HomeMy WebLinkAboutLand Use Case.500 Doolittle Dr.0046.2005.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER
0046.2005.ASLU
PARCEL 10 NUMBER 2735-13-2-04-825
PROJECT ADDRESS 500 DOOLITTLE DR
PLANNER BEN GAGNON
CASE DESCRIPTION VERIZON WIRELESS PROPOSES LEASING A 30' X 40' PARCEL FR
REPRESENTATIVE DAVE CLOSSER 303-554-5627
DATE OF FINAL ACTION 12/9/2005
CLOSED BY Denise Driscoll
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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.
Ci of As en c/o Steve Barwick Cit Mana er 130 S. Galena As en CO 81611 920-5205
Property Owner's Name, Mailing Address and telephone number
ParcellD # 2735-13204825. Water Plant Affordable Housing. Lot 25. off Doolittle Drive
Legal Description and Street Address of Subject Property
Insubstantial S ecial Planned Area SPA Amendment and Wireless Telecommunication Services
Facilities and E ui ment Administrative Review for the construction of a telecommunications
tower camoufla ed tree ole and e ui ment shelter off Doolittle Drive.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Ci of As en Communit Develo ment De ut Director administrative a roval of
Insubstantial SPA Amendment 26.440.090' and Wireless Telecommunication Services Facilities
and E ui ment Administrative Review 26.575.130 C 2 on October 19.2005.
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
October 30. 2005
Effective Date of Development Order (Same as date of publication of notice of approval.)
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October 30. 2008
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 19th day of October, 2005, by the City of Aspen Community Development
Deputy Director.
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Joyce llgaier, Com unity Development Deputy Director
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MEMORANDUM
TO:
Joyce Allgaier, Director, Community Development
FROM:
Ben Gagnon, Special Projects Planner
RE:
Verizon Wireless Telecommunications Facility:
Wireless Telecommunication Services Facility and Equipment;
Administrative Review
Insubstantial SPA Amendment
DATE:
October 14, 2005
SUMMARY:
Closser Consulting LLC, representing Verizon Wireless, is requesting a
Wireless Telecommunication Services Facility and Equipment;
Administrative Review, and an Insubstantial SPA Amendment, to allow a
Telecommunications Facility to be constructed on Water Treatment
Facility Property, west of Doolittle Drive.
ApPLICANT:
Verizon Wireless, represented by Closser Consulting
LOCATION:
Water Treatment Facility Property, west of Doolittle Drive.
ZONING:
Special Planned Area (SPA)
REVIEW PROCEDURE:
Wireless Telecommunication Services Facilities and Equipment may be
approved through Administrative Review, pursuant to Land Use Code
Section 26.575.130 (C)(2).
Insubstantial amendments to an approved SPA may be approved by the
Community Development Director, pursuant to Land Use Code Section
26.440.090, Amendment to SPA Development Order.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A."
RECOMMENDATION:
Staff has reviewed this proposal and recommends that the Community
Development Director approve this Wirelesss Telecommunication
Services Facility and Equipment; Administrative Review, and
Insubstantial SPA Amendment, as proposed, with conditions.
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5. Approval by the Community Development Director for a wireless
telecommunication ser-vices facility and/or equipment application shall
not be construed to waive any applicable zoning or other regulations; and
wherein not otherwise specified, all other requirements of the Aspen
Municipal Code shall apply. All requests for modifications of existing
facilities or approvals shall be submitted to the Community Development
Director for review under all provisions and requirements of this Section.
If other than minor changes are proposed, a new, complete application
containing all proposed revisions shall be required.
6. All wireless telecommunication services facilities and equipment shall
comply with the Federal Communication Commission's regulations
concerning maximum radio frequency and electromagnetic frequency
emiSSIOns.
7. 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.
8. 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.
9. 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.
10. The applicant will submit a Structural Integrity Report from a professional
engineer licensed in the State of Colorado documenting the following:
a. Tower height and design, including technical, engineering, economic,
and other pertinent factors governing selection of the proposed design;
b. Total anticipated capacity of the structure, including number and types
of antennas which can be accommodated;
c. Failure characteristics of the tower and demonstration that site and
setbacks are of adequate size to contain debris in the event of failure; and,
d. Specific design and reconstruction plans to allow shared use. This
submission is required only in the event that the applicant intends to share
use of the facility by subsequent reinforcement and reconstruction of the
facility.
ATTACHMENTS:
Exhibit A: Review Criteria and Staff Findings
Exhibit B: Application
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Exhibit A
Review Criteria & Staff Findings
The Communi Develo ment Director ma a rove a ro osal for
Wireless Telecommunications Services Facilities and Equipment
26.575.130 C 2 if it meets the a Iicable Review Standards
26.575.130 (F).
(F) 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.
Staff Findinl!::
Staff finds that the proposal meets this criteria. The setback requirements in the
underlying SPA Zone District apply to residential properties, and this proposal
substantially exceeds the minimum residential setback requirements. This proposal also
substantially exceeds the setback requirements in the Review Standards for
telecommunications service facilities (see below) 26.575.130 (F).
a. All facilities shall be located at least fifty (50) ftet from any property lines, except
when roolmounted (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 Findinl!::
Staff finds that the proposal meets this criteria. The proposal is for a stand-alone tower
and equipment shelter, and meets the setback requirement requiring the facility to be
located at least (50) fifty feet from any property lines. The proposed facility is located
238 feet south of the northerly property line; 296 feet east of the westerly property line
390 feet from the easterly property lines and in excess of 500 feet from the southerly
property line.
b. Monopole towers shall be set backfrom any residentially zoned properties a distance
olat 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/rom the right-of~way line, shall be at least equal to the height of the mono-
pole.
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Staff Findinl!:
Staff finds that the proposal meets this criteria, as the proposal substantially exceeds the
setback requirements from residentially zoned properties, and from public roads. The
monopole's height will be 35 feet, and therefore must be set back 105 feet from
residential properties, and at least 35 feet from a public road. Residential properties are
located to the north, east and west of the proposed facility, and a public road (Doolittle
Road) is located to the northeast of the proposed facility. The proposed facility is located
238 feet south of the northerly residential property line; 296 feet east of the westerly
residential property line; 390 feet from the easterly residential property line; and
approximately 200 feet from the nearest public road (Doolittle Road).
c. No wireless communicationfacility may be established within one-hundred (100) feet
of any existing, legally established wireless communicationfaGility except when located
on the same building or struclure.
Staff Findinl!:
Staff finds that the proposal meets this criteria, as there is no wireless communication
facility within 100 feet ofthe proposed facility.
d. No portion of any antenna array shall extend beyond the property lines or into any
front yard area. Guy wires shall not be anchored within any front yard area, but may be
attached to the building.
Staff Findinl!:
Staff finds that the proposal meets this criteria, as the antenna array does not extend
beyond the property lines or into any front yard area. There are no guy wires for this
freestanding structure.
2. Height. The following restrictions shall apply:
a. Wireless telecommunication services facilities and/or equipment not attached to
a buildinf!, shall not exceed thirty-five (35) fiet in height or the maximum
permissible height of the given zone district, whichever is more restrictive.
Staff Findinl!:
Staff finds that the proposal meets this criteria. The maximum height requirements in the
underlying SPA Zone District are applicable to the residential section of the zone district,
and the proposed 35-foot height of the proposed telecommunications facility meets the
maximum height limit for this section.
b. Whenever a wireless telecommunication services antenna is attached to a
building roof the antenna and support system for panel antennas shall not exceed
.live (5) feet above the highest portion of that roo] including parapet walls, and the
antenna and support "ystem for whip antennas shall not exceed ten (J 0) feet above
the highest portion of that roof including parapet walls.
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Staff Findin!!::
Staff finds that this criteria is not applicable, as the proposed facility is freestanding.
c. The Communily Development Director may approve a taller antenna height than
stipulated above in (b.) if it is their determination that it is suitably camouflaged, in
which case an administrative approval may be granted
Staff Findin!!::
Staff finds that this criteria is not applicable, as the proposed facility is freestanding.
d. If the Community Development Director determines that an antenna taller than
stipulated above in (b.) cannot be suilably 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 Section 26.430 (Special Review).
Staff Findin!!::
Staff finds that this criteria is not applicable, as the proposed facility is freestanding.
e. Support and/or switching equipment shall be located inside the building, unless
iI can be fully screened from view as provided in the "Screening" standardl'
(26475. 130 and 26.575.130 (F)(5)) below.
