The URL can be used to link to this page

Browse Search

Home My WebLink About20191107.tiffBEFORE THE WELD COUNTY. COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson. that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for - CASE NUMBER USR18-0123 APPLICANT DUANGCHAI WASHBURN. C/O NEXIUS SOLUTIONS INC PLANNER: CHRIS GATHMAN REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 256 -FOOT TALL GUYED TELECOMMUNICATION ANTENNA TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT LEGAL DESCRIPTION SE4 SECTION 14. T8N R62W OF THE 6TH P M WELD COUNTY. COLORADO LOCATION APPROXIMATELY 300 -FEET NORTH OF CR 92 APPROXIMATELY 2 440 FEET WEST OF CR 83 be recommended favorably to the Board of County Commissioners for the following reasons The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23- 2-220 of the Weld County Code as follows A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect Section 22-2-20.G.2 — A Policy 7 2 states. "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development and should attempt to be compatible with the region." The proposed tower is in a rural area and is not located in close proximity to residences The applicant is proposing to allow co -location of three (3) other providers along with AT&T The tower will meet the 100% setback from property lines. Section 22-3-40 B P Goal 2 States. "Require adequate facilities and services to assure the health, safety and welfare of the present and future residents of the County " The telecommunication antenna tower is proposed to introduce FirstNet to this area. FirstNet is a federally established entity charged with the building and deployment of the first nationwide, interoperable wireless broadband network for public safety_ The proposed use is in an area that can support this development and the Development Standards. and the Conditions of Approval will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. The application states that the existing tower to the north will be shorter (190 -feet) and if the applicant co -located on the tower it would be in a subordinate position and the network coverage would be less than proposed tower The applicant wants to expand the coverage of the tower as much as possible and is proposing to do so under the new tower. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District Section 23-3-40. L which allows for A Site Specific Development Plan and Use by Special Review Permit for a 258 -foot tall telecommunications tower in the A (Agricultural) Zone District. Section 23-3-10 - Intent states: "The (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more RESOLUTION USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. PAGE 2 intense or to have a potentially greater impact than Uses Allowed by Right." The attached Development Standards and conditions of approval will adequately mitigate impacts associated with the proposed use. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed tower is located in a rural area. The nearest residence is approximately 1 mile to the northeast. An existing tower (198 -feet tall approved under USR-974) is located on a property to the north of the site approximately 0.5 miles to the north. Residences in the area are located well outside of the 100% setback for the tower. Representatives on behalf of the existing tower facility to the north have indicated that they will be objecting to the request. However, a formal response has not been received at this time. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately 160.54 acres delineated as "Other" and "Prime If Irrigated" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The footprint of the tower lease area is minimal (50 -feet x 50 -feet). G. Section 23 -2 -220.A.7 —There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. RESOLUTION USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. PAGE 3 The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall record Subdivision Exemption SUBX19-0006. (Department of Planning Services) B. The applicant shall submit to the Department of Planning Services, evidence of a recorded easement or agreement granted by the adjacent property owner which recognizes the fall zone of the tower onto the burdened property. (Department of Planning Services) C. The applicant shall provide written verification from the Federal Aviation Administration (FAA) that the proposed tower has been approved. (Federal Aviation Administration) D. The plat shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0123. (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. County Road 83 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 5. County Road 92 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of- way. This road is maintained by Weld County. (Department of Public Works) 6. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to operation. (Department of Public Works) 7. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 8. Show and label a 30 -foot minimum access and utility easement to provide legal access to the Telecommunication Tower site on the site plan. (Department of Public Works) 9. Show and label the drainage flow arrows. (Department of Public Works) 10. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 11. Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. (Department of Planning Services) RESOLUTION USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. PAGE 4 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsaco.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Bruce Sparrow. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. RESOLUTION USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. PAGE 5 CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on March 5, 2019. Dated the 5th of March, 2019 461,66'Lc� Kristine Ranslem Secretary RESOLUTION USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. PAGE 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS AT&T USR18-0123 1. A Site Specific Development Plan and Use by Special Review Permit, USRY18-0123, for 256 -foot high guyed Telecommunication Antenna Tower in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) 4. