HomeMy WebLinkAboutbocc.res.078.2009RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS OF PTTKIN COUNTY,
COLORADO, GRANTING APPROVAL FOR THE SPRINT/NEXTEL - ASPEN SPORTS CAR
CLUB, LLC SPECIAL REVIEW FOR A CELLULAR FACILITY, ACTIVITY ENVELOPE AND
SITE PLAN WITH SCENIC REVIEW
Resolution No.~7~2009
RECITALS
Sprint/Nextel - Aspen Sports Car Club, LLC (`Applicant°) has applied to the Board of County
Commissiouers of Pitkin County ("BOCC") for Special Review approval Yo locate a new
communications facility, including a 40-foot wooden tower, up to two sets of three antennas shrouded
in stealth canisters, a four foot microwave dish, radio/electrical equipment panels and ancillary
equipment. The new facility has been designed to accommodate two (2) private cellular telephone
service providers. The Applicant is alsa requesting designation of an Activity Envelope and approval
of a Site Plan with Scenic Review for the new facility.
2. The properiy is located at 550 Raceway Drive, contains 45 acres in Section l6, Township 9, Range
85, West of the 6~' P.M.; the parcel is described more specifically in Exhibit "A".
PID #2643-164-00-047.
3. The lease parcel is zoned RS-20 and contains ],600 square feet.
4. The $OCC heard this application at a duly noticed public hearing on October 14, 2009 and October 28,
2009, at which time evidence and testimony were presented with respect to this application.
5. The BOCC finds that the proposal is consistent with the applicable criteria in the Pitkin County Land
Use Code.
6. The BOCC further finds that the parcel is an appropriate location to develop the tower, and that a
non-stealth design and no landscaping are appropriate to limit the visual impact as seen from
Highway 82.
7. The BOCC further finds tl~at it is appropriate to accommodate two private cellular telephone service
providers on the new tower, even though it will increase the visibility and height of the tower, in
order to accomplish the County's goal of co-locating telecommunications facilities in an effort to
avoid the establishment of new facilities in undeveloped locations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby
grants approval far the development of the Sprint/Nextel - Aspen Sports Car Club, LLC Cellular Facility,
Activity Envelope and Site Plan with Scenic Review subject to the following conditions, which shall run
with the land and be binding on all successors in interest:
The Applicant shall adhere to all material representations made in the application and public
meetings.
RECEPTION#: 554645, 11J19I2009 at
12:29:45 PM,
1 oF 11, R$0.00 Doc Code RE50LUTION
Janice K. Vos Caudill, Pitkin County, CO
Resolutior~ Na d ~-2009
Page 2 -
2. All previous conditions of approval on the property shal] remain in effect unless modified by tenns of
this approval.
3. Priar to building permit application, the Applicant shal) be required to submit for approval by the
County Attorney and Community Development Director a Site Plan with an Activity Envelope in
accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above
referenced approvals shall be a condition precedent to finalization and recordation. The Mylar copy of
the plat shall be signed by the owner prior to submittal for recording. The plan sha11 also incorporate
the following changes:
A. The Site Plan, title & signage sheets (T].0, A2.0, A2.1 and A3.0) shall all utilize and include the
title, "Aspen Sports Car Club, LLC - Sprint/Nextel Activity Envelope and Site Plan for a Cellular
Facility";
B. Clearly designate and label on all submitted drawings the "Activity Envelope" from the "Lease
Area ';
C. Label the access envelope along the e~isting gravel driveway;
D. Provide (1) 1" = 20' plan view of the site with all pertinent property line setbacks as described by the
Land Use Code in addition to the Special Review setbacks;
E. Remove the 6' cedar fence from all depictions;
F. Remove the canister pole and repiace with a wooden utility pole.
G. Include a legal description on the Title Page and Site Plan (T1.0 and A2.0) and tbe parce]
identification number on all pages.
H. Change `administrative site plan' to "Activity Envelope, Site Plan and Special Review" in tl~e
`Community Development Approval" signature block.
I. Change the "Acceptance for Recording" signature block to the correct format for the Clerk &
Recorder Acceptance for Recording.
J. Include a signage block for the Pitkin County Board of County Commissioners in the correct format.
Ik. Remove the "Certification of Dedication and Ownership" block and replace with the Disclaimer
signature block, to be signed by both the Owner and Applicant, which states "Environmental hazard
areas esist that might affect the properiy, any improvements and occupancy thereof';
L, Add the following plat notes
1) The site is mapped within a Medium Wildfire Hazard Area.
