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Home My WebLink About20191118.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR18-0123 - DUANGCHAI WASHBURN, CIO NEXIUS SOLUTIONS, INC. Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 03/05/2019) C. Planning Services PowerPoint Presentation D. Susan Lombardi Email Regarding Continuance (dated 03/12/19) Walter Leslie- Weld County Public Safety Wireless Communications Letter requesting access to mount equipment (dated E. Manager 12/20/2018) Walter Leslie- Weld County Public Safety Wireless Communications Letter clarifying previous letter regarding equipment F. Manager installation (dated 03/12/2019) Additional email thread regarding continuance date G. Susan Lombardi (dated 03/18/2019) H. Susan Lombardi Updated Supportive Narrative (dated 04/22/2019) I. Jordan Bunch Letter of Opposition (received 04/30/2019) Public Safety Correspondence Email thread J. Staff (dated 04/30/2019) K. L. M. N. O. P. Q. 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H • 4'' :� Y 1 `v �e 11�'! n 114 r a Y ° ' n ` q _ ^ 1( Sa l y, • illi 0' m e 6 i`.iii• I.t 11 2 n• 11, • .: •Y• 1 :: P • 1 crfai-4.‘4#fift:/%17- ,.. /iY P • - _ O 2�i I _S' ailh Y x• i ■ .} 1 F _ �• r: _, qtr F AO �� . • y v j! ril rN"' a". &IiiiiCS. t.Ill it :• .11 1 __, • �'n� • a ) a .i z.k,a HIWEST FROM COUN1YR Selena Baltierra From: Sent: To: Cc: Subject: Attachments: Susan Lombardi <susan.lombardi@nexius.com> Tuesday, March 12, 2019 8:06 AM Chris Gathman; Jacob Everhart Esther Gesick; Selena Baltierra; Susan Lombardi RE: USR- USR18-0123 MRUTH027350 - 13102306 - NSB-FN-CO.HWY14 _BRIGGSDALE_COL03215 Continuance.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Chris, Please find attached Nexius' request for a continuance of the BOCC's hearing scheduled for March 20, 2019. Thank you for your assistance in this matter. Best regard, Susan Lombardi From: Chris Gathman <cgathman@weldgov.com> Sent: Thursday, March 7, 2019 8:14 AM To: Susan Lombardi <susan.lombardi@nexius.com>; Jacob Everhart <jeverhart@enerplus.com> Cc: Esther Gesick <egesick@weldgov.com>; Selena Baltierra <sbaltierra@weldgov.com> Subject: RE: USR- USR18-0123 MRUTH027350 - 13102306 - NSB-FN-CO.HWY14_BRIGGSDALE_COL03215 Dear Susan, I spoke with our Clerk to the Board office yesterday regarding alternative dates. Based on existing case schedules the earliest date to continue the hearing to that is a possibility is Monday 4/22 at 10 AM. Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fax: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Susan Lombardi <susan.lombardi@nexius.com> Sent: Thursday, March 07, 2019 8:11 AM To: Chris Gathman <cgathman@weldgov.com> Cc: Susan Lombardi <susan.lombardi@nexius.com> Subject: USR- USR18-0123 MRUTH027350 - 13102306 - NSB-FN-CO.HWY14 BRIGGSDALE COL03215 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Morning Chris, I left a message this morning, but I thought I would follow up with an email. AT&T is probably going to ask for a continuance of the March 20 BOCC hearing, but would like to know when it would be re -scheduled before we commit to it. Best regards, Susan Lombardi Zoning and Permitting Specialist +1 (303) 641-2871 susan.lombardi@nexius.com www.nexius.com NEXIUS The info, cca:Ion contained in this e-mail is confidential and/or proprietary to Nexius and is intended only for use by the parties to which it is addressed. If you are not the intended recipient. you are hereby notified that any review, retransmission, dissemination, distribution, copying or other use of, or taking of any action in reliance upon this information is strictly prohibited. 2 NEXIU SOLUTIONS March 12, 2019 Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO Re: Continuance of AT&T's Board of County Commissioner Hearing on March 20, 2109 at 10:00AM. Case Number: USR18-0123. Dear Mr. Gathman: Nexius Solutions on behalf of Cingular Wireless PCS, LLC by AT&T Mobility's ("AT&T") requests a continuance of the Board of County Commissioner's hearing scheduled for March 20, 2019 at 10:00AM. AT&T requests the continuance in order to submit the additional documentation requested at the March 5, 2019 Planning Commission hearing. At the time of this request, the next available BOCC hearing date is April 22, 2019. This date or the soonest available date is acceptable to AT&T. Sincerely, mac'-C-ovn �c Susan Lombardi Zoning and Permitting Specialist +1 (303) 641-2871 susan.lombardi@nexius.com www.nexius.com NEXIUS ® wwwnexius.com O faNexuslnc 0 joe.oliver@nexius.com O 2595 North Dallas Parkway, Sute 300 Frisco, TX 75O34 Q (352) 573-7297 aw ay & ca tuts 3 - Regional Communications PUBLIC SAFETY WIRELESS December 20, 2018 Subject: USR18-0123 To Whom It May Concern: Weld County Refoonal Communications Center Public Safety Wireless C R s n n ica.tions Division 1551 .N I 7th Avenue.. Ste 2, Greele, CO 80631 Phone: 970400 x2888 WC'RCCL@WeldGov.com www.co.weid.co.us The Weld County Public Safety Coinmimications Department would like to request a Conditional Use Permit be applied to U' S.1 8-0123 allowing Weld County Public Safety access to mount equipment on the tower and add a communications equipment shelter, at the County's expense. Weld Count- Pubic Safety Communications Department has identified a need for improved public saten- wireless voice communications for public safenx agencies responding in the vicinity of Bum. dale. The equipment to be mounted on the tower would consist of no more than three (3) 700/800N1hz antennas and no more than two microwave dishes of six (6) foot diameter or less, to support public safety voice communications in the Briggsdale area. The placement of the communications equipment shelter, as well as the placement and model number of the antennas and dishes would. be coordinated with the tower owner prior to iasra ation. This Conditional Use Permit would be similar to the one issued for the Tri Area Tower at 6750 V rC R re Sincerely, Walter Leslie Public Safety Wireless Communications Manager Li sin •••••• •-\r"f V Regional Communications PUBLIC SAFETY WIRELESS March 12, 2019 Subject: USR18-0123 To Whom It May Concern: At the request of Ms. Susan Lombardi on behalf of NEXIUS Solutions, please consider this letter as a clarification to my original letter dated December 20, 2018. The Weld County Public Safety Communications Department requests that USR18-0123 require the operator to allow the Department to install equipment on the proposed tower, as well as corresponding ground -based equipment in support of that which is installed on the tower, as described in my previous letter. The Department requests the following development standard be added to the USR permit. "The Applicant shall provide space on the tower and the ground near the tower for an antenna and equipment for use by the Weld County Public Safety Communications Department. The space shall be provided at no cost to the Department." This request is similar to that which was approved for the tower permitted by USR-776, located at 6750 County Road 17 (the "Tri Area Tower"). This helps ensure that the public safety communication wireless network has adequate coverage in a rural area of the County which currently has limited capacity. If this request is approved, the Department supports the requested permit. If this request is denied, the Department recommends that the permit be denied. The Department has a business practice of not leasing space on towers that are not owned by the County, with the exception of non -cost arrangements like that provided by USR-776. The tower located west of County Road 83 south of County Road 94 is not an acceptable alternative for use by the Department because it would require leasing space on a non -County -owned tower. Weld County Regional Communications Center Public Safety Wireless Communications Division 1551 N 17th Avenue, Ste 2, Greeley, CO 80631 Phone: 970-400 x2888 WCRCC@WeldGov.com www.co.weld.co.us 2 EXHIBIT F St 18 - o 12 Sincerely, Walter Leslie Public Safety Wireless Communications Manager Selena Baltierra From: Sent: To: Cc: Subject: Susan Lombardi <susan.lombardi@nexius.com> nexius.com> Monday, March 18, 2019 3:41 PM Chris Gathman; Joe Oliver Esther Gesick; Selena Baltierra; Jessica Reid; Karla Ford RE: April 22nd not available as a Board of County Commissioenrs hearing date will May 1st work? Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chris, This is to confirm our telephone conversation. The BOCC hearing date of May 1 at 10AM will work for us. Thank you, Susan Lombardi From: Chris Gathman <cgathman@weldgov.com> Sent: Monday, March 18, 2019 1:25 PM To: Joe Oliver <joe.oliver@nexius.com>; Susan Lombardi <susan.lombardi@nexius.com> Cc: Esther Gesick <egesick@weldgov.com>; Selena Baltierra <sbaltierra@weldgov.com>; Jessica Reid <jreid@weldgov.com>; Karla Ford <kford@weldgov.com> Subject: FW: April 22nd not available as a Board of County Commissioenrs hearing date will May 1st work? Importance: High Dear Joe and Susan, I received the following message from the Clerk to the Board's Office. 4/22 as a hearing date is not an option for a hearing date. Would Wednesday 5/1 at 10 AM work for you as a hearing date? Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue tel: 970-400-3537 fax: 970-400-4098 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Esther Gesick Sent: Monday, March 18, 2019 12 28 PM To. Chris Gathman <cgathmanc weldgov corn> Cc: Selena Baltierra <sbaltierra@weldgov corn>, Jessica Reid <IreidPweldgov corn>, Esther Gesick <egesick@weldgov corn>, Kristine Ranslem <kranslem@weldgov corn>, Kim Ogle <kogle@weldgov corn>, Karla Ford <kford()weldgov corn>, Isabella Juanicorena <iluanicorena@weldgov corn> Subject. RE USR- USR18-0123 MRUTH027350 - 13102306 - NSB-FN-CO HWY14_BRIGGSDALE_COL03215 Hello Chris, Based on conversations that took place last week while I was out, I don't believe Monday, April 22"d is still an option Have you had any further communication with this applicant? As for other remaining dates 5/8 is already being requested for the Cheyenne/Tallgrass continuance, so that is no longer available, but 5/1 appears to still be an option Please notify the applicant and provide CTB with a confirmation as soon as possible Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P O Box 7581 Greeley, CO 80632 tel (970) 400-4226 e j Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Susan Lombardi <susan lombardi@nexius corn> Sent: Thursday, March 7, 2019 10 09 AM To: Chris Gathman <cgathman@weldgoV com>, Jacob Everhart <leverhart@eneriDlus corn> Cc: Esther Gesick <egesick@weldgov corn>, Selena Baltierra <sbaltierra@weldgov corn>, Joe Oliver <ioe oliver@nexius corn>, Susan Lombardi <susan lombardi@nexius corn> Subject: RE USR- USR18-0123 MRUTH027350 -13102306 - NSB-FN-CO HWY14_BRIGGSDALE_COL03215 Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know:the content is safe t Morning Chris, Continue AT&T's Weld County BOCC hearing scheduled for March 20, 2019 to April 22, 2019 at 10 00AM Please confirm continuance Best regards, Susan Lombardi Zoning and Permitting Specialist +1 (303) 641-2871 susan lombardi@nexius corn 2 www nexius corn EXIL_ S The infoi mation contained in this e-mail is confidential and/or propiietary to Nexius and is intended only for use by the parties to which it is addressed If you are not the Intended recipient, you are hereby notified that any review retransmission, dissemination, distribution copying or other use of, or taking of any action in reliance upon this information is strictly prohibited From: Chris Gathman <cgathman@weldgov corn> Sent: Thursday, March 7, 2019 8 14 AM To: Susan Lombardi <susan lombardi@nexius corn>, Jacob Everhart <leverhart@enerplus corn> Cc: Esther Gesick <egesick@weldgov corn>, Selena Baltierra <sbaltierra@weldgov corn> Subject: RE USR- USR18-0123 MRUTH027350 - 13102306 - NSB-FN-CO HWY14_BRIGGSDALE_COL03215 ,` Dear Susan, I spoke with our Clerk to the Board office yesterday regarding alternative dates Based on existing case schedules the earliest date to continue the hearing to that is a possibility is Monday 4/22 at 10 AM Regards, Chris Gathman Planner III Weld County Department of Planning Services 1555 N 17th Avenue tel 970-400-3537 fax 970-400-4098 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Susan Lombardi <susan lombardi@nexius corn> Sent: Thursday, March 07, 2019 8 11 AM To: Chris Gathman <cgathman@weldgov corn> Cc: Susan Lombardi <susan lombardi@nexius corn> Subject: USR- USR18-0123 MRUTH027350 - 13102306 - NSB-FN-CO HWY14_BRIGGSDALE_COL03215 3 Caution This email originated from outside of Weld County Government Do not click links or open attachments unless ��you recognize the sender.and know,the content is safe ,,, - Morning Chris, I left a message this morning, but I thought I would follow up with an email AT&T is probably going to ask for a continuance of the March 20 BOCC hearing, but would like to know when it would be re -scheduled before we commit to it Best regards, Susan Lombardi Zoning and Permitting Specialist +1 (303) 641-2871 susan Iombardi@nexius com www nexius corn NEXIUS The information contained in this e mail is confidential and/or proprietary to Nexius and is intended only for use by the parties to which it is addressed If you are not the intended recipient, you are hereby notified that any review, retransmission dissemination, distribution, copying or other use of, or taking of any action in reliance upon this infoi motion is sti ictly pi ohibited 4 April 22, 2019 Chris Gathman and Board of County Commissioners Weld County 1150 O Street Greeley,CO 80631 Re: Supplemental Documentation for Board of County Commissioners hearing on May 1, 2019 for USR# 18-0123 As a result of the hearing before the Weld County Planning Commission on March 5, 2019, I am providing the following attached supplemental information prepared by Liz Walker with the Wireless Policy Group, LLC. Respectfully submitted, Joe Oliver Site Acquistion Manager 352-573-7297 Joe.oliver@nexius.com www.nexius.com NEXIUS ® wwwnexius.com ® (:aNexiusInc Pope) & Ccnfrkn O joe.oliver@nexius.com O 2595 North Dallas Parkway, Suite 3OO Frisco, TX 75O34 ® (352) 573-7297 ®� /� f WIRELESS POLICY VV GROUP __U.._ April 22, 2019 Mr. Chris Gathman and Weld County Board of County Commissioners Weld County 1150 O Street Greeley, CO 80631 Re: Updated Narrative in Support of USR 18-0123 Dear Mr. Gathman and Commissioners: I am writing on behalf of New Cingular Wireless PCS, LLC ("AT&T") and in support of the pending application number, USR 18-0123. We are writing to explain why it is economically infeasible for AT&T to collocate on the ATC tower that is in the vicinity of this proposed site and update our Statement of Compliance to demonstrate our full compliance with the Weld County Code. Statement of Economic Infeasibility Compliance with Weld County Code Sections 23-4-810 and 23-4-830.C4. Weld County Code requires that wireless providers proposing new facilities consider co - location opportunities before proposing a new facility. That requirement, however, is predicated on "economic and technical feasibility." See Weld County Code, §23-4-810, Preferred order for locating Telecommunication Facilities. Furthermore, Section 23-4- 830.C.4 states that the applicant "may provide written justification and evidence why CO - LOCATION is not possible." In this case, AT&T is proposing a new facility as it is the only economically and technically feasible option. Collocation on the ATC site is not required under the code as it is economically infeasible.' Included with this narrative is a letter from AT&T Area Manager Becky John Haney in which she explains that the ATC site is not an economically feasible collocation option due to the high cost associated with estimated structural reinforcements need for the initial installation and the tower extension and rent that is historically and consistently exponentially higher than other tower companies and private landlords. (See EXHIBIT 1, Letter from AT&T Area Manager Becky John Haney) Ms. John Haney confirms that the structural costs associated with reinforcing the American Tower site are estimated to be in The other order of preference for locating new facilities are not technically feasible. "B. TELECOMMUNICATION ANTENNA, ATTACHED" is not a technically feasible option because there are no structures in the area of sufficient height to attach to. "C. TELECOMMUNICATION ANTENNA, CONCEALED" is not practicable given the location of the facility or technically feasible given the height needed to provide coverage in the area. 303-264-7455 liz.walker@wirelesspolicy.com www.wirelesspolicy.com April 22, 2019 Page 2 the range of $100,000 to $150,000, especially since the site is over 25 years old. Ms. John Haney also includes information regarding comparative rents in Weld County and Colorado charged by American Tower that are over 700% higher than rents charged by private landlords. (See EXHIBIT 1, Letter from AT&T Area Manager Becky John Haney) Denying AT&T's application based upon a requirement to collocate on the American Tower site would effectively give American Tower a monopoly on the market and allow them to overcharge for tower space and arbitrarily and unfairly increase the cost of providing wireless phone service for consumer and emergency use. Weld County included the above referenced provisions regarding economic infeasibility in their code to protect against this exact situation. Statement of Compliance with Weld County Code Provisions Sections: 23-4-820 — 23-4-880 Section 23-4-820 General Requirements A. TELECOMMUNICATION FACILITIES on Residential Properties. TELECOMMUNICATION FACILITIES may not be placed on properties or buildings used primarily for residential purposes. This does not apply to buildings containing eight (8) or more dwelling units or farms and ranches containing dwelling units. Applicant Response: This provision is not applicable. B. TELECOMMUNICATION FACILITIES are allowed as a use by right or accessory use on a property as follows: 1. TELECOMMUNICATION ANTENNA, ATTACHED AND TELECOMMUNICATION ANTENNA, CONCEALED are permitted by administrative review in all zone districts. Applicant Response: This provision is not applicable. 2. TELECOMMUNICATION ANTENNA TOWERS are not allowed in the following zone districts: R-1, R-2, R-3, R-4, R-5, E and PUD (with Residential uses). Applicant Response: The proposed facility is not located in any of the prohibited zone districts. 3. TELECOMMUNICATION ANTENNA TOWERS are permitted either as a use by right, accessory use, or Use by Special Review in the following zone districts: C, I, A and PUD (with Commercial or Industrial uses). April 22, 2019 Page 3 Applicant Response: The proposed facility is located in the A zone district and is subject to a Use by Special Review in accordance with this section. C. Accessory uses to a TELECOMMUNICATION ANTENNA AND TELECOMMUNICATION ANTENNA TOWER shall not include offices, broadcast studios, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. Applicant Response: The proposed facility is in compliance with this section and does not include requests for any of the above uses. Section 2-4-830 Standards for Telecommunication Antenna Towers A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a use by right, accessory uses, subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad, mounting structures and panel antennas, but excludes lightning rods and whip antennas. Lffe byRight-or Accessary use zaningPermltfor TELECOMMUNIC4TUONSANTENNA TOWER use tiySpedat RotiewPOmlrOppiiotial required fa-?