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HomeMy WebLinkAboutLand Use Case.315 E Dean St.0033.2009.ASLUTHE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0033.2009.ASLU aj. 3'}t 493-45053 Q„g.,;8 315.E.DEAN STREET DREW ALEXANDER FINAL PUD VERIZON WIRELESS 10.20.09 CLOSED BY Angela Scorey on 10/20/2009 ..y DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the 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. SLT /Aspen Dean Street 1,LC 315 E. Dcan Strect Assn 0_$1611 Property Owner's Name, Mailing Address and telephone number Aspen Residence Club and Hotel (Hotel Unit), 315 E. Dean Street Legal Description and Street Address ot' Subject Property Approval of an Insubstantial PI1D Amendment and Wireless Telecommunications Services and Equipment Review to install additional rooftop wireless facilities Written Description of the Site Specitic Plan and /or Attachment Describing Plan Administrative Insubstantial SPA Amendment and Wireless Telecommunications Services and Equipment Review, August 4, 2009 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 16 2009 Effective Date of Development Order (Same as date of publication of notice of approval.) August 17, 2012 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 17th day of August, 2009, by the City of Aspen Community Develotament Director. Chris Bendon. Unmunity Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26304.070, .-",.SPENT LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO County of Pitknn } } 35. 1 �>C p %,- ! (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 26304.060 (E) or Section 2!6.3/06.010 (E) of the Aspen Land Use Code in the following maimer: V 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 no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. signature The foregoing "Affidavit of Notice" was acknowledged before me this _�Z day of 200Q, by A nnq C1 — S=!6" Publish in %heA yC'holft.e 20D9. I38662D)JsPen Imes Weekty on August 16, WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 0016 Lam m An I Notary Public ATTACHMENTS: COPY OF THE P UBLICATION LAURA MEYER My Commission Expires 0911012010 �} 1 do NOTICE OF APPROVAL. For an Insubstantial PUD Amendment and Wireless Telecommunication Service Facilities and Equipments Review to 315 E. Dean Street (St. Regis Hotel) Parcel No.: 273718285033 APPLICANT: REPRESENTATIVE: SUBJECT & SITE OF AMENDMENT: SUMMARY: Verizon Wireless and SLT /Aspen Dean Street LLC Rachel Long Retherford Enterprises, Inc. 315 E. Dean Street St. Regis Hotel The applicant has requested an Insubstantial PUD Amendment and Wireless Telecommunication Service Facilities and Equipments review to the St. Regis to install additional wireless telecommunication equipment (cabinets) on the roof of the existing building. REVIEW PROCEDEURE: An Insubstantial PUD Amendment to an approved PUD may he approved, approved with conditions or denied by the Community Development Director, pursuant to Section 26.445.100(A) of the Land Use Code. Wireless 'telecommunication Service Facilities and Equipments Review: The Community Development Director may approve, approve with conditions, or disapprove an application pursuant to section 26.575.130 of the Land Use Code. STAFF EVALUATION: Staff determines that the review criteria have been met for the Insubstantial PUD Amendment as well as the Wireless Telecommunications Service Facilities and Equipment Review to install additional wireless telecommunication equipment (cabinets) on the roof of the existing building with the exception of color matching the cabinets to the building materials. DECISION: The Community Development Director tinds the requested cabinet expansion to be consistent with the Insubstantial PUD Amendment, as well as Wireless 'telecommunication Service Facilities and Equipment review and thereby APPROVES the installation of the additional wireless facilities with the following condition: 1) The cabinets (newly approved and existing) shall be painted to match the existing roofing material color. Page 1 of 10 APPR VED Y: Ok& Chris Bendon Community Development Director ACCEPTED BY: Rachel— Retherford Enterprises, Inc. Attachments: v.,: ./ Mike, 0. 1 / Exhibit A: Review Criteria (Wireless) Exhibit B: Review Criteria (PUD Amendment) Exhibit C: Application Page 2 of 10 Lxhibit A: Review Criteria (Wireless) Sec. 26.575.130. Wireless telecommunication services facilities and equipment. F. Review standards. the following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements o1 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 (east 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 Icvel 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. This is a roof mounted facility that is not higher than the parapet so that it is concealed. Staff finds this criterion met. b. Monopole towers shall be set back from any residentially zoned properties a distance of al (cast 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 -waN line, shall be at least equal to the height of the monopole. Not Applicable. Monopoles are not being proposed. 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. Not Applicable. This is an existing facility that is proposing the addition of cabinets to the facility. 