HomeMy WebLinkAboutLand Use Case.75 Prospector Rd.0035.2011.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0035.2011.ASLU
PARCEL ID NUMBER 2735 14 2 13 102
PROJECTS ADDRESS 75 PROSPECTOR ROAD
PLANNER DREW ALEXANDER
CASE DESCRIPTION TELECOMMUNICATIONS AT RITZ
REPRESENTATIVE GUNN KAYSER
DATE OF FINAL ACTION 6.24.11
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. A Land Use
0035.2011.ASLU
75 PROSPECTOR RD .103
ASPEN 0
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• EVISED APPLICATION FOR A WRELESS TELECOMMUNICATION S F, CILITV AT THE 434.1 a+
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3 ? 'ITZ- CARLTON ASPEN HIGHLANDS g e
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SUORIMPIS
!QUINN 110
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Riameted s. j NN NAVSER 3201010 I i � 01 er 9 .1 0� R(112 0�=
Last name IRLTON DEVELOPMENT CO I Feet name IQUINN NAVSER- COCHAN 1 J{9 BOOMERANG RD
Phone 1(720) 3204010 I ASPEN CO 81611
Address
Appkant
0 O.a is appinant? 0 Contractor is apricot,
Last mme !ASPEN HIGHLANDS - I Feet name 1 X 393 B 102 RD
Phone I ) - 'Cast t 116809 I l C ARBONDALE CO 81623
I Adders
Lender
Last name 1 . - First name)
Phone I( ) - 1 Address
Dm*: tta Pe!mit lender'. added I IAsPenGab5 (saver) 1 1 or 1
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
•
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: ti/lq
Aspen, CO
STATE OF COLORADO )
) ss.
County of Pitkin )
5 Vtr-6f1/A SCE ! (name, please print)
being or representint 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:
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 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.
5 �-
igna
The foregoing "Affidavit of Notice" was acknowledged before me this /3 day
of v Gv/l ¢ , 20/_1, by, eAc
PDBLI WITNESS MY HAND AND OFFICIAL SEAL
Da sa eD APPROVAL of the
Of
Notice is here give the general p �/
approval of a sa ap fie p y right development plan, and My commission expires:
the creation of a v t property Asp pursuant to
the Arta Use 8 of ra Cay of Aspen end Ti /
24, Article 88, oloratlo Revisetl Statutes ,
' •
pertain to t he following leggally tlescribetl 1
propeay: Subdivision: Aspen Highlands Condo PH , Yes ; e I
1, Common Area, CM of Aspen, Caunry of Pitkin • 6 _ �i ��� /�
Development order of the City of Aspen Com Notary Public
Developmem DlreMOr on June 3rd, 2011. Parcel Id
# 27 3544 -2 -13 -801 The Applicant received an
administrative approval for wireless telecommuni-
cation services and equipment. The approval
allows for the placement of fourteen cellular
antennas to be mounted to rooftop cupolas at
0039/75 Prospector Road. Associated equipment ATTACHMENTS:
will be stored inside the buildln and underground.
the Cit herinle m lanonconta u nirew Aleeander at
the City of Aspen Community Development COPY OF THE PUBLICATION
Department: 130 5. Galena St, Aspen, Colorado
(970)429 -2739.
a/ City of Aapen
Publish in the Aspen Times Weakly on June 12,
2011. 868182161
0
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
Aspen Highlands Condominium Association, 0075 Prospector Road, Aspen, CO 81611,
(970) 925-0000
Legal Description and Street Address of Subject Property
• Subdivision: Aspen Highlands Condo PH 1, Common Area, City of Aspen, County of Pitkin,
Colorado, commonly known as the Ritz - Carlton Club at 0039 and 0075 Prospector Road.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Approval grants the ability to place fourteen cellular antennas and associated equipment on the
subject property. The antennas will be mounted to the rooftop cupolas on 0039 Prospector Road.
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 June 03, 2011.
Effective Date of Development Order (Same as date of publication of notice of approval.)
June 12, 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.)
June 12, 2014
Is is 3r d fhi if June, 2011, by the City of Aspen Community Development Director.
Chris Ben. on, ommunity Development Director
.T.
NOTICE OF APPROVAL
WIRELESS TELECOMMUNICATION SERVICES FACILITIES AND
EQUIPMENT APPROVAL FOR CELLULAR ANTENNA PANELS TO BE
LOCATED ON THE ROOF OF 0039 AND 75 PROSPECTOR ROAD
Parcel ID No. 2735- 14 -2 -13 -802
APPLICANT: AT &T, represented by Quinn Kayser - Cochran of Western
Edge Consulting
SUBJECT & SITE OF APPROVAL: 0039 and 75 Prospector Road, 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 fourteen cellular antenna
panels to the various cupolas on the roof (See Exhibit A, Detailed Drawings). No single
cupola will support more than four of the antenna panels. The purpose of the equipment
is to increase AT &T capacity and coverage for Aspen -area residents. The individual
antennas will have the following measurements: 51" fl x 12" W x 6" D. The antennas
will be flush - mounted to the existing cupolas and painted to match the existing materials
and colors.
0039 and 75 Prospector Road consists of the Ritz- Carlton Club in the Aspen Highlands
Village Planned Unit Development (PUD). The structure is four stories tall and contains
a mix of lodge and timeshare lodge accommodations. The property is located in the Ski
Zone District. There are no other wireless telecommunication devices currently installed
on the rooftop.
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.
Page 1 of2
The painting of the antennas and flush - mounting to the cupolas exterior will significantly
reduce visual impact. The antennas are no higher than the cupola and do not require any
type of variance.
