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HomeMy WebLinkAboutLand Use Case.601 E Hopkins Ave.0066.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0066.2010.ASLU PARCEL ID NUMBER 2737.07.378.0001 PROJECTS ADDRESS 601 E HOPKINS AVE PLANNER SARA ADAMS CASE DESCRIPTION WIRELESS BROADBAND ANTENNAE REPRESENTATIVE ROCKY MNT BROADBAND DATE OF FINAL ACTION 2/09/11 CLOSED BY ANGELA SCOREY ON: 04.01.11 2a�.4rcn.�l lD 2 ?370'1380 �6� X ��-U Ell Edit Dad BM* Fri Ws Faaat IAb tt30 44►X► Mfltie " d 0 hnfrmc' :410101 il$Vciir 11 1 A ist Iha Fe 5 1101 1 I+ I PairiPPY I lad*a kustal Fit I Signs .IPE. 1 •!Aspen Lend Use " .2010ASLU EHMIS a MI MIMI ng 0(13m • , l 4 e l issw...... ,.rt e. .. 4 4 +`,z '4f u} 1 �� N i pie ALL 3ROCfTCP STANDS TO SUPPORT 3VNEESS HOODED DROADBNm �� . �, "" , ,,� AT�IE.IQIeG 1 itC auk r'tong I 'OlpE 16OIi 044/2011 , Cot -� time Atr4601,11C I Frstmiaei3ASS pO OOx4�o SPEN C081612 gar :) - Ades e AWE 0 Owners eg ett 0Coluteiogait Last fYMOUNTAINRRoAcnAND....I Fenn 3306 PACES FERYAVE ATLANTA GA X339 -- �� � Plue (404)2229-8953 Cus<t 128925 ° j Adders Lander ,.,. Last name Ent nenI Phone ; l - Address 0 the Mrddiaddaate c v 1 2 I 3 CAC IS 2 4p94c4 $ '*l L lo•oo spl;k 1%S•c at kwumAY _ 39- . 61 ' coo tkAp\t•∎, •3 v- 4 (4 is 31s E • I�¢a.n ` 'iov - 'Zse85 — (9 co-fig-3 4 Seu J AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: AI /14- , Aspen, CO STATE OF COLORADO ) ) ss. County of Pitkin ) 1, 4, ,y,1.G-, Sc C7-f "e (name, please print) being or repfesenting 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) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ( 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 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. a The foregoing "Affidavit of Notice" was acknowledged before me this 2Zday of , 20li, by ,4 na r eo . WITNESS MY HAND AND OFFICIAL SEAL P IC 6L} — / -ao/ l Notice is D roby 01 My commission expires: hereby given E the g eneral public o/ the ` C� the Land use n of a e specific development plan, and < O �, g t(� the t Land U vealod proper right pursuant to C, Col A of ASpen and TiIJe 1 �!--- � .�-IJLaa /A � � 24, Article 88, Colorado evisetl statutes, o pertiningp o t loIlowing legally tleacribetl 14 otary Public o Property: $u n: 801 East Hopkins, Ciry of a ' 1 ; Q Aspen, of th ey of Pitkin Col oratlo, 81811, oreer of the City of A spen Co ty V`,��. i Develo pment Director on February 9h, a 2011. Thlour e r � C inte subdlwslon includes a common ared rior 7 Peces: Units 1, 2-A 2 -B, and 3. ceived Parcel an Itl N 2 T 3 T - OTa3 -BO -001. The Applicant re an V ca no n s sery approval f or wireless tel ATTACHMENTS: 4 ' , `• r ...„_,.. -`'. cation services an tl ecommuni- h OE allows for the lace qulpmer T he app COPY OF THE PUBLICATION _ _ p o rent. row-mounted For further antenna nd associated equipment. For City of Ina canlam Drew Alexander, at the City of Aspen manly Development Dept. ILOLILOSim 130 s. Galena - Aspen, Colorado (970) d -2]98. 12POUb hlin(e/Loser Times Weekly on February 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. Property Owner's Name, Mailing Address and Telephone Number 601 East Hopkins Condominium Owners Association, 601 East Hopkins, Colorado, 81611, (970) 920-0007 Legal Description and Street Address of Subject Property • Subdivision: 601 East Hopkins, City of Aspen, County of Pitkin, Colorado (this subdivision includes a common area and four interior spaces including Units 1, 2 -A, 2 -B, and 3). Written Description of the Site Specific Plan and /or Attachment Describing Plan Approval grants the ability to place three broadband antennas and associated equipment on the roof of the subject property, with the highest point approximately 4'6" above the parapet wall. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) An administrative approval by the Community Development Director for wireless telecommunication services and equipment, issued on February 9, 2011. Effective Date of Development Order (Same as date of publication of notice of approval.) February 20, 2011 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.) February 20, 2014 Issued this 9'" / y of Feb / ry, 2011, by the City of Aspen Community Development Director. / l Chris Benson, Co 'unity Development Director NOTICE OF APPROVAL WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND EQUIPMENT APPROVAL FOR A THREE - ANTENNA BROADBAND ARRAY TO BE LOCATED ON THE ROOF OF 601 EAST HOPKINS AVENUE Parcel ID No. 2737 - 073 -80 -001 APPLICANT: Rocky Mountain Broadband SUBJECT & SITE OF APPROVAL: 601 E. Hopkins Ave, involving the approval of Wireless telecommunication services facilities and equipment. This is an administrative review. SUMMARY: The Applicant has requested approval for the installation of three roof -mount antenna stands that will hold three broadband antennas. The purpose of the equipment is to provide high -speed mobile broadband services to the City of Aspen, residents, businesses, schools, and tourists. The antennas have a base measuring 34.8" x 40" and the individual antennas will be 48" x 6.5" x 3.3 ". 601 E. Hopkins is a three story commercial building in the city's Commercial (C -1) zone district. The building currently has one antenna in the center of the roof that will be removed as a part of this proposal. STAFF EVALUATION: Pursuant to Section 26.575.130, Wireless telecommunications services facilities and equipment must comply with a list of general provisions and review standards. These requirements seek to ensure that the placements of these facilities are compatible with surrounding development. Depending on the type of telecommunication device installed (i.e. monopole, whip antenna, ground tower, etc.), specific requirements apply. Being that this plan includes the installation of rooftop antennas, many of the criteria are not applicable. The majority of the compliance standards are in the form of screening and aesthetic qualities to limit the visual impact of the equipment. The painting of the antennas and screening of the equipment by the parapet wall will significantly reduce visual impact. The antennas are approximately 4'6" above the parapet wall, and do not require any type of variance. All support and/or switching devices are either beneath the parapet wall or stored within the building. All conduits (electrical and coax) are on the roof and also beneath the Page 1 of 2 parapet. No lighting or signage (other than the required telephone contact numbers) is proposed through this plan. For Staff's response to the review criteria see "Exhibit A." DECISION: Staff finds that the Wireless telecommunication services and equipment application for three broadband antennas on the roof of 601 E. Hopkins, provided by Rocky Mountain Broadband, should be granted. The location is appropriate for this type of accessory use, and it compatible with surrounding development. APPR 1 VED BY: P40 9 Zeit Chris Bendon Date Community Development Director Attachments: Exhibit A — Location map of equipment and elevations Exhibit B — Proximity to other facilities and equipment map Exhibit C — Review Criteria and Staff findings Page 2of 2 It M a nawn l OF MS w.a 24'7w'. Wu wm a nw wgn ran Nano w aow wa amm r 73 ■ 0 0 m Z E© SL' r w`Fz9 1 2 D FO o ;m a �P R n q f� ; 0 / W il IQ cud / (DI cp bg Ert e / h a s 0 ` -3 mg f 0 8 °g I I £ Pr 1 1 / I I H -- — w' vAv v v 9 I I e r / 1111 5,0' _7, 1, 0 B A - -- E : -OE 1. E0 E9 f A ;� 60 1111 —p o m U PO o P - -- i € m •- qg A P g t. 7c; q I L� - - ---- — V J d a; 4 5 a . , .a. 7 - ©i - / \ MACNE NOR _. a • i .-11:\--Id 1 i HOPKINS $ �w � , ....� x_ ( i 0 p � N t,vs �� . T ��m m °° �_ pap 0 '2 ,. zi ^,� oNEB<m: O N 601 E. HOPKINS AVE. B ��II c S l m f ➢ E 5 g " L ' 1 W z a g yc_ O� —i — J D 0) �E =a 91° o � � m o m '�zm C 6 ma- � —I h m N i 2 "e ;n r = m m La n.- r moR m < .261. < boo z o z z ED ED iA �A o = =z p x =. a 8 0g a li -a ;a xF h A A L 4 0 ;(3';', O I—li!' co me 0£ MIS "o`> MiIl la I IM mama ■Ima MIS an 2 52 5N 4z: 1;10 o� w ° n _ _ CD I T § v0 m . � MO MS r l A Ti ®m o i G' A� xP iii ma ''''''-'-\ Vii• j I / / min € a9, r. 8 Mii ?in o m � o ( V W e 1 73 4 IA x x x x o 9 � � N x I= m 1 > y k ° 0 0 y R ^ > y c b ¢ b 8 i mg z t ° 31 Ti I 4 'r2 '2 r ^ac 1 4 • Y bg s 8 m X K E a 6 "E > A Y A� ms G A A ii R o > � > ,f,' . £ w 4 P plr > PE ii II II , § y ' §q S S 5' i N a J T y \ `111 �' f ° O HOPKINS T 4 Lh "��, .�.... 111 R g 0 � 5' ocoo� o n a / O \ y V ".. . C M!U ( I P r be 601 EHOPKNS AVE. a � � � m D L. ft �. ^ I T 5 Confirmed Distance Between 601 E. Hopkins and 620 E. Hopkins tewart Title Building • T &T Facility . „L.', r` .. f:. 