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. Not Applicable. The addition of cabinets to the facility is what is being proposed. 2. Height. The following restrictions shall apply: Page 3 of 10 a. Wireless telecommunication services facilities and /or equipment not attached to a building shall not exceed thirty -five (35) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. Not Applicable. The proposed cabinets will be on the building. b. Whenever a wireless telecommunication services antenna is attached to a building roof. the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof. including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. Antennas are not being proposed and the cabinets on the roof and will not extend beyond the height of the parapet. c. fhe Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrativc approval may be granted. Not Applicable. No antennas are proposed. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged. then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards ofthis Section) of Chapter 26.430 (Special review). Not Applicable. No antennas are proposed. e. Support and /or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.1'.5) below. The cabinets are proposed to be on a roof' behind a parapet and shall not exceed the height of the parapet. Staff finds this criterion met. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural sty le 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 arc equal to or of better quality than the materials of the principal use. The proposed cabinets are hidden by the existing building's parapet. Page 4 of 10 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 Loning Commission or City Council, as applicable). Cabinets currently exists. The new cabinets will be made to match the existing antenna building materials. Staff finds this criterion is met. c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Not Applicable. The proposed equipment will be on the roof. 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. Not applicable. This is not a monopole installation. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). The associated utilities are contained within the rooftop cabinets. 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a. If a location at or near a mountain ridge line is selected. the applicant shall provide computerized, three - dimensional. visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenlinc Review, pursuant to the provisions of Section 26.435.030, may also be required. 'rhe antennas will not be placed on or near a mountain ridge and does not require an 8040 Greenlinc review. Staff finds this criterion met. Page 5 of 10 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 Tess visual impact to the surrounding area. No vegetation is impacted by the proposal. Staff finds this criterion met. c. Surrounding view planes shall he preserved to the extent possible. There are no protected view planes impacted by the cabinet extensions. Staff finds this criterion met. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. The Applicant has stated that the proposed cabinets will be in compliance with all FCC regulations. 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 (Communit) Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council. as applicable). Not applicable. The proposed cabinets do not include monopole support buildings. 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 conitcrous plants for year -round screening may be required. Landscaping shall be oi"a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. Not Applicable. The proposed antennas do not include ground- mounted facilities. 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 Page 6 of 10 antennas: any cables that cannot be buried or otherwise hidden from view shall be painted to match the color oi'the building or other existing structure. All cabling is located on the roof and hidden from view behind the parapet of the building. Staff finds this criterion met. d. Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including I1VAC 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. Screening is not proposed. e. Not"ithstanding the forcgoing. 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. The proposed cabinets are screened by the parapet wall of the building. 6. Lighting and signagc. 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 ol'f -site. No lighting is proposed in this application. b. Light fixtures, whether lice standing or tower- mounted, shall not exceed twelve (12) feet in height as measured from finished grade. No light source is proposed. 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. Page 7 of 10 No display is proposed. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. The telephone numbers are currently posted. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle /pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality ofthe original design. The cabinets are not located in a parking area or facility. 