All support and/or switching devices are stored within a storage room that AT &T leases
at 0039 Prospector Rd. All other utilities will be tied to existing services and located
underground. No lighting or signage (other than the required telephone contact numbers)
is proposed through this plan. For Staffs response to the review criteria see "Exhibit D."
DECISION:
Staff fords that the Wireless telecommunication services and equipment application
for fourteen cellular antennas on the roof of 0039/75 Prospector Road, provided by
AT &T and represented by Quinn Keyser - Cochran, should be granted. The location
is appropriate for this type of accessory use, and it is compatible with surrounding
development.
APPROVED BY:
tof
Chris Bendon Date
Community Development Director
Attachments:
Exhibit A — Detailed Drawings
Exhibit B — Engineer's Report
Exhibit C — Visual Representations
Exhibit D — Review Criteria and Staff findings
Page 2of 2
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M.D. Miller P.E., P.T., Ltd
29156 Summk Ranch Dr.
Golden, Co 80401
P: 303.526.9207 F: 303.526.2706
April 4, 2011
Structural Evaluation — Level 1
Site: Aspen Highlands — COU4136
Site Address: 77 Prospect Rd., Aspen CO 81611
Description: Add max. (4) panel antennas to existing rooftop cupola.
Documentation:
The following documentation provided the basis of this evaluation:
• Existing condition photos
• Existing building drawings
Existing Construction:
The existing rooftop cupolas are approx. 7' -0" x 5' -7" in plan. They are constructed of panel siding on stud -wall
framing with timber framing extending above the wall to support the roof structure.
Design Loading:
90 mph wind speed, exposure C, roof snow load of 75 PSF and dead loads.
Existing Loading:
90 mph wind speed, exposure C, roof snow load of 75 PSF and dead loads.
Proposed Loading:
Max. (4) 5 1 "Hx12"Wx6 "D panel antennas, face mounted with lag screws into existing stud framing and corner
timber posts..
Evaluation Statement:
The existing cupola framing will support the proposed wind loading of approx. 470 lbs. & the dead load of each
antenna and hardware of approx. 80 lbs.
Thank You,
re . - t►
Marvin D. Miller, PE -
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PROPOSED CONDITIONS - AT &T PANEL ANTENNAS
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Exhibit D
Wireless telecommunication services and equipment
0039/75 Prospector Rd
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 antennas at 0039/75 Prospector Road will be at the minimum
height necessary for reasonable operations. The antennas are flush mounted on
existing cupolas and painted to match existing materials and color schemes. The
height of the equipment does not exceed the provisions of the Aspen Highlands
Village Planned Unit Development. Staff fords 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 proposed facility is greater than 100 feet from the nearest
building with communication equipment. The nearest equipment is located at 133
Prospector Rd and is approximately 200 feet from this proposal. Staff finds this
criterion met.
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 finds 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: The Aspen Highlands Village height restrictions are not exceeded.
Staff fmds this criterion met.
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: AT &T will be housing all radio equipment, combiners, and other
necessary components associated with the project in an interior storage space in 0039
Prospector Road. 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: 0039 Prospector has a rooftop consisting of pitches and architectural
elements such as chimneys and cupolas. The applicant has proposed to flush -mount
the antennas to the cupolas on the rooftop and paint them to match existing materials
and color scheme. Staff has reviewed this plan and finds that it meets or exceeds the
existing quality of architecture. Staff finds 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 antennas the same
color as the cupolas that they will be attached to. Staff fords 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: The antennas will be flush- mounted to the cupolas near the corners.
No more than four antennas will be on any single cupola. This minimizes the
visibility of the equipment and its impact on surrounding properties. Staff finds this
criterion met.
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: AT &T leases a storage room at 0039 Prospector. All accessory
equipment will be stored in this space. Utility lines will be underground and tied to
existing services. 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.
However, impacts on views at Aspen Highlands Village are minimal. Staff fmds 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 fords 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
building's and/or surrounding environment's design, color, materials, texture, land forms
and/or topography, as appropriate or applicable. In addition:
a. Whenever possible, if monopoles are necessary for the support of antennas, they shall
be located near existing utility poles, trees or other similar objects; consist of colors
and materials that best blend with their background; and, have no individual antennas
or climbing spikes on the pole other than those approved by the appropriate decision -
making authority (Community Development Director, Historic Preservation
Commission, Planning and Zoning Commission or City Council, as applicable).
Staff response: Not applicable.
b. For ground - mounted facilities, landscaping may be required to achieve a total
screening effect at the base of such facilities or equipment in order to screen the
mechanical characteristics; a heavy emphasis on coniferous plants for year -round
screening may be required. Landscaping shall be of a type and variety capable of
growing within one (1) year to a landscape screen which satisfactorily obscures the
visibility of the facility.
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 screened
from view and/or contained in the AT &T storage room at 0039 Prospector Rd. Staff
finds 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 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 antenna placement plan does not require any
additional materials, landscaping, or screening. By painting the antenna to match the
building and keeping them flush- mounted to the cupolas, 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 fords 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 finds this criterion met.
"ON
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 for emergency
and maintenance purposes. Staff finds 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, however if required, AT &T has committed to
abiding by this provision.
c
1
THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: May 13, 2011
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0035.2011.ASLU —75 Prospector Road. The planner
assigned to this case is Drew Alexander.
❑ Your 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:
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.
Y our Land Use Application is complete:
f there are not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429 -2759 if you have any
questions.
Th.. You, n
- ifer • e „ , Deputy Director
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP_
Yes_ No 7 Subdivision (creating more than 1 additional lot)_
GMQS Allotments Residential Affordable Housing
Yes_ No Tc Commercial E.P.F.