3 L ll Y ` ^'a 189' Between Buildings c Y 180' Between Facilities �. .. ,.11 Hopkins a. ' ocky Mtn Broadband Facility -, `y s 0 ' 'm Rocky Mountain Broadband Proposed Wireless Facility at 601 E. Hopkins AT &T Existing Facility at 620 E. Hopkins I have personally measured the distances between the two structures with a measuring tape. The facility measurements were judged by triangulation and reconfirmed with the above satellite imagery. A margin of error of no less than 1' for either measurement is guaranteed. z _ " x ° i~ Scott Wright Aspen Advanced (for Rocky Mountain Broadband) C rll :_, 4-- _ , 970 - 948 -2372 n' :tr.' 11 .4u : -'' scott@aspenadvanced.com Ade ' January 6, 2011 Signature Date Exhibit C Wireless telecommunication services and equipment 601 E. Hopkins Ave. Wireless telecommunication services facilities and equipment: 26.575.130 The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof - mounted (above the eave line of a building). Flat -roof mounted facilities visible from ground level within one - hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched - roof - mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. Staff response: The three antennas at 601 E. Hopkins will be at the minimum height necessary for reasonable operations. They are positioned behind a parapet wall and are below the Land Use Code's height provision for this type of device. This location qualifies as a "First Choice" under the selection criteria listed in 26.575.130. Staff finds this criterion met. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right -of -way line, shall be at least equal to the height of the monopole. Staff response: Not applicable. c. No wireless communication facility may be established within one - hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. Staff response: The Applicant supplied a vicinity map displaying proximity to other telecommunication devices. The proposed facility is 129 feet from the nearest building with facilities and 180 feet from the facilities. Staff finds this criterion met. 0 d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. Staff response: The proposed antennas and facilities do not extend beyond the property lines. Staff fords this criterion met. 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. Staff response: Not applicable. b. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. Staff response: Not applicable. c. The Community Development Director may approve a taller antenna height than stipulated in b. above if it is his or her determination that it is suitably camouflaged, in which case an administrative approval may be granted Staff response: Not applicable. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). Staff response: Not applicable. e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. Staff response: The proposal includes a plan where the support/switching instruments are shielding from view by the property's parapet wall. Staff finds this criterion met. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. Staff response: The 601 E. Hyman building does not include as much fenestration as other buildings in Aspen's core. The property is significantly played down from the typical architectural style. The building does have a cap consisting of a metal material, and the antenna will replicate this effect. Staff fmds this criterion met. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision - making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). Staff response: The Applicant has committed to painting the antenna the same color as the metal at the top of the building. Staff finds this criterion met. c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. Staff response: Not applicable. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. Staff response: Not applicable. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). Staff response: The only utilities involved for this proposal are the electrical and coax conduits on the roof. These will be below the parapet wall and beyond public view. Staff finds this criterion 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 the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. Staff response: Not applicable. b. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. Staff response: Not applicable. c. Surrounding view planes shall be preserved to the extent possible. Staff response: This property is not located within a Mountain View Plane. 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. Staff response: The Applicant is aware of all FCC regulations and committed to compliance. Staff fmds this criterion 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 buildings and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees or other similar objects; consist of .colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision - making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission or City Council, as applicable). Staff response: Not applicable. 1 , b. For ground- mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year -round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. Staff response: Not applicable. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. Staff response: A cables and conduits associated with this facility will be beneath the parapet wall. Staff fords this criterion met. d. Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. Staff response: Not applicable. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined • above. Staff response: The proposed screening plan does not require any additional materials or landscaping. By painting the antenna and keeping the facility behind the parapet wall, the visual nuisance created by this plan is significantly reduced. It does not pose a legitimate concern that necessitates additional screening. Staff finds this criterion 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. Staff response: There is no lighting planned for this facility. Staff finds this criterion met. b. Light fixtures, whether free standing or tower - mounted, shall not exceed twelve (12) feet in height as measured from finished grade. Staff response: Not applicable. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. Staff response: There is no signage proposed for this facility. Staff finds this criterion met. 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. Staff response: The equipment on the roof will have the contact information of the appropriate entity in the event of an emergency. Staff finds this criterion met. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle /pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. Staff response: This facility will be on the roof of the structure and will not impede any area of the building's normal operating ability. Staff fords this criterion met. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. Staff response: The roof is provided access by a non - public means. Staff fords this criterion met. 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) Staff response: Not applicable. ki+c /k Height Confirmation for 601 Hopkins and St. Regis Antenna Installations ti ✓ 1 TO: City of Aspen Oak �frn q� ?Oa FROM: Scott Wright — Rocky Mountain Broadband — CIO & Design Engineering ry � ` k F � p P F N RE: Rocky Mountain Broadband antenna installation at 601 E. Hopkins & St. Regis I have completed several tasks involving the heights of both St. Regis and 601 Hopkins, including physical measurements of each building using a mean average from corner to corner. I have studied the blueprints for each building and used GPS measurements. Each measurement was within 12" of any documented heights. I also communicated with American Tower regarding the St. Regis site and their recorded heights matched the other documented heights. The drawing heights recorded on the engineering documents are correct with a margin of error no more than 12" higher than the measured and documented heights. All values are currently correct and within the guidelines set forth by the City of Aspen. • Otorei Scott Wright CIO — Rocky Mountain Broadband Date:Jan 11, 2011 Title Letter of Approval TO: City of Aspen FROM: Harris Cahn — Authorized Agent for 601 Hopkins Condominium Owners Association RE: Rocky Mountain Broadband installation of 4G antenna on the roof of 601 E. Hopkins An agreement between Bass Cahn — 601, LLC and Rocky Mountain Broadband has been signed and I, Harris Cahn, Manager of Bass Cahn — 601, LLC and Manager of 601 Hopkins Condominium Owners Association, agree to the terms of placing antennas on the roof of same