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. The antennas are located on the roof of the building, restricting access by the general public. Emergency personnel shall have access as is required. c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. The easements used will be the same as were previously established. These are currently on rile with the Pitkin County Clerk and Recorder. Page 8 of 10 Exhibit B: Review Criteria (PUD Amendment) A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. "There is no change in the use or character of the building /development. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. "There is no increase in the overall coverage of structures on the property as the antenna is on the roof. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3 %) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1 %) ofthe off = street parking and loading space. There is no change in the parking/loading space utilized by the use. 6. A reduction in required pavement widths or rights -ol -way for streets and easements. There is no change in the ROW'S widths, streets or casements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. There is no increase in gross leasable floor area as the antenna is on the roof. 8. An increase by greater than one percent (M) in the approved residential density of the development. There is no change to the residential aspect of the PUD- Page 9 of 10 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The proposed change is consistent with the approved use — no variances are required. Page 10 of 10 m L. co no z Q V 0 cw O 0 0 h } 3 Z Zo U - � O O � M N � M _OI Mao naY� o 0 FOC 0 00 �O o � � asY wa Q 7 am Xx tv' N jj Z(Z ���� we 00 YL ov OSS 3!1115 AYM NX'Jl1 vA S IC If N � 6. L p m=m pa 2 w o a s = wV p¢e s 0 J °Q - r Lu L Q O �wd _ _ p0m ,i�.1g10aal t sseleAm > $ 3 Q owl � zz �4 y fr N¢UMO ¢ _P2 ¢�wz P a Z o o � �o �L._�m ¢�86 "p't., pt¢E°}�p >a,yysy m y K �Q Jky 0. . 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Wireless Application for the existing telecommunications facility. The items are as follows: 1. A plan set that can be measured. 2. Responses to the Review Standards in sub - section 26.575.130F. 3. A notarized letter on behalf of SLT Aspen Dean Street LLC. Feel free to call me at (720) 581 -1940 if you have any additional questions. Sincerely, Rachel Long Retherford Enterprises, Inc. Consultant for Verizon Wireless (VA M, LLC, d/b /a Verizon Wireless 1, 2009 letter as above captioned Retherford Enterprises, Inc. • 5300 Cherry Creek South Drive, #624, Denver, CO 8024E 720 - 581 -1940 (p) • 720- 294 -1489 (f) • Email: rachel .long @retherfordenterprises.com F. Review standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof - mounted (above the eave line of a building). Flat -roof mounted facilities visible from ground level within one - hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched - roof - mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. Applicant Response: This is an existing roof mounted facility. The proposed equipment cabinet extensions are mounted on the interior of the existing parapet wall and do not extend above it, as with the existing equipment cabinets. 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. Applicant Response: Not applicable; this is an existing rooftop mounted facility not a monopole. No changes to the existing antennas are proposed. c. No wireless communication facility maybe established within one - hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. Applicant Response: Not applicable; this is an existing facility established in 2001. 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. Applicant Response: Not applicable; the existing antenna arrays are located on the rooftop and do not extend beyond property lines or into any front yard area. There are no guy wires associated with this facility. No changes to the existing antennas are proposed. 2. Height. The following restrictions shall apply: a. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given Zone District, whichever is more restrictive. Applicant Response: Not applicable. No changes to the existing antennas are proposed. b. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. Page 1 of 5 Case Number 0033.2009.ASLU, Wireless Application Verizon Wireless Site CO3 Aspen Highlands, 315 Dean Street, Aspen, CO Applicant Response: Not applicable; this is an existing rooftop mounted facility and no changes to the existing antennas are proposed. c. The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted. Applicant Response: Not applicable; this is an existing rooftop mounted facility and no changes to the existing antennas are proposed. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). Applicant Response: Not applicable; this is an existing rooftop mounted facility and no changes to the existing antennas are proposed. e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. Applicant Response: Equipment is mounted within the existing parapet wall; the equipment does not extend to a height visible from the ground. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. Applicant Response: The proposed metal extension cabinets are manufactured specifically for outdoor telecommunications equipment use and are constructed from the same materials as the existing cabinets. 