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HomeMy WebLinkAboutLand Use Case.HP.205 S Mill St.HPC028-99 r-', .~ PARC~t ~1?:'12:":S:' .C"73-38~04 '..'. OA:r1i Rc;iiD: l.lG 5 ;9 m#cOpiES:r-'-CASE"Noll :PC;02i.\ ,,~ PLNR:} .' , C'SENAME' Ex.t.~,"," .,-\ "he- 'rFCI~',II. ..,......,:......,..-'" 1'\ .' '. '" 11'.$1'" ........ ,',1:\.... ~.....! .,..... ...c"," ... ,P,RQJ A~~,R:'2-:5 SO~!t.. r.~11I St CASE Typ:tr.1Ino~ "i:-:C STEPS~ :O~/APP; .t\nTou:" Cc.lluli1~ G.l R~'P: Gar)' i'I' .JcmHS FEES.DUE11?5 PF .REFERRA~sl ADA., !~':.:l:! S ::;111"110" S~~~:: .CJS/Z: E:!9 (;.....c::':: CO 8:'1 ~ :C/SIZ: FEES RCVD1' 25 PHN: 3-:3 :~oi!-'J2G~1 PHN 3:'3 :'fi4-621:~~ - : AOR: STAT: r' , MTG DATE 'REF~ BVj REV B.ODY' PH' NOTICED" Erl It-F DUE:l PLAT IBK,PG.lil DATE OF F1NA'LACTr CITV COUNCIL: . , PZ: BOA:l : DRAC: ADMIN: , . REMARKSl CLOSED:I , P'LA T SUBMITD: BY;! .. . , 1""""-1 ~ ~ ~ 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 shall expire on the day after the third anniversary of the effective date of the Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption from expiration, extension or reinstatement is granted or a revocation is issued by the City Council pursuant to Section 26.308.0 I O. This Development Order is associated with the property noted below for the site specific development plan as described below. Airtouch Cellular, 7028 S. Clinton St., Englewood, CO 80112 Property Owner's Name, Mailing Address and teleI1hone number 205 South Mill Street, Aspen, CO 81611 Legal Description and Street Address of Subject Property Minor HPC Written Description of the Site Specific Plan and/or Attachment Describing Plan HPC Resolutions 46-99, 10/13/99 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) December 3,1999 Effective Date of Development Order (Same as date of publication of notice of approval.) December 4,2002 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) , Issued this 3rd day of December, 1999, by the City of Aspen Community Deve ment Director. Woods, Community Development Director G.Planning.Aspen.fonns.DevOrder ~ ,-, .,..-, . "^ .'\ PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 205 South Mill Street of the City and Townsite of Aspen, by Resolutions No. 46, Series of 1999 of the Aspen Historic Preservation Commission. For further infonnation contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept., 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/Kathryn S. Koch, City Clerk, City of Aspen Publish in The Aspen Times on December 3,1999. .~. ~.~). ~ MEMORANDUM TO: Aspen Historic Preservation Commission THRU: Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Planning Director FROM: Amy Guthrie, Historic Preservation Officer RE.: 205 S. Mill Street- Wireless Telecommunications DATE: October 13, 1999 ----------------------------------~------------ ----------------------------------------------------- SUMMARY: Airtouch Cellular currently has a cellular antenna facility on the roof of the building at 205 S. Mill Street, where Eddie Bauer is located. This application is to relocate one of the antennas and to add two new ones. The City has recently modified its regulations in regard to wireless communications. Because the antennas are in the Commercial Core Historic District, HPC reviews the application with standards specific to this kind of equipment. APPLICANT: Airtouch Cellular. LOCATION: 205 S. Mill Street, City and Townsite of Aspen. Section 26.575.130.F, Review Standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication serVices facilities and equipment. 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located. at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building). Flat- roof mounted facilities visible from ground level within one-hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe, or behind architectural skirting of the type generally used to conceal HV AC equipment. Pitched-roof mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. .-.... r~ b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole), and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole. c. No wireless communication facility may be established within one- hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. Response: There are no setback requirements in the Commercial Core zone district. The antennas are on private property and do not interfere with any other communication . facility. The HPC should discuss whether any screening of the antennas is necessary, as discussed further below. 