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Home My WebLink AboutLand Use Case.HP.420 E Main St.HPC058-012737-073-22-014 HPC058-01 i 1 - 420 E. Main St. Telecom Variance --- A-+n \ (/ go< ar-516 , Il P .. CASE NUMBER HPC058-01 PARCEL ID # 2737-073-22014 CASE NAME 420 E. Main St. Telecom Variance PROJECT ADDRESS 420 E. Main St. PLANNER Amy Guthrie CASE TYPE Telecom Variance OWNER/APPLICANT Broadband West LLC REPRESENTATIVE Michael Hoffman DATE OF FINAL ACTION 3/27/02 CITY COUNCIL ACTION PZ ACTION HPC Reso. 9-2002 ADMIN ACTION Approved BOA ACTION DATE CLOSED 6/19/02 BY J. Lindt .. PARCEL ID:|2737-073-22014 " DATERCVD:]11/9/01 #comiES:~ CASE NO~HPC058-01 -4, \ CASE NAME:~420 E Main St. Telecom Variance PLNR:| ~ , 2\Â¥ 64-\Lwit_ PROJ ADDR:|420 E. Main St. CASE TYP:|Telecom Variance STEPS: OWN/APP: Broadband West LL , ADR~PO Box 1126 C/S/Z: ~Aspen/CO/81612 ' PHN:|920-2223 REP:IMichael Hoffman ADR: C/S/z: 1 PHN~920-1018 FEES DUE:|500 D FEES RCVD:~500 STAT: F-- REFERRALS| REF: 1 BY DUE:| MTG DATE REV BODY PH NOTICED 1 1 DATE OF FINAL ACTION:| 3~77~(Â¥ CITY COUNCIL: REMARKS| pz: H PO.- A,eacL - 9- 2001 BOA: CLOSED: It?/tfon_ BY: RE- l/-4 Â®If- DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):| ADMIN: -A~"64)43 .. DEVELOPMENT ORDER ofthe 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 provisions of the land 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 is approved pursuant to Section 26.304.075, or unless 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. Broadband West LLC, PO Box 1126, Aspen, CO 81612 Property Owner's Name, Mailing Address and telephone number Lots N & O, Block 37, City and Townsite of Aspen Legal Description and Street Address of Subject Property Conditional Use Approval for Telecommunication Antenna Installation Written Description of the Site Specific Plan and/or Attachment Describing Plan Historic Preservation Commission Resolution # 9-2002,3/27/02 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) April 6,2002 Effective Date of Development Order (Same as date of publication of notice of approval.) April 7,2005 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 6th day of April, 2002, by the City of Aspen Community Tlaâ€žal opment Director. <- 6{,gu~---~:~ Jtfle Ann Woods, Community Development Director 0 VII' 8 MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Directorg* FROM: Amy Guthrie, Historic Preservation Officer Christina Amato, Historic Preservation Intern RE: 420 E. Main Street- Wireless Telecommunications Review, PUBLIC HEARING DATE: March 27,2002 SUMMARY: BroadBandWest, LLC installed a 29' tall broadband wireless internet antenna on the roof of the US Bank Building at 420 E. Main Street in the fall of 2001, without gaining proper approvals from the City. Since their February 13th hearing, at the recommendation of staff and HPC, the applicant has amended their application to legalize the antenna by proposing to lower it by 10' and to reposition it nearer to the center of the roof. The applicant is requesting approval, including a variance from the maximum height limit for wireless telecommunication facilities. BBW is a high-speed digital broadband server who provides internet, mobile data and soon mobile video service to private and public customers, including the Asped Pitkin County Public Safety Council. The applicant states that the antenna needs to stay at its current location, on top of the US Bank Building, because of the City's telecommunication infrastructure. BBW is currently entered into a long-term contract with Qwest who controls the necessary high quality and high volume fiber optics lines between Aspen and Denver that BBW requires for its service. The applicant represents that the US Bank Building is the best location to receive the bandwidth necessary to provide this high-speed service. It was also the easiest location to retrofit Qwest' s fiber optic cables because most of the equipment already existed in the building, as it used to be the central office for US West. The City adopted regulations in regard to wireless communications in 1998. Because the antenna is in the Commercial Core Historic District, HPC reviews the application with standards specific to this kind of equipment. APPLICANT: BroadBandWest, LLC (BBW), represented by E. Michael Hoffman, Attorney at Law. LOCATION: 420 E Main Street, Lots N-O, Block 37, City and Townsite of Aspen. 1 P39 .. Section 26.575.130.F, Wireless Telecommunication Services Facilities and Equipment 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, ali 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. 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: The antenna is located on a flat roof and does not interfere with any other communication facility. Although the antenna is visible from the ground level within one hundred feet of its current location, the applicant does not propose to put up screening as they feel it would draw even more attention to the antenna, and staff agrees. The visibility of the unit has been concealed to the extent possible on this roof. Staff finds that this standard is met. 1. Height. Wireless telecommunication services facilities and/or equipment shall not exceed thirty-five (35) feet in height or the maximum 2 P40 .. 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, 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 height restriction in the Commercial Core zone district is 40'. The US Bank building is 20' in height and has no parapet walls on the roof of the building. The applicant has proposed to lower the existing 29' antenna to 19' in height, so that it is now under the maximum height allowance in the Commercial Core by 1 ', and only 4' over the more restrictive 35' height limit stated in this review standard. The applicant is requesting a variance from this height requirement, which will be addressed through the Conditional Use standards later in this memo. Staff finds this standard has not been met, although we do recognize that lowering the antenna is an improvement. HPC has the authority to grant the necessary height variance. 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: 3 P41 .. 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. 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). Response: Staff finds that the antenna has not been designed to relate architecturally to the US bank building, but also recognizes that the US Bank Building is not a historic structure, and that the antenna is an appurtenance similar to the mechanical equipment that is currently highly visible on the rooftop. In general, HPC has taken the position in the past that discreet placement of this type of modern equipment, and painting the units a dark color, has been a sufficient way to minimize their presence, which is what the applicant proposes to do. The antenna will be less intrusive at its lowered height. Staff finds that this standard is met. 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 4 P42 .. 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: The tower does not impact a ridgeline and does not cause any site disturbance. It is not within a designated view plane. The tower is in compliance with the FCC regulations. Staff finds that this standard is 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 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: 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. 5 P43 .. 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 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. 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: The antenna sits on a rooftop with no parapet walls. As screening is not a practical option for this antenna, lowering it, and painting it, is the only reasonable solution. Staff finds that this standard is met. 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. 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. 6 P44 .. 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 antenna. 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. Staff finds that this standard is met. 7. Access ~ays. 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. 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: The antenna does not interfere with the pedestrian or vehicular circulation. The public will not be able to access the antenna. Said easement for access by utility companies is a required condition of approval. Staff finds that this standard is met. Conditional Use Review Standards. When considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. The application must include a written response to each Of these review standards. These standards must be met to approve the height ofthe antenna. A. 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 Response: The increase in communication tools and therefore community safety, although not directly addressed in terms of telecommunication in the AACP, is in keeping with the AACP standards and overall plan. The applicant argues that the presence of BBW as a telecommunications competitor will promote a diverse and healthy economic base for the local and resort community, through providing a choice in servers. 7 P45 .. This, and the fact that BBW is owned by Aspen locals, "encouraging local ownership of business," also addresses the AACP. Staff finds BBW to be in compliance with the AACP goals and understands the importance of the location of the antenna based on its required equipment, infrastructure and signal. Although the revised antenna does meet most of the Wireless Telecommunication Services Facilities and Equipment Ordinance, staff finds that it does not address section 26.575.130 A. 5.of the Aspen Municipal Code, which is part of the purpose statement for regulation of wireless equipment: 5. Encourage the joint use and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities which may be required in the future to service the needs of customers and thus avert unnecessary proliferation of facilities on private and public property; Staff believes that the city could benefit from the additional services of BBW and that visual impacts have been minimized. Staff also understands that there are practical reasons why this location was selected, although still cannot find that this standard is met. Staff leaves the discretion of the importance of this "clustering" issue to the determination of the HPC. B. 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 Response: The antenna is located in Aspen's Commercial Core Area which is the district generally preferred by the wireless telecommunication standards. Staff finds this standard is met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Response: This neighborhood is regulated by the HPC in order to protect certain visual qualities and historic character. It is therefore especially important to minimize the intrusiveness of modern equipment through careful site selection and screening. The size and positioning of the antenna as redesigned does minimize adverse effects on the street, pedestrian or vehicular impacts. It should be noted, as above, that other mechanical equipment on the roof has as significant presence on this building when viewed from the street. The antenna is now under the height limit for the zone district and the height variance needed to comply with the more restrictive regulation of the wireless ordinance has been reduced to 4'. Staff finds that this standard is met. D. 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, 8 P46 . 0 fire protection, emergency medical services, hospital and medical services, drainage systems, and schools; and Response: NA E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: NA F. 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. Response: The applicant meets the Wireless Telecommunication Standards as discussed above, and meets the following Design Guideline 14.15: 14.15 Minimize the visual impacts of mechanical equipment as seen from the public way. u Mechanical equipment may only be installed on an alley facade, and only if it does not create a negative visual impact. o Mechanical equipment or vents on a roof must be grouped together to minimize their visual impact. Where rooftop units are visible, provide screening with materials that are compatible with those of the building itself. o Use low-profile mechanical units on rooftops so they will not be visible from the street or alley. Also minimize the visual impacts of utility connections and service boxes. Use smaller satellite dishes and mount them low to the ground and away from front yards, significant building facades or highly visible roof planes. o Paint telecommunications and mechanical equipment in muted colors that will minimize their appearance by blending with their backgrounds. Staff finds that this standard is met. ALTERNATIVES: The HPC may consider any of the following alternatives: â€¢ Approve the application as submitted. â€¢ Approve the application with conditions to be met prior to issuance of a building permit. â€¢ Table action to allow the applicant further time for restudy. (Specific recommendations should be offered.) 9 P41 .. â€¢ Deny approval finding that the application does not meet the Development Review Standards. RECOMMENDATION AND RECOMMENDED MOTION: Staff appreciates the reduction of height on the antenna. In order to approve the proposal, HPC must find that all of the above review standards are met. Staff' s evaluation is that the height of the unit, and the fact that it has not been co-located with other facilities, raise issues as to its compliance with the requirements that should be discussed by the HPC. Exhibits: A. Staff memo dated March 27,2002. B. Application. L-) 10 P48 .. 1 RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING AN APPLICATION FOR WIRELESS 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. 9 , 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 Telecommunication development must meet Section 26.575.130.F, of the Wireless Telecommunication Services Facilities and Equipment Review Standards of the Aspen Land Use Code. Thefbllowing 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. 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 bompatible 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. 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. 466643 il 1 I .ill I i i ili~ ilill li lilli 04/25/2002 02:15F Page: 1 of 7 SILFIA [AVIS PITKI _--K.TY CJ R 35.00 D 0.00 .. 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. 2. Standard: Heizht. 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, 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 carl 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: 111111111111111111111111111111 04/25/2002 02: 15; 466643 Page: 2 of 7 S.L'viA CRiS FITKIN COLL-Y CO R 35.00 D 0.00 .. 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 o f 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). 4. Standard: Compatibilitv 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. ~ ill I i Ili~ ilill 1 1 li 466643 Page: 3 of 7 04/25/2002 02:15F SILLIA [AIS FITKIâ„¢ COLN. rY 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. 