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). Applicant Response: The proposed metal extension cabinets shall be painted to match the existing cabinets. 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. Applicant Response: The proposed metal extension cabinets are mounted to a platform on the rooftop and screened behind the existing parapet wall. The proposed cabinets are the same height as the existing cabinets. Page 2 of 5 Case Number 0033.2009.ASLU, Wireless Application Verizon Wireless Site CO3 Aspen Highlands, 315 Dean Street, Aspen, CO 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. Applicant Response: Not applicable; this is not a monopole site. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). Applicant Response: Additional utilities are not required for the proposed modification. 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land fortes, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three - dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. Applicant Response: Not applicable; the proposed facility exists on a rooftop within the City of Aspen limits. 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. Applicant Response: Not applicable; no ground disturbance will be associated with this proposed modification on the rooftop. c. Surrounding view planes shall be preserved to the extent possible. Applicant Response: The proposed extension cabinets do not change the view plane. 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. Applicant Response: Verizon Wireless operations comply with the FCC's regulations. 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, Page 3 of 5 Case Number 00332009.ASLU, Wireless Application Verizon Wireless Site CO3 Aspen Highlands, 315 Dean Street, Aspen, CO Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). Applicant Response: Not applicable; not a monopole facility. No changes to existing antennas are proposed. 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. Applicant Response: Not applicable; not a ground facility. No ground disturbance is proposed. 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. Applicant Response: All cabling is contained upon the rooftop and hidden from view behind the parapet wall. 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. Applicant Response: Not applicable; the existing facility is located behind a screening parapet wall. No changes to the screening are proposed. 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. Applicant Response: The existing screening of the parapet wall will continue to hide the equipment. 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. Applicant Response: Not applicable; no changes to the lighting are proposed in conjunction with the extension cabinets. Page 4 of 5 Case Number 0033.2009.ASLU, Wireless Application Veriwn Wireless Site CO3 Aspen Highlands, 315 Dean Street, Aspen, CO b. Light fixtures, whether free standing or tower- mounted, shall not exceed twelve (12) feet in height as measured from finished grade. Applicant Response: Not applicable; no changes to the lighting are proposed in conjunction with the extension cabinets. 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. Applicant Response: Not applicable; no changes to the signage are proposed in conjunction with the extension cabinets. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this Title. Applicant Response: The site is in compliance with this standard. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle /pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. Applicant Response: Not applicable; the extension cabinets are located on either end of an existing cabinet and do not intrude on existing routes of ingress /egress on the rooftop. 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. Applicant Response: The facility is located on the rooftop of the St. Regis Hotel. Access is restricted by the Hotel in compliance with this standard. c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. (Ord. No. 1 -2002 § 18; Ord. No. 52 -2003, §§ 14, 15) Applicant Response: Please refer to the title work for existing easements. No new easements are proposed for this minor modification. Page 5 of 5 Case Number 0033.2009.ASLU, Wireless Application Verizon Wireless Site CO3 Aspen Highlands, 315 Dean Street, Aspen, CO JUN -29 -2009 10:01 From:ST REGI:.OIR OF ENG , June 26, 2009 City of Aspen Community Development Attn: Errin Evans, Planner 130 S Galena Street Aspen., CO 81611 RE! Venzon Wireless Site: CO3 Aspen Highlands Location: 315 East Dean Street, Aspen, Colorado 81611 Dear Ms. Evans, Please let this letter serve as consent for Rachel Long, Retherford Enterprises Inc., to submit an application to the City of Aspen Zoning Department on behalf of SLT Aspen Dean Street, LLC, for an insubstantial PUD Amendment for the telecommunication facility at 315 East Dean Street in Aspen, Colorado- Signature -- Date STATE OF COLORADO ) COUNTY OF DOUGLAS ) J1>•NC The foregoing instrument was acknowledged before me this day of 041, 2009, by Witness my hand and official seal. ESAT FERDA CUM Notary PubNe state of Colorado (Seal) �7 My commission expires. et Notary Public C� THE CITY of ASPFN Land Use Application Determination of Completeness Date: June 1, 2009 Dear City of Aspen Land Use Review Applicant, �_.t. We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0033.2009.ASLU, Wireless Application. XYour Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) A plan set that is to scale and can be measured. The submitted plans are reductions. 