HomeMy WebLinkAbout20191117.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant
Nexius Solutions, Inc.
Case Number
USR18-0123
Submitted or Prepared
Prior to
Hearing
At
Hearing
PC Exhibits
1
Letter from Holland & Hart on behalf of American Tower Corp. dated 3/4/2019
X
I hereby certify that the 1 item identified herein was submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Chris Gathman — Planner
HOLLAND&HARL
VIA E-MAIL
Weld County Planning Commission
1150 0 Street
Greeley, CO 80631
Email: cgathrnangweldgov.com
March 4, 2019
Jordan 1 Bunch
Associate
Phone (303) 473-4828
Fax (303) 416-8891
JiBunch@hollandhart,com
Re: Objection to Site Specific Development Plan and Use by Special Review Permit by
Nexius Solutions, Inc. (on behalf of AT&T) (USR18-0123)
Dear Commissioners:
This firm represents American Tower Delaware Corporation (a wholly -owned subsidiary of
American Tower Corporation) ("ATC"), as sublessee under that certain lease (the "Lease")
entered into by and between Verizon Wireless, LL (the "Lessee") and Peter VR Freeman H as
landlord (the "Landowner").
ATC is an entity with a land interest pursuant to the Lease stated above in the real property (the
"Property", as legally described on the attached Exhibit A) that is the subject of a Use by Special
Review Application submitted by Joseph Oliver, Nexius Solutions, Inc. on behalf of AT&T
("AT&T") to construct a telecommunications tower and associated facilities (the "Application").
The Application is scheduled to be heard on Tuesday March 5, 2019, at 11:00 a.m. by the Weld
County Planning Commission.
By way of brief background, ATC manages a telecommunications tower owned by Lessee that is
located on the Property owned by the Landowner (the "ATC Tower"). The ATC Tower has a
c ulTent height of 190 feet, which ATC can extend to 210 feet by right. The Application
submitted by AT&T requests that a special use permit be granted, to construct an additional
telecommunications tower approximately 0.6 miles from the existing ATC Tower.
As set forth in detail below, ATC hereby objects to the Application submitted by AT&T. ATC
respectfully requests that AT&T's Application be denied for the following reasons: (1) the new
telecommunications tower does not comply with the specifically stated purpose of the Weld
County Code Ordinance of requiring co -location where possible, (2) the telecommunications
tower is not necessary for AT&T to provide the FirstNet program because the ATC tower can
provide a comparable solution, and (3) the Application does not comply with applicable
provisions of the Weld County Code Ordinance (the "Code").
T x 3.473,2.700 F 30a473.2720
One Boulder Plaza, 1800 Broadway, Suite 300
Boulder, CO 80302-5289
www hoVianr1tmr1 con
EXHIBIT
HOLLAND& HARt
March 4, 2019
Page 2
The purpose of the Code is stated in Section 23-4-800, and one section, in particular, stands out
in relation to this Application. The purpose is "to accommodate the increasing wireless
communication needs...b : ... D. Reducing the number of telecommunication antenna towers
needed to serve the County by requiring telecommunication antennas to be placed on existing
structures wherever possible and requiring co -location of telecommunications providers on
existing and new telecommunication antenna towers." The Application n submitted by AT&T
does not give credence to this clear purpose.
To be clear, the proposed telecommunications tower is not necessary, and instead, would place
an additional tower in this area by locating it only 0.6 miles away from the existing ATC Tower.
The Code expressly states that co -location on existing towers is required when possible and that
new telecommunications facilities must be placed on existing towers whenever economically and
technically feasible, hi the Application, ication, AT&T states, without supporting documentation, that it
cannot co -locate on the ATC Tower because its antennas would be installed in a subordinate
position at 172 feet, which would minimize network coverage. This statement is inaccurate. The
existing ATC Tower can, in fact, accommodate AT&T's coverage needs, as validated by the
letter attached as Exhibit B (the "RF Letter"). The RF Letter includes an analysis of RE
coverage demonstrating that the ATC Tower can provide substantially similar coverage. The
coverage similarities between the existing ATC Tower and AT&T's proposed new tower can be
seen in the maps attached to the RF Letter{
Further, co -location on the ATC Tower will also accommodate AT&T's stated needs of
extending FirstNet, instead of constructing an entirely new tower. ATC has entered into several
leases and lease amendments with AT&T for the installation of FirstNet equipment on ATC
Towers across the country. ATC is certainly in support of the expansion of FirstNet to increase
coverage and communications between emergency responders, but it must be accomplished by
the least intrusive means, which is through co -location, Moreover, co -locating equipment on
existing towers often is a much faster process and leads to quicker deployment of services than
having to build a new tower. All the benefits of FirstNet can be had through the co -location of
AT&T's equipment on the existing ATC Tower.