5. Standard: Screeninf. 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: 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 o f 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 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. lil li lili 11111111111 lilli 04/25/2002 02: 15; 466643 Page: 4 of 7 SILVIA DAVIS FI-KIN COLA -Y CO R 35.00 0 0.00 .. 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: LizhtinÂ£ and Siznafre. 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 o ff-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. 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: 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. 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. 11111.lilli-1-111 lilli lilli lilli -~ 466643 Page: 5 of 7 04/25/2002 02: 15; SIL'v IA D X.S Fi[KIN C.LATY CO R 35.00 D 0.00 .. 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 ofbuilding permits. WHEREAS, all applications for Wireless Telecommunication Review which exceeds the maximum height limit ofthe 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 o f the Aspen Area Comprehensive Plan, and with the intent o f 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 circulation, 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. I ll lilli lili 1111111111111 lilli 111111'llili 111 04/25/2002 02: 151 466643 Page: 6 of 7 5-LV-A DAVIS PI-KIN COUN-Y CO R 35.00 D 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: 0 4 David Hoefer, Assistant City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION Â£01(*FPT (-2 - 0&/c)*L j V KE Ot,451- ATTEST: 1 n kka . fathy Stridkland, Chief Deputy Clerk 466643 1111111 lilli lilli lili 11111111111111111111 lilli 1111 lili 04/25/2002 02: 15; Page: 7 of 7 SILVIA DAVIS PITKIN COUNTY CO R 35.00 0 0.00 . I .. LAW OFFICES FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDING PROFESSJONAL CORPORATIONS IN KANSAS CITY, MISSOURI IN ASPEN COLORADO 106 SOUTH MILL STREET FREILICH, LEITNER & CARLISLE ATTORNEYS AT LAW DAVID J. MYLER. P.C. 1 SUITE 202 ATTORNEYS AT LAW E. M[CHAEL HOFFMAN' ASPEN, COLORADO 81611 ADMnTED [N CO' ROBERT H. FREILICH, P. C. 114 MARTIN L. LEITNER, P.C. 2 FACSIMILE RICHARD G. CARLISLE, P.C. STEPHEN J MOORE. PC+ 1 (970) 920-4259 S. MARK WH[TE 2.3 TELEPHONE KYLE E. FOOTE 2 (970) 920-1018 ADMUTTED IN MIP. CA'.NY' NC' CERTIFIED LAND USE PLANNERS MICHAEL J. LAUER, AICP JENNIFER K. BARRETT, AICP KIM S. BROPHY, AICP March 14, 2002 Mrs. Amy Guthrie Aspen Pitkin Community Development 130 S. Galena Street Aspen, Colorado 81611 Re: Application of BroadBand West, LLC for Approval of High Speed Internet Antenna at US Bank Building, 420 E. Main, Aspen Dear Amy: This correspondence provides the response of BroadBand West, LLC ("BBW") to the comments made in your memorandum of February 13, 2002, to the Historic Preservation Commission concerning BBW's initial application, and provides the information promised by BBW's president, Scott Young, at the HPC meeting of February 13. In response to comments made by staff and HPC members, BBW proposes to lower the height of its high-speed communications antenna by ten feet. The resulting structure will be 19 feet tall. Because the roof of the US Bank Building is itself 20 feet high, the combined height of the antenna and the building will be 39 feet, one foot below the maximum height allowed in the Commercial Core zone district. Because the combined height is still four feet above the maximum provided in Section 26.575.135(F)(2), BBW seeks a variance from that requirement. BBW's business operations, including those related to the emergency communications systems ofthe City and County, will suffer a substantial negative impact if a further reduction in height is imposed. As Jim Stephens of the City's emergency communications department informed the HPC at the February 13 meeting, the US Bank Building is a prime location for broadband services. He confirmed Mr. Young's assertion that it is one of only a few places in Aspen where optical fiber can be installed. . .. FREILICH. MYLER. LEITNER & CARLISLE Mrs. Amy Guthrie March 14, 2002 Page 2 Other wireless broadband service providers have erected antennas at various locations in the Commercial Core which are more intrusive than BBW's redesigned aerial. A photograph of the antenna on the Local's Corner building is attached to this correspondence as Exhibit A and those atop Holtz Plaza are depicted in Exhibit B. None of the structures shown in Exhibits A and B are owned or operated by BBW. Your prior memorandum faulted BBW's antenna for lacking screening and for being located too close to the edge ofthe building roof. To cure these problems, BBW proposes to move the antenna close to the HVAC equipment located at the center ofthe roof and, as previously promised, to apply non-reflective camouflage paint to the structure to minimize its visual impact. The relocation of the antenna, in combination with the reduction in height, fully alleviates the safety issue reported at page 8 of your March 13 memorandum. We have included four sets of "before and after" photographs which indicate the current visual impact of BBW's antenna and that of the reconfigured antenna from four different angles. The "after" photographs have been simulated using computer software. The photographs are organized as follows; Exhibits As Viewed From: C-1, C-2 Library Plaza D-1 D-2 Local's Comer E-l, E-2 Pitkin County Courthouse F-1, F-2 Comer of Mill and Main We believe that these photographs provide ample evidence that the proposed reduction in height, relocation and painting of BBW's antenna minimizes its visual impacts to an extent which justifies the granting of the approval and variance requested in the application. Thank you for your consideration. Sincerely, FREILICH, MYLER, I.,EI~~& CARLISLE E. 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AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.3()4.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: Â»_)1.-=J cir , 200- STATE OF COLORADO ) County of Pitkin ) I, 3--4 1AA-Lcir L ZMO~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: -0~<0~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made o f suitable, waterproo f materials, which was not less than twenty-two (22) inches wide 4 and twenty-six (26) inches high, and which was composed o f letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the day of , 200 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community ' Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At leaSt ten (10) days prior to,the public hearing, notice was hand delivered or mailed by first class, postage prepaid U.S. mail to all owners o f property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement o f an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners o f real property in the area o f the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. ti (laur 01=_-.~ti~43pt,l re- @4 nature 1 ik The-fo--egoing "Affidavit of Notice" was acknowledged be fore me thisOE day Of L .-- , 20052' byâ€¢2Cg~ _5 6 -rus- PUBLIC NOTICE w, RE: 420 E. MAIN STREET WIRELESS TELECOMMU- ~ NICATIONS FACILITY REVIEW AND CONDITION- ,Â·~ WITNESS MY HAND AND OFFICIAL SEAL AL USE REVIEW i, NOTICE IS HEREBY GIVEN that a public hearing 1 .Will be held on Wednesday, February 13, 2002, at a meeting to begin at 5:00 p.m. before the Aspen My commission expires: 9/.223/0.2Â£23 Historic Preservation Commission, CIO, Council - Chambers, City Hall, 130 S. Galena St., Aspen, to Â·, consider an application submitted by Broadband ~ West LLC requesting approval to install a tele- communication antenna at 420 E. Main Street and S. 04565, 1 a conditional use review to exceed the allowable J Notary Public f . . I ' a height limit. The property is described as Lots N- 2 , , 1\h O, Block 37, City and Townsite of Aspen. For further information, contact Amy Guthrie at ,.Â·, the Aspen/Pitkin Com/unity Development De- . 9 partment, 130 S. Galena St . Aspen, CO, (970) 920- 1 5096, amyg@ci.aspen.co.us. 4 0 E f >Al/9 ~ s/Suzannah Reid, Chair ' 1 Aspen Historic Preservation Commission . z * t.. U/17.8,9 f Â· Published in The Aspen Times on January 26, 1~ 'A t. 2002.(8296) .< 0\... /O 02. ATTACHMENTS: - a=8Â£-64'p COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) \ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL 0 7.1110 0 MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer Christina Amato, Historic Preservation Intern RE: ' 420 E. Main Street- Wireless Telecommunications Review DATE: February 13, 2002 SUMMARY: BroadBandWest, LLC installed a 29' tall broadband wireless internet antenna on the roof of the US Bank Building at 420 E. Main Street without gaining proper approvals from the city. They are requesting approval to keep the antenna at its current location, which is within the Commercial Core Historic District, and are asking for a variance from the maximum height limit. BBW is a high-speed digital broadband server who provides internet, mobile data and soon mobile video service to private and public customers, including the Aspen/ Pitkin County Public Safety Council. The applicant states that the antenna needs to stay at its current location, on top of the US Bank Building, because of the City's telecommunication infrastructure. BBW is currently entered into a long-term contract with Qwest who controls the necessary high quality and high volume fiber optics lines between Aspen and Denver that BBW requires for its service. The applicant represents that the US Bank Building is the best location to receive the bandwidth necessary to provide this high-speed service. It was also the easiest location to retrofit Qwest's fiber opiic Lables because most of the equipment already exisied in ilit building, as il used LO be the central office for US West. The antenna is 29' in height because it needs to be able to receive this signal from over the cover of the Jerome Hotel. The City adopted regulations in regard to wireless communications in 1998. Because the antenna is in the Commercial Core Historic District, HPC reviews the application with standards specific to this kind of equipment. APPLICANT: BroadBandWest, LLC (BBW), represented by E. Michael Hoffman, Attorney at Law. LOCATION: 420 E Main Street, Lots N-O, Block 37, City and Townsite ofAspen. Section 26.575.130.F, Wireless Telecommunication Services Facilities and Equipment 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) fuet 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. 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: The antenna is located on a flat roof and does not interfere with any other communication facility. Although the antenna is visible from the ground level within one hundred feet of its current location, the applicant does not propose to put up screening as they feel it would draw even more attention to the current structure. Because the antenna is not screened from view, staff finds that this standard is not met. 2. 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: - .. 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, 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 height restriction in the Commercial Core zone district is 40'. The US Bank building is 20' in height and has no parapet walls on the roof of the building. The antenna's 29' height is fully visible on top of the roof. The antenna exceeds the maximum height allowance in the Commercial Core by 9', and is 14' over the more restnctive 35' height limit stated in this review standard. The appiicant is r equesting a variance from this requirement, which will be addressed through the conditional use standards later in this memo. In an effort to comply with the regulations, the applicant proposes painting the antenna with a non-reflective "camouflage" paint to help blend it with its surroundings, because lowering or screening the antenna would interfere with its primary transmission functions. BBW is asking the HPC, as a designate to the Community Development Director, to find the proposed camouflage suitable enough to deal with the height issue so conditional review is not necessary. The Community Development Director has found that not to be the case. Likewise, staff has not found this standard to be met. 3. Architectural Compatibilitv. 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. 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). Response: The existing tower has not been designed to relate to the US Bank Building. The applicant does propose to paint the unit, but staff finds that mitigation is not adequate to meet the review standards. 4. Compatibilitv 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: The tower does not impact a ridgeline and does not cause any site disturbance. It is not within a designated view plane. The tower is in compliance with the FCC regulations. Staff finds that this standard is 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 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: 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. . 1.- J 5 .. 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 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. 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: The antenna sits on a rooftop with no parapet walls. While the proposed paint for the antenna will partially minimize its visual impact on the streetscape, no other actions have been proposed to deal with the visual impact of its height. Staff finds that this standard is not met. 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. 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. 6 .. 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. Staff finds that this standard is met. 1. Access Wavs. 1n 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. 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: The antenna does not interfere with the pedestrian or vehicular circulation. The public will not be able to access the antenna. Said easement for access by utility companies is a required condition of approval. Staff finds that this standard is met. Conditional Use Review Standards. PFhen considering a Development Application for a Conditional Use, the Commission shall consider whether all of the following standards are met. The application must include a written response to each of these review standards. These standards must be met to approve the height of the antenna. A. 