property for the purpose of providing fourth generation wireless broadband service (4G). Harris Cahn A tgetA4Ay. A — Date: A S, c /a Title / RECEI c PR00c201 ElopmENT BASS CAHN - 601, LLC PO. BOX 4060 TEL: (970) 920-0007 ASPEN, COLORADO 81612 RECEIVED FAX: (970) 920 -4976 JAN 12 2011 HARRIS @CAHNPARTNERS.COM CITY OF ASPEN To: City of Aspen COMMUNITY DEVELOPMENT From: Harris A. Cahn Re: Rocky Mountain Broadband Date: January 11, 2011 To whom it may concern: By Option and Lease Agreement dated March 19, 2010, Bass Cahn — 601, LLC a Colorado limited liability company, with the consent of Horsefins, LLC, leased certain rooftop space to Rocky Mountain Broadband, a Georgia limited liability company, to install an antenna to provide fourth generation (4G) wireless cellular and broadband service. Annexed hereto please find a copy of a Proforma Title Report prepared by Pitkin County Title, Inc. dated December 15, 2010 showing ownership of the real property known as and located at 601 E. Hopkins Ave., Aspen Colorado in Bass Cahn — 601, LLC and Horsefins, LLC. The undersigned as Manager of Bass Cahn — 601, LLC and the 601 E. Hopkins Condominium Association does hereby grant approval to Rocky Mountain Broadband, a Georgia limited liability company, to install an antenna to provide fourth generation (4G) wireless cellular and broadband service. The undersigned as Manager of Horsefins, LLC does likewise hereby confirm its approval of the aforementioned grant of approval to Rocky Mountain Broadband, a Georgia limited liability company, to install an antenna to provide fourth generation (4G) wireless cellular and broadband service. Very truly yours, Bass C. , 601, LLC / arris A. Cahn, Manager orsefinLU Joy I ens, Manager RECEIVE PROFORMA TITLE REPORT 9 ' 1 20ii oc SCHEDULE A C ATV ASpEN 1. Effective Date: December 15, 2010 at 8:00 AM Case No. PCT23055P u p ME.NT 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: BASS CAHN - 601, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 1 AND HORSEFINS, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO PARCEL 2 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described asfofows: See Attached Exhibit "A" PITKIN COUNTY TITLE. INC. 601 E. HOPKINS, ASPEN. CO. 61611 970-925-1766 Phone/97D-925-6527 Fax 87 ?- 217.3158 To Free AUTHORIZED AGENT Countersigned: • RECEVEn EXHIBIT "A" ; r LEGAL DESCRIPTION 2011 C ITY . PARCEL 1 C tif✓ it p ` OF ENl UNITS 1, 2 -A AND 2 -B, 601 EAST HOPKINS CONDOMINIUMS, A COMMON INTEREST COMMUNITY, according to the Condominium Map thereof recorded December 20, 1994 in Plat Book 35 at Page 76 and Condominium Declaration for 601 East Hopkins Condominiums recorded December 20, 1994 in Book 769 at Page 931, PARCEL 2 UNIT 3 601 EAST HOPKINS CONDOMINIUMS, A COMMON INTEREST COMMUNITY, according to the Condominium Map thereof recorded December 20, 1994 in Plat Book 35 at Page 76 and Condominium Declaration for 601 East Hopkins Condominiums recorded December 20, 1994 in Book 769 at Page 931, SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND /OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL. REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABIUTY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE li te& lie 1 2 10 City y 10 C / OF. � EG&V EL, y; "y Cm,. � 2 2 08 SCHEDULE XPTONS 2 C �srUAfin �� The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Terms, conditions, provisions and obligations as set forth in Multipurpose Easement Agreement, Electric and Communications Utilities, recorded November 29, 1979 in Book 379 at Page 954. 8. Terms and conditions of Encroachment Agreement dated February 5, 1993 in Book 702 at Page 821. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for 601 East Hopkins Condominiums recorded December 20, 1994 in Book 769 at Page 931. 10. Easements. rights of way and a9 matters as disclosed on Plat of subject property recorded December 20, 1994 in Plat Book 35 at Page 76. 11. Terms, conditions, provisions and obligations as set forth in Additional Provision to the Contract to Buy and Sell Real Estate recorded January 4, 1995 in Book 771 at Page 44. 12. Deed of Trust from : BASS CAHN - 601, LLC, A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : FIRST COLORADO NATIONAL. BANK Original Amount : $600,000.00 Dated : July 23, 2007 Recorded : July 26, 2007 Reception No. : 540341 THE ABOVE DEED OF TRUST ENCUMBERS PARCEL 1 (Continued) % NZ/4! n Re( SCHEDULE B SECTION 2 C C /T 1', . ` 2D EXCEPTIONS - (Continued) UN /7}. Sj�:�, 13. Deed of Trust from: BASS CAHN - 601, LLC, A COLORADO UMITED LIABILITY COMPANY F(pp� st To the Public Trustee of the County of PITKIN For the use of : U.S. BANK N.A. Original Amount : 5250,000.00 Dated : April 22, 2003 Recorded : May 13, 2003 Reception No. : 482619 Subordination Agreement recorded July 26, 2007 as Reception No. 540342. THE ABOVE DEED OF TRUST ENCUMBERS PARCEL 1 14. Deed of Trust front HORSEFINS, LLC, A COLORADO LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : ALPINE BANK ASPEN Original Amount : 51,150,000.00 Dated : June 24, 2005 Recorded : June 30. 2005 Reception No. : 511857 THE ABOVE DEED OF TRUST ENCUMBERS PARCEL 2 601 Hopkins Simulated Visual Installation from Street Level b O T. ! I .."--. G ,�,/ m� N i Co 13 o 't . .. xsxctv.x 1. -; , 2110.31V 11#"3" . ,.r' Proposed nPw Ante..nna,. • 1 • REC E: VED JAN 12 2011 CITY o COMMO AsF�N NlT DEVELOPMENT Confirmed Distance Between 601 E. Hopkins and 620 E. Hopkins • ,, t • tewert Title Building • • T &T Facility 46,* , fra itt i' ' I iNiel 129 Between Buildings 180' Between Facilities dilt L 11 Hopkins • ocky Mtn Broadband Fadlity . li it e , OP AP , * i Rocky Mountain Broadband Proposed Wireless Facility at 601 E. Hopkins AT &T Existing Facility at 620 E. Hopkins I have personally measured the distances between the two structures with a measuring tape. The facility measurements were judged by triangulation and reconfirmed with the above satellite imagery. A margin of error of no less than 1' for either measurement is guaranteed. RECEIVED Scott Wright JAN 1 2 2011 Aspen Advanced (for Rocky Mountain Broadband) CITY Cyr ASPEN 970 - 948 -2372 COMMUNITY DEVELOPMENT scott @aspenadvanced.com AS �E'' _ January 6, 2011 Signature Date § 5 m a l A p € 9 I > 1 t 1 � m C7 — D I Z r m P o k Z o -1 4 n O gt z Dtg z , 3 ' . wag 0 11 rON - rmf,.0 N� 1 ry $iiiii X 53,,, 3 N "9u 4. � r o $11g1 i ' ,1 s °xd sT m n "i :rsr . 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I A #, �� } , ti � E' " 1 i y :: ` ) W y ASPEN, CO 81611 o ��y�� p \' a � °° z z g I- 1 1 J 4�� L ■ CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 970.429.2759 DATE: 10/15/09 PROJECT: Wireless Broadband Antennae at 601 E Hopkins REPRESENTATIVE: Richard Kolsby, 404.229.8953 OWNER: Bass Cahn -601, LLC TYPE OF APPLICATION: Wireless Telecommunications Services Facilities and Equipment DESCRIPTION: The applicant, plans to submit an application for Wireless Telecommunication Services Facilities and Equipment for the rooftop at 601 E. Hopkins. The proposed plan includes three wireless broadband arrays to be located in a same area that other wireless t -comm equipment has been placed. Wireless telecommunications applications are an administrative review. No public notice is required. Below is a link to the Land Use application Form for your convenience. http://www.aspenpitkin.com/pdfs/depts/41/landuseappform.pdf Below is a link the Land Use Code for your convenience: http: / /www.aspenpitkin.com /Departments/ Community - Development /Planning- and - Zoning/Title -26- Land- Use -Code/ Land Use Code Section(s) .6.304 Common Development Review Procedures 26.575.130 Wireless telecommunications services facilities and equipment Important sections to meet: 26.575.130 D -F Review by: Community Development Staff for complete application Public Hearing: Not required Planning Fees: Administrative Review: $735 for Community Development Administrative review. This includes three (3) hours of staff time. Additional staff hours, if needed, will be billed at $245 per hour. Total Deposit (P &Z): $735 i Total Number of Application Copies: 2 To apply, submit the following information I Total Deposit for review of application. I I Pre - application Conference Summary. n Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. k I 1 Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. If the property is condominiumized a letter from the HOA is required. I A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings. 1 Completed Land Use application and signed fee agreement. I An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 1 A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application ( §26,575.130 D -F). I Elevation drawings or "before and after" photographs /drawings simulating and specifying the location and height of antennas, support structures, transmission building(s) and /or other accessory uses, fences, and signs. 