Loading...
HomeMy WebLinkAboutPACKET Town Board 2021-03-23The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, March 23, 2021 7:00 p.m. Board Room – 170 MacGregor Avenue Estes Park, CO 80517 The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Public Input: 1.By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, March 23, 2021. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. 2.By Telephone Message: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday, March 23, 2021. All calls will be transcribed and provided to the Board for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be available for assistance from 6:30-6:50 p.m. by calling 970-577-4777. Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. CALL-IN (TELEPHONE OPTION): Dial public participation phone number, 877-853-5257 (toll-free) Enter the Meeting ID: 982 1690 2040 followed by the pound sign (#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to 7:00 p.m., if possible. You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Request to Speak: For public comment, the Mayor will ask attendees to indicate if they would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. Once you are announced by phone: •State your name and address for the record. •DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. Prepared 03-12-2021 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https://zoom.us/j/98216902040 – Zoom Webinar ID: 982-1690-2040. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting at 7:00 p.m. Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board. •You will experience a short delay prior to re-connecting with the ability to speak. •State your name and address for the record. In order to participate, you must: •Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience. •Join the Zoom Webinar. o The link can be found above. •Click “Participate Virtually in the Regular Town Board Meeting of the Board of Trustees”. •DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, March 22, 2021 by 8:00 a.m. to the Town Clerk’s office at townclerk@estes.org. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimony Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by completing the Public Comment form at https://dms.estes.org/forms/TownBoardPublicComment. Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, March 22, 2021. All comments received will be provided to the Board and included in the final packet material. Oral Testimony To ensure your ability to provide comments during the meeting, you must register by emailing townclerk@estes.org or calling (970) 577-4777 by Monday, March 22, 2021 at 5:00 p.m. During the meeting, any individual who did not register to speak on a quasi-judicial item may join public participation by following either the Call-In or Online option previously mentioned. Individuals who do not register prior to the meeting risk being unable to testify due to administrative/technical difficulty during the meeting. Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00 a.m. Monday, March 22, 2021 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material can be accessed through the following link: Town Board Packet or under the Town Board section at www.estes.org/boardsandmeetings or you may request a paper packet by emailing townclerk@estes.org or calling (970) 577-4777. Page 2 AGENDA BOARD OF TRUSTEES – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, March 23, 2021 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION - 100TH ANNIVERSARY OF THE ESTES PARK TRAIL GAZETTE. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills (Click on link to view). 2.Town Board Minutes dated March 9, 2021 and Special Town Board Minutes dated March 15, 2021. 3.Estes Park Planning Commission Minutes and Estes Park Planning Commission Study Session Minutes dated February 16, 2021 (acknowledgment only). 4.Community and Family Advisory Board Minutes dated February 4, 2021 (acknowledgment only). 5.Appointment of Janene Centurione to the Estes Park Planning Commission to complete the term of Steve Murphree expiring March 31, 2022. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 2.ACTION ITEMS: A. RESOLUTION 17-21 SPECIAL REVIEW, “STEALTH WIRELESS COMMUNICATION FACILITY,” 1575 S. SAINT VRAIN AVENUE, VERIZON WIRELESS, APPLICANT, POWDER RIVER DEVELOPMENT SERVICES, LLC, APPLICANT’S REPRESENTATIVE, MOUNTAIN VIEW BIBLE FELLOWSHIP, PROPERTY OWNER. Planner Woeber. S1 special review for monopine wireless communication facility, continued from February 23, 2021 Town Board hearing. ACTION ITEMS: 1.ORDINANCE 04-21 AMENDING TITLE 10 OF THE ESTES PARK MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC. Manager Solesbee. Establishes procedures to immobilize and/or impound vehicles violating parking regulations. Clarifies criteria for free parking for persons with disabilities, disabled veterans, and motorcycles. ADJOURN. Prepared 03-12-2021 *Revised Page 3 Page 4 Town of Estes Park, Larimer County, Colorado, March 9, 2021 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in said Town of Estes Park on the 9th day of March, 2021. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Scott Webermeier Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Webermeier/Martchink) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Planning Commissioner Comstock requested the Town Board hold a joint meeting with the Estes Park Planning Commission to discuss alignment as the Town prepares for the development of the new Comprehensive Plan. TRUSTEE COMMENTS. Trustee Bangs commented the Estes Park Restorative Justice has been developing a Memorandum of Understanding between the Town and the Library. The Transportation Advisory Board determined priorities for 2021 and continues to focus on multi-modal transportation planning which aligns with the Town Board’s strategic plan. Trustee Younglund stated the Community and Family Advisory Board received a presentation from Christy Crosser/Grant Specialist related to the funding for the Safer Routes to School program. The Police Auxiliary are working on a video to assist its members in becoming familiar with the staffing in the Police Department. Trustee Webermeier informed the Board the Visit Estes Park Board (Local Marketing District) would interview CEO candidates. Mayor Koenig stated Platte River Power Authority elected officers with Mayor Wade Troxell to continue to serve as Chair until the April election. Mayor Pro Tem Martchink confirmed his interest in meeting with the Estes Park Planning Commission as requested by Planning Commissioner Comstock. Trustee MacAlpine stated she was impressed with the professionalism of the Town’s fifth grade class and the quality of their questions directed at astronaut Shannon Walker during their visit with the International Space Station. She further stated appreciation to the local hand radio club for their assistance. Trustee Cenac confirmed the CEO candidate interviews would be held March 17, 2021. DRAFTPage 5 Board of Trustees – March 9, 2021 – Page 2 TOWN ADMINISTRATOR REPORT. Town Administrator Machalek presented his policy governance report for policies 3.0, 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10, and 3.11. He reported full compliance with the exception of 3.4.1 Expend more funds than are available. The Medical Insurance Fund experienced significant claims during the last few months of the year that were not projected with the final budget amendments for 2020. The budget could not be amended after the end of the year; therefore, more funds were expended than budgeted. The Town’s Medical Insurance fund contained the necessary funds to cover the costs. The Town maintains a fund balance of unexpended premiums collected through the partially self-insured model that absorbs costs from high claim years to address this very situation. Staff anticipates budgeting excess expenditures in future years to address the issue moving forward. He requested the scheduling of the Vacation Home regulations from the Development Code to the Municipal Code and address enforcement issues at the study session on April 28,, 2021. Broader policy changes would not be coming forward with these changes. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated February 23, 2021 and Town Board Study Session Minutes dated February 23, 2021. 3.Board of Adjustment Minutes dated October 6, 2020 (acknowledgment only). 4.Parks Advisory Board Minutes dated January 21, 2021 (acknowledgement only). 5.Transportation Advisory Board minutes dated January 20, 2021 (acknowledgement only). 6. Resolution 21-21 Setting Public Hearing date of April 13, 2021, for a New Fermented Malt Beverage Off-Premise Liquor License filed by Mini Mart Inc. dba Loaf N' Jug, 561 Big Thompson Avenue, Estes Park, CO 80517. 7.Revised Policy 305 Benefits. 8. Resolution 22-21 Approving a Memorandum of Understanding and Amendment 1 with the Northern Colorado Water Conservancy District, City and County of Broomfield, Cities of Boulder, Fort Collins, Greeley, Longmont and Loveland for Water Quality Monitoring of Compounds of Emerging Concern in Northern Colorado, for an amount not to exceed $3,000.00, Budgeted. 9.Acceptance of Town Administrator Policy Governance Monitoring Report. 10. Local Marketing District Board Appointment of Suzanne Blackhurst to complete the term of Tonya Humiston expiring December 31, 2022. It was moved and seconded (Cenac/Younglund) to approve the Consent Agenda, and it passed unanimously. 2.PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.CONSENT ITEMS: A.RESOLUTION 17-21 APPROVING A SPECIAL REVIEW, “STEALTH WIRELESS COMMUNICATION FACILITY,” 1575 S. SAINT VRAIN AVENUE, VERIZON WIRELESS, APPLICANT, POWDER RIVER DEVELOPMENT SERVICES, LLC, APPLICANT’S REPRESENTATIVE, MOUNTAIN VIEW BIBLE FELLOWSHIP, PROPERTY OWNER. Staff requested the item be continued to the March 23, 2021 Town Board meeting. It was moved and seconded (Webermeier/Cenac) to approve the continuation to the March 23, 2021 meeting, and it passed unanimously.DRAFTPage 6 Board of Trustees – March 9, 2021 – Page 3 3.ACTION ITEMS: 1.RESOLUTION 23-21 ESTABLISHING BYLAWS FOR THE COMPREHENSIVE PLAN ADVISORY COMMITTEE. Director Hunt reviewed the proposed bylaws for the newly formed Comprehensive Plan Advisory Committee to identify meeting schedule, membership, quorum, etc. The committee was proposed to consist of eleven (11) voting members and an indefinite number of non-voting stakeholders appointed by the Town Board. The membership would be a diverse and widely inclusive group of stakeholders, including members of the Estes Park Planning Commission and residents of the Estes Valley Planning Area. Member terms would be for the life of the committee and end with the adoption of the new comprehensive plan. Board discussion was heard and summarized: requested the advertisement for the committee be in both English and Spanish; questioned if eleven (11) members would be sufficient to ensure the committee contains representation from each of the areas identified by staff; discussion of a membership of up to fifteen (15) members be considered; non-voting members could provide further diversity and bring additional viewpoints to the process; and questioned if a scoring matrix could be used to identify the applicant’s inclusion in the categories outlined in the bylaws. After further discussion, it was moved and seconded (Martchink/Webermeier) to approve Resolution 23-21, and it passed unanimously. 2.INTERVIEW COMMITTEE FOR THE COMPREHENSIVE PLAN ADVISORY COMMITTEE. It was moved and seconded (Cenac/Younglund) to appointment Mayor Koenig and Trustee MacAlpine to the Comprehensive Plan Advisory Committee (CompPac) interview panel, and it passed unanimously. 3.RESOLUTION 24-21 DECLARING THE TOWN’S INTENT TO ACQUIRE AND/OR SECURE CERTAIN REAL PROPERTY FOR IMPROVEMENTS TO THE TOWN’S WATER SYSTEM AND AUTHORIZING NEGOTIATIONS, PURCHASE, QUIET TITLE, AND THE EXERCISE OF THE TOWN’S POWERS OF EMINENT DOMAIN IN CONNECTION THEREWITH. Utilities Coordinator Rusch stated the proposed resolution would allow the Town to provide reliable water service at a reasonable cost to approximately 135 homes previously served by the bankrupt Prospect Mountain Water Company by reconstructing the water system to current Town and Fire District standards, including construction of a new storage tank and service road. Attorney White provided background on the Prospect Mountain Water Company, a private water company serving Koral Heights, Venner Ranch Estates, and Little Prospect Acres. By the mid-2000s, the infrastructure of the company required significant capital improvements and failed to form a local improvement district capable of raising the funds for capital improvements. The Town began providing potable water to the area in 2012 after the Bureau of Reclamation terminated the company’s raw water tap agreement. The company filed chapter 7 bankruptcy. The Town has worked with the bankruptcy trustee to secure the ownership of the company under the Voluntary Water System Transfer Agreement to move forward with the reconstruction on the system utilizing USDA awarded funding of $6.5 million grant and a $4.5 million loan. In order to move forward with bidding the project, the USDA requires the Town have all 68 easements secured. Three remaining easements are needed for the construction and access of the new water storage tank, and negotiations with the property owners, including the Estes Valley Land Trust, over the past year have not been successful. Further the USDA funding requires the project to be completed within five (5) years of award, September 2023. Staff reviewed three alternative locations, all requiring condemnation of conservation easements, for the siting of the water tank and found the preferred location meets the minimum elevation required to produce 20 psi under fire flow conditions while minimizing the cost of construction of the project to the homeowners.DRAFTPage 7 Board of Trustees – March 9, 2021 – Page 4 Jeffrey Boring/Estes Valley Land Trust Director read a prepared letter stating the Land Trust objects to the condemnation of the conservation easement due to the violation of perpetual nature of the easement to provide public conservation values of open space and wildlife habitat. Board questions and comments were heard and summarized: the addition of water and fire hydrant service in the area would aid in additional development and reduced insurance costs for the current residents; questioned the number of additional homes that could be built in the area; the three additional easements would be secured through condemnation with the approval of the resolution; and questioned how often the tank would be visited once constructed. Staff stated they intend to work further with the individual property owners and only use condemnation if necessary, with the Board’s approval of the resolution. The tank would be visited by staff approximately six (6) times a year to address routine maintenance. After further discussion, it was moved and seconded (Webermeier/Martchink) to approve Resolution 24-21, and it passed unanimously. 4.RESOLUTION 25-21 APPROVING AN AMENDMENT TO THE MEMORANDUM OF AGREEMENT AND A FOURTH MODIFICATION TO THE REIMBURSABLE AGREEMENT WITH CENTRAL FEDERAL LANDS HIGHWAY DIVISION OF THE FEDERAL HIGHWAY ADMINISTRATION, THE NATIONAL PARK SERVICE, AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PROJECT FUNDING OF THE DOWNTOWN ESTES LOOP. Director Muhonen reviewed the proposed resolution to amend the existing Memorandum of Agreement (MOA) and the Reimbursable Agreement (RA) with Central Federal Lands Highway Division for the design and construction of the Downtown Estes Loop. In early 2020, the Town requested revisions to the MOA and RA to clarify refinements to the project scope, costs, schedule, funding responsibility, and the insertion of a clause for the purposes of the Taxpayer’s Bill of Rights (TABOR) which was not included in the original agreements. The proposed resolution would address these issues. The termination of the contract by the Town could only be accomplished with an irrevocable pledge of existing funds by the Town, prior to undertaking the financial obligations associated with early termination, as constitutionally required. The amendments do not increase the Town’s financial contribution to the project. It was moved and seconded (Younglund/Martchink) to approve Resolution 25-21, and it passed unanimously. 4.REPORTS AND DISCUSSION ITEMS: 1.CURRENT STATE OF CHILDCARE IN THE ESTES VALLEY. Assistant Town Administrator Damweber stated the Town Board requested an update on the current state of childcare in the valley. The original consultant on the 2017 report acknowledged the cost, time, and uncertainty due to COVID in preparing an update, therefore, the Community and Family Advisory Board (CFAB) completed an update report on the needs and gaps within the community. Chair Laurie Dale Marshall, John Bryant, and Christy DeLorme provided a review of the updated report which was completed to aligned with the original needs assessment. The CFAB identified several successes since the initial report, including the development by the Town of grant funding and guidelines for distributing the funds to assist with childcare in the valley; proactive steps to increase the number of quality in-home providers and retain exiting providers; and collaborative networking for education and outreach related to the benefits of early childcare, education, and the economic impacts. The Town awarded $5,000 to Mountaintop Preschool to assist infrastructure improvements needed to increase preschool spots by 20; ten (10) 12-24 month old children and ten (10) spots for two (2) to three (3) year old children. The increase provided the first center-based care for infants and increased the under two (2) from six (6) to 16. EVICS has developed a cohort group to support individuals interested in beginning a new childcare business or becoming licensed. Town staff continues to participate in regional partnership meetings, and supported the establishment of the Estes ValleyDRAFT Page 8 Board of Trustees – March 9, 2021 – Page 5 Childcare Collaborative to support increased communication. This group has since been folded into the CFAB. The Early Childhood Council of Larimer County and United Way of Larimer County have begun an effort to develop a Larimer County Early Childhood Funding Initiative Committee. The report established enrollment in the school district down 3% for the year, with kindergarten enrollment down significantly and impacted by the COVID-19 pandemic. The Town has seen a decline in birth rate in Estes Park over the last three years. A review of current offerings including both in-home care to center based care. The United Way of Larimer County has committed to providing after school care for the next three years. Discussion was heard on the need for additional infant care in the valley, including those 6 weeks to 12 months because of the stringent licensing requirements and how to determine the need for additional care in the valley. Whereupon Mayor Koenig adjourned the meeting at 9:57 p.m. Wendy Koenig, Mayor Jackie Williamson, Town Clerk DRAFTPage 9 Town of Estes Park, Larimer County, Colorado March 15, 2021 Minutes of a Joint meeting of the ESTES PARK TOWN BOARD, LARIMER COUNTY COMMISSION, AND VISIT ESTES PARK (VEP) BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall and Virtually in said Town of Estes Park on the 15th day of March 2021. Town Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Younglund and Webermeier County Commission: Chair Kefalas, Commissioners Shadduck-McNally and Stephens Visit Estes Park Board: Chairperson Gibson and Vice Chairperson Jurgens Also Attending: Town Administrator Machalek, County Manager Hoffmann, County Assistant Manager Volker and VEP Interim CEO Huebner and Deputy Town Clerk Beers Absent:None. Introductions were conducted for both elected bodies, the Visit Estes Park (VEP) Board and staff. Interim CEO Huebner reviewed a presentation outlining an overview of VEP operations. Highlights included: The formation of VEP and lodging tax funding, how VEP funding supports the tourism industry in the valley, VEP marketing strategies and programs including Athlete in Residence and Estes Park in your backyard Campout and an overview of VEP’s Official Visitor Guide. Comments were heard from the Town Board, County Commissioners and VEP, and have been summarized: a request was made for an update on filling the vacant CEO position; direction was requested regarding the method and content for updates to the elected bodies, and the importance of regular reporting to the elected bodies. The Boards requested Town Administrator Machalek and County Manager Hoffmann provide options for holding quarterly meetings with VEP’s Board, alternating quarters between the Town Board and County Commissioners. There being no further business, Mayor Koenig adjourned the meeting at 4:07 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk DRAFTPage 10 Town of Estes Park, Larimer County, Colorado, February 16, 2021 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 16 day of February 2021. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson. Attending: Chair Comstock, Vice Chair Heiser, Commissioner Elkins, Commissioner Hanson, Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Planning Technician Charlie Rugaber, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Commissioner Elkins left the meeting at 2:06 p.m. Chair Comstock called the meeting to order at 1:30 p.m. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT. None CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 4-0. CODE AMENDMENT: Wireless Telecom Facilities This item was continued from the January 19, 2021 meeting Senior Planner Woeber requested that this Code Amendment be withdrawn without prejudice. There are two different use categories for cell towers: Micro-cell and Towers. The majority of requirements in the Estes Park Development Code refer to the Larimer County Land Use Codes. Those Codes went through a complete rewrite a few years ago so the EPDC no longer matches. A special counsel has written a new chapter on Wireless Facilities for the Town of Estes Park, which will make its way to the Planning Commission in the near future. (April or May) Page 11 It was moved and seconded (Heiser/Elkins) to Withdraw Without Prejudice this Code Amendment to a date uncertain. The motion passed 4-0. OTHER: •Director Hunt discussed Downtown Building Height and reasons for postponing the Code Amendment's advancement for the time being. There have been several public comments received, all of which have been against the proposed Amendment. Also affecting the decision are impacts of the Loop project, floodplain issues and downtown parking. He asked for the Commission's input. Commissioner responses: (summarized) Commissioner Elkins: we need to take this on, and it needs to be addressed sooner rather than later. Vice-Chair Heiser: there will be no engagement if it is not actively being pursued. Preference is to continue working on it and advancing the needs of the community. Where does the Town Board stand on this? Data collection is always changing. Does not see the benefit in postponement and wants to see it move forward. Chair Comstock: it is on the Planning Commission to address the Downtown Plan/building height. Will the new Comp Plan lift the recommendations from the existing Downtown Plan? Not opposed to getting more information if it helps make a better decision. Doesn't want this to drag out. Commissioner Hanson: more discussion and information is needed. No reason to take it off the table. In favor of getting critical data if that is missing. Would like a parcel by parcel high-definition map showing exactly what properties would be included. Is topographic customization possible? Heiser suggested that an overlay of the Downtown zoning district with a topographical map would give a good idea of height difference, specifically the difference between the residential and commercial zones. Hunt noted that for a 48-foot height proposal, a Special Review with criteria for design characteristics would be needed. Trustee MacAlpine noted that the Town Board has not had any discussion on this. It was decided to keep this on the agenda as a discussion item, with code language available to review in March. Page 12 •Attorney Kramer clarified that if three or more Planning Commission members were appointed to a group, a quorum would not pose a problem. •The Town Board will be interviewing a Planning Commission applicant in March There being no further business, Chair Comstock adjourned the meeting at 2:30 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary Page 13 Town of Estes Park, Larimer County, Colorado February 16, 2021 Minutes of a Study Session meeting of the PLANNING COMMISSION of Estes Park, Larimer County, Colorado. Meeting held virtually on Google Meet. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson Attending: Comstock, Heiser, Hanson Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Trustee Barbara MacAlpine, Planning Technician Charlie Rugaber, Recording Secretary Karin Swanlund Absent: Commissioner Elkins Chair Comstock called the meeting to order at 11:00 a.m. This study session was held virtually via ZOOM and was streamed and recorded on the Town of Estes Park YouTube channel. Comstock explained that the purpose of this Study Session was to cover the processes and procedures for the new Comprehensive Plan. Director Hunt began the conversation by stating that the next step in the process is appointing a selection committee to pick the consultant. There was an informational meeting for consulting firms on February 11, and over 20 firms were in attendance. The proposals are due at 2:00 p.m. on February 25. From February 26 to March 11, the applications will be reviewed by the selection committee. The interviews will be recorded (but not live-streamed) and available to view after they have all been completed. This retains the transparency of the process. If any of the Planning Commission members want to see the candidate's proposal, there is time between March 11 and April 12. The Town Board will vote on the proposal at their April 13 meeting. Sample Comp Plans from four communities will be posted on the website for review (www.estes.org/comprehensiveplan). The advisory committee will focus on the policy direction and has a life span that will last through the entire rewrite process. Hunt stressed that Comp Plans should not rely only on the opinions and views of residents but include visitors and other stakeholder groups. Vice-Chair Heiser preferred that the Planning Commission have a stronger voice in the advisory committee over the selection committee. Highlights of the RFP •Will set the stage for Corridor plans, which will be one of the steps after the comp plan so that each corridor can have its own plan. •NOT looking for Neighborhood Plans •Analyzing build-out data and infrastructure needs •Bang the Table, a public engagement consultant, has been retained as the on-line public engagement platform facilitator ($11,000 for the first year) •Refine Community Vision: ideas refined into goals, objectives and implementation strategy:Page 14 Planning Commission Study Session January 19, 2021 –Page 2 things that need to be called out in the Development Code •Code rewrite will be the first step after the Comp Plan and be very extensive. Code rewrite 16- 18 months after Comp Plan completion (Fall of 2024) •Background Infrastructure research (i.e., water system) •Analytical, informational graphics (not just text) •Summary of the plan on a poster •Climate Change •Wildfires, Flooding and other natural hazards •Additional Zoning district (open space?) •Larimer County involvement, along with input from Boulder County, National Park Service and US Forest Service •Larimer County will be part of the selection committee and will work with the consulting firm to adopt a parallel plan •Thorough list of stakeholders, affirmative outreach •Proposed completion date of December 31, 2022 •Budget of $164,000 (65% of the $300,000 total minus the Bang the Table budget) Comments on what role the Planning Commission should have in the process: •PC heavily involved in the whole process •How many members of the PC? •Eleven members seem big. 7-9 is a better working number •Representation from the entire Estes Valley •Not too heavy on town-government, need outside involvement •Clarification on how the quorum rule will work Vice-Chair Heiser adjourned the study session at 1:03 p.m. Karin Swanlund, Recording Secretary _____________________________________ Matt Comstock, Chair Page 15 Page 16 Town of Estes Park, Larimer County, Colorado, February 4, 2021 Minutes of a regular meeting of the Community and Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually on Zoom, on the 4th day of February 4, 2021. Present: Laurie Dale Marshall Jodi Roman Nancy Almond Sue Strom John Bryant Christy DeLorme Rachel Balduzzi Absent: Michael Moon Chris Douglas Also Present: Cindy Younglund, Town Board Liaison Jason Damweber, Assistant Town Administrator Suzanna Simpson, Executive Assistant Guests: Claire Bouchard, United Way of Larimer County Chair Dale Marshall called the meeting to order at 3:35 p.m. PUBLIC COMMENT: None TRUSTEE LIAISON UPDATE: None APPROVAL OF JANUARY MEETING MINUTES: It was moved and seconded (Roman/Almond) to approve the January meeting minutes and the motion passed unanimously. PRESENTATION AND DISCUSSION: GUEST QUINN BRETT: Guest Quinn Brett’s discussion centered on her perspective as a person with a mobility disability living in Estes Park. Some challenges mentioned were parking lots, as many are privately owned and the pavement is only painted without placing signs, adding to visibility concerns when it snows and paint is covered. Another concern mentioned was ensuring that snow is cleared from all crosswalks and sidewalks. She expressed Page 17 Community and Family Advisory Board – February 4, 2021 – Page 2 appreciation for the thoughtfulness given to connecting trails around town and encourages the continuation of connecting trails. It was recommended to share some of these concerns with the Transportation Advisory Board. Board members asked Quinn about specific challenges with buildings and other facilities around town, as well as recommendations for improving accessibility overall. She encouraged anyone with a website to look out for pages or forms that time out after a few seconds or minutes, and to ensure that emergency warnings are duplicated so that they are conducted using both sound and visual methods. REPORT ON TOWN BOARD PRESENTATION OF FOCUS AREAS: Chair Dale Marshall thanked Vice Chair Balduzzi for assisting with the presentation to the Town Board. Both focus areas for 2021 were unanimously accepted by trustees. Chair Dale Marshall thanked Trustee Younglund for her help and support. SUB COMMITTEE REPORT ON CURRENT CHILDCARE NEEDS & GAPS Member Almond provided an update on the data gathered so far. She has used the Childcare Needs Assessment from 2017 to guide the work. She provided an update on some of the current areas of interest, including the lack of data on children in the community under age 5, low Kindergarten enrollment, which is a statewide trend likely due to COVID-19, and the need for the birth count from the hospital. The board further discussed some changes from the time of the Needs Assessment in 2017, including a reduction in licensed home providers (2 closed), which reduces capacity from 104 to 92, leaving just 4 licensed home care providers, Mountaintop has taken the YMCA Bennett Preschool, increasing capacity and for the first time having center-based care for children under 2.5 years old. Member Bryant shared that the Boys & Girls Club is offering after school care for students at the elementary school and they are doing a spring break program. Chair Dale Marshall asked how the board could align with this assessment and determine recommendations for the Town Board as to how the Town can contribute to the effort, based on the current state versus the state of the original assessment in 2017. Member DeLorme requested to review the recommendations that the Workforce Housing and Childcare Task Force presented. Executive Assistant Simpson will send that information to the board. The board will discuss the findings of the task force assessment at the March meeting and make recommendations at the March Study Session. Page 18 Community and Family Advisory Board – February 4, 2021 – Page 3 TOWN’S COMMUNITY RESOURCES WEBPAGE UPDATE: Executive Assistant Simpson provided an update on revisions that will be made to the Town’s Community Resources webpage – www.estes.org/communityresources. Member Roman asked about translation features on the website. Executive Assistant Simpson will confirm the changes that were made when the website was updated in early 2020. Chair Dale Marshall announced that the Estes Park Nonprofit Resource Center will take over updating the Family Advisory Board Community Resource Guide. They currently manage a similar list and this will help with consistency. OTHER BUSINESS Member Almond announced on behalf of Claire Bouchard that United Way has committed to supporting the Boys & Girls Club at $75k per year for 3 years (year-round). Chair Dale Marshall met Julian with the school district who is managing the Immigrant Family Program. She will share his information with the board. Seeing no further business, the meeting was adjourned at 5 p.m. NEXT MEETING The next regular meeting of the Family Advisory Board will take place Thursday, March 4, 2021. The format will be virtual through the Town’s Zoom account. Suzanna Simpson, Recording Secretary Page 19 Page 20 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 23, 2021 RE: Appointment of Janene Centurione to the Estes Park Planning Commission to complete a term expiring March, 31 2022. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the appointment recommended by the interview committee for the Estes Park Planning Commission. Present Situation: The Town Clerk’s Office advertised for a position on the Commission to complete the term of Steve Murphree expiring March 31, 2022. One application was received and the interview committee consisting of Trustees MacAlpine and Webermeier conducted an interview on March 15, 2021. Proposal: The interview committee recommends the appointment of Janene Centurion to complete the term vacated by Steve Murphree expiring March 31, 2022. Janene has lived in Estes Park for four years and currently works as an independent consultant with academic institutions, non-profits, and small business to create and execute strategic plans for new programs and initiatives. Additionally, Janene has become active in the community creating connections through the Estes Park Economic Development Corp and Estes Park Newcomers Advantages: Filling the position would complete the five-member Commission. Disadvantages: If the appointment is not made, the position would remain vacant until the position could be re-advertised and interviews conducted. Page 21 Action Recommended: Appoint Janene Centurione to the Estes Park Planning Commission to complete a term expiring March 31, 2022. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Janene Centurione to the Estes Park Planning Commission to complete a term expiring March 31, 2022. Attachments: None. Page 22 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.A, RESOLUTION 17-21 SPECIAL REVIEW, “STEALTH WIRELESS COMMUNICATION FACILITY,” 1575 S. SAINT VRAIN AVENUE, VERIZON WIRELESS, APPLICANT, POWDER RIVER DEVELOPMENT SERVICES, LLC, APPLICANT’S REPRESENTATIVE, MOUNTAIN VIEW BIBLE FELLOWSHIP, PROPERTY OWNER.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report.  Review any conditions for approval not in the staff report. 3.APPLICANT.  The applicant makes their presentation. 4.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL. Page 23  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. 6.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 24 To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: March 23, 2021 RE: Resolution 17-21 Special Review, Stealth Wireless Communication Facility, 1575 S. Saint Vrain Avenue, Verizon Wireless, Applicant, Powder River Development Services, LLC, Applicant’s Representative, Mountain View Bible Fellowship, Property Owner. (Continued from February 23, 2021 Town Board Hearing) (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Applicant requests approval of an S1 Special Review to allow a “Wireless Telecommunication Facility,” “Concealed (Stealth) Antenna,” in an A (Accommodations) Zoning District. Applicant’s letter of request and application submittal materials are attached as Attachment 3 - 9. The entire submittal is also available for review online as pdf documents, through the following link: www.estes.org/currentapplications Present Situation: CONTINUANCE This Special Review application was heard by the Town Board at their hearing on February 23, 2021. After a staff presentation, a presentation by the applicant, public comment, and discussion, a motion was made to approve the application by approval of Resolution No.17-21. That motion to approve failed, by a vote of 4 – 2. Upon further consideration and discussion with the Town Attorney, the Town Board determined that further action would be needed to finalize and close the hearing. The Town Board then continued the hearing on the application, and directed staff to publish notice and notify adjacent property owners. In order to meet the minimum 15-day notice requirements in the EPDC, the hearing was continued to March 23, 2021. Please note: Staff recommends the Town Board reopen the public hearing for this application on March 23. Memo COMMUNITY DEVELOPMENT Page 25 The staff report and recommendation below is largely the same as what was presented to the Town Board in their February 23, 2021 Memo. Staff has added some detail to the discussion of the EPDC’s requirement for compliance with the Larimer County Code’s Wireless Communications Facilities (WCF) chapter. Staff has also expanded the Sample Motions. DISCUSSION Cell phone coverage in mountain areas, including the Estes Valley, has greatly improved over the last several years. However, there are areas where service is weak or nonexistent, including areas generally in the southern part of Estes Park. The service provider/applicant, Verizon Wireless, has determined that a new cell tower/antenna is necessary to improve service in this area. Materials submitted by the applicant, attached, include an Engineering Necessity Case which details the deficiencies in coverage and the basis for needing a new WCF at the proposed location. Health, safety and welfare factors into cell coverage, with many people now relying solely on cell phones. Cellphones are also utilized by various emergency service agencies. Proposal: The site is located at 1575 South Saint Vrain Avenue (State Highway 7), located at the northwest corner of the intersection of South Saint Vrain Avenue and Peak View Drive. See vicinity maps on page 1 of the applicant’s plan set (Attachment 5). The applicant has made arrangements to lease a 576 square foot area within a 4.32± acre parcel. This parcel is the location of the Mountain View Bible Fellowship church. Larimer County Assessor’s records show the church was established at this location in 1982. The 18 x 32 foot WCF area would be fenced, and contain equipment cabinets and the tower, which will be disguised as a pine tree (“Monopine”), 75 feet in height. The applicant has included an access easement for the WCF site in the lease agreement. Access would be via the existing church access and parking lot. The application submittal materials, attached, provide extensive, detailed descriptions of the WCF, along with a photo simulation of the Monopine. REVIEW PROCESS An S1 use requires “Board Action,” (Town Board) per Section 3.2 of the Estes Park Development Code (EPDC). The “Wireless Telecommunication Facility” is identified as a use allowed in the A (Accommodations) Zoning, subject to the Additional Regulations in Section 5.1.T. of the EPDC. Section 5.1.T., under the EPDC’s Chapter 5 Use Regulations, contains Specific Use Standards for “Wireless Telecommunications Facilities.” A Code interpretation was made previously by staff and legal counsel, in a meeting held in December 2018. At that time, it was determined that the appropriate review and approval process for this concealed antenna is an S1 Special Review, per the EPDC Section 5.1.T. For consistency, staff is following precedent for the application review process established with that previous WCF/monopine Special Review. The previous application was processed in Page 26 early 2019, for a monopine WCF at the YMCA of the Rockies. Both that WCF proposal, and the current Verizon application applied the “order of preference” that are defined in the Larimer County Code, Section 16 “Commercial Mobile Radio Service (CMRS) Facilities.” This is per the EPDC, Subsection 5.1.T.3. This “order of preference” is as follows: 16.1.2. - Where allowed. A.Zoning. CMRS facilities are allowed as a principal or underlying use on a property as follows: B.Preferred CMRS facilities. The order of preference for new permanent CMRS facilities is (from most-preferred to least-preferred and based on technical feasibility): 1. Co-location on existing CMRS or broadcast antenna towers. 