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure, and any associated equipment shall be removed and the premises restored to its original condition according to the Decommissioning Plan. (Department of Planning Services) 5. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. During Construction, no permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment) 7. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 8. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of construction of the tower. (Department of Public Health and Environment) 9. During construction, adequate toilet facilities and handwashing units shall be provided. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and Environment) 10. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 11. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 12. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services - Engineer) 15. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) RESOLUTION USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. PAGE 7 16. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 17. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 18. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 19. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 20. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 21. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non- compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. (Department of Public Health and Environment) 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Public Health and Environment) 23. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 24. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. RESOLUTION USR18-0123 DUANGCHAI WASHBURN, C/O NEXIUS SOLUTIONS, INC. PAGE 8 Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C. R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday. March 5. 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building. Hearing Room, 1150 O Street. Greeley. Colorado This meeting was called to order by Chair, Michael Wailes, at 12:30 pm. Roll Call. Present. Michael Wades, Bruce Sparrow. Bruce Johnson. Gene Stifle. Tom Cope. Lonnie Ford. Richard Beck, Elijah Hatch. Skip Holland Also Present: Chris Gathman. Angela Snyder. and Tom Parko, Department of Planning Services: Lauren Light and Ben Frissell. Department of Health; Evan Pinkham. Hayley Balzano and Mike McRoberts. Public Works. Bob Choate and Bruce Barker. County Attorney. and Kris Ranslem, Secretary. CASE NUMBER APPLICANT PLANNER REQUEST LEGAL DESCRIPTION. LOCATION USR18-0123 DUANGCHAI WASHBURN C/O NEXIUS SOLUTIONS. INC CHRIS GATHMAN A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A 256 -FOOT TALL GUYED TELECOMMUNICATION ANTENNA TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT SE4 SECTION 14. T8N. R62W OF THE 6TH P.M . WELD COUNTY. COLORADO. APPROXIMATELY 300 -FEET NORTH OF CR 92. APPROXIMATELY 2.440 FEET WEST OF CR 83 Chris Gathman. Planning Services. presented Case USR18-0123. reading the recommendation and comments into the record. Mr. Gathman noted that a letter of objection was received from the adjacent tower facility regarding concerns that the applicant would have the ability to collocate on this tower The applicant provided a response that if the antenna is placed on an existing tower, First Net Antenna would be in subordinate position and thus reduce First Nets coverage area The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Evan Pinkham. Public Works, reported on the existing traffic, access to the site and drainage conditions for the site. Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan Joe Oliver. consultant for AT&T. Nexius Solutions, 7025 South Full Street. Centennial, Colorado. stated that they are proposing the 256 -foot telecommunication tower. He said that they received the correspondence from American Tower yesterday along with an engineer's statement that it would be the same level of coverage for Nexius to collocate on their tower. However, what they did not address is that the collocation would have to demonstrate not only technical feasibility but also economic feasibility. He added that American Tower has not demonstrated that the tower is structurally feasible to attach antenna equipment to it and that it would be economically feasible Mr. Oliver stated that one of the reasons First Net was established as a first responder network and partnered with AT&T. was because AT&T could provide the First Net network at a reasonable cost and American Tower has not demonstrated the ability to allow them to collocate on that tower at a reasonable cost. Commissioner Stifle asked the applicant to explain what First Net is. Mr. Oliver said that First Net was a public safety network and is a modernized E911 system applied to first responders going into updated technology He added that it was established by Congress in 2017 and Colorado was the last state to adopt it The intent is to modernize first responders, fire fighters and medical first responders and to get as wide a coverage as possible. 1 Commissioner Stille asked what the County uses for communications. Mr. Gathman said that a response was submitted by the Weld County Public Safety Communications Manager, however, it does not specifically say what system it uses, but that that they have identified a need for improved public safety wireless voiced communications in the Briggsdale area. Elizabeth Walker, AT&T, added that First Net is a dedicated network for first responders and is separate from the traditional consumer network and provides pre-emption for first responders and priority communications for them. She added that it will give the first responders high speed access to access and download plans and information. Commissioner Sparrow asked what the reason is to put two towers next to each other when it seems to serve the County better when it would be five to ten miles apart. Mr. Oliver said that the issue with collocating is economic feasibility and in order for them to deploy equipment required for First Net they cannot