1 1 Structural integrity report or letter clarifying the installation and support program for the proposed wireless telecommunication equipment. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 0 RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT nr'T 2 8 2010 Asreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN COMMUNITY DEVELOPMEN 1 CITY OF ASPEN (hereinafter CITY) and Z OC . `( #4,0.4 TA i)5A4 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 601 f ofle -i (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 Historic Preservation Commission, Planning and Zoning ® Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 $13C..2 which is for 3 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 $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT • By: By: _ / • , A! J / Chris Bendon Community Development Director Date: 1 0 ( l 10 Billing Address and Telephone Number: 33o6 P4crc'- W rri_✓iw114 30'331 0 1 N_____ . RECEIVED ATTACHMENT 2 —LAND USE APPLICATION nrT 28 2010 OJECr: CITY ul ,— - EN COMMUNITY DEVELOPMENT Name: hoc 1- &0u,.t t R (r$ as�°a� �� O Location: ( ■ £ 1-t v-(,sS Av 4- ASPti^.) , co g lb t$ (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 1-7 3 '7071 8 d 0 / APPLICANT: Name: Rke.14/44g. J Koss 3i -- /tot. is y i' rA //J /3fr_DAP43a.Jd Address: - 5 3 O (o PAC-4-5 it-g-. o4- A— L A, .4 - r - A. r & A 30 3 3" Phone #: 404 ` 2-29 - 89S3 REPRESENTATIVE: Name: UJ it-4- r,4 3 A ft. CL Address: 2-6 c), Sc,y -,04_ D42 iu- .4; 4. # &A 3 o3 4 0 Phone #: -in o -- 5'9 C 9 A (3 2_ TYPE OF APPLICATION: (please check all that apply): El GMQS Exemption El Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA • t U ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane • El Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment 3 Other: W1p4�4 TS- c.'i.Cu ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) (AwL't1 Stoc CO vtA9 , -.- ty�L )RL 3 u (I - ,) , NG I PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 1,45.1- 01'0-4-s,o.! 0 3 -(6. (4 - ?r+a.S4Tr<,41 0./ 4 P4D f7 ' 4 7 - A /1/4 Ta Su/Pee 3 tl M AnCi I. t-iMrgS Fe-NI Ai,.ic N(&it 5P4, W all-DAP/34,J 43 5 Have you attached the following? FEES DUE: $ '7 35. o G ErPre- Application Conference Summary Attachment #1, Signed Fee Agreement El Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 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 text Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an ectronic 3 -D model. Your pre - application conference summary will indicate if you must submit a 3 -D model. ATTACHMENT 3 RECEIVED O DIMENSIONAL REQUIREMENTS FORM frT 2 8 2010 Project: bit 4 - t CITY OF ASPEN Applicant: R oc �c ou. Nz4 ,'J co.k n i - S4,1/> /> COMMUNITY DEVELOPM Location: bp 1. H9 pri,,, S t €; e 1 Zone District: C— 1 Lot Size: 2., oo Lot Area: z, ova (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: t P Proposed: 1 J0, Number of residential units: Existing: N A Proposed: nip Number of bedrooms: Existing: N !,, Proposed: ,JP Proposed % of demolition (Historic properties only): t l .P DIMENSIONS: Floor Area: Existing: rl A Allowable: pi n. Proposed: AM Principal bldg. height: Existing: NA Allowable: 4t Proposed: ,JA Access. bldg. height: Existing: ' o / Allowable: 4 -t o ' Proposed: 36 On -Site parking: Existing: /JA Required: ,.f n Proposed: ,JA % Site coverage: Existing: 1/VA Required: N A - Proposed: % Open Space: Existing: ,v4 Required: (%/, Proposed: ,i/A Front Setback: Existing: ,.- Required: ,✓A Proposed: ,✓.4 Rear Setback: Existing: „/'A- Required: ,✓,, Proposed: A/A- Combined F/R: Existing: ,✓, - Required: ,✓/4 Proposed: „/A Side Setback: Existing: A/A- Required: ,VA Proposed: /VA. Side Setback: Existing: ,vA- Required: Proposed: //A- Combined Sides: Existing: At - Required: ,V/? Proposed: ,✓/t- Distance Between Existing ,vA Required: e Proposed: / Buildings Existing non - conformities or encroachments: r co,ycz, Variations requested: Mo,icz.. 0 Rocky Mountain Broadband - Zoning Application DIGITEL City of Aspen - Wireless Broadband Project Rocky Mountain Broadband - New Installation Property Owner: Applicant: Applicant Representative Bass Cahn 601 LLC Rocky Mountain Broadband Digitel Corporation PO Box 4060 3306 Paces Ferry Avenue 2600 School Drive Aspen, CO 81612 Atlanta, GA 30339 Atlanta, GA 30360 Attn: William Bailey 770 - 595 -9432 Site Name: 601 E Hopkins Site Address: 601 E. Hopkins Avenue, Aspen, CO 81611 Equipment Area: Base Area = 9.67 sq ft (3 units, total sq ft = 29.01 sq ft) Ode fil 014 Area: 2,000 sq ft +/- o t Parcel #: 273707380001 '� Of �S ��o @ Zoning: Commercial (C -1) Zone District i . Process: Administrative Wireless Broadband/Telecom ,.i.e (1' Pr Planner: Jennifer Phelan Request: Administrative wireless broadband /telecom approval to allow the installation of three non - penetrating roof mount stands to support three 2.4GHz WiMAX antennas in the C -1 Zone district. The system will provide mobile high -speed broadband services to residents, businesses, schools, and tourists in the City of Aspen. Request and Justification Rocky Mountain Broadband will provide high -speed mobile broadband services to the City of Aspen, for use by residents, businesses, schools, and tourists. In order to provide these services, the use of this location was selected as a site key to the coverage of the City of Aspen. The site was selected based on its location and zoning classification as C -1 Commercial and its adjacency to other Wireless Telecom facilities. The characteristics of this installation will comply with the City of Aspen's zoning requirements. This location will provide adequate and uninterrupted service as required by the Federal Communications Commission (FCC) while offering the residents, business, schools, and tourists access to a cutting edge technology that is faster and more reliable than existing wireless broadband services. Site: 601 E Hopkins 1 Rocky Mountain Broadband - Zoning Application DIGITEL1 Design and Detail The proposed installation will consist of three non - penetrating roof mount stands that will house three 2.4 GHz antennas. Each non - penetrating roof mount stand has a base of 34.8" x 40" and a 2 3/8" OD mast. The dimensions of the antenna to be installed are 48 "x6.5 "x3.3 ". The antennas RAD center will be 6' above the roof level of the building. It is calculated that the roof is 30' above grade. There is a parapet wall that extends up 3' from roof, therefore the antenna will extend above the parapet wall 3'. All three non - penetrating roof mount stands will be secured using ballast consisting of concrete block. All stands will be set off side of building 5' or greater. Structural analysis and additional information is included at the end of this document. The equipment cabinet that houses the electronics will be stored inside the building. In summation, there will be three non - penetrating roof mount masts, to support three WiMAX antennas installed on the roof of the building. The equipment cabinet will not be visible as it is located inside the building. Compliance with the City of Aspen Land Use Code Sec. 26.304.010 General A pre - application meeting was held with a representative of the City of Aspen Zoning department on 10/19/2010. Also, a pre - application summary of requirements was provided by Jennifer Phelan on 10/15/2010 and is attached at the end of this document. Sec. 26.304.020 Pre- Application Conference A pre - application summary was provided on 10/15/2010, and pre - application conference was held on 10/19/2010. Sec. 26.304.030 Application and Fees The required fee has been included with this application; the following items are also included with this application: 1. Letter of Authorization by Rocky Mountain Broadband 2. Letter of Authorization and Lease from owner of property 3. Property Information from Tax Assessor 4. Vicinity Map, Professional Engineer stamped construction drawings with elevations, Professional Engineer stamped structural analysis 5. Photo simulation of installation for aesthetic purposes Sec. 26.304.040 Initiation of Application for Development Order Digitel Corporation is making the application as the authorized representative of Rocky Mountain Broadband who has an active lease with the property owner. Sec. 26.304.050 Determination of Completeness and