2. Attached antennas. 3. Concealed antennas. 4. Microcell antenna towers. 5. Antenna towers. New CMRS facilities must use the most preferred facility type where technically feasible. A lesser preferred facility type is allowed only if the applicant presents substantial evidence to show it will have a lesser visual impact than the use of more preferred facilities and that the applicant's desired geographic area cannot be served by using more preferred facilities. It has been determined that Nos. 1 and 2 above, co-location, or an attached antenna, are not adequate or technically feasible to provide coverage in this area, and No. 3, a concealed antenna is needed (see Engineering Necessity Case in Attachment 8.) Staff notes this application is being reviewed, per EPDC requirements, for compliance with the Larimer County Code Section 16 that was in place with adoption of the EPDC in 2000. Larimer County has since rewritten their WCF regulations, with new regulations approved and adopted by the County in October 2019. Estes Park Planning staff are currently processing a code amendment, to replace the existing WCF regulations in the EPDC with entirely new regulations. Staff anticipates bringing this code amendment to the Planning Commission and Town Board in the next few months. SPECIAL REVIEW CRITERIA The following is from the EPDC, Chapter 3 Review Procedures and Standards, Section 3.5 Special Review Uses: A.Procedures for Approval of Special Review Uses. Applications for approval of a special review use shall follow the standard development approval process set forth in §3.2 of this Chapter. Uses that require a Special Review and are subject to the regulations of this section are stated in Table 4-1: Permitted Uses: Residential Zoning Districts and Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Special Review Uses shall be reviewed through an S1 or S2 procedure. Those uses that have a wider public interest or impact shall be reviewed through the S2 procedure. Both review procedures provide an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measure to address Page 27 identified concerns, or to deny the use if findings establish that concerns cannot be resolved. Approval of a Special Review Use shall not constitute a change in the base zoning district and shall be granted only for the specific use approved at the specific site. Approval is subject to such modifications, conditions, and restrictions as may be deemed appropriate by the Decision Making Body. B.Standards for Review. All applications for a special review use shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 5, "Use Regulations," of this Code. Applications for S1 or S2 Special Review shall provide a narrative that describes how the proposed use fulfills the applicable requirements and standards for the use. In order to minimize adverse impacts of the proposed use, an approval of Special Review Use may be conditioned based upon information provided in the narrative and staff findings. For purposes of the Special Review, the narrative shall describe the following, as applicable: 1. The proposed use and its operations; 2. Traffic generation including a Traffic Impact Study if determined necessary by the Decision Making Body; 3. Existing zoning compatibility; 4. Location of parking and loading, including size, location, screening, drainage, landscaping, and surfacing; 5. Effect on off-site parking; 6. Street access points, including size, number, location and/or design; 7. Hours of operation, including when certain activities are proposed to occur; 8. Exterior lighting; 9. Effects on air and water quality; 10. Environmental effects which may disturb neighboring property owners such as; a. Glare. This may be described in terms of location, design, intensity and shielding; b. Noise; and c. Dust; 11. Height, size, setback, and location of buildings and activities; 12. Any diking, berms, screening or landscaping, and standards for their installation and maintenance; and 13. Other resources. This description shall include information on protection and preservation of existing trees, vegetation, water resources, habitat areas, drainage areas, historic resources, cultural resources, or other significant natural resources. Page 28 The applicant’s submittal includes a narrative describing and addressing Nos. 1 – 13 (Attachment 6). COMPLIANCE WITH LARIMER COUNTY CODE As mentioned, the EPDC Section 5.1.T., requires “Compliance with Larimer County Wireless Facilities Siting Regulations,” which has been addressed in the applicant’s submittal. Staff has reviewed the application and the applicant’s comments regarding compliance with these Larimer County Siting Regulations. Staff notes these are County regulations that were in effect upon adoption of the EVDC (now EPDC). This is Larimer County Code Section 16.0 Commercial Mobile Radio Service (CMRS) Facilities, specifically Section 16.1.3. Requirements and Performance Standards and Section 16.1.4. Application. At the February 23, 2021 Town Board presentation, staff discussed Sections 16.1.3. and 16.1.4. in detail, and emphasized the analysis and explanation that the applicant provided in their application. This presentation provided a solid overview of the WCF’s compatibility and overall impact. The applicant’s comments addressing Section 16.1.3 and 16.1.4. are attached, as Attachment 7. Staff finds the WCF application meets the Requirements and Performance Standards and Application Requirements. REVIEWING AGENCY COMMENTS This application has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff. Staff notes no water or wastewater service is needed for this proposed use, and there is existing access to the WCF site. The Town of Estes Park Public Works Department emailed comments for the project, including requirements for stormwater and erosion control management. Public Works finds the existing church infrastructure to be acceptable for construction and operation of the WCF. The Estes Valley Fire District has reviewed the proposed antenna and facility, and provided comments to the applicant regarding posting emergency contact information at the site, and requiring a permit for construction activities involving “hot work” such as welding or blasting. The Town of Estes Park Utilities has “no objections” to this project. Applicant understands and is aware of agency requirements. Staff will monitor and ensure compliance when permitting and construction are underway. NEIGHBORHOOD AND COMMUNITY MEETING In accordance with the requirements in Section 3.2 of the EPDC, the applicant held a Neighborhood and Community Meeting on December 15, 2020. Several people attended the online meeting, where the applicant presented the project and answered general questions. Page 29 Advantage: •Provides for more efficient and effective wireless/cell coverage in the Town of Estes Park and the Estes Valley. Disadvantages: •Although concealed as an evergreen tree, it is not evident that the WCF’s height is truly a “stealth” facility, compared to the topography and surrounding topography and natural features. •It is not clear how the visual impact of the WCF is altered by the new multifamily development adjacent to the proposed location. Action Recommended: Staff recommends approval of the Special Review application, with the following finding: 1.Staff finds that the proposed Wireless Communication Facility use would meet all applicable and procedures, standards, and criteria as required within the Estes Park Development Code. Finance/Resource Impact: None. Level of Public Interest: High. Two adjacent property owners spoke at the February 23, 2021 Town Board hearing. Both were opposed to the proposed WCF. There have been comments submitted via email available at the following link: www.estes.org/currentapplications Sample Motions: I move that the Town Board approve Resolution 17-21. I move that the Town Board of Trustees approve Resolution 17-21A. I move to continue the application to the next regularly scheduled meeting. (State reasons for continuance.) Attachments: 1.Resolution 17-21 a.Resolution 17-21A 2.Application 3.Statement of Intent 4.Verizon WCF Plan Set 5.Special Review Narrative 6.Larimer County Code Performance Standards Narrative 7.Engineering Necessity for WCF 8.Photo Simulation Page 30 RESOLUTION 17-21 APPROVING AN S1 SPECIAL REVIEW FOR A STEALTH WIRELESS COMMUNICATION FACILITY AT 1575 S. SAINT VRAIN AVENUE WHEREAS, an application for an S1 Special Review for a “Wireless Telecommunication Facility,” “Concealed (Stealth) Antenna” was filed by Verizon Wireless (applicant); and WHEREAS, the subject property is a 576 square foot leased area on a property located at 1575 South Saint Vrain Avenue (State Highway 7), located at the northwest corner of the intersection of South Saint Vrain Avenue and Peak View Drive; and WHEREAS, the subject property is located within an A (Accommodations) Zoning District; and WHEREAS, the wireless communication facility (WCF) involves a leased area, 18 x 32 feet in size which will be fenced, and contain equipment cabinets and the tower, which will be disguised as a pine tree (“Monopine”), 75 feet in height; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on February 23, 2021 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the Wireless Communication Facility use would meet all applicable and procedures, standards, and criteria as required within the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The S1 Special Review for a “Wireless Telecommunication Facility,” “Concealed (Stealth) Antenna,” is hereby approved. Attachment 1 Page 31 DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 32 RESOLUTION 17-21A DENYING AN APPLICATION ON S1 SPECIAL REVIEW FOR A STEALTH WIRELESS COMMUNICATION FACILITY AT 1575 S. SAINT VRAIN AVENUE WHEREAS, an application for an S1 Special Review for a “Wireless Telecommunication Facility,” “Concealed (Stealth) Antenna” was filed by Verizon Wireless (applicant); and WHEREAS, the subject property is a 576 square foot leased area on a property located at 1575 South Saint Vrain Avenue (State Highway 7), located at the northwest corner of the intersection of South Saint Vrain Avenue and Peak View Drive; and WHEREAS, the subject property is located within an A (Accommodations) Zoning District; and WHEREAS, The wireless communication facility (WCF) involves a leased area, 18 x 32 feet in size which will be fenced, and contain equipment cabinets and the tower, which will be disguised as a pine tree (“Monopine”), 75 feet in height; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on February 23, 2021 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the Wireless Communication Facility use would not meet all applicable and procedures, standards, and criteria as required within the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board adopts the attached Findings of Fact and Conclusions of Law concerning a stealth wireless communication facility at 1575 S. Saint Vrain Avenue. The application on S1 Special Review for a “Wireless Telecommunication Facility,” “Concealed (Stealth) Antenna,” is hereby denied. Attachment 1a Page 33 DATED this day of , 2021. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 34 FINDINGS OF FACT AND CONCLUSIONS OF LAW CONCERNING AN APPLICATION FOR A STEALTH WIRELESS COMMUNICATION FACILITY AT 1575 SOUTH SAINT VRAIN AVENUE WHEREAS, the Board of Trustees of the Town of Estes Park received an application at its meeting of February 23, 2021 for a stealth wireless communication facility at 1575 S. St. Vrain Avenue; and WHEREAS, the applicants submitting the application were Verizon Wireless and Powder River Development Services, LLC; and WHEREAS, the Board thereupon conducted a public hearing; and WHEREAS, the Board has considered all competent evidence presented and incorporated into the public record. NOW, THEREFORE, the Board of Trustees makes the following findings of fact and conclusions of law: 1.The application proposes a 75-foot tower for the purposes of facilitating cellphone communications at 1575 S. St. Vrain Avenue. The tower was proposed to be disguised as a pine tree, and ancillary facilities would include equipment cabinets and fencing. 2.No concerns regarding the adequacy of public notice regarding the application have been raised, and the application process has complied with all notification requirements. 3.The applicant had the opportunity to present evidence in support of its application, orally and in writing. The applicant had the opportunity to rebut all evidence presented in opposition to the application. 4.Mr. Anthony Goddard testified in opposition to the application. He stated that he resides at 1062 Tranquil Lane. He explained that his residence neighbors the proposed tower, and the tower would impact the amenity and property value of his residence. He refuted the applicant’s photographic simulations of the tower as failing to represent the current situation, as more development has occurred in the viewshed and the simulations do not illustrate the view from the adjacent property, which would be the most significantly impacted. He noted that the tower would be completely surrounded by residents in close proximity. 5.Mr. Joe Croteau testified in opposition to the application. He stated that he resides at 1070 Tranquil Lane. He testified that the tower would harm property values, and would scare people away from purchasing neighboring property. He explained that Page 35 at least six or seven homes were located within 1000 feet of the proposed tower location, and that this was too close. He noted that a 26-unit apartment complex was being developed immediately adjacent to the proposed site. 6.The applicant responded that it was common to have such towers so close to residences, and that residents appreciate the improvement in cellphone service from such adjacent towers. The applicant claimed that the new adjacent development would assist in shielding the tower from view. 7.The Board finds the testimony of Messrs. Goddard and Croteau to be credible and compelling. The tower will loom over the view of a number of residences in the immediate vicinity, creating significant aesthetic concerns that will impair the use and enjoyment of the residences. These aesthetic concerns are likely to impair the property values of these residences, thereby reduce investment in the neighborhood, and detrimentally impact the flourishing of the neighborhood as a whole. Messrs. Goddard and Croteau, as residents of the neighborhood, are best situated to understand these concerns and impacts. 8.The applicant did not effectively rebut these concerns. The applicant provided no evidence other than vague assertion that towers immediately adjacent to residences actually enhance the quality of life of the residents, and Messrs. Goddard and Croteau, as residents of the neighborhood, effectively established the opposite to be the case. Furthermore, any shielding of the view of the tower from certain vantages would come at the expense of the views from the new development immediately adjacent to the proposed tower, and would still be insufficient to preserve the benefits of views from other nearby residences. 9.The Board interprets the Town’s development code to require the denial of a use by special review where certain concerns cannot be resolved. § 3.5(A), E.P.D.C. The set of concerns which must be resolved is set forth in the code, and includes “[h]eight, size, setback, and location of buildings and activities.” § 3.5(B)(11), E.P.D.C. 10.The Board finds that the tower is too high, too large, and too close to neighboring residences to be compatible with those residences and the neighborhood as a whole. Accordingly, the application fails to meet the criterion for approval set forth in section 3.5(B)(11) of the development code, and must be denied. 11.The Board interprets the Town’s development code, section 5.1(T)(3), to require this application to comply with section 16.1.3(C)(1) of the Larimer County Land Use Code, in effect at the time of adoption of section 5.1(T), requiring “screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment.” The applicant acknowledges this requirement in its narrative document, “Compliance with Larimer County Performance Standards,” in the record before the Board. As explained by Messrs. Goddard and Croteau, the screening and landscaping mitigation provided are far insufficient to protect the surrounding residences from significant viewshed impacts. The disguise of the tower as a tree is Page 36 insufficient to prevent these impacts. The camouflage is not consistent with other existing natural or manmade features in or near the location where the tower would be located. The camouflage would not hide the facility, as asserted by the applicant, because at 75 feet in height, it far exceeds the height and character of surrounding features. The tower also far exceeds the height of the fencing, which would not shield it. While other trees are situated nearby, the tower would not match the surrounding foliage, as shown in the applicant’s own photo simulation. The tower would not be architecturally compatible with the surrounding areas, and would not be sensitive to the residential character of the surrounding properties. For these reasons, the tower would therefore be out of harmony with the character of the surrounding environment. Accordingly, under the applicable Larimer County Performance Standards which have been adopted by the Town, the application must be denied.1 12.The Board heard concerns regarding the effects of radio frequency emissions. However, the Board was advised that federal law prohibits it from taking such concerns into consideration. The Board does not base any of its findings or conclusions on any alleged effects of radio frequency emissions. 