^. up c•:.'': 1?a: r he.r I.reete, that : 1 `etn Ir haJ: -t Applicant Response: The proposed facility will be greater than 70 feet in height and is being reviewed as a Use by Special Review in accordance with the above provision. B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high must be located at least one thousand (1,000) feet from other TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high that are capable of supporting TELECOMMUNICATION FACILITIES. Closer spacing between TELECOMMUNICATION ANTENNA TOWERS may be granted through the Use by Special Review process. This radial spacing requirement does not apply to facilities located at designated antenna farms. Applicant Response: The application is in compliance with this provision. The proposed facility is located more than 1,000 feet from all other Telecommunication Towers that exceed 35' in height C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit April 22, 2019 Page 4 application requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing the following standards: 1. Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA TOWER. Applicant Response: The application is in compliance with this provision. The applicant has provided documentation that demonstrates that the American Tower Telecommunication Tower is not collocatable due to economic infeasibility. (SEE EXHIBIT I, Letter from A T& T Area Manager Becky John Haney) No other facilities can accommodate the AT&T site as those facilities are not located in the area required to meet the coverage objective. The Applicant has provided a Report from AT&T RE Engineer Winnie Lai which identifies the area in which A T&T is seeking to provide service and shows that in order to achieve the needed coverage, the site needs to be in the specific location selected and at the height proposed. The site, as designed and where proposed, will provide the coverage needed to meet the A T& T Network and FirstNet service requirements. (See EXHIBIT 2, Report from A T& T RE Engineer Winnie Lai) 2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft. Applicant Response: The application is in compliance with this provision, and the Applicant has provided an FAA No Hazard letter to document compliance with this standard. 3. The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property to contain on site all ice -fall or debris from TELECOMMUNICATION ANTENNA TOWER failure. Applicant Response: The application is in compliance with this provision. The site plan provided with this application shows that the site will contain and protect against any falling ice or debris as the site is enclosed within a fenced and secured compound. 4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO -LOCATION. The applicant may provide written justification and evidence why CO -LOCATION is not possible. The Board of County Commissioners may revoke permits or other administrative approvals if conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO -LOCATION, but: Applicant Response: The application is in compliance with this provision and is capable of accommodating 3 other carriers. (See EXHIBIT 6, Statement Regarding Structural Capacity). April 22, 2019 Page 5 a. The TELECOMMUNICATIONI ANTENNA TOWER owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the TELECOMMUNICATION ANTENNA TOWER or cause interference. Applicant Response: AT&T is unable to collocate on the American Tower Telecommunication Tower to the north hecause of economic infeasibility including a rent that exceeds fair market value as compared to other sites in Weld County and throughout Colorado. Moreover, American Tower has made no showing that the tower can accommodate A T& T's equipment and that the addition o f that equipment would not impair the structural integrity of the existing tower. (EXHIBIT 1, Letter from A T& T Area Manager Becky John Haney) b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the structure in a way to make CO -LOCATION impractical or impossible. Applicant Response: Collocation is impractical due to economic infeasibility. (See EXHIBIT 1, Letter from AT&T Area Manager Becky John Haney) c. If approval is revoked, the facility must be removed at the owner's expense. Applicant Response: The applicant acknowledges this provision. 5. The TELECOMMUNI 'CATION ANTENNA TOWER shall have the least practicable adverse visual impact on the environment. Applicant Response: The application is in compliance with this provision. The proposed facility is a guyed tower design which is appropriate for the height needed. The site has a slim profile and is visually consistent with other approved. facilities in this area and zone district. 6. The proposed TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will adversely affect human health. Applicant Response: The applicant has provided a letter certifying compliance with all FCC emissions standards. (See EXHIBIT 3, A T& T RE Compliance Letter) 7. The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height needed to accommodate the TELECOMMU\ !CATION ANTENNA. Applicant Response: The applicant Juts provided an RF Report demonstrating that the proposed height is necessary to meet the coverage objective for providing A T& T Network and FirstNet service to the area. (See EXHIBIT 2, Report from AT&T RE Engineer Winnie Lai) April 22, 2019 Page 6 8. The proposed TELECOMMUNICATION ANTENNA TOWER shall comply with all applicable federal and State regulations. Applicant Response: The application is in compliance with this provision. 9. The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall insure structural integrity. Applicant Response: The application is in compliance with this provision and the applicant will provide structural drawings at the time it submits its building permit application in accordance with Weld County Building Code requirements. 10. The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to discourage unauthorized climbing and to insure the security thereof. Applicant Response: The application is in compliance with this provision, and the tower is equipped with adequate anti -climbing and security measures. Network and security is of the utmost importance to all the carriers. The site is located within a secured compound. Attempts at unauthorized access will trigger an alarm and alert a 24 hour call center who will respond to the alarm. 11. All reasonably possible sites for the TELECOMMUNICATION ANTENNA TOWER have been considered, and the proposed site is the most appropriate, available site from a land use perspective. Applicant Response: Other facilities were evaluated for possible collocation. The Washburn Duangchai site (45254 CO Rd 81, Briggsdale) was selected because it met the technical requirements for .A T& T's network and was economically feasible. (See EXHIBIT 1, Letter from A T& T Area Manager, Becky John Haney and EXHIBIT 2, Report from AT&T RE Engineer Winnie Lori). The following candidates were evaluated, .hut were rejected for the following reasons: 1. Southern Star Central Gas Pipeline, Inc: 40.639444, -104.219722: This site was evaluated but it did not satisfy the technical requirements. The Southern Star site would leave one -tenth of' the area the Washburn Duangchai without service. (EXHIBIT 2, Report from AT&T RE Engineer Winnie Lai). Additionally, there are concerns that the underlying lease with the landlord may not he renewed when the lease expires in two years. This provides a high level of economic uncertainty. April 22, 2019 Page 7 2. American Tower Corp: 40.665883, -104.285556: A T&T considered this site, but due to the high cost of rent, this site is not economically feasible. (See EXHIBIT 1, Letter from A T& T Area Manager, Becky John Haney). 3. Industrial Tower and Wireless: 40.611233, -104.296175: This site was evaluated but did not satisfy the technical requirements as well as the Washburn Duangchai site. The Industrial Tower site would leave approximately one fifth of the coverage area without service. (EXHIBIT 2, Report from A T& T RE Engineer Winnie Lai). 12. The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact wildlife. Applicant Response: The application is in compliance with this provision, and the applicant has either obtained or is in the process of obtaining all regulatory clearances associated with wildlife impacts. 13. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan. Applicant Response: The applicant is providing a Decommissioning Plan with this resubmittaL (See EXHIBIT 4, Decommissioning Plan) D. TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks. 1. TELECOMMUNICATION ANTENNAS. ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. Applicant Response: The application is in compliance with this standard and does not encroach into the minimum building setbacks. 2. Minimum setbacks for TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum building setbacks in the underlying zoning district. Applicant Response: The application is in compliance with this standard and conforms to the minimum setbacks for the zone district. 3. Minimum setbacks for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From property lines of properties in the A, C, I and PUD (with Commercial or Industrial uses) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building setbacks and offsets in the underlying zone district. April 22, 2019 Page 8 Applicant Response: The application complies with this requirement. The setbacks for the site are greater than the tower height and are as follows: Property Line Setbacks (See Drawings Page, ZD-2) North 2307' 7" East 2436' 10" South 312' West 2805' 6" b. From subdivision exemption boundaries for temporary use of a parcel for Telecommunication Antenna Tower Facilities in the A, C, I and PUD (with Commercial or Industrial uses) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building offsets in the underlying zone district unless evidence of a recorded easement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property is provided. As an alternative, the applicant can provide stamped documentation from an engineer demonstrating that the tower and debris will fall completely within the boundary of the subdivision exemption. Applicant Response: The application conforms to this standard, and the setbacks fin the site are set forth above. 4. Guy wires and equipment buildings and cabinets. No part of the TELECOMMUNICATION ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property boundary than minimum building setbacks and offsets in the underlying zone district. Applicant Response: The application conforms to this standard, and the setbacks for the site are set forth above. E. Equipment Design. I. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15) feet over the height of the building or structure and may exceed the underlying zoning district height limitation. TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a building or structure wall must be as flush to the wall as technically possible, and must not project above the top of the wall, and must be located, painted and/or screened to be architecturally and visually compatible with the building it is attached to. April 22, 2019 Page 9 Applicant Response: The rooftop dimensional standard is not applicable to this request. 2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth - tone colors that blend, to the extent possible, with the surrounding building and natural environment, unless State or federal regulations require specific colors. Applicant Response: The proposed facility will comply with this provision. 3. TELECOMMUNICATION ANTENNA TOWERS must not be artificially lighted unless required by the FAA or other State or federal agency. Security lighting on the site may be mounted up to twenty (20) feet high and must be directed toward the ground to reduce light pollution, prevent offsite Iight spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER. Applicant Response: The proposed facility will be lighted in accordance with FAA requirements. 4. Equipment buildings must be compatible with the architectural style of the surrounding building environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment buildings must be constructed with materials that are equal to or better than the materials of the principal use. Equipment cabinets must be located, painted and/or screened to be architecturally and visually compatible with the surrounding building and natural environment. Applicant Response: Equipment buildings will be similar to shelters approved in the area at other Telecommunication Tower sites. 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying zone district as delineated in Chapter 14, Article IX of this Code. Applicant Response: The proposed facility will comply with applicable noise standards. F. Base or Accessory Site Design. 1. If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment may be installed when any part of the facility is visible from public rights -of -way or adjacent properties. April 22, 2019 Page 10 Applicant Response: Due to the remote location of the facility and its location in the center of this property, this requirement has been waived. 2. Existing vegetation and grades on the site should be improved or preserved to the extent possible. Applicant Response: The applicant will comply with this request. 3. Signage at the site is limited to nonilluminated warning and equipment identification signs. This does not apply to concealed antennas incorporated into freestanding signs. Applicant Response: The applicant will comply with this standard. 4. TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones, must not include manned offices, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. Applicant Response: The applicant is proposing an unmanned facility and will comply with this standard. G. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety (90) days to re- use the facility or transfer the facility to another owner who will re -use it or remove the facility. Evidence of such shall be provided, in writing, to the Department of Planning Services. 1. Removal of abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of TELECOMMUNICATION ANTENNA TOWERS deemed by the County to be abandoned. 2. If required by the Director of Planning Services or the Board of County Commissioners, the applicant or owner shall submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the April 22, 2019 Pagel l County policy on collateral for improvements. The agreement shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. Applicant Response: The applicant will comply with the abandonment and removal requirements. Section 2-4-840 Supplemental Use by Special Review Permit application requirements for Telecommunication Antenna Towers A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, must include the following: 1. A Site Plan showing the location and legal description of the site; on -site land uses and zoning; adjacent roadways; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; setbacks from property lines; and the location of the TELECOMMUNICATION FACILITY, including all related improvements, buildings and equipment. Applicant Response: A compliant site plan has been provided. 2. A vicinity map showing adjacent properties, general land uses, zoning and roadways: a. Within one hundred (1 00) feet of a proposed attached antenna site. b. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNAS, CONCEALED, temporary TELECOMMUNICATION ANTENNA TOWER or micro -cell TELECOMMUNICATION ANTENNA TOWER site. c. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNA TOWER site. Applicant Response: A compliant vicinity map has been provided. 3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, structures, equipment buildings and cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. Applicant Response: Compliant elevation drawings have been provided. 4. If required by the Department of Planning Services, photo -realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The April 22, 2019 Page 12 Department of Planning Services may request photo -realistic renderings of the site from specific vantage points. Applicant Response: This provision was waived by Planning Staff. 5. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. Applicant Response: The Applicant has provided a report documenting the need for the Facility and a statement addressing structural capacity. (See EXHIBIT 2, Report from A T& T RF Engineer Winnie Lai and EXHIBIT 6, Statement regarding Structural Capacity). 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. Applicant Response: FAA No Hazard letter has been provided. 7. If landscaping/screening is required by the Department of Planning Services the applicant is responsible for landscaping, screening, site maintenance and the replacement of dead plant material. Applicant Response: Not required. 8. A schedule for the installation of landscaping and screening, if applicable. Applicant Response: Not applicable. 9. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co -location is not possible. Applicant Response: Provided (See EXHIBIT 5, Letter of Intent Regarding Collocation and Removal) 10. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to April 22, 2019 Page 13 commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. Applicant Response: Provided. (See EXHIBIT 5, Letter of Intent Regarding Collocation and Removal) II. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. Applicant Response: Provided with this updated narrative. (See EXHIBIT 2, Report from A T& T RF Engineer Winnie Lai.) B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one ( I) mile beyond the County border, including Wyoming. Applicant Response: Not required as this is not the first application proposed by A T& T in Weld County. Sec. 23-4-850. - Application review of Telecommunication Antenna Towers. A. Technical Issues and Expert Review. TELECOMMUNICATION FACILITIES may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Department of Planning Services may require the applicant to pay reasonable costs of a third -party technical study of a proposed TELECOMMUNICATION FACILITY. Selection of experts to review the proposal will be at the sole discretion of the County. Applicant Response: The Applicant acknowledges this provision. B. Building Permits. Zoning Permit and Use by Special Review approval of TELECOMMUNICATION FACILITIES are separate from the building permit review process. Building permits for the construction of TELECOMMUNICATION FACILITIES cannot be issued until the facility is approved through the administrative, Planning Commission or Use by Special Review process. Applicant Response: The applicant acknowledges that the building permit process is separate from planning review. April 22, 2019 Page 14 Sec. 23-4-860. - Information request. A. System Information. A TELECOMMUNICATION ANTENNA TOWER provider will meet with the Department of Planning Services to furnish information about the proposed system design. Applicant Response: The applicant agrees to this provision. B. Information Sharing. The Planning Department may share information with other interested parties seeking to locate TELECOMMUNICATION FACILITIES in the County in an effort to promote CO -LOCATION and co -development of TELECOMMUNICATION FACILITIES. Applicant Response: To the extent information is not proprietary, the applicant acknowledges this provision. Sec. 23-4-870. - Zoning Permit for Telecommunication Antenna Tower permit application requirements. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include the following: A. Name, address and telephone number of the applicant. B. Name, address and telephone number of the owner of the land, if different from Paragraph A above. C. Parcel number and legal description of the property for which the application is made. D. Evidence of interest in the subject land held by the applicant. E. Number of acres of the property. F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, structures and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. Applicant Response: Elevation drawings have been provided. G. Weld County Access Permit. Applicant Response: The applicant will submit for an access permit upon approval of the USSR. April 22, 2019 Page 15 H. A vicinity map showing adjacent properties, general land uses, zoning and roadways: 1. Within five hundred (500) feet of the proposed Antenna TELECOMMUNICATION ANTENNA TOWER site. Applicant Response: A Vicinity Map has been provided. I. A sketch plan of the site at the scale of one (I ) inch represents fifty (50) feet, or other suitable scale, to show: 1. The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other support structures (guy wires), including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. 