Review Site: 601 E Hopkins 2 Rocky Mountain Broadband - Zoning Application DIGITEL1 9. Photo simulation of installation for aesthetic purposes Sec. 26.304.040 Initiation of Application for Development Order Digitel Corporation is making the application as the authorized representative of Rocky Mountain Broadband who has an active lease with the property owner. Sec. 26.304.050 Determination of Completeness and Review An application for Administrative Review has been enclosed for review by the Community Development department. It is the understanding of Rocky Mountain Broadband that this review does not require a public hearing. Sec. 26.304.060 Review of a Development of Decision Making Bodies An application for Administrative Review has been enclosed for review by the Community Development department. It is the understanding of Rocky Mountain Broadband that this review does not require a public hearing and is considered a permitted use in the C -1 zoning district. Sec. 26.304.075 Building Permit A building permit has been filed and paid for by Rocky Mountain Broadband. The permit number pending approval by the Zoning Department is 0166.2010.ACGR. Sec. 26.575.130 D -F Wireless Telecommunications Services Facilities & Equipment A. Intent and Purpose The proposed facility installation by Rocky Mountain Broadband will be compatible with the surrounding development, and sensitive to the scale and character of the area. This will be accomplished by minimizing the visual and aesthetic impacts to the surrounding area by careful selection of equipment to be mounted as well as the structural footprint of the support systems. The materials will be painted and /or screened in a manner that will camouflage their appearance in an attempt to blend into the building and minimize the impact from the street level view. The facility location makes use of a building that is located in the C -1 Zoning District and is adjacent to an existing Telecommunications Facility. B. Applicability The proposed facility installation will comply with all requirements for such facilities listed in Section 26.575.130 of the City of Aspen Land Use Code. All applicable permits will be applied for and paid in full. All additional or necessary approvals will be obtained. C. Procedure A pre - application summary was delivered by Jennifer Phelan on 10/15/2010 via email, and a pre - application meeting was held at the City of Aspen Community Development Office on 10/19/2010. A building permit has been applied for and paid, pending approval by the zoning department the permit number is listed as 0166.2010.ACGR. Site: 601 E Hopkins 3 Rocky Mountain Broadband - Zoning Application DIGITEL1 D. Application The following items have been submitted for review with this application: 1. Professional Engineered Stamped construction drawings depicting site plan, mounting locations, elevations of proposed installation of facilities. Photos of actual building prior to and with a simulation of what the antenna installation would look like from street level. 2. A site improvement survey is not included as the facility is going to be installed on the building rooftop and all material and facilities are contained within the existing building. 3. A landscape plan is no included as the facility is going to be installed on the building rooftop and all material and facilities are contained within the existing building. 4. Elevation drawings are provided. 5. A lighting plan is not applicable. There are no lighting requirements for this facility. 6. A structural analysis stamped by a Professional Engineer is provided and attached at the end of this document. 7. The facility will comply with the regulations of the Federal Communications Commission (FCC) with regard to maximum Radio Frequency (RF) and Electromagnetic Frequency (EF) emissions. 8. The installation of this facility makes use of building in the C -1 zoning district. There is a similar installation of Wireless Telecommunications facilities adjacent to this location, as well as an existing wireless access point mounted and operational on this building. 9. The installation of this facility makes use of a building in the C -1 zoning district, and is adjacent to a similar Wireless Telecommunications facility. There is an existing wireless antenna mounted on this building as well, therefore it complies with the siting requirements set forth by the City of Aspen. 10. A pre - application conference was held on 10/19/2010. This site is an important coverage location for the delivery of services to the City of Aspen's residents, businesses, schools, and tourists. E. General Provisions and Requirements 1. The installation of this facility makes use of a commercial building designated to be in the C -1 zoning district. The antennas and equipment are allowed in this zoning district. There is an adjacent wireless telecommunications facility to this building. 2. This building mounted facility complies with the City of Aspens preferences for Wireless Telecommunications Facility siting. Site: 601 E Hopkins 4 Rocky Mountain Broadband - Zoning Application DIGITELI 3. Rocky Mountain Broadband will operate in a licensed spectrum therefore no interference issues will arise. 4. The installation of this facility will have no impact on airports or flight patterns. 5. The installation of this facility is not on a building of historic significance. 6. The installation of this facility is not on a public building, public structure, or in a public right -of -way. 7. The facility is not collocated. 8. The facility will be maintained in a safe and clean manner. Installation of equipment will be performed in a workmanlike manner and comply with all manufacturer's recommended procedures. 9. If the facility is deemed inoperable, all equipment and material will be removed in a timely manner. F. Review Standards 1. The facility has at least one existing antenna. The new installation of equipment and material is located on the building rooftop and electronics are housed inside o the , building therefore the setback requirements are maintained and /or met. t_c' , 5 ' 2. The proposed antennas will be mounted 6' above rooftop height and 3' above parapet wall height; therefore they meet the specifications of height requirement. . Further, pursuant to Section 26.575.020(B)1(d) which states as paraphrased: [ ....structures shall not extend over ten (10) feet above the specified maximum height limit, except for the roofs with a pitch of 8:12 or greater ] therefore, the proposed installation listed in this application is within the requirements of the code as listed and will not exceed the maximum 10' height requirement. 3. The antennas and mounting structure will be painted to match the building. The selection of a smaller antenna was used to decrease the overall aesthetic and visual impact from the street level. 4. The facility is located on a building that has an existing antenna as well as adjacent to an existing Wireless Telecommunications facility. The structure and antenna footprint are significantly smaller than any other facility installation. Other equipment is located inside the building therefore the installation of the equipment is compatible with the natural environment. 5. The antenna location is offset from the side of the building and thought was put into the size and space of the overall installation to minimize the visual and aesthetic impact of the installation. As depicted in pictures at the end of this document, visibility from street level is minimal at best. 6. No lighting or signage is needed or proposed in this application. Site: 601 E Hopkins 5 Rocky Mountain Broadband - Zoning Application DIGITEL1 7. The installation of this facility does not impact access ways and /or any public right -of- ways. Summary As demonstrated in the above proposal, the Rocky Mountain Broadband facility will comply with all standards and requirements set forth by the City of Aspen. As mentioned, the installation of this facility is adjacent to a similar Wireless Telecommunications facility and pursuant to the code set forth in Section 26.710.150(B)2 for this C -1 zoning district the installation of this facility is an approved application in this zone. Permitted uses. The following uses are permitted as of right in the Commercial (C -1) Zone District: 1. Uses allowed on upper floors: Lodging, affordable multi - family housing, free - market multi - family housing and home occupations. 