Staff Findin!!::
Staff finds the proposal meets this criteria, as the proposal locates the support and/or
switching equipment inside an equipment shelter.
3.Archilectural 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/arm, scale, mass, color, texture and character.
Staff Findin!!::
Staff finds that the proposal meets this criteria, as the proposed facility is a
substantial distance from any planned or existing structures, the closest of which are
residential. The equipment shelter is proposed to be painted brown and
surrounded by a 6' fence, painted juniper green.
In addilion:
a. If such facility is accessory to an existing use, the facility shall be constructed out of
materials that are equal 10 or of better quality than the materials of the principal use.
Staff Findin!!::
Staff finds that this criteria is not applicable, as the proposed facility is not
accessory to an existing 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).
Staff Findinl!::
Staff finds the proposal meets this criteria, as the twelve (12) proposed panel
antennas will be painted green to blend in with the tree pole 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 asflush to the wall as technically possible, and shall not project above the
wall on which it is mounted.
Staff Findinl!::
Staff finds this criteria is not applicable, as the proposed facility is freestanding.
d. Monopole supporl 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 Findinl!::
Staff finds the proposal meets this criteria. There are no adjacent buildings and the
the design of the proposed equipment shelter and surrounding six-foot fence is suitable to
the location.
e. All utilities associated with wireless communication facilities or equipment shall be
underground (also see "Screening" below).
Staff Findinl!::
Staff finds that the proposal meets this criteria, as all proposed utilities (telephone
and electrical power) will be installed underground and trenched to the site
location.
4. Compatibility with the Natural Environment. Wireless telecommunication services
facilities and equipment shall be compatible with the surrounding natural environment
considering landforms, topography, and other naturalfeatures. and shall not dominate
the landscape or present a dominant silhouette on a ridge line.
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Staff Findine:: Staff finds that the proposal meets this criteria. The proposed
camouflaged "tree pole" is designed to blend in with the landscape, and is not located on
a ridge line.
In addition:
a. If a localion 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(.\); an 8040 Greenline Review, pursuant to the provisions of Section
26. 435. 030, may also be required.
Staff Findine::
Staff finds that this criteria is not applicable, as the proposed facility is not at or
near a ridge line.
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
vegelation and topography results in less visual impact to the surrounding area.
Staff Findine::
Staff finds the proposal meets this criteria. The proposed facility will be located in
an area that consists substantially of grass and some scrub/oak bushes. While some of the
existing vegetation will be removed at the site, the remaining brush lines will reduce
visual impacts.
c. Surrounding vIew planes shall be preserved to the extent possible.
Staff Findine::
Staff finds the proposal meets this criteria. The purpose of the camouflaged "tree pole" is
to blend in with the landscape. In addition, the facility will be buffered by the natural
berm to the south and southeast, further concealing this camouflaged structure. The
remaining brush lines will also reduce visual impacts.
d. All wireless telecommunication services facilities and equipment shall comply with the
Federal Communication Commission's regulations concerning maximum radio
./i"equency and electromagnetic ./i"equency emissions.
Staff Findine::
Staff finds the proposal meets this criteria, as compliance with FCC regulations is
a condition of approval.
5. Screening. Roof and ground mounted wireless telecommunication services facilities
and equipment, including accessory equipment, shall be screened./i"om adjacent and
nearby public rights-of~way and public or private properties by paint color seleclion,
parapet walls, screen walls, fencing, landscaping, and/or berming in a manner
compatible with the building's and/or surrounding environment's design, color,
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materials, texture, landjorms and/or topography, as appropriate or applicable.
Staff Findine:
Staff finds the proposal meets this criteria. The nature of the camouflaged "tree pole,"
the brown equipment shelter, the six-foot surrounding juniper green fence, the naturally
occurring topography, existing surrounding vegetation and surrounding vegetation
provide adequate screening for the telecommunications facilities and equipment.
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 Iheir background; and, have no individual antennas or
climbing .\pikes 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 Findine:
Staff finds the proposal meets this criteria. The topography in the area will
provide partial natural screening and the camouflaged "tree pole" is designed to
blend in with the background. There will be no individual antennas or climbing spikes on
the pole.
b. For ground mountedfacilities, 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 plantsjor year-round
screening may be required. Landscaping shall be of a type and variety capable of
growing within one (I) year to a landscape screen which satisjactorily obscures the
visibility ofthe/acility.
Staff Findine:
Staff finds the proposal meets this criteria. Brush lines will surround most of the base
structure, and topography and other vegetation will provide additional screening.
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 Findine:
Staff finds that the proposal meets this criteria, as the coaxial cable will run
from the interior of the equipment shelter to the interior of the "waveguide
bridge" to the interior of the camouflaged "tree pole." The waveguide bridge will be
painted to match the surroundings with an aggregate finish.
d. Chain link fencing shall be unacceptable to screen facilities, support structures, or
accessory and related equipment (including HVAC or mechanical equipment present on
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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 Findin2:
Staff finds the proposal meets this criteria, as a six-foot wooden fence painted juniper
green will enclose the equipment shelter.
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
delailed plan and ,\pecificationsfor 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 Findin2:
Staff finds the proposal meets this criteria, as it features a camouflaged "tree pole" as
suggested in this section, which is designed to blend in with the landscape.
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 ser-vicesfacilities and equipment:
a. The light source for security lighting shall feature down-directional, sharp cut-oil
luminaries to direct, control, screen or shade in such a manner as to ensure that there is
no spillage of illumination off-site.
Staff Findin2:
Staff finds the proposal meets this criteria. There will be one down-directional light,
which will only be in use when a technician is visiting the site during the evening.
b. Lightfixtures, whether.fl-ee-standing or tower-mounted, shall not exceed twelve
(12)feet in height as measuredfromfinished grade.
Staff Findin2:
Staff finds the proposal meets this criteria, as the height of the light will not exceed 12
feet from finished grade. The equipment shelter is 11 '6".
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 Findin2:
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Staff finds the proposal meets this criteria, as a condition of approval requires that only
public safety warnings, tower identification and other FCC-required signage will be
posted on-site.
d. The telephone number(.\) to contact in an emergency shall be posted on eachfacility in
conformance wilh the provisions of Chapter 26.510 of the Aspen Municipal Code.
Staff FindiDl!::
Staff finds the proposal meets this criteria, as a condition for approval reqUIres the
posting of an emergency contact telephone number on-site.
7. Access ways. In addition to ingress and egress requirements of the Building Code,
access to andfrom wireless telecommunication services facilities and equipment shall be
regulated asfollows:
a. No wireless communication device orfacility 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 Findinl!::
Staff finds the proposal meets this criteria, as the proposed facility is in an undeveloped
area.
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 Findinl!::
Staff finds that the proposal meets this criteria. A wooden fence will be constructed
around the secured equipment shelter and anti-climbing devices will be installed on the
camouflaged "tree pole." The proposed lease with the City of Aspen includes a 12'
utility easement and access road to the site, which will be capable of supporting all
potential emergency response vehicles.
c. The proposed easement(s) for ingress and egress andfor electrical and telephone shall
be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of
huilding permits.
Staff Findinl!::
Staff finds that the proposal meets this criteria, as the conditions for approval require the
applicant to record the proposed easements for ingress and egress and for electrical and
telephone service with the Pitkin County Clerk and Recorder's Office.
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The Community Development Director mav approve an amendment to
an approved SPA ifthe proposal meets the review standards accordine:
to 26.440.090. The followine: shall not be considered an insubstantial
amendment:
1. A change in the use or character of the development.
Staff Findine:
Staff finds the proposal does not trigger this criterion. Staff finds that the proposal does
not change the use or character of the Aspen Water Treatment Plant/Affordable Housing
SPA. A telecommunications facility is a utility/infrastructure use, and further, the
insubstantial size of the developed area and the screening/blending of the proposed
telecommunications facility will have a minimal impact on the existing character of the
area.
2. An increase by greater Ihan three (3) percent in the overall coverage of structures on
the land
Staff Findine:
Staff finds the proposal does not trigger this criterion. The proposed l2'X26' equipment
shelter and tree pole will not increase the overall coverage of structures in the WTP/AH
SPA by more than three (3) percent.
3. Any amendment that substantially increases trip generation rates of Ihe proposed
development, or the demand.for publicfacilities.
Staff Findine:
Staff finds the proposal does not trigger this criterion. The telecommunications facility
will not substantially increase trip generation rates, as trips to the site are needed only for
maintenance and repair.
