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HomeMy WebLinkAboutbocc.res.116.2012 RESOLUTTON OF THE BOARD OF COUNTY C011'IlVIISSIONERS OF PITKIN COUNTY, COLORADO,GRANTING APPROVAL FOR TAE T-MOBILE/INN AT ASPEN 5PECIAL REYIEW FOR A CELLULAR TELEPHONE FACILITY AND RESTORATION OF A LEGAL NON-CONFORMING USE/STRUCTURE BOCC Resolution No. /'�G -2012 RECITALS 1. T-Mobile/Inn at Aspen("Applicants")have applied to the BOCC for Special Review approval to renew an existing cellular telephone facility which is comprised of a 40' canister pole. The Applicants propose to upgrade equipment in the canister. The canister pole will not change in any way. 2. The property is located at 38750 Hwy 82,next to the Buttermilk Ski Area. PID#: 273502307800. The property is zoned AR-2. 3. The BOCC heard this application at a duly noticed public hearing on December 19�`, 2012, at which time evidence and testimony were presented with respect to this applica.tion. 4. The BOCC finds that the proposed upgrade to the existing tower is appropriate and does not have any substantial visual impacts on the surrounding area. 5. 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),and 4-30-50(c). NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the T-Mobile/Inn at Aspen Special Review for Cellular Telephone Facility subject to the following conditions,which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the application and public meetings. 2. BOCC Resolution No.214-2001 shall be rescinded and replaced with this Resolution. 3. The Apglicants shall submit for review a Building Permit for the approved antennas. At Building Permit submittal,the Applicant shall also submit proof of all necessary FCC permits/licenses for the upgraded equipment. 4. The cellular facility shall comply with the Pitkin County Noise Code. 5. The Applicants, owner and/or operator of the cellutar facility shall maintain cunent at all times, complete contact and site information to be kept by the Community 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. _ _ _ _ __ � � ._.,,�,..,�.��„����a..,�. Resolution No. ;�l(,� -2012 Page 2 b. Name,address and telephone number of a local contact person for emergencies. . c. This contact information shall also be posted on the door of the equipment room within 60 days of this approvaL 6. The tower shall continue to be painted green. 7. The tower is limited to 40' in total heigt�t. 8. All equipment associated with the cellular facitity shall be removed when the use ceases. 9. There shall be no exterior lighting associated with the tower. 10. 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 December 19�',2015. NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIlVIES WEEKLY ON THE 25`�DAY OF OCTOBER 2012. APPROVED ON THE 19th DAY OF December 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIlVIES WEEKLY ON /- �Y��..6/3 ATTEST: BOARD OF COUNTY C011�IlVIlSSIOERS, PITKIN COUNTY,COLORADO �� I-�� � � . Je ette Jones, ichael wsley, Chairman De ty Clerk Date: �- � ' ��/�� - - --— °�- ___ _„ .�,�.,,.,� �,,.<,,,.. .._ .�..�,�.�,,��.. Resolution No.�-2012 Page 3 APPROVED AS TO FORM: APPROVED AS TO CONTENT: .� � �f, i� �w C. 1-E John Ely, Cindy Houben, Coun rney Community Development Director Case#P066-12 273502307800 - - .. .�.�_ -�?