13.Accordingly, the Town Board denies this application, as required under the Estes Park Development Code. 1 Larimer County has since amended its standards under Title 16 of the County’s Land Use Code, and these amended standards have not yet been adopted by the Town. For the reasons set forth above, the application would fail these amended standards as well. Page 37 Revised 20 Condominium Map Preliminary Map Final Map Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Project Description Lot Size Area of Disturbance in Acres Proposed Land Use Town Well None Town Well None Existing Sanitary Sewer Service EPSD UTSD Septic None Proposed Sanitary Sewer Service EPSD UTSD Septic Is a sewer lift station required?Yes No Existing Gas Service Other None Existing Zoning Proposed Zoning Are there wetlands on the site?Yes No Site staking must be completed at the time application is submitted. Complete?Yes No Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Existing Land Use Existing Water Service Attachments Proposed Water Service Site Access (if not on public street) Please review the Estes Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Project Address Parcel ID # Legal Description General Information Boundary Line Adjustment ROW or Easement Vacation Street Name Change Time Other: Please specify Project Name Supplemental Map ESTES APPLICATION Type of Application Submittal Date: Site Information Application fee Statement of intent copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan Xcel Primary Contact Information Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517 Other (specify) Other (specify) Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org A (no change) COM AT CTR 1/4 COR OF SEC 35-5-72; ALSO BEG AT CTR 1/4 COR OF 31-5-72 September 15, 2020 FTC Pinewood Jen Daniels .01329 ACRES Church with Telecom Tower 188,179 1575 S. Saint Vrain Ave Verizon Wireless 75' Monopine Telecommunications Tower PO Box 1006 Crested Butte CO 81224 Church 2531305931 A n/a Peak View Dr Attachment 2 Page 38 Revised 20 Consultant/Engineer PLEASE PRINT: PLEASE PRINT: Date DateApplicant Record Owner Applicant Fax Names: Email Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. Phone Cell Phone Mailing Address Applicant Fax Phone Email Contact Information Phone Cell Phone Cell Phone Mailing Address Mailing Address Record Owner(s) Email Signatures: Fax I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. MINERAL RIGHT CERTIFICATION APPLICATION FEES For development within the Estes Town limits See the fee schedule included in your application packet or view the fee schedule online at: www.estes.org/ComDev/Schedules&Fees/PlanningApplicationFeeSchedule.pdf All requests for refunds must be made in writing.All fees are due at the time of submittal. Record Owner rcandpc@lpbroadband.net Mountain View Bible Fellowship , Archie Taylor VP (970) 214-0913 Verizon Wireless Mountain View Bible Fellowship Archie R.Taylor Verizon Wireless, Debbie Essert, Senior Real Estate Manager - Network 303-550-4820 9/14/2020 (970) 586-3395 (Main) PO Box 1006 Crested Butte CO 81224 9/15/2020 1575 S Saint Vrain Ave, Estes Park CO 80517 Jen Daniels 9656 South Prosperity Road, West Jordan, Utah 84088 jen.daniels@powderriverdev.com brandon.kiser3@verizonwireless.com Page 39 Revised 20 PLEASE PRINT: PLEASE PRINT: Date Date APPLICANT CERTIFICATION I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the E DC. http://www.estes.org/ComDev/DevCode Record Owner Applicant Signatures: I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. Record Owner Applicant I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. Names: In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Development Code (E DC). I acknowledge that I have obtained or have access to the E DC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Development Code is available online at: Mountain View Bible Fellowship , Archie Taylor VP Verizon Wireless, Debbie Essert, Senior Real Estate Manager - Network 9/14/2020Archie R. Taylor Page 40 Oct 18th 2020 Town of Estes Park Department of Community Development Attn: Mr. Jeff Woeber, Senior Planner 170 MacGregor Ave Estes Park, CO 80517 Re: Special Review Application- Proposed Wireless Communication Facility Dear Mr. Woeber, I am providing this letter to request the special review approval of proposed wireless communication facility located on property owned by the Mountain View Bible Fellowship at 1575 S Saint Vrain Ave. Verizon Wireless proposes to construct a 75' stealth wireless communication facility off of S St Vrain Ave. This facility will allow the expansion of Verizon wireless’ coverage in the area and improve service for the community. Enclosed you will find the following: 1)Completed original copy of the Town of Estes Park Development application 2)Check in the amount of $4520 for the application deposit, sign cost and application fee 3)2 sets of zoning drawings including site plan and survey, 1 11”x17” reduced copy, 1 electronic copy 4)Narrative addressing compliance with the Town's special review requirements 5)Narrative addressing compliance with Larimer County's wireless communication facility requirements 6)Exhibits a. Maintenance Agreement (Exhibit A) b. FAA Determination (Exhibit B) c. Colocation Statement (Exhibit C) d. Photo simulations (Exhibit D) e. RF propagation maps and letter of explanation (Exhibit E) f. Abandonment Statement (Exhibit F) 7)Copy of Community Meeting Attendance List and Discussion Points (will be emailed after meeting on Oct 22nd) 8)Memory Stick containing electronic copies of application materials Construction drawings and Tower design will be provided after zoning has been approved before seeking building permits. Should you have any questions, please feel free to reach me on my cell at (303)550-4820. I look forward to working with you on this application. Respectfully, Jen Daniels Site Acquisition Project Manager Powder River Development Services, LLC (303)550-4820 Cell jen.daniels@powderriverdev.com Powder River Development Services, LLC 408 S Eagle Road, Suite 200 Eagle, ID 83616 (208) 938-8844 office (208) 938-8855 fax www.powderriverdev.com Attachment 3 Page 41 FTC PINEWOOD 1575 S SAINT VRAIN AVE.ESTES PARK, CO 80517 ALTURA LAND CONSULTING6551 S. REVERE PKWY., SUITE 165ENGLEWOOD, CO 90111CONTACT: JESSE LUGOOFFICE: (720)-888-1303EMAIL: jesse@alturaland.comVERIZON3131 SOUTH VAUGHN WAYAURORA, CO 80014CENTERLINE SOLUTIONS16360 TABLE MOUNTAIN PARKWAYGOLDEN, CO 80403CONTACT: JEN DANIELSOFFICE: (303) 993-3239 X1216EMAIL: jdaniels@centerlinesolutions.comSHEET TITLESHEET NUMBERUNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,UNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.TO ALTER THIS DOCUMENT.UTAH MARKET OFFICE7896 SOUTH HIGHLAND DRIVESUITE 200COTTONWOOD HEIGHTS, UT 84121REVDESCRIPTIONDATEBYREVDESCRIPTIONDATEBY3131 SOUTH VAUGHN WAYAURORA, CO 80014PRELIMINARYNOT FORCONSTRUCTIONAISSUED FOR ZD REVIEW05/14/2018RKSBISSUED FOR ZD REVIEW09/07/2018RKSCISSUED FOR ZD REVIEW09/27/2018RKSDISSUED FOR ZD REVIEW10/18/2018RKSEISSUED FOR ZD REVIEW01/07/2020CMBFISSUED FOR ZD REVIEW02/21/2020CMBGISSUED FOR ZD REVIEW04/14/2020RKSHISSUED FOR ZD REVIEW12/21/2020RGTITLE SHEETPROJECT DESCRIPTION:APPLICANT:PROPERTY CONTACT:NAME: FRED HESSPHONE: (970) 672-7399LEGAL DESCRIPTIONSEE SURVEYSITE ADDRESS:SITE PARCEL NUMBER:2531305931JURISDICTION:TOWN OF ESTES PARKLATITUDE AND LONGITUDE:PROPERTY OWNER:ZONING:A - ACCOMODATIONSƒ1:MOUNTAIN VIEW BIBLE FELLOWSHIPPOWER COMPANY:TBDTELEPHONE COMPANY:TBDEXISTING USE:PROPOSED USE:UNMANNED TELECOMMUNICATIONS FACILITYSTARTING FROM 3131 SOUTH VAUGHN WAY,AURORA, CO 80014:1. HEAD WEST ON S VAUGHN WAY2. TURN LEFT TO MERGE ONTO CO-83 N3. MERGE ONTO CO-83 N4. USE THE RIGHT 3 LANES TO TAKE THE INTERSTATE 225 N EXIT5. MERGE ONTO I-225 N6. USE THE LEFT 3 LANES TO TAKE EXIT 12A TO MERGE ONTO I-70 W TOWARD DENVER7. KEEP RIGHT AT THE FORK TO CONTINUE ON I-270 W, FOLLOW SIGNS FOR FORT COLLINS/BOULDER8. CONTINUE ONTO US-36 W9. KEEP LEFT TO STAY ON US-36 W10. USE ANY LANE TO TURN LEFT TO STAY ON US-36 W11. TURN RIGHT ONTO US-36 W/5TH AVE/W MAIN ST12. CONTINUE TO FOLLOW US-36 W13. TURN LEFT ONTO 4TH ST14. TURN LEFT ONTO S ST VRAIN AVE15. DESTINATION WILL BE ON THE RIGHTSITE INFORMATIONCONTACT INFORMATIONDRIVING DIRECTIONSVICINITY MAPSHEETDESCRIPTIONSHEET INDEXCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING LOCATIONS, CONDITIONS ON THE JOB SITE & SHALLIMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THEWORK OR BE RESPONSIBLE FOR SAMENNOT TO SCALEHANDICAP REQUIREMENTS:FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION,HANDICAP ACCESS REQUIREMENT(S) DO NOT APPLYAPPROVALSAPPROVALSIGNATUREDATEVERIZON REPRESENTATIVEVERIZONRF ENGINEERSITE ACQUISITIONVERIZON CONSTRUCTIONMANAGERSITE OWNERLOCAL MAPNNOT TO SCALEKnow what'sbelow.CALLbefore you dig.CALL AT LEAST TWO WORKINGDAYS BEFORE YOU DIGUSANorthDIG ALERTTHE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIREDFOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECTON DRAINAGE; NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NOCOMMERCIAL SIGNAGE IS NEW.GENERAL NOTESDO NOT SCALE DRAWINGSGENERAL PROJECT NOTESCODE COMPLIANCE1. PRIOR TO SUBMITTING A BID, THE CONTRACTOR SHALL FAMILIARIZE HIMSELF/HERSELF WITH THE SCOPE OF WORK AND ALL CONDITIONS AFFECTING THEPROPOSED PROJECT.2. CONTRACTOR SHALL VERIFY ALL FIELD CONDITIONS AND DIMENSIONS OF THEJOB SITE AND CONFIRM THAT WORK AS INDICATED ON THESE CONSTRUCTIONDOCUMENTS CAN BE ACCOMPLISHED AS SHOWN PRIOR TO COMMENCEMENT OFANY WORK.3. ALL FIELD MODIFICATION BEFORE, DURING, OR AFTER CONSTRUCTION SHALL BEAPPROVED IN WRITING BY A VERIZON REPRESENTATIVE.4. INSTALL ALL EQUIPMENT AND MATERIALS PER THE MANUFACTURER'SRECOMMENDATIONS, U.N.O.5. NOTIFY VERIZON, IN WRITING, OF MAJOR DISCREPANCIES REGARDING THECONTRACT DOCUMENTS, EXISTING CONDITIONS, AND DESIGN INTENT. THECONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING CLARIFICATIONS FROM AVERIZON REPRESENTATIVE AND ADJUSTING THE BID ACCORDINGLY.6. CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL CONSTRUCTION MEANS,METHODS, TECHNIQUES, SEQUENCES, AND PROCEDURES OF THE WORK UNDERTHE CONTRACT.7. CONTRACTOR SHALL PROTECT ALL EXISTING IMPROVEMENTS AND FINISHESTHAT ARE TO REMAIN. CONTRACTOR SHALL REPAIR ANY DAMAGE THAT MAYOCCUR DURING THE CONSTRUCTION TO THE SATISFACTION OF A VERIZONREPRESENTATIVE.8. THE CONTRACTOR IS RESPONSIBLE FOR RED-LINING THE CONSTRUCTION PLANSTO ILLUSTRATE THE AS-BUILT CONDITION OF THE SITE. FOLLOWING THE FINALINSPECTION BY VERIZON. THE CONTRACTOR SHALL PROVIDE VERIZON WITH ONECOPY OF ALL THE RED-LINED DRAWINGS.9. VERIFY ALL FINAL EQUIPMENT WITH VERIZON REPRESENTATIVE. ALL EQUIPMENTLAYOUT, SPECS, PERFORMANCE INSTALLATION AND THEIR FINAL LOCATION ARETO BE APPROVED BY VERIZON. THE CONTRACTOR SHALL BE RESPONSIBLE FORCOORDINATING HIS/HER WORK WITH THE WORK AND CLEARANCES REQUIRED BYOTHERS RELATED TO SAID INSTALLATIONS.ENGINEER:SITE ACQUISITION:SURVEYOR:PROJECT MANAGER:TECHNOLOGY ASSOCIATES EC, INC7896 SOUTH HIGHLAND, SUITE 200COTTONWOOD HEIGHTS, UT 84121CONTACT: MIKE STRANDOFFICE: (801) 663-6441EMAIL:michael.strand@taec.netRF ENGINEER:VERIZON3131 SOUTH VAUGHN WAYAURORA, CO 80014CONTACT: RAM NANDIRAJUSITEx(1) PROPOSED MONOPINE (INSTALLED BY POLE MANUFACTURER)x(2) PROPOSED COLLAR MOUNTS (INSTALLED BY POLE MANUFACTURER)x(3) PROPOSED ANTENNA SECTOR MOUNTS (INSTALLED BY POLE MANUFACTURER)xINSTALL (1) PROPOSED CONCRETE MAT FOUNDATION FOR MONOPINE PER POLE MANUFACTURERxINSTALL (12) PROPOSED VZ PANEL ANTENNAS (4 PER SECTOR)xINSTALL (12) PROPOSED VZ RRUS (4 PER SECTOR)xINSTALL (3) PROPOSED VZ HYBRID CABLE(S)xINSTALL (2) PROPOSED VZ OVP NEAR ANTENNASxINSTALL (2) PROPOSED VZ CONCRETE EQUIPMENT PADSxINSTALL (2) PROPOSED VZ EQUIPMENT CABINETSxINSTALL (2) PROPOSED VZ RAYCAP IN EQUIPMENT CABINETxINSTALL (1) PROPOSED VZ GENERATORxINSTALL (1) PROPOSED VZ GPS ANTENNAxINSTALL PROPOSED VZ CANOPY OVER EQUIPMENTxINSTALL PROPOSED UTILITY H-FRAMExINSTALL PROPOSED UTILITIES-METER, ILC, SAFETY BOX, AND TELCO BOXxINSTALL PROPOSED CEDAR FENCExINSTALL PROPOSED VZ UTILITY TRENCHING FROM P.O.C. TO EQUIPMENT AREAxINSTALL 6' HIGH CEDAR FENCE WITH (1) DOUBLE SWING GATExINSTALL (1) PROPOSED VZ MICROWAVExINSTALL (2) PROPOSED VZ ODUSTECHNOLOGY ASSOCIATES EC, INC7896 SOUTH HIGHLAND DRIVE, SUITE 200COTTONWOOD HEIGHTS, UT 84121CONTACT: JOEL R. HARTMANOFFICE: (801) 463-1020 X 2107EMAIL:joel.hartman@taec.netT-1TITLE SHEETA-1A-2A-3SITE PLANELEVATIONSA-4ENLARGED SITE PLANEQUIPMENT PLANRF-1 ANTENNA PLANT-1UNMANNED TELECOMMUNICATIONS FACILITYCOLORADO STATE CODE COMPLIANCE:ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCEWITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCALGOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUCTED TOPERMIT WORK NOT CONFORMING TO THESE CODES:- 2015 INTERNATIONAL BUILDING CODE- 2015 INTERNATIONAL EXISTING BUILDING CODE- 2015 INTERNATIONAL TITLE 24- 2015 INTERNATIONAL FIRE CODE- 2015 INTERNATIONAL PLUMBING CODE- 2015 INTERNATIONAL MECHANICAL CODE- 2014 NFPA 70: NATIONAL ELECTRIC CODE- 2012 INTERNATIONAL ENERGY CONSERVATION CODE- ANSI/TIA-222-G OR LATEST EDITION- LOCAL CODES AND AMENDMENTSFCC NOTE:THIS WIRELESS COMMUNICATION FACILITY COMPLIES WITH FEDERAL STANDARDS FORRADIO FREQUENCY IN ACCORDANCE WITH THE TELECOMMUNICATION ACT OF 1996 ANDSUBSEQUENT AMENDMENTS AND ANY OTHER REQUIREMENTS IMPOSED BY STATE ORFEDERAL REGULATORY AGENCIES.1575 S SAINT VRAIN AVE.ESTES PARK, CO 80517COUNTY:LARIMER COUNTYSITELS1 TOPOGRAPHIC SURVEYT-2SPECIFICATION & PHOTO SHEETLS2TOPOGRAPHIC SURVEYLS3 TOPOGRAPHIC SURVEYAttachment 4Page 42 SHEET TITLESHEET NUMBERUNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,UNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.TO ALTER THIS DOCUMENT.UTAH MARKET OFFICE7896 SOUTH HIGHLAND DRIVESUITE 200COTTONWOOD HEIGHTS, UT 84121REVDESCRIPTIONDATEBYREVDESCRIPTIONDATEBY3131 SOUTH VAUGHN WAYAURORA, CO 80014PRELIMINARYNOT FORCONSTRUCTIONAISSUED FOR ZD REVIEW05/14/2018RKSBISSUED FOR ZD REVIEW09/07/2018RKSCISSUED FOR ZD REVIEW09/27/2018RKSDISSUED FOR ZD REVIEW10/18/2018RKSEISSUED FOR ZD REVIEW01/07/2020CMBFISSUED FOR ZD REVIEW02/21/2020CMBGISSUED FOR ZD REVIEW04/14/2020RKSHISSUED FOR ZD REVIEW12/21/2020RGSPECIFICATION& PHOTO SHEETCONTROL OR DATUM POINTTOP OF WALL1639.00SPOT ELEVATIONT.C. 1638.33F.L. 1631.00KEYED NOTEEQUIPMENT ORFIXTURE NUMBERSHEET WHERE DRAWNSECTION LETTERSHEET WHERE TAKENSHEET WHERE TAKENSHEET WHERE DRAWNREFERENCE LETTEROR NUMBERSCALE:SECTION OR DETAILSHEET WHERE DRAWNDETAIL NUMBERSHEET WHERE TAKENCENTERLINECL‘ROUND/DIAMETERࡱࡱࡱࡱࡱࡱࡱࡱࡱࡱࡱAPPROXIMATELYdPENNY16311631NEW CONTOUREXISTING CONTOURPROPERTY LINELEGEND OF SYMBOLS:COAX PORT NOTES:1. REQUIRED ADDITIONAL COAX PORTS TO BE ADDED AS NEED BY CONTRACTOR.2. ANY ADDITIONAL COAX PORTS TO BE INSTALLED BELOW THE EXISTING, WHERE POSSIBLE.3. CONTRACTOR TO INVESTIGATE INTERIOR OF SHLETER/ EQUIPMENT ROOM FOR CLEARESTPENETRATION POINT.4. ADDITIONAL COAX PORTS TO BE INSTALLED PER INDUSTRY STANDARDS.1. CONTRACTOR IS RESPONSIBLE FOR ERECTING TEMPORARY BARRICADES AND/OR FENCING TOPROTECT THE SAFETY OF THE PUBLIC DURING CONSTRUCTION. THE CONTRACTOR SHALLREMOVE ALL TEMPORARY BARRIERS AND REPAIR ALL DAMAGE TO PROPERTY ON THE SITECAUSED BY THIS CONSTRUCTION. THE COST OF REPAIR IS THE CONTRACTOR RESPONSIBILITY.2. ALL WORK SHALL BE IN ACCORDANCE WITH APPLICABLE LOCAL, STATE, AND FEDERALREQUIREMENTS.3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFICATION OF ALL MEASUREMENTS AT THESITE PRIOR TO ORDERING ANY MATERIALS OR CONDUCTING ANY WORK.4. EXCESS SOIL MATERIAL AND DEBRIS CAUSED BY THIS CONSTRUCTION SHALL BE REMOVEDFROM THE SITE AND DISPOSED OF IN A LEGAL MANNER.5. CONTRACTOR SHALL MAKE ADJUSTMENTS TO GRADING ELEVATIONS NECESSARY TO ENSUREA SITE FREE OF DRAINAGE PROBLEMS.6. CONTRACTOR SHALL COORDINATE A CONSTRUCTION LAYDOWN AREA WITH THE PROPERTYOWNER. CONSTRUCTION LAYDOWN AREA SHALL BE FENCED-IN WITH TEMPORARY (45 DAY)CONSTRUCTION FENCE. THE TEMPORARY FENCE SHALL BE CONSTRUCTED OF 6' HIGH CHAINLINK FABRIC AND IS TO BE REMOVED AT THE END OF THE CONSTRUCTION. LAYDOWN AREA ISTO BE RESTORED TO ITS ORIGINAL CONDITION AFTER FENCE REMOVAL.7. SURVEY INFORMATION SHOWN WAS CREATED FROM RECORD INFORMATION AND DOES NOTCONSTITUTE A LEGAL BOUNDARY SURVEY.8. THESE PLANS DO NOT ADDRESS THE SAFETY AND STABILITY OF THE STRUCTURE. DURINGASSEMBLY AND ERECTION, WHICH ARE THE RESPONSIBILITY OF THE ERECTOR. BASED ON THEMEANS AND METHODS CHOSEN BY THE ERECTOR.1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE PROJECT SCOPE OF WORKDEFINE UNDER THE REQUEST FOR PROPOSAL (RFP) FOR THIS PROJECT AND ALL ASSOCIATEATTACHMENTS AND DOCUMENTS PROVIDED.THE RFP AND ALL ASSOCIATED DOCUMENTS SHALL DEFINE THE COMPLETE PROJECT SCOPEOF WORK. CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL DOCUMENTSAND IS SOLELY RESPONSIBLE FOR ALL WORK.ALL DOCUMENTS INCLUDED WITHIN THE PROJECT REQUEST FOR PROPOSAL ARE REQUIREDFOR THE COMPLETE PROJECT SCOPE OF WORK. THE CONTRACTOR SHALL BE RESPONSIBLEFOR ALL WORK (EQUIPMENT, MATERIAL, INSTALLATION, TESTING, ETC.) INDICATED IN ALLDOCUMENTS. THE RFP, VERIZON WIRELESS NETWORK STANDARDS AND PROJECT ADDEMDUMSAND CLARIFICATIONS ARE COMPLEMENTARY TO EACH OTHER. THE FORMAT OF THESPECIFICATIONS AND DRAWING NUMBERING PER DISCIPLINE IS NOT INTENDED TO IMPLYSEGREGATION OF SUB CONTRACTOR WORK. CONTRACTOR SHALL ASSIGN ALL SUBCONTRACTOR WORK AND VERIZON WIRELESS WILL NOT ACCEPT ANY CHANGE ORDERS FORINTERNAL CONTRACTOR WORK ASSIGNMENTS.CONTRACTOR SHALL BE RESPONSIBLE FOR DISTRIBUTING ALL RFP DOCUMENTS TO THEIR SUBCONTRACTORS. ALL RFP DOCUMENTS ARE REQUIRED TO INDICATE THE PROJECT SCOPE OFWORK. PARTIAL SUB CONTRACTOR DOCUMENT PACKAGES ARE HIGHLY DISCOURAGED.IN THE EVENT OF A CONFLICT BETWEEN THE DRAWINGS, SPECIFICATIONS, REFERENCEDSTANDARDS. VERIZON WIRELESS STANDARDS, OR AGREEMENT TERMS AND CONDITIONS THEREQUIREMENTS. THE CONTRACTOR SHALL BE DEEMED TO HAVE PROVIDED THE DETAILED ANDEXTENSIVE INTERPRETATION. ANY WORK INSTALLED IN CONFLICT WITH THE ARCHITECT/ENGINEER INTERPRETATIONS SHALL BE CORRECTED BY THE CONTRACTOR AT NO EXPENSE TOVERIZON WIRELESS.2. ALL ANTENNAS MUST BE PIM TESTED WITH IN 48 HOURS OF THEM BEING RECIVED BY THEINSTALLATION CONTRACTOR. THOSE RESULTS MUST BE SENT BACK TO THE VERIZONWIRELESS CONSTRUCTION ENGINEER AND EQUIPMENT ENGINEER WITHIN THE SAME 48 HOURS.IF YOU MISS THE 48 HR TIMELINE AND THE ANTENNAS DO NOT PASS UPON INSTALLATION,YOUR COMPANY WILL BE CHARGE FOR THE COST OF THE ANTENNAS FOR REPLACEMENT.3. ALL LOADS MUST BE SECURED PROPERLY TO THE VEHICLE OR TRAILER, VERIZON WIRELESSWILL PASS ALONG THE COST OF ANT REPLACEMENTS DUE TO DAMAGE OR LOSS WHETHER IT ISNEW OR USED.1. CONTRACTOR TO INSTALL ANTENNAS, MOUNTS AND TOWER HARDWARE PERMANUFACTURER'S RECOMMENDATIONS (OR AS REQUIRED BY THE OWNER/ PROVIDER).2. ALL BOLTS SHALL BE TIGHTENED PER AISC REQUIREMENTS.3. ANY GALVANIZED SURFACES THAT ARE DAMAGED BY ABRASION, CUTS, DRILLING OR FIELDWELDING DURING SHIPPING OR ERECTION SHALL BE TOUCH-UP WITH TWO COATS OF COLDGALVANIZING COMPOUND MEETING THE REQUIREMENTS OF ASTM A780.4. ANTENNA MOUNTS SHALL NOT BE USED AS A CLIMBING DEVICE. WORKER SHALL ALWAYS TIEOFF TO AN APPROVED CLIMBING POINT.5. SEE ALSO GENERAL ANTENNA NOTES ON SHEET RF1 (IF APPLICABLE).1. CONTRACTOR TO INSTALL MAIN OVP, SECTOR BOXES, REMOTE RADIO HEADS, TOWERMOUNTED AMPLIFIERS, AND/ OR DIPLEXERS PER MANUFACTURER'S RECOMMENDATIONS.2. ALL BOLTS SHALL BE TIGHTENED PER AISC REQUIREMENTS.3. ANY GALVANIZED SURFACES THAT ARE DAMAGED BY ABRASION, CUTS, DRILLING OR FIELDWELDING DURING SHIPPING OR ERECTION SHALL BE TOUCH-UP WITH TWO COATS OF COLDGALVANIZING COMPOUND MEETING THE REQUIREMENTS OF ASTM A780.GENERAL PROJECT NOTES:GENERAL CONTRACTOR NOTES:ANTENNA MOUNTS & HARDWARE INSTALLATION NOTES:MAIN OVP, SECTOR BOX, RRH, TMA, & DIPLEXER INSTALLATION NOTES:VIEW OF PROPOSED SITE(LOOKING NORTH)VZW EXISTING EASEMENTVZW LEASE AREAVZW ACCESS/UTILITY EASEMENTVZW HYBRID CABLES/COAXVZW RRHSVZW DC POWERVZW FIBERVZW ANTENNASVZW PENETRATIONSVZW NEW WORK/UTILITY EASEMENTVZW WALL HATCHVZW EXISTINGVERIZON WIRELESS COLOR CODINGT-2Page 43 Page 44 Page 45 Page 46 EXISTINGBUILDINGEXISTING PAVEDPARKING LOTEXISTING RESIDENCESHEET TITLESHEET NUMBERUNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,UNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.TO ALTER THIS DOCUMENT.UTAH MARKET OFFICE7896 SOUTH HIGHLAND DRIVESUITE 200COTTONWOOD HEIGHTS, UT 84121REVDESCRIPTIONDATEBYREVDESCRIPTIONDATEBY3131 SOUTH VAUGHN WAYAURORA, CO 80014PRELIMINARYNOT FORCONSTRUCTIONAISSUED FOR ZD REVIEW05/14/2018RKSBISSUED FOR ZD REVIEW09/07/2018RKSCISSUED FOR ZD REVIEW09/27/2018RKSDISSUED FOR ZD REVIEW10/18/2018RKSEISSUED FOR ZD REVIEW01/07/2020CMBFISSUED FOR ZD REVIEW02/21/2020CMBGISSUED FOR ZD REVIEW04/14/2020RKSHISSUED FOR ZD REVIEW12/21/2020RGOVERALLSITE PLANOVERALL SITE PLAN1PROPOSED VZ EQUIPMENT& ANTENNA AREA, FORENLARGED SITE PLAN SEE:1A-22A-41A-4NPARCEL BOUNDARY LINEPA R C E L B O U N D A R Y L I N E20'-0"PROPOSED VZACCESS EASEMENTEXISTING PAVED PARKING LOT& PROPOSED VZ 20' WIDEACCESS/UTILITY EASEMENTA-1PEAK VIEW DRS S T V R A I N A V EEXISTING RESIDENCEEXISTING RESIDENCEPARCEL BOUNDARY LINE PARCEL BOUNDARY LINEPA R C E L BO U N D A R Y L I N E PARCEL BOUNDARY LINEEXISTING SITE ACCESS DRIVEWAYEXISTING UTILITY POLEW/ TRANSFORMEREXISTING OVERHEAD LINESEXISTING UTILITY POLEPROPOSED VZ POWER &TELCO DEMARCATION15'-0"SIDESETBACKEXISTING UNDERGROUNDELECTRICAL LINESEXISTING UNDERGROUNDWATER MAIN“     “ 25'-0"FRONTSETBACK1 5 ' - 0 " SI D E S E T B A C K 25'-0" FRONT SETBACK 15'-0"SIDESETBACK15'-0"SIDESETBACKPROPOSED VZ 4" FIBER & 3" POWERCONDUITS IN U/G TRENCH TO BE3/$&('%<9(5,=21 “ PROPOSED VZ 3' WIDE UTILITY EASEMENT3'-0"PROPOSED VZUTILITY EASEMENTEXISTING TREES/SHRUBS/LANDSCAPING (TYP.)3 5 ' - 4 "93'-7"Page 47 EXISTING EDGE OF PAVEMENTSHEET TITLESHEET NUMBERUNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,UNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.TO ALTER THIS DOCUMENT.UTAH MARKET OFFICE7896 SOUTH HIGHLAND DRIVESUITE 200COTTONWOOD HEIGHTS, UT 84121REVDESCRIPTIONDATEBYREVDESCRIPTIONDATEBY3131 SOUTH VAUGHN WAYAURORA, CO 80014PRELIMINARYNOT FORCONSTRUCTIONAISSUED FOR ZD REVIEW05/14/2018RKSBISSUED FOR ZD REVIEW09/07/2018RKSCISSUED FOR ZD REVIEW09/27/2018RKSDISSUED FOR ZD REVIEW10/18/2018RKSEISSUED FOR ZD REVIEW01/07/2020CMBFISSUED FOR ZD REVIEW02/21/2020CMBGISSUED FOR ZD REVIEW04/14/2020RKSHISSUED FOR ZD REVIEW12/21/2020RGENLARGEDSITE PLAN1ENLARGED SITE PLANNA-2NEW VZW ANTENNA AREA,SEE ANTENNA PLAN :1RF-1NEW VZW EQUIPMENT AREA,SEE EQUIPMENT PLAN:1A-3EXISTING PAVEDPARKING LOTEXISTING UNDERGROUNDTELCO LINESEXISTING OVERHEADTRANSMISSION LINESEXISTING DIRT AREAEXISTING PINE TREESPARCEL BOUNDARY LINE1 5 ' - 0 " SI D E S E T B A C K15'-0" SETBACK LINE32'-0"PROPOSED VZ LEASE AREA18'-0"PROPO S E D V Z L E A S E A R E A 20'-0"PROPO S E D V Z A C C E S S E A S E M E N T PROPOSED VZ 4" FIBER & 3" POWERCONDUITS IN U/G TRENCH TO BE3/$&('%<9(5,=21 “ PROPOSED VZ 3' WIDE UTILITY EASEMENT3'-0"PROPOSED VZUTILITY EASEMENTEXISTING EDGE OF PAVEMENTEXISTING PINE TREESEXISTING PINE TREESEXISTING PINE TREEEXISTING PAVEDPARKING LOT“  1'-0" TYP. “     EXISTING EDGE OF PAVEMENT1'-0" TYP .EXISTING UTILITY POLEPROPOSED VZ POWER &TELCO DEMARCATIONEXISTING EDGEOF PAVEMENTEXISTING UNDERGROUNDPOWER & TELCO LINES“    Page 48 PROPOSED VZ 4" FIBER & 3" POWERCONDUITS IN U/G TRENCH TO BE3/$&('%<9(5,=21 “ PROPOSED VZW EQUIPMENTCABINET W/ PLINTH (3 TOTAL)PROPOSED VZW RAYCAP INEQUIPMENT CABINET, 3 TOTAL)PROPOSED VZWSAFETY BOXPROPOSED VZ 20' WIDEACCESS EASEMENTSHEET TITLESHEET NUMBERUNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,UNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.TO ALTER THIS DOCUMENT.UTAH MARKET OFFICE7896 SOUTH HIGHLAND DRIVESUITE 200COTTONWOOD HEIGHTS, UT 84121REVDESCRIPTIONDATEBYREVDESCRIPTIONDATEBY3131 SOUTH VAUGHN WAYAURORA, CO 80014PRELIMINARYNOT FORCONSTRUCTIONAISSUED FOR ZD REVIEW05/14/2018RKSBISSUED FOR ZD REVIEW09/07/2018RKSCISSUED FOR ZD REVIEW09/27/2018RKSDISSUED FOR ZD REVIEW10/18/2018RKSEISSUED FOR ZD REVIEW01/07/2020CMBFISSUED FOR ZD REVIEW02/21/2020CMBGISSUED FOR ZD REVIEW04/14/2020RKSHISSUED FOR ZD REVIEW12/21/2020RGEQUIPMENTPLANNOTE:1. VZ SHALL VERIFY & APPROVE ALL EQUIPMENT& CABINET LOCATIONS PRIOR TO THEIR INSTALLATION.2. CANOPY NOT SHOWN FOR CLARITY.A-31EQUIPMENT PLANPROPOSED VZWGENERATORPROPOSED VZWTELCO BOXPROPOSED VZW METER &DISCONNECT SWITCHATTACHED TO H-FRAMEPROPOSED VZWACCESS GATEPROPOSED VZW CEDAR FENCEPROPOSED VZW ILC BOXDOUBLE STACKED BELOWN352326('9=:,&(%5,'*( “ 9'-0"18'-0"PROPOSED VZW LEASE AREA & PROPOSED VZW FENCEPROPOSED VZW GPS ANTENNAMOUNTED ON ICE BRIDGE POSTPROPOSED VZW UTILITY+)5$0(“ :,'(PROPOSED VZW CONCRETEEQUIPMENT PAD, TYP.PROPOSED VZ 3' WIDE UTILITY EASEMENT3'-0 "PR O P O S E D V Z UTI L I T Y E A S E M E N T9'-0"32'-0"PROPOSED VZW LEASE AREA & PROPOSED VZW FENCEPROPOSED 70'-0" HIGHMONOPINE, OVERALLHEIGHT 75' (DESIGNED BYPOLE MANUFACTURER)PROPOSED VZWACCESS GATE4'-0"PROPOSED VZW EQUIPMENTCABINET W/ PLINTH (3 TOTAL)11'-0"PROPOSED CONCRETE PAD9'-4 1/2"10'-0"PROPOSED CANOPY18'-0" PROPOS E D V Z W L E A S E A R E A & P R O P O S E D V Z W F E N C E 17'-6"PROPO S E D C O N C R E T E P A D 11'-4 1/2"2'-10", TYP.PROPOSED VZWSERVICE LIGHTPROPOSED VZW GENERATORREMOTE MANUAL STOPDOUBLE STACKED ABOVE11'-0" PROPOS E D C A N O P Y 3" 3"Page 49 PROPOSED VZWCEDAR FENCEPROPOSED VZW GPSANTENNA MOUNTEDTO ICE BRIDGE POSTSHEET TITLESHEET NUMBERUNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,UNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.TO ALTER THIS DOCUMENT.UTAH MARKET OFFICE7896 SOUTH HIGHLAND DRIVESUITE 200COTTONWOOD HEIGHTS, UT 84121REVDESCRIPTIONDATEBYREVDESCRIPTIONDATEBY3131 SOUTH VAUGHN WAYAURORA, CO 80014PRELIMINARYNOT FORCONSTRUCTIONAISSUED FOR ZD REVIEW05/14/2018RKSBISSUED FOR ZD REVIEW09/07/2018RKSCISSUED FOR ZD REVIEW09/27/2018RKSDISSUED FOR ZD REVIEW10/18/2018RKSEISSUED FOR ZD REVIEW01/07/2020CMBFISSUED FOR ZD REVIEW02/21/2020CMBGISSUED FOR ZD REVIEW04/14/2020RKSHISSUED FOR ZD REVIEW12/21/2020RGELEVATIONSA-4PROPOSED VZW GPSANTENNA MOUNTEDTO ICE BRIDGE POSTFINISH SURFACEELEV. 0'-0" REFFINISH SURFACEELEV. 0'-0" REFNOTE:1. MONOPINE: PANEL ANTENNAS AND APPURTENANCESTO BE PAINTED GREEN TO MATCH PINE FOLIAGE.2. ANTENNA SOCKS WILL BE ADDED TO FURTHERSTEALTH THE FACILITY.PROPOSED SOUTH ELEVATIONPROPOSED WEST ELEVATION21CENTERLINE OF PROPOSED VZW ANTENNAS AND MICROWAVEELEV. 60'-0" AGLTOP OF PROPOSED VZW ANTENNASELEV. 64'-0" AGLTOP OF PROPOSED MONOPINEELEV. 70'-0" AGLPROPOSED VZW RRUS (4 PERSECTOR, 3 SECTORS, 12 TOTAL)PROPOSED 70'-0" HIGHMONOPINE, OVERALLHEIGHT 75' (DESIGNED BYPOLE MANUFACTURER)PROPOSED MONOPINEFOLIAGE (DESIGNED BYPOLE MANUFACTURER)PROPOSED VZW RRUS (4 PERSECTOR, 3 SECTORS, 12 TOTAL)PROPOSED MONOPINEFOLIAGE (DESIGNED BYPOLE MANUFACTURER)CENTERLINE OF PROPOSED VZW ANTENNAS AND MICROWAVEELEV. 60'-0" AGLTOP OF PROPOSED VZW ANTENNASELEV. 64'-0" AGLTOP OF PROPOSED MONOPINEELEV. 70'-0" AGLPROPOSED VZWCEDAR FENCEPROPOSED VZW CANOPYOVER EQUIPMENTOVERALL HEIGHTELEV. 75'-0" AGLOVERALL HEIGHTELEV. 75'-0" AGLPROPOSED COLLAR MOUNT(INSTALLED BY POLEMANUFACTURER) (TYP. OF 2)PROPOSED VZW OVP ONMONOPOLE, 2 TOTALPROPOSED SECTOR MOUNT(INSTALLED BY POLEMANUFACTURER) (TYP. OF 3)PROPOSED VZW OVP ONMONOPOLE, 2 TOTALPROPOSED COLLAR MOUNT(INSTALLED BY POLEMANUFACTURER) (TYP. OF 2)PROPOSED SECTOR MOUNT(INSTALLED BY POLEMANUFACTURER) (TYP. OF 3)PROPOSED VZW CANOPYOVER EQUIPMENTPROPOSED VZ ANTENNA ONDUAL MOUNT BRACKET (4 PERSECTOR, 3 SECTORS, 12 TOTAL)PROPOSED VZ ANTENNA ONDUAL MOUNT BRACKET (4 PERSECTOR, 3 SECTORS, 12 TOTAL)PROPOSED 70'-0" HIGHMONOPINE, OVERALLHEIGHT 75' (DESIGNED BYPOLE MANUFACTURER)PROPOSED VZ 2' MICROWAVE(RFS SC2-190CB) AND (2) ODUS(AVIAT ODU600) (1 TOTAL)PROPOSED VZ 2' MICROWAVE(RFS SC2-190CB) AND (2) ODUS(AVIAT ODU600) (1 TOTAL)Page 50 SHEET TITLESHEET NUMBERUNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,UNLESS THEY ARE ACTING UNDER THE DIRECTIONIT IS A VIOLATION OF LAW FOR ANY PERSON,OF A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT.TO ALTER THIS DOCUMENT.UTAH MARKET OFFICE7896 SOUTH HIGHLAND DRIVESUITE 200COTTONWOOD HEIGHTS, UT 84121REVDESCRIPTIONDATEBYREVDESCRIPTIONDATEBY3131 SOUTH VAUGHN WAYAURORA, CO 80014PRELIMINARYNOT FORCONSTRUCTIONAISSUED FOR ZD REVIEW05/14/2018RKSBISSUED FOR ZD REVIEW09/07/2018RKSCISSUED FOR ZD REVIEW09/27/2018RKSDISSUED FOR ZD REVIEW10/18/2018RKSEISSUED FOR ZD REVIEW01/07/2020CMBFISSUED FOR ZD REVIEW02/21/2020CMBGISSUED FOR ZD REVIEW04/14/2020RKSHISSUED FOR ZD REVIEW12/21/2020RGANTENNAPLANPROPOSED ANTENNA PLAN1A1A2B1B2G1G2A3A4B3B4G3G4RF-1PROPOSED VZ ANTENNA ON DUAL MOUNT BRACKET(4 PER SECTOR, 3 SECTORS, 12 TOTAL)N BƒNGƒ N A ƒPROPOSED VZW RRUS (4 PERSECTOR, 3 SECTORS, 12 TOTAL)PROPOSED DRIP LINE (TYP.)PROPOSED VZW OVP ON MONOPOLE,2 TOTALPROPOSED COLLAR MOUNT(INSTALLED BY POLEMANUFACTURER) (TYP. OF 3)PROPOSED SECTOR MOUNT(INSTALLED BY POLEMANUFACTURER) (TYP. OF 3)PROPOSED VZW DUAL ANTENNA MOUNTINGBRACKET COMMSCOPE BSAMNT-SBS-2-2(2 PER SECTOR, 3 SECTORS, 6 TOTAL)8'-6"TYP.5'-8"TYP.PROPOSED 70'-0" HIGH MONOPINE,OVERALL HEIGHT 75' (DESIGNEDBY POLE MANUFACTURER)PROPOSED VZ 2' MICROWAVE(RFS SC2-190CB) AND (2) ODUS(AVIAT ODU600) (1 TOTAL)Page 51 PROPOSED WIRELESS COMMUNICATION FACILITY- SPECIAL REVIEW NARRATIVE For purposes of the Special Review, the narrative shall describe the following, as applicable: 1.The proposed use and its operations; Response: Verizon proposed to site and construct a 75’ stealth wireless communication facility on property owner by Mountain View Bible Fellowship. The facility will be located off S Saint Vrain Ave and will be disguised as a pine tree. The facility will be secured by a 18’x32’ six foot cedar fence. The facility will also contain Verizon’s ground equipment and antennas on the tower. This facility will allow the expansion of Verizon’s wireless coverage to the area. Additionally, the tower will be structurally designed to accommodate other wireless carriers such as AT&T, Sprint and T-Mobile in the future. The site will be unoccupied and only require routine maintenance site visits whose typical frequency is once monthly. 2.Traffic generation including a traffic impact study if determined necessary by the Decision- Making Body; Response: As noted above, once the site has been constructed and installed, it will only require routine maintenance visits. These involve a truck or small van visiting the site, on average, once a month. This will not generate any significant traffic. 3.Existing zoning compatibility; Response: Verizon and the MVBF have agreed upon a location that is buffered from any significant development and is towards the back of the churches overall property. Additionally, it has been designed as a pine tree and located among an existing tree stand to blend into its surroundings. It is a permitted uses at a height of 30’ or less, however, to allow Verizon’s coverage goals and minimize the potential for new towers in the area in the future, the site is being proposed for a height that requires a special review process. Attachment 5 Page 52 4.Location of parking and loading, including size, location, screening, drainage, landscaping, and surfacing; Response: The Church has parking and turnaround at the facility for the tower. No landscaping has been proposed for two reasons. Firstly, the facility’s base will be screened by an opaque wooden fence, thereby minimizing views of the ground equipment. Secondly, the facility’s location is amongst existing trees which already provide a natural buffer and screen from surrounding viewpoints. 5.Effect on off-site parking; Response: Due to the fact that this shall be an unoccupied facility it will have no impact on off-site parking. 6.Street access points, including size, number, location and/or design; Response: As noted above, Verizon will be utilizing an existing road (S Saint Vrain Ave and Peak View Drive ) to access the property. property. 7.Hours of operation, including when certain activities are proposed to occur; Response: The facility will be operational 24 hours a day. However, it will be unoccupied and therefore generate negligible traffic. The only traffic will be for routine maintenance 8.Exterior lighting; Response: The tower requires no lighting and therefore will generate no glare or light. Page 53 9.Effects on air and water quality; Response The tower generates no effluent or air emissions. Therefore, it will have no effect on either air or water quality. 10. Environmental effects which may disturb neighboring property owners such as; a. Glare. This may be described in terms of location, design, intensity and shielding; b. Noise; and c. Dust; Response: The proposed facility requires no lighting and will be disguised as a pine tree. Therefore, it will emit no glare. The nature of the use also confirms that it will generate no noise or dust. Consequently, it will have no negative impact or disturbance to neighboring property owners. 10.Height, size, setback, and location of buildings and activities; Response: The stealth pine tree will be 75’ in height. It has been set 16’7" from the nearest property lines and will be enclosed within a 6’ wooden fence. Verizon’s equipment will be contained within the proposed fenced compound. 11.Any diking, berms, screening or landscaping, and standards for their installation and maintenance; and Response: No dikes, berms or landscaping are being proposed as part of this project. However, the overall maintenance of the facility will be covered on a regular basis by Verizon. A copy of the proposed maintenance plan has been included for disclosure purposes. Page 54 13. Other resources. This description shall include information on protection and preservation of existing trees, vegetation, water resources, habitat areas, drainage areas, historic resources, cultural resources, or other significant natural resources. Response: Verizon commits to minimal intrusion to the existing landscape as part of this project. Only trees and vegetation located at the compound shall be removed. The facility will have no impact on water resources as it requires none for its operation and the small footprint of the facility will not negatively impact any drainage areas. Additionally, a copy of Verizon's Phase I has been included with this application. The applicant is also required to comply with all State and Federal requirements in order to operate the facility including historic, cultural and natural resources. Page 55 COMPLIANCE WITH LARIMER COUNTY PERFORMANCE STANDARDS As required under Chapter 5.1 T (3) of the Town of Estes Park Development Code, all proposed wireless telecommunications facilities shall comply with the purpose and standards set forth in the Larimer County Land Use Code “Commercial Mobile Radio Service (CMRS) Facilities” except as where noted. Any exceptions shall be detailed. Below are the performance standards of Larimer County and confirmation as to how the proposed Verizon facility shall comply. 16.1.3. - Requirements and performance standards. A.Antenna tower and equipment setbacks. 1.Attached antennas. Attached antennas and other appurtenances may encroach up to two feet into the minimum building setbacks in the underlying zoning district but must not extend over property lines. Response N/A- Proposed project is a stealth tower. 2.Concealed antennas, microcell antenna towers and temporary antenna towers. Minimum setbacks for concealed antennas, microcell antenna towers and temporary antenna towers are the same as the minimum building setbacks in the underlying zoning district. Response: The proposed concealed antenna is 75’ in height and meets the minimum building setback in the A zone district of ten feet from the side yard and ten feet from the rear yard 3.Antenna towers, other than concealed antennas, microcell antenna towers and temporary antenna towers. Minimum setbacks for antenna towers, other than concealed antennas, microcell antenna towers and temporary antenna towers, are as follows: a.From property lines of properties in the B, C, I, and I-1 zones: 30 percent of tower height but not less than minimum building setbacks in the underlying zoning district. b.From property lines of properties in the E, E-1, RE, RE-1, R, R-1, R-2, FA, FA-1, FO, FO-1, M, M-1, A, T, O, PD and AP zones: 100 percent of tower height but not less than minimum building setbacks in the underlying zoning district. Response: The proposed 75’ stealth tower is a concealed antenna and therefore this is n/a Attachment 6 Page 56 4.Guy wires and equipment buildings and cabinets. Minimum setbacks for guy wires and equipment buildings and cabinets are the same as minimum building setbacks in the underlying zoning district. Response: Verizon’s equipment cabinet shall meet building setbacks. Therefore, this requirement has been satisfied. B.Equipment design. 1.Attached antennas on a roof may extend up to 15 feet over the height of the building or structure and may exceed the underlying zoning district height limitation. Attached antennas 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. Attached antennas must be located, painted and/or screened to be architecturally and visually compatible with the building it is attached to. Response: Due to the nature of the proposed facility, this section is not applicable. 2.Microcell and temporary antenna towers may contain up to three whip or panel antennas. Panel antennas may project up to one foot beyond the edge of the tower structure. Microcell and temporary antenna tower structures may be up to one foot wide. Use of wood poles is encouraged. Response: Due to the nature of the proposed facility, this section is not applicable. 3.Antenna towers must be painted or coated in a color that blends with the surrounding building and natural environment, unless state or federal regulations require different colors. Response: The proposed facility will be a stealth pine tree, including branches and body color that are consistent with other trees. This will blend into the natural landscape. Therefore, this requirement has been satisfied. 4.Antenna towers must not be artificially lighted, unless required by the FAA or other state or federal agency. If safety lighting is required, the use of red beacons is preferred to flashing strobe lights. Security lighting on the site may be mounted up to 20 feet high and must be directed toward the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the tower. When incorporated into the approved design of the facility, light fixtures used to illuminate sports fields, parking lots or similar areas may be included in the facility. Page 57 Response: Verizon’s proposed facility will not be artificially lit. Therefore, this requirement has been satisfied. 5.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. Response: The proposed facility’s anchor tenant, Verizon, will be using equipment cabinets. They will be located within an opaque fenced compound. Additionally, this facility will be locating amongst existing trees that buffer it from surrounding property owners. The cabinet’s color will be a neutral color that is visually compatible with the natural environment. Therefore this requirement has been satisfied. 6.Equipment must not generate noise that can be heard beyond the site. However, this does not apply to generators used in emergency situations where the regular power supply for a facility is temporarily interrupted. It also does not apply to air conditioners or noise made during regular maintenance and upkeep of the facility and site. Response: The proposed facility will not generate noise that can be heard beyond the site. The tower will generate no noise and Verizon’s equipment cabinets are such that they generate negligible noise. The generator proposed will only be used for emergency purposes and will produce minimal noise. Therefore, this requirement has been satisfied. C.Site design. 1.Screening and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment is required when any part of the facility is visible from a public right-of-way or adjacent properties. Natural materials must normally be used for screening and fencing; however, wire fencing is permitted when the fencing cannot be seen from the public right-of-way or adjacent properties. Fencing may be up to six feet high. If a facility fronts on a public street, street trees must be planted along the roadway to provide additional screening. Response: Verizon is not proposing additional landscaping at the facility due to several factors. Firstly, it has sited the stealth pine tree amongst existing trees in the back of the parcel. Additionally, the use of a stealth facility instead of a traditional monopole, Page 58 will hide the site’s use from surrounding views. Also important to note, it has employed an opaque wood fence which blends well with the natural surroundings and will provide screening of the compound interior from surrounding views. 2. Existing vegetation and grades on the site must be preserved as much as possible. Response: Verizon acknowledges and will comply with this requirement. 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. Response: Verizon acknowledges and will comply with this requirement. 4.CMRS facilities, except those in the B, C, I, and I-1 zones, must not include manned offices, longterm vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. Response: This will be an unoccupied facility that employs no vehicle storage or other outdoor storage other than for the carrier’s required ground equipment cabinet. It will be visited only for routine maintenance. Verizon acknowledges and will comply with this requirement. D.Co-location on antenna towers. 1.CMRS providers must not exclude other providers from co-locating on the same tower when co- location is structurally, technically or otherwise possible. Response: Verizon acknowledges this requirement and has provided a written statement committing to allow future colocation. Therefore, this requirement has been satisfied. Page 59 2.In addition to equipment proposed for the applicant's use, proposed antenna towers (excepting concealed antennas) and sites must be designed to accommodate co-location of one additional CMRS provider for every 40-foot segment of tower height over 40 feet. Response: Verizon acknowledges this requirement and will be constructing the tower to allow future colocation by carriers such as AT&T, Sprint and T-Mobile. Please refer to the proposed tower designs confirming that the tower will be designed to accommodate multiple tenants. Therefore, this requirement has been satisfied. 