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Town Council Resolution 30 2013TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 30 SERIES OF 2013 A RESOLUTION APPROVING WITH CONDITIONS THE SPECIAL REVIEW APPLICATION FOR SPRINT SPECTRUM, LP, WIRELESS TRANSMISSION FACILITY MODIFICATIONS ON THE ROOF TOP OF THE WESTIN HOTEL. WHEREAS, a cellular antenna installation at the Silvertree Hotel was initially approved by the Town in August 1992; WHEREAS, the Applicant ("Sprint"), as a representative of Sprint Spectrum L.P., a Delaware limited partnership ("SSLP") entered into a Site Lease Agreement on August 31, 1999, which allows improvements on the site as it deems necessary for the operation of the PCS (cellular telecommunication) system; WHEREAS, Section 16A-3-5, Zone District Use and Schedule, of the Town of Snowmass Village Municipal Code ("Municipal Code") permits antenna reception or transmission devices as an allowed use requiring special review approval in the PUD zone district; WHEREAS, Snowmass Village Town Council Resolution No. 23, Series of 2001 permits the mountain of rooftop reception or transmission devices on the Silvertree (now Westin) Hotel, and modifications to this facility is conditional upon Town Council approval; WHEREAS, SMJ International, LLC, on behalf of Sprint, submitted a Special Review application on August 27, 2013, in accordance with Section 16A-5-230 of the Town of Snowmass Village Municipal Code ("Municipal Code"); WHEREAS, the application proposes to replace and upgrade the existing antennas and equipment, and add two (2) new antennas. Each of the antennas will not reise more than a maximum of approximately 11'-10" above the rooftop penthouse structure and no higher than 18'-10" above the main roof top of the Westin Hotel or to a maximum of approximately 65-6" above finished grade as represented in the drawings in attachment Exhibit "A" incorporated herein; WHEREAS, the Applicant requested the Special Review pursuant to Section 16A -5-230(b), Permit Required, for a use, an antenna reception or transmission device, that is designated as a special review use within the underlying `PUD' zone district as set forth in Article III, Zone Districts. Such use may be approved as a referral to a decision-making body; TC Reso. 2013-30 Sprint Antenna Upgrades on roof top of Westin Hotel WHEREAS, the Planning Commission considered and reviewed the application and made recommendations to the Town Council at a regular meeting on October 16, 2013 to finalize a decision on the application pursuant to this resolution; WHEREAS, in accordance with published, posted, and mailed notice, a public hearing was held before the Town Council on December 2, 2013 to receive public comment on the Applicant's proposal; and WHEREAS, the Special Review application was processed in accordance with Section 16A-5-230, Special Review, of the Municipal Code. Section One: Findings. The Snowmass Village Town Council, after carefully reviewing the application, the surrounding conditions, and the staff report with recommendations, determined the request is compliant with the applicable review standards. Specifically the findings are: 1. The Applicant submitted the application for the Special Review in accordance with the provisions of the Municipal Code. 2. The application adequately provided the "Application/Minimum Contents" required pursuant to Sections 16A-5-40 and 230, and it included written and graphic materials in sufficient detail to deem the application complete for referral and review. 3. Supplemental information acceptable for submission has been supplied by the Applicant during the review process for consideration mainly in response to Town staff comments and concerns. 4. All public hearing notification requirements, as specified within Section 16A -5- 60(b) of the Municipal Code, have been satisfied. 