4. A reduction by greater than three (3) percent of the approved open space.
Staff Findine:
Staff finds the proposal does not trigger this criterion. The 25'X40' lease
parcel/telecommunications facility will not reduce approved open space by more than
three (3) percent.
5. A reduction by greater than one (1) percent of the off-street parking and loading
,Ipace.
Staff Findine:Staff finds the proposal does not trigger this criterion. This proposal does
not reduce off-street parking or loading space.
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6. A reduction in required pavement widths or rights-of-wayfor streets and easements.
Staff Findinl!::
Staff finds the proposal does not trigger this criterion. The proposal does not reduce
required pavement widths of rights-of-way for streets or easements.
7. An increase of greater than two (2) percent in the approved gross leasable .floor area
of commercial buildings.
Staff Findinl!::
Staff finds the proposal does not trigger this criterion. There are no commercial buildings
in the WTP/ AH SPA, and the telecommunications facility does not include any gross
leasable floor area according to the code definition. To the extent that sub-leases for
space on the tree-pole are executed in the future, this co-location is encouraged.
8. An increase by greater than one (1) percent in the approved residential density of the
development.
Staff Findinl!::
Staff finds the proposal does not trigger this criterion. This proposal does not include any
residential uses.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a further variation from Ihe project's
approved use or dimensional requirements.
Staff Findinl!::
Staff finds the proposal does not trigger this criterion. Staff finds that this proposal is not
inconsistent with the WTP/AH SPA's original approval, and does not require a further
variation from the SPA's approved uses or dimensional requirements.
Conditions of Approval
I. Applicant shall use good faith efforts to negotiate lease rights to other
telecommunications users who desire to use the monopole in the future.
Because future additional users will tend to diminish the effectiveness of
the camouflaging nature of the tree pole, future users are required to
proceed under General and Administrative Review 26.575.130 (c)(I) (2).
2. 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. The operator/property owner shall be
responsible for maintaining free from graffiti, debris and litter, those areas
of the site which are adjacent to the premises over which s/he has control.
The applicant shall be responsible for reasonable upkeep of the facility
and subject property. All towers, antennas and related facilities shall be
subject to periodic inspection to ensure continuing compliance with all
conditions of approval and requirements of this section.
3. All required approvals will be in effect only so long as the antenna(s) and
other structures are operated at the site. Facilities that are not in use for
ninety (90) consecutive days for cellular communication purposes shall be
considered abandoned and shall be removed by the facility owner. The site
shall be restored to the condition it was in prior to the installation/location
of the facility. Such removal shall be carried out in accordance with proper
health and safety requirements. A written notice of the determination of
abandonment shall be sent or delivered to the operator of the wireless
communication facility. The operator shall have ninety (90) days to
remove the facility or provide the Community Development Department
with evidence that the use has not been discontinued. The Community
Development Director shall review all evidence and shall determine
whether or not the facility is abandoned. Upon refusal or failure of an
owner and/or operator to ti'mely remove a facility as required under this
section, the facility shall be deemed an abandoned illegal structure subject
to abatement as a public nuisance.
4. The City shall reserve the right to add, modify or delete conditions after
the approval of a request in order to advance a legitimate City interest
related to health, safety or welfare. Prior to exercising this right, the City
shall notify the owner and operator in advance and shall not impose a
substantial expense or deprive the affected party of a substantial revenue
source in the exercising of such right.
5. Approval by the Community Development Director for a wireless
telecommunication ser-vices facility and/or equipment application shall
not be construed to waive any applicable zoning or other regulations; and
wherein not otherwise specified, all other requirements of the Aspen
Municipal Code shall apply. All requests for modifications of existing
facilities or approvals shall be submitted to the Community Development
Director for review under all provisions and requirements of this Section.
If other than minor changes are proposed, a new, complete application
containing all proposed revisions shall be required.
6. All wireless telecommunication services facilities and equipment shall
comply with the Federal Communication Commission's regulations
concerning maximum radio frequency and electromagnetic frequency
emISSIOns.
7. 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.
8. The telephone number( s) to contact in an emergency shall be posted on
each facility in conformance with the provisions of Chapter 26.5] 0 of the
Aspen Municipal Code.
9. 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.
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10. The applicant will submit a Structural Integrity Report from a professional
engineer licensed in the State of Colorado documenting the following:
a. Tower height and design, including technical, engineering, economic,
and other pertinent factors governing selection of the proposed design;
b. Total anticipated capacity of the structure, including number and types
of antennas which can be accommodated;
c. Failure characteristics of the tower and demonstration that site and
setbacks are of adequate size to contain debris in the event of failure; and,
d. Specific design and reconstruction plans to allow shared use. This
submission is required only in the event that the applicant intends to share
use of the facility by subsequent reinforcement and reconstruction of the
facility.
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C03 Castle Creek
Verizon Wireless Proposal
City of Aspen Municipal Code
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:
I. 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.
The Verizon Wireless C03 Castle Creek proposed concealed tree pole
installation with accompanying brown equipment shelter and wooden
fence meet or exceed all Aspen City setback requirements.
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.
The proposed Verizon Wireless ("VZW") C03 Castle Creek site meets
all specified city setback requirements. The VZW lease area is located
238' south of the northerly property line, 296' east of the westerly
property line, and in excess of five hundred feet (500') from both the
easterly and southerly property lines.
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.
The proposed Verizon Wireless ("VZW") C03 Castle Creek site meets
all specified setback requirements from residentially zoned properties
and public roads. The surrounding land uses are as follows: North:
Residential, East: Residential, South: City Water Treatment Plant,
West: Residential. The proposed 40' concealed tree pole will be
located 238' south of the northerly property line, 296' east of the
westerly property line, and in excess of five feet (500') from both the
easterly and southerly property lines thus satisfying the 120' setback
Page I of9
Verizon Wireless
COJ Castle Creek
c
o
from residentially zoned properties. The proposed 40' concealed tree
pole is located approximately 500' from the nearest puhlic road,
Doolittle Drive.
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.
The proposed Verizon Wireless ("VZW") C03 Castle Creek site is
NOT located within one-hundred (100) feet of any existing established
wireless communication facility. This facility will be capable of
handling at least one other provider if desired.
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.
The proposed Verizon Wireless ("VZW") C03 Castle Creek site is a
freestanding 40' taU concealed tree structure which is sufficiently
setback from all property lines, and does not extend into adjacent
properties, nor into the front yard area. As a freestanding structure, the
proposed site does not include guy wires.
2. Height. The following restrictions shall apply:
The Verizon Wireless C03 Castle Creek proposed concealed tree pole
instaUation with accompanying brown equipment shelter and wooden
fence meet or exceed aU Aspen City height requirements.
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.
The proposed Verizon Wireless ("VZW") C03 Castle Creek site is for
a 35' tall wooden pole structure with twelve (12) panel antennas (tip
height of antennas is 35'). The height of the pole structure is thirty-
five feet (35'). However, in order to complete the aesthetic affeet of a
"concealed tree", the overaU height of the structure is approximately
forty feet (40') taU inclnding branches, leaves and other "tree" parts
to complete the mirage.
b. Whenever a wireless telecommunication services antenna is attached to a building
roof, the antenna and support system for panel antennas shall not exceed five (5) feet
above the highest portion of that roof, including parapet walls, and the antenna and
support system for whip antennas shall not exceed ten (10) feet above the highest portion
of that roof, including parapet walls.
Page 2 of9
Verizon Wireless
C03 Castle Creek
c
o
Does not apply.
c. The Community Development Director may approve a taIler antenna height than
stipulated above in (b.) if it is their determination that it is suitably camouflaged, in which
case an administrative approval may be granted.
As indicated in above, the VZW proposal is for a structure with an
overall height of 40', however only 35' of that structure will be used
for the purposes of a wireless commuuications installatiou. The top
(approx.) five feet (5') of the concealed tree structure is to complete
the aesthetic effect of a "tree". As indicated in the site plans and
photographic simulations (see attached) this site has been designed to
blend with the existing vegetation in the area. Most particularly in the
photographic simulation, it is evident that evergreen trees are
prevalent in the area, just beyond the site is a grove of evergreens that
will help the proposed VZW blend in with the character of the area.
d. If the Community Development Director determines that an antenna taller than
stipulated above in (b.) 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 Section 26.430 (Special Review).
Does not apply.
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.