3. The county commissioners may reduce the required shared capacity if an antenna tower necessary to provide for such sharing dominates and adversely alters the area's visual character. Response: Verizon acknowledges this requirement but is committed to allowing future tenants to collocate on the site. 4.The county commissioners may revoke a tower building permit or other administrative approvals if conditions for approval of an antenna tower include co-location but: a.The 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 tower or cause interference; or b.The tower owner modifies the structure in a way to make co-location impractical or impossible. If approval is revoked, the facility must be removed at the owners' expense. Response: Verizon acknowledges this requirement. 5.Addition of equipment for co-location of additional CMRS providers or for existing CMRS providers on existing antenna towers and sites does not require the special review process if the tower height remains unchanged. Addition of equipment for co-location of additional CMRS providers or for existing CMRS providers on existing legal, nonconforming antenna towers is not considered a nonconforming use expansion and is exempt from subsection 4.8 (nonconformities), if the tower height remains unchanged. Appropriate permits are required for the addition of any equipment. Response: Verizon acknowledges this statement. Page 60 E.Abandonment. CMRS facilities are considered abandoned if they are unused by all providers at the facility for a period of 180 days. The planning director will determine if a CMRS facility has been abandoned. The planning director has the right to request documentation from the facility owner regarding tower or antenna usage. Upon abandonment, the facility owner has 90 days to: 1.Reuse the facility or transfer the facility to another owner who will reuse it; or 2.Dismantle the facility. If the facility is not removed within 90 days of abandonment, the county may pursue enforcement subject to the provisions of section 21, Enforcement. If the facility is removed, county approval of the facility is null and void. Response: Verizon acknowledges and will comply with this requirement. 16.1.4. - Application. A.Application contents. Applications for administrative or special review approval of proposed CMRS 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 facility, including all related improvements and equipment. Response: Please refer zoning drawing for site plan identification of the location, legal description of the site, on site land uses and zoning, adjacent roadways including access. Area of vegetation are also included. The setbacks from property lines are noted as well as the facility’s location. Therefore, this requirement has been satisfied. 2.A vicinity map showing adjacent properties, general land uses, zoning and roadways: a.Within 100 feet of a proposed attached antenna site; b.Within a distance of (tower height × five) of a proposed concealed antenna, temporary antenna tower or microcell antenna tower site; and c.Within a distance of (tower height × ten) of a proposed antenna tower site. Response: The vicinity map can be found in the zoning drawings and additional attached map in the electronic submission detailing the adjacent properties including land uses, zoning and roadways. Therefore, this requirement has been satisfied. Page 61 3.Elevation drawings of the proposed facility showing all antennas, towers, structures, equipment buildings and cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. Response: Elevation drawings including antennas, structures, cabinets, fencing and other improvements can be found in the zoning drawings. Therefore, this requirement has been satisfied. 4.Photo-realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the facility on the surrounding visual environment. The planning director may request photo-realistic renderings of the site from specific vantage points. This requirement does not apply to facilities permitted under the administrative review process unless the planning director requests such information. Response: Verizon has included a photosim. Therefore, this requirement has been satisfied. 5.A report describing the facility and the technical, economic (if deemed necessary by the planning director) and other reasons for its design and location; the need for the facility and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. Response: Verizon has provided RF propagation maps and an engineering necessity case(Exhibit E) detailing the lack of coverage to the area as well as the proposed increase in coverage. The primary objective of this project is to improve service quality and provide new coverage in south eastern portions Estes Park along Highway 7 and Park View Drive. The existing server site “1435 Prospect Mountain Drive” is obstructed by terrain / foliage. This is causing the signal to be shadowed along Highway 7 and Peak View Drive. This proposed site (PINEWOOD) at 75 feet will fill the coverage hole on Highway 7 and Peak View Drive with better quality signal in this area. Detail is provided supporting these issues in slides 8-13. Our engineering data shows that this area is experiencing 4G data overloads (See slide 13). The existing serving sector at “1435 Prospect Mountain Drive” beta sector has a huge footprint as denoted in slide 12. The proposed site will provide offload to that sector and also improve coverage in that area as shown in slides 8-13. FTC Pinewood is being designed to accommodate 12 antennas for their use. Verizon is also committed to allowing colocation on the proposed tower to accommodate multiple wireless tenants. FTC Pinewood was originally proposed on the golf course, however this design was rejected by the city. We then re-located it to where is it because we were looking at locating at the highest elevation in the desired RF location that met the zoning criteria. Within RFs search ring criteria with a concealed design we are permitted to locate in Accomodations, residential, Estate or Commercial zones. 1575 Provided the most height and most concealed location. If we were to drop down into the Commercial heavy zone to the south we lose 70ft in elevation, severely lessening the effectiveness of the tower. All other surrounding parcels are residential/estates, leaving the church as the best suitable location. Initially we proposed a rooftop design, however this was not permissible from the LL which is why we moved to the monopine design. For the location and area this is provides the most height, and is most shielded from view from the road and neighborhood. 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. Response: Verizon has included a copy of the FAA determination letter, documenting that the tower will not require lighting and poses no threat to aviation. Therefore this requirement has been satisfied. Page 62 7.An agreement detailing responsibility for landscaping, screening and site maintenance and the replacement of dead landscaping. Response: Verizon has included a copy of the overall site maintenance agreement under Exhibit B. Therefore this requirement has been satisfied. 8. A schedule for the installation of landscaping and screening, if applicable. Response: Due to the proposal’s particulars, including location, stealth design, and existing natural buffer Verizon is not proposing landscaping. 9.A letter of intent to allow co-location on the antenna tower as provided in subsection 16.1.3.D (co-location), if the antenna tower is over 40 feet. Response: Verizon has included a notarized statement confirming that it will allow colocation as provided in subsection 16.1.3.D since the proposed facility is over 40 feet. Therefore, this requirement has been satisfied. 10.A letter of intent to remove the facility at the expense of the facility and/or property owner if it is abandoned, as provided in subsection 16.1.3.E (abandonment). The planning director may request additional copies of any submittal item for review by other agencies. Response: Verizon shall assume all financial responsibility to remove the site if it becomes abandoned as provided in subsection 16.1.3.E. Therefore, this requirement has been satisfied. B.Facility inventory. The first application in a calendar year (January through December) for a proposed CMRS facility by a provider must include a detailed inventory of all the provider's existing and approved facilities within Larimer County, all incorporated areas within the county, and one mile beyond the county border, including Wyoming. Response: Verizon has included a detailed inventory of all any facilities in Larimer County, including one mile beyond the border. Therefore, this requirement has been satisfied. Page 63 Verizon Wireless Communications Facility Engineering Necessity Case –PINEWOOD Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distribution of this material is not permitted to any unauthorized persons or third parties except by written agreement. Prepared by: Bryan Eicens October 13, 2020 Insert Photosim or Site Photo Rev. 1/18 Attachment 7 Page 64 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. Project Need Overview: The primary object of this project is to improve service quality and provide new coverage in southeastern portions Estes Park along Highway 7 and Park View Drive. The existing server site “1435 Prospect Mountain Drive” is obstructed by terrain / foliage. This is causing the signal is shadowed along Highway 7 and Peak View Drive. This proposed site (PINEWOOD) at 75 feet will fill the coverage hole on Highway 7 and Park View Drive with better quality signal in this area. Detail is provided supporting these issues in slides 8-13. Our engineering data shows that this area is experiencing 4G data overloads (See slide 13). The existing serving sector at “1435 Prospect Mountain Drive” beta sector has a huge footprint as denoted in slide 12. The proposed site will provide offload to that sector and also improve coverage in that area as shown in slides 8-1 3. Additional details and explanations follow in this presentation. Page 65 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. Introduction: Coverage and/or capacity deficiencies are the two main drivers that prompt the need for a new wireless communications facility (WCF). Most WCF provide a mixture of both capacity and coverage for the benefit of the end user. Coverage describes the existence or lack of wireless service in an area. The request for improved service often comes from our customers or emergency services personnel that have no service or poor service. Coverage used to refer to the ability to make or place a call in vehicles, however, as usage patterns have shifted, coverage is now determined based on whether or not sufficient WCF exist to provide a reliable signal inside of buildings and residential areas, as well. Historically, when wireless was still in its infancy, coverage was the primary means to measure the effectiveness of the network in a given area. Capacity is the metric used to determine if sufficient wireless resources exist and is now the primary means to measure how a community’s wireless needs are being addressed. “Five bars” no longer means guaranteed coverage and capacity because each WCF has a limited amount of resources to handle voice calls, data connections and data volume. When these limits are reached and the WCF becomes overloaded (meaning there is more demand than signal to service it), the user experience quickly degrades preventing customers from making/receiving calls or getting applications to run. A WCF short on capacity could also make internet connections time out or delay information to emergency response personnel. Page 66 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. Coverage is best shown via coverage maps. RF engineers use tools that take into account terrain, vegetation, building types, and WCF specifics to model the existing coverage and prediction what we expect to see with the addition of a proposed WCF. Coverage also changes depending on which frequencies are used. Most phones today use 3G at 800 MHZ or 4G at 700 MHz spectrum which are considered low frequencies. Low frequencies can travel further distances than then the higher 1900 MHz and 2100 MHz frequencies now being employed due to increased capacity demands. Operating at higher frequencies makes it necessary for carriers to install substantially more wireless facilities to achieve the same coverage as one tower operating on the lower frequencies. Explanation of Wireless Coverage Page 67 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. Capacity is the amount of resources that a WCF has to service customer demand. Verizon utilizes sophisticated programs and customer feedback to monitor current usage trends and to forecast future needs. Because it takes an average of 2 -3 years to complete a WCF, we have to start the process of adding a new WCF several years in advance of when the WCF will be needed. Location, Location, Location. A good capacity WCF needs to be in the center of a user population which insures that traffic is evenly distributed around the WCF. A typical WCF is configured into three sectors (like a pie cut into three pieces), with each slice (sector) having 33% of the WCF resources. If one sector is under-utilized, it’s resources can not necessarily be diverted to another sector. Therefore, optimal performance is only obtained when all three sectors have an even traffic distribution. Explanation of Wireless Capacity Page 68 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. Wireless Data Growth Each year Verizon sees large increases in how much data its customers need. As the resolution of the pictures we send increases, the quality of the video we watch improves and the complexity of the applications grow, we commonly see tremendous growth year-over-year. [Insert latest growth info from COMET web page and citing the source] Machine to Machine communications will also increase the data burden on wireless networks, as over the next five (5) years more and more services that improve our safety and make our lives easier will be available over the wireless infrastructure , such as: -Cars that notify 911 when an airbag deploys. -“Driverless” cars needing traffic data and maps to reach your destination as quickly as possible. -Medical monitors that will alert us should a loved one neglect taking their prescription drugs. -Home alarms that notify you when your child arrives home from school. -Smart street lights that notify the city when they are not working. -City garbage cans that let people know when they need to be emptied. -Tracking watches will aid in finding lost Alzheimer patients. Explanation of Wireless Data Growth Page 69 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. A common question received is “Are the radio emissions safe?” Verizon goes to great effort to ensure that all of its projects meet the standards established by the FCC to ensure safety of the public and its employees.The links below are to three reputable organizations that have performed extensive reviews of the science available on this subject and have good educational articles on the results of their research. World Health Organization http://www.who.int/peh -emf/about/WhatisEMF/en/index1.html America Cancer Society http://www.cancer.org/cancer/cancercauses/othercarcinogens/athome/cellular-phone -towers FCC Radio Frequency Safety https://www.fcc.gov/general/radio-frequency -safety -0 Radio Emission Safety… Page 70 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. LTE AWS1 -Existing Coverage without proposed site Proposed Site Future Site Page 71 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. LTE AWS1 -End of 2020 Coverage without proposed site Proposed Site Future Site Page 72 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. LTE AWS1 -Proposed Coverage with proposed site Proposed Site Future Site Page 73 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. LTE 700 -Existing Coverage without proposed site Proposed Site Future Site Page 74 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. LTE 700 -End of 2020 Coverage without proposed site Proposed Site Future Site Page 75 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. LTE 700 -Proposed Coverage with proposed site Proposed Site Future Site Page 76 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. The proposed will improve both capacity and coverage in the highlighted area in red. The plots above show the areas that each s ite / sector areas of service in a different color. The left map shows what existing coverage with the overloaded sector showing in pink. The right map shows the area this new site will cover encircled in red. This project will improve service by providing necessary capacity to support the growth we are seeing in 4G data traffic. The Yellow, red, and gray areas around the proposed site will see much better service Serving Sector Maps: Best Server with proposed siteBest Server without proposed site Proposed SiteCurrent server for this area Page 77 Confidential and proprietary materials for authorized Verizon personnel and outside agencies only. Use, disclosure or distributi on of this material is not permitted to any unauthorized persons or third parties except by written agreement. Summary:”SHINING” site is located at 1425 Prospect Mountain Drive. The beta sector of this site that we are trying to offload has been a triggering sector during the summer months and exceeds capacity. This sector covers a large area as shown in slide 14 (it is the sector denoted by the red color in the map). The proposed site (PINEWOOD) will offload traffic at “SHINING” site. Detail below : The graph above shows ASEU (Average Eligible Users per TTI) which is a measurement of the customer data usage that this sector currently serves. The green line shows the daily data use on this sector of the wireless facility site. The red line is the limit where the sector becomes exhausted and service starts to degrade. The point in time where we see the blue line go above the red line is when we will start seeing service begin to degrade. Service will quickly degrade after that point as usage continues to grow. Capacity Projection for Surrounding Sectors 1425 Prospect Mountain Drive (Sector 2) Exhaustion Threshold: Projected use: Actual use: Page 78 Page 79 EXISTING SITE AERIAL LOCATION PHOTO SIMULATION - 75’ MONOPOLE FTC Pinewood VERIZON WIRELESS TELECOMMUNICATION FACILITY MACRO SITE - MONOPINE NORTH View From Peak View Dr Drawn By: Dakota Hawks Salt Lake City Office Drawn For: Mountain View Bible Fellowship Fred Hess Corporate 3115 Melrose Drive Carlsbad, CA 92010 760-765-5275 Salt Lake Office 7896 South Highland Dr Cottonwood Hieghts, UT 84123 801-463-1020 Attachment 8 Page 80 EXISTING SITE AERIAL LOCATION PHOTO SIMULATION - 75’ MONOPOLE FTC Pinewood VERIZON WIRELESS TELECOMMUNICATION FACILITY MACRO SITE - MONOPINE W View From Country Club Dr Drawn By: Dakota Hawks Salt Lake City Office Drawn For: Mountain View Bible Fellowship Fred Hess Corporate 3115 Melrose Drive Carlsbad, CA 92010 760-765-5275 Salt Lake Office 7896 South Highland Dr Cottonwood Hieghts, UT 84123 801-463-1020 Page 81 EXISTING SITE AERIAL LOCATION PHOTO SIMULATION - 75’ MONOPOLE FTC Pinewood VERIZON WIRELESS TELECOMMUNICATION FACILITY MACRO SITE - MONOPINE NE View From residenses near Axminster Lane Drawn By: Dakota Hawks Salt Lake City Office Drawn For: Mountain View Bible Fellowship Fred Hess Corporate 3115 Melrose Drive Carlsbad, CA 92010 760-765-5275 Salt Lake Office 7896 South Highland Dr Cottonwood Hieghts, UT 84123 801-463-1020 Page 82 Fwd: Cell Tower Thu, Mar 11, 2021 at 12:27 PM I recently received a notice from you about another vote on the building of a cell tower near a property I own. I was under the impression a vote had been taken