2) The application is required to meet the wireless review standards provided in sub - section 26.575.130 F., Review Standards (1 through 6) within the land use code. The code can be viewed online at httn: / /www.aspenpitkin.com/pdfs /depts /38 /coaspent26- 500.pdf. Please provide a written response to the review criteria. 3) The notarized letter consenting to Retherford Enterprises Inc. representing the property owners of 315 E. Dean is not adequate. The signatory's name is illegible and the letter does not reference the owners of the property as outlined in the O &E report included in the application. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Please contact me at 429 -2759 if you have any questions. Thank You, (rte Jennifer P " el Deputy Director CADocuments and Settings \jennifep \My Documents\ planning \Templates \Templates \Land Use Cases \Completeness Letter Land Use.doc od33.2oc�°I . }15LV 4t� 2;-3+ I $2- £rso33 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Verizon Wireless Site: CO3 Aspen Highlands Alt. 1 Name: St. Regis Hotel Location: 315 East Dean Street, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718285033 APPLICANT' ver.izon wireless lvAw), LLI:, a/o/a verizon wireless Name: Network Real Estate Address: 180 Washington Valley Road, Bedminster, NJ 07921 Phone #: REPRESENTATIVE: Name: Rachel Long, Retherford Enterprises, Inc. for Verizon Wireless Address: 5300 Cherry Creek South Drive, #624, Denver, CO 80246 Phone #: 720- 581 -1940 ❑ Text/Map Amendment TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment X❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) This existing telecom site consists of panel antennas mounted to the building and equipment cabinets located on the rooftop behind the parapet wall. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) The upgrade requires the addition of two extension cabinets, one measuring 3' x 1634" and the other measuring 3' x 14 ". All work will occur within the existing lease area. lave you attached the following? FEES DUE: $ ❑ Pre - Application Conference Summary ❑X Attachment #1, Signed Fee Agreement RECEIVED ❑ Response to Attachment #3, Dimensional Requirements Form ❑X Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards MAY 2 % 200y ❑ 3 -D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written iW1. F ASPEN (Microsoft Word Format) must be submitted as part of the application. Large scale projects should �EVSPE Nl electronic 3 -D model. Your pre - application conference summary will indicate if you must submit a ji Rome mrise& Im 4 I May 22, 2009 Ms. Errin Evans Current Planner Community Development City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: Verizon Wireless Site CO3 Aspen Highlands Alt. 1 315 East Dean Street, Aspen, Colorado 81611 Dear Ms. Evans, This letter is to inform you of Verizon Wireless' intent to modify the telecommunications site located at 315 East Dean Street, Aspen, Colorado 81611, and known as CO3 Aspen Highlands Alt. 1. In the continuing effort to provide the best wireless coverage to its customers nationwide, Verizon Wireless has budgeted funds to improve the existing telecommunication facility. This minor alteration to the facility involves upgrading an outdoor equipment cabinet so that the power requirements of the site can adequately be met. The upgrade requires the addition of two extension cabinets, one measuring 3' x 16Yz" and the other measuring 3' x 14 ". Both extension cabinets are the same height as the existing cabinet. All work will occur within the existing Verizon Wireless lease space, located on the rooftop and behind a screen wall. Feel free to call me at (720) 581 -1940 if you have any questions at all. Sincerely, Ra60 3 &na� Rachel Long Retherford Enterprises, Inc. Consultant for Verizon Wireless (VA W), LLC, d /b /a Verizon Wireless ietherford Enterprises, Inc. • 5300 Cherry Creek South Drive, #624, Denver, CO 8024E 720- 581 -1940 (p) • 720 -294 -1489 (f) • Email: rachel. long@>rgtherrordenterprises.com Ms. Errin Evans May 22, 2009 Page 2 Exhibit 1 — Responses to Land Use Review Standards Section 26.445.100.A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Applicant Response: No change in use or character is proposed with this minor modification. 2. An increase by greater than three percent (3 %) in the overall coverage of structures on the land. Applicant Response: No additional coverage of structures is proposed as the site is located on the rooftop of an existing structure. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Applicant Response: This project does not affect trip generation rates or a demand for public facilities. 4. A reduction by greater than three percent (3 %) of the approved open space. Applicant Response: This project does not affect open space. 