As part of the C03 Castle Creek ceU site, VZW is proposing to instaU
an equipment shelter measuring 12' X 26' to contain aU support and
switching equipment for the site. The equipment shelter will be
painted brown (as indicated in the attached photo simulation) and
contained within a wooden fence that surrounds the equipment
shelter as well as the concealed tree pole.
3. Architectural Compatibilitv. Whether manned or unmanned, wireless
telecommunication services facilities shall be consistent with the architectural style of the
surrounding architectural environment (planned or existing) considering exterior
materials, roof form, scale, mass, color, texture and character. In addition:
The Verizon Wireless C03 Castle Creek proposed concealed tree pole
installation with accompanying brown equipment shelter and wooden
fence meet or exceed all Aspen City Architectural Compatibility
requirements, including scale, mass, color, texture and character of
the installatiou. If auother color or building style is deemed more
Page] of 9
Verizon Wireless
C03 Castle Creek
c
o
architecturally compatible than what has been presented in the
enclosed photo simulation, Verizon Wireless will work with the City
of Aspen to match the preferred color and style.
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.
The VZW C03 Castle Creek site is proposed to coexist with a City
Water Treatment Facility. The VZW proposal is for a new 40'
concealed tree pole, an equipment shelter measuring 12' X 26' painted
brown to match the existing surroundings and a wooden fence to
enclose the VZW lease area. This site has been designed to blend in
with the natural surroundings and enhance the use of the property.
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).
The twelve (12) proposed panel antennas will be painted brown to
blend in with the tree pole to which they are attached, as illustrated in
the photo simulation.
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.
Does not apply.
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.
The proposed Verizon Wireless equipment shelter which measures 12'
X 26' wiD be painted brown to match the existing surroundings and
natural landscape. A wooden fence will enclose the entire VZW lease
area(if required), also containing the proposed concealed tree pole.
Verizon Wireless is open to alternate colors and building styles.
Page 4 of9
Verizon Wireless
COJ Castle Creek
c'
o
e. All utilities associated with wireless communication facilities or equipment shall be
underground (also see "Screening" below).
All proposed utilities (telephone and electrical power) will be installed
underground/trenched to the site location.
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:
The Verizon Wireless C03 Castle Creek proposed concealed tree pole
installation with accompanying brown equipment shelter and woodeu
fence meet or exceed all Aspen City Compatibility with the Natural
Environmeut requirements, including compatibility with land forms,
topography aud other uatural features, additioually this site will uot
dominate the landscape or create a dominaut silhonette on a ridge
line.
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.
Does not apply, this site is not proposed on a ridgeline. Additionally
this site will be screeued by the natural topography in the area.
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.
The Verizou Wireless C03 Castle Creek site is proposed in an area
that is mostly grass and dirt with some scrub oaklbnshes. No trees of
significant size will be removed, disturbed, or relocated as a result of
the proposed site construction. Overall site disturbance will be
minimal.
c. Surrounding view planes shall be preserved to the extent possible.
The VZW proposal is for a 40' concealed tree pole that will be
naturally buffered by the berm to the south and southeast of the site
location. As evidenced in the photo simulation attached, the proposed
tree pole will blend in with the berm and mountain to the
south/southeast, effectively concealing this new concealed tree
structure.
Page 5 of9
Verizon Wireless
COJ Castle Creek
o
:>
d. All wireless telecommunication services facilities and equipment shall comply with the
Federal Communication Commission's regulations concerning maximum radio frequency
and electromagnetic frequency emissions.
The proposed Verizon Wireless C03 Castle Creek cell site will comply
with aD Federal Communication Commission's regulations
concerning maximum radio frequency and electromagnetic frequency
emissions.
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 benning 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:
The Verizon Wireless C03 Castle Creek proposed concealed tree pole
instaDation with accompanying brown equipment shelter and wooden
fence meet or exceed aD Aspen City Screening requirements.
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).
The proposed Verizon Wireless C03 Castle Creek ceD site will be
located north/northwest of an existing berm which is adjacent to a
mountain. The topography in the area of the site will provide natural
screening for the equipment and proposed concealed tree pole. The
tree has been designed as an evergreen which will blend with the tree
cluster to the south/southeast of the site. The building has been
proposed as a brown color to blend with the shrubs, dirt and grass in
the area.
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 (I) year to a landscape screen which satisfactorily obscures the visibility of
the facility.
The existing trees, shrubs and scrub oak will act as natural
landscaping around the proposed VZW C03 Castle Creek site. The
Page 6 of9
Verizon Wireless
C03 Castle Creek
o
o
lease area will be enclosed by a wooden fence (if required) to help
buffer the equipment shelter from view.
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.
The proposed coaxial cable will connect from the equipment shelter to
the concealed tree pole via the <<waveguide bridge" illustrated on sheet
Z-2 of the attached site plan. Once at the concealed tree pole, the
coaxial cable will continue inside the pole structure, and will not be
visible. The waveguide bridge will enclose the coax from point to
point.
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.
The VZW C03 Castle Creek cell site will be enclosed and screened by
a six foot wooden fence around the equipment shelter and new 44)'
concealed tree pole. As additional screening, the existing shrubs and
trees in the area will act as buffers to the site.
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.
The VZW C03 Castle Creek cell site is a proposed concealed tree
pole. This proposal should meet any additional aesthetic concerns of
the community development department in mitigating potential visual
impacts of the facility. An evergreen tree was selected for this site,
which should blend nicely with the existing evergreens in the
immediate area.
Page 70f9
Venzon Wireless
C03 Castle Creek
o
o
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:
The Verizon Wireless C03 Castle Creek proposed concealed tree pole
installation with accompanying brown equipment shelter and wooden
fence meet or exceed all Aspen City Lighting and Signage
requirements. Only public safety, tower identification and other FCC
required signage will be posted on site (and d below). The only
lighting will be over the equipment building door, to be switched on
manually by a technician visiting the site.
a. The light source for security lighting shall feature down-directional, sharp cut~ff
luminaries to direct, control, screen or shade in such a manner as to ensure that there is no
spillage of illumination off-site.
Only one light, to be switched on manually by a technician visiting the
site.
b. Light fixtures, whether free-standing or tower-mounted, shall not exceed twelve (12)
feel in height as measured from [mished grade.
Only one light, to be switched on manually by a technician visiting the
site.
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.
Only public safety, tower identification and other FCC required
signage will be posted on site (and d below).
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.
Verizon Wireless will post signs on the property with emergency
contact information as well as site identification information.
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:
The Verizon Wireless C03 Castle Creek proposed concealed tree pole
installation with accompanying brown equipment shelter and wooden
fence meet or exceed aU Aspen City Access ways requirements.
Page 8 of9
Verizon Wireless
COJ Castle Creek
o
o
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.
The C03 Castle Creek site is proposed for a portion of the City of
Aspen's Water Treatment Facility property which is yet undeveloped.
The proposed site location will not encroach on any parking, or
vehicle/pedestrian circulation area. Additionally the site will in no way
impair the intent or functionality of the original design of the
property.
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.
In order to secure the proposed C03 Castle Creek site, Verizon
Wireless is installing a wooden fence aro_d the secured equipment
shelter. The concealed tree pole will be equipped with anti-climbing
devices. Physical access to the site via dirt ingress/egress road will be
available and capable of supporting aU 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. (Ord. No. 1-2002 S 18, 2002; Ord. No. 53-2003, S14, 15)
The proposed easements needed for the C03 Castle Creek ceU site for
ingress and egress and for electrical power and telephone service will
be recorded at the Pitkin County Clerk and Recorder's Office prior to
VZW submitting for building permits.