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 Response: The increase in communication and therefore security, although not directly addressed in terms of telecommunication in the AACP, is in keeping with the AACP standards and overall plan. The applicant also argues that the presence of BBW as a telecommunications competitor will promote a diverse and healthy economic base for the local and resort community, through providing a choice in servers. This, and the fact that 7 .. BBW is owned by Aspen locals, "encouraging local ownership of business," also contributes to the AACP plan. Staff finds that BBW to be in compliance with the AACP goals although, finds the antenna does not comply with the purpose and intent of the Wireless Telecommunication Services Facilities and Equipment Ordinance, section 26.575.130 A. 1., 2. and 5. ofthe land use code: Christopher Porcello, their proj ect engineer, recommended this antenna be located at least 25' from the parapet wall of the building. Currently it sits only 10' from the edge ofthe 1. Preserve the character and aesthetic of areas which are in close proximity to wireless telecommunication service facilities and equipment by visual, aesthetic and safety impacts of such facilities through careful design, siting and screening; 2. Protect the health safety and welfare ofperson's living or working in the area surrounding such wireless telecommunication service facilities and equipment from possible adverse environment effects (within the confines of the Federal Telecommunications Act of 1996) related to the placement, construction or modifications o f such facilities; 5. Encourage the joint use and clustering of antenna sites and structures, when practical, to help reduce the number of such facilities which may be required in the future to service the needs of customers and thus avert unnecessary proliferation of facilities on private and public property; building, and ifthere should be some failure of the 29' structure, causing it to fall, it could fall off the roof onto the sidewalk, injuring pedestrians. Staff believes that although the city could benefit from the additional services o f BBW, there are other possible locations for this facility. There are many other antennas co- located more discreetly, on taller buildings, allowing the antennas to be shorter and less visible. Staff finds that this standard is not met. B. 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 Response: The antenna is located in Aspen's Commercial Core Area which is the district generally preferred by the wireless telecommunication standards. Staff finds this standard is met. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and Response: This neighborhood is regulated by the HPC in order to protect certain visual qualities and historic character. It is therefore especially important to minimize the 0011 ; i 7 .. intrusiveness o f modern equipment through careful site selection and screening. The size of the antenna does not minimize adverse effects on the street, pedestrian or vehicular impacts. If it were located on a taller building, the antenna would be shorter and less intrusive on any visual impacts. BBW proposes that they be located on this building because of the presence ofUS West infrastructure, but the design of the building prevents them from meeting the review standards. Therefore, staff does not believe the placement of the antenna, for the purpose of utilizing US West's previous infrastructure, justifies the height of the structure, especially when there are other taller locations in town where the antenna could be placed, allowing the antenna to be shorter and therefore in compliance with the height standards. Staff finds this standard is not met. D. 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 Response: NA E. The applicant commits to supply affordable housing to meet the incremental need for increased employees generated by the conditional use; and Response: NA F. 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. Response: The applicant does not meet the Wireless Telecommunication Standards as discussed above, and does not meet the following Design Guideline 14.15: 14.15 Minimize the visual impacts of mechanical equipment as seen from the public way. o Mechanical equipment may only be installed on an alley facade, and only if it does not create a negative visual impact. o Mechanical equipment or vents on a roof must be grouped together to minimize their visual impact. Where rooftop units are visible, provide screening with materials that are compatible with those of the building itself. o Use low-profile mechanical units on rooftops so they will not be visible from the street or alley. Also minimize the visual impacts of utility connections and service boxes. Use smaller satellite dishes and mount them low to the ground and away from front yards, significant building facades or highly visible roof planes. o Paint telecommunications and mechanical equipment in muted colors that will minimize their appearance by blending with their backgrounds. Staff finds this standard is not met. 9 .. ALTERNATIVES: The HPC may consider any of the following alternatives: â€¢ Approve the application as submitted. â€¢ Approve the application with conditions to be met prior to issuance of a building permit. â€¢ Table action to allow the applicant further time for restudy. (Specific recommendations should be offered.) â€¢ Deny approval finding that the application does not meet the Development Review Standards. RECOMMENDATION AND RECOMMENDED MOTION: Staff recommends that HPC deny the application for the antenna at 420 E. Main Street finding that the review standards are not met. Exhibits: Resolution # , Series of 2002. A. Staffmemo dated February 13, 2002. B. Application. - 10 .. RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION DENYING AN APPLICATION FOR WIRELESS TELECOMMUNICATION REVIEW AND CONDITIONAL USE REVIEW LOCATED AT 420 E. MAIN STREET, LOTS N-0, BLOCK 37, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-073-22-014 RESOLUTION NO. , 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 a 29' 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 Telecommunication development must meet Section 26.575.130.F, of the Wireless Telecommunication Services Facilities and Equipment Review Standards o f 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: Setbach. 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 mounled facilities visible fiont ground level -within oile-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. 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. . 0 0 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. 2. Standard: Heizht. 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 i eviewed pursuant iu- the piocess and standards (ili 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). 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. 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: 0 0 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. 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). 4. Standard: Compatibility With the Natural Environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography, and uthet natural fearules, -anti ' shall not dominale the latidscape or preseni 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. -- I .- jy - . .. 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. 5. Standard: 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: 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 ofthe 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 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. . 1 .. 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: Ligihting 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. 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. 7. Standard: Access WaÂ¥s. In addition to ingress and egiess requii ements oftlie - 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. 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. 0 . 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 ofbuilding 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 o f the Aspen Area Comprehensive Plan, and with the intent o f 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 circulation, 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 additiolial 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 report dated February 13, 2002, performed an analysis of the application based on the standards, found that the application does not meet the required standards, and recommended denial of the project; and WHEREAS, at their regular meeting on February 13, 2002, the Historic Preservation Commission considered the application, did not find the application to meet the standards, as put forth in the staff report, or to be consistent with the "City of Aspen Historic Preservation Design Guidelines or Land Use Code" and denied the application by a vote of to . .. NOW, THEREFORE, BE IT RESOLVED: That Wireless Telecommunication Review and Conditional Use Review is denied for the antenna located on top o f the US Bank Building, 420 E Main St, Lots N-O, Block 37, City and Townsite of Aspen, as presented February 13, 2002. DENIED BY THE COMMISSION at its regular meeting on the 13th day of February, 2002. Approved as to Form: David Hoefer, Assistant City Attorney Approved as to content: HISTORIC PRESERVATION COMMISSION Suzannah Reid, Chair ATTEST: Kathy Strickland, Chief Deputy Clerk ~ --~F-... 1 - - 1 1- 47 OCT. 30.2001 11:26AM FRE~CH MYLER LEITNER CARLISLE NO. 502 P 2/2 LAW OFFICES ~ FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSMIP INCLUDING PROFESSIONAL CORPORATIONS IN KANSAS CITY, MISSOURI IN ASPEN COLORADO 106 SouTH MILL STREET FREILICH, LETINER & CARLISLE ATTORNEYS AT LAW DAVID J, MYLER, P.C. 1 SurrE 202 E. MICHAEL HOFFMAN ' ATTORNEYS AT LAW ASPEN. COLORADO 81611 A.CrÂ·r=)â„¢Co' ROBERT H FR.ELICH. P.C.w MARTIN L. LECNER. P.C. 2 FACSMLE RICHARD G. CARLISLE, P.C. 1 STEPHEN L MOO* P.C, 1 (970) 920-4259 S. MARK WHITE, TELEPHONE KYLE E FOOTE ' (970) 920-1018 ....ED:,4 -, e./.r. NG ' CERTIFIED LAND USE PLANNERS MICHAEL J. LAUER. AICP JENNIFERK BARREIT, AMP KIM S. BROPHY, AICP October 30, 2001 Mrs. Amy Guthrie Bv Facsimile Transmission 920-5439 Aspen Pitkin Community Development 130 S. Galena Street Aspen, Colorado 81611 Re: Wireless Telecommunications Services Appliction of BroadBandWest LLC Dear Amy: Asyou and I discussed last Thursday, we are actively compiling the informationnecessary to submit an application to the City ofAspen onbehalf of BroadBandWest LLC, for its antenna located on the roofofthe US Bank building. Section 26.575.130 ofthe Aspen Land Use Code requires thata wide variety of information be included with an application. Because the information collection process has proved more time consuming than originally contemplated, the company asks that it be allowed an additional two weeks in which to complete its application. We will submit the completed application no later than Friday, November 9, 2001. Please let me ]mow at your earliest convenience if that deadline is acceptable to the City. Thank you for your assistance. Sincerely, FREILICH, MYLER, LEIINER & CARLISLE E. Michael Homnak CC: BroadBandWest, LLC 0' T. 4. 2001 1~1:49AM FR~ICH MYLER LEITNER CARLISLE NO. 250 P. 3 . FEUCUCH, MYLF â‚¬ LErTNER & CA]~SLE Mrs. Amy Gutbrie October 4. 2001 Page 2 we ask that the deadline for submission of the application be moved back to October 26, 20)1. We will submitthe application sooner than that if possible. . 4. Assuming thai you accept the October 26 deadline, the Company would like to have the application heard by the HFC as soon the Commission's docket allows. Please sip below to indicate your acceptance/conÂ¢urrence with the terms set forth above. If you have any disagreement with these terms. or if we need to further discuss the plan for dealing with these issues, please give mc a call. Sincerely, FREILICH, MYLER, LEnNER & CARLISLE f>Â«k E. MichaJ. Hoffman I Ce: BmadBandWest LLC I concurandaccept the terms set forth above. Amy Out*ie City of A~pen Historic Preservation Officer , 1 1 OCT '14. 2001 11!49AM FRE~~H MYLER LEITNER CARLISLE NO. 250 P. 2 1 1 i LAWOFFICES 11 6 FREILICE[, MYLER, LEYINER & CARLISLE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN KANSAS CITY, MISSOURI IN ASPD' ~COLORADO ~ 106 SOUTH Mni STREET FREILICH, LEIBER & CARUELE ATTORNE-YS AT LAW DAVID L ~ *LER, P,C. ' ' Sum 202 ATTORNEYS AT LAW IE. MICHA~. HOFFMAN ' ASPEN, COLORADO 81611 ADDGIrm m 301 ROBER.T H EREnICH, P.C. 11. MARIIN L LE[INER. IP,C' FACSIMILE RICHARD G. CARLISLE P.C, 1 STEPREN L MOORE, P.C. 2 (970) 920-4259 S. MARK WHITE " 1<112 2. FOOTE i TELEPHONE (970) 920-1018 ADIOTTm>Elu# CA~.MY.Ne' CEKTIFIED LAND USE PLANNERS MICHAEL J. LAUER. AXÂ¢P ]ENNYFER K BARDErr, AIO KIll S. BROPHY. AMP October 4, 2001 Mrs. Amy 6uthrie Kspen Pitld# Community Development 1 30 S. Gal#a Street ' Aspen, Coldkado 81611 Re: Con~spondence of Sara Oates dated September 27, 2001 ConÂ¢eroing Telecommunications Equipment of BroadBandWest LLC D ear Amy: You and I diacussed today Sara Oates' correspondence to the owners ofthe US Bank Building ("the Building") *incerning telecommunications equipment of BroadBandWest LLC ("the Company") which equic .ilent is located on the roof. i In our convÂ¢rsation we agreed as follows: 1. The Company may continue to utilize the communications equipment in its current location whi]6 the Company prepares and the City considers a land use application for permanent sitink ofthe *quinment onthe roof ofthe Building. -Tle, 6 l,u tasÂ»-1 9(/16 U lol COL' 5641 \42â‚¬1 428Â»V ..\442, AÂ£-Â«S to ut e,E- *la l*t/ Ua~f 1 V24 U t \- C l/l a' <,1 Our i conversation constituted the Pre-Application Conference required by Section /9 0 1 12 - 26.05.130(C) oi de Aspen Land Use Code. You informed me during our conference that vt,le.1 1- 42 6 the ~ Zompany is required to submit an application which conforms with Section VeÂ«'but 6V 26.5~5.130(D) ofthe Code. 0441,21/L,al 9/ 3 3 Ila, 4-Â·Gâ‚¬p 3. Sar*' scorrespondence requires the Company to submititsapplication within 15 daysofdate #1611114 oft* letter. Under this requirement, the Company has until October12, 2001, to complete Â£101 p.-:17 ' the Â©plication. This briefperiod does not give the Company adequate time to consult with (45+14-- youpnd other experts, consider the alternatives and draft an application which both satisfies The Â¢ity's concerns and establishes an optimal solution for the Company. For that reason, 130 S. Galena ASPEN* PITKIN COMMUNITY DEVELOPMENT DEPARTMENT General . Aspen, CO 81611 PERMIT APPLICATION Permit 970/920-5090 920-5448 Ir 1.01 i run 1 I rIC' PITKIN COUNTY L CITY OF ASPEN L PERMIT No. ArÂ«'r?an f to cor,Jolete wmt,efed spaces 0/14 JOB ADDRESS BD 410 E. M A IN ST. LEGAL LOT NO. BLOCK TRACT OA SUBDIVISION 1 0 SEE ATTACHED SHEET) CO_ 2 DESC. N 4 0 3-1 e \TY o F ASPEN DE OWNER MAIL ADDRESS Zip PHONE 3. 41Jkets ?Rofe>jioNAL 8006 . 00. 910 E. MALL) st 6\1 55~19 - 9019 FD CONTRACTOR MAL ADDRESS PHONE LICENSE NO FN d. Â·*PONÂ¢>N}4 Wesr -801 1 (16 ABPEN *0-2123 PA I . ARCHITECT OA ENGINEER OF RECORD MAIL ADDRESS PHONE LICENSE NO MH ~ AMEKIC A# 60//54.713 t- 640{0(P 6%30 N. UoADU/45,bENG 303-911%900 35610 ws DESIGNER MAIL ADDRESS PHONE LICENSE NO 6- p A RF -, CLASS OF WORK ENERGY CODE FEE USE TAX CENSUS CODE G I S. FEE C O NEW E ADDITION m ALTERATION O REPAIR O USE OF BUILDING PLAN CHECK FEE PERMIT FEE ZONING FEE I. TEL@co hM uN i c 411 0 Ab 5 8(Vt CES VALUATION OF WORK SQUARE FOOTAGE Type of Construction Occupancy Group Lot Area 9% NA 10. "44 Size of Buildinc No 01 Stories Occ. Load 1 1 . Is there food service in this building m YES ~NO (Total Square Fl.) 12. Is LPG used? 0 YES X No NO. OF BEDROOMS ~ Use Zone Fire Sprinklers Required? ~ Yes ONo 13. parcel ID# Nh EXISTING ADDED Alarm System Required? C|Yes O No 14. Remarks KERMâ‚¬bf FoR- V A-21 Auce No. 01 Dwelling Units OFFSTREET PARKING SPACES Covered Uncovered REG~tb /6- 80 /1M W' ic #70" 3 h#le.v p A- SPECIAL APPROVALS REQUIRED AUTHORIZED BY DATE ZONING H P.C PARK DEDICATION ENVIRO HEALTH PRESUBMI ITAL APPLICATION ACCEPTED PLANS CHECKED APPROVED FOR ISSUANCE ENGINEERING BY BY BY BY PARKS FIRE MARSHAL DATE DATE DATE DATE WATER TAP NOTICE ASPEN CONSOL. SAN. DIST, SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING. HEATING. VENTILAT-ING OR AIR CONDITIONING OTHER THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION PAYMENT OF PITKIN COUNTY USE TAX OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. m MONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED. 