2. Location and measurements of any easements or rights -of -way. 3. Amount of road frontages. 4. Identification of any County, State or federal roads or highways. 5. Existing STRUCTURES on the property. 6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support structures. Applicant Response: Compliant plans have been provided. J. If required by the Department of Planning Services, photo -realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo -realistic renderings of the site from specific vantage points. Applicant Response: This has been waived. K. A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. Applicant Response: This has been provided. (See EXHIBIT 2, Report by AT&T RF Engineer Winnie Lai and EXHIBIT 6, Statement regarding Structural Capacity) April 22, 2019 Page 16 L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. Applicant Response: This has been provided. M. A schedule for the installation of landscaping and screening, if applicable. Applicant Response: Not applicable. N. If landscaping/screening is required by the Department of Planning Services, the applicant is responsible for landscaping, screening, site maintenance and the replacement of dead plant material. Applicant Response: The Applicant acknowledges this provision with respect to any site maintenance. The landscaping provisions are not applicable as landscaping is not required. O. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co - location is not possible. Applicant Response: A Letter of Intent is being provided with this resubmittal. (See EXHIBIT 5, Letter of Intent Re Collocation and Removal) P. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operation, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. Applicant Response: This has been provided. Q. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. Applicant Response: This is being provided with this resubmittal. (See EXHIBIT 2, Report from A T& T RF Engineer Winnie Lai) April 22, 2019 Page 17 R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. Applicant Response: As this is not AT&T's first Weld County application, the inventory is not required per the code. This is consistent with Mr. Gathman's remarks at the March 5, 2019 Weld County Planning Commission hearing, which are summarized in the "Summary of Weld County Planning Commission Meeting" page 3 as follows: Mr. Gathman stated that the main provider on the antenna (with the exception of FirstNet) is A T& T. The inventory of existing telecommunications facilities is required for the, first application for a telecommunication provider in the County. A T& T is not new to Weld County. S. An application fee. Applicant Response: The application fee has been paid. T. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the TELECOMMUNICATION ANTENNA TOWER shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Applicant Response: This list has been provided. U. A letter of intent or lease agreement statement which addresses removal of the TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. April 22, 2019 Page l8 Applicant Response: This is being provided with this resubmittal. (See EXHIBIT 5, Letter of Intent Regarding Collocation and Removal) Letter from Walter Leslie Re Public Safety Collocation Applicant Response: AT&T encourages Weld County to take advantage of the available space on the new structure as it can support plenty of loading. AT&T will assist Public Safety with the colocation process to ensure all compliance, guidelines, and policies are complied with before installing, AT&T makes every effort to ensure safety for all parties that are added to its towers. CONCLUSION Having provided all the documentation required for this application review, the applicant respectfully requests approval of the Use by Special Review application. Sincerely, Liz tnla LIUUY Liz Walker April 22, 2019 Page 19 EXHIBIT LIST Exhibit 1 Letter from AT&T Area Manager Becky John Haney Exhibit 2 Report from AT&T RF Engineer Winnie Lai Exhibit 3 AT&T RF Compliance Certification Exhibit 4 Decommissioning Plan Exhibit 5 Letter of Intent Re Collocation and Removal Exhibit 6 Statement regarding Structural Capacity AT&T Mobility Construction & Engineering 161 Inverness Dr. West, 2"° Floor Englewood, Co 80112 April 22, 2019 Mr. Chris Gathman and Weld County Board of County Commissioners Weld County 1150 G Street Greeley, CO 80631 Re: Letter in Support of USR 18-0123 Dear Mr. Gathman and Commissioners: I am the AT&T Area Manager responsible for new site development in Weld County and am writing to you in support of our pending application, USR 18-0123. I understand that American Tower owns an existing guyed tower near the proposed site location of the new AT&T facility. AT&T is not pursuing a collocation on that American Tower site as the costs associated with structurally reinforcing that tower and the high rents charged by American Tower make the site infeasible from an economic standpoint. The American Tower site was constructed in approximately 1993, over 25 years ago. We estimate that significant structural improvements would be needed to accommodate AT&T's full load of equipment on the American Tower site, including AT&T's FirstNet equipment. The American Tower site was likely designed and constructed under the old Rev F or G building code standard applicable to towers. Based on the information available to AT&T, it's highly likely that AT&T would be required to upgrade the tower to the current Rev H code or otherwise structurally reinforce it so that it could accommodate not only AT&T's initial installation but upgrades needed to modernize and optimize the network over time. In addition, a 20' tower extension is required to support the coverage objective involving an estimated structural and construction cost range of $100,000 to $150,000. According to the Weld County building peanit record, the American Tower site underwent structural modifications in 2013, but those reinforcements are typically paid for by the tenant and done only to reinforce the tower to the extent needed for any currently proposed modifications need to accommodate the equipment of that particular tenant only. Tenants seeking to install new equipment would be required to pay for reinforcements associated with their equipment. USA •:: CR:1 1potNwu o; to:: US. Olympic Ituhrt, Exhibit 1 ttzm.,__a5t_ist tt AT&T Mobility Construction & Engineering 161. Inverness Dr. West, 2"" Floor Englewood, CO 80112 In addition to the technical upgrades associated with AT&T's core network, we also have a responsibility to provide and maintain FirstNet service. AT&T would need to continually upgrade and maintain the equipment that provides this important public safety service. Periodic equipment modifications and additions would be needed for the foreseeable future that would include continually reinforcing this 25 year old tower. These unpredictable and currently unknown expenses add to the economic infeasibility of collocating on the American Tower site. Rents charged by American Tower for collocations are consistently and significantly higher than rents for private property and other tower owners. I have obtained and reviewed the relative average rents for AT&T collocations on American Tower sites in the State of Colorado, the AT&T Colorado submarket and Weld County, Colorado. I have included a chart that compares those average rents. (see Statement of Economic Infeasibility, Rent Comparison, Attachment 1) American Tower rental rates are approximately 700% higher than the average rent for leases on non -tower company properties and, on average, 100% higher than rent for leases on other tower company assets. (See Attachment 1). AT&T negotiates tower company leases on a national basis that are then memorialized in a "Master Lease Agreement" which sets the standard rental rates applicable to all sites. This is an accepted and standard practice in the wireless industry, and allows AT&T predictability with respect to rental rates which is an important business consideration. At this time, AT&T and American Tower do not have a Master Lease Agreement in place. The new site proposed by AT&T will not involve any up front capital investment. The new tower construction costs will be the responsibility of a "build to suit" vendor who will construct the tower and lease it back to AT&T. The capital construction costs will be recovered by that vendor through the monthly lease rates charged to AT&T and set forth in the attached cost estimate. Collocation on the American Tower site would not be economically feasible given the upfront structural reinforcement costs and the significantly higher rent charged by American Tower. Sincerely, Becky John -Haney Area Manager, Real Estate & Construction AT&T Mobility - Rocky Mountain Region t.:,)••••••;” .,. ,n.. ., ;: M 'e.AT © 2014 AT&T Intellectual Property_ All rights reserved. AT&T and the,AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside: the AT&T companies except under: written agreement, AT&T Briggsdale CO103215: Co -location v. New Tower Rent Comparisons Average Rent and Number of Sites by Parent Company Tower Collocation Parent Company ATC Crown SRC independent Weld County Number of Sites 5 15 3 1 Average Rent $7,622 $3,064 $42921 $952 Submarket Colorado Number of Sites Average Rent $52427 131 $2,638 29 $6,234 54 $2,761 State - Colorado Number of Sites Average Rent 100 243 37 87 $5,959 $2,612 $6,276 $3,186 Tower Strategy Data Artalyti.t.s Source: Site Info Agreement Leu•el Report Executed on: 03152019 For a &A on: this report contact TSDA Team at; gi2S9C@att-tom AT&T Propri eta ry [Internal Use Dnl•y:i Not for use or disclosure outside the AT&T tompanies e.n:tept underwritten agreement •`• 2u14 A?