Western Edge Consulting
a Site Dynamics, Inc., Affiliate
Real Estate Development Solutions
L,`;1 16 20'1
da3 May 2, 2011
CI Y OF A >; PE
COMMUNITY DEVELOPMENT
Amy Guthrie
City of Aspen Planning
130 S. Galena Street
Aspen, CO 81611
RE: Revised Application for a Wireless Telecommunications Facility at the Ritz -
Carlton Aspen Highlands, 75 Prospector Road /0039 Boomerang Road, Aspen,
CO 81611; AT&T Site COU4136 Aspen Highlands
Dear Ms. Guthrie:
Please find attached revised materials for an application to construct and
operate a Wireless Telecommunications Facility at the Ritz - Carlton Aspen
Highlands, 75 Prospector Road /0039 Boomerang Road, Aspen, CO 81611
Per our pre - application conference in late 2010, all materials listed on the
City's checklist are provided herein.
If you have any questions or require any additional information to complete
your review, please give me a call at 720 - 320 -1010. Thank you for your
assistance in this process.
C ordially,
Quinn Kayser- Cochran
Principal,
Western Edge Consulting
2020 W. Crystal Peak
Highlands Ranch, CO 80129
720.320.1010 mobile
303.683.3853 fax
quinn@sitedynamicsinc.com e-mail
RECEIVED
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTirk D r4'
Azreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN ( hereinafter CITY) and 7..171
J cfi24 FOIL ATflT Mo3 II IT`,'
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for 00/ E Yi S Pt ^�
l E- t- f-S S 11,)-I xi S 2 - a-A-P I O C LOG1Y7iz r)
(hereinafter, THE PROJECT). H r G q iJS 2' r z 4 O N
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
basis.
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly
NT agrees he
APPLICANT agrees additional costs may accrue following their hearings and/or approvals.
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 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
osit in the
full fees prior to a determination of application completene APPLICANT
Community shall pay an init
t l d epd if a
amount of $ which is for hours
recorded d costs exceed the initial deposit, APPLICANT shall pay additional�m Pty billings to CITY to reimburse
the CITY for the processing of the application mentioned above, includin g t approval review at a rate of $245.00
ate.
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days he billing
and
A further agrees that failure to pay such accrued costs shall be grounds for suspension of processing,
in no case will building permits be issued until all costs associated with case processing have been paid.
APPLICANT
CITY OF ASPEN
By:
Chris Bendon
Community Development Director
Date:
Billing Address and Telephone Number: 3r7 v re 3t�U S S� �✓ s✓
C ��T��r/it- co Rol
3o7 33z - 2 r 2
an4 2A %Jnv i„t A1Z- e �
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Amy Guthrie, 970.429.2758 DATE: 12.21.10
PROJECT: Wireless Broadband Antennae at the Ritz Carlton, Aspen Highlands
REPRESENTATIVE: Quinn Kayser - Cochran, 720.320.1010
OWNER: Ritz Carlton Development Company
TYPE OF APPLICATION: Wireless Telecommunications Services Facilities and Equipment
DESCRIPTION:
The applicant, plans to submit an application for Wireless Telecommunication � multiple Equi II be
ent
for the rooftop at the Ritz Carlton, 77 Prospector Road. The proposed plan
hung from existing rooftop cupolas.
Wireless telecommunications applications are an administrative review. No public notice is required. The
application must include authorization to apply from all owners of the building or their representatives.
Below is a link to the Land Use application Form for your convenience.
Below is a link the Land Use Code for your convenience
Land Use Code Sections)
26.304 Common Development Review Procedures
26.575.130 Important sections to meet: 26.575.130 D - ties and equipment
F
Review by: Community Development Staff for complete application
Public Hearing: Not required
Planning Fees: Administrative Review:
$735 for hours of time. Additional staff hours, iif
three (3) (3) staff will be billed
t
at $245 per hour.
Total Deposit (P&Z): $735
Total Number of Application Copies: 2
To apply, submit the following information
I Total Deposit for review of application.
Pre- application Conference Summary.
I -1 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.
If 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 attomey 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 agr ee me is affecting i the parcel, and
demonstrating the owner's right to apply for the
A site plan depicting the proposed layout and the project's physical relationship to the land and
its surroundings.
®Completed Land Use application and signed fee agreement.
FA An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
to 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).
L 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 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, subject to
not change in
alegu or future, and dd ponfactual representations that may or may not
be
D. Application. An application for approval of new, modified or additional wireless telecommunication
services facilities and/or equipment shall comply with the submittal requirements applicable to
conditional use reviews pursuant to Chapter 26.304, Common development review procedures and
Chapter 26.425, Conditional uses of the Aspen Municipal Code.
1. — 4. — Please see attached site -plans and photo simulations for evidence of compliance with these
criteria.
5. Lighting plan
N/A — No exterior lighting is proposed.
6. Structural integrity report:
Please see attached.
7. FAA and FCC coordination.
a. N/A — site is located up Maroon Creek Valley, situated on an existing structure that
complies with applicable height limits, and is oblique to any regular or emergency glide
paths or approaches to Sardy Field
b. The proposed facility will operate well below ( >1.5 %) of FCC limits for direct or
cumulative MPE (maximum permissible exposure), radio frequency, and electromagnetic
frequency emissions. Further, applicant's broadcasts are limited to an FCC - licensed
portion of the RF (radio frequency) spectrum, and applicant is accordingly obligated to a)
prevent cross - channel interference with other FCC - licensed, first -in -time RF users, and b)
operate below power levels deemed safe for the public. Operational power levels are
considered proprietary information, through applicant can, if required, prepare a verbal
report for city staff and officials confirming compliance with all applicable standards.
8. Evidence that an effort was made to locate on an existing wireless telecommunication services facility
site. N/A — no such facility exists in the area proposed to be served by this installation.