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND m DEPOSIT METHOD 0.5 % OF 25% OF THE PERMIT VALUATION PAID KNOW THE SAME TO BE TRUE AND CORRECI ALL PROVISIONS OF LAWS AT ISSUANCE. A FINAL REPORT ON TOTAL ACTUAL COST MUST AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT BE FILED WITHIN 90 DAYS OF SUBSTANTIAL COMPLETION OF DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PRO- WORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. VISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CO*TRUCTION. IT IS MY RESPONSIBILITY TO m EXEMPT: EXEMPT ORGANIZATION REVIEW THE APPROVED E -'- - -'"' COMMENTS THAT ARE CONTAINED THEREON AND SEE THA1 JRE AND/OR PROJECT IS BUILT IN D RESALE: STATE & PITKIN COUNTRY RESALE NO. COMPLIANCE WITH ALL Al rES- STEÂ« COLL 4 6 1111101 ANYONE WHO USES AND / OR CONSUMES BUILDING MATERIALS AND FIXTURES IN PITKIN COUNTY IS SUBJECT TO THE 0.5% USE TAX. SIGNATURE OF CONTRACTOR (DATE) lpEE Lella. aot,AiT G-j PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE CON- SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) TRACTOR'S PROPERTY WHEN USE TAX IS NOT PAID THIS FORM IS A PERMIT ONLY WHEN VALIDATED WORK STARTED WITH OLIT PERMIT WILL BE DOUBL-E FEE Energy Code Validation Plan Check Validation Zoning Validation Permit Validation 0.5 % Use Tax Deposit Validation 1.,AN-.0.08 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and B R o /9-DaA*D WeE z Â£ C (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for TELECOMpl w,it Ars"S 1 â‚¬05) i C-â‚¬3 PeRM } 1- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings an(For approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty ofrecovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission an(For City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 500â€¢ O0 which is for hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: 4.,4 - - . PREE,/De/'7- Julie Ann Woods Community Development Director Date: H 1 D?bl Mailing Address: 130 X )/ 26 h?ep, co 216,1 g:\support\forms\agrpayas.doc 1/10/01 LAWOFFICES FREILICH, MYLER, LEITNER & CARLISLE A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS IN KANSAS CITY, MISSOURI IN ASPEN COLORADO 106 SouTH MILL STREET FREILICH, LEITNER & CARLISLE ATTORNEYS AT LAW DAVID J. MYLER, P.C. ' SUITE 202 ATTORNEYS AT LAW E. MICHAEL HOFFMAN' ASPEN, COLORADO 81611 ADMITTED IN CO' ROBERT H. FREILICH, P.C. 2.3~4 MARTIN L. LEINER, P.C. 2 FACSIMILE RICHARD G. CARLISLE, P.C. 2 STEPHEN J. MOORE, P.C. 2 (970) 920-4259 S MARK WHITE 2.3 TELEPHONE KYLE E. FOOTE 2 (970) 920-1018 ADMITTED TN MO'. CA', NY'i NC 3 CERTIFIED LAND USE PLANNERS MICHAEL J. LAUER, AICP JENNIFER K. BARRETT, AICP KIM S. BROPHY, AICP November 8, 2001 Mrs. Amy Guthrie Aspen Pitkin Community Development 130 S. Galena Street Aspen, Colorado 81611 Re: Application of BroadBand West, LLC for Approval of High Speed Internet Antenna at US Bank Building, 420 E. Main, Aspen Dear Amy: This correspondence represents the application of BroadBandWest, LLC ("BBW") for a reconfiguration of an antenna which now exists on the US Bank building located at 420 E. Main in Aspen ("the Building"). The application is brought pursuant to Section 26.575.130 of the Aspen Land Use Code (the "Code"), which provides a review procedure for Wireless Telecommunication Services Facilities and Equipment installed and utilized inthe City, and Section 26.314.040, which allows the HPC to grant variances from the strict application of the height restrictions set forth in the Code. Although the Code regulation appears to deal primarily with towers required for cellular phone service, its broad definitions also encompass the much smaller antennae required for wireless Internet service. BBW is a provider of broadband Internet services, not cellular telephone services. It is likely that the City's Code did not contemplate the newest generation of wireless telecommunications services, including wireless broadband services. The FCC has encouraged the use ofwireless broadband because it can be implemented without disrupting existing infrastructure and causes little visual impact. I. Overview of Code Section 26.575.130 applies to "[a]11 applications for the installation or development of wireless telecommunications services facilities and/or equipment,"which is defined to "include cellular telephone, paging, enhanced specialized mobile radio (ESMR), personal communication services FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 2 (PCS), commercial mobile radio service (CMRS), and other wireless commercial telecommunication devices and all associated structures and equipment including transmitters, antennas, monopoles, towers, masts and microwave dishes, cabinets and equipment rooms."1 2. Overview of Applicant's Business BBW's facility is designed to provide high-speed digital broadband (primarily Internet, mobile data and, soon, mobile video) access to governmental agencies and local businesses by transmitting and receiving signals using the low power band ofthe electromagnetic spectrum located between 2.4 to 2.7 GHz. Because of its low power, the system does not require an FCC license. Please see the federal regulations provided as Exhibit J, which describe the precise frequency band used by the company. BBW's is a "fixed wireless access"system because the company's customers operate utilizing stationary reception units. The antenna at issue here and the fiber optic cables which connect BBW to the Internet make up the "head end" of company's network. Each subscriber to BBW's service receives the company's signal and transmits back to BBW with equipment located within the subscriber' s office or home. 3. The Existing Antenna Structure On September 27, 2001, Sara Oates, the City of Aspen Zoning Officer, notified BBW that it was violating the City's Code by erecting and utilizing the antenna on the Building. The company was unaware of the City's requirement because it knew of several other wireless Internet service providers who were utilizing similar antennae which had not been permitted by the City. In any event, BBW regrets its mistake and now proposes to reconfigure its antenna to drastically reduce its visual impact and to comply with City of Aspen land use regulations. A photograph of the existing structure is provided as Exhibit A, attached hereto. As shown in the photograph, the existing antenna is located on the roof ofthe Building and is approximately 29 feet tall. The bottom half is a frame system of galvanized steel on which one or two panel antennae are mounted. The top half of the current structure is a "monopole," which supports a wand-like "omnidirectional antenna." Provided the antennae remains at its current height, BBW will be able to service all of its current customers and, in the near future, the 26 local public safety agencies affiliated with the Aspen / Pitkin County Public Safety Council. Those agencies are listed in a letter from James Stevens, Manager of the Council, to the director of the Southwest Area Rural Telecommunications Program, which letter is attached hereto as Exhibit B. Pending budgetary and funding approval, these public agencies will include the Pitkin County Sheriff s Office and the Aspen Police Department. With the current national focus on security issues, the BBW network 1 Code, Â§ 26.575.130(B). FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8,2001 Page 3 offers an important method by which these agencies may reach the Internet. As the article attached hereto as Exhibit C describes, it is likely that the new Office of Homeland Security will soon mandate that local agencies use wireless Internettechnology to link their offices to the FBI's National Crime Information Center, which will be used to instantly notify local agencies on issues of national security. 4. This Antenna Structure Seeks to Keep the Antenna at it Current Location and Height. For reasons beyond BBW's control, the antenna structure should remain at its current height and sited at or close to its current location for reasons which are rooted in the City's underlying telecommunications infrastructure. Late last year, BBW entered into a long-term contract with Qwest Communications for Qwest's provision ofhigh-quality, high volume fiber optic lines between Aspen and Denver.2 Because it has secured these communication pathways, BBW is positioned as the best source of "bandwidth" in the Roaring Fork Valley. The greater the available "bandwidth" the better is the system' s capacity to send and receive information. That capacity is needed because (1) more and more people are connected to the Internet,3 (2) users are connected to the "world wide web" for ever-lengthening periods oftime, (3) there are an increasing number of devices (including remote sensing and communications devices) connected to the"web,"4 (4) more computer programs are making use ofthe Internet, and (5) the average size of file downloads is rapidly increasing.5 All of these trends exist in Aspen. Without the efforts made by BBW, Aspen residents and businesses would have faced monthly charges for T-1 data services (for high-speed access to the Internet) in excess of $2,000 per month. The U.S. Bank building was the only facility in Aspen which could be easily retrofitted to accept Qwest' s fiber optic cables. Because the Building is the former "central office" for US West in Aspen, all ofthe necessary conduit and other equipment required for the cable already existed onsite. 2 In Denver, the fiber optic lines connect to the Internet over a 100 megabit per second ("Mbps") gateway. This gateway can be upgraded to 1,000 Mbps (or 1 Gbps). One Gbps is roughly equivalent to the Internet traffic which exists in a major metropolitan area. BBW's fiber optic cable currently operate at "OC3," or 155 Mbps. It is expandable to OC12, or 622 Mbps. 3 According to Anil Khatod, president ofNortelNetworks, there were 118 million worldwide users ofthe Internet in 1998, 300 million in 2000 and an expected one billion users by 2004. George Runkle, "Six Reasons for the Bandwidth Boom" The Motley Fool.Fool.Com October 25,2000. 4 Over one billion such devices are anticipated by 2004. Id. 5 Id Other reasons cited by Mr. Khatod are the increasing number of users of high-speed Internet connections and the burgeoning creation of international websites. FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 4 Mountain Bell (US West's predecessor) chose the Building because of its central location and accessability to the City Building, the County Courthouse and the Commercial Core. Those reasons also support BBW' s use of the Building. The antenna must remain at its current height because of the antenna's proximity to the Hotel Jerome. As it now exists, the antenna extends to just above the roof line ofthe hotel. Ifthe antenna were any lower, the walls of the Hotel Jerome would block and reflect BBW' s wireless transmissions. BBW's ability to service its clients, particularly those located west of the Hotel Jerome and toward the airport, would be compromised. This reduction in service could negatively impact the company's ability to provide service to mobile users, including police cars and emergency services vehicles. 5. Proposed Changes in the Antenna. BBW wishes to comply with the Aspen Land Use Code to the greatest extent practicable. As shown in Exhibit D (a simulated photograph of the Proposed Antenna), the Proposed Antenna will be painted to blend into the background on Smuggler and Aspen Mountains. That paint will also be non-reflective. Exhibit E demonstrates that the painted profile of the Proposed Antenna will be virtually invisible to passers-by and those located in adjacent buildings. 6. HPC Involvement Section 26-575-130(C) of the Code provides that "proposals for the location of wireless telecommunications services facilities or equipment... within any historic district shall be reviewed by the City's Historic Preservation Commission (HPC)." Review and approval by the HPC is necessary before a building permit may be issued for a telecommunications antenna. The HPC has jurisdiction in this case because the US Bank building is located within the Commercial Core historic overlay district, not because the Building is historic. The Building itself is of no particular historic value. 7. Telecommunication Application Contents According to subsection (D) of the City's Wireless Telecommunications regulation, BBW's application must conform with the terms of that regulation as well as to the Common Development Review Procedures set forth in Chapter 26.304 of the Code and the Conditional Use provisions identified in Chapter 26.425. The Common Development Review Procedures govern only the procedural aspects of the application and have no direct substantive effect. In contrast, the Conditional Uses chapter of the Code requires the applicant to demonstrate compliance with its provisions to secure approval. (In the following section ofthis application, language quoted from FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 5 the Code is shown in italics. BBW's responses are shown in the text which follows each code provision.) 26.425-040 Standards applicable to all conditional uses. When considering a development application for a conditional use, the [Historic Preservationj Commission shall consider whether all ofthefollowing standards are met, as applicable. A. The conditionaluseis consistent with the purposes, goals, objectives and standards ofthe Aspen Area Community Plan, with the intent of the zone district in which it is proposed to be located, and complies with all other applicable requirements of this Title; and A number of the goals expressed in the 2000 Aspen Area Community Plan Update (the "AACP") are supportive of BBW's application. These focus primarily on promoting the economic sustainability of Aspen as a community and as a resort and in maintaining and enhancing Aspen's "community character."6 One of the chief Community Development Features of the AACP is to "[p]romote a healthy and diverse economic base that supports both the local economy and the tourist industry."7 The existence of competing wireless broadband networks clearly promotes this goal. Low cost access to the "information highway" allows citizens of Aspen to engage in commerce more easily, to collect information from a wide variety of sources and to effectively communicate with other people throughout the world. The diverse points of view which exist on the Internet encourage the re-establishment of "the 'messy vitality' that originally created Aspen's renowned cultural and sociological diversity.'58 BBW is owned by Aspen locals. The AACP "encourages local ownership of businesses.'" The plan directs residents to "utilize our public and private infrastructure...to full capacity to ensure the maximum return on existing investments."10 BBW's wireless network does not require expensive (as measured of money or inconvenience) installation of cable or other infrastructure. 