2) The parcel is mapped as Mule Deer Summer and Overall Range and Elk Overall Range.
3) No development shall occur within the property setbacks for the parcel without approval for a
setback variance from the Board of Adjustment.
4. No structural development in excess of thiriy (30) inches as measured from natural or finished grade,
whichever is most restrictive, shall occur within the setbacks of the lot. Any development located
within setbacks mandated by County zoning regulations that does not comply with these restrictions
shall require a variance from the Board of Adjustment. Approval of an activity envelope wifhin such
setbacks does not assure approval of a variance.
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Resolution No.~Jy~ -2009
Page 3
5. Prior to building permit submittal, the Applicant shall record a copy of the ]ease ageement between
tl~e carrier and the property owner. The entire extent of the lease shall run for a period, including all
renewal terms, of no longer than nineteen (19) years. Said lease shall not include any conditions
limiting or precluding the property owner from allowing other private cellular companies from
leasing space on the same parcel. Said lease shall be submitted with any building permit for review
and approval by Community Development.
6. Priar to any future building permit submittals, the Applicant/Property o~mer shall submit a Weed
Management Plan and Revegetation Plan for the earthen berm which spans the southern property line,
to the Community Development Department for review ai~d approval. Said plans shall include a time
frame for work completion.
7. Prior to any future building permit submittals, the Applicant/Property owner shall resolve the issue of
the storage containers on the parcel to Pitkin County's satisfaction via the remova] of or obtaining the
proper permits/approvals required to retain the containers.
8. The two-story structure located thirty-two (32) feet from the SprintlNexYe1 lease area (Exhibit C) shall
not be utilized as a residential dwelling of any kind without specific approval of Pitkin County.
9. Prior to issuance of any building per~i~it(s) for the facilities, the Applicant shall:
A. Submit a drainage and erosion control plan for review and approval by the Planning Engineer.
All slopes steeper than 2:1 shall utilize erosion control blankets.
B. Submit a construction management plan for review and approva] by the Planning Engineer.
C. Submit proof of outdoor rated, fire retardant treatment for/of t1~e towers, including, but not limited
tq specific treahnent MSDS and maintenanceheapplication schedule for approval by the
Community Development Department and Aspen Fire Marshal.
D. Submit a fire mitigation plan for the structures and access to the lease area, including fire equipment
turnaround for review and approval by the Aspen Fire Protection District and Planning Engineer.
Applicant shall also include an emergency location plan for the trailer and associated diesel-fueled
backup generator and fuel tank.
E. Submit and obtain an Access Permit, as necessary, acceptable to the Plaruling Engineer and Aspen
Fire Protection District.
10. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit review.
Structures represented in the application might not be permitted under building and zoning regulations.
11. All development associated with the facility shall occur within the activiry e~rvelope.
12. All areas disturbed by construction of tl~e facilities sha(1 be re-vegetated witl~ native sl~rubs and
grasses within one growing season of the projecTs completion. Any vegetation which is disturbed
during construction shall be restored to its original condition. Planting used for restoration shall be
similar to the existing vegetation in the area. Applicant must adhere to use of Pitkin County Seed Mi~
for re-vebetation of area
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Resolutron Na Q~° -2009
Page 4
13. Prior to commencement of any earthmoving or other construction activity, tbe Applicant shall stake
the corners of tl~e activity envelope and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Letter of
Completion.
14. No advertising sign or logo shall be permitted on a~ry of the equipment associated with the facility.
15. The Applicant, owner and/or operator of the cellular facility shall submit at building permit
application, and maintain current at all times, complete contact and site information to be kept by the
Cominunity Development Director. This information shall include, but is not limited to the
following:
a. Identity, including name, address and telephone number including official identification
numbers and FCC certification, and if different from the owner, the identity and contact
information of the person or entity responsible for operating the facility.
b. Name, address and telephone number of a local contact person for emergencies.
c. Type of service provided.
16. The Applicant, owner, ar operator of the facility shall maintain, at all times, a sign mounted ou the
entrance gate, showing the operator name, site number and emergency contact number. The sign
shall not exceed three square feet in size, meet the requirements in Section 7-60-50(a) (d) (e) of
the Land Use Code, and shall be placed on the entrance gate to the property.
17. Any Federal Communication Commission (FCC) licensed telecommunications carrier which is
purchasing, leasing or is considering a transfer of ownership of the approved facility, sl~all submit a
letter of notification of intent to the Commw~ity Development Director.