9. Written documentation in the form of a signed affidavit demonstrating a good faith effort in locating
facilities in accordance with site selection order of preference outlined below. N/A — See E. 2. below. Site
has been located in accordance with the City's site selection order of preference; no request is being
made to consider this proposal under secondary criteria or allowed in a less- favorable location
based on extenuating circumstances.
10. AT &T's long - term deployment plan — At a pre - application conference, applicant discussed how
this site address a crucial expansion of coverage within the Maroon Creek Valley. Currently this
area is served by signals boosted from AT &T's primary transceiver in downtown Aspen. Increased
data consumption has rendered this arrangement untenable, and permitting the installation of this
facility will enable AT &T to significantly improve capacity and coverage for Aspen -area residents
and visitors.
E. General provisions and requirements. The following provisions apply to all wireless
telecommunication services facilities and equipment applications, sites and uses.
ti
1. Prohibitions. N/A - No tower is proposed as part of this application.
2. Site selection. Wireless communication facilities shall be located in the following order of preference:
• First: "On existing structures .. " AT &T's proposed facility meets this criteria
• Second: N/A
• Least: N/A
3. Interference. See Section 15.04.470, Radio Interference Prohibited, of this Code. AT &T affirms that
it can and will abide by the provisions outlined in Section 15.04.470. Applicant's broadcasts are
limited to an FCC - licensed portion of the RF (radio frequency) spectrum, and applicant is
accordingly obligated to prevent cross - channel interference with other FCC - licensed, first -in -time
RF users.
4. Airports and flight paths. N/A — AT &T's proposed facility is located on an existing structure and
does not exceed said structure's overall height.
5. Historic sites and structures. N/A — AT &T's proposed facility not located on an historic site or
structure.
6. Public buildings. N/A — AT &T's proposed facility not located on a public building.
7. Co location. "Co location can be achieved as either building mounted ... facilities." — AT &T's
proposed facility meets this criteria. Nothing in AT &T's lease with the underlying property owner
precludes any other carrier from pursuing its own agreement to locate equipment at this site.
8. Maintenance. All towers, antennas, related facilities and equipment and subject sites shall be
maintained in a safe and clean manner in accordance with project approvals and building codes. — AT &T
affirms that it can and will abide by this provision. Regular maintenance is scheduled one x/month,
though AT &T will perform ad hoc maintenance as conditionally required.
9. Abandonment and removal. AT &T affirms that it can and will abide by this provision.
10. Conditions and limitations. "The City shall reserve the right to add, modify or delete conditions after
... approval" — AT &T affirms that it can and will abide by this provision.
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. N/A — Site currently meets setbacks, and AT &T does not propose any incursion into or
extension thereof.
a. All facilities shall be located at least fifty (50) feet from any property lines ... — AT &T believes its
design complies fully with these criteria. Pitched - roof - mounted facilities shall always be concealed
within a compatible architectural element, such as chimneys or ventilation pipes. — Based on location
and scale, AT &T is proposing to flush -mount its antennas to existing chimneys on the Ritz- Carlton
Hotel; expanding either the number of chimneys (i.e., building fake chimneys solely for the purpose
of concealing antennas inside) or expanding the size of the existing chimneys (i.e., cladding the
existing chimneys for the purpose of concealing antennas inside) would be architecturally and
aesthetically incompatible with the hotel's carefully planned exterior. Elevating the antennas above
normal sight -lines throughout Aspen Highlands Village accomplishes this objective without
significantly altering the resort property's overall appearance.
b. Monopole towers — N/A
c. No wireless communication facility may be established within one- hundred (100) feet of any existing,
legally established wireless communication facility — N/A
d. No portion of any antenna array shall extend beyond the property lines ... — N/A
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. Site currently conforms to height limitations, and AT &T does not
propose any incursion into or extension thereof.
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. AT &T does not propose to exceed
the existing heights of those chimneys and cupolas to which it plans to attach antennas.
c. The Community Development Director may approve a taller antenna height ... — N/A
d. If the Community Development Director determines that an antenna taller than stipulated in b. above
cannot be suitably camouflaged — N/A
e. Support and/or switching equipment shall be located inside the building ... — AT &T's design complies
fully with this criterion.
3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services
facilities shall be consistent with the architectural style of the surrounding architectural environment —
AT&T believes its design is fully architecturally compatible with its architectural surroundings,
both in terms of location/scale and stealthing techniques employed. Please see attached plans and
photo-simulations for evidence of this fact.
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. — AT &T proposes to paint its
antennas to match those surfaces to which they are attached. Casual observation from most
vantages will not disclose or attract attention to the antennas' presence.
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 — AT &T proposes to paint its antennas to match
those surfaces to which they are attached.
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. AT &T believes its design is fully compatible
with these criteria: a) all proposed locations will enable the antennas to be elevated and /or
concealed from casual observation; b) all antennas will be flush mounted as close as technically
possible; and c) none of the antennas project above the elements to which they are attached. Please
see attached plans and photo-simulations for evidence of this fact.
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 N/A — All radio equipment, combiners, etc., associated with project will be located
within an interior storage space.
e. All utilities associated with wireless communication facilities or equipment shall be underground (also
see "Screening" below). — AT &T's design complies fully with this criterion.
4. Compatibility with the natural environment. — Located on an existing structure, AT &T's design
complies fully with this criterion.
In addition:
a. If a location at or near a mountain ridge line is selected ... — N/A
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. — N /A: no earthwork is proposed as part of this project.
c. Surrounding view planes shall be preserved to the extent possible. — AT &T's believes its proposed
design complies fully with this criterion.
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. — AT &T's believes its proposed design complies fully with this criterion.
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 ... — AT &T's believes its proposed design complies fully with this
criterion; applicant proposes to paint the antennas to match those surfaces to which they are
attached. Casual observation from most vantages will not disclose or attract attention to the
antennas' presence.