6 page ii. 7 page 3. 8 page 1. 9 page 22Â· 10 page 23. FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 6 BBW recognizes that the Commercial Core is an historic district, but believes that the US Bank building is sufficiently distant from the center o f Downtown so as to eliminate any "clash" between modern technology and Victorian architecture. In addition, the company will voluntarily reduce the visual impact ofits antenna to prevent erosionofthe area's historic quality. The AACP reminds City residents that "[w]hile the overall goal of protecting . . . the historic character of a larger site [is-] foremost, the preservation process must be one of reason and balance, predictability, and economic fairness." The current application represents a well-balanced solution because BBW' s Proposed Antenna will have little visual or other impact on the Commercial Core, but will allow the company to effectively serve its customers. B. 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 proposedfor development; and The Proposed Antenna structure will be virtually invisible from the street and surrounding buildings. As a result it will be compatible with the Commercial Core and the "streetscape" surrounding the Building. The availability of wireless broadband service enhances the ability of governmental agencies and Aspen residents to fully participate in the world beyond the Roaring Fork Valley. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations andodor on surrounding properties; and The Proposed Antenna minimizes its visual impact. A reduction in its height will substantially damage BBW's business. The company believes that its proposed design mitigates negative visual impacts so that a height reduction is unnecessary. D. 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 All public facilities necessary for the construction and maintenance of the antenna are in place. E. The applicant commits to supply affordable housing to meet the incremental needfor increased employees generated by the conditional use; and Not applicable. FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 7 The [HPCJ may recommend [and] impose such conditions on a conditional use that are necessary tomaintainthe integrityofthecity'szonedistrictsandtoensuretheconditional usecomplies with the purposes of the Aspen Area Community Plan, this Chapter, and this Title; is compatible with surrounding land uses; andisservedby adequatepublic facilities. This includes, butis notlimited to imposing conditionsonsize, bulk, location, openspace, landscaping, buffering, lighting, signage, off-streetparking andothersimilardesignfeatures, the constructionofpublic facilitiestoserve the conditional use, and limitations on the operating characteristics, hours of operation, and duration of the conditional use. BBW is unaware of the need for the HPC to impose any conditions on the specific approval sought in this application. The application is, by necessity, narrowly drawn. BBW's satisfaction of each of the additional requirements of the City's Wireless Telecommunication Services Facilities regulations, as set forth below, make clear that only the reviewed plan will be permitted by the City. BBW understands that any material deviation from the proposal made here will require additional HPC review. 8. Standards Set Forth in Wireless Telecommunications Services Facilities Regulations Exhibit F, attached hereto, republishes from the Code the information required to be submitted with this application. That additional data is included herewith as Exhibits H through J. The following review standards apply to all wireless telecommunication facilities permitted by the City of Aspen.11 They were "designed to foster the City' s safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment."12 (Only those review standards which are relevant and important to the HPC's consideration of BBW's application are presented here.) 1. Setbacks. At aminimum, allwirelesstelecommunicationservices facilities andequipmentshall 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. Allfacilities shallbelocated atleastfifty (50) feetfrom any property lines, except when roof-mounted (above the eave line ofa building). Flat-roof mountedfacilities 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 11 Code Â§ 26.575.130(F) 12 Id. FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8,2001 Page 8 a chimney or ventilationpipe, or behind architectural skirting ofthe type generally used to conceal HVAC equipment. 0 From 100 feet away, little ofthe Proposed Antenna structure will be visible.13 There is no chimney or ventilation pipe of sufficient size to conceal the proposed structure. BBW does not propose to place screening on the roof as that material would actually draw more attention to the Proposed Antenna than would otherwise occur. c. No wireless communicationfacility maybeestablished withinone-hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. There are no wireless communications facilities within 100 feet ofBBW's Proposed Antenna. The closest such facility belongs to Pitkin County and is used by emergency services providers including the Aspen Police and Pitkin County Sheriff' s Departments, the Aspen Fire Protection District, Alpine Rescue, and others. That antenna is not available for non-governmental use. 2. Height. Wireless telecommunication services facilities and/or equipment shall not exceed thirty-flve (35) feet in height or the maximumpermissible height ofthe given zone district, whichever is more restrictive. In addition: a Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna andsupport systemfor panel antennas shall not exceedfive (5) feet above the highest portion of that roof, including parapet walls, and the antenna and support systemfor whip antennas shall not exceedfifteen (15) feet above the highest portion of that roof, including parapet walls. BBW seeks approval to locate one panel antenna approximately 29 feet above the Building roof. Because this request exceeds the height limitation set forth in this subsection 2(a), BBW requests all variances necessary to locate the antennas at this level. See Page 9, below, for a detailed discussion on the BBW's need for the variance. c. If the building is constructed at or above the zone district' s height limit, or if combined height ofthe building and the antenna wouldexceed the applicable height limit, the additional height Of the antenna must be reviewed pursuant to the process and standards (in addition to the standards ofthis Section) ofconditional use review, 13 See Exhibit E, attached hereto, which is a simulated photograph portraying how the Proposed Antenna will appear from a distance of 100 feet. FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 9 Section 26.425.010, unless determined by the Community Development Director to be suitably camouflaged (inwhich case an administrative approval may be granted). The maximum proposed height of the Proposed Antenna is nine feet higher than the maximum height allowed in the Commercial Core zone district of 40 feet.14 BBW asks that the HPC, as designate for the Community Development Director, find that the antenna structure, as modified in the manner described in this application, is suitably camouflaged so that conditional use review is not required in this case. 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. All support and switching equipment shall be located inside the Building. 3. Architectural Compatibility. 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) BBW proposes to paint the Proposed Antenna with non-reflective, "camouflage" paint to minimize the visual impacts of the structure. 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, parapetwalls, screenwalls, 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. Paint selection will make the Proposed Antenna unobtrusive to people on Main Street and the surrounding area. Please see Exhibit E, which is a simulated photograph of the BBW's proposal. Additional screening or walls would simply draw more attention to the antenna than would otherwise be the case. 14 Code, Â§ 26.710.040(D). FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 10 In addition: a. Whenever possible, if monopoles are necessary for the support ofantennas, 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) BBW seeks approval from the HPC for the Proposed Antenna as repainted as described in this application. The current design, when painted in with a "camouflage" paint scheme, will reduce the visual impact ofthe structure. It will be located near and be painted in a manner consistent with the HVAC, venting and other machinery located on the roof of the Building. 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 hiddenfromview shall be painted to match the color of the building or other existing structure. The cables which serve BBW's system are and will be hidden from sight. 9. Request for Variance. Section 26.314.040, Standards Applicable to Variances As requested inthis application, BBW's Proposed Antenna will peak at 29 feet above the Building's roof. The proposal substantially exceeds the maximum height allowed under Code Section 26.575.130(F) and the more restricted limitation described in subsection (2) ofthe regulation. As described in detail in Section 4, above, BBW believes there is good reason to grant a variance in this case to exceed these limits. Section 26.314.040 ofthe Code identifies the process utilized in the HPC's granting a consideration of a variance request. The relevant provisions ofthe Code and the Owners' responses, are found below. A. In order to authorize a variance from the dimensional requirements ofTitle 26, the appropriate decision making body shall make a finding that the following three (3) circumstances exist: FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8, 2001 Page 11 1. The grant of variance will be generally consistent with the purposes, goals, objectives, and policies of the Aspen Area Community Plan and this Title; See discussion in Section 7, ofthis correspondence on page 5, above. 2. The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and The narrow profile and camouflaged surface ofthe antenna structure will cause little visual impact. As mentioned at length in Section 7, above, the unique role the Building plays in the telecommunications infrastructure o f Aspen as well as its central location make it necessary to use the Building as the wireless communications "hub" for the City. A lower antenna will reduce the utility ofthe system because mobile users (which will be primarily representatives of governmental agencies) will have degraded service. Additional costs will be unnecessarily incurred to reach users located on the west side of Aspen. 3. Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district, and would cause the applicant unnecessary hardship or practical dijficute. In determining whether an applicant' s rights would be deprived, the board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the Aspen Area Community Plan and the terms of this Title to other parcels, buildings, or structures, in the same zone district. Please see the discussion found immediately above and in Section 7. B. In order to authorize a variance from the permitted uses of Title 26, the appropriate decision making body shall make afinding that all of thefollowing circumstances exist: 1. Notice by mailing and posting of the proposed variance has been provided to surrounding property owners in accordance with Section 26.304.060(E). Notice will be provided as required by Code. FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8,2001 Page 12 2, A variance is the only reasonable method by which to afford the applicant reliefand to deny a variance would cause the applicant unnecessary hardship or practical difficulty. Please see the discussion found in Section 7, above. 3. The temporary offsite storage or construction staging can be undertaken in such a manner so as to minimize disruption, ifany, ofnormal neighborhood activities surrounding the subject parcel. There will be no disruption of normal neighborhood activities during painting of the antenna structure. 4. Ifownership ofthe off-site parcelsubjectto theproposed varianceis not vested inthe applicant, then verified written authorization of the parcel' s owner must be provided. Please see letter of authorization from John Keleher, a principal of the owner ofthe Building, which is attached hereto as Exhibit G. 5. Adequate provision is made to restore the subject parcel to its original condition upon expiration of the variance, including the posting of such financial security as deemed appropriate and necessary by the appropriate decision making body to insure such restoration. BBW and its landlord have worked out the requirement for the removal ofthe antenna assembly at the termination of BBW's tenancy in the Building. 10. Summary A. BBW is requesting a permit to locate its antenna in its current location at its current height. B. The City's regulations appear to have been drafted with cellular telephone towers in mind. Wireless broadband services facilities have a much smaller visual impact than cell towers. C. The existing antenna was installed to enable wireless services to public safety agencies and other customers. BBW is working with county officials to enable wireless services by this coming spring. D. Because of the unique place of the US Bank building in the telecommunications infrastructure of Aspen, no other location can be used for BBW's antenna structure. Co- FREILICH, MYLER, LEITNER & CARLISLE Mrs. Amy Guthrie November 8,2001 Page 13 location is not possible because the antenna connects directly to the fiber optic network located in conduit which services the US Bank building only. E. Lowering ofthe antenna will degrade service available to both the public and private sector. F, BBW requests that all variance required to maintain the current height of the antenna be granted by the HPC. Sincerely, FREILICH, MYLER, LEITNER & CARLISLE By: ./~~ E. Michael Hoffman Table of Exhibits Exhibit A - Photograph of Existing System Exhibit B - Letter from James Stevens, Manager of Public Safety Information Systems Exhibit C - Article - "Securing The Homeland Wirelessly" Exhibit D - Simulated Photo of Proposed Antenna Exhibit E - Simulated Photo of Proposed Antenna #2 Exhibit F - Information Required by City to Process Wireless Telecommunications Services Exhibit G - Letter of Authorization from Building Owner Exhibit H - Site Plan Exhibit I - Structural Integrity Report (from American Consulting Group, Inc.) Exhibit J - Applicable FCC Regulations A ~' ~ - ., al.'llic.: 236'. /,/3 :.K;-147*42.