Page 9 of9
Verizon Wireless
C03 Castle Creek
,-~--
Page 10f2
Parcel Detail
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"'
pitkin County Assessor/Treasurer
Assessor/Treasurer Proper1)' SellIch I Asses~r Sl!bset Query I Assessor Sale~ Search
Clerk & Rec9rder Reception Search
Basic Building Chara!'teri~tics I Tax Information
parcel Detail I Value Detail I SalesDetajl I ResigentiaIlCommerciallmprovement Detail
Land [)e\Jlil I Photographs
Tax Area II
001 II
Account Number
RO 16346
II Parcel Number
II 273513204825
II Mill Levy
1\ 30.387
-- ----------_.,--- --------"-_...- - -_.---' -- - -_...---,--"---------"-_._--~---'--_..._---------
_________'_m_____._'_~____~____.._ .--
Owner Name and Address
ICITY OF ASPEN I
1130 S GALENA ST I
IASPEN, CO 81611 I
Legal Description
!SUB:W A TER PLANT AFFORDABLE HOUSING
ILOT:25
Location
I Physical Address: IIASPEN I
I S bd' .. \\WATERPLANT AFFORDABLE \
u lVI"lOn: HOUSING
I Land Aeres: 1\49.705 I
I Land Sq Ft: 110 I
Property Tax Valuation Information
I \I Aelual Value II Assessed Value I
I Laud: II 500,00011 145,0001
1 Improvements: II 011 01
I Totul: II 500,00011 145,0001
Sale Date: I
Sale Price: I
II
http://www.pitkinassessor.org/assessor/parcel.asp?parcelNumber=273513204825
1/21/2005
.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
/f>L
Wit ,tAMer
American Land Title Association Commitment - Modified 3nB
STEWART TITLE
GUARANTY COMPANY
Order Number:
42872
STEWART TITLE GUARANTY COMPANY, a Texas Corporation, herein called the Company, for
valuable consideration, hereby connnits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
This Connnitrnent shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either.at the
time of the issuance ofthis Connnitrnent or by subsequent endorsement.
/
The Connnitrnent is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof or
when the policy or policies connnitted for shall issue, whichever first occurs, provided that the failure to
issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Connnitrnent shall not be valid or binding until it bears an
authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
~At'/J(:L~~
Authorized Countersignature
Stewart Title of Aspen, Inc.
620 East Hopkins A venue
Aspen, CO 8]6] I
(970) 925-3577
Order Number: 42872
Pa e 1 of 2 Commibnent fOT Title Insurance 3nS
~
CQwTMENT FOR TITLE INS~E
SCHEDULE A
Effective Date: July 23,2004 at 7:30 a.m.
2. Policy or Policies To Be Issued:
Order Number: 42872
( ) ALTA (1992) Owner's Policy
( ) Standard ( ) Extended
Amount:
Premium:
TO BE
DETERMINED
Proposed Insured: TBD
( ) AL T A 1992 Loan Policy
( ) Standard ( ) Extended
Amount:
Premium:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
City of Aspen
5. The land referred to in this Commitment is described as follows.
LOT 25, FIRST AMENDED PLAT FOR THE CITY OF ASPEN WATER TREATMENT PLANT
& AFFORDABLE HOUSING PROJECT SPA AND SUBDIVISION, City of Aspen, Colorado, as
shown on that certain Plat recorded March 13, 1998 in Plat Book 44 at Page 53 as Reception No.
414458.
COUNTY OF PITKIN, STATE OF COLORADO.
Statement of Charges
Policy premiums shown above, and
any charges shown below are due and
payable before a policy can be issued.
Examiner Name: Chuck Dorn
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DISCLOSURES
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. The subject real property may be located in a Special Taxing District;
B. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County
Treasurer's authorized agent;
C. Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity
shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity
conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction
which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and
is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the
Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No.4
of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's
and materialmen's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; fmancial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements
satisfactory to the company; and, any additional requirements as may be necessary after an examination of
the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
File Number: 42872
Stewart Tille of Aspen, Inc.
Disclosures
Page 1 of1
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SCHEDULE B - Section 1
REQUIREMENTS
Order Number: 42872
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insnred.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
aud duly filed for record, to wit:
1. Certificate from the Water Place Homeowners Association evidencing the fact that all
expenses have been paid.
2. A. Certificate of non-foreign status, duly executed by the seller(s), pursuant to Section 1445
of the Internal Revenue Code AND
B. Satisfactory evidence of the seller(s) Colorado residency (or incorporation) pursuant to
Colorado House Bill 92-1270.
NOTE: Section 1445 of the Internal Revenue Code requires withholding of tax from sales
proceeds if the transferor (seller) is a foreign person or entity. Colorado House Bill 92-1270
may require withholding of tax from sales proceeds if the seller(s) is not a Colorado resident.
Detailed information and Forms are available from Stewart Title.
3. Deed from vested owner, vesting fee simple title in purchaser(s).
4. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the borrower and
approved by Stewart Title of Aspen, Inc.
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SCHEDULE B - Section 2
EXCEPTIONS
Order Number: 42872
The policy or policies to be issned will contain exceptions to the following unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts
which a correct survey and inspection of the premises would disclose and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes and assessments and any unredeemed tax sales.
The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other district or inclusion in any water service or street improvement area.
&!.ght of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as reserved in United
States Patent re~rded December 3, 1892 inBOok 55 at Page 35 and recorded November 5,
1927 in Book.\t5 at Page 293.
'<;~gbt.Of way for ditches or canals constructed by the authority of the United States, as
~served in United States Pateny-ecorded December 3, 1892 in Book 55 at Page 35 and
recorded November 5, 1927 in.BOok 55 at Page 293.
p;;n~, conditions, provisions, obligations and restrictions as set forth in Declaration of
Covenants, Restrictions and Conditions for City of Aspen Water Treatment Plant and
Affordable Housing Project SPA and Subdivision, recorded March 13, 1998 as Reception
No. 414459.
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~..'.. T rms, conditions, ~r~visions and obligations as set forth i~ By-Laws of the Water Place
. omeowners AssocIatIon, recorded March 13, 1998 as ReceptIon No. 414460.
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~em1S, conditions, provisions and obligations as set forth in Articles of Incorporation of the
~;; Place Homeowners Association, recorded March 13 1998 as Reception No. 414461.
, Lents, rights of way and all matters as shown on th~f subject property, recorded
c;ra;~h'13, 1998 in Plat Book 44 at Page 53 as Reception~58.
~-:md right-of way Easement granted unto Holy Cross Energy, a Colorado corporation
as set forth in instrument recorded January 6, 2000 as Reception No. 439299.
.~' conditions, obligations, provisions and Easements & Trench Conduit, and Vault
I(h,;:;:nent between the City of Aspen and Holy Cross Energy, a Colorado corporation as set
forth in instrument recorded January 6, 2000 as Reception No. 439300.
NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article vn
requires that "Every title entity shall be responsible for all matters which appear of record
prior to the time of recording whenever the title entity conducts the closing and is responsible
for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and
is responsible for recording the legal documents from the transaction, exception number 5
will not appear on the Owner's Title Policy and the Lender's Policy when issued.
NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set
forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth
said terms, conditions and exclusions, will be made available upon request.
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PRIVACY POLICY NOTICE
PURPOSE OF TillS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Stewart Title Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
· Information we receive from you, such as on applications or other forms.
. Information about your transactions we secure from our files, or from our affiliates or others.
. Information we receive from a consumer reporting agency.
. Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we have
joint marketing agreements:
. Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
. Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
File Number: 42872
Stewart Title of Aspen, Inc.
Privacy Policy Notice
Page I of 1
tfIP:."p ."p ."p -,[$ ."p ."p ."p ~; ."p ."p ."p ."p
Closser Consulting Limited Liability Company
4305 Darlcy Avcnue
Boulder, CO 80305-6027
'\00 Closser
Tel. 301.554.1432
~[()bilc 303.819.3071
[,'ax 303.494.0826
EmaiJ: aclosser@idcomm.o)1n
June 10,2005
By Federal Express
Ms. James Lindt
City of Aspen
130 So. Galena Street
Aspen, CO 81611
Re: Verizon Wireless SPA Amendment and approval of Wireless
Telecommunications Facility City of Aspen Water Treatment Plant
(Internal Reference: C03 Castle Creek, Alt. I)
Dear Jim:
As you might know, I am a land use consultant to Colorado RSA No.3
Limited Partnership, d/b/a Yerizon Wireless ("Verizon Wireless"). You met with my
colleague, David Closser, to conduct a preapplication conference on November 5, 2004.
The site is located in an area zoned Public with an SPA Overlay. You have indicated it
might be possible to amend the SPA administratively. Accordingly, I tender the
following materials for an administrative SPA amendment and approval of a wireless
telecommunications facility:
(1) Check made payable to the City of Aspen for $1495 as the filing fee, which
includes the Planning Deposit (minor) and Engineering fees;
(2) Title commitment from Stewart Title dated July 23,2004 as the proof of
ownership;
(3) Signed fee agreement;
(4) Completed Land Use Application;
(5) Authorization letter that states the name, address and phone number of the
applicant and its agent;
(6) Street address and legal description of the parcel on which the development is to
occur (see the enclosed site plan and survey and Assessor's printout);
(7) The list of all owners of the subject property, mortgages, judgments, lines, is
evident on the title commitment (see no. 2 above);
(8) 8.5" x 11" vicinity map;
(9) Site improvement survey is part of the drawing set (see LS 1 and LS2 of the
drawing package;
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(10) Analysis of applicable code criteria (9 pages total);
(11) Manufacturer's specifications for tree pole;
(12) Affidavit of David A. Closser which addresses Code sections
26.575.130(D)(E);
(13) Preapplication conference summary dated November 5, 2004;
(14) List of adjacent property owners within 300' of the property. Note, this
list may not be necessary if it is determined that the application can be processed
administratively;
(15) Photosimulation of the proposed tree pole and equipment shelter;
(16) No landscaping or grading is proposed as part ofthe development.
