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Home My WebLink Aboutbocc.res.049.2010ZO oU � �� ,� c C� � � d c � U N � � N "" d � Q O� �o v = �� 0 r � � � a ca � � � OQ`��' I� co � aC a� w c; �' � c� � �- �� oQ� RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE BALLENTINE HOLDINGS, INCJSPRINT-NEXTEL SPECIAL REVIEW FOR A TELECOMMUNICATION SITE AT THE ASPEN AIRPORT BUSINESS CENTER Resolution No.O�-2010 RECITALS 1. Ballentine Holdings, Inc./Sprint-Nextel Communications ("Applicant") has applied to the BOCC for Special Review approval of an automated wireless telecommunication facility that includes three 12' whip antennas mounted on the roof, and radio equipment Iocated within the existing building. 2. 3 The property is located at 0304 Aspen Airport Business Center (Sherwin Williams Building) Block 3, Lot 2 AABC. PID#2643-344-03-344. The property is zoned B-2 and contains 41,942 square feet. The property is conforming in size. 4. The BOCC heard this application at a duly noticed public hearing on April 14, 2010, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the proposed telecommunications facility is appropriate and does not have any substantial visual impacts .on the surrounding area. 6. The BOCC finds that the proposal is consistent with the applicable master plan and the Special Review Criteria in Land Use Code Sections 2-30-30(h), 2-40- 20(a-c), 4-30-40(g) and 4-30-50(c). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the Ballentine Holdings Inc./Sprint- Nextel Special Review for a Telecommur�ications Site at the Aspen Airport Business Center subject to the following conditions, which shall run with the land and be binding on all successors in interest: l. The Applicant shall adhere to all material representations made in the application and public meetings. � Resolution No.b�-2010 Page 2 2. All previous conditions of approval on the property shall remain in effect unless modified by terms of this approval. 3. The Applicant, owner and/or operator of the cellular faciliry shall submit and maintain current at all times, cornplete contact and site infarmation to be kept by the Community Development Director. This ;nformation 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. 4. Any Federal Communication Commission (FCC) licensed telecommunications carrier that is buying, leasing or is considering a transfer of ownership of the approved facility, shall submit a letter of notification of intent to the Community Development Director. 5. The Applicant shall maintain the wireless communication facility (antennae and associated equipment) in good condition and shall agree to reasonable repairs and replacements of equipment and structural components, due to damage caused by outdoor exposure and/or inclement weather. Under this condition, should repairs be necessary, the applicant shall replace such 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. 6. The approved antennas shall not exceed 31 feet in height from existing grade. 7. The antennas shall be painted with a color that blends with the existing structure and shall be maintained in a condition free of rust, peeling paint and/or other visible forms of deterioration. All equipment associated with the facility, including HVAC and/or ventilation must comply with the noise ordinance specifications as described in the Pitkin County Code, § 636.030. Ventilation fan e�austs shall be located so they are not on a side of the building that is adjacent to a residence. 9. All structures associated with the telecommunication use shall be removed when the lease expires or when the use ceases. � Resolution No.�-2010 Page 3 10. The facility shall operate at all times in compliance with all Federal Communications Commissions (FCC) standards for Radio Frequency Radiation (RFR) ernission 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. If 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) working days by independent RFR measurement at the facility owner's expense. If the remedy is not available within 5 days of notice by Pitkin County, the equipment generating the excessive RFR emissions shall be turned off until a remedy is operational. 11. There shall be no exterior lighting associated with the telecommunications facility. 12. The Applicant, owner or operator of said facility sha11 provide written notification to the Community Development Director upon cessation of operations at the site. The applicant shall remove all obsolete or unused facilities from the site within 6 months of termination of its lease, cessation of operations or expiration 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. Should the equipment owner fail to effect such removal, the property owner shall be responsible for the removal of the equipment. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 14, 2013. 14. This approval shall expire on May 28, 2014, to coincide with the terms of the current lease between Sprint/Nextel and Ballentine Holdings, LLC. The Applicant shall submit for a new approval no later than February 14, 2014 with proof of a new lease to continue the Special Use. NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14 DAY MARCH 2O10. APPROVED ON THE 14th DAY APRIL 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON �-�.D —�O/6 . � Resolution No.d� 2010 Page 4 ATTEST: i �� , Je ette Jones, � De uty Clerk APPROVED AS TO FORM: �.=-__�\.._----.°"_°----� John Ely, County ey Case #P008-10 2643-344-03-344 BOARD OF COUNTY COMMISSIOERS, PITKIN C�(UNTY,COLORApO �� George N� Date: �� ('�I � � APPROVED AS TO CONTENT: _ �. X.C� � C nd ouben, Community Development Director �/ (