&1 n,tollectr,al I•uopciiy All ire hts resrivvd M &I anz the Al&l lor;u drd uodernatk. or Al&1 i itellecruol P'cpeny l&f le idly tih',t._•in.rl U'.a Vl?lyl Nut lui usr- of driClu•:ute ut?sedr OR: ;kI&I tumpdnres exCep( under iroid'trnnl?ieei; enl Rethink Possible® �.,.:d NSB Gn idate Selection FN COL03215: Hwy14 & Briggsdale 4 Towers comparison Exhibit 2 © 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. ow rs o Owner AT&T Tower American Tower Corp Industrial Tower and Wireless LLC Southern Star Central Gas Pipeline Inc Latitude 40.6608 58 40.665833 40.611233 40.639444 Longitude -104.285136 -104.285556 -104.296175 -104.219722 Height (ft) 256' 190'-- Available RAD 172' 330'- Available RAD unknown 275' -Available RAD unknown Ground Elevation (ft) 5055' 5105' 4877' 5029' 2 ©J 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. 4/22/2019 2•:;;O;: Existtng C:.:vera e and S'A". RF Coverag r II'S tower height oS the rn n murn necessary to meet AT&T's network and Forst ExistingCoverage 1 lI� 3 Net's sere ce area objecti vesa -"ISM is �.rcr"C«P �- UFPI COL03215 RING ate • I hem 3ar-Cent`al :Gan Stine._ It . 1 +dinirla! Tower and Winclosa LLC- - 'I 11 a ' u, Y• '4 , �� ,_ seta I I I J� . - rw� �'1a 1 l r , Nci • v i—r { 4. _r S On Street In Car In building Proposed SR Coverage © 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. COL03215 RING On Street In Car ■ In building Candidate B Location LIE 700 Coverage Sh1T:Win AT&T ani Candidate B Antenna Centerline @ 2461t TMs Mite wouM cover approx. 359 sq. mi Proposed SR Coverage cath a COL03215 RING I °lQ�l�wct°wcrI:Cotp J H1 �r hem 3acce x'ral Cu-es.lNpclinn:b I t� r— -., Industnal Tower and Wireless LC -L_ _ J _.I , _!? ,•, U t j I L-. rc I n -� 1 Lr 1 i_�_ . _ A.. , L_ II ,-z I — ! 6.5.. Y -k... D -1 i�.1 NIk L i. 4 •'? � dial ° �' '.1 i , -FL°. ,.i a. ��..E '-•v ee 4 © 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. COL03215 CANDIDATE B "WASHBURN DUANGCHAI" LTE 7Q0 Coverat" Showin ATC net American Tower Corp Antenna Centerline @ 172ft Proposed SR Coverage 5 CQLO3215 RING ATC Location Note: This candidate is not v ab e due to ecno sac onfeasob 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. Nty On Street In Car In building American Tower Corp LTE 700 Coverage Showing Industrial Tower & Wireless Antenna Centerline @ 326ft This site does n®t meet coverage objectives lit does not cover ap roddmatSy at/5 of the cverage area. Proposed SR Coverage COL03215 RING O3m-tr.-mi. 1 I j ,, Inmrdrtd Tower ad Wtrelcaa.LLC_� i On Street In Car In building Industrial Tower & Wireless Location , IA , ...L. , Li_ I ,__I , `tt ` _ -- , t r r,_ _It __.I_ rL t t 1%L`ii Industrial Tower 6 (0 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. LT 0+, Covenge Showing tem Star Gas Pipeline Antenna Centerline @ 271ft `Jfo� shte does not meet coverage objective. does not coven approxEnnateBy 1110 of the coverage area ° Proposed SR Coverage COL03215 RING The ground lease exports On Street In Car In building Southern Star Gas Pipeline Location 2 years and -, nth 7 v 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. rd u nsure 104 Southern Star bout ren merr'�.: c' c I, Winnie Lai, am the design RF Engineer responsible for this site. I certify through the information provided in this report that the specific site location on the subject property and the tower height (including the lightning rod) of 256' are both necessary to achieve the needed coverage provided by this site. A guyed tower design was selected as it is a typical site design for the area given the height needed and the rural environment of the site. AT&T will be providing tower drawings that demonstrate the tower capacity for this site. Signature: 8 t ; 2014 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. AT&T Proprietary (Internal Use Only) Not for use or disclosure outside the AT&T companies except under written agreement. 4/22/2019 at&t March 18, 2019 Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 AT&T Mobility 161 Inverness Dr W 2nd Floor Englewood, CO 80112 www.att.com As a Sr. RF Engineer of Radio Frequency (RF) Engineering at AT&T Mobility, I attest to the following in regard to the proposed wireless communications site, AT&T FA Code 13102306, located at 45254 Co Rd. 81, Briggsdale, Weld County, Colorado 80611: 1. The proposed AT&T wireless telecommunication facility will comply with all current Federal communications Commission's (FCC) guidelines and specifically OET Bulletin 65 for cumulative measurements of radio frequency power densities and electromagnetic fields. 2 The proposed AT&T wireless telecommunication facility will comply at all times with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts. a The proposed AT&T wireless telecommunication facility will not interfere with any public safety frequencies servicing the city and its residents. Specifically, said facility will not interfere with any municipal radio or wireless data communications equipment that is operating in the 800 Hz frequency band. All AT&T base station radios meet or exceed FCC regulations. Best regards, Jejeci /5-4v4 J. Shad Rydalch Sr. RAN Engineer AT&T RAN Engineering RF Safety for Rocky Mountain Region I Exhibit 3 Decommissioning Plan If AT&T decommissions the Tower located at 45254 County Road 81, Briggsdale, it will comply with the Lease between New Cingular Wireless, PCS, LLC ("AT&T) and DUANGCHAI WASHBURN for decommissioning, which is set forth in Paragraph 13 "Removal/Restoration". Paragraph 13 of the Lease provides: 13.REM0VAL/RESTORATION. All portions of the Communication Facility brought onto the property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be recovered by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant's removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty (12) days after the later of the end of the Term and cessation of Tenant's operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetations. "If required by the Director of Planning Services or the Board of County Commissioners, the applicant or owner shall submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents". (Section 23-4-830(G)). Additionally, AT&T will provide "adequate financial assurance to cover the decommissioning of the facility if it is a condition of approval" of the Special Use Permit. (Section 23-4-830 (C) (13)). Susan Lombardi Zoning and Permitting Specialist + 1 (303) 641-2871 susan.lombardi@nexius.com www.nexius.com NEXIUS Exhibit 4 0 www.nexius.com 4 k@Nexiuslnc 8 joe.oliver@nexius.com O 2595 North Dallas Parkway, Sate 3OO Frisco, TX 75O34 0 (352) 573-7297 LLc E&y& Canficiarb ' NEXIU SOLUTIONS March 18, 2019 Chris Gathman Department of Planning 1555 NORTH 17TH AVENUE GREELEY, CO 80631 Subject: Letter of Intent to allow Co -location and Removal/Restoration for USR 18-0123 NSB-FN-CO. HWY14_BRIGGSDALE_COL03215. To whom it may concern: Intent to Allow Co -Location It is AT&T's intention that this proposed Telecommunications Antenna Tower will support AT&T's equipment and accommodate colocation of at least three additional wireless carriers. AT&T proposes to install twelve antennas at an elevation of two hundred -fifty feet on the tower. This proposed tower will allow for thirty-six additional antennas, reasonably spaced to prevent interference. The proposed fifty -by -fifty -foot leased area on the property will also accommodate three additional carriers —AT&T proposes to occupy a small portion of that space. See previously submitted Site Plans dated September 6th, 2018 for specific information. Removal of Tower Additionally, removal of the proposed tower has been addressed in Section 13, "Removal/Restoration" of the lease agreement between New Cingular Wireless PCS, LLC (AT&T) and DUANGCHAI WASHBURN. This section is as follows: 13. REMOVAL/RESTORATION_ All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option. may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will became, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed. erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant's removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant's operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. Susan Lombardi Zoning and Permitting Specialist +1 (303) 641-2871 susan.lombardi@nexius.com www.nexius.com NEXIUS Exhibit 5 O www.nexius.com joe.oliver@nexius.com (352) 573-7297 Joe Oliver, Nexius Solutions 7025 S. Fulton Street, Centennial, CO 80112 Ti LL@/lAN A A N FRASTRUCTU RE 1955 Lake Way Drive Suite 265 B Lewisville, Texas 75057 Monday, April 22, 2019 Weld County Department of Planning and Development; Mr. Chris Gathman 1150 0 Street Greenly, Colorado 80631 Reference: USR18-0123 (Zoning file) — Duangchai Washburn property — Parcel No. 0545-14-4-00-007 Mr. Gathman, As according to the following guidelines as shown below: §23-4-840.45 `A report describing the TEL ECOMMUNICA TION FACILITY and the technical need and other reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. §23-4-870K "A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. This proposed structure is designed to hold a maximum of Three (3) carriers plus the associated equipment that is part of a configuration that would be considered "standard." Please note that with the ever advancing and evolving aspects of technical and materials, this type of tower could hold more carriers overall and Tillman Infrastructure Dallas, Texas 75019 8951 Cypress Waters BIvdjSuite 160 Exhibit 6 TILLMAN A INFRASTRUCTURE 1955 Lake Way Drive Suite 265 B Lewisville, Texas 75057 the associated equipment dimensions would be entirely dependent on this fluidity. A final design and structural analysis will be available once the entire configuration is made available. If you have any questions or need any additional information needed in the meantime, please do not hesitate to reach out to me at any time. With Regards, Claude Swain Sr. Site Development Project Manager Tillman Infrastructure Dallas, Texas 75019 8951 Cypress Waters BIvdISuite 160 HOaAND&F-IART PRI April 30, 2019 Weld County Commissioners 1 150 O Street Greeley, CO 80631 Jordan J. Bunch Associate Phone (303) 473-4828 Fax (303) 416-8891 JJBunchnhollandhart.com Re: Objection to Site Specific Development Plan and Use by Special Review Permit by Nexius Solutions, Inc. (on behalf of AT&T) (USR 1 S-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, LLC (the "Lessee") and Peter VR Freeman II 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 Wednesday May 1, 2019, at 10:00 a.m. by the Weld Count) Commissioners. 