Therefore, no landscaping or grading plans are enclosed; and
(17) Site plan, together with elevation views, vicinity map, and survey (24" x
36" and II" x IT').
Please let me know when you want the remaining copies (17) and we will provide
them to you. If you have any questions, do not hesitate to call.
Thank you very much.
Cc: Ms. Jane Johnson (by facsimile)
l(
PLANNER:
PROJECT:
REPRESENTA TlVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
James Lindt (920.5102) and Chris Lee (920.5095) DATE: 11.05.04
Verizon Wireless Communications Tower
Dave Closser (Closser Consulting)
Yerizon Wireless
SPA Amendment (perhaps staff approval, but possibly needs review by P&Z Board)
Want to place a wireless telephone communication tower on the water treatment facility
property in an area zoned Public with an SPA Overlay. It will be designed to appear as a
large conifer to blend in to the surrounding landscape as much as possible. At the base of
the tower, a small structure will house all of the mechanical equipment that will be needed
on site. The application requires review of an SPA amendment to accommodate the
equipment building and review for the installation of a wireless communication facility.
land Use Code Section(s)
26.304 Common Development Review Procedures
26.440.090 Amendment to a Specially Planned Area (SPA) Development Order
26.575.130 Wireless Telecommunication Services, Facilities and Equipment
Review by:
· Staff for completeness.
· Development review committee (DRC) for technical considerations.
· Community Development Director.
· Planning and Zoning Commission (P&Z) for Wireless Telecom and SPA Amendment (if
Community Development Director finds request is not in compliance with insubstantial
review standards).
Public Hearing:
Perhaps. If the Community Development Director cannot approve the application
administratively, then it would go before P&Z as noted above. If a public hearing before the
P&Z is required, the Applicant must post a public notice sign on the property and mail notice to
neighboring property owners within 300 feet of the subject property at least 15 days prior to the
public hearing. Applicant will need to provide proof of posting and mailing with an affidavit at
the public hearing.
Engineering, Parks, Fire Marshall, Water, ACSD, Streets, Pitkin County
Planning Deposit Minor ($1,310 for 6 hours)
Engineering, Minor ($185)
$1,495 (additional planning hours Over deposit amount are billed at a rate of $220Ihour)
Referral Agencies:
Planning Fees:
Referral Agency Fees:
Total Deposit:
To apply, submit the following information:
f!) Total deposit for review of the application.
~. Proof of ownership.
~. Signed fee agreement.
A. Completed Land Use Application.
/i. Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address
and telephone number of the representative authorized to act on behalf of the applicant.
/6. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing
the names of all owners of the property, and all mortgages,judgrnents, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
~ An 8 1/2" by II" vicinity map locating the parcel within the City of Aspen.
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p;ite improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
This must be current (within one year) and signed by a surveyor.
A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development com lies with the review standards relevant to th ica ion. Please include existing
con I IOns as well as proposed. P ease provide a written response to all criteria.
List of adjacent property owners within 300' for public hearing. Contact Bridgette Dolan in the GIS Department
(920.5453).
Proposed elevation and floor plan drawings of the equipment building.
A photo simulation of how the proposed monopole will look in relation to the surrounding area.
Proposed landscaping and grading plan.
17 Copies of the complete applicatiou packet and maps. Submit one set to Planner prior to others.
PZ = 10; Referral Agencies = Ilea.; Planning Staff = 1
Notes:
I. Community Development Director may forward the request to the Planning and Zoning Commission if the
application is not felt to be in compliance with the applicable review standards for an insubstantial approval.
2. Planner suggests that the applicant submit one copy for initial completion review prior to making additional copies.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future and upon factual representations that mayor may not be accurate. The summary does not create a legal
or vested right.
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Affidavit of David A. Closser
I, David A. Closser, land use consultant to Verizon Wireless, based on personal
knowledge, present the following Affidavit as required by section
26.575. 130(d)(8)(E)(2) of the City of Aspen Municipal Code.
(1) The proposed Verizon Wireless cellular facility is primarily a capacity site,
designed to meet the needs of the ever increasing number of Verizon Wireless
customers in the City of Aspen. This site is specifically intended to off load an
existing site within the City of Aspen. Each cellular site can only handle a fixed
number of calls, and when the number of users surpasses the capacity of the
existing cell sites, the user begins to experience busy signals and dropped calls.
(2) It is anticipated that cellular telephone coverage at the lower end of Maroon
Creek and Castle Creek roads will be improved. To a lesser extent, coverage
will improve slightly at the base of Aspen Highlands.
(3) Presently, Verizon Wireless has two facilities serving the City of Aspen.
The site at the St. Regis Hotel is experiencing significant capacity issues. This
site will off load that installation, yet will improve the service at the round-about at
the intersections of Maroon Creek and Castle Creek roads.
(4) This piece of property was selected for several reasons. First, because it's
fairly far south and does not have direct line of sight with the existing site at St.
Regis Hotel, which can cause intra system interference. Second, it sits up fairly
high with good line of sight to the north. Line of sight is necessary between a
cellular facility and the cellular phone user.
(5) The existing topography is a remote hillside. Placement in this somewhat
removed location will mitigate potential impacts associated with the installation.
Additionally, there is extensive vegetation surrounding the site which will help to
screen the facility.
(6) There are no existing telecommunications facilities in this area that are
suitable for collocation which would meet Verizon Wireless' precise capacity and
coverage needs for the installation.
(7) There are no existing structures such as buildings, church steeples, cupolas,
ballfield lights or other such structures suitable for mounting the antennas.
(8) Several locations were considered before the City property was selected:
a) City of Asoen Maintenance Center at the Golf Course. comer of Hiahway
82 and Cemetery Lane. This site had line of sight to existing Aspen sites
(St. Regis Hotel and Mill Street Plaza) which can cause problems within
the system. Also, a tower would have been required at this location and
would have been difficult to conceal. This location is actually the third
order of preference as described by Code section 26.575. 130(E)(2) for
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facility placement. A tower at the golf course, immediately adjacent to
Hwy. 82, would have had significant visual impacts for motorists and
those recreating on the golf course.
b) HosDital. This location was better from a line of sight perspective, but was
building was not tall enough, and the base elevation of the building was
lower than the City water treatment plant. The hospital had plans for
substantial remodeling in the near future which would require Verizon
Wireless to move its facility.
c) ASDen Recreation Center. Building mount antennas were considered
here. Coverage line of sight requirements couldn't be met at this location,
as it would have been blocked by the ridge which separates the Castle
Creek drainage from the Maroon Creek Road, defeating the essential
purpose of this installation, to off load an existing downtown Aspen site.
d) Schultz Health & Human Services Buildino. This location would likely
have been the second choice for the proposed installation. Building
mount antennas would have been utilized. However, this location did not
meet coverage line of sight requirements as well as the chosen site. The
City property is up higher and has a greater vantage pOint relative to
potential cell phone users. There were space limitations, which may have
prohibited placement of the cellular telephone equipment shelter at the
Schultz building. This alone would have killed this as an alternative site
location.
e) This historic church at the intersection of Maroon Creek Road and Castle
Creek Road was considered briefly. However, for obvious reasons, both
aesthetic and the fact that this is a historic structure with landmark
significance, this location was not pursued.
David A. Closser personally appeared before me this 10th day of
June, 2005
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
Subscribed aJId..-orn to before me this 10th day of June, 2005 by
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Ann S. Closser, Notary Public
4305 Darley Avenue
Boulder, CO 80305-6027
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APPUCANT:
Name: Veri ~n<'L. I;();,...(..& >
Location: w'.f..er Tr0-...e...-( F',.,,'/; ,9ro @,!. .vf SOo '/). hI-He Jr,
(Indicate street address, lot & b ock n her, legal description where appropriate)
Parcel ID # (REQUIRED) 2 7'3 .;-/? 'Z 0 I{ J' '2 ~
ATTACHMENT 2-lAND USE APPLICATION
REpRESENTATIVE:
Name:
Address:
Phone #:
~ae ((o~.ser.