at the last meeting and the tower was not going to be built at this location. I am writing to let you know I am not in favor of the building of the tower at this location. If you are taking a poll of what the Estes Park citizens feel about this issue put me down for a "NO" vote. Cliff Baker Owner of property at 1062 Tranquil Ln. Cell Tower Deb Callahan <drc0429@gmail.com> Mon, Mar 15, 2021 at 1:19 PM Hi, I wish to express my support for the new cell tower proposed by Verizon. I have Verizon as a carrier and anything that improves cell service in Estes Park would be a great improvement! I have several friends who live in that area and they are constantly experiencing dropped calls. During the evacuation they had almost no cell service at all, couldn’t make or receive calls, and it was a real safety issue. I work in the Carriage Hills area and most times only have 1 bar for service reception. I look forward to anything that would improve cell coverage in this town! Sincerely, Deb Callahan 1364 Deer Path Ct Estes Park Sent from my iPhone Public Comment Received by 03-17-2021 Page 83 March 15, 2021 (for the March 23 Town Board meeting) To the Board of Trustees of the Town of Estes Park: We were notified recently that there have been public hearings already held relating to the proposal to construct additional cell towers in Estes Park. My understanding is that the first macro tower location is proposed for 1575 S. St. Vrain Avenue in Estes. Apparently, there was a public hearing recently where a small number of residents spoke against the placement of additional towers. I must present the opposite case, from the perspective of community health support and timely healthcare services. Cell communication in the town of Estes Park suffers from poor coverage in many areas, and suffers from poor signal strength in those same, and other, areas. This often leads to delays in communication to physicians and other healthcare on-call staff (lab, radiology, surgery, other). The opportunity to upgrade should be accepted with construction as soon as possible to address some of these shortcomings. Connectivity through broadband, through radio, through traditional land-line phones, and through mobile devices is tremendously important to the work of Estes Park Health. Often the importance is critical and emergent. Every day, every night, we have substantial communication traffic related to patient care, safety, wellness. We’ve made great progress on broadband in the Estes Valley, with Trailblazer. As part of this, and of great importance for its redundancy, great progress has been made providing alternate fiber paths into/out of Estes. This helps to provide failover options in the event of loss of one connection. These safety nets are critically important to EPH, and I believe to the Town of EP, the school system, the Y, and most of our businesses. We need to bring the same urgency and attention to our cell service. Every one of our physicians, every one of our leaders, and all of our staff members, rely on cell phones and other mobile devices for communication with EPH, other providers, our ambulance service, and much more. We have struggled for years to have the appropriate coverage and signal strength in Estes to serve our healthcare communication needs. We have had to resort to time-wasting and less effective technologies to supplement poor cell service. Obviously, this can result in patient safety challenges and becomes a matter of life or death in some circumstances. I could provide many examples of the great value to EPH of strong cell signal throughout the Town of EP. Suffice to say that it’s of the highest importance to our work and to patient care to have strong cell strength and coverage everywhere in town. Please let me know if there are other questions that I can answer to help support this cause. We certainly will plan to attend the public hearing on March 23. Please consider this our earnest and strong comment in favor of this additional tower, and others as Verizon determines necessary to provide proper coverage up here. Thanks for your consideration. Sincerely, Gary M. Hall CIO / COO: Estes Park Health Phone: 970-577-4443 Cell: 970-744-9052 Email: ghall@eph.org Page 84 Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ 3/18/2021 10:03 PM Resolution 17-21.Nathan Wilke For Dear Board of Trustees As we are now well into the 21st century, and cell coverage is as part of our lives as is electricity delivers via overhead lines/poles, I wholeheartedly support Verizon’s cell tower just off St. Vrain. These tree camouflaged cell towers are very low key. And provide a valuable and desired service. Sincerely Nate Wilke 2630 Fish Creek 3/18/2021 6:19 PM Resolution 17-21.Larry E Leaming For Public Comment, Resolution 17-21, Stealth Wireless Communication Facility. My name is Larry Leaming and I live at 2181 Larkspur Avenue. I retired as the Chief Executive Officer of Estes Park Health in February of 2020 and I would like to encourage your support for the Stealth Wireless Communication Facility to be located at 1575 S. Saint Vrain Avenue (Resolution 17-21). During my tenure at CEO at Estes Park Health we experience significant gaps in cellular phone coverage within the Estes Valley. These gaps in coverage frequently interfered with our ability to communicate with on-call physicians and medical personnel. These delays in communication with critical medical personnel put patients at risk. I would strongly encourage you to support resolution 17-21 and any expansion of the cellular network in the Estes Valley that improves coverage. Thank you. 3/18/2021 5:13 PM Resolution 17-21.Catherine Cornell For Cell communications in the Estes Valley are poor and spotty. This is a safety risk. It is not about being able to talk while driving. It IS about being able to place a cell call in an emergency. I fully support having these stealth towers ALL OVER the Estes Valley to ensure adequate communications at all times in all places in the Estes Valley. Catherine Cornell I cannot find out what the action item is in order to be FOR AGAINST or NEUTRAL. If it is required that I make a choice, then what I'm voting for should be easy to find. I cannot find the historical resolution and therefor I can't know what to vote for. MY VOTE **FOR** IS A VOTE IN SUPPORT OF STEALTH TOWERS. If I have guessed wrong and a vote for really means a vote against stealth towers, then my vote should change accordingly. Going forward, please be clear as to what I'm supposed to vote for. 3/18/2021 2:58 PM Resolution 17-21.Julian Eisner For It sure would be convenient to eliminate this dead spot in cell phone reception. 3/18/2021 2:07 PM Resolution 17-21.Karen Thompson For I am in favor of placing a cell phone tower at Mountain View Church as proposed. Living in Carriage Hills, EVERY time I pass through the area around Peak View Drive while connected to a phone call, either the call is dropped or I have to quickly instruct the person on the other end to hang on while I go through this dead zone. I’m sure I am not the only person this happens to. Also, several people living on the southeast side of Prospect Mountain are not able to receive cell phone calls for the same reason – the Peak View Dead Zone. With the new housing development, the need for adequate cell coverage in that area will obviously increase, and I strongly believe the benefit outweighs the detriment. Land lines are becoming obsolete, and it is important that both residents and visitors alike have adequate cell coverage when traveling through populated areas such as Estes Park. I am also opposed to the 1000 character limit on public comment. I don't understand how Town government can Public Comment Received by March 19, 2021 Page 85 Public Comment - Cell Tower at Mountain View Church KAREN THOMPSON <SKKSTHOMP@msn.com> Thu, Mar 18, 2021 at 1:41 PM To All Town Board Trustees: Please accept this as my public comment regarding the proposed cell tower near the intersection of Peak View Drive and Highway 7, and include it in the board packets for the meeting on March 23, 2021. I am in favor of placing a cell phone tower at Mountain View Church as proposed. Living in Carriage Hills, EVERY time I pass through the area around Peak View Drive while connected to a phone call, either the call is dropped or I have to quickly instruct the person on the other end to hang on while I go through this dead zone. I’m sure I am not the only person this happens to. Also, several people living on the southeast side of Prospect Mountain are not able to receive cell phone calls for the same reason – the Peak View Dead Zone. With the new housing development, the need for adequate cell coverage in that area will obviously increase, and I strongly believe the benefit outweighs the detriment. Land lines are becoming obsolete, and it is important that both residents and visitors alike have adequate cell coverage when traveling through populated areas such as Estes Park. Karen Thompson Public Comment - Cell tower proposal Sarah Metz <sarah@estesparkhome.com> Thu, Mar 18, 2021 at 1:47 PM To All Town Board Trustees: Please accept this as my public comment regarding the proposed cell tower near the intersection of Peak View Drive and Highway 7, and include it in the board packets for the meeting on March 23, 2021. I am in favor of placing a cell phone tower at Mountain View Church as proposed. Living in Carriage Hills, EVERY time I pass through the area around Peak View Drive while connected to a phone call, either the call is dropped or I have to quickly instruct the person on the other end to hang on while I go through this dead zone. I’m sure I am not the only person this happens to. Also, several people living on the southeast side of Prospect Mountain are not able to receive cell phone calls for the same reason – the Peak View Dead Zone. With the new housing development, the need for adequate cell coverage in that area will obviously increase, and I strongly believe the benefit outweighs the detriment. Land lines are becoming obsolete, and it is important that both residents and visitors alike have adequate cell coverage when traveling through populated areas such as Estes Park. Sarah F. Metz Verizon cell tower @ Mtn View Church Bob Most <bobmost@rmi.net> Fri, Mar 19, 2021 at 8:37 AM I support the installation of this cell tower at this location. A person never appreciates having a good cell phone signal until you don’t have one in an emergency. If for no other reason, this proposal should be approved as a matter of public safety. The cost of a cell tower is so expensive that Verizon would not have proposed it if it wasn’t necessary. Installing it will not bring them a single new customer. Please consider voting “FOR” approval. Bob Most 2001 Cherokee Drive Page 86 Fwd: Support for Stealth Towers Fri, Mar 19, 2021 at 11:57 AM On Thu, Mar 18, 2021 at 5:15 PM Catherine Cornell <mccornell3@gmail.com> wrote: Cell communications in the Estes Valley are poor and spotty. This is a safety risk. It is not about being able to talk while driving. It IS about being able to place a cell call in an emergency. I fully support having these stealth towers ALL OVER the Estes Valley to ensure adequate communications at all times in all places in the Estes Valley. Catherine Cornell Page 87 633 Seventeenth Street, Suite 3000, Denver, CO 80202-3622 Telephone: 303.297.2900 Fax: 303.298.0940 www.shermanhoward.com 53071616.1 Melissa Kerin Reagan Sherman & Howard L.L.C. Direct Dial Number: 303.299.8310 E-mail: mreagan@shermanhoward.com March 19, 2021 VIA E-MAIL Board of Trustees Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Re: Resolution 17-21 - VZW / FTC Pinewood – S1 Special Review Permit for Wireless Facility Dear Board of Trustees: Our firm is counsel to Verizon Wireless (VZW). VZW submitted its application for a S1 Special Review for a permit (“Application”) for a concealed wireless facility located 1575 S. Saint Vrain Ave., Estes Park, CO (“Facility”). On February 23, 2021, the Board of Trustees held a hearing on the Application (“Feb. 23 Hearing”) and, on March 9, 2021, the Board of Trustees continued the hearing until March 23, 2021. VZW submits this letter in support of its Application, which outlines its compliance with federal, state, and local law and addresses certain issues raised during the Feb. 23 Hearing. VZW respectfully requests the Board of Trustees approve the Application on March 23, 2021 as it meets all requirements under federal, state, and local laws and regulations. This letter includes the following: a) Background on wireless services, b) Analysis of VZW’s Application and compliance with the Town of Estes Park’s Development Code (“Code”), c) Analysis showing the Application’s approval is required under federal law, d) Analysis showing VZW appropriately addressed concerns raised at the Feb. 23 Hearing, and e) Community support for the Application. Page 88 Town of Estes Park Board of Trustees March 19, 2021 Page 2 2 53071616.1 1. Background on Wireless Services VZW is in the communications industry and provides personal wireless services to the public pursuant to licenses issued to it by the Federal Communications Commission (“FCC”); it also provides infrastructure for the provision of personal wireless services in the State of Colorado in the form of personal wireless services facilities (“Facilities”). VZW’s customers include governmental agencies, emergency services providers, members of the public (citizens and tourists), and businesses — all of whom rely on a stable network to provide seamless services. VZW’s customers communicate and transmit massive amounts of data through smart phones, tablets, and other mobile devices via a network of Facilities. The provision of personal wireless services is only possible through the installation of numerous overlapping and interconnected wireless Facilities that, when combined, create a wireless network. Each wireless Facility services a specific geographic area, the exact radius of which is dependent upon the details of corresponding “hand-off” sites. Typically, a wireless Facility consists of several flat panel antennas, which may be mounted on existing tall structures or attached to a tower, monopole, or stealth tower (as in this case; a “stealth” telecommunications facility is one disguised as a tree or other façade that makes the facility less intrusive), along with other associated equipment necessary for the operation of that facility. Generally, the siting of Facilities is fairly inflexible, as in any given search area there will be a limited number of feasible locations from which a wireless facility can provide adequate service to the target area. For the system to function without capacity or coverage “gaps”, there must be Facilities that are properly located, installed and operational. If there are gaps in capacity or coverage between Facilities, VZW customers or other users who travel into the area will experience an unacceptable level of service, including failed attempts, busy signals, dropped calls, and an inability to access or download data (i.e. emails, maps, websites, and the like). VZW provides best in class wireless service to its customers and others using its network. To do so, it is continuously testing, improving, and expanding its infrastructure; and because of the exponentially expanding use of data (such as downloading business files and emails from university and company networks, medical records, streaming music and videos, movies, and sportscasts, and other such uses), VZW constantly must add more communications facilities to address capacity issues created by the ever-increasing data usage. Existing gaps in personal wireless service capacity and, therefore, coverage, and increasing demand for wireless and data services by the public, mandate the installation of additional wireless Facilities by VZW across the State of Colorado, and specifically in and around the Town of Estes Park. This includes the Facility at issue here, which is designed to ensure: (1) the continued provision of wireless and data services with the requisite capacity and coverage needed for reliable voice, data and other services for use by the public on a daily basis; (2) residents and travelers have Page 89 Town of Estes Park Board of Trustees March 19, 2021 Page 3 3 53071616.1 the ability to access emergency service providers, particularly in the Town and in close proximity to Rocky Mountain National Park; and (3) the wireless services are tailored to meet the evolving needs of mobile devices used by the public, especially with the increasing prevalence of 5G devices. The significance of providing adequate wireless and data service (i.e., capacity and coverage) is important considering the increased reliance on mobile devices for access to emergency services. Many emergency personnel and first responders rely upon wireless networks not only for secure encrypted wireless communications, but also for use of mobile equipment which has become commonplace in emergency vehicles and for the transmission of data services. VZW is legally required to provide seamless coverage in the areas it is licensed to serve.1 Accordingly, under federal law, local governments like the Town may not prohibit the deployment of wireless facilities if the applicant demonstrates there is a gap in capacity/coverage and the proposed site is the least intrusive available means by which to address the gap. Where, as here, data traffic creates capacity impacts and ultimately overloads existing sites, coverage gaps arise. VZW must add new Facilities in between those sites to off-load traffic and ensure adequate capacity and, therefore, coverage throughout its network. Based on the circumstances underlying this Application, the failure to allow this Facility results in a gap in capacity and, therefore, coverage, which VZW is required to remedy in order to fulfill its requirement to serve under its FCC licenses. See, e.g., 47 U.S.C. § 332. 2.VZW’s Application Meets the Town’s Code Requirements VZW’s Application meets all the Town’s Code criteria for a S1 Special Review and Exhibit B in the Town’s application form for issuance of the permit for placement and construction of the Facility. This is confirmed by the Town’s Planning Staff Report prepared for the February 23, 2021 Board of Trustees meeting. Jeffrey Woeber, Senior Planner for the Town of Estes Park, did not identify any deficiencies in the Application and recommended its approval. The packet includes a memorandum prepared by Mr. Woeber in which he noted that (1) “no significant issues or concerns were expressed by reviewing staff,” (2) “Public Works finds the existing church infrastructure to be acceptable for construction and operation of the WCF,” and (3) “the Town of Estes Park has ‘no objections’ to this project.” Mr. Woeber “recommend[ed] approval of the Special Review Application, with the following finding: 1. Staff finds that the proposed Wireless Communication Facility would meet all applicable and [sic] procedures, standards, and criteria as required within the Estes Park Development Code.” 1 The FCC’s granting of licenses to VZW as a wireless carrier constitutes a finding that the public interests will be served by the wireless services sought to be deployed, consistent with the public policy, as formulated by Congress, “to make available so far as possible, to all people of the United States . . . a rapid, efficient, nationwide and worldwide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of national defense, for the purpose of promoting safety of life and property through the use of wire and radio communication.” 