Second, while a telecommunication structure is allowed through Use by Special Review in the
Agricultural Zone District, AT&T has not met the criteria for approval of a Use by Special
Review under the Code and has not submitted all documentation required by the Code.
Significantly, as noted above, Section 23-4401 of the Code states that co -location on an existing
telecommunications tower is the most preferred option for new telecommunication facilities.
This Code section further states that new telecommunications facilities must be installed
pursuant to the most preferred option where economically and technically feasible and that a less
preferable option is allowed "only if the applicant presents substantial evidence to show it will
have a lesser visual impact than the use of more preferred facilities and that the applicant's
desired geographic area cannot be served by using more preferred facilities," See Section 23-4-
810(D) of the Code (emphasis added). This concept is also reflected in Section 23-4-830(C)(1)
www,hollandha Icon
HOLLAND &HARL ”,
March 4, 2019
Page 3
of the Code which states that all Use by Special Review applications for a telecommunications
antenna tower shall include documentation addressing why existing telecommunications antenna
towers cannot accommodate the proposed new equipment. In this case, the Application did not
include any documentation to substantiate AT&T's claim that the desired geographic area cannot
be served through corlocation locatio n on the existing ATC Tower. AT&T's s failure to include such
documentation makes the Application fatally incomplete. Further, as shown in Exhibit B,
AT&T's coverage needs can be met through cop -location and therefore, an approval of AT&T's
proposed new tower would be inconsistent with both the stated purpose of the Code and the clear
mandate of the Code.
Code Section 23-4-830(C) contains a substantial list of documents that are required to be
included in a Use by Special Review application for a telecommunications antenna towers The
,pplicationis missing certain of these required documents, including: documentation that the
proposed tower is the minimum height required to accommodate the antennas and a
decommissioning plan. This Code section states that the applicant shall submit such
documentation (emphasis added). Because the Application does not contain such documents, it
is incomplete.
Another fatal flaw of the Application is that it does not contain a map indicating the service
area/radius of the proposed tower in addition to the service are radius of other existing towers
within a 10 mile radius as required by Code Section 3-4-840(A)(11), nor does it contain an
detailed inventory of all AT&T's existing telecommunications facilities within Weld County and
within one mile beyond the county boarder as required by Code Section 23-4-840(B). These
specific requirements have not been met by AT&T.
In sum, for the foregoing reasons and the additional testimony given at the hearing on this
Application, ATC respectfully requests that the Planning Commission deny AT&T's Application
for approval of a telecommunications tower.
Jordan J, Bunch
Associate
JJB
cc: Client
12099787:
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EXHIBIT A
All that real property located in the State of Colorado, County of Weld, described as fo ll o s :
North 1/2 of Section 14, Township 8N, Range 62W except the West 1/2 of ` the Northwest 1/4.
AMERICAN TOWER'
CORPORATION
27 February 2019
RE: Tower Development Project Weld County, CO
To Whom It May Concern:
My name is Micah Hawthorne and I am a Principal Sales Engineer at American Tower with an RE Engineering
background designing service area coverage for wireless carrier networks. My resume has been provided in
support of this statement,
American Tower Corporation C'ATC") has an existing 1 Oft, tower structure (Site #82065) at SEIM, 1W41
NE/4, SEC.14, TB N, R62W, Briggsdale, CO 80611. Today, the ATC tower has available space at 17211
Antenna Center Line ("ACL").
AT&T has proposed a 25011 tower structure (Site# OL03 215) at 45 254 County Rd 81, Briggsdale, CO 80611,
approximately 0.6 mi to the south of ATC s existing tower structure (Exhibit 1). AT&T proposes installing
antennas at 250ft. extending antennas over the top of the structure*
Despite differing ACL heights, 17 ft. on ATC existing 82065 tower and 250ft. on the AT&T proposed
COL03215 tower, there is opportunity to provide substantially similar coverage areas from either tower asset
utilizing the same antenna and radio equipment. The attached plots suggest the 700 Hz Indoor LTE coverage
produced by the proposed AT&T tower location (Exhibit 2) can be similarly achieved if AT&T installs on the
ATC existing 82065 tower location (Exhibit 3).