feasible pay American Tower the rates that they are requesting. The market value has been set for the land that they are positioned on. He is concerned that they will be priced out of the market and that American Tower established a prohibition in the County from additional towers and service as it applies to First Net. He added that they don't want the County to miss out on this service due to an economic issue. Mr. Oliver further stated that in terms of coverage, AT&T and First Net have determined that specific area north of Briggsdale is a priority for deployment and that is how they came up with that location. Commissioner Hatch asked what the timeline or process is for updating the aviation sectional charts to represent that tower. Mr. Oliver said that it will be determined by FAA and their process. He added that AT&T has done their diligence by submitting all required documentation to the FAA and they have received a response that no hazards are available. He is not sure on the specific timeline for the FAA to respond. Mr. Hatch asked if this tower would be existing before it is listed on the sectional chart or would it be listed prior to construction. Mr. Oliver said that he understands that AT&T needs to register the tower a head of time. Mr. Gathman said that per the County Code there are requirements for collocation and the application states that the tower will support AT&T's equipment and accommodate collocation of at least three (3) additional wireless carriers. The Chair asked if there was anyone in the audience who wished to speak for or against this application. Jordan Bunch, 1800 Broadway, Boulder, Colorado, stated that she is with Holland and Hart, counsel for American Tower Corporation. Ms. Bunch stated that the Weld County Code is very specific that the purpose of the section which governs telecommunication towers is to limit the number of towers in Weld County and to require collocation when it is technically or economically feasible. She said that it is the applicant's responsibility and burden to demonstrate through substantial evidence that collocation is not economically or technologically feasible and that the same coverage area could not be served on an existing tower, and the applicant has not met that burden here. Ms. Bunch said that the applicant has not provided coverage maps for any existing towers and did not show why or how an existing tower could be modified in order to reach their coverage. As shown in the coverage maps submitted by Ms. Bunch, she said that the coverage would be the same. She added that the applicant claims it is not economically feasible, however, American Tower Corporation and AT&T have partnered on First Net equipment on several towers across the Country. Ms. Bunch said that American Tower can be extended by 20 feet by right and added that it is currently 198 feet in height. She said that American Tower would be willing to do if AT&T wanted them to extend the tower. Ms. Bunch noted some deficiencies in the application including Section 23-4-803.C requires an analysis of the minimum height that the new tower is required to be in order to meet the coverage needs, Section 23- 4-830.C.13 requires a decommissioning plan, which was not included in the application and Section 23-4- 840.A.11 requires that the applicant submit a map indicating the service area and radius of both the proposed tower and all towers within a 10 mile radius. Ms. Bunch encouraged denial of this application or at a minimum remand it back to Planning Staff for further review. 2 Commissioner Cope asked if the tower has been structurally analyzed to see if the applicant's equipment could be safely mounted on American Tower. Ms. Bunch stated that she understands it has been. Commissioner Hatch asked how many towers are within a 10 -mile radius of American Tower. Ms. Bunch said she wasn't sure for the exception of American Tower. Commissioner Sparrow asked Staff to address the application concerns. Mr. Gathman said that the County Code delineates a preferred order for towers so it is not necessarily mandatory for collocation. He added that the application does indicate that the applicant is proposing to have three (3) additional antennas on the tower and that the proposed tower will allow for 36 additional antennas reasonably spaced to prevent interference. Mr. Gathman said that the applicant addresses the height of the tower, however, they did not provide a map the identifies the range of the other existing towers within 10 miles. In regard to the decommissioning plan, Mr. Gathman said that the applicant stated in the lease that the tower would be removed upon termination of the use of the tower. Commissioner Wailes clarified if the applicant has fulfilled the application material. Mr. Gathman said that he feels they have met the criteria for the exception of the coverage map. Commissioner Wailes referred to Section 23-4-840.B where the provider should give an inventory of the providers' existing telecommunication facilities and Ms. Bunch made the argument that AT&T should provide this information. He asked legal counsel if Nexius Solutions should be held to this section of the code. Bob Choate, County Attorney, said that it is up to interpretation because it is not clear what the provider is. He noted that these are application requirements and application contents. He said that Staff has determined it is complete application since it is being brought to the Planning Commission. The argument is being made that Staff has made this mistake, but he doesn't necessarily believe that it is the Planning Commission's mistake to correct and that they should review the criteria and the collocation issue. Mr. Gathman stated that the main provider on the antenna (with the exception of FirstNet) is AT&T. The inventory of existing telecommunications facilities is required for the first application for a telecommunication provider in the County. AT&T is not new to Weld County. The Chair asked the applicant to respond to the questions and comments. Mr. Oliver said that the extension of the American Tower