5. The Applicant satisfactorily demonstrated compliance with the review standards in Section 16A -5-230(e) of the Municipal Code in that: a) The use is consistent with the intent of the Comprehensive Plan. b) The use complies with all other applicable standards of the Municipal Code. c) The use is appropriate to its location and compatibility with the character of surrounding land uses in the area, and would not adversely affect future development of the surrounding area. d) Access to the site is adequate for the proposed use. TC Reso. 2013-30 Sprint Antenna Upgrades on roof top of Westin Hotel e) The design and operation of the use minimizes adverse impacts and would not create a nuisance. f) The use minimizes environmental impacts and would not cause significant deterioration of water and air resources, wildlife habitat, scenic resources and other natural resources. g) There are adequate public facilities available to serve the use or the Applicant will provide necessary improvements to address service deficiencies that the use may cause. h) There is sufficient parking for the proposed use. Section Two: Action. This Special Review concerning the replacement and/or modification upgrade of the existing antennas is hereby approved by the Town Council, subject to the following conditions of approval. Section Three: Conditions of Approval. The Special Review approval by the Town Council will be subject to the Applicant satisfying the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meeting/hearing. 2. The approval will allow for the upgrade and/or modification to the existing antenna transmission facilities and equipment. No major alteration of the facility site(s) is approved. Each of the antennas shall rise not more than a maximum of approximately 11'-10" above the rooftop penthouse structure of the hotel and no higher than 18'-10" above the main roof top of the Westin Hotel or to a maximum of approximately 65'-6" above finished grade as represented in approved plans in attachment Exhibit "A" proposed conditions elevation drawing. 3. The pipe mounts and attachment brackets should be painted to match the building and better conceal these elements and the antennas shall remain similar to the existing muted gray color. The cabinets and other equipment proposed in the plan shall also be screened in a similar fashion. 4. All wiring and cable shall be concealed to the greatest extent possible and all electronic equipment shall be located entirely within the existing hotel structure. 5. The Placement of the subject improvements at this location shall not conflict with any easements, restrictions, limitations or reserved rights of record that may pertain to this property. TC Reso. 2013-30 Sprint Antenna Upgrades on roof top of Westin Hotel 6. The Special Review Use, antenna reception or transmission devices, shall not be modified, structurally enlarged or expanded in surface area unless such modification, enlargement or expansion receives prior approval from the Town. 7. This authorization is not transferrable or assignable to other parties without the review and approval of the Town Community Development Director. 8. The administrative approval is subject to the recording of this document and any attachments with the Clerk and Recorder of Pitkin County, Colorado at Applicant's expense. 9. All applicable permits shall be obtained from the Town Building Department to demonstrate compliance with the TOSV Municipal Code regarding the construction, support appurtenances and attachments for the transmission facilities prior to commencing the equipment and antenna installation. Section Four: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. READ, APPROVED, AND ADOPTED by the Town Council of the Town of Snowmass village on December 2, 2013 upon a motion by Councilmember Jacobson, the second of Councilmember Butler, and upon a vote of 3 in favor and 0 against. Council Member Haber and Kucker were absent. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL qL0 Bill Boineau, Mayor ATTEST: Exhibit Attachments incorporated herein: A. Location Map, Existing and Proposed Elevation Drawings TC Reso. 2013-30 Sprint Antenna Upgrades on roof top of Westin Hotel B. Photos of existing conditions C. Aerial Imagery Exhibits incorporated by Reference: ➢ Applicant's application materials received August 27, 2013 ➢ Staff report dated October 16, 2013 Exhibit Al Town Council Resolution No. 30, Serie )STAIN A STRUCTURAL ANALYSIS Sprint SEALED CONSTRUCTION '0 CONSTRUCTION. NEW SPRINT ANTENNAS *Amp (SEE SHEET A4) GENERAL DYNAMICS WIRELESS SERVICES 0 © 4/4/13 FINAL CONST AD Q 3/19/13 10OX CONST AD 2/26/13 PRELIM CONST AD REVIsaN REV. DATE DESCRIPTION BY ISSUED FOR CONSTRUCTION @W 16360 Table Mountain Parkway Golden, CO 80403 j �EX. ROOFTOP—/P:303-281-8800 www.otees.com f I �P90 R£ G�XOER ✓q,�••,��` 34670 0 (3) NEW SPRINT HYBRIFLEX L E���� (TO FOLLOW EX. 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