The similarity in coverage is due to to similar Above Mean Sea Level (AMSL) installation heights on the two
towers. AT&T is proposing an installation of 2501t. plus 5,020ft, ground elevation for a 5,270ft. AMSL on
COL03215. ATC is proposing an installation of 17 ft. plus 54105ft. ground elevation for 5,277f't. AMSL on an
existing structure. The total height difference is less than. loft.
Micah T Hawthorne
Principal Sales Engineer
10 Presidential Way * Woburn, MA 01801 * 781.926.4500 Office • 781.926.4555 Fax 4 www.americantower.com
AMERICAN TOWER'
COPDATIOH
Exhibit I: ATC's existing 82065 tower approximately 0.65mi from AT&T's proposed COL03215 tower on adjacent parcel
10 hest:ealral Way * Woburn, MA 01801 + 781.426 4500 Mike * 781.926-4555 Fax • www americantzivver,�rx�
10 Presidential Wail ' 'Woburn, MA 01801 + 781 928,4500 Office • 781.926,4555 Fax + whine arnericantowet corn
Exhibit 3: Potential 700MHz Indoor LTE coverage from proposed 172ft. ACL on ATC's existing 82065 tower
10 Presidential Way • Woburn, MAOTBt)1 • 781 926A500 Office • )81.326.4555 Fax • www-americantowet corn
MBA - High Technological Focused
Certificate in Applied Project Management
BS in Electrical Engineering
Candidate for BS in Electrical Engineering
• Program & project management
• Multi -project engagement and coordination
Cross -functional collaboration
Micah Hawthorne
10 Presidential Way, Woburn, MA
inkedin.com/in/micahha thorne
d: 781-926-4546
micah.hawthorne@arnericantower.com
SUMMARY
Proven implementation and results driven professional with 10+ years of technical program management
and 6+ years of pre -sales engineering/consulting experience planning, implementing, deploying, and
integrating wireless mobile networks. Recognized as a strategic thinker, consistent finisher, creative problem
solver, and successful team leader. Exceptional oral and written communicator with an ability to influence
through collaboration, business acumen, and technical subject matter expertise.
CORE COMPETENCIES
• Speed -to -market risk analysis and planning
• RF/BH site planning and network deployment
• Pre -sales technical analyst and support
EDUCATION & TRAINING
Northeastern University, Boston, MA
Boston University Corporate Education, Waltham, MA
University of South Alabama, Mobile, MA
Massachusetts Institute of Technology, Cambridge, MA
PROFESSIONAL EXPERIENCE
AMERICAN TOWER, Woburn, MA 2012-2019
Principal Sales Engineer - Project Manager & Network Development Planning Partner; 6+ yrs.
Proactively investigate and pursue incremental business with sales team driving RF coverage solutions in
challenging areas. Additionally support Sales team to achieve multiple $100K+ MRR deals.
Support Business Development efforts by analyzing requirements, understanding network coverage
goals, and recommending innovative solutions to win comprehensive deals. Research technology trends
to identify roadmaps that enhance long term contract value with Carrier and Vertical Market customers.
Successes include 20+ new sites REP with Pitkin County, CO., 200+ sites deal for AT&T In -Flight project,
and 20+ sites deal with Pacific Data Vision long term equipment upgrade plans.
Acquire and analyze carrier network performance data and develop metrics paired with site intelligence to
proactively identify multi -tenant tower location opportunities. Released 400+ search areas over 1 year
based on lack of 3G voice and 4G LTE data service in suburban growth markets and several heavily
trafficked thoroughfares with no tower infrastructure. Partnered with Network Development teams to
evaluate and lease land assets for proactive tower development.
ERICSSON (RF/BH organization spun off from Clearwire), Waltham, MA
RFIBH Manager New England — Program Manager; 9 mos.
Directed a team of 10 Project Managers accountable for network performance monitoring, trouble ticket
administration and closeout for post launch service optimization. The team served as 1st line local
engineering support for capacity augments, RF repeaters, and In -Building DAS, for Clearwire's 4G
network of 850+ sites stretching across 7 Northeast markets from Upstate NY to Boston, MA. Achieved
Bonus Level for 35% of network l P l s within 6 months of customer launch weathering 30% head count
reduction. Target exceeded on remaining 65% of KPls. Coordinated action plans with Field Operations
team to exceed 99.75% network availability target and timely trouble ticket closeouts in all markets.