280, J" j@h~
5D.-" - !>~27
SScr
ConJ_II'h
goo/I. er if).
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FDJor'
PROJECT:
Name:
Address:
Phone #:
TYPE OF APPUCATION: (please check all that apply):
w;,.("ss 7';,(e<o""'.oi'...(,"", (;,,/11'7 0'" W..~r T~-/ /;..)/1" I'nary,L'-7
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0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt
0 Special Review 0 Final PUn (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 GreenIine, Stream 0 Subdivision Exemption (includes 0 Small Lodge Convernion/
Margin, HaUam Lake Bluff; condominiumization) Expansion
Mountain View Plane /-1,-
0 Lot Split 0 Temponuyuse li!1J Other: wi"I", TiJeeomn.vnt.
0 Lot Line Adjustment 0 Te~Amendment n.,il"714/""'",,lr,it'y. l1e "';...-
""
EXISTINGCoNDmONS: (description ofe~ buildings, uses, previOIlS approvals, etc.)
U....)eve-Io~e) La.~
I
PROPOSAL: (description ofpl'Oposed buildings, uses, modifications, etc.)
..... 10'" 0' r (r;-~ He t( f'
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Have you attached the folIowing!
!Xl Pre-Application Confurence Summmy
lEJ Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.S" x 11" must be folded and a floppy disk with an eIeetronic copy of aU written
text (Microsoft Word Format) must be sullfnitted as part of the application.
F'EEsDUE:$ /,'I9r
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A2reemeBt for Pa_t of Citv of Asoeoo DeveloomeBt AoDlkatioa Fees
CITY OF ASPEN (hereinafter CITY) and h...... C/.,,,, {/o",,,,' (on,v!i,'''J LLC -F;,,...
~r;~ol"- W;re kS5 -
(hereinafter APPLICANT) AGREE AS FOLLOWS:
trcJ....--I hc,' 1,1.. fr. ~rf
(hereinafter, THE PROJECf).
2. APPLICANT undcrsIands and agrees that City of Aspen Ordinanee No. 57 (Series of
2(00) eslablishes a fue slrudure fur Land Use appIicalions and the p&ymeot of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLlCANf and CITY agree that because of the size, nature or scope of the JA~
project, it is not po.sible at this time to asc:erlIIin the full _ of the costs involved in processing the
application.. APPLlCANf and CITY further agree that it is in the intaest of the parties that APPLICANf
make payment of an initial deposit and to theradler permit additional costs to be billed to APPLlCANf on
a monthly basis. APPLICANf agrees additional costs may accrue fullowing their hearings andfor
approvals. APPLICANT agrees be will be benefited by relaining greater cash liquidity and will make
additional paymenls upon noIificalion by the CITY wIallhey are necessmy as costs are inaJm:d. CITY
agrees it will be benefited through the greater c:ertainty of recovering its full costs to process
APPLICANT'S applicalion,
4. CITY and APPLlCANf further agree that it is impnrcticable fur CITY staff to complete
processing or present sufficient infurmation to the Planning Commission andIor City Council to enable the
Planning Commission andIor City Council to make legally required findings fur pro,jel:t consideration.
unless current biDings are paid in full prior to decision.
5. Therefure, APPLICANT agrees that in consideration of the ClTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLlCANf shall pay an initial
deposit in the amountof$ which is fur hours of Community Development staff
lime, and if actuaI recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly
hillings to CITY to reimhurse the CITY fur the processing of the applicalion mentioned above, including
post approval review at a rate of$205.oo per planner hour over the initial deposiL Such periodic payments
shall be made within 30 days of the hilling date. APPLlCANf further agrees that fililure to pay such
accrued costs shall be grounds fur suspension of JIf"""'l"'''& and in no case will building permits be issued
until all costs associated with case processing have been paid.
CITY OF ASPEN
By:
JaDe Aau Woods
Commaaity Develop.eat Director
APPUCANT
By: (J q "c- t.1o )" fl' ,..-
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Date:
g:lsupportlfonaslagrpayas.doc
6/05/03
BiIIiIIg Address aud Telepiloue Nalllber:
Reauired
t!oHer COh.)v/h", LLc.
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Closser Consulting Limited Liability Company
4305 Darley Avenue
Boulder, CO 80305-6027
,\nn Closser
August 29 2005
Tel. 303.554.1431
Mobile 303.819.3071
Fax 303.494.0816
Emai1: aclosscr@iJ(()mm.c()/TI
By Federal Express
Ben Gagnon
City of Aspen
Special Projects Planning
130 So. Galena Street
Aspen, CO 81611
Re: Verizon Wireless Facility
City of Aspen Water Treatment Plant
(Internal reference: C03 Castle Creek, Alt. I)
Dear Ben,
Consistent with our phone conversation on July 18, I provide the following
information:
(I) A survey and site plan which illustrate the existing vegetation and contours is
enclosed. Note LSI and 21 of the drawing set.
(2) The area to be cleared is illustrated on page 21 of the drawing set. See also the
picture which illustrates the lease area. This picture gives a good indication of
the trees which will have to be removed to construct the facility.
(3) The total height of the tree pole has been reduced to 35'.
(4) Apparently you discussed the landscape plan with Dave Closser. He advises you
agreed, it will not be necessary to illustrate the landscaping at this time. Rather,
this determination will be made at the time of plan review by the zoning
administrator.
(5) A note has been added to the drawings that the light on the shelter will be down
directional. The height of the light will not exceed 12' from grade. The light will
only be on during a maintenance visit while it is dark out.
'.
I""
......,....
.......,
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(6) The color of the shelter (aggregate finish) has been called out on the drawings.
The wave guide bridge from the shelter to the tree pole will also be an aggregate
color.
(7) With respect to Code section 26.575. l30(D) Application (5) Lighting: You have
discussed this with Dave. The tower will not be lit. There will be one down
directional light on the 11 '6" shelter, which will only be on while a technician is
at the site during nighttime. Also, routine maintenance visits are typically
handled during business hours.
(8) In response to Code section 26.575.l30(D)(6) Structural Integrity, a soils test was
performed. Based on that data, a licensed structural engineer will make a
foundation recommendation for the tree pole. Wet stamped drawings which
illustrate the structural data relative to the tree pole will be tendered at the time of
building permit submittal.
(9) As required by Code section 26.575.130(D)(7), it has been determined that the
facility will not present a hazard to air navigation under Part 77 ofthe Federal
Aviation Administration Regulations. The facility will at all times comply with
the FCC regulations governing maximum radio frequency and electromagnetic
frequency emissions. In fact, the emissions will be no greater than 1% of the
operative standard.
I hope I have addressed all of your concerns. If not, please advise and I will
respond immediately. When do you envision a final decision on the matter.
Ann S. Closser
J~
Cc: Ms. Jane Johnson (by facsimile without enclosures)
1
November 17, 2004
Closser Consulting
Limited Liability Company
B05 Darley Avenue
Boulder. co 8030')-6027
Ann Closser
.
ver'Z2L1wireless
Pwuhk :)()5,Nl(),_~O-J
Td _-)().l.s,:; L l.j5~
LI' :,>():<-. 1(J1.(lS2()
EI]uil: :1l'l()"'"T''r7idoIIl1l11,C(11l1
Verlzon Wireless
8350 East Crescent Pkwy., CO 510
Suite 400
Englewood, Colorado 80111
City of Aspen Community Development
Attn.: James Lindt
130 S. Galena St.
Aspen, CO. 81611
Re: Verizon Wireless SPA amendment for a Telecommunications Facility on
the City Water Treatment Facility Property (Internal reference: C03
Castle Creek, Alt. 3)
Dear Mr. Lindt:
I am a Real Estate Analyst for Colorado RSA No.3 Limited Partnership d/b/a
Verizon Wireless C'Verizon Wireless"). On behalf of Verizon Wireless, I authorize Closser
Consulting, LLC to process any and all land use approvals to enable Verizon Wireless to
construct and operate a wireless telecommunication facility on the property described
above. I understand that an SPA amendment will be required, received either
administratively or through a public hearing process. This authorization extends to any
and all approvals which are required. This authorization encompasses all actions
necessary to secure the requisite approvals.
Please do not hesitate to phone with any questions you might have. I may be
reached at: 303.694.8966. Thank you.