2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood commercial uses, service uses, office uses, arts, cultural and civic uses, public uses, recreational uses, academic uses, child care center, bed and breakfast, accessory uses and structures, uses and building elements necessary and incidental to uses on other floors, including parking accessory to a permitted use, storage accessory to a permitted use, farmers' market, provided that a vending agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be allowed as the sole use of the ground floor. This site is an important part of the success of the deployment of the Rocky Mountain Broadband network. It is the intention of Rocky Mountain Broadband to comply with and provide all necessary items to the City of Aspen so that it can operate and provide this service to the City of Aspen. The installation of this site will cause minimal visual and aesthetic interference to the surrounding area as it is proposed; while offering a cutting edge technology service to the residents, businesses, schools, and tourists of the City of Aspen, Colorado. William P. Bailey Director of Field Operations Digitel Corporation 770 - 595 -9432 Site: 601 E Hopkins 6 i Ro Mountain Broadband 112 S. Mill Street, Aspen, Colorado 81611 To Whom it May Concern This letter authorizes William Bailey of Digits! Corporation, 2600 School Drive, Atlanta, Georgia 30360 and telephone number 770 - 595 -9432 to represent Rocky Mountain Broadband, LLC, 3306 Paces Ferry Avenue, Atlanta, Georgia 30339 and Richard Kolsby, Its Managing Director at 404- 229 -8953 Most Cordially • Richard Kolsby 0 Letter of Approval TO: City of Aspen FROM: Harris Cahn RE: Rocky Mountain Broadband installation of 4G antenna on the roof of 601 E. Hopkins An agreement between Bass Cahn — 601, LLC and Rocky Mountain Broadband has been signed and I, Harris Cahn, Manager of Bass Cahn — 601, LLC, owner of real property located at 601 E. Hopkins, agree to the terms of placing an antenna on the roof of said property for the purpose of providing fourth generation wireless cellular and broadband service (4G). Harris Cahn G44r4.4/.�i c.t.. Date: 76 (2--ctio Title (./ Site Name: 601 E. Hopkins, Aspen, Colorado OPTION AND SITE LEASE AGREEMENT THIS OPTION AND LEASE AGREEMENT (this "Agreement ") is entered into this f day of March, 2010 ( "Date of Agreement ") by and between: Bass Cahn — 601, LLC ( "Lessor ") and ROCKY MOUNTAIN BROADBAND, a Georgia LLC ( "Lessee "). WHEREAS, Lessor is the owner of the building located at 601 E. Hopkins Avenue, Aspen, Colorado - 81611 ( "Property "); and WHEREAS, Lessee desires to obtain an option on the Property for the purpose of occupying and installing its Communication Facilities on the roof of the building as more specifically set forth below. WHEREFORE, Lessor and Lessee agree as follows: OPTION 1. Lessor for and in consideration of One Thousand Dollars ($1,000.00), this Agreement and mutual considerations, the receipt of which is hereby acknowledged, does hereby grant and convey unto Lessee, its successors, assigns and agents an Option to lease the Property for the Permitted Use set forth in paragraph four below. 2. Option. The option to lease Lessor's Property may be exercised by Lessee at any time within the first 12 months of the date of Agreement ( "Option Period ") by providing Lessor with written notice of Lessee's intent. Lessor agrees that Lessee may, at its sole discretion, extend the Option Period by six additional months by providing Lessor with written notice prior to the expiration of the original Option Period and by paying Lessor, at the time Lessee requests the extension, a sum of One Thousand Dollars ($1,000.00). 3. Due Diligence. During the Option Period and any option extension, Lessee, its agents, engineers or contractors shall have the right to enter upon Lessor's Property to inspect, examine, sample and conduct all engineering tests or studies of the Site, to apply for and obtain all licenses and permits required for the Lessee's Permitted Use from all applicable governmental or regulatory entities, and otherwise do those things on the Site that, in the opinion of Lessee, are necessary to determine the physical condition of the Site, Lessor's title to the Site and the feasibility or suitability of the Site for Lessee's Permitted Use, all at Lessee's expense. Lessee shall not be liable to Lessor or any third party on account of any pre - existing defect or condition on or with respect to the Site, whether or not such defect or condition is disclosed by Lessee's inspection, although Lessee shall be responsible for any damage, loss or destruction to the Site as a result of the actions of its employees, representatives or agents during the due diligence activities. LEASE The lease provisions contained in paragraphs 4 -15 of this Agreement shall become effective upon Lessee's exercise of its option pursuant to Paragraph 2 above ( "Effective Date "). 4. Permitted Use. The location on Lessor's Property which Lessee is occupying and installing its facilities shall be referred to as the "Site ", which is more particularly described in Exhibit B attached hereto and made a part hereof by this reference. a. Lessee shall have the right, at its'expense, to install, construct, reconstruct and maintain on the Site communication facilities including, without limitation, radio and other storage structures and other improvements relating thereto (collectively the "Communication Facilities "). Lessee shall have the right to modify, supplement, replace, upgrade or relocate the Communication Facilities on the Property at any time during the term of the lease so long as said relocation, replacement or upgrade is made for the purpose of improving the operation of its Communication Facilities. b. Lessee shall be entitled to reasonable access to the Site 24 hours a day, seven days per week, and shall have all additional rights of access, ingress and egress to and from each Site, provided, however, except in the case of an emergency, Lessee shall notify Lessor in advance of Lessee's proposed construction, maintenance or repair activities to be performed on the Site in order to coordinate said activities with Lessor's operations. c. Lessee shall pay any incremental additional utility charges to the Site incurred as a result of Lessee's Permitted Use. Lessee shall have the right, at its expense, to install or improve utilities within or on the Property to service this Site. d. Lessee shall share equally with Lessor the cost of maintaining access road to Site. The frequency of the maintenance is to be at least once every two (2) years. 5. Term. This Lease, if executed, shall be for a term of five years ( "Lease Term ") from the Effective Date. Lessee shall have a right to renew the Lease Term for two (2) additional terms at five year terms each (each being a "Renewal Term "). The Lease Term and each subsequent Renewal Term will automatically renew unless Lessee notifies Lessor in writing, of Lessee's intent not to renew on or before the expiration of its current Lease Term or Renewal Term. 6. Rent. a. Each month during the Initial Lease Term shall pay One Thousand Dollars ($1,000.00) ( "Lease Payment ") to Lessor as rent. Said rent shall be payable in advance to Lessor on or before the first day of each month. During each Renewal Term Lessee shall pay rent as follows: • Term 1 - Year 1 - 5 $1,000.00 /month • Renewal Term 1 - Year 6 -10 $1,500.00 /month • Renewal Term 2 - Year 11-15 $2,000.00 /month b. Payment of rent shall be made payable to and sent to Lessor's address as first set forth above. c. Lessee shall pay, as additional rent, any increase in real property taxes levied against the Site, which are directly attributable to Lessee's use and improvement of the Site, and Lessor agrees to furnish proof of such increase to Lessee. 7. Interference. a. Lessor warrants to Lessee the use and quiet enjoyment of the Site. Lessor agrees that it shall not use, nor shall it permit its tenants, lessees, employees, invitees or agents to use, any portion of the Property in any way which would interfere with the operation of Lessee, provided that continued use by Lessor or Existing Tenants in the same manner as existed at the time the Lease was executed shall not constitute interference with Lessee's operations. Lessee will have the sole use of the constructed facilities within the lease area including utility services. 