is true in that that they could extend the tower through an expedited process, however, there is no structural evidence that it would be possible. He said that Ms. Bunch said that structural analysis has been completed, however, American Tower typically requires the carrier to pay those engineering fees to prove on their own accord that the tower is structurally feasible which is another economic hardship that is imposed onto AT&T. He added that they would be potentially paying for a structural analysis that could fail and result in the replacement of the tower that would require them to go through the same process of building their own tower. Mr. Oliver referred to AT&T providing substantial evidence that collocation is not possible, however it is predicated on economic and technical feasibility. He said that it is not economically feasible to attach to American Tower's site. Commissioner Cope said that this would be beneficial information to have before the County Commissioner hearing as opposed to just statements. He added that the applicant is looking to rent space out to other carriers just like American tower. However, the Planning Commission needs to see information showing how that really impacts AT&T and the tower. Mr. Oliver said that it is difficult to provide specifics due to confidentiality of financials between the two companies. Commissioner Beck said that he would like to see the coverage of existing tower and the coverage of the proposed tower. He added that he would need to see dollars and cents about what the applicant's perspective is on why they can't collocate on American Tower. Commissioner Sparrow said that he doesn't care about the financial aspect and added that he cares about what is best and safe for Weld County. Mike Wallace, Weld County Director of Public Safety Communications, said that currently Weld County Is not supporting First Net and the federal program that has been put out there. Weld County currently has 3 its own infrastructure and supports public safety on its own. As part of his referral, he submitted a clause to be included for access to that facility in order to put public safety communication equipment, as well as a building, onto that property to support Weld County's direct public safety communications. The location that they submitted their application on is a benefit for Weld County public safety. Commissioner Stille asked if this tower would have Weld County's communications system. Mr. Wallace said it is a potential location to make that a Weld County RF site for public safety, even though Weld County does not use First Net network. Commissioner Beck asked if Weld County has any equipment on American Tower. Mr. Wallace said that they do not since they have to evaluate the tower itself and the location in order to provide the appropriate coverage area in that vicinity. Weld County has investigated multiple towers in that area and have tried to work with several energy companies that have towers in that location. He added that they have not successfully been able to acquire or to gain access to those towers in that area. Commissioner Stille asked where Briggsdale Fire and Weld County at with feasibility of First Net network versus Weld County public communication network. Mr. Wallace said that there is not a single user public safety agency in Weld County that is signed with First Net. All of the public safety agencies fall under Weld County communications and currently Weld County does not support the First Net operation. Mr. Wallace said that there is an area in Briggsdale that is a low coverage area that fades in and out. Commissioner Cope asked what the approach is for looking at other towers. Mr. Wallace is not aware of the American Tower and added that they have investigated about a dozen other towers looking for the best location and have not had success with any type of negotiations at this point and are very interested with this application. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. They replied that they are in agreement. Motion: Forward Case USR18-0123 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Commissioner Ford encouraged the applicant to have the answers to the questions that were mentioned by the opposition, especially about coverage. Commissioner Beck commented that the County Commissioners need more information, specifically regarding coverage. Commissioner Holland agreed with Commissioner Beck and Commissioner Ford. Commissioner Stille agreed with the Planning Commissioners comments as well. Meeting adjourned at 7:02 pm. Respectfully submitted, Kristine Ranslem Secretary 4 ATTEN DANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip . 0 n fu 3n -C:4501V1 1V1 d i II o1) r i cXsin U2 a 3yC .' 1 ! 1C-i.+C..(nif - -) , C. trAlts r Si /AWL TQ lerce/( fr 6.5o taxi- ice Sal ten re,4047 i�scpL err /06(9 e £1J -463 i ��ra'�ea: 'G F � -Joe. '1rver ►)€x,uS.cvim► '7 /-�_ ES LLX 2, - ' ��\�,\) 1 ti.+'4 3 ' 1 �Y -� YJ L. c\c ~C\ ric'� � ' l �,�,�y kt (jf.M� - �'� • 'Y * I �+ yj, j�j� `� ' •��{ , 7V eziakh ^ cli cad'-' j i 2 d (oak ,�7L J2_A keti , ,o e..c••1 pu• l/_ .y 74. V1iJL)c Gr9 2 2 1.5-5 we a 49 1.40-4 tic l', cc FV (2 Yr "'ez; rJ i + d.Zate std ja Qta& j2.goo Belk i tre st T co ?tiro/ - Dec ci3O L) C4 YC t (TR 4` o c' a 1-S 7 1- lb c. qc.' c. ci, ' r f : 3 r` cJ&�drace occ t c^j� Al C C i. II j - � bt ' ice/' T /1 sy+ur-It Li 7 1 k �/ ( '1 �7 {� •^r// 0 nµ1J 1r l _ 4 11 �i O ceL! v ! \ A • t 1/4.c. \Necks a -fao C. --fl n Kavestas-f Cc 'oTh. rsc( ..4. ;, .Cc Ok lel0 Ars '2 3yc. 2 CP CIF a dfie-k (5- clin i F P0' ) 'fti A4 fel roc_ - ! t itPG 1..../ l.C •. �- 9tijic3our4 �Yt, fir' L�i]i � fJ. Gi./�cG'" - ��S' �� 0�... k'l'' t tl tri vte/ C f` 00 30 ce- L$6- 1 a c , cbo 7--- mein ° ki 1 1 o &G +t riots ..ur4't- a• 1 - I ' ri �'I (1 5; CCd1'7 a7 • /14C F -I Pin ' 7 41qi 17-?; 6 int 6_—:171/ 9,06'lf- POLHIS c itallitthla it) >444)thaj ?2 O1 IT T ii rs aM � jc f � ii fl 7,7 r 7 t r1/44414) } JM ) �► eiso-A 1 ,I 11 At d, 6re-k to ) / (0_-rtV r5or 1. • f I _y re/ 17,h;L o sr/ C 3 7 . ..cat /'/ i CO6 „0 4, e.//e7O 4.0/ bon iet Hello