Â·Â· 2:'.r,tjati r - '.5 - 'Ad'-431/,vt.#AZâ€¢Â·1,-*:"Â· C. (55%4359&564464 . 4, - 4.12%2~i:. ie,/2 1' 1. * 2.i,-CAfA~*>.3-1 '*2 .Â·-3, .Â· i<*Af#T i}~;.ENM~**T~L**c 'ft~'.~4'4.~,~Â¢:2~4b:39,4,&373â€¢'. 4 z ... 9 - , , pr .v- * ' 4%: - "â€¢x- t'~I . Â· r Â£ - s : .795 4 r. ' /, a., 3- .4,44>96%.,4, b.' . .A. ... I :30&1:h . 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Â·Â· a 4.&44*f. 42,4 ,4 RJULT.5 2//7-3/ *V:/3/56 ...b / 9'-1....illl,/625&A..6.A , -r al.,C .....r----- - - ~f 'AId< -.- . -r, ..,"-- ... 4 - - ...1 4.- . . I. A ./C, f -r ./ ., -. *12.1 I A 1 . :.A 4 . .1, . .2- AlÂ·J Â· 14'6/ H. P tre"FiA:'~FiA'.'Mitbm##%01). :1/6*' f , t......... ..47*~#1- Â· 62&91'9 /4 4 b + MF.,1 -20 I. I . .. A I '91 4 f" - ~fyi:.lial- /- . A 4 6 t 1 , %,1, f~Ay 1 , 1.- - . ./ Al- 8 . 2 . h - . I ,--- I. - -- It * , 11.. 4 A'ka, 4 ./ 1 R.-010 k./* - '4 r 'hy.. I ... - 0. .#f ,4 . . :i-, 44.41~10% . .: ..+ . I . I . A /lapt.3 4 Â¥.4 4t $ 9: C. 4 ;: .- 3 >Â£ â€¢4' + .. :tile. /4 i. I . 175:f 4 .ti ..0 /$491 wr* i. '-Al ' . 1,47'...4 t'.:> .. 1 ligo.ablpc " 412.Â·:.Â· .. . 4, , '' ?,1 ' Q ' .% f. .*12 .r-0:i.'V;.kit'j'tÂ· fl,:.:4Â·iâ€¢2:* '' . *._, *Â·â€¢:K lij~â‚¬''~21=3, , 4 . ' F - a - V.+ . CE==1 1 0. S 'i T.*7 â€¢ , 1 [ 0= Â· 1 9 - I j 4 .1. 21 .. , r. r >yÂ» ..th# .dfim.- ~4'Â¥ 0 Â·r. t.4 i - . 4-i.*. *flf. k I . ./ / '194 3 8, 9 1 '.... '' ...- + e ')-I'll '~1â‚¬4Â·a L.*.*2 p.-1.. 4 I f . f. 2-/ 3.2 -r . 141 ./6 4 92(lo ZI ..91 12& 04)/. 6~ 1 A. 1 4 . t ria! 1 11, 11 , ., / 4 f f ! .. . .. .1.; Â¥*' 47 G / .#JA EXHIBIT B Pitkin County Sheriffs Office August 7, 2001 Mr. Ken Chandler Director-Southwest Area-Rural Telecommunications Program Department of Agriculture, Room 2808 1400 Independence Ave.,SW Washington, DC 20250 Dear Mr. Chandler, SUBJECT: BROADBAND WEST RURAL UTILITIES SERVICE It has come to the Pitkin County Public Safety Council's attention that BroadBandWest has proposed a regional project linking several of our public safety districts identified below We unanimously support this effort in that is will be a superb improvement in our operations as well as a great service to our citizenry. We are working on several efforts to share our departmental information among our multiple agencies, and the plan as outlined by BBW would be an integral step forward in that process. If you should have questions or need further information, feel free to contact Jim Stevens directly. Sincerely, ~ines Stevens Manager Aspen/Pitkin County Public Safety Information Systems 970-920-5321 Aspen/Pitkin County Public Safety Council Member Agencies Pitkin County Board of County Commissioners Aspen Fire Protection District Pitkin County Sheriffs Office Basalt Police Department Pitkin County Combined Communication Center Basalt & Rural Fire Protection District Pitkin County Airport ARFF Carbondale & Rural Fire Protection District Aspen Ambulance District Mountain Rescue Aspen Aspen Police Department Snowmass Village Police Department Snowmass-Wildcat Fire Protection District Administration: 506 E. Main, Suite 101 Aspen, CO 81611 970/920-5300 Facsimile: 970/920-5307 . . - ./.0- nÂ·,ril A 7 n /A -, A ... 1 r.-:-:1...n-,n/non r,-On -2- August 7, 2001 Robert C. Braudis, Sheriff SUPPORT AGENCIES Pitkin County Attorney American Red Cross, Mike Alsdorf Colorado State Patrol, Gary Eshelman Office of Emergency Management, Steve Denny Community Health Services, Tazi Lutgnng Aspen Water Department, Charles Bailey (Mark O'Mean) Environmental Health PitCo Personnel Review Board, Tricia Louthis PitCo Road & Bridge, Brian Pettet RTA, Dan Blankenship Aspen Valley Hospital, Dr. W. Rodman/Ginny Dyche City of Aspen (Administration) Ed Saddler City of Aspen Risk Management-Peggy Carlson CC: Steve Collin, President BroadBandWest, llc. Administration: 506 E. Main, Suite 101 Aspen, CO 81611 970/920-5300 Facsimile: 970/920-5307 p. r r ...1. -1. 1 A.--- r-n 01 21 1 n=A/n-Dn cool C-â€¢,-eir.,InÂ· O7A /(33(1_C:2 20 Exhibit C Article Securing The Homeland Wirelessly Aether Homeland Initiative Focuses On Security, Investigation BY BRAD SMITH NOVEMBER 5, 2001 WIRELESS WEEK When President Bush appointed Pennsylvania Gov. Tom Ridge to head the new Office of Homeland Security, he reinforced the fact that confronting national threats will require a coordinated effort involving not only federal agencies but state and local ones as well. The effort includes giving law enforcement agencies across the country the ability to quickly share information about terrorists and terrorist attacks. Former National Security Adviser Samuel Berger emphasized that point recently when he told an Oct. 17 forum on national security that data integration among law enforcement agencies should be the top priority. "Law enforcement officers and intelligence agencies need to share information in real time to catch terrorists," he said. The challenge lies in the fact that there are tens of thousands of local, state and federal law enforcement agencies and thousands more officers constantly on the move. So how do you give them access to real-time information about the FBI's terrorist watch list or data from the National Crime Information Center? The obvious answer is wirelessly. Aether Systems Inc. of Owings Mills, Md., recently launched its own Homeland Initiative, combining several of its existing wireless data services for public safety agencies with a focus on security and investigation. Its services already have been put to use by several of the federal agencies in Washington, D.C., that are involved in the terrorist investigations. Charley VIcek, Aether's vice president of strategic projects, says the nation's law enforcement agencies have a well-established information network, but until Sept. 11, "there has been no need to have national coordination in real time." VIcek says he recently sat in on a national conference of mayors. Two of their main security concerns were how the federal government was going to coordinate state and local activities with those of federal investigators and how they were going to share the data being gathered. VIcek believes the national wireless data infrastructure already in place using such technologies as cellular digital packet data, Mobitex and DataTac can provide that link. In the days following the Sept. 11 terrorist attacks, Aether set up a system for federal investigative agencies in the nation's capital that ran through a server already in use by the Lake County Sheriff's Department in Tavares, Fla. Ty Roden, computer services coordinator for the Lake County department, says the office already was using Aether's PocketBIue and PacketCluster Patrol products. PocketBIue is a handheld application, while the Patrol product is for laptops in vehicles. Both can be used for intra-agency communications as well as to check databases from organizations such as the NCIC. The sheriff's office was eager to cooperate with the Washington, D.C., deployment, Roden says, and because Aether's server was scalable, adding 90 to 100 more users was no problem. When the Sept. 11 situation occurred, Roden says, federal agents "needed to be mobile and get the information they needed without calling people. PocketBIue was perfect for that." Federal agents in Washington, D.C., use Research In Motion Ltd.'s 950 and 957 handhelds on the Cingular Interactive network. "We believe the FBI is working on digitizing and installing a terrorist-tracking database and making it part of NCIC," VIcek says. "Every officer is familiar with NCIC, which they can access with PocketBIue and Packet Cluster Patrol." Other Aether services that are part of the Homeland Initiative include StopTracker, which was developed to monitor racial profiling but can be used as a field interview and investigative application, and the new PocketRescue and its companion PacketCluster Rescue for fire agencies. "The national mobile data infrastructure that exists today is an incredible asset," VIcek says. "Very often it was [RIM] BlackBerry that was operational when cellular phones were overloaded. Today, wireless data is dependable." . I. hyÂ»flbt ./.lf'.:/*Ip 54&&'I+.t, Â·>74%.14,4,6Â· 2 .-,â‚¬% < "~ 79 Â·~*t-.-r~~~~t:~,,Iâ€¢Â·4 ' k..fo:(P,NA#:r,1 41 + ..4,1~.2 + j - *9: 2,~1:*d..49 .9 7.... . J . 10%.4. 3.hbrffi:Â·5 44 .,., 631~ I . 9<4449Af . 4,. 4-ret 1~* 1* 7 * ', 47.1 -274, U>. .k,,%*A. 6. . ,Â¥r - .'IÂ·,4 -Â·: 4 ~ 4 ~ Â«j-toÂ«.2743*'.~6-'gÂ»--Â«~Â»2-Â»-1~SIA,--g+ >MIN~ ..3-3, i= 41@1#*4'.4 -4 >t '7 , , .3*-# . 4 Â·.~:*:.9:.649~91%'' '1';pf<utÂ·tti . Â· f..6 r ' 4 ' ' -'.Â·.2.:B, 1 -6 Q. v. ,â‚¬i . 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I . . 7 ... : . , . 6 Exhibit F - Information Required by Code to Submitted with Application Republished from Code Section 26.575.130 (D) 1, Site Planor plans drawn toascale ofone (1'9 inchequals ten (10') feetorone (1") inch equals twenty (20')feet, including before and "after" photographs (simulations) specifying the location of antennas, support structures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and all adjacent land uses within one-hundredfifty (150') feet, Such plans and drawings should demonstrate compliance with the Review Standards of this Section. See Exhibit H. 2. Site Improvement Survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified (wet ink signed and stamped, and dated within the past twelve (12) months) by a registered land surveyor, licensed in the State of Colorado. BBW asks that this requirement be waived as the antenna is located on the roof of an existing building. 3. Landscape Plan drawn to a scale ofone (1") inch equals ten (10' ) feet or one (1") inch equals twenty (20') feet, including before and "after" photographs (simulations) indicating size, spacing and type of plantings, and indicating steps to be taken to provide screening as required by the Review Standards of this Section. The landscape plan(s) shall also indicate the size, location and species of all existing vegetation and whether each of those indicated are proposed for removal (indicate proposed mitigation), relocation (indicatefrom and to), or preservation. The planner can determine if a landscape plan is necessary; for instance, when an antenna is to be attached to a building, this requirement may be waived. BBW requests that this requirement be waived as, as suggested in the regulation, the antenna is to be attached to the roof of the Building. No landscaping is proposed in connection with the construction of this antenna. 4. Elevation drawings or before and "after" photographs/drawings simulating and specifying the location and height ofantennas, support structures, transmission building(s) and/or other accessory uses, fences, and signs. See Exhibits D and E. 5. Lighting plan and photometric study indicating the size, height, location and wattage of all proposed outdoor lighting sources. This study must also include a graphic indicating the spread and degree/intensity oflightfrom each source/fixture. This requirement can be waived by the Community Development Director if little or no outdoor lighting is proposed. BBW requests that this requirement be waived as it plans no lighting for the proposed antenna. 6. Structural Integrity Report from a professional engineer licensed in the State of Colorado documenting the following: Exhibit F November 9,2001 Page 2 a. Tower height and design, including technical, engineering, economic, and other pertinent factors governing selection of the proposed design; b. Total anticipated capacity ofthe structure, including number and types ofantennas which can be accommodated; c. Failure characteristics Of the tower and demonstration that site and setbacks are of adequate size to contain debris in the event offailure; and, d. Specific design and reconstruction plans to allow shared use. This submission is required only in the event that the applicant intends to share use of the facility by subsequent reinforcement and reconstruction of the facility. See Exhibit I. 7. FAA and FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC), respectively, that: a. [Not applicable.] b. (Required of all wireless telecommunication services facility or equipment applicants) the application complies with the regulations ofthe Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency emissions, or a statement from the applicant that no such compliance is necessary, and the reasons therefor. See FCC regulations attached hereto as Exhibit J. BBW' s high-speed internet system utilizes "part 15 devices" as defined in 47 C.F.R. Â§ 15.1, which require no FCC license provided the technical requirements of the regulations are followed. The company's equipment utilizes radio-frequency in the range of 2400 to 2483.5 MHz, which are specifically regulated at 47 C.F.R. Â§ 15.247. The antenna operates on less than one watt of power, substantially below the level at which an FCC license would be required. The statements made in this paragraph are intended to comply with the requirements set forth in subsection (b), above. 8. Evidence that an ejfort was made to locate on an existing wireless telecommunication services facility site including coverage/ interference analysis and capacity analysis and a brief statement as to other reasons for success or no success. The antenna is connected to BBW's POP (Point of Presence), a network control facility operating in the lower level of the US Bank building. The antenna connects to BBW's fiber network, the highest capacity fiber access point in Pitkin County. This POP location was chosen specifically to support public safety agencies and commercial businesses located in the Commercial Core. This antenna is connected to a fiber optic cable which was installed by Qwest for BBW at the Building. No other building in Aspen has the fiber optic capacity of this location (as described in Exhibit F November 9,2001 Page 3 Section 7, above). No other wireless telecommunications services provider has a need to locate an antenna on the Building and it would be impractical to extend the cable which links BBW's connection to the fiber optic network to another location. 9. Written documentation in the form of a signed affidavit demonstrating a good faith egort in locating facilities in accordance with Site Selection Order of Preference outline below. The proposed location ofthe antenna on top of the Building meets the first preference for the siting of such equipment as expressed in Code Section 26.575.130(E)(2). EXHIBIT G BANKER'S PROFESSIONAL BUILDING CORPORATION 420 East Main Street Aspen, Colorado 81611 970-920-2135 City of Aspen 130 South Galena Street Aspen, Colorado 81611 re: Antenna U.S. Bank Building Gentlemen: This is to advise you that the owners of the building at 420 East Main Street have no objection to the installation of an antenna on the roof top of the building. If you have any questions, please call. YAil/very truly, i/ .Mhn G. Keleher copy: Page Spracher, President, Banker's Professional Building Corporation Steve Collins, Broadband West Telecom EXH I 8-)T H AE, 8 MERICAN Client: BROAD8AND WEST Dote: to/1,0/0, 420 E. MAIN STREET ONSULTING Drown By: TL ASPEN, CO ~ROUP.INC GROUP 6830 N. BROAUNAY, SUM[E G ANTENNA RECONFIGUFWION Checked By: CP Project: BROADBAND WEST DENVER, COLORADO, 80221 PHONE 303-4t2-8900 FAX 303-412-8999 Proj #: ACG-1138 Sheet lofl Scole: AS SHOWN www.omcongroup.corn www.AmConGroup.com ,~ANTENNA LEG (.247" THICK) ~-(E MECH. EQUIP) / 1 1 7 ROOF b Â· Â· Â¤VENT 1/2" PLYWOOD m 10' LEG (.180" THICK) ROOF 01-1- Ir (E MECH, EQUIP) ACCESS 0 R FROOF- 0/ EQUrP. 