2. AirTouch entered into a Standard Retail Lease with Mill Street Plaza Associates dated
June II''', 1991 ("Lease") for the lease of interior building space together with space
on the rooffor cellular and link antennas of the property which is located at 205 South
Mill Street (the "Property").
3. AirTouch has complied with the Site Selection provision of the City of Aspen Land
Use Code by selecting an existing structure, the Property, for its cellular installation
and current modification.
4. AirTouch has requested that the City's Historic Preservation Commission grant its
request for approval of the modification to enable AirTouch to construct and operate a
fully functional cellular telephone facility ilt the Property.
AirTouch Communications, Inc.
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By: bary M. Jones, Site Development Manager
Subscribed and sworn before me this
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day of
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,1999
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Move one 3.5' Omni Antenna from 'NEDC
West Parapet to South Parapet..,.,
Add two 3.5' Omni Antennas to South Parapet.'
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,Proposed View
CO3-ASPEN CELL SITE ADDITION
A I R T❑ U[ H Mill Street Mall
Cellular North Elevation
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