5. A reduction by greater than one percent (1 %) of the off - street parking and loading space. Applicant Response: No work is proposed that would affect parking or loading areas. 6. A reduction in required pavement widths or rights -of -way for streets and easements. Applicant Response: The proposed project has no impact on existing pavement widths, rights -of -way or easements. 7. An increase of greater than two percent (2 %) in the approved gross leasable floor area of commercial buildings. Applicant Response: The proposed project would occur within existing lease area, located on the rooftop. 8. An increase by greater than one percent (1 %) in the approved residential density of the development. Applicant Response: The existing telecom site is unmanned; the proposed modification does not affect that status and does not pertain to the residential density of the development. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Applicant Response: The proposed minor modification is consistent with the original approval for the telecom site and does not require additional leasehold area. MAY -21 -2009 15:29 From:ST REGIS DIR OF ENG May 21, 2009 City of Aspen Community Development Attn: Errin Evans, Planner 130 S Galena Street Aspen, CO 81611 RE: Verimn Wireless Site: CO3 Aspen Hi hlands Location, 315 East Dean Street, Aspen, Colorado 81611 Dear Ms. Evans, Please let this letter serve as consent for Rachel Long, Retherford an application to the City of Aspen Zoning Department on behalf Insubstantial PUD Amendment for the telecommunication facility e Aspen, Cokwadp, Signature S a'/ acv Date STATE OF COLORADO COUNTY OF DOUGLAS Enterprises Inc., to submit Of - s for an d 31 ast Dean Street in rS� rP�, 7 TTin nst �ment was acknowledged before me this ?_I day oiApA, 2009, by K °! Witness my hand and official seal. ^.�'•,.,�,� ;.(Seal): My com ssion expires: /7 Notary Public Verizon Wireless Cherry Creek / Suite 550 3131 South Vaughn Way Aurora, Colorado 80014 April 23, 2009 City of Aspen Community Development Attn: Errin Evans, Planner 130 S Galena Street Aspen, Colorado 81611 \/ loelm We eevaralop Mor*kVfor you RE: Verizon Wireless Site: CO3 Aspen Hieblands Location: 315 East Dean Street, Aspen, Colorado 81611 Dear Ms. Evans, Please let this letter serve as consent for Rachel Long, Retherford Enterprises Inc., to submit an application to the City of Aspen Planning and Zoning Department on behalf of VedzDn Wireless for an Insubstantial PUD Amendment for the telecommunication facility at 315 East Dean Street in Aspen, Colorado. Signature Date STATE OF COLORADO ) COUNTY OF DOUGLAS) The foregoing instrument was acknowledged before me this 1911yof April, 2009, by Witness my hand and official seal. My commission expires: O pOTARy : o Notary Public PUgI_tC ''Q CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Apen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Verizon Wireless(VAW) LLC d/b/aVerizon Wireless (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Addition to wireless communications facilities and equipment - (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 and/or 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 of recovering 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 and/or 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 $ 735.00 which is for three D_ 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 $235.00 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 Chris Bandon Community Development Director APPLICANT i Billing Address and Telephone Number: Required 153o0 0h rrts rreBK S.1Q. *LZI} �triYL'r , CO J 86241p R t !J RACRet, Lo-0 ( t CADocuments and Settingsyohannahr\Desktop\Fees\2008 Land Use Fees.doc fib, >J -�;,� FRONT RrANGE'FITLE, LLC FRONT RANGE TITLE OF DOWNTOWN DENVER, LLC. 770 CLARKSON STREET DENVER, CO 80218 (303) 831 -9091 (303) 831 -9092 (FAX) O & E REPORT Order Date: April 20, 2()19 Order Number: O &E05112(A)9 Entail address: Rachel.Iong@ retherfordenterprises.com Phone/Fax Company: Retherford Enterprises. Inc., as consultant to Verizon Wireless Attn: Rachel Long Site Name /Subject Property: 315 East Dean Street, Aspen, CO Assessor's Parcel Number: 273718285033 Owner: General Common element owned by unit owners of Aspen Residence Club and Hotel Condominium, power attorney for the Board of Directors of the Home Owners Association and manager, SLT Aspen Dean Street. LLC, a Delaware Limited Liability Company by virtue of Special Warranty Deed, recorded January 15, 1998 at Reception No. 412580 and by Declaration recorded January 21, 21X)5 at Reception No. 506236 and Map recorded January 21, 2005 at Reception No. 5(X)237. Legal Description: General Common Area, as defined by Declaration and Map referred to above. Encumbrances: (voluntary or wireless related) Encumbrances on individual units. Certification Date: May 6, 2009 at 7:45 AM This report does not include a search of the names of the Inopet ty nwner(S). I /We understand that Front Range Title of Downtown Denver, LLC makes no wananty regarding the ac onacy of the information herein provided, and further that Front Range Title of DOwnt0wo Denver, LLC shall