Jane F. John n
Analyst - Regulatory/Real Estate
Verizon Wireless
(303) 694-8966 Desk
(303) 694-5696 Fax
iane.iohnson@verizonwireless.com
cc: Dave Closser, Closser Consulting
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LATHROP TAD N & STEPHANIE M
PO BOX 2779
ASPEN, CO 81612
MACAYEAL IAN 1/2
6 E WATER PL
ASPEN, CO 81611
MERRITT ROBERT C
DARNAUER JEANETTE R
51 TWIN RIDGE DR
ASPEN, CO 81611-3131
MURRAY LEON R
12 E WATER PLACE
ASPEN, CO 81611
ONEIL DENNIS & SHARON
101 GROVE CT
ASPEN, CO 81611-3134
PODHURST AARON S & DOROTHY E
TRUSTEES
25 W FLAGLER ST
MIAMI, FL 33130
READY RANDY & CHERYL
CIO CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
RRF CORPORATION
RICHARD I FURMAN CIO
1001 S BAYSHORE DR STE 1400
MIAMI, FL 33131
RYMAN KAREN L
343 GROVE CT
ASPEN, CO 81611
SILVER MORTON FREDRIK & ELLEN
ORDA
45 E 89TH ST
NEW YORK, NY 10128
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LEE BRUCE LANDON
141 GROVE CT
ASPEN, CO 81612
MACLEAN ANNE
303 GROVE CT
ASPEN, CO 81611
MOORE FAMILY PUD MASTER ASSOC
INC
C/O KAUFMAN & PETERSON PC
315 E HYMAN #305
ASPEN, CO 81611
NICHOLS BRIAN & NANCY
19WWATERPL
ASPEN, CO 81611
PATTERSON PAUL T & PATRICIA 0
499 MEADOWOOD DR
ASPEN, CO 81611
POLOVIN DAVID L
PO BOX 4382
ASPEN, CO 81612
RINTOUL AMY V
161 GROVE CT
ASPEN, CO 81611
RUBIN NANCY HIRSCH QPRT
3035 CHAIN BRIDGE RD NW
WASHINGTON, DC 20016
SCHUBERT JANICE M
710 HEARTHSTONE DR
BASALT, CO 81621
SLATTERY BRIAN
5 E WATER PL
ASPEN, CO 81611
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LINN WILLIAM V & NATASHA B
13 E WATER PLACE
ASPEN, CO 81611
MAGNUSON RICK
17 E WATER PLACE
ASPEN, CO 81611
MOUNTAIN OAKS EMPLOYEE HOUSING
ASPEN VALLEY HOSPITAL
200 CASTLE CREEK RD
ASPEN,CO 81611
ODONOVAN DENIS & JOHN
262 GROVE CT
ASPEN, CO 81611
PITKIN COUNTY
530 E MAl N ST STE 302
ASPEN, CO 81611
PRESS DAVID H & SHARI J
PO BOX Q
ASPEN, CO 81612
ROGERS J W
595 ORLEANS 15TH FL
BEAUMONT, TX 77701
RUNGE CLIFFORD R
123 LARKSPUR LN
ASPEN,CO 81611-3329
SHERMAN CAROL
889 S STARWOOD DR
ASPEN, CO 81611
STRONG ROSEMARY
STRONG BURNAND ALIA
60 TWIN RIDGE DR
ASPEN, CO 81611
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ADEH NICK & EDNA
14 E WATER PLACE
ASPEN, CO 81611
BERGMAN CARL R & CATHERINE M
PO BOX 1365
ASPEN, CO 81612
CHRISTIAN RONALD E & JOY R
18 W WATER PL
ASPEN, CO 81611
CONSUEGRA LINDA
9 WATERS PLACE
ASPEN, CO 81611
DAKS CALVIN Z
889 S STARWOOD DR
ASPEN, CO 81611
DOBSON MAUREEN M
7 E WATER PL
ASPEN, CO 81611
GOLDSBOROUGH NEAL
4 E WATER PLACE
ASPEN, CO 81611
HAGERTY KEVIN JOHN & ELIZABETH B
15 E WATER PL
ASPEN, CO 81611
HOOD JEFFREY M 1/2
121 GROVE CT
ASPEN, CO 81611
KULIK PAUL
10 E WATER PLACE
ASPEN, CO 81611
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ANDERSON TIM
11 E WATER PLACE
ASPEN, CO 81611
BLOEMSMA PHILIP
0074 TWIN RIDGE DR
ASPEN, CO 81611
CLAUSEN DAVID L
1 E WATER PL
ASPEN, CO 81611
CROSS SUSAN K
242 GROVE CT
ASPEN, CO 81611-3139
DAVIS DANIEL L & BRENDA L
3 E WATER PL
ASPEN, CO 81611
DUFFEY MARY A
PO BOX 3652
ASPEN, CO 81612
GRAMIGER HANS R
739 25 RD
GRAND JUNCTION, CO 81505-9511
HARDER DEBORAH H
1 09 TWIN RIDGE DR
ASPEN, CO 81611
KELLY KATHLEEN
8 E WATER PL
ASPEN, CO 81611
LARKSPUR HOLDINGS LLC
CIO CROCKETT ST MANAGEMENT
200 NAVARRO ST #200
SAN ANTONIO, TX 78205
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530 E MAIN ST #001
ASPEN, CO 81611
BURSON GEORGE S JR & KATHIE L
90 TWIN RIDGE DR
ASPEN, CO 81611
CLUB PROPERTIES INC
1 GROVE ISLE DR #1501
MIAMI, FL 33133
CROWLEY JAMES P III
21 W WATER PLACE
ASPEN, CO 81611
DESGEORGESJOHN
202 GROVE CT
ASPEN, CO 81611
DURHAM FREDERICK C & STEFANIE D
323 GROVE CT
ASPEN, CO 81611
GREGG JASON A & URSULA M
660 MOORE DR
ASPEN, CO 81611
HEGER FRANK
HEGER CARLA AS JOINT TENANTS
222 GROVE CT
ASPEN, CO 81611-3139
KIERNAN MARC
161 GROVE CT
ASPEN, CO 81611
LATHROP JACQUELINE SUE 1/2
4340 JORDAN DR
MC FARLAND, WI 53558
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SWIM JOHN & STEPHANIE
300 AABC UNIT E
ASPEN, CO 81611
TOMB WILLIAM
TOMB SHERRY MIKOS
40 TWIN RIDGE DR
ASPEN, CO 81611
WACHS EDWARD H JR
PO BOX 405
ASPEN, CO 81612
WARE TIMOTHY B & DEBORAH J
455 DOOLITTLE DR
ASPEN, CO 81611
WEINKLE JULIAN & MARY NORMA
61 PRIMROSE PATH
ASPEN, CO 81611
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THAU HAROLD A & DOROTHY A
0536 MEADOWOOD DR
ASPEN, CO 81611
VANDINE FAMILY TRUST
2132 PASEO DEL MAR
PALOS VERDES, CA 90274
WALDBAUM LEONARD
303 E 17TH ST STE 940
DENVER, CO 80203
WATER PLACE HOMEOWNERS
ASSOCIATION
CIO CITY ATTORNEY
130 S GALENA ST
ASPEN, CO 81611
WRITER SUZANNE BEAUDETTE
PO BOX 9705
ASPEN, CO 81612
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THISSELL MARINA L C 1/2
121 GROVE CT
ASPEN, CO 81611
VAUGHAN MATT
8 E WATER PL
ASPEN,CO 81611
WALLA JOHN 0 & JEAN 0
PO BOX 161
ASPEN, CO 81612
WElL KIM & BETSY SCHEINKMAN-
77 TWIN RIDGE DR
ASPEN, CO 81611
ZANE EDWARD JR
LIEBMANN ANNA
54 TWIN RIDGE DR
ASPEN, CO 81611
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1) Proposed Verizon Wireless Telecommunications
Fadlity on Water Treabnent Fadlity Property
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1/6/05 - Closser ConsuIU,,?,LLC
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P,oiect Slalus lpencing
D.'e/ipt"" RIZON WIRELESS PROPOSES LEASING A ll'X 4O'PAACn FROM COA TO
INSTALL A 12' X 26' EQUIPMENT SUILDIN & A 36' TALL MONOPOLE WITH
TENNAS AT THE TOP. WILL SE A "STEALTH" TREE DESIGN.
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28(l; STEPHENS RD
BOULDER CO B0305
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