01 75'-0" O REG/O 35670 21 u ROOF PLAN N.T.S. (J9 ..: 480 .OP:~00 COPYRIGHT 2001 AMERICAN CONSULTING GROUP INC. THESE DRAWINGS ARE PROTECTED BY FEDERAL, STATE AND COMMON LAW COPYRIGHT PROTECTION UNDER TITLE 17 USC, SECTION 101 ET SEQ, AND MAY NOT BE RE-USED. COPIED REPRODUCED OR DISTRIBUTED WITHOUT THE EXPRESSED WRITTEN CONSENT AND AUTHORIZATION OF AMERICAN CONSULTING GROUP, INC. A 'AA.AH lai I .6 A â€¢ 7 1 Inf,7 .2 , A A k â‚¬2 American Consulting Group, Inc. MI 6830 North Broadway, Suite G Denver, CO 80221 EXHIBIT I Phone 303.412.8900 Group www.AmConGroup.com Fax 303.412.8999 November 2, 2001 Mr. E. Michael Hoffman Freilich, Myler, Leitner & Carlisle, PC 106 S. Mill Street, Suite 202 Aspen, Colorado 81611 Re: Structural Review of Roof-top Mounted Antenna Structure Broadband West, LLC, 420 East Main Street, Aspen, CO Dear Sir, In accordance with our proposal dated October 23,2001, we have completed a structural analysis for the above referenced project site. On October 25,2001 an engineer from our office visited the site at 420 East Main Street, Aspen, CO where a gravity mounted antenna structure has been placed on the roof. This structure structure is located along the northeast wall adjacent to existing mechanical air handling equipment. See attached sketch for details. The structure is a galvanized steel lattice frame that extends approximately 19-ft above the roof surface. The base of the structure has three channel braces that extend approximately 10- ft in each of three directions 120Â° apart. The braces are ballasted in the middle and at the ends with sand bags and concrete masonry blocks. The width of the structure is 12-inches with 1-inch diameter pipe legs and 3/16-inch diameter solid bar Z-bracing at 16-inches OC vertically. Based on our knowledge of structures of this type, we believe it to be a Rohn 25G or similar. See attached details for a Rohn 25G section. Per telephone conversation with Mr. Tony Fasero of the Aspen Building Dept., the design wind speed for structures within the city is 80 mph with a roof live load at 8000-ft AMSL of 75- psf for snow. Calculations utilize the ANSI TIA/EIA 222-F 1996 standards for wind loads. Based on our structural analysis of the roof system, it is adequate to support the existing structure plus ballast. It should be noted however that the existing ballast weights are insufficient to resist overturning. We suggest ballast weights be six (6) concrete masonry units (CMU) that weigh 44 lbs each total weight at each brace end 264 lbs at a distance of 10-ft horizontal from the structure base plus three (3) CMU's (132 lbs) at the base of the structure. If ballast weights are not used, the braces may be bolted to the roof using (2) 3/8-inch diameter Hilti epoxy anchors or equal at the end of each brace. Additionally, if ballast or anchors are not desired, the structure could be guyed to the roof. However, to the extent that anchorage will be needed for the guy ends and that the building does not want any roof penetrations, we feel that ballasts are the best alternative. The roof of the building was found to be 8-ft wide x 14-inch deep pre-cast double-tees with a 2-inch concrete topping (aka: 8DT14+2) that spans approximately 25-ft for the center span with a 25-ft span at each end, for total building length of 75-ft. Our analysis demonstrates that the roof structure can adequately carry the design loads plus the antenna frame and required 264 lbs of ballast at the end of each brace plus the 132 lbs at the structure base. Page 2 of 2 Re: Broadband West 420 Main Street, Aspen A Rohn 25G structure has a maximum allowable antenna area of 9.0 sf for a 20-ft structure. The existing antenna has a surface area of 2.5 sf.. This leaves an available balance of 6.5 sf of surface area for additional antennas. The structure could accommodate additional antennas and/or other carriers but again, the addition will be limited to the allowable square footage. Currently, the structure is located within 10-ft of the parapet edge. In the event of failure, it could cause property damage or injure anyone below. We recommend the fall zone be clear by placing the antenna at least 25-ft from centroid to parapet edge. If you have any questions, please feel to contact me at our office 303.412.8900. Sincerely, American Consulting Group, Inc. Christopher Porcello, PE Project Engineer Attachments: Structural Calculations American Consulting Group Inc. Title : Broadband West Job #ACe- 6830 North Broadway, Suite G Dignr: C. Porcello, PE Date: 2:26PM, 1 NOV 01 Description : Antenna frame at 420 Main, Aspen Denver, CO 80221 Phone (303) 412-8900 Scope: Check roof beams Fax (303) 412.8999 Single Span Beam Analysis pa991. General Information Description : Check 8DT14 Center Span 25.00 ft Moment of Inertia 4,508.000 in4 Left Cantilever ft Elastic Modulus 3,040 kai Right Cantilever ft Beam End Fixity Pin-Pin Uniform Loads On Center Span... On Left Cantllever... On Right Cantllever... #1 0.160 km # 1 left #1 left #2 0.600 km #2 k/ft #2 k/ft 1 Point Loads ~ Magnitude 0.264 k 0.258 k k k k Location 4.000 ft 14.750 ft ft ft ft [Trapezoldal Loads ~ Magnitude @ Left 0.400 km k/ft left left Magnitude @ Right 0.400 left k/R kift k/ft Dist. To Left Side 16.000 ft ft ft ft Dist. To Right Side 24.000 ft ft ft ft ~ Query Values ~ Center Location 0.000 ft Left Cant 0.000 ft Right Cant 0.000 ft Moment 0.00 k-ft 0.00 left 0.00 k-ft Shear 10.47 k 0.00 k 0.00 k Deflectlon 0.00000 in , 0.00000 in 0.00000 In Moments... k-ft Shears... Reactions... Max @ Center 69.55 at 13.40 ft @ Left 10.47 k @ Left 10.47 k Min @ Center 0,00 at 0.00 ft @ Right 12.25 k @ Right 12.25 k @ Lef! Cantllever 0.00 Deflectlons... @ Right Cantilever 0.00 @ Center -0.575 In at 12.70 ft @ Left Cant. 0.000 In at 0.00 ft Maximum = 69.66 k-ft 0 Right Carli 0.000 In at 0.00 R c....AS> ~*-Â·53 E* 35670 E O.: 2 . 40 '*W/ONAL08>' (c) 1983Â·97 ENERCALC c:\enercale\broadbd,ecw KW-060119. V6.0.2.1-Jun-199.%% Client '52.04919440 ....BEJT, LLC- Engineer (3 . fZ R,c El. L...9 Address 4 20 1/1,4 1 4 1:>T. j Ab fe 4 Date lea 1 0 20 0 1 GROUP - Project No. AC 4 - 1138 File No. Check By A.K'llÂ¢It]('Ax t:(3.6':it!.TI.\(4 {.214(]l'r 1\('. Title A~Te-NA A TGO 4 - 2,00 9- TOP Date 20 6830 North Broadway, Suite G Denver, CO 8022 ! page 0/1 of 3 Phone 003) 4 12-8900 Fax (3(13) 4 124999 CW elk. OT 41 AE = 'lk>â‚¬41. AgÂ·64 : 11 'C 1 4/EL + 395,>12. 4 0, oist,2-5 ') = 3,1 + 0, Sl (o.te AACE) <' 0 LE-45 1~ r 3,72 sm 3 j M 30Â° c 1. 1 1 6 0,1 \K Ill P t K= S,S' COS 30* -- K , C D.BUG ' ANS} T/A/6/4 -111- F # W, 4 D 00 AID> O J TO 00 ENt al='pieâ€¢JTb '' 7= a 62 4 M E CF AE + 2~ @â€¢ A')7 0653 Sic 0, 00256 K V i 2 2-- 14 + abo 1,12 5, ov- J - 40 ' 84.047 + 1 9 1 -Towel 2, t. sql 1(2. I L /3,1,1 : 1, lei ~2 *= O. 000 6 0,/0/,) (34 = /9,54 21' - -3.LEf *09.4491.4 - a.@,ER pO 0..4 0:CO ~14 : o, 05 + Q ~~ 0~ h/1 4 V; h = 1 9 - pr i% 35670 1 0,l/7 + 0Â·bo 13 i |,2-99 --9 Vhvt,r BE 4 1Â·z,<.... tin- 1,25. Â»1 Client <DEÂ·Â£9 Art> R. A-â€¢- D 61/Gb'E Engineer r C fl 2-c-â‚¬Ll-2 yâ‚¬/ Address Date ID-30 20 01 GROU][1) Project No. 40-4 -0 Ii)'6 File No. Check By AMI:.lila.x i 'C )Nsi-J:I'IN'(~ NRC) l' 1 > 1 24 CO Title Date 20 6830 North Broadway, Suite G Denver. CO 80221 Page D F 2- of 3 Phone (303) 412-8900 Fax (303) 412-8999 CF r 2,g e= - 4 0 7 Â£ t 3,4 (~.1- ef A.,a 6 u L.AwL 'be-C--1 j 0 k.2) e z (AR + AR) /4 A 6- ~ 3,72 3=/ 41 'C ' j 2 0,2 o fr : 3,4 (2,61 - 9Â·9' C e , 13 + 3,9 ~ 2,60 F 0 z o ( 1,25-3 ~2 , u o (30? 11 3] z Z H I , 0 (t 544 14 2-d ANT . Do , 41 D WAD Cheek 07*7 p = 200,2Â¢~T /,0 (,a)33 = 92.5~~ 0 7 n, z -2 9 Z. C. 12) + 42. 1183 A A.= 4125 14 â€¢ 0.5,#. (,2,5 d â€žS : 2910 + 1121 . 9 \ 19 : 3549 (6 - pr 64. 2 - 9- ' F e=60 - 90 \ rig 1 25,6 (.5. 51 + f (/6. 4) 'Fe B & e W I a ht lor'-% " \ 241 : .X WRS A -2.400 -IGH . 1 11.119 + 7 06.4) Aâ€¢41"EMAA K ( 4 4 9 407 U ~ 3 9/emu 5F = 1.5 C 1919+ PC I 6.4) 8606,5 4 â‚¬ 35-45 \,flhb EA , LED, Wt:1014.T -rowei. l,.,6k /~rl' Fs %31.7 4 = 5-1 9 840 01< 5 â€¢ 1:Lt Â£ b 1 Abwth El MA .17-*$*ari-LCELM-- --*--i--=Il-W- ' 1, 6, e f,p -- 9 & 4 t J;,51 9 50'56 6,) B"4 4"k/G" Sol, 0 Cm 42 1 2,0 91 2- (~ A-T ge 8 0 F 240. W 624(6 S AMT, c S i , 16 ,i Der.. { AAD (11 8"lil",IG" Crul 4-7- Tt,02..) 62 2. Â· 8 1.AC, 4 0. Â·- 7-5 11 â€¢VT = 96 +54 1< = Lk.1.-0 ~~Ds~ssR~rQj~*~ ~2~35670~}:1 0 IA#M.-0 Â£ 1 . j....,1 111 1...91 la A I . A . A A . EXHIBIT J Federal Communications Commission Â§15.1 15.109 Radiated emission limits, 15.249 Operation within the bands 902-928 15.111 Antenna power conduction limits for MHz, 2400-2483.5 MHz, 5725-5875 MHz, and receivers. 24.0-24.25 GHz. 15.113 Power line carrier systems. 15.251 Operation within the bands 2.9-3.26 15.115 TV interface devices, including cable GHz, 3.267--3.332 GHz, 3.339-3.3458 GHz, and systenn terminal devices. 3.358-3.6 GHz. 15.117 TV broadcast receivers. 15.253 Operation within the bands 46.7--46.9 15.118 Cable ready consumer electronics GHz and 76.0-77.0 GHz. equipnnent. 15.119 Closed caption decoder requirements 15.255 Operation within the band 59.0-64.0 GHz. for analog television receivers. 15.120 Program blocking technology re- quirements for television receivers. Subpart D-Unlicensed Personal 15.121 Scanning receivers and frequency Communications Service Devices converters used with scanning receivers. 15,122 CIosed caption decoder requirements 15.301 Scope. for digital television receivers and con- 15.303 Definitions. verter boxes. 15.305 Equipment authorization require- ment. Subpart C-Intentional Radiators 15.307 Coordination with fixed microwave service. 15.201 Equipment authorization require- 15.309 Cross reference. ment. 15.311 Labelling requirements. 15.203 Antenna requirement. 15.204 External radio frequency power am- 15.313 Measurernent procedures. plifiers and antenna modifications. 15.315 Conducted limits. 15.205 Restricted bands of operation. 15.317 Antenna requirement. 15.207 Conducted limits. 15.319 General technical requirements. 15.209 Radiated emission limits; general re- 15.321 Specific requirennents for quirements. asynchonous devices operating in the 15.211 Tunnel radio systems. 1910-1920 MHz and 2390-2400 MHz bands. 15.213 Cable locating equipment. 15.323 Specific requirements for isochronous 15.214 Cordless telephones. devices operating in the 1920-1930 MHz sub-band. RADIATED EMISSION LIMITS, ADDITIONAL PROVISIONS Subpart E-Unlicensed National 15,215 Additional provisions to the general Information Infrastructure Devices radiated emission limitations. 15.217 Operation in the band 160-190 kHz. 15.401 Scope. 15,219 Operation in the band 510-1705 kHz. 15.403 Definitions. 15.221 Operation in the band 525-1705 kHz. 15.405 Cross reference. 15.223 Operation in the band 1.705-10 MHz. 15.225 Operation within the band 13.553- 15,407 General technical requirements. 13.567 MI-Iz. AUTHORITY: 47 U.S.C. 154, 302, 303, 304, 307 15.227 Operation within the band 26.96--27.28 and 544A. MHz. 15.229 Operation within the band 40.66--40.70 SOURCE: 54 FR 17714, Apr. 25, 1989, unless MHz. otherwise noted. 15.231 Periodic operation in the band 40.66- 40.70 MHz and above 70 MHz. Subpart A-General 15.233 Operation within the bands 43.71--44.49 MHz, 46.60-46.98 MHz, 48.75-49.51 MHz and 49.66-50.0 MHz. Â§ 15.1 Scope of this part. 15.235 Operation within the band 49.82-49.90 (a) This part sets out the regulations MHz. under which an intentional, uninten- 15.237 Operation in the bands 72.0-73.0 MHz, tional, or incidental radiator may be 74.6--74.8 MHz and 75.2-76.0 MHz. 15.239 Operation in the band 88-108 MHz. operated without an individual license. 15.241 Operation in the band 174-216 MHz. It also contains the technical specifica- 15.242 Operation in the bands 174--216 MHz tions, administrative requirements and and 470--668 MHz. other conditions relating to the mar- 15.243 Operation in the band 890-940 MHz. keting of part 15 devices. 15.245 Operation within the bands 902--928 (b) The operation of an intentional or MHz, 2435-2465 MHz, 5785-5815 MHz, 10500- 10550 MHz, and 24075-24175 MHz. unintentional radiator that is not in 15.247 Operation within the bands 902--928 accordance with the regulations in this MHz, 2400-2483.5 MHz, and 5725-5850 MHz. part must be licensed pursuant to the 675 Â§ 15.3 47 CFR Ch. I (10-1-00 Edition) provisions of section 301 of the Commu- functions as a CSTD in one of its oper- nications Act of 1934, as amended, un- ating modes must comply with the less otherwise exempted from the li- technical requirements for such de- censing requirements elsewhere in this vices when operating in that mode. chapter. (B Carrier current system. A system, or (c) Unless specifically exempted, the part of a system, that transmits radio operation or marketing of an inten- frequency energy by conduction over tional or unintentional radiator that is the electric power lines. A carrier cur- not in compliance with the administra- rent system can be designed such that tive and technical provisions in this the signals are received by conduction part, including prior Commission au- directly from connection to the elec- thorization or verification, as appro- tric power lines (unintentional radi- priate, is prohibited under section 302 ator) or the signals are received over- of the Communications Act of 1934, as the-air due to radiation of the radio amended, and subpart I of part 2 of this frequency signals from the electric chapter. The equipment authorization power lines (intentional radiator). and verification procedures are de- (g) CB receiver. Any receiver that op- tailed in subpart J of part 2 of this erates in the Personal Radio Services chapter. on frequencies allocated for Citizens Band (CB) Radio Service stations, as Â§ 15.3 Definitions. well as any receiver provided with a (a) Auditocy assistance device. An in- separate band specifically designed to tentional radiator used to provide audi- receive the transmissions of CB sta- tory assistance to a handicapped per- tions in the Personal Radio Services. son or persons. Such a device may be This includes the following: (1) A CB used for auricular training in an edu- receiver sold as a separate unit of cation institution, for auditory assist- equipment; (2) the receiver section of a ance at places of public gatherings, CB transceiver; (3) a converter to be such as a church, theater, or audito- used with any receiver for the purpose rium, and for auditory assistance to of receiving CB transmissions; and, (4) handicapped individuals, only, in other a multiband receiver that includes