not he liable rot any loss Me Lill at by o"SUm the information on this O &E Report. SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made and entered into this 1_141 day of January, 1998, from SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership, whose address is c/o At Anwa USA, Inc., 1925 Century Park East, Suite 1900, Los Angeles, California 90067 ( "GRANTOR "), to SLT ASPEN DEAN STREET, LLC, a Delaware limited liability company. whose address is c/o Starwood Hotels & Resorts Trust, 2231 E. Camelback Road, Suite 410, Phoenix, Arizona 85016 ( "GRANTEE "). WITNESSETH, that GRANTOR, for good and valuable consideration, the m receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, i T sell, convey and confirm unto GRANTEE and its heirs and assigns forever all of Ea GRANTOR'S right, title and interest in and to the real property, together with I as improvements, situate, lying and being in the City of Aspen, County of Pitlrin, State of t� t Colorado, described on Exhibit A attached hereto and incorporated herein by reference (the "Property "); cLD TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, title, interest, claim and demand whatsoever of GRANTOR, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the Property with the appurtenances, unto GRANTEE, its heirs and assigns forever. GRANTOR for itself and its heirs and personal mpresentativcs or successors, does hereby covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of GRANTEE, its heirs and assigns, against all and every person or persons too claiming the whole or any part thereof by, through or under GRANTOR. t g00 SUBJECT TO all matters of record as of the date hereof. =o a a [Signature on Next Page] DF I6 , 07)2.25 111111 Rill N1111IIIII111111III111N III Rill IIIIIII G�r 411780 01/15/1000 02:04P SPEC WD INWIS SILVI 1 •r 4 R 21.60 0 1SM.4_'N 0.00 PITKIN COWTV CO la- 1$4410 v2 412580 1AAMNFER BECLOTION RECEIVER 91115119% n- r ec6D(n(0 IN WITNESS WHEREOF, GRANTOR has executed this instrument as of the date fist set forth above. SAVANAH LIMITED PARTNERSHIP, a District of Columbia limited partnership By: ASPEN ENTERPRISES INTERNATIONAL, INC., a Colorado corporation, its Gen By: Name: Manor Dalaan Title: President Is•184440 V2 [Acknowledgement on Next Page] 1 11111 Nil 11111111 1111 iii 11111 �1 1111 101 2 .1 4 0 21.00 0 t0022•20 N 0.00 PITKIN COt01TN e0 2 Certificate of Acknowledgment State S!� County ty f L0'3 o /` �y� 0 0 � On 12 before me, c I`ei�((ure "t`ns�ert name and title of lcer), personally appeared w � , personally known to me (or proved to me on the basis of satin actory evidence) to be the personN whose name(S) issue subscribed to the within instrument and acknowledged to me that hemmed ey executed the same in his%efffinr authorized capacity(ttes), and that by his&"Aheir signaturEM on the instrument the persOnN,, or the entity upon behalf of which the pent( acted, executed the instrument WITNESS my hand and official seal st"�CUVROM� Signature �� aewurwws (Seal) � Canwr4�s � �xm1 CgIRrm111aM71 rba>h w.' _ ""O 1a. 184433 v2 CannMOa 11 101071 �� CaM �NCa^+� maw lattm 111111111111 HIM 1111111111110 milli 11111111111 IN 41295! 91/19 /1511{ 52104P SPEC W DRVIS SILVI a of 4 R 21.00 D 17072.2E N e.00 ►ITKIN COW17T CO n �_ EXHIBIT A (to Deed) LEGAL DESCRIPTION All that certain real property located in the City of AsPen, County of Pitkin, State of Colorado more folly described as follows: Lot 1, FIRST AMENDED PLAT ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT, according to the Plat thereof filed October 3, 1988, in Plat Book 21 at Page 35 and Amendments thereto filed July 1, 1989, in Book 29 at Page 9 and December ruary 9, at Page 1990, in Plat Book 25 at Page 49, October 1, 1992, 1993, in Plat Book 30 at Page 65, 1a- 184440 v2 75 ."F MWjj.g4 PITKIN COON" A -1 a - UtU- H -eUUI CNN Ul ;dl Fn FAX NO. MEMORANDUM TO: Julie Ann Woods, Community Development Director PROM: James Lindt, Planning Technician RE: Verizon Wireless Telecommunication Facility— St. Reis Hotel, 315 E. Dean St, DACE: November 20. 2001 SUMMARY: Colorado RSA No. 3 Limited Partnership, represented by Closser Consulting, L1.,C, has applied for the installation of telecommunication equipment to be installed on the roof of the St. Regis Hotel located at 315 F. Dean St on behalf of Verizon Wireless — a telecommunication service provider. The parcel is located outside of the Commercial Core Historic District and is not within any of the Mountain View Planes. The application proposes six (6) panel antennas mounted to the side of the easternmost penthouse of the St. Regis Hotel and two equipment cabinets. The proposed antennas will extend five (5') feet above the roof and be painted to match the brick of the St. Regis Hotel. The equipment cabinets will be attached to the interior of the existing parapet wall and will not extend above the parapet wall. The proposed antennas and equipment will be barely visible from the street on the corner of Mill St. and Dean St. The comer of Mill St. and Dean St. is the vantage point that has the highest pedestrian traffic around the hotel. The proposed antennas would be slightly more visible from the corner of Monarch St. and