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HomeMy WebLinkAboutresolution.hpc.009-2002RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR VORELESS TELECOMMUNICATION REVIEW AND CONDITIONAL USE REVIEW LOCATED AT 420 E. MAIN STREET, LOTS N-O, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-22-014 RESOLUTION NO. el , SERIES OF 2002 WHEREAS, the applicant, Broadband West LLC, represented by E. Michael Hoffman, Attorney at Law, has requested Wireless Telecommunication Review and Conditional Use Review approval for an antenna located on top of the US Bank Building, 420 E. Main St., Lots N-O, Block 37, within the City and Townsite of Aspen. The property is located in the "Commercial Core Historic District," and WHEREAS, all Wireless Telecommtmication development must meet Section 26.575.130.F, of the Wireless Telecommunication Services Facilities and Equipment Review Standards of the Aspen Land Use Code. 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. Standard: 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. All facilities shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the cave 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 L, ompatible 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. bo 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 fi.om any public road, as measured fi.om the fight-of-way line, shall be at least equal to the height of the monopole. Co 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. do 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. 2. Standard: Height. 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: 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. 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. 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, unless determined by the Community Development Director to be suitably camouflaged (in which case an administrative approval may be granted). 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. 3. Standard: 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: 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. 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). 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. do 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). 4. Standard: Compatibilit? 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: Ifa 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. bo 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. Page: 3 of 7 04/25/2002 02: 15F $ILVI¢t DI:tVI$ PITKIN COUNTY CO R 35.00 D 0,00 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. Standard: Screening. Roof and ground mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public fights-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: 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). bo 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 (I) year to a landscape screen which satisfactorily obscures the visibility of the facility. 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. Chain link fencing shall be unacceptable to screen facilities, support structures, or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Page: 4 of' 7 04/25/2002 02: SILVIA DAVIS PITKIN COUNTY CO R 35.00 O 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. Standard: Li~htin~l and Siena£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: The light source for security lighting shall feature dom-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. 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. 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. 7. Standard: 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: 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. 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. d. 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. WHEREAS, all applications for Wireless Telecommunication Review which exceeds the maximum height limit of the zone district must meet section 26.425.10, of the Aspen Land Use Code. A. Standard: The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located; and B. Standard: The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development; and C. Standard: The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular cimulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and D. Standard: There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and E. Standard: The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and F. Standard: The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. WHEREAS, Amy Guthrie, Historic Preservation Officer, and Christina Amato, Historic Preservation intern, in their staff reports dated February 13, 2002 and March 27, 2002 performed an analysis of the application based on the standards, found that the application did not meet the required standards, and recommended further discussion by the Historic Preservation Commission; and WHEREAS, at their regular meeting on March 27, 2002, the Historic Preservation Commission considered the application, found the application was consistent with the "City of Aspen Historic Preservation Design Guidelines" and Aspen Municipal Code and approved the application by a vote of 3 to 0. Page: 6 of' 7 04/25/2002 02 SILVI!q BI:WiS PITKIN COUNTY CO R 3§.00 O 0.00 NOW, THEREFORE, BE IT RESOLVED: That Wireless Telecommunication Review and Conditional Use Review is approved for the antenna located on top of the US Bank Building, 420 E Main St, Lots N-O, Block 37, City and Townsite of Aspen, as presented on March 27, 2002. APPROVED BY THE COMMISSION at its regular meeting on the 27th day of March, 2002. Approved as to Form: Davl~d Hoefer, Assistant ~ity Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION ATTEST: /K~a-thy Stn~kland, Chief Deputy Clerk