Special Use Review Application to Boulder County

Special Use Review Application to Boulder County Applicant / Tower Owner: Fidelity Tower Partners, LLC 7539 E. Stroh Rd. Parker, CO 80134 Contact: Nei...
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Special Use Review Application to Boulder County Applicant / Tower Owner: Fidelity Tower Partners, LLC 7539 E. Stroh Rd. Parker, CO 80134 Contact: Neil Wiser, Manager Phone: 303-870-1461 Proposed Site Location:

Existing Zoning: APN: Lease Area Size: Area of Ground Disturbance: Current Land Use: Requested Use:

Property Owner: Miramonte Colorado LLC 1000 E. Tufts Ave. Cherry Hills Village , CO 80113 Contact: Art Bosworth, Member Phone: 303-282-4134 North side of Hwy 72 - 0.7 mi. east of Boulder/Gilpin Co. line at Coal Creek Fire Station 32895 Hwy 72 Golden, CO 80403 F "Forestry" 157931000001 1400 sq ft (0.03 acre) 2600 sq ft (0.06 acre) Vacant with Dense Pine trees Special Use for new Telecommunications Facility, requiring a new structure, exceeding the district height limit of 35 ft.

Proposed Improvements:

75 ft. Telecom. Monopine (faux Pine Tree) 35 ft by 40 ft - wood fenced compound 11.5 ft by 28 ft - AT&T Equipment Shelter Associated antennas as shown on drawings 12 ft. wide graveled access road - 900 ft. long Overhead power service extension Underground telephone/ fiber optic cable

Attachments:

Boulder Co. Land Use Appl. form Development Report w/ project narrative Drawing set by Aaron Zimmer, Architect dated 7-14-14 Photosimulations (2) by Aaron Zimmer, Architect RF Coverage Analysis by AT&T List of Adjacent Property Owners Vicinity Map

Title Commitment by Fidelity National Boulder Co. Fee Agrmt. Boulder Co. Mineral Cert. Referral Packets (13) 1

DEVELOPMENT REPORT Project Background: Fidelity Towers is an experienced tower builder and owner, specializing in carrier grade communications sites since 2002. Our company was contracted in December of 2011 to develop new communications structures along Hwy 72 for use by AT&T Mobility's cellular network. Fidelity Towers has a long term land lease with Miramonte Colorado for the required leased space & easements at the proposed "Coal Creek & Camp Eden" site. Description of Current Land Use: The current use of the 748 acre parent parcel is undeveloped forest land under a conservation easement with a few vacation homes that the owners occasionally occupy. A smaller 2 acre tract has been leased by Miramonte to Coal Creek Fire District for their fire station. Land uses to the north and east are predominantly undeveloped forest, while land uses to the west and south are primarily medium sized residential tracts. The closest residential subdivision is approx. 1000 ft. west of the proposed telecomm. facility. Description of Proposed Use: Fidelity Towers is requesting Special Use approval from Boulder County for a Telecommunications Facility in a Forestry Zone as permitted under the Boulder County Land Use Code, Articles 3 and 4. Fidelity is proposing a 35 ft. by 40 ft. fenced compound that will contain a 75 ft. tall cellular monopine and a 12' wide by 28' long radio equipment shelter. The purpose of this facility is to improve AT&T cellular network coverage & reliability along Hwy 72 between Jefferson County and Gilpin County. Utilities required by the communications site are single phase AC power and underground telephone/fiber optic connection. The facility is unmanned, uses no water, and produces no waste. Access to the site will be via a new 12' gravel access driveway connecting the communications facility to the existing graveled parking area / heliport at the Fire Station. Impacts of Proposed Use: Traffic / County Roads The proposed unmanned, cellular communications facility will have no impact on the traffic or roads in this part of Boulder County. Traffic to the proposed facility is negligible and averages 9 to 12 visits per year by a radio technician. Access to the site will be via the existing Fire Station driveway and parking lot onto new 60 ft. long by 12 ft. wide gravel driveway.