Dean St., however, this vantage point has a much lower level of pedestrian traffic. Staff .feels the proposed application meets the standards for telecommunication equipment, pursuant to Section 26.575.130. Attached are the relevant criteria. Also attached is the application, containing a picture of the proposed equipment. Staff recommends The Community Development Director administratively approve this application with conditions. APPLICANT: Colorado RSA No. 3 Limited Partnership, owner. Represented by Closser Consulting, Jd,C on behalf of Verizon Wireless. LOCATION: 315 F. Dealt St. (Roof of easternmost penthouse). ZONING: Lodge / Tourist Residential PUD (L /TR PUD) P. 02 UCU -t r -eUUI IIUN U1 ;Jz rn hAX N0. P. 03 O LOT Sizr.; 121,626 Square Feet. CURRENT AND PROPOSED LAND USE: Mixed Use, Commercial and Lodging, Rrv_ I_E_w PRO C-11DURE,: Wireless 'Mccummtmicalion Service Facilities: The Community Development Director may approve, approve with conditions, or disapprove an application pursuant to Section 26.575.130 of the Land Use Code. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A ". Referral Agency comments have been included as Exhibit "B ". The application has been included as Exhibit "C ". RECOMMENDATION: Staff recommends the Comintmity Developmont Director approve the Verizon Wireless Telecommunication Service equipment proposed for the roof of St. Regis Hotel, 315 E. Dean St., with conditions: APPROVAL: I hereby approve the Verizon Win less Telecommunication Service equipment proposed for the roof of the St. Regis Hotel, 315 E. Dean St, with the following conditions: I. A building permit shall be obtained by the applicant. A copy of this approval shall accompany the building permit application. 2. The applicant shall obtain a right -of -way permit if there is a disturbance of the public right - of -way during construction. 3. The applicant shall obtain a Tempernry Enereachment License during construction if the public right -of -way is to be used for construction storage. 4. The applicant shall submit a traffic control plan if there is an encroachmen! on the public right of -way that affects the normal traffic flow. 5. All material representations made by the applicant in the application shall beadha•ed to and considered conditions of approval, unless otherwise amended by other conditions 6. The applicant shall paint all antconas the same color as the building. a.� date // —di 1u ' Ann Woods, AICP -- nununity Development Director �ot�ar�Nr �aU 9 2001 2 c 4514 m Wr 0 0 O MOO Q 0 �O N " 3 2 2v O^ �o a M N 011b _OI M � O M Q M �/ Vn III C/ vV nO_ c� RJL- �o 11 n� wa M IN 3 g° m� m� w Q� 2 ul 3 o g� Z a' o z a4 z CL c o O z O w LL o ¢ o F O ¢ R Z aqR z i O � z W 0 W Sy O LL g Um o Z Q o� co d r _ Q CJ GI Lu m 3, 8 a �� v i 0 a�� o Q p am x 0tv' O P N m n f =ejn i �i d��g, i5 i8 f 5p i *fzf- Y69 -EOf Y1009 00 'V808nV 099 LI05 "A4 NMJIItlN $ ICIf 0 O N za ,xw 0 p wa m Fz >� �w� m 02 �I » OZ O m O m O U�OF =Z W W O Z Q Q w in N w $ 3` z y :� Co P ; giliaa =i ssaia�►n aarua n g L L � a Q zw E � x a z cc_ Jp �L °gym o.m p�`� =p=CC` 4LFi e18�Y '' �¢5yc �yy rc a5 —'k _ °- @wgM1 ZLL • �' =$d¢i��5 �' w oQ co 0 =m =U . o V= dLLl i €�bH� Iie 6' c LL $ o N n vii tat FF &4� m Wr 0 0 O MOO Q 0 �O N " 3 2 2v O^ �o a M N 011b _OI M � O M Q M �/ Vn III C/ vV nO_ c� RJL- �o 11 n� wa M IN 3 g° m� m� w Q� 2 ul 3 o g� Z a' o z a4 z CL c o O z O w LL o ¢ o F O ¢ R Z aqR z i O � z W 0 W Sy O LL g Um o Z Q o� co d r _ Q CJ GI Lu m 3, 8 a �� v i 0 a�� o iii h_ za ,xw 0 wa m Fz >� �w� m 02 �I » OZ O m O m O U�OF =Z LL O $ 3` R 7 w° zQ�z g L L � a Q zw E � x U�uUU iii � z o =Z LL O $ q C x w w° Z g � a m g� K Z Q OO m_ 0 N m�, XX p ➢S eL #He fa� p i a1y ICZC- Ifi9 -COC m 6108 O YyOtllY oss sms A Hsnn Irl[ daz tJ w Lu g L r z p a ° o 02 < ? i O J rc W p _N U m n F a @ Fa abY a & ¢E �i`i S Q m 2=' & S 8 p m L" o M 2 U vi O 2 a . a W f co a m g� K N ooa WW- 0CC ccZW aW emx 3W� Z3 IYMH 9 w N q 3 R 0 W O CL O m a ! tJ N ooa WW- 0CC ccZW aW emx 3W� Z3 IYMH 9 w N q 3 R 0 W O CL O m a CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00025735 Account name: 28576 Date: 5/27/2009 Applicant: VERIZON WIRELESS Type: check # 1191 Permit Number Fee Description Amount 0033.2009.ASLU Aspen Land Use App Fees 735.00 Total: 735.00 P�v cal z�33 I BzrrGOB E,a Edt Record yaviWe Form Repor[s FWD* Tab Help _ 01®L� -A CJ- 14 r D u© A2-p1 Main Custom Fjplds I Attach whl Fdlot Up Notficati0rrs I Fee; l C,onditimu I Rotim I Fee Sunxnay I Palc* i Slbpermits i RoAigIJWM I RcI Status I Yal dmr Pamit Type Permit III 00332009.ASLU Address 1315 E DEAN 5T J ApUSuta City JASPEN State[65-­-�-] Zp 81611 J D....A 1.1.....1.... _._ l__ Malta PaaA Routingqueue aslu07 Applied 05/2612009 J Project J State pendng Approved F J Desmiption MINOR ALTERNATION OF TELECOMMUNICATION FACILITY SITE CO3ASPEN Issued —J HIGHLANDS ALT 1. UPGRADE WITHADDITION OFTWO EXTENSION CABINETS. IALLWORKWITHIN EXISTING LEASE AREA Final J St"ed IRACHEL 72&581 1940 Clock Rvmng Days 1 Expires 05121/2010 J Owner Last Nara VE EON WIRELE55 . 1 Fist Name Phone F— I i✓ Owners Appbcant7 Last Name VERIZON WIRELESS J Post Name F- Phars F LuA 11 28576 _.Larder._ Last Name F- First Name ne �— Pho