In addition:
a. Whenever possible, if monopoles are necessary ... — N/A
b. For ground- mounted facilities ... — N/A
c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view
underground or inside of the screening — AT &T's believes its proposed design complies fully with this
criterion.
d. Chain link — N /A; No fencing is proposed as part of this application.
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 ... The plan
should accomplish the same degree of screening achieved by meeting the standards outlined above. —
AT&T's believes its proposed design complies fully with this criterion; Per Items 3. and 5. above,
AT &T proposes to mitigate visual impacts by flush- mounting the antennas as close as technically
feasible and painting them to match those surfaces to which they are attached. Casual observation
from most vantages will not disclose or attract attention to the antennas' presence.
6. Lighting and signage. a), b), and c) — N/A
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. — AT &T affirms that it can
and will abide by this provision.
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 — N /A; proposed antennas are roof - mounted and all associated
electronics are located entirely indoors
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. — Site will be fully accessible to emergency and/or other authorized personnel via
existing roads, driveways, entrances, corridors, etc.
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) — AT &T affirms that it can and will abide by this provision.
- End -
•
1 i
THE R1T2-CARLTON CLUB
ASPEN HIoHV+NDS
May 3, 2011
Amy Guthrie
City of Aspen Planning
130 S. Galena Street
Aspen, CO 81611
RE: LETTER OF AUTHORIZATION
Proposed Commercial Mobile Radio Service installation at the Ritz - Carlton Aspen Highlands, 75
Prospector Road /0039 Boomerang Road, Aspen, CO 81611
AT &T Site COU4136 Aspen Highlands
Dear Ms. G uthrie:
I am authorized to sign documents on behalf of the Aspen Highlands Condominium Association, Inc.,
which owns the rooftop and common areas at 75 Prospector Road, Aspen, CO 81611.
Please accept this letter as authorization for Quinn Kayser- Cochran — 2020 W. Crystal Peak, Highlands
Ranch, CO 80129, (720) 320 -1010 — representing AT &T Mobility to apply to the City of Aspen for any and
all zoning and building permits or municipal approvals necessary for the construction and operation of
the CMRS installation at the address referenced above.
If you have any further questions or require any additional information, please contact me at 970 -429-
2288
Frank Mouffe p
Director of Fin . nc
Aspen Highlands Condominium Association
Aspen, CO 81611
r
tea
x %
0075 PROSPECTOR ROAD, ASPEN, COLORADO 81611 • (970) 92543000 • FAX (970) 429 -2345
Land Title Guarantee
Date: 09 -20 -2010 Ora Order N106e1- ACT62003623
Property Address:
75 PROSPECTOR ROAD, ASPEN. CO (SITE NUMBER COU4136/ FA 310148150) ASPEN CO 81611
BLACK & VEATCH CORPORATION LAND TITLE GUARANTEE COMPANY
6300 S SYRACUSE WAY 3033 E 1ST AVE 7600
SEINE 300 PO BOX 5440
CENTENNIAL, CO 80111 DENVER. CO 80206
Ana: ETHAN GOODWIN Ant CHARLIE CARTWRIGHT
Mae: 303321-1880
C 720-834-4248
�i�' 1 Far: 303- 322 -7603 Copt: t
Lke: oodrrine De m
Linked C
ked ammltroeat eti DelNery LAtafl: >@agctam
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eB amdOmM Delivery
LAND TITLE GUARANTEE COMPANY
3033E 1ST AVE 7600
PO BOX 5440
DENVER, CO 80206
Alln: LINDA STAFFORD
Phone: 303- 321 -1880
Fax. 303- 322 -7603
EMaO: kbford@ltgc.mm
If you have arty inquiries or refire further assistance. contact — Commrisial TI11e - Hata Stafford
Phone: 303 -850 -4180 Far 303 -393 -4824
roan ECLIVIERr. t.P
I LTG Policy No. LTAQ62003623
Form PIB /ORT
CELL TOWER INFORMATION BINDER
Our Order No. ACT62003623 Liability:
Fee: S750.00
Subject to the eadusions from coverage, the limits of liability and other provisions of the Conditions
and Stipulations hereto annexed and made a part of this Binder,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
a Corporation, herein called the Company,
GUARANTEES
BLACK & VEATCH CORPORATION
herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured
shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,
according to the public records as of September 14, 2010 at 5:00 P.M.
1. Title to said estate or interest at the date hereof is vested in:
ASPEN HIGHLANDS CONDOMINIUM ASSOCIATION, INC.
2. The estate or interest in the land hereinafter described or referred to covered by this Binder is:
A Fee Simple
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Form PIBIORT
I LTG Policy No. LTAQ62003623
Our Order No. ACT62003623
3. The land referred to in this Binder is situated in the State of Colorado, County of PITKIN
described as follows:
COMMON AREA, ASPEN HIGHLANDS CONDOMINIUMS, PHASE I, ACCORDING TO THE CONDOMINIUM
MAP RECORDED JANUARY 11, 2001 IN PLAT BOOK 56 AT PAGE 24 AND FURTHER DEFINED
AND DESCRIBED IN CONDOMINIUM DECLARATION RECORDED JANUARY 11, 2001 UNDER
RECEPTION NO. 450454.
COUNTY OF PITKIN, STATE OF COLORADO.
4. The following documents affect the land:
1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 18, 1892 IN BOOK 55
AT PAGE 20, AND RECORDED APRIL 07, 1903 IN BOOK 55 AT PAGE 507.
2. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 25, 1957
IN BOOK 181 AT PAGE 506.