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Surface / Ground Water Resources The facility is designed to be self contained within a minimal footprint (0.11 acre) on a permeable, graveled pad housing the monopine & shelter The facility will create no significant changes in drainage or erosion. No water is used by the facility and no sewage is produced. Community Facilities, Services, & Capital Improvement Programs The proposed cellular site places no burden on any governmental, quasi-governmental, or community facilities or services. Single phase, household electrical power and telephone interconnect are the only utilities required for the facility. Fire protection access at this site could not be better. Public Safety Today's cellular communications sites are outfitted with the latest "enhanced 911" radio communication equipment which has significantly improved public safety and access to emergency services. Over 50% of 911 calls last year were placed on cellular phones - 396,000 wireless 911 calls / 278 per minute. In sparsely populated parts of the County, the need for basic cellular coverage is even more critical, as there are often no other communication options. The Coal Creek Canyon corridor has many dangers, so precious minutes of emergency response time can make a life saving difference. Wildlife & Cultural Resources Fidelity Towers hired Terracon, a respected environmental consulting firm, to complete a comprehensive NEPA environmental analysis and consultation on this project. This includes design review of the project and consultation with US Fish & Wildlife, Colorado State Historic Pres. Office, FEMA, US Army Corp of Engineers, and Tribal authorities to insure no endangered species, cultural resources, or wetlands are adversely impacted by the facility. Terracon's NEPA findings of "No Adverse Impacts" is attached to this application. Visual Impacts A) Minimize the number of sites - This Coal Creek & Camp Eden site is one of several being developed as part of an expansion of AT&T coverage along the entire Hwy 72 corridor. When completed next year - sites in Jefferson, Boulder, and Gilpin County will be linked with the existing AT&T network to create seamless wireless voice & data connections where no service is currently provided by any carrier. Only one site along this corridor is required within Boulder County to accomplish this goal.

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3D View - West from Proposed Coal Creek & Camp Eden site

3D View - East from Proposed Coal Creek & Camp Eden site

B) Maximize Existing Sites - AT&T recently upgraded radio equipment on its Thorodin Mt. cell site to provide additional UMTS data capabilities and maximize its effectiveness. This high elev. site, combined with the new lower sites proposed along Hwy 72, provide a massive upgrade to current wireless services, and a major capital investment by AT&T in these communities.

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3D View - South to Thorodin Mt. existing AT&T site

C) Minimize Structure Height - The height of the proposed 75' structure is being minimized by placement of the site in an area with superior line-of-sight views of Hwy 72 while also keeping the structure off of any prominent ridgelines where it would be noticeable from a distance. As shown in the attached radio-frequency propagation maps (a predicative tool engineering tool) there is a significant reduction in signal quality and coverage using antenna heights below 66 ft. In order to install a crown of branches above the antennas, a 75 ft. tall monopine (total height) is required to accommodate a 66 ft. AT&T antenna centerline height. D) Use well placed, appropriate stealth designs - Due to the twisting hilly terrain along this section of Hwy 72, the proposed site is not visible until you are right on top of it, travelling from either direction along Hwy 72. The site location is also well buffered from any residences (over 700 ft.) and setback over 100 ft. from the road. The monopine design will employ a high density branch structure to blend with the existing mature pine trees surrounding it. All antennas will be painted and sleeved in pine needle socks (see attached Photo-simulations). The proposed AT&T equipment shelter is a dark brown sandstone, pebble aggregate exterior finish and the facility will be enclosed in a solid TREX plank fence.

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Monopine with shelter

Health, Safety & Welfare of Boulder County inhabitants AT&T and Fidelity Towers are committed to the safe construction and operation of our facilities. We maintain strict compliance with FAA and FCC regulations governing the safe operation of our sites, including those regulating radio frequency emissions. The social, economic and safety benefits of this infrastructure are unrivaled considering their small footprint and brief construction cycle (typically 3-4 weeks). The facility produces no odors, waste, or other pollutants. The only structure within audible range of the noise produced by the shelter air-conditioning units, or back-up generator, is the Fire Station. Use of Land The parent parcel is a 748 acre tract of scenic mountain forest land protected by a conservation easement with Colorado Open Lands. The 2 acre carve-out area from this conservation easement houses the Coal Creek Fire Station and heliport. We are proposing to develop approx. 3% of the existing 2 acre lease lot. This project would not represent an intensive use of the land.