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 current 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 and requests that the application be denied or continued. ATC respectfully requests that AT&T's Application be denied for the following reasons: (I) the new telecommunications tower does not comply with the specifically stated purpose of the Weld County Code Ordinance of requiring co -location where possible, and (2) the telecommunications tower is not necessary for AT&T to provide the FirstNet program because the ATC tower can provide a comparable solution. Alternatively, ATC respectfully requests that this hearing be continued. AT&T previously sought and was granted a six week continuance. Less than a week before this hearing, AT&T provided several additional documents in support of its application. Notably, one of these documents — AT&T's rental rate model — reveals on its face that it was created on March 15. 2019, yet AT&T only submitted the documents last week despite the fact that such evidence was apparently available well before this time. ATC has not had sufficient time to review these documents. In light of the fact that the application was found to have had significant deficiencies at the Weld County Planning Commission hearing, ATC respectfully requests a continuance so that it may thoroughly review the information provided. T 303.473.2700 F 303.473.2720 One Boulder Plaza. 1800 Broadway. Suite 300 Boulder CO 80302-5289 www.hollandhart.com Alaska Colorado Idaho Montana Nevada New Mexico Utah Washington. D.C. Wyoming HOI±AND&FIART Pg April 30, 2019 Page 2 As an initial matter, the documents submitted by AT&T last week show a significant change in the application. The original application was submitted by Nexus Solutions, Inc. on behalf of AT&T. All documentation previously submitted demonstrated that AT&T would be the owner of the tower. However, for the first time last week, the documentation stated that the tower would be built and owned by a build -to -suit vendor, presumably I illman infrastructure, which will then lease space on the tower to AT&T. This is a significant change from what AT&T has previously represented and creates numerous issues with the application. For example, documentation included in the application shows that AT&T has agreed to provide space on the tower for Weld County emergency services; however, now that the tower will be owned by a third party, AT&T is no longer in the position to make that representation. Additionally, as required by the Code, Tillman Infrastructure should submit an inventory of their existing sites within Weld County. The application should, at the very least, be remanded to the Weld County Planning Commission for their review. 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...by:... 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 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. AT&T originally took the position 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. ATC presented evidence at the Weld County Planning Commission hearing that this statement was inaccurate because 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 RF coverage demonstrating that the A i'C 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. It appears from the additional material submitted by the applicant that AT&T has conceded this point and instead has taken the position that while co -location could provide sufficient coverage, it is economically infeasible. This statement is also inaccurate. In support of its position, AT&T submitted a statement that ATC's rental rates are approximately 700% higher than leases from non -tower company properties and 100% higher than leases on other tower company assets. Further, AT&T stated that co -location is not economically feasible because ATC and AT&T are not currently parties to a "Master Lease Agreement" vs h ich sets national leasing rates. Both of these assertions are inapposite. First, the Code does not state that co -location is required unless it is more expensive, it states that co -location is required unless it is not economically feasible. AT&T provided some rental figures without any www.hollandhart.com Alaska Colorado Idaho Montana Nevada New Mexic,.. Utah Washington. D C Wyoming HOULAND&HART. PR April 30. 2019 Page 3 context or explanation of how those numbers were obtained, as a result ATC cannot evaluate their accuracy. By way of example, AT&T did not specify whether these figures reflect only macros towers, like the ones at issue here, or if it also includes small cell, rooftop installation, and other non- standard tower installations. The financials are considerably different for each type of installation. It also appears that this report may have misidentified SBA as SBC (SBC is a portfolio of towers that are owned or were previously owned by AT&T). This mistake is emblematic of the lack of detail and information provided. Additionally, the report is dated March 15, 2019 but was not provided until the week before the hearing. Second, despite the fact that AT&T has known since February that ATC is seeking co -location, AT&T has never reached out to ATC to discuss rental rates. ATC has contacted AT&T in the last two weeks with an overture to discuss rental rates for this location: however, AT&T has not responded yet. Thus, AT&T's numbers are based purely on internal speculation and not on any information provided by ATC. Further to this point, AT&T has not provided the lease rates that it intends to pay Tillman Infrastructure for the proposed tower, nor has AT&T explained how modification costs would be handled in the event AT&T triggered a modification on Tillman Infrastructure's tower in the future. Those figures are crucial to AT&T's position that co -location on the ATC's Tower is not economically feasible. Without providing those figures. AT&T's position cannot be thoroughly vetted. Third, the suggestion that AT&T cannot and will not negotiate leases without a master lease agreement is not supported by the facts. AT&T and ATC recently agreed to terms on a co -location lease for a tower in Washington without a master lease agreement. AT&T has also not provided evidence that it has a master lease agreement with Tillman Infrastructure. As was the case with the Washington site, while ATC and AT&T are not currently parties to a master lease agreement, ATC is ready, willing, and able to offer one-off pricing for this site. For this reason alone, AT&T's rental rate model is irrelevant in that ATC would he offering site -specific pricing, unrelated to the data AT&T provided in their model. Further to that end, as a result of a separate agreement between AT&T and ATC, AT&T has a number of substitution schedule sites which can be utilized at "no incremental cost increase" for AT&T. One of those substitution sites could be applied to the ATC Tower. In addition to the foregoing, AT&T has leaned heavily on the argument that either the ATC Tower cannot support AT&T's equipment or that it will need structural modifications in order to accommodate AT&T's equipment and the cost of such modifications will be borne by AT&T. ATC has undertaken a preliminary structural review of the ATC Tower and determined and that it can, with minor modifications, support AT&T's antennas. A summary of that review is attached hereto as Exhibit C. While the ATC tower would require some minor modifications, the preliminary estimated cost of these modifications is substantially lower than AT&T's estimate. AT&T's position is, once again, based on assumptions without factual support. If AT&T has contacted ATC to explore co -location in good faith, these terms could have been discussed. ATC respectfully requests a continuance so that it can do a full structural analysis and provide a quote to AT&T. 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 thousands of 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 www. hollandhart.com Alaska Colorado Idaho Montana Nevada New Mexico Utah Washington. D.C. Wyoming HOaAND&HART April 30, 2019 Page 4 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&1 's equipment on the existing ATC Tower. In sum, for the foregoing reasons and the additional testimony given at the hearing on this Application, ATC respectfully requests that the County Commissioners deny AT&T's Application for approval of a telecommunications tower. Sincerely, /s/ Jordan Bunch Jordan J. Bunch Associate 12186245_5 www.hollandhart.com Alaska Colorado Idaho Montana Nevada New Mexico Utah Washington, D.C. Wyoming EXHIBIT A All that real property located in the State of Colorado, County of Weld, described as follows Notch 1/2 of Section 14, Township 8N, Range 62W except the West 1/2 of the Northwest 1/4 EXI-IIBIT 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 RF Engineering background designing service area coverage for wireless carrier networks. My resume has been provided in support of this statement. American Tower Corporation ("ATC") has an existing 190ft. tower structure (Site #82065) at SE1/4, N/W4, NE/4, SEC.14, TBN, R62W, Briggsdale, CO 80611. Today, the ATC tower has available space at 172ft. Antenna Center Line ("ACL"). AT&T has proposed a 250ft. tower structure (Site# COL03215) at 45254 County Rd 81, Briggsdale, CO 80611, approximately 0.65mi 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, 172ft. 