8. Tenant interference. a. With structure. Tenant shall not interfere with Landlord's use of the structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord b. The Leased Premises is non - exclusive and Landlord shall have the right to use or occupy the Leased Premises for any purpose not inconsistent with Tenant's full enjoyment of the rights hereby granted; provided, however, that Landlord, its successors or assigns, shall have the right to enter upon the Leased Premises and maintain the Leased Premises at all times and /or improve the Leased Premises. c. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this lease. 9. Environmental Matters a. Lessee will be solely responsible for and will defend, indemnify and hold Lessor, its agents and employees harmless from and against any and all direct claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with the Lessee's use of Hazardous Materials. b. Lessor will be solely responsible for and will defend, indemnify and hold Lessee, its agents and employees harmless from and against any and all direct claims, costs and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the removal, cleanup or restoration of the property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the property by Lessee. c. "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state or local environmental or safety law or regulation including, but not limited to, CERCLA. d. The obligations of this Section 8 shall survive the expiration or termination of this Agreement. 10. Insurance /Indemnification /Eminent Domain. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000.00 single limits, bodily injury and /or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include independent contractor's protection, premises- operations, products /completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any property damage which is covered by insurance and neither party's insurance company shall be subrogated to a claim against the other party. Each party shall indemnify and defend the other against loss from their negligent acts and the negligent acts of their employees, agents, licensees and invitees. The parties shall share in a condemnation award in proportion to their interest in the Property taken. 11. Assignment and Subleasing. a. Upon Lessor's written consent, which shall not be unreasonably withheld, Lessee may assign this Lease, in part or in whole, including its right to renew, to any person or business entity which is licensed by the Federal Communications Commission. I 4 b. Lessee may sublet and assign this Lease, or portion thereof, and its other Y b � P rights hereunder to any person or business entity which is a parent, subsidiary or affiliate of Lessee without Lessor's consent. c. Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Option and Site Lease Agreement. d. In the event Lessor elects to permit another communications user the right to use any of Lessor's Property, Lessor agrees to notify Lessee thirty (30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee's use or intended use of the Site. Should Lessee notify Lessor in writing that the third party communications user will interfere with Lessee's operations, then Lessor agrees not to permit the third party communications user the right to use the Site. Lessee's consent shall not be unreasonably withheld. 12. Termination. This Agreement may be terminated as follows: a. By Lessor if Lessee fails to cure a default for payment of amounts due hereunder within thirty (30) days after Lessee's receipt of written notice of default from Lessor; b. by the non - defaulting party if the other party defaults (other than a default described under Section 11(a) above) and fails to cure such default within sixty (60) days after I f written notice of such default is received by the defaulting party from the non - defaulting party, provided, however, that if such default is capable of being cured, the Lease may not be terminated so long as the defaulting party commences appropriate curative action within such 4 sixty (60) day period and t after diligently prosecutes such cure to completion as promptly as possible; c. by Lessee upon sixty (60) days prior written notice. 13. Successors and Assigns. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal 4 representatives and assigns. 14. Representation and Warranties. Each party represents and warrants to the other that (I) it has full right, power and authority to execute this Agreement and has the power to grant all rights hereunder; (ii) its execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on said party; and (iii) the execution and delivery of this Agreement, and the performance of its obligations hereunder, have been duly authorized by all necessary personnel or corporate officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order or decree. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, or mailed by certified mail, return receipt requested, to the following addresses: If to Lessor, to: Harris A. Cahn 4 P.O. Box 4060 Aspen, CO 81612 If to Lessee, to: Rocky Mountain Broadband, LLC 3306 Paces Ferry Avenue Atlanta, GA 30339 Attention: Richard Kolsby, Managing Director 16. Miscellaneous. a. This Agreement shall constitute the entire agreement and understanding of the parties with respect to the Property that is the subject matter hereof and supersedes all offers, negotiations and other agreements with respect thereto. There are no representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in 1 writing and executed by both parties. b. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Property is located. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award 1 compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. c. Either party hereto that is represented in this transaction by a broker, agent or commission salesperson (a "Representative ") shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to a fee, commission or other compensation asserted by such Representative, including reasonable attorneys' fees and costs incurred in defending such claim. d. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. By executing this Agreement, the parties are not establishing any joint undertaking, joint venture or partnership. Each party shall be deemed an independent contractor and shall act solely for its own account. The parties have entered into this Agreement as of the date first stated above. LESSOR: Bass Cahn 61 I, LL 4 By: - Harris A. Cahn Its: Manager LESSEE: ROCKY MOUNTAIN BROADBAND, a Georgia LLC .484°11 • AI Richard Kolsby Its: Managing Director EXHIBIT A Description of Property Legal Description: (SEE ATTACHED SURVEY) EXHIBIT B Description of Site (SEE ATTACHED A &E DRAWINGS) Page 8 Parcel Detail 10/24/10 10:07 AM Pitkin County Assessor /Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Ouery 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail I Value Detail 1 Sales Detail 1 Residential /Commercial Improvement Detail Land Detail 1 Photographs I Tax Area Account Number I Parcel Number 2009 Mill Levy 001 R015063 1 273707380001 I 25.253 Owner Name and Address BASS CAHN 601 LLC PO BOX 4060 ASPEN, CO 81612 Legal Description Subdivision: 601 EAST HOPKINS Unit: 1 Location Physical Address: 601 E HOPKINS AVE ASPEN Subdivision: 1601 EAST HOPKINS Land Acres: I Land Sq Ft: IO 2010 Property Tax Valuation Information I Actual Value I Assessed Value Land: I 0 I 0 http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R015063 Page 1 of 3 Parcel Detail 10/24/10 10:07 AM Improvements: 11 1,289,10011 373,8401 Total: I 1,289,100' 373,840 Sale Date: I Sale Price: Basic Building Characteristics I Number of Residential Buildings: 10 I Number of Comm/Ind Buildings: 11 I I Commercial/Industrial Building Occurrence 0 Characteristics I I MERCH GARDEN LEVEL: 1,965 Total Area: 1,965 Property Class: 2245 Actual Year Built: 1966 Effective Year Built: 1980 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: GOOD -BASE Neighborhood: 601 E HOPKINS "C" Tax Information Balance Due as of 9/14/2010 $0.00 (Current Year Balance Due $0.00 'Delinquent Years' Balance Due $0.00 (Total Balance Due Tax Year Due In Tax + Special Assessment Amount 2009 2010 $9,440.60 2008 2009 $9,668.00 2007 2008 I $9,338.64 2006 2007 I $8,743.32 2005 2006 I $8,386.88 http: / /www.pitkinassessor.org /assessor /Parcel .asp ?AccountNumber= R015063 Page 2 of 3 Parcel Detail 10/24/10 10:07 AM Pitkin County Assessor /Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail I Value Detail 1 Sales Detail 1 Residential /Commercial Improvement Detail Land Detail 1 Photographs Tax Area I Account Number I Parcel Number 2009 Mill Levy I 001 I R015064 1 273707380002 25.253 Owner Name and Address IBASS CAHN 601 LLC 1P0 BOX 4060 O IASPEN, CO 81612 Legal Description (Subdivision: 601 EAST HOPKINS Unit: 2 -A Location Physical