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Boulder Co. Comprehensive Plan Compliance: Community Facilities Goals E.5 - "Adequate facilities and services which provide diverse educational, cultural, and social opportunities should be encouraged." E.6 - "Adequate facilities and services to assure the health, safety and welfare of all citizens should be promoted." State-of -the-Art wireless technology provides access for thousands of citizens to educational, cultural and social opportunities in Boulder Co. each day. The expansion of this access to more rural parts of the County should be encouraged through privately funded infrastructure projects such as this one. Transportation Goals G.3 - "Provide for transportation system development and operations that result in safe and secure travel by all modes and that enable prompt effective emergency response." G.4 - "Support a Healthy & Sustainable Economy. Develop a transportation system that supports a robust economy and increases resiliency to economic fluctuations." TR6.04 "Promote the safety of transportation system users... Coordinate with local fire districts, emergency responders, and other agencies to implement appropriate transportation public safety measures. Expanding mobile 911 access supports law enforcement & first responders, as well as the people who need to contact them. There are a variety of situations where cellular technology (thru Amber alerts, reverse 911 calls / texts, or just basic voice service) saves lives every day. Encouraging improved cellular coverage is one of the most important things that the County can do to protect citizen's lives at zero cost to its taxpayers. Telecommunications Goals TE 1.01 Compatibility with surrounding land uses and safety from hazards. TE 1.02 Consideration of alternative sites and designs that may be more acceptable TE 1.03 Accommodate facilities to serve governments, businesses & citizens while minimizing negative impacts TE 1.04 Accommodate current and new telecomm. technologies TE 1.05 Avoid significant aesthetic & environmental adverse impacts TE 1.06 Encourage consolidation of multiple facilities onto common towers TE 1.07 Locate adjacent to, on or into buildings or other structures when feasible TE 1.08 Minimize the number of sites required and any adverse impact 7

TE 1.01 Surrounding land uses: Surrounding land uses in the area around the proposed site are primarily forest preservation due to the large nature of the parent parcel and its conservation easement. Rural residential development exists further to the west (over 1000 ft.) and south (0.35 mi.). These uses are compatible with the proposed telecomm. facility, as the residential lots are well distanced and buffered from the proposed site. TE 1.02 Alternative sites / designs considered for this project: Other locations within the Fire Station Lot- the original monopine location proposed by the applicant at the 2 acre Fire Station lot was located 73 ft. closer to Hwy 72. After feedback from Boulder County and consultation with AT&T's RF engineers, it was determined that the site could be moved further away from the Hwy 72 scenic corridor without significant radiofrequency signal degradation. The applicant revised its survey and drawings to reflect this new location which provides more than 100 ft. of existing tree buffer between the revised monopine location and Hwy 72. Due to rock formations and clearances required from the heliport, this location is as far from the Hwy as possible. The remainder of the 748 acre Miramonte parcel is under a conservation easement which precludes our commercial use. Lower structure heights at proposed site - as depicted in the attached RF Coverage Analysis provided by AT&T, antenna heights below the proposed 66 ft. show a significant reduction in signal quality & coverage. Other properties considered Treber/Powell Property - located directly south of the Fire Station lot on private property across Hwy 72. This location would place the monopine on a more prominent ridgeline, while providing inferior RF coverage of Hwy 72. Roat Property - located approx. 0.2 mi. west of the proposed Fire Station site on the north side of Hwy 72 on private property. This location placed the monopine in very close proximity to the Wondervu Park subdivision and homes along Jennie Lane. This alternative site was eliminated from consideration due to it being too close to the new AT&T site located at 182 Eagles Nest Lane in Gilpin County (1.1 miles west).

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TE 1.03 / 1.04 Accommodating gov't users, businesses, citizens and new technologies: Fidelity's towers are designed for multiple users and technologies and can accommodate 2 to 4 broadband wireless carriers, plus government agency radio equipment, without retrofit. The proposed Camp Eden site will have spare capacity for expansion beyond the needs of AT&T to accommodate future users. TE 1.06 Encourage consolidation onto common towers: As a private tower owner, Fidelity is keenly focused on co-locating multiple carriers onto its sites. We have lease agreements with all of the major wireless carriers, as well as smaller regional companies. We make space available on our towers to all interested users at competitive rates, and pride ourselves on making co-locations as streamlined as possible. TE 1.07 Locate on buildings or other structures when feasible: There are no structures along this section of Hwy 72 that are tall enough to accommodate AT&T's proposed antenna height of 66 ft.. The existing Fire Station building has a pitched roof and lightweight tower extension holding Fire District antennas; incapable of holding the structural loads imposed by AT&T's antenna array through a roof attachment.

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TE 1.05 / 1.08 Minimizing the number of sites and their aesthetic and environmental impacts: The location and design of the proposed Camp Eden site minimizes the number of sites required in Boulder Co. to cover Hwy 72 down to one. Its monopine design, combined with a buffer of existing mature pines, minimizes the aesthetic impact of the facility. A NEPA analysis of this project and consultation with multiple state and federal agencies has concluded that no adverse environmental impacts would be created by the proposed Telecomm. facility. Adjacent Property Owners: See attached list of properties & landowners adjacent to the 748 acre parent parcel owned by Miramonte Colorado. Summary: The availability of fast, dependable wireless communications is vital to support the economic, social, and safety needs of today's communities. This proposed cellular facility is critical to providing wide area mobile communications in an un-served part of Boulder County. The impacts of the proposed infrastructure are minimal, and far outweighed by the benefits to the thousands of citizens who will depend on this site each day. The proposed Telecomm. facility meets the applicable elements of the Comprehensive Plan and serves to further several of the County's stated goals. The applicant is minimizing the visual impact of the facility through stealth design and a well buffered site location. No adverse impacts are foreseen and the application meets the criteria for a Special Use as described in the Land Use Code.