CLEARWIRE (4G RF/BH organization spun off from Sprint Nexteg), Waltham, MA
RF/BH Manager New England — Program Manager; 2.5 yrs.
Managed project team of up to 11 IMF/BH Engineers responsible for designing, planning, integrating, and
launching 450+ sites across 5 New England markets. Met strategic coverage objectives with over 8M
POPs served. Achieved MW BH connectivity on 97% of sites reducing BH Opex by approx. 80%,
2004-2012
• Coordinated the RFIBH team's design efforts, aligning metrics and goals with local and remote cross -
functional teams, including Site Acquisition, Construction, Field Operations, National Engineering, and
Sales & Marketing teams. Regularly evaluated, adjusted, and presented project milestone progress to
executive team. Challenges included on -the -fly network redesigns due to difficult zoning. Collaborated
daily with Network Deployment's construction efforts ensuring on time 2010 market launches in line with
End of Year investor commitment.
O Developed RF/BH team led On -Air site integration and network acceptance process. Removal of
implementation bottle necks enabled run rate of 40+ sites per week and associated MW backhaul links.
SPRINT NEXTEL (Nextel merger with Sprint in 2005), Bedford, MA
RF Design Manager New England North — Project Management Lead; 2 yrs.
Headed team of RE design engineers responsible for 400+ single- and multi- technology site build plan
deployment throughout New England area. Deployments of note included site relocations and Cell -On -
Wheels (COWs) for capacity expansion in Boston core and special events.
Standardized zoning message and presentation format for 3rd party Site Acquisition and Design team.
Debated the efficacy via mock trials. Enabled consistent message platform for better public awareness to
towns, engineer -to -engineer scheduling flexibility, and shorter time to permit for quicker NTPs.
RF Engineer III — Project Manager; 1.5 yrs.
• Prepared and released coverage goals for new and replacement site locations in accordance with build
plan budgets. Sites chosen based on network performance KPI improvement requirements and Sales
team coverage expansion needs. Presented RE coverage to local boards for zoning permits.
■ Served as New England North Design Team P00 for cross -functional groups to meet deliverable
timeframes for On Air integration. Created RF plan for new sites and assisted project teams with site
integrations in line with customer growth expectations, service quality degradation, Sales team customer
specific requests, and budgetary constraints. Met service quality and coverage expansion needs in the
metro Boston area with emphasis on urban core and reduced network trouble tickets by 50% over 1 year
from customers in poorly served areas.
NEXTEL, (Converted to full time employee), Bedford, MA 2004-2005
RF Engineer Il; 1 yr.
EXPERT WIRELESS SOLUTIONS, Vienna, VA 2003-2004
RF Engineering Consultant; 1 yr.
Positioned, designed, and assisted permitting by 3rd party site acquisition teams of new tower assets for
Nextel in N H , ME, and MA. Created interstate coverage footprint north of NH along 1-95 through to Bar
Harbor, ME and Manchester, NH through to Lake Winnipesaukee area increasing sales opportunities to
resort PCls.
Reported in -field drive test analysis enabling service optimization for initial launch of Cingular's GSM
network in San Antonio, T.
RF CONSULTING SERVICES, Marietta, GA 2001-2003
RF Engineering Consultant; 1.5 yrs.
Implemented turnkey solutions for Cingular's dual band GSM conversion, including design, deployment,
and drive test optimization in Puerto Rico market for on time launch of modernized network.
Oversaw field-testing team responsible for beta testing in-house proprietary software tool for engineering
release. Trained and mentored drive test engineers for data processing, coverage analysis, and frequency
allocation tool properties for product release to Cingular in two OH and the PR markets.
GALAXY ENGINEERING SERVICES, Alpharetta, GA
RF Design Engineering Consultant; 3 rhos.
• Proposed search locations in Northeast region for American Tower's Build -To -Fill project.
Maximized potential interested carriers per tower for preemptive site builds with shortest ROI.
.
RF Associate Engineering Consultant; 1 yr.
2000-2001
AWARDS
Perfect Performance for achieving Bonus Level I Pi performance supporting the Clearwire network
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