Address: 1601 E HOPKINS AVE ASPEN Subdivision: [601 EAST HOPKINS Land Acres: I Land Sq Ft: 10 2010 Property Tax Valuation Information 1 1 Actual Value I Assessed Value Land: 01 0 http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R015064 Page 1 of 3 Parcel Detail 10/24/10 10:07 AM Improvements: 11 439,90011 127,5701 Total: 1 439,900 I 127,570 1 Sale Date: I Sale Price: I Basic Building Characteristics I Number of Residential Buildings: 10 I Number of Comm/Ind Buildings: 11 I Commercial/Industrial Building Occurrence 0 Characteristics � I OFFICE SECOND FLOOR: 1670 Total Area: 1670 Property Class: 2245 Actual Year Built: 1966 Effective Year Built: 11980 Quality of Construction: GOOD -BASE Exterior Wall: GOOD BASE Interior Wall: GOOD -BASE Neighborhood: 1601 E HOPKINS "C" Tax Information (Balance Due as of 9/14/2010 I $0.00 (Current Year Balance Due $0.001 Delinquent Years' Balance Due $0.00 'Total Balance Due Tax Year I Due In Tax + Special Assessment Amount 2009 ( 2010 $3,221.52 2008 I 2009 $3,520.72 2007 ( 2008 1 $3,400.76 I 2006 I 2007 I $2,609.84 I 2005 2006 I $2,503.44 http: / /www.pitkinassessor.org /assessor /Parcel .asp ?AccountNumber= R015064 Page 2 of 3 Parcel Detail 10/24110 10:07 AM Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright cO 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. • c http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R015064 Page 3 of 3 Parcel Detail 10/24/10 10:08 AM Pitkin County Assessor /Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Ouery 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail I Value Detail 1 Sales Detail 1 Residential /Commercial Improvement Detail Land Detail 1 Photographs 1 Tax Area Account Number I Parcel Number 1 2009 Mill Levy I 001 I R015065 1 273707380003 I 25.253 Owner Name and Address BASS CAHN 601 LLC PO BOX 4060 (ASPEN, CO 81612 Legal Description Subdivision: 601 EAST HOPKINS Unit: 2 -B Location Physical Address: 1601 E HOPKINS AVE ASPEN Subdivision: 1601 EAST HOPKINS Land Acres: I Land Sq Ft: 10 2010 Property Tax Valuation Information 1 Actual Value Assessed Value Land: 1 01 0 http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R015065 Page 1 of 3 Parcel Detail 10/24/10 10:08 AM Improvements: 11 889,70011 258,010 Total: ( 889,7001 258,010 ( Sale Date: Sale Price: 1 Basic Building Characteristics Number of Residential Buildings: 10 Number of Comm/Ind Buildings: 1 I � Commercial/Industrial Building Occurrence 0 Characteristics I l OFFICE SECOND FLOOR: 1,355 ( Total Area: 1,355 ( Property Class: 2245 Actual Year Built: 1966 Effective Year Built: 1980 Quality of Construction: GOOD -BASE Exterior Wall: (GOOD BASE Interior Wall: (GOOD -BASE Neighborhood: 1601 E HOPKINS "C" Tax Information (Balance Due as of 9/14/2010 $0.00 (Current Year Balance Due $0.00 !Delinquent Years' Balance Due $0.00 Total Balance Due Tax Year Due In I Tax + Special Assessment Amount 2009 2010 I $6515.52 2008 2009 $7,119.72 2007 2008 $6,877.20 2006 2007 $5,278.08 2005 2006 $5,062.88 http: / /www.pitkinassessor.org/ assessor /Parcel .asp ?AccountNumber= R015065 Page 2 of 3 SAC project: AE058 Structural Analysis Proposed Non - Penetrating Antennas Roof Frames with Ballast On Top of Existing Building Rocky Mountain Broadband Site Name: 601 E. Hopkins Site Location: 601 E. Hopkins Aspen, CO 81611 Date: September 20, 2010 t , cus CI) ••• • A'W ,y . b it • 35 if � /ON AL .r ;C.° 1A/1R C L E S S 11300 Sorrento Valley Rd, Suite 230, San Diego, CA 92121 Office: (858) 229 -6828 Fax: (858) 552 -0184 i INTRODUCTION At the request of Rocky Mountain Broadband, SAC Wireless has performed a structural analysis for a Non - Penetrating Antenna Roof Frames with ballast (BAIRD Model B3 -34x40 ) to be installed on the roof of existing building located at 601 E. Hopkins, Aspen, CO 81611 DESCRIPTION Rocky Mountain Broadband proposes to install a Non - Penetrating Antenna Roof Frames with ballast to support (1) SA2500- 090X -16 DualPol panel antenna (48 "x6.5 "x3.3" HxWxD and 8.7 Ibs). They will be three separate non penetrating antenna roof frames supporting one antenna each. The proposed antenna will be installed 6ft radcenter above roof level. For the stability of the Andrew non - penetrating antenna roof frames, it is secured by CMU concrete - blocks ballast installed on the framing ballast trays. An analysis was performed to design the total ballast required and to analyze the adequacy of existing roof framing for the proposed loading. CRITERIA The wind Toad for the proposed antennas on antenna roof frame has been calculated under the section 6 of SEI /ASCE 7.05, 2006 IBC, and Colorado Building Code. CONCLUSION: The proposed non - penetrating antenna frames secured by ballast will be adequate to support the proposed antenna. The location of the proposed non penetrating antenna frames is provided in the construction drawings. Therefore, SAC Wireless recommends installing the proposed (1) panel antenna on non - penetrating antenna roof frames on the roof of existing building. The installation must be performed in accordance with the details shown in SAC Wireless construction documents, and as required by the approving jurisdiction. 1 A A Page l of 5 0 PROVISIONS OF ANALYSIS & DISCLAIMER Analysis and conclusions included in this report are based on information collected from Rocky Mountain Broadbrand. SAC Wireless declines any responsibility for damages that were originated prior to any proposed modifications or additions. In addition, it is assumed that the structure has been properly built and maintained, including but not limited to the following: • No significant deterioration or damage to any existing building structural elements /components. Page 2 of 5 • LATERAL LOADING • WIND LOAD Wind load per section 6 of SEI /ASCE 7.05 Exposure C Basic Wind speed within Pitkin County, V = 90 mph (3- second gust wind speed) The design wind force (F): total wind load on antennas and Microwave, F can be determined by using following: F= g Where: q = 0.00256 x K x KZt x V x 1 - Velocity pressure, (Section 6.5.10) K = 2.01 (Z/Z9) 2!a = 2.01 (28.50/900) = 0.972 (Tables 6 -2 & 6.3) KZt = 1 (structure not subject to the topographic effects - Section 6.4.1.2 -5) I = 1.0 (Structure classification category II) — Table 6.1 Antenna: q = 0.00256 x 0.972 x 1 x 90 x 1.0 = 20.16 psf G = 0.85 — gust effect factor (Section 6.5.8.1) Antenna: Cf= 1.8325 (force coefficient from figure 6 -20) s /h= 4/8 =0.5 B /s= 6.5/(12x4) =0.135 AAnt =1.1 ft — Maximum Panel antenna Wind area (see attached specifications sheet); - Maximum wind load on an antenna FA„t= 20.16 x 0.85 x 1.8325 x 1.1 = 35 lbs. Page 3 of 5 • ( J Ballast Weight for Non- Penetrating antenna roof frame F 35 lbs. Ballast v H =6' W Roof 1 W= (FA )x2/3.33= (35x6)x2/3.33= 127lbs The ballast tray of the proposed Non - Penetrating Antenna Roof Frame is 34.8" x 40" Number of blocks with dimensions of 7 5/8 "x 7 5/8" x 15 5/8" on ballast tray: 40 "/7.625 = 5 units on 1 row; there are 2 rows. Total 10 Units Each concrete block weights 27 Ibs; Total blocks required for stability: 127/27 =4.7 units --> 5 blocks Weight of 5 blocks: 27 x 5 = 135 Ibs Install 3 blocks on one tray, and 2 blocks on the second tray. Page 4 of 5 Roof Live Load: - Non - Penetrating antenna roof frames B3 -34x40 weight is including the 7.5 ft 2 1 /2" 0 antenna mount : 124 Ibs - (1) Panel antenna: 9 Ibs 133 Ibs Total Dead Load of antennas mounting frame, antennas and ballast is: 133 + 135 = 268 Ibs Most of roof in United States are designed for a minimum design live load of 20 psf. However, the regions with snow, roof are designed for 30 psf. The proposed Non - Penetrating antenna roof frames has a base area: - 34.8" x 40" (B3- 34x40) = 9.67 SQ.FT Therefore, live load per square foot from antennas installation is: r. 268/9.67 = 27.8 psf < 30 psf —> acceptable! Therefore, the existing roof is adequate for the proposed load. • 1 • Page 5 of 5 1 4 0 Mr' , 1...r. • .. .. Arill . ...........- 0 1.,.. '..A; . --..0fr 1 • iii ,..... :. 14 li ;.. • - -- . . . i . • t % 4 x. . , . . . ..—.-- , . . • 0 _ : . , 0 V 7 _______ _ . . . . . . . t . . . . . • - . - - • i . • . . . • , . , . , , . .. r ., - . , , ... . ,. , . . — - - - • .4. *. 41" 4- .‘a gillir * P ..' ;.; . . • i 1,, = .'.5 'dr' .... ...... .1 Milir : 1 ,., .- , . ._ • ,, , . .°' 7%). V 4. • iho ' . . . ,. ., . .. i Jo. s .,.., 40' -.., .e I wi• 'Pe • 4+ ,... , . : • . . 0. • ''', 4,,, ,... . / , 4 . • ro c C CC • • r • c c v ■ 44 ...40011111110 0 le t N , CD . —+, • 4. b- • I - , r .._...„..„.,,,, 3 „,„,... ..:_. 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