3. EASEMENTS AND RIGHTS OF WAY FOR WATER PIPELINE PURPOSES AS SET FORTH IN
INSTRUMENTS RECORDED JUNE 10, 1960 IN BOOK 191 AT PAGE 15, AND RECORDED
SEPTEMBER 18, 1961 IN BOOK 195 AT PAGE 231.
4. TERMS, CONDTPIONS AND PROVISIONS OF RESOLUTION NO. 97 -167 RECORDED
SEPTEMBER 30, 1998 AT RECEPTION NO. 422629, AND RESOLUTION NO. 39 (SERIES
OF 1998) RECORDED OCTOBER 05, 1998 UNDER RECEPTION NO. 422779, AND
RESOLUTION NO. 98-79 RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO.
423268.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LTG Policy No. LTAQ62003623
Form PIB /ORT
Our Order No. ACT62003623
4. The following documents affect the land: (continued)
5. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 28, 1981 IN
BOOK 407 AT PAGE 648, AND ASSIGNMENTS THEREOF RECORDED DECEMBER 13, 1993
IN BOOK 734 AT PAGE 685, AND RECORDED DECEMBER 13, 1993 IN BOOK 734 AT
PAGE 848.
6. TERMS, CONDITIONS AND PROVISIONS OF ORDER OF INCLUSION IN ASPEN
CONSOLIDATED SANITATION DISTRICT RECORDED DECEMBER 09, 1997, UNDER
RECEPTION NO. 411462.
7. TERMS, CONDITIONS AND PROVISIONS OF SPECIAL COVENANTS, CONDITIONS AND
RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED
UPON RACE, COLOR, RELIGION. SEX, SEXUAL ORIENTATION, FAMILIAL STATUS,
MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE
OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION 15 PERMITTED BY APPLICABLE LAW,
RECORDED OCTOBER 27, 1997, UNDER RECEPTION NO. 409939.
8. EASEMENTS AND RIGHTS OF WAY FOR SNOW MAKING LINE, JONES DRAWOFF PIPE,
TELEPHONE LINES, AND CABLE TV LINES AS CONSTRUCTED AND IN PLACE AS SET
FORTH ON THE SURVEY OF A PORTION OF SUBJECT PROPERTY PREPARED BY SCHMUESER
GORDON MEYER INC., DATED SEPTEMBER 21, 1997.
9. EASEMENTS, RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS
CONTAINED IN EASEMENT AGREEMENT (BLOCK D), RECORDED OCTOBER 15, 1998,
UNDER RECEPTION NO. 423258.
10. EASEMENT, RIGHTS OF WAY, TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS
CONTAINED IN SKI EASEMENT AGREEMENT RECORDED OCTOBER 15, 1998, UNDER
RECEPTION NO. 423259.
11. TERMS, CONDITIONS AND PROVISIONS OF RAW WATER AGREEMENT, IRRIGATION,
RECORDED OCTOBER 05, 1998 AT RECEPTION NO. 422780.
12. TERMS, CONDITIONS AND PROVISIONS OF WATER SERVICE AGREEMENT RECORDED
OCTOBER 05, 1998 AT RECEPTION NO. 422782, AND FIRST ADDENDUM THERETO
RECORDED OCTOBER 05, 1998, UNDER RECEPTION NO. 422783.
13. TERMS, CONDMONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED
OCTOBER 15, 1998, UNDER RECEPTION NO. 423271.
c
LTG Policy No. LTAQ62003623
Form PIB /ORT
Our Order No. ACT62003623
4. The following documents affect the land: (continued)
14. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL
STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF
INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE
EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW,
AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO.
423272.
15. TERMS, CONDITIONS AND PROVISIONS OF PLANNED UNIT DEVELOPMENT GUIDE RECORDED
OCTOBER 15, 1998 AT RECEPTION NO. 423274, AND RESOLUTION 98-254 RECORDED
AUGUST 25, 1999 AS RECEPTION NO. 434844.
16. TERMS, CONDITIONS AND PROVISIONS OF PRECONNECTION AGREEMENT RECORDED
OCTOBER 15, 1998 AT RECEPTION NO. 423276.
17. TERMS, CONDITIONS AND PROVISIONS OF COLLECTION SYSTEMS AGREEMENT RECORDED
OCTOBER 15, 1998 AT RECEPTION NO. 423277.
18. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND RESTRICTIONS AS CONTAINED IN
THE DETAILED SUBMISSION PLAN RECORDED OCTOBER 15, 1998, UNDER RECEPTION
NO. 423269, AND AS SET FORTH ON THE DETAILED SUBMISSION PLAN MAPS RECORDED
OCTOBER 15, 1998 IN PLAT BOOK 46 AT PAGE 44.
19. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF
ASPEN HIGHLANDS VILLAGE PUD, RECORDED OCTOBER 15, 1998 IN PLAT BOOK 47 AT
PAGE 1, AND AS SHOWN ON THE SUPPLEMENTAL PLAT RECORDED SEPTEMBER 28, 1999
IN PLAT BOOK 51 AT PAGE 41, AS RECEPTION NO. 436003.
20. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN CONCERNING
PARKING FACILITIES AS EVIDENCED BY MEMORANDUM OF AGREEMENT RECORDED
OCTOBER 15, 1998, UNDER RECEPTION NO. 423279.
21. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS
SET FORTH IN INSTRUMENTS RECORDED OCTOBER 15, 1998, UNDER RECEPTION NO.
423281.
22. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF CITY OF
C
1 LTG Policy No. LTAQ62003623
Form PIB /ORT Our Order No. ACT62003623
4. The following documents affect the land: (continued)
ASPEN, EASEMENT AGREEMENT (MAROON CREEK PIPELINE) RECORDED OCTOBER 15,
1998 AS RECEPTION NO. 423282.
23. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT
RECORDED JANUARY 11, 1999 AT RECEPTION NO. 426421.
24. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99 -127 RECORDED AUGUST
12, 1999 AT RECEPTION NO. 434364, AND RERECORDED AUGUST 30, 1999 AS
RECEPTION NO. 435034.
25. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF SUCCESSOR
DESIGNATION RECORDED SEPTEMBER 30, 1999 AS RECEPTION NO. 436130.
26. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE #8
(SERIES OF 2000), RECORDED MAY 01, 2000 AS RECEPTION NO. 442835.
27. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ANY AND ALL OTHER
MATTERS AS SHOWN ON THE ASPEN HIGHLANDS VILLAGE P.U.D. ANNEXATION NO. 1
PLAT RECORDED MAY 01, 2000 IN PLAT BOOK 53 AT PAGE 12.
28. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF MEMORANDUM,
REGARDING HIGH SCHOOL LIFT TOWERS, RECORDED AUGUST 30, 2000 AS RECEPTION
NO. 446537.
29. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF GRANT OF
EASEMENT RECORDED NOVEMBER 20, 2000 AS RECEPTION NO. 448998.
30. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF ORDINANCE
#35, SERIES OF 2000 RECORDED NOVEMBER 28, 2000 AS RECEPTION NO. 449206.
31. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE
#36, SERIES OF 2000 RECORDED NOVEMBER 28, 2000 AS RECEPTION NO. 449207.
32. AND ASSUMPTION EASEMENT AGREEMENT RE DECEMBER OBLIGATIONS 0
, 2000 AS RECEPTION
NO. 449654.
..1
( LTG Policy No. LTAQ62003623
Form PIB /ORT I
Our Order No. ACT62003623
4. The following documents affect the land: (continued)
33. ANY AND ALL EASEMENTS, RIGHTS OF WAY. PLAT NOTES AND ALL OTHER MATTERS AS
SHOWN ON THE PLAT OF ASPEN HIGHLANDS CONDOMINIUMS, A COLORADO COMMON
INTEREST CONDOMINIUM, ACCORDING TO THE PLAT RECORDED JANUARY 11, 2001 IN
PLAT BOOK 56 AT PAGE 24, AS RECEPTION NO. 450455 AND FIRST AMENDMENT
RECORDED JANUARY 27 2005 IN PLAT BOOK 72 AT PAGE 6.
34. TERMS, AGREEMENTS, PROVISIONS, RESTRICTIONS, CONDITIONS AND OBLIGATIONS AS
SHOWN IN THE DECLARATION OF CONDOMINIUM FOR ASPEN HIGHLANDS CONDOMINIUMS,
ASPEN HIGHLANDS VILLAGE, CITY OF ASPEN, BUT OMITTING ANY COVENANTS OR
RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL
ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE
STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW, RECORDED JANUARY 11, 2001 AS
RECEPTION NO. 450454, AND AS AMENDED IN INSTRUMENT RECORDED JULY 02, 2001,
UNDER RECEPTION NO. 456026, AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER
09, 2001, UNDER RECEPTION NO. 459556. AND AS AMENDED IN INSTRUMENT
RECORDED JANUARY 27. 2005, UNDER RECEPTION NO. 506406 AND FIRST
SUPPLEMENT RECORDED JUNE 11, 2002 UNDER RECEPTION NO. 468555.
35. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF CENTRAL PLANT
AGREEMENT RECORDED JANUARY 17, 2001 AS RECEPTION NO. 450594.
36. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF OCCUPANCY AND
RENTAL/RESALE DEED RESTRICTION AND AGREEMENT FOR ASPEN HIGHLANDS VILLAGE
AFFORDABLE HOUSING RECORDED JANUARY 12, 2001 AS RECEPTION NO. 450494.
37. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF ACCEPTANCE RECORDED
FEBRUARY 01, 2001 AT RECEPTION NO. 451133.
38. 11, TERMS, 2002 AT RECEPTION AND
468556 I AND RECORDED JUNE 2002 RECORD
ION JUNE
NO. 468557.
39. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED JUNE 11, 2002 AT
RECEPTION NO. 468562.
NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR
REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT.
f
LTG Policy No. LTAQ62003623
Form PIB /ORT Our Order No. ACT62003623
4. The following documents affect the land: (continued)
NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL
INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE
NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24 -65.5 -103.
r^
•
Cell Tower Information Binder
CONDITIONS AND STIPULATIONS
1. Detinition of Terms
The following terms when used in this Binder mem:
(a) "land ": The land described, specifically or by reference, in this Binder and improvements affixed thereto which by law constitute
real property;
(b) "Public Records ": those records which impart constructive notice of matters relating to said land;
(c) "Date": the effective date:
(d) "the Assured ": the party or parries named as the Assured in this Binder, or in a supplemental writing executed by the Company:
(e) "the Company" means Old Republic National Title Insurance Company, a Minnesota stock company.
2. Exclusions from Coverage of this Binder
The company assumes no liabiity including cost of defense by reason of the following: levies �� or assessments on
(a) Taxes or assessments which are records shown as existing liens by the retxr of any taxing authority ies not et assessed
real property or by the Public Records; taxes and assessments not yet due or payable and special Y
to the Treasurer's office.
(b) Unpatented mining claims: reservations or exceptions in patens or in Acts authorizing the issuance thereof; water rights, claims or
title to water.
(c) Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or waterways on which
such land abuts, or the right to maintain therein vaults, tunnels. ramps. or any other structure or improvement or
rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description.
(d) Mechanic's lien(s), judgment(s) or other lien(s). to b the Assured:
(e) Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed y
(b) not known to the Company, not recorded in the Public Records as of the Date, bat known to the Assured as of
the Date; or (c) attaching or creating subsequent to the Date.