2. Heif?ht. Wireless telecommunication services facilities and/or equipment shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given zone district, whichever is more restrictive. In addition: a, Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls, and the antenna and support system for whip antennas shall not exceed fifteen (15) feet above the highest portion of that roof, including parapet walls. b. If the building itself exceeds the height limitations of the zone, and such excess height was legally established (i.e., granted a variance, approved by PUD, etc.), then the combined height of the building and antenna shall not exceed the maximum height allowed by such approval unless determined by the Community Development Director to be suitably camouflaged. c. If the building is constructed at or above the zone district's height limit, or if combined height of the building and the antenna would exceed the applicable height limit, the additional height of the antenna must be reviewed pursuant to the process and standards (in addition to the standards of this Section) of conditional use review, Section 26.425.010, 2 ~ I""". , unless determined by the Community Development Director to be suitably camouflaged (in which case an administrative approval may be granted). d. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130(F)(5)) below. Response: The antennas are 3.5' in height; for a total (building + antenna) height of 45', which is 5' over the maximum height limit in the Commercial Core. This is necessary for adequate reception and staff finds that the height is acceptable given the placement of the antennas at the most concealed corner of the structure. (Please note that the existing paging antenna shown on the plans is taller than the proposed antennas and does not belong to Airtouch Cellular.) 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 eXlstmg use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted, or as required by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible, and shall not project above the wall on which it is mounted. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). 3 ~ ;/- Response: The existing antennas run along the west wall and blend into the adjacent building wall. The applicant has proposed to place the new antennas along the alley to meet emission requirements (by providing adequate separation between the antennas) and proposes to attach them to the parapet wall to avoid puncturing the roof membrane. It may be appropriate to consider some sort of screening along the alley, but that is likely to interfere with reception and will create a larger "object" on the roof. Staff recommends that the applicant be required to paint the antennas in an appropriate color to further reduce their visibility. 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 ridge(s) or ridge line(s); an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. b. Site disturbances shall be minimized, and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. c. Surrounding view planes shall be preserved to the extent possible. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. Response: No vegetation or view planes are affected by the proposal. 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: 4 !"'""\ .~ a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees, or other similar objects; consist of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). b. For ground mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. d. Chain link fencing shall be unacceptable to screen facilities, support structures, or accessory and related equipment (including HV AC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed . to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. Response: Staff recommends that the antennas be painted to recede from view. 6. Lil(htinl( and Sil(nal(e. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: 5 c--... >~ a. The light source for security lighting shall feature down-directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site. b. Light fixtures, whether free-standing or tower-mounted, shall not exceed twelve (12) feet in height as measured from finished grade. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. d. The telephone number(s) to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510 of the Aspen Municipal Code. Response: There will not be any lighting related to the antennas. The telephone number( s) to contact in an emergency shall be posted on the facility as required in Chapter 26.510 of the Aspen Municipal Code. 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 ot facility shall be located in a required parking, maneuvering or vehiclelpedestrian circulation area such that it interferes with, or in any way impairs, the intent or functionality of the original design. b. . The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. c. The proposed easement( s) for ingress and egress and for electrical and telephone shall be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of building permits. Response: Item "a" is met. Items "bOO and "COO do not apply as the antennas are incorporated into an existing building and are not freestanding ground mounted antennas where special access would be necessary. ALTERNATIVES: The HPC may consider any of the following alternatives: . Approve the application as submitted. 6 1""'\ , .