18. The wooden utility pole, including the pedestal and base shall not exceed 40 feet in height. The
maximum pennitted height shall be measured above the natural or finished grade, whichever is most
restrictive, and shall include any antennae or other projections.
19. Tlle mounting hardware, stealth canisters and microwave dish shall be designed and painted a
brown/green, non-reFlective color to blend with the surrounding hillside backdrop and shall be
substantially consistent with the image provided in Exhibit B. Color samples shall be submitted to
dte Community Development Department prior to the issuance of the building permit.
20. The finished height of tl~e radio/electronic and ancillary equipment shall not exceed fifteen (]0) feet
in height above the natural or finished grade, whichever is most restrictive. This equipment shall be
designed and painted a brown/green, non-reflective color to blend into the natural hillside backdrop
and shall be substantially consistent with the image as provided in Exhibit B. Color samples shall be
submitted to the Community Development Department prior to the issuance of the building permit.
2]. All equipment associated with the facility, including tl~e diese]-fueled backup generatar must comply
with the noise ordinance specifications as described in the Pitkin County Code, § 6.36.030.
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Resolution No.b /~ -2009
Page J
22. T'he Applicant shall maintain the wireless communication facility (tower and associated equipment)
in good condition and shall agree to reasonable repairs and replacements of equipment, stealth and
structural components, due to damage caused by outdoor esposure and/or inclement weather. Under
this condition, if the tower, stealth canisters or microwave dish, among others, fade in color due to
outdoor exposure, tlte applicant shall repaint ar replace sucl~ components within 90 days of written
notice by the Community Development Director. If the work cannot be completed within 90 days,
the applicant shall provide the County with a bond or certificate of deposit in the amount of the
valuation of the requested repair and completion timelines to guarantee the work.
23. The facility shall operate at all times in compliance with all Federal Communications Commissions
(FCC) standards for Radio Frequency Radiation (RFR) emission levels. Access shall be provided
upon request to Pitkin County to conduct an independent RFR emission study to ensure that the tower
equipment is operating within those FCC standards. ]f said emissions exceed safe RFR emissions
standards, as defined by the FCC, then said emissions levels shall be remedied by the property owner
within five (5) working days of notice by Pitkin County. Such remedy shall be confirmed within
those five (5) warking days by independent RFR measurement at the facility owner's expense. If the
remedy is not available within 5 days of notice by Pitkin Comity, the equipment generating the
excessive RFR emissions shall be turned off until a remedy is operational.
24. Eateriar ligl~ting associated with tt~e telecommunications facility, if required, shall be limited to one
(1) small, fully shielded light with a motion detector/photocell combinarion, on a ma~imum ten (10)
foot pole, facing away from Highway 82 and will meet all Lighting Code Standards as outlined in the
Pitkin Counry Land Use Code and all Building Codes as specified by the National Electrical Code
(NEC) in use~ at the time of building permit submittal.
25. The Applicant shall comply with all requirements of the Aspen Fire Protection District regarding fire
safety which may include either installation of an automatic fire extinguishing system and/or
installation of a remote monitoring system, and/or such other compliance techniques, subject to the
review and approval of tl~e Aspen Fire Marshal prior to the issuance of building permits for the
project.
26. The Applicants shall comply with the following general conditions regarding wildlife:
A. When existing native vegetation must be altered within the Activity Envelope, the Applicants
may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation
plan may substitute (in a nearby area on the subject property) vegetation equal in t~~pe and
quantity to that being removed to mitigate effects on wildlife species. Should there be no
opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting the
same species may be required, or financial mitigation may be paid into a County habitat
mitigation fund should such a fund be established in the future.
B. Manipulation of vegetation outside of the Activity Envelope is prohibited.
C. Mesh or woven wire fences are prohibited outside the Activity Envelope.
D. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not
exceed fifly-four (54) inches in 1~eiglit above ground level, and twelve (l2) inches in width (top
view), and shall have at least eighteen (18) inches between the lower two (2) rails.
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Resolu[ion Na6~~ -2009
Page 6
E. Wire fencing must be three (3) strands or less. The top wire should be a twelve-point-five (]2.5)
gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands
(which may be barbed) should be located a minimum twelve (12) inches apart and from the top
wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen
(16) inches from the ground.
F. Tall overly matare trees and standing dead trees (snags) should be retained at the rate of two (2)
to five (5) per acre whenever possible as nesting and perching habitat.
G. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the
Activity Envelope. This does not include pre-existing native trees and shrubs.