a locations. band labelled "CB" or "11-meter'' in lb) Biomedical telemetry device. An in- which such band can be separately se- tentional radiator used to transmit lected, except that an Amateur Radio measurements of either human or ani- Service receiver that was manufac- mal biomedical phenomena to a re- tured prior to January 1, 1960, and ceiver. which includes an 11-meter band shall lâ‚¬) Cable input selector switch. A trans- not be considered to be a CB receiver. fer switch that is intended as a means (h) Class A digital device. A digital de- to alternate between the reception of vice that is marketed for use in a com- broadcast signals via connection to an mercial, industrial or business environ- antenna and the reception of cable tel- ment, exclusive of a device which is evision service. marketed for use by the general public (d) Cable locating equipment. An inten- or is intended to be used in the home. tional radiator used intermittently by U) Class B digital device. A digital de- trained operators to locate buried ca- vice that is marketed for use in a resi- bles, lines, pipes, and similar struc- dential environment notwithstanding tures or elements. Operation entails use in commercial, business and indus- coupling a radio frequency signal onto trial environments. Examples of such the cable, pipes, etc. and using a re- devices include, but are not limited to, ceiver to detect the location of that personal computers, calculators, and structure or element. similar electronic devices that are le) Cable system terminal device marketed for use by the general public. (CSTD). A TV interface device that NOTE: The responsible party may also qual- serves, as its primary function, to con- ify a device intended to be marketed in a nect a cable system operated under commercial, business or industrial environ- part 76 of this chapter to a TV broad- ment as a Class B device, and in fact is en- cast receiver or other subscriber couraged to do so, provided the device com- premise equipment. Any device which plies with the technical specifications for a 676 Â§ 15.247 47 CFR Ch. I (10-1-00 Edition) Â§ 15.247 Operation within the bands on any one channel shall not be greater 902-928 MHz, 2400-2483.5 MHz, and than 0.4 seconds within the time period 5725-5850 MHz. required to hop through all channels. (a) Operation under the provisions of (2) For direct sequence systems, the this section is limited to frequency minimum 6 dB bandwidth shall be at hopping and direct sequence spread least 500 kHz. spectrum intentional radiators that (b) The maximum peak output power comply with the following provisions: of the intentional radiator shall not ex- (1) Frequency hopping systems shall ceed the following: have hopping channel carrier fre- (1) For frequency hopping systems in quencies separated by a minimum of 25 the 2400-2483.5 MHz band employing at kHz or the 20 dB bandwidth of the hop- least 75 hopping channels, all frequency ping channel, whichever is greater. The hopping systems in the 5725-5850 MHz system shall hop to channel fre- band, and all direct sequence systems: quencies that are selected at the sys- 1 watt. For all other frequency hopping tenn hopping rate from a systems in the 2400-2483.5 MHz band: pseudorandomly ordered list of hopping 0.125 watts. frequencies. Each frequency must be (2) For frequency hopping systems used equally on the average by each operating in the 902-928 MHz band: 1 transmitter. The system receivers shall watt for systems employing at least 50 have input bandwidths that match the hopping channel bandwidths of their hopping channels; and, 0.25 watts for systems employing less than 50 hop- corresponding transmitters and shall ping channels, but at least 25 hopping shift frequencies in synchronization channels, as permitted under para- with the transmitted signals. (i) For frequency hopping systems op- graph (a) (1) (i) of this section. erating in the 902-928 MHz band: if the (3) Except as shown in paragraphs 20 dB bandwidth of the hopping channel (b) (3) (i), (ii) and (iii) of this section, if is less than 250 kHz, the system shall transmitting antennas of directional use at least 50 hopping frequencies and gain greater than 6 dBi are used the the average time of occupancy on any peak output power from the inten- frequency shall not be greater than 0.4 tional radiator shall be reduced below seconds within a 20 second period; if the stated values in paragraphs (b) (1) the 20 dB bandwidth of the hopping or (b) (2) of this section, as appropriate, channel is 250 kHz or greater, the sys- by the amount in dB that the direc- tem shall use at least 25 hopping fre- tional gain of the antenna exceeds 6 quencies and the average time of occu- dBi. pancy on any frequency shall not be (i) Systems operating in the 2400- 47' greater than 0.4 seconds within a 10 2483.5 MHz band that are used exclu- second period. The maxirnum allowed sively for fixed, point-to-point oper- 20 dB bandwidth of the hopping channel ations may employ transmitting an- is 500 kHz. tennas with directional gain greater (ii) Frequency hopping systems oper- than 6 dBi provided the maximum peak ating in the 2400-2483.5 MHz and 5725- output power of the intentional radi- 5850 MHz bands shall use at least 75 ator is reduced by 1 dB for every 3 dB hopping frequencies. The maximum 20 that the directional gain of the an- dB bandwidth of the hopping channel is tenna exceeds 6 dBi. 1 MHz. The average time of occupancy (ii) Systems operating in the 5725- on any frequency shall not be greater 5850 MHz band that are used exclu- than 0.4 seconds within a 30 second pe- sively for fixed, point-to-point oper- riod. ations may employ transmitting an- (iii) Frequency hopping systems in tennas with directional gain greater the 2400-2483.5 MHz band may utilize than 6 dBi without any corresponding hopping channels whose 20 dB band- reduction in transmitter peak output width is greater than 1 MHz provided power. the systems use at least 15 non-over- (iii) Fixed, point-to-point operation, lapping channels. The total span of as used in paragraphs (b) (3) (i) and hopping channels shall be at least 75 (b) (3) (ii) of this section, excludes the MHz. The average time of occupancy use of point-to-multipoint systems, 740 Federal Communications Commission Â§ 15.247 omnidirectional applications, and mul- (2) As measured using the CW jam- tiple co-located intentional radiators ming margin method: a signal gener- transmitting the same information. ator is stepped in 50 kHz increments The operator of the spread spectrum across the passband of the system, re- intentional radiator or, if the equip- cording at each point the generator ment is professionally installed, the in- level required to produce the rec- staller is responsible for ensuring that ommended Bit Error Rate (BER). This the system is used exclusively for level is the jammer level. The output fixed, point-to-point operations. The power of the intentional radiator is instruction manual furnished with the measured at the same point. The intentional radiator shall contain lan- jarniner to signal ratio (J/S) is then guage in the installation instructions calculated, discarding the worst 20% of informing the operator and the in- the J/S data points. The lowest remain- staller of this responsibility. ing J/S ratio is used to calculate the (4) Systems operating under the pro- processing gain, as follows: Gp = (S/N) visions of this section shall be operated 0 + MJ + Lsys, where Gp = processing in a manner that ensures that the pub- gain of the system, (S/N) 0 = signal to lic is not exposed to radio frequency noise ratio required for the chosen energy levels in excess of the Commis- BER, Mj = J/S ratio, and Lsys = system sion's guidelines. See Â§ 1.1307(b) (1) of losses, Note that total losses in a sys- this chapter. tem, including intentional radiator and (c) In any 100 kHz bandwidth outside receiver, should be assumed to be no the frequency band in which the spread more than 2 dB. spectrum intentional radiator is oper- ating, the radio frequency power that (f) Hybrid systems that employ a is produced by the intentional radiator combination of both direct sequence shall be at least 20 dB below that in the and frequency hopping modulation 100 kHz bandwidth within the band techniques shall achieve a processing that contains the highest level of the gain of at least 17 dB from the com- desired power, based on either an RF bined techniques. The frequency hop- conducted or a radiated measurement. ping operation of the hybrid system, Attenuation below the general limits with the direct sequence operation specified in Â§ 15.209(a) is not required. turned off, shall have an average time In addition, radiated emissions which of occupancy on any frequency not to fall in the restricted bands, as defined exceed 0.4 seconds within a time period in Â§ 15.205(a), must also comply with in seconds equal to the number of hop- the radiated emission limits specified ping frequencies employed multiplied in Â§15.209(a) (see Â§15.205(c)). by 0.4. The direct sequence operation of (d) For direct sequence systems, the the hybrid system, with the frequency peak power spectral density conducted hopping operation turned off, shall from the intentional radiator to the comply with the power density require- antenna shall not be greater than 8 ments of paragraph (d) of this section. dBm in any 3 kHz band during any time (g) Frequency hopping spread spec- interval of continuous transmission. trum systems are not required to em- (e) The processing gain of a direct se- ploy all available hopping channels quence system shall be at least 10 dB. during each transmission. However, the The processing gain represents the im- system, consisting of both the trans- provement to the received signal-to- mitter and the receiver, must be de- noise ratio, after filtering to the infor- signed to comply with all of the regula- mation bandwidth, from the spreading/ tions in this section should the trans- despreading function. The processing mitter be presented with a continuous gain may be determined using one of data (or information) stream. In addi- the following methods: tion, a system employing short trans- (1) As measured at the demodulated mission bursts must comply with the output of the receiver: the ratio in dB definition of a frequency hopping sys- of the signal-to-noise ratio with the tem and must distribute its trans- system spreading code turned off to the missions over the minimum number of signal-to-noise ratio with the system hopping channels specified in this sec- spreading code turned on. tion. 741 Â§ 15.249 47 CFR Ch. 1 (10-1-00 Edition) (h) The incorporation of intelligence Field Field within a frequency hopping spread Fundamental frequency fundamental harmonics strength of strength of spectrum system that permits the sys- (millivolts/ (microvolts/ meter) meter) tem to recognize other users within the spectrum band so that it individually 902-928 MHz ..... 50 500 and independently chooses and adapts 2400-2483.5 MHz ... 50 500 5725-5875 MHz . 50 500 its hopsets to avoid hopping on occu- 24.0-24.25 GHz . 250 2500 pied channels is permitted. The coordi- nation of frequency hopping systems in (b) Field strength limits are specified any other manner for the express pur- at a distance of 3 meters. pose of avoiding the simultaneous oc- (c) Emissions radiated outside of the cupancy of individual hopping fre- specified frequency bands, except for quencies by multiple transmitters is harmonics, shall be attenuated by at not permitted. least 50 dB below the level of the funda- mental or to the general radiated emis- NOTE: Spread spectrum systems are shar- sion limits in Â§ 15.209, whichever is the ing these bands on a noninterference basis lesser attenuation, with systems supporting critical Govern- (d) As shown in Â§15.35(b), for fre- ment requirements that have been allocated the usage of these bands, secondary only to quencies above 1000 MHz, the above ISM equipment operated under the provi- field strength limits are based on aver- sions of part 18 of this chapter. Many of age limits. However, the peak field these Government systems are airborne strength of any emission shall not ex- radiolocation systems that emit a high EIRP ceed the maximum permitted average which can cause interference to other users. limits specified above by more than 20 Also, investigations of the effect of spread dB under any condition of modulation. spectrum interference to U. S. Government (e) Parties considering the manufac- operations in the 902-928 MHz band may re- ture, importation, marketing or oper- quire a future decrease in the power limits ation of equipment under this section allowed for spread spectrum operation. should also note the requirement in [54 FR 17714, Apr. 25, 1989, as amended at 55 Â§15.37(d) FR 28762, July 13, 1990: 62 FR 26242, May 13, [54 FR 17714, Apr. 25, 1989, as amended at 55 1997; 65 FR 57561, Sept. 25, 2000] FR 25095, June 20, 1990] EFFECTIVE DATE NOTE 1: At 65 FR 57561, Sept. 25, 2000, Â§ 15.247 was amended by adding Â§ 15.251 Operation within the bands a new paragraph (a) (1) (iii), and revising para- 2.9-3.26 GHz, 3.267-3.332 GHz, 3.339- graph (b) (1), effective Oct. 25, 2000. For the 3.3468 GHz, and 3.358-3.6 GHz. convenience of the user, the superseded text (a) Operation under the provisions of is set forth as follows: this section is limited to automatic ve- Â§ 15.247 Operation within the bands 902-928 hicle identification systems (AVIS) MHz, 2400-2483.5 MHz, and 5725-5850 which use swept frequency techniques MHz. for the purpose of automatically iden- tifying transportation vehicles. * * * * * (b) The field strength anywhere with- in the frequency range swept by the (b)*** signal shall not exceed 3000 microvolts/ (1) For frequency hopping systems oper- meter/MHz at 3 meters in any direc- ating in the 2400-2483.5 MHz or 5725-5850 MHz tion, Further, an AVIS, when in its op- band and for all direct sequence systems: 1 erating position, shall not produce a watt. field strength greater than 400 microvolts/meter/MHz at 3 meters in * any direction within *10 degrees of the horizontal plane. In addition to the Â§ 15.249 Operation within the bands provisions of Â§ 15.205, the field strength 902-928 MHz, 2400-2483.5 MHz, of radiated emissions outside the fre- 5725-5875 MHZ, and 24.0-24.25 GHz. quency range swept by the signal shall (a) The field strength of emissions be limited to a maximum of 100 from intentional radiators operated microvolts/meter/MHz at 3 meters, within these frequency bands shall measured from 30 MHz to 20 GHz for comply with the following: the complete system. The emission 742 EXHIBIT K Survey not available as Building Owner's documents from 1969 have been water damaged. Building faGade shown is 20 feet high. Existing antenna shown at center of building. rt > Â¥ A ~ r. A . * 7,/-1 i f . 4. , . ..'.....: 4 J â€žty-7 .~ ~. J ,~ -+MI Xy. ., - Â·: 4-74~. 9 4 w t. .Illi~ R. 1 -Â·I . 'A .0 i J Â«.pbw~Il'~...q:iÂ·~1. ~ i ./4 : =TrTrrmrzrÂ¢~.I-~':.'.1~./-'I#,':.'.. 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