~ . Approve the application. with conditions to be met prior to issuance of a building permit. . Table action to allow the applicant further time for restudy. recommendations should be offered.) (Specific . Deny approval finding that the application does not meet the Development Review Standards. RECOMMENDATION AND RECOMMENDED MOTION: Staff recommends that HPC approve the proposal for changes to the cellular facility at 205 S. Mill Street with the following conditions: I. The applicant must paint the antennas in an appropriate color to further reduce their visibility, with the color to be approved by staff. 2. The telephone number(s) to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510 of the Aspen Municipal Code. Exhibits: Resolution No.~, Series of 1999 fRvO A. Staff memo dated October 13, 1999. B. Application. 7 ~ ,1""'\ r-, AIRTOUCH'" Cellular AirTouch Cellular 7028 $. Clinton Street Englewood, CO BO 112 September 22, 1999 Telephone: 303 754 6200 Ms. Amy Guthry Historic Preservation Officer Aspen 1 Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 RE: Modification of existing cellular facility located at Mill Street Plaza 205 South Mill Street, our cellular site C03ASPEN Dear Amy: This letter is submitted in accordance with the City of Aspen Land Use Code requirement for an application to modify our existing cellular site at the above referenced address. Section 26.575.130 D is outlined below: 1. Attached are the site plan and photo simulations. The adjacent land uses are built out commercial use. The proposed antennas will be on a flat roof and will not be visible from the street at a distance of 100', as indicated by the photo simulations. 2. Not applicable-this is a modification to an existing building. 3. Not applicable-modification to existing building. 4. Attached are the site plan and photo simulations. 5. Not applicable-no proposed lighting. 6. Not applicable as this is a building mounted site. 7. a. Not applicable, building mounted facility away from airfield. b. This application complies with the Federal Communications Commission regulations regarding maximum radio frequency and electromagnetic frequency emissions. 8fG~\.o~\~ ES ~ . ~. ~ 8. This application is to modify by relocating one and adding two(2) antennas to an existing AirTouch Cellular facility. 9. Attached. 10. Discussed at pre-application meeting in August. TJ::cnk you for your review of our ~Jroposal to modify the existing AirTouch Cellular inscailation at 205 South !\ [ill Street. If you have any questions, don't hesitate to contact me at (303) 754-6245. Sincerely, J ""..f .' /' ""~~, . Iv.';,". / "-- -'.;.--~ "'.{ .-/,/ :' .'/ Gary M. Jones Site Development Manager enclosure; r'\ ~. 1 . AFFIDA VII OF GARY M . JONES STATE OF COLORADO ) ) SS COUNTY OF ARAPAHOE ) Gary M. Jones, being first duly sworn, on oath deposes and states: 1. I am the Site Development Manager of AirTouch Communications, Inc. d/b/a AirTouch Cellular ("AirTouch"). I have personal knowledge of the facts set forth in this Affidavit. 2. AirTouch entered into a Standard Retail Lease with Mill Street Plaza Associates dated June II''', 1991 ("Lease") for the lease of interior building space together with space on the rooffor cellular and link antennas of the property which is located at 205 South Mill Street (the "Property"). 3. AirTouch has complied with the Site Selection provision of the City of Aspen Land Use Code by selecting an existing structure, the Property, for its cellular installation and current modification. 4. AirTouch has requested that the City's Historic Preservation Commission grant its request for approval of the modification to enable AirTouch to construct and operate a fully functional cellular telephone facility ilt the Property. AirTouch Communications, Inc. " / .. ( 'f r---I/ I.,., //',,;-/ ~--', .' By: bary M. Jones, Site Development Manager Subscribed and sworn before me this ,. 'J day of ~. .' , L i ,1999 . f'rl'~"-:;111 /:,::::-f"J' !i1\1; !.'iK T i I - \1' Y i /' I \ .:r, " NotaryPubliq..-- ..: "("' _, , . . '.'~ Residing at:..- 'I, i ,; " U' / i '.' i' - . My Commission expires: 'i~..;-ic- i My commission Expires Z ~"I:I 'zJ~ 0"1:1 ~o g~ ~~ ~~ ~t;J -0 z t:I o . I:l o .. ! l:l S"g: 0 i~ ! ~J ~ ::g ~ ! oi g all. ~ "'~ "tl 1~~. 3~ ~ ;r II ~ ~ o ~ z " ~ ~ ~ Ul ~ en:!! ~ -oj;; 0 ~~ .., ~ ;:0", "'-- '- r -.... ~~~~g ~~~ ~a~~ -.... ~ ~!>1 ;lj s:1 zc: .~ ~ ;:0 AIITOUCIf "~~~a <Die ..gj~ ~ zen I z~ ~ ~ 1~i:O zz I)l 'O10~ J,~gj h~~ Vi ~m SITE: C03ASPEN "ASPEN" a 0-- :g z (Q .l5 :gl'Tl z " ,," (J) TITLE: PROPOSED ANTENN~ INSTALLATION 0'" 'll c:'" \. ..I \. ~ ..I m ~ ',\ \ ~;g~ ~3~ ~~l'i ~d ~~ gill.. U U 'r l/ll'i x m~ n I~ ~ I, ~ I, ~-{1'A~L rt I r OD c I >~ '" ~ ;;:::e -..J i;j ;;:: z J, -- ~ ~ -..J -- ..I ~~ olll... ~J:;~ i,~ ~~~ \ ~-::-12 .i~ h sal'i II ~ Cl~" ..: B~ "'gj i1-.::::::c _~n ~ Bf~~ ~ u;~ z -~ Zz ~:rg ~~~~ ("lea J: ......!;Ie: ~ ~im~ "'~~en !i!-a !ll ~ ~ ~ 1:-::- ~i~ !! ~P,a ~! ~h l'i~ J~~ iii / . !iJe ~/ m ~ "'~~ b1.-gj Uli -.. ~~ ~81 'r ~ j~ IM, I xisting View iO4 Move one 3.5' Omni Antenna from 'NEDC West Parapet to South Parapet..,., Add two 3.5' Omni Antennas to South Parapet.' _w l: gym." = i" . . y. ,Proposed View CO3-ASPEN CELL SITE ADDITION A I R T❑ U[ H Mill Street Mall Cellular North Elevation pp�. Now, �7L oh � t � t .. _ 0 f moow