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COU5182 – Coal Creek and Camp Eden COLORADO Coverage Analysis

Aug, 2014

COU5182 – Coal Creek and Camp Eden- Coverage Analysis COU5182 – 66ft

Signal Strength Legend Quality Indoor Signal Quality In-Vehicle Signal Quality Outdoor Signal * Note: Designs may not be final and coverage is based on predictive models (not actual)

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AT&T Proprietary (Restricted)

Only for use by authorized individuals or any above-designated team(s) within the AT&T companies and not for general distribution

COU5182 – Coal Creek and Camp Eden- Coverage Analysis COU5182 – 56ft

Critical Loss of Coverage Signal Strength Legend Quality Indoor Signal Quality In-Vehicle Signal Quality Outdoor Signal * Note: Designs may not be final and coverage is based on predictive models (not actual)

Page 3

AT&T Proprietary (Restricted)

Only for use by authorized individuals or any above-designated team(s) within the AT&T companies and not for general distribution

COU5182 – Coal Creek and Camp Eden- Coverage Analysis COU5182 – 46ft

Critical Loss of Coverage Signal Strength Legend Quality Indoor Signal Quality In-Vehicle Signal Quality Outdoor Signal * Note: Designs may not be final and coverage is based on predictive models (not actual)

Page 4

AT&T Proprietary (Restricted)

Only for use by authorized individuals or any above-designated team(s) within the AT&T companies and not for general distribution

COU5182 – Coal Creek and Camp Eden- Coverage Analysis COU5182 – 36ft

Critical Loss of Coverage Signal Strength Legend Quality Indoor Signal Quality In-Vehicle Signal Quality Outdoor Signal * Note: Designs may not be final and coverage is based on predictive models (not actual)

Page 5

AT&T Proprietary (Restricted)

Only for use by authorized individuals or any above-designated team(s) within the AT&T companies and not for general distribution

COU5182 – Coal Creek and Camp Eden- Coverage Analysis COU5182 – Comparison between 66ft to 56ft

Outdoor Comparison Legend Both > Outdoor Coverage 66ft Rad Center 56ft rad Center * Note: Designs may not be final and coverage is based on predictive models (not actual)

Page 6

AT&T Proprietary (Restricted)

Only for use by authorized individuals or any above-designated team(s) within the AT&T companies and not for general distribution

COU5182 – Coal Creek and Camp Eden- Coverage Analysis COU5182 – Comparison between 66ft to 46ft

Outdoor Comparison Legend Both > Outdoor Coverage 66ft Rad Center 46ft rad Center * Note: Designs may not be final and coverage is based on predictive models (not actual)

Page 7

AT&T Proprietary (Restricted)

Only for use by authorized individuals or any above-designated team(s) within the AT&T companies and not for general distribution

COU5182 – Coal Creek and Camp Eden- Coverage Analysis COU5182 – Comparison between 66ft to 36ft

Outdoor Comparison Legend Both > Outdoor Coverage 66ft Rad Center 36ft rad Center * Note: Designs may not be final and coverage is based on predictive models (not actual)

Page 8

AT&T Proprietary (Restricted)

Only for use by authorized individuals or any above-designated team(s) within the AT&T companies and not for general distribution

PARENT PARCEL DESCRIPTION

AS-BUILT EXHIBIT

TITLE COMMITMENT/REPORT

PORTION OF NE 1/4 S.31, T 1 S, R 71 W OF THE 6TH P.M. BOULDER COUNTY, COLORADO

VICINITY MAP NOT TO SCALE

GENERAL NOTES

PARENT PARCEL DETAIL NOT TO SCALE

LEASE AREA DETAIL SCALE: 1" = 10'

PROPOSED LEASE AREA

70' 340'

PROPOSED UTILITY ROUTE

27' PROPOSED ACCESS ROUTE

94'

SURVEYOR'S STATEMENT

DAVID EVANS & ASSOCIATES, INC.

AS-BUILT EXHIBIT SITE NO: CO-8013 SITE NAME: COAL CREEK & CAMP EDEN 32895 HIGHWAY NO. 72 BOULDER COUNTY, COLORADO

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