H. Development shall be clustered to the maximum eatent possible to minimize impact on wildlife.
I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or
otherwise managing wildlife.
J. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These
containers shall be accessible to and used at ali times by contractors on site.
K. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and
be at least ten (10) feet from the gound suspended beh~een two (2) trees or posts. A]1 seed
feeders shall i»clude a seed catchmeut pan to catch discarded seed.
L. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
M. Pet food shall not be ]eft outside,
N. No dogs shall be allowed.
27. The Applicant sl~all comply with the following standards for Development in a Moderate Wildfire
Hazard Area:
A. Defensible Space: Tbe area around all buildings/structures, limited by property boundaries ihat
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows (note: actual vegetation manipulation to
meet these conditions may not be necessary where tl~e natural vegetation patterns have already
fulfilled these conditions):
1) Within riventy-five (25) feet of all facilities, including but not limited to the tower,
radio/electronic equipment and other auxiliary equipment, the area should be cleared of ali
vegetation and replaced with a noncombustible hardscaped surface with a weed/grass barrier
underneath. The area shall remain clear of al] vegetation, including weeds.
2) Beyond the 25' area and up to 50' of all facilities, shrubs/brush shall be removed.
3) The Applicant sha11 be responsible for tl~e continued maintenance of the defensible space
vegetation requirements.
B. Maintenance and Miscellaneous Requiremeirts
1) Lease area shall be kept clear of all litter, slash and flammable debris and weeds.
2) All flammable materials shall be stored on a parallel contour a minimum of fifreen (15) feet
away from any structure.
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Resolz~tion No.Q~D -2009
Puge 7
3) No weeds and grasses are allowed within tlie twenty-five (25) foot hardscaped perimeter.
4) Tl~e portable diesei-fueled backup generator and diesel tank shall meet the Nation Fire
Protection Codes and placed on a contour away from the structure with standard defensible
space vegetation mitigation around any aboveground tank. Any wood enclosure around the
tank shall be constructed with materials approved for two (2) hour fire-resistive construction
on the exterior side of the walls.
5) The nearby office building structure shall ]tave a minimum of one ten (10) pound ABC fire
extinguisher.
6) The address shall be clearly marked with two (2) ioch non-combustible letters and shall be
visible at the primary point of access from tl~e public or common access road and installed on
a non-combustible post.
28. Upon completion of all construction, re-vegetation and removal of any excavated materials, the
facility will be evaluate~d for compJiance witl~ the conditions of approval herein and the building
permit. A Letter of Completion shal] be issued when all conditions are met.
24. The Applicant, owner or operator of said facility~ shall provide written notificaGon to the Community
Development Director upon cessation of operatioiis at the site. The applicant sl~all remove all
obsolete or unused facilities from the site within 6 months of termination of its ]ease, cessation of
operations or e~piration of its permit, subject to the determination of the Planning Director that the
use of the site has ceased for a period of 6 months. Tl~e site shall be restored to the original condition
(grass/forb vegetation) using Pitkin County Approved Seed Mi~ for re-vegetation. Should the
equipment owner fail to effect such removal, the property owner shall be responsible far the removai
of the equipment and restoration of tl~e site.
30. Statutory vested rigl~ts for the approval contained herein are granted pursuant to the PiYkin CounYy
Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land
Use Code § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on October 28, 2012.
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Resolulion NoD7`d-<009
Page 8
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 13th DAY OF SEPTEMBER, 2009.
APPROVED ON THE 28`h DAY OF OCTOBER, 2009.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON 1/-~ cj - G' y
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
~ ~ ~%(r
i , -''-...i?~~ "=~~. L 1 /~ ~/~~.~'~..;~.L ~~'~ ~~~ ~` .
Patty Kay-Clapper( Chair
APPROVED AS TO CONTENT:
~ ~ {
~ ., ~.. L
md ouben
Community Development Director
PID#2b43-164-00-047
Case #P063-09
ATTEST:
Jones, Clerk to~he BOCC
APPROVED AS TO FORM:
__ `
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C _ ___.__._.. ___
._ __.__.._~.,~
John Ely
~ County Attorney
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Resolution Na6~-2009
Page 9
EXHIBIT A
Legal Description
Subdivision: M/B WOODY CREEK Section: 16 Township: 9 Range: 85 THAT PORTION OF
THE SE4 OF SEC 16-9-85 W CONT 45 ACRES OF LAND MORE OR LESS BK ] 99 PG 162
SEE DEED 1N BK 389 PG 176 PITKIN COUNTY RECORDS BK 456 PG 67
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