3. Prosecution of Actions any other act which
(a) The Company say be necessary the right desirable to establish or confirm any herein assured; and theCompany may take any
a its opinion
pr i ate a may cessary
appropriate action under the terms of this Binder, whether or not it shall be sable thereunder and shall not thereby concede liability or
waive any provision hereof. og� the Assured shall peermit the Company
(b) In all cases where the Company does not institute and prosecnte any action or the Cam th 11 pr t the give the
to use, at its option, the name of the Assured for this purpose. Whenever req by Company,
Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for
any expense so incurred.
4. Notice of Loss - Limitation of Action
A statement in writing of any Toss or damage for which it is claimed the Company is iiabse under this Binder shall be
to t h e A s ur tde Company Binder nazi sixty lotthirts s ft such � loss statement shall shall have been furnished, and no recovery shall be had by the
Assured
to ta Assured unser ape Binder y b iration of the da nod.
Fa under famish this Binder unless loss shall a eo c
or to om thereon t e with two within after expiration thirty day period.
Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive
bar against maintenance by the Assured of any action under this Binder.
5. Option to Pay. Settle or Compromise Claims
The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage of this Binder, or to pay the full amount off o Binde r.Su d h r.
payment or tender of payment of the full amount of the Binder shall terminate all liability pant
CTIB.ORT Cover Page 1 of 2
6. Limitation of Liability - Payment of Loss
(a) of reliance upon the a ass r herein set fort , but be event shall the liabiity exceed the amour of f the liability
because
staled on the face page the Assured in litigation carried on by the Company for to Assured. and all costs
@) The all costs imposed Company will pay r°� u b°°
and attorney's fees in turfed on the Assured with the written Binder (1 ) i ibm Company the C after having (c) No claim for loss or damages shag be f
arise or be maintainable under s removs such etecl. lien r encumbrance notice
any alleged defect, lien or encumbrance not shown as an Exception or e( /)hareassumed by the Assured in settling any claim
within a reasonable time after receipt of such notice. or (2) for liability voluntarily
or suit without written consent of to Company.
(d) All payments under this Binder. except for attorney's fees as provided for in paragraph 6(b) thereof. shall reduce copy e
of the liability hereunder pro Mato, and no payment shall be made without producing this Binder or an acceptable
for endorsement of to payment unless the Binder be lost or destroyed' in which case proof of the loss or destruction shall be
furnished to the satisfaction of the Company. shall be payable
within When i li a bi yty as finitely fixed in accordance with the conditions of this Binder, to loss or damage pa
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the Company unaffected by
any act of to Assured, and it shall be subrogared to and be entitled to all rights and remedies which Assured cover base had
against any person or property in respect to the claim had this Binder not been issued. If the payment does payment bears to
of the Assured, the Company shall be subrogated to the rights and remedies in the proportion rights and re bears to against
the amount of said loss. The Assured, if requested by to Company. shall transfer to the Company use to e dies ag to Assured
any person or proprty necesary a order to perfect the right of subrogation. and shall permit the Company
in any transaction or litigation involving the rights or remedies.
8. Binder Entire Contract
Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter
hereof endorsed be bas
orsed o rd oo r attached here to provisions signed b this President, a vision °��t condition t�Binder Assistant Se elary or other except by a
writing end o to y
validating officer of the Company -
9. Notices. Where Sent
Allt notis it required ed to Second given the Company i id any statement �n 55401, writing h required be 1 �shed to Company shall be
addressed
10. Arbitration
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to to Title
Insurance Arbitration Rules of the American Arbitration Association.
I ss u ed TITLE GUARANTEE A RANTEE Attie o C : O • ''''''. p, 1 /I I'
53 3Q38504180 E A CIAPAWY iP * a : _ ' T I! (1J a '
533 E BOPNINS 3102 ♦ * /-�
ASPEASPEN, C08161 `� * ?_
/ m Z L • m
r :a ' A N + a �
PIB.ORT Cover Page 2 of 2
.-
ii,
Aspen Highlands Village RECEIVED
Parking and Loading Dock Association MAY r 20/1 711 East Valley Road, Suite 103 I T Gr � OEy ' • a P �N
Basalt, CO 81621
E LOF1�ENT
Tel (970) 273 -3100 Fax (970) 797 -1851
M
Amy Guthrie May 8, 2011
City of Aspen Planning
130 S. Galena Street
Aspen, CO 81611
RE: LETTER OF AUTHORIZATION for the Proposed Commercial Mobile Radio Service
installation at the Ritz- Carlton Aspen Highlands, 77 Prospector Road/0039 Boomerang Road,
Aspen, CO 81611, AT &T Site COU4136 Aspen Highlands
Dear Ms. Guthrie:
I have been authorized by the Board of Directors of the Aspen Highlands Village Parking &
Loading Dock Association to sign documents on behalf of the Board and the Association. The
Association owns property at 0039 Boomerang Road, Aspen, CO 81611, which is the subject of
a potential lease to occupy space as an AT &T mobile site.
Please accept this letter as authorization for Quinn Kayser - Cochran — 2020 W. Crystal Peak,
Highlands Ranch, CO 80129, (720) 320 -1010 — representing AT &T Mobility, to apply to the
City of Aspen for any and all zoning and building permits or municipal approvals necessary for
the construction and operation of the CMRS installation at the address referenced above.
If you have any further questions or require any additional information, please contact me at 970-
925 -3475 or 273 -3100 (Basalt).
Cordially,
By `ea
?!!each
Aspen Highlands Village Parking and Loading Dock Association
0133 Prospector Road, Suite 4102h
Aspen, CO 81611
PldsUtr authorization AT &T 5 -8 -11 doe