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 700MHz 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 250ft. plus 5,020ft. ground elevation for a 5,270ft. AMSL on COL03215. ATC is proposing an installation of 172ft. plus 5,105ft. ground elevation for 5,277ft. AMSL on an existing structure. The total height difference is less than loft. Micah T Hawthorne 11/6.t. /Lac Principal Sales Engineer 10 Presidential Way • Woburn, MA 01801 • 781.926.4500 Office • 781.926.4555 Fax • www.americantower.com Exhibit 1: ATC's existing 82065 tower approximately 0.65mi from AT&T's proposed COL03215 tower on adjacent parcel 10 Presidential Wey • Woburn, MA 01801 • 781.926.4500 Office • 781.926.4555 fax • www.aniericantower.can Exhibit 2: Potential 700M1 -1z Indoor LIE coverage from 250ft. ACL on Al &T proposed CUL032 $ 5 tower 10 Ptesiiental Way • Woburn, MA 01801 • 781.926.4500 Office • 781.926.4555 Fax • www.arnericantofner.coin A AMERICAN TOWER' i Exhibit 3: Potential 700MHz Indoor LTE coverage from Proposed 172ft. ACL on ATC's existing 82065 tower 700MHz LTE Coverage ■ Good Indoor Coverage Good In -Vehicle Coverage II Good Outdoor Coverage 10 Presidential Way • Wotxxn, MA 01801 • 791 926.4500 Office • 781.926.4555 Fax • w►vw.anuericantower.corn • Program & project management • Multi -project engagement and coordination • Cross -functional collaboration Micah Hawthorne 10 Presidential Way, Woburn, MA linkedin.com/m/micahhawthorne d 781-926-4546 micah.hawthorne@americantower.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 MBA - High Technological Focused Certificate in Applied Project Management BS in Electrical Engineering Candidate for BS in Electrical Engineering 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 RFP 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 2004-2012 RF/BH 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 KPIs within 6 months of customer launch weathering 30% head count reduction Target exceeded on remaining 65% of KPIs 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 Nextel), Waltham, MA RF/BH Manager New England — Program Manager, 2 5 yrs • Managed project team of up to 11 RF/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% • Coordinated the RF/BH team's design efforts, aligning etncs and goals with local and remote cross - functional teams, including Site Acquisition, Constructs n, Field Operations, National Engineering, and Sales & Marketing teams Regularly evaluated, adjuste , 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 • Developed RF/BH team led On -Air site integration a d 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), Bedf rd, MA RF Design Manager New England North — Project Manage ent Lead, 2 yrs. • Headed team of RF design engineers responsible for 4 0+ single- and multi- technology site build plan deployment throughout New England area Deployment of note included site relocations and Cell -On - Wheels (COWs) for capacity expansion in Boston core an special events • Standardized zoning message and presentation format Debated the efficacy via mock trials Enabled consistent towns, engineer -to -engineer scheduling flexibility, and sho RF Engineer III — Project Manager, 1 5 yrs • Prepared and released coverage goals for new and reply plan budgets Sites chosen based on network performai team coverage expansion needs Presented RF coverage • Served as New England North Design Team POC fo timeframes for On Air integration Created RF plan for integrations in line with customer growth expectations, se specific requests, and budgetary constraints Met service metro Boston area with emphasis on urban core and redu from customers in poorly served areas or 3rd party Site Acquisition and Design team Message platform for better public awareness to ter time to permit for quicker NTPs cement site locations in accordance with build ice KPI improvement requirements and Sales o local boards for zoning permits cross -functional groups to meet deliverable ew sites and assisted project teams with site vice quality degradation, Sales team customer quality and coverage expansion needs in the red network trouble tickets by 50% over 1 year NEXTEL, (Converted to full time employee), Bedford, MA 2004-2005 RF Engineer II, 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 NH, ME, and MA Created interstate coverage otprint north of NH along 1-95 through to Bar Harbor, ME and Manchester, NH through to Lake Winnip saukee area increasing sales opportunities to resort POls • Reported in -field drive test analysis enabling service op imization for initial launch of Cingular's GSM network in San Antonio, TX 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 - release Trained and mentored drive test engineers for data allocation tool properties for product release to Cingular in ouse proprietary software tool for engineering processing, coverage analysis, and frequency vo OH and the PR markets GALAXY ENGINEERING SERVICES, Alpharetta, GA RF Design Engineering Consultant, 3 mos • Proposed search locations in Northeast region for America Tower's Build -To -Fill project Maximized potential interested carriers per tower for preem tive site builds with shortest ROI RF Associate Engineering Consultant, 1 yr 2000-2001 AWARDS Perfect Performance for achieving Bonus Level KPI performance supporting the Clearwire network ATC Site Number & Name Site Location Tower Description Basic Wind Speed Applicable Code AMERICAN TOWER` C O R P O R A T I O N Structural Evaluation 82065 Briggsdale, CO SE1/4, N/W4,NE/4,SEC.14,TBN,R62W Briggsdale, CO 80611-9121 N 40.665800, W 104.285600° 190 ft Guyed Tower 90 mph (3 -second gust, VASD)/115 mph (3 -second gu ANSI/TIA-222-G / 2012 IBC St, VULT) Evaluation Results: American Tower Engineering Services has completed an initial structural review of the above noted tower. The purpose of this review was to provide a preliminary evaluation as to if the tower can fit ATT's newly proposed equipment at the below listed RAD centers. After review, the subject tower can fit the below listed equipment but will require modifications in order to support the equipment. 170' RAD Center • (3) Commscope SFG2CT-12-B3 V -Boom Mounts • (12) Commscope NNH4-65C-R6 Panel Antennas • (18) Nokia Airscale Dual Band RRH's • (3) Raycap DC6-48-60-18-8 F • (6) Rosenberger WR-VGC043PR DC Cables • (3) Commscope RFFT-36SM-001-60M Fiber Cables 160' RAD Center • (2) Commscope UHX8-59-P3A • (2) Standoff Mounts • (4) Nokia 9500 MPR MPT-HC ODU's • (4) G50 Fiber Lines • (4) LMT -400 Coax 140' RAD Center • (2) Commscope UHX6-59/L • (2) Standoff Mounts • (4) Nokia 9500 MPR MPT-HC ODU's • (4) G50 Fiber Lines • (4) LMT -400 Coax Eng. It 12928640_01 February 27, 2019 Page 1 of 1 Reviewed B Authorized by "FOR" Feb 28 2019 5:46 PM • cosign Created By: Kevin Swiercz ATC Tower Services, Inc 3500 Regency Parkway, Suite 100 - Cary, NC 27518 - 919-468.0112 Office — 919.466-5414 Fax - www.americantower.com Selena Baltierra From: Sent: To: Cc: Subject: FYI. Chris Gathman Tuesday, April 30, 2019 3:33 PM Selena Baltierra Esther Gesick; Isabella Juanicorena; Jessica Reid FW: Public Safety Request Follow UP From: Bob Choate Sent: Tuesday, April 30, 2019 2:50 PM To: Chris Gathman <cgathman@weldgov.com> Subject: FW: Public Safety Request Follow UP Chris — FYI, here is some follow up correspondence related to Public Safety Communication's referral to USR18-0123. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Mike Wallace Sent: Tuesday, April 30, 2019 2:47 PM To: Bob Choate <bchoate@weldgov.com> Subject: FW: Public Safety Request Follow UP Michael R Wallace, ENP,CMCP Weld County Director of Public Safety Communications 1551 N 17th Ave Suite2 Greeley, CO 80631 Office: 970-304-6455 Email: mrwallace@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Walter Leslie Sent: Tuesday, April 30, 2019 2:22 PM To: Mike Wallace <mrwallace@weldgov.com> Subject: FW: Public Safety Request Follow UP 1 AT&T says this is approved Walt Leslie Public Safety Wireless Conununications Manager Weld County Public Safety Wifeless Communications /551 N 17th Ave Saute 2 Gaeel ', CO 8063/ Derk 970-400-2892 Cell 970-702-3142 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From. Liz Walker <liz walker@wirelesspolicv corn> Sent: Tuesday, April 30, 2019 2 05 PM To. Walter Leslie <wleslie@weldgov corn> Subject: RE Public Safety Request Follow UP Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe Hi Walt, This request is approved Thank you, Liz Liz Walker Wireless Policy Group LLC (303) 264-7455 mobile liz walker@wirelesspolicy corn From: Walter Leslie [mailto wleslie@weldgov com] Sent. Tuesday, April 30, 2019 1 06 PM To. Liz Walker <liz walker@wirelesspolicv corn> Subject. RE Public Safety Request Follow UP Liz, Weld County would be interested in installing the following equipment Antennas 2 2 each RFI Technology Solutions CC807-06 Collinear antennas at the 230 ft level (3 inch Diameter, 6 foot long 15 4 lbs see attached spec sheet) 1 each RFI Technology Solutions CC807-06 Collinear antennas at the 210 ft level 2 each Microwave dishes would be 6 foot dishes with radome at the 210 ft level if needed Weld County would explore fiber connectivity as an alternative to the microwave paths The 5 foot X 5 foot pad would probably need to be a 3 foot X 6 foot pad for effective cabinet placement Weld County would bear the costs for their equipment buildout Weld County would not interfere with AT&T operations and would mitigate any interference caused by the county to AT&T operations Weld County would install separate electrical service Walt Leslie Public Safety Wueless Communications Manager Weld County Public Safety Wucless Communications 1551 N 17th Ave Sale 2 Greeley, CO 80631 Derk 970-400-2892 Cell970-702-3142 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From. Liz Walker <liz walker@wirelesspolicv corn> Sent: Tuesday, April 30, 2019 8 49 AM To• Walter Leslie <wleslie@weldgov corn> Subject. Public Safety Request Follow UP , ; Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe Just to confirm our conversation • 5 x 5 pad ground space • 6 antennas • No interference with customer operations • All construction at cost of Public Safety • Separate metering Thank you, Liz 3 Hello