47 U.S.C. § 151. Page 90 Town of Estes Park Board of Trustees March 19, 2021 Page 4 4 53071616.1 3.VZW’s Application Should Be Approved under Federal Law a.The Town’s decision to deny VZW’s Application will effectively prohibit the deployment of wireless services and, thus, violate Federal law. The Federal Telecommunications Act (the “Act”) preempts any local regulation that has the effect of prohibiting the provision of personal wireless services. See 47 U.S.C. § 332(c)(7)(B)(i)(II). Section 332(c)(7)(B)(i)(II) expressly states, “the regulation of the placement, construction, and modification of personal wireless service facilities by any state or local government or instrumentality thereof- shall not prohibit or have the effect of prohibiting the provision of personal wireless services.” The Application was formally submitted in September 2020 and, thus, after the FCC’s 2018 Order designating the test for “effective prohibition” under 47 U.S.C. §332(c)(7)(B)(i)(II) as to whether the action by a local jurisdiction will “materially inhibit” the provision of services as outlined in the Order. As of the 2018 FCC Order, the new standard to assess whether a permit denial is improper under 332(c)(7) is whether it “materially inhibits” a provider’s ability to “compete in a fair and balanced legal and regulatory environment” or improve its wireless service. If so, then there is an effective prohibition under 332. Improving wireless service is broadly defined and includes not only “filling a coverage gap” but also “densifying a wireless network, introducing new services or otherwise improving service capabilities.” By the FCC’s 2018 Order, a legal requirement need not be insurmountable to materially inhibit the provision of wireless service. i.VZW demonstrated a significant gap in wireless services and that the Facility also will densify its wireless network. VZW’S radio frequency (“RF”) engineers conduct detailed technical analyses, including the use of drive test data and accepted industry standard predictive modeling tools, to determine where wireless Facilities must be installed in order to provide the reliable coverage needed to address the topographical and technological limitations involved in the provision of its wireless services in an area. Here, such testing and analysis were conducted in the area of the Site, which encompasses a highly traveled and densely populated Town that sits next to Rocky Mountain National Park and local roads, residences and businesses. A copy of VZW’s RF propagation maps and letter of explanation were included as Exhibit E to the Application. At the Feb. 23 Hearing, VZW’S RF Engineer, Bryan Eicens, provided testimony regarding Exhibit E and explained the gap in wireless services and how this Facility will densify VZW’S network and provide new services. It is undisputed that, if the Town denies the Application, it will materially inhibit VZW’s ability to improve its wireless services and, thus, it will be an effective prohibition under Section 332 of the Act. Page 91 Town of Estes Park Board of Trustees March 19, 2021 Page 5 5 53071616.1 ii.VZW’s Site is the least intrusive means to fill the gap in wireless services. Once capacity/coverage issues are identified in an area (and thus a coverage gap is deemed to exist or be imminent), VZW reviews the existing sites and possible areas in between them to install a new network capacity-enhancing site. First, it locates the small area in which such a site can be located based on detailed RF analysis (the “Site Ring”). This considers distance, topography, interference, existing structures, and many other factors. Then, it looks at the zoning of the properties within the Site Ring to determine potential candidates for the location of a telecommunications facility (as such Facilities are not allowed in all zoned districts). This further and significantly narrows the possible locations within the Site Ring. Next, VZW ranks the feasibility of the remaining sites for the one which best serves the public. Finally, VZW reaches out to owners of the potential sites to gauge their interest in entering a long-term lease for the construction and maintenance of a telecommunications facility on their property. At each step of the process, locations that were being considered are eliminated as not feasible or unavailable. Through this process, VZW considers many properties in an area and narrows the possible alternatives, usually resulting in only a few alternatives, or as here, only one feasible alternative which offers the least intrusive means to address the significant gap. VZW engaged in such a process and determined that the “FTC Pinewood” (the “Site”) presents the only viable option and the least intrusive means to fill the established capacity and, therefore, coverage gap to provide essential wireless services to the area. Other than the proposed Site, no other suitable options were available within the Site Ring, in part because they will not provide the coverage VZW seeks, they do not meet the Code requirements, they do not have adequate access to utilities or physical access to the site, or there is not a willing landlord. Further, the Estes Valley golf course is not within the Site Ring that was identified and submitted with the Application and, thus, is not a viable alternative.1 Given these considerations, and as demonstrated, VZW made a comprehensive search, and considered alternative possibilities between the affected existing sites that might work. The Site was the best and least intrusive — and indeed, the only — presently feasible option for filling the coverage/capacity gap. b.The Town cannot deny VZW’s Application based on RF Emissions. Pursuant to the Act, local jurisdictions cannot deny applications for wireless facilities if they comply with RF emissions standards as set by the FCC. 47 U.S.C. § 332(c)(7)(B)(iv) (“No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”). VZW must comply with the FCC standards in order to utilize its spectrum license.. VZW submitted a letter from its RF Engineer, Bryan Eicens, that 1 VZW previously considered the golf course in 2017. However, since that time, VZW constructed another facility near the Estes Valley golf course. Thus, the golf course is no longer within the Site Ring for this proposed Facility. And, the golf course would be too close in proximity to the other facility and likely would result in significant interference and not service the areas covered in this Site Ring. Page 92 Town of Estes Park Board of Trustees March 19, 2021 Page 6 6 53071616.1 stated “The Verizon Wireless communications facility will comply with all Federal standards for radio frequency standards and all current Federal Communication Commission’s guidelines.” See Application, VZW Signal Interference and RF Emissions letter dated Oct. Oct. 21, 2020. Thus, as VZW will comply with the RF emissions standards set by the FCC as well as all other Code requirements, there is no basis for the Town to deny the Application, based on RF emissions considerations. 4.VZW’s Application and Information at the Hearing Properly Addressed Issues Raised a.VZW’s Facility Complies with the Town’s Noise Regulations The VZW Facility complies with the Town’s noise requirements set forth in the Town’s building code. Further, the generator that is part of the Facility typically only cycles on in instances when power is lost and for routine testing which is performed every other week on average. VZW is happy to schedule the routine testing at times that work best for the citizens and businesses in the area if possible. b.Property Values Will Not Be Adversely Affected VZW is not required by the Code, state law, or the Act to provide any evidence of property values in support of the Facility, and the law does not require it. Federal courts considering this issue, including the Tenth Circuit, have held that there is no affirmative requirement that a wireless provider present evidence that a proposed facility does not have a negative impact on property values. AT&T Mobility Services, LLC v. Village of Corrales, 642 Fed. Appx. 886, 890 (10th Cir. 2016); Bell Atlantic Mobile of Rochester L.P. v. Town of Irondequoit, 848 F.Supp.2d 391, 401 (W.D.N.Y. 2012). Contrary to the unsubstantiated statements at the Feb. 23 Hearing, the value and impact of wireless facilities in residential communities has changed dramatically over the last ten years and, even more so, during the global COVID-19 pandemic. Wireless service has emerged as a critical factor in home-buying decisions. A copy of VZW’s Educational Handout is enclosed and information regarding property values are included on page 4. National studies demonstrate that most home buyers value good cell service over many other factors including school district when buying homes. More than 75% of prospective home buyers said a good cellular connection was important to them. Money, “The Surprising Thing Home Buyers Care About More than Schools”, June 2, 2015. The same study showed that 83% of millennials (those born from 1982 – 2004) said cell service was the most important factor in purchasing a home. Id. More than 90% of U.S. households use wireless service, and more than half of U.S. households are completely wireless (meaning they have no landlines). Citizens need to be able to access 911 and reverse 911 and wireless may be that only connection. CTIA Facts and Infographics, June 2015. This information demonstrates that the Facility will not be detrimental to property or improvements in the area. Page 93 Town of Estes Park Board of Trustees March 19, 2021 Page 7 7 53071616.1 c.The Estes Valley Golf Course Is Not a Viable Alternative Site. As set forth above in Section 3.a.ii, the Estes Valley Golf Course is not a viable alternative site because it is located outside of the Site Ring. Further, at the Feb. 23 Hearing, the Town Administrator indicated that the Town was not interested in having the Facility on its property. At the Feb. 23 Hearing, VZW also represented that the network’s needs had changed since 2017 and the construction of other wireless facilities in the area. d.The Town Cannot Consider Effects of RF Emissions in Deciding Whether to Approve the Application. As set forth above in Section 3.b, the Facility will comply with FCC RF emissions standards and, thus, the Town cannot deny VZW’s Application based on any real or perceived health effects related to RF emissions. This includes arguments that the property values will decline because of perceived health and safety effects related to the Facility and RF emissions. Finally, and most importantly, not only does the Facility comply with the Code and federal law, it will provide a significant benefit to the citizens of Estes Park and its thousands of visitors. Adding this facility will greatly decrease connection latency and increase data throughput. In practical terms, this means phone calls, email, web pages, file uploads and downloads, navigation, business lookup and reviews, audio and video streaming, and any other connected features of phones, tablets, laptops, portable Wi-Fi hotspots, smart watches, and other 4G- and 5G-connected devices will all be faster, higher quality, and fail less often. All of this is necessary and desirable and will contribute to the general well-being of the Town. 5.Community Support for the Application VZW encloses the “Special Letter to the Editor: In support of cell towers” from Gary Hall with Estes Park Health published in the Estes Park-Trail Gazette. Here are relevant excerpts from the article: We need to bring the same urgency and attention to our cell service. Every one of our physicians, every one of our leaders, and all our staff members, rely on cell phones and other mobile devices for communication with EPH, other providers, our ambulance service, healthcare services outside of Estes, and others. We’ve struggled for years to have appropriate coverage and signal strength in Estes to serve our healthcare communication needs. We have had to resort to time- wasting and less effective technologies to supplement poor cell service. Obviously, this can result in patient safety challenges and becomes a matter of life or death in some circumstances. *** Page 94 Town of Estes Park Board of Trustees March 19, 2021 Page 8 8 53071616.1 Please consider this our earnest and strong comment in favor of this additional tower, and others as Verizon determines necessary to provide proper coverage up here. VZW’s Application meets all of the Town’s Code requirements and federal law. For these reasons, VZW respectfully requests Town of Estes Park’s Board of Trustees approve VZW’s Application. Sincerely, Melissa Kerin Reagan cc: Ms. Laura Alms Ms. Debbie Essert Page 95 | March 16, 2021 at 9:50 a.m. Special Letter to the Editor: In support of cell towers LATEST HEADLINES Page 1 of 4Special Letter to the Editor: In support of cell towers – Estes Park Trail-Gazette 3/18/2021https://www.eptrail.com/2021/03/16/special-letter-to-the-editor-in-support-of-cell-towers/ Page 96 To the Board of Trustees of the Town of Estes Park: We were notified recently that there have been public hearings relating to the proposal to construct additional cell towers in Estes Park. My understanding is that the first macro tower location is proposed for 1575 S. St. Vrain Avenue in Estes. Apparently, there was a public hearing recently where a small number of residents spoke against the placement of additional towers. I must present the opposite case, from the perspective of community health support and timely healthcare services. Cell communication in the town of Estes Park suffers from poor coverage in many areas, and suffers from poor signal strength in those same, and other, areas. This often leads to delays in communication to physicians and other healthcare staff (lab, radiology, surgery, emergency department, others). The opportunity to upgrade should be accepted eagerly, and construction should occur as soon as possible to address some of these shortcomings. Connectivity through broadband, through radio, through traditional land-line phones, and through mobile devices is tremendously important to the work of Estes Park Health. Often, the need is critical and emergent. Every day, every night, we have substantial in-town communication traffic related to patient care, safety, wellness. In recent years and months, we’ve made forward progress on broadband in the Estes Valley. As part of this, and of high importance for its redundancy, great progress has been made providing alternate fiber paths into and out of Estes. This helps to provide failover options in the event of loss of one connection. These safety nets are critically important to EPH, and I believe to the Town of EP, the school system, the Y and most of our businesses. We need to bring the same urgency and attention to our cell service. Every one of our physicians, every one of our leaders, and all our staff members, rely on cell phones and other mobile devices for communication with EPH, other providers, our ambulance service, healthcare services outside of Estes, and others. We’ve struggled for years to have appropriate coverage and signal strength in Estes to serve our healthcare communication needs. We have had to resort to time-wasting and less effective technologies to supplement poor cell service. Obviously, this can result in patient safety challenges and becomes a matter of life or death in some circumstances. Page 2 of 4Special Letter to the Editor: In support of cell towers – Estes Park Trail-Gazette 3/18/2021https://www.eptrail.com/2021/03/16/special-letter-to-the-editor-in-support-of-cell-towers/ Page 97 Brought to you by Prairie Mountain Publishing I could provide many examples of the great value to EPH of strong cell signal throughout the Town of EP. Suffice to say that it’s of the highest importance to our work and to safe and high-quality patient care to have strong cell strength and coverage everywhere in town. Please let me know if there are other questions that I can answer to help support this cause. We certainly will plan to attend the public hearing on March 23. Please consider this our earnest and strong comment in favor of this additional tower, and others as Verizon determines necessary to provide proper coverage up here. Thanks for your consideration. Gary Hall Estes Park Health oxygen throughout your... many as... Page 3 of 4Special Letter to the Editor: In support of cell towers – Estes Park Trail-Gazette 3/18/2021https://www.eptrail.com/2021/03/16/special-letter-to-the-editor-in-support-of-cell-towers/ Page 98 Miracle Method... Northern Colorado. Families... news: The Shores at McIntosh... Page 4 of 4Special Letter to the Editor: In support of cell towers – Estes Park Trail-Gazette 3/18/2021https://www.eptrail.com/2021/03/16/special-letter-to-the-editor-in-support-of-cell-towers/ Page 99 Connecting our homes, businesses & communities. Page 100 Why are we expanding the wireless network? More people than ever before rely on wireless connections to manage their lives and businesses. Mobile data traffic per smartphone will rise from 7 GB per month in 2018 to 39 GB per month in 2024.1 of data per month are now wireless billion devices 61.3% of adults (nearly 154 million) and 70.3% of children (approximately 51 million) lived in households that did not have a landline telephon but did have at lease one wireless telephone.2 It is projected that there will be 31 billion connected devices by 2023.3 Verizon is expanding its wireless network to meet the growing demands of today and tomorrow. But it takes time. 1. Ericsson Mobility Report, June 2019 2. CDC's 2019 Wireless Substitution: Early Release of Estimates from the National Health Interview Survey, July-December 3. CTIA Infographics, January 2020 What it takes to keep families and businesses connected. How does wireless service work? Radio frequencies can carry signals from radios and televisions, to baby monitors, garage door openers,home Wi-Fi service, and cordless phones. Cell service uses these radio frequencies to wirelesslyconnect a mobile device with the nearest antenna. That antenna may be hidden in a church steeple, sitting on a rooftop, attached to a building façade or mounted on a freestanding tower structure. All are known generically as cell sites. From the cell site, the call or data session then travels through a high-speed connection to a network switching center where it is then directed to the recipient. This all happens in fractions of a second. The many types of wireless technologies include cellular and fixed wireless, or Wi-Fi. Cell site High-speed connection Switching center Recipient 39GB 61%31 Page 101 Different locations require different solutions. Verizon uses a balanced approach to engineering the best possible network given the local community’s needs. Traditional, or macro cell sites, are most often the best choice for meeting coverage and capacity needs. Macro sites are traditional cell sites or towers that provide coverage to a broad area, up to several miles. Small cells are just like the name implies – short range cell sites used to complement macro cell towers in a smaller geographic area ranging from a few hundred feet to upwards of 1,000 feet. These lower power antennas enhance capacity in high traffic areas, dense urban areas, suburban neighborhoods, and more. Small cells use small radios and a single antenna placed on existing structures including utility poles and street lights. Distributed Antenna Systems (DAS) are a group of antennas in outdoor or indoor locations that connect to a base station. DAS systems are typically used in large venues including stadiums and shopping centers. Staying ahead of demand. A wireless network is like a highway system… More wireless traffic needs more wireless facilities just like more vehicle traffic needs more lanes. •Many wireless users share each cell site and congestion may result when too many try to use it at the same time. •Wireless coverage may already exist in an area, but with data usage growth increasing exponentially each year, more capacity is needed. •To meet capacity demands, we need to add more wireless antennas closer to users and closer to other cell sites to provide the reliable service customers have come to expect from Verizon. In the United States, mobile data traffic will reach 5.7 exabytes per month by 2022 (the equivalent of 1 billion DVDs), up from 1.2 exabytes per month in 2017.* *Cisco VNI Mobile Forecast Highlights https://www.cisco.com/c/m/en_us/solutions/service-provider/forecast-highlights-mobile.html# Page 102 Finding the right location. To meet customer needs and expectations, wireless providers need the ability to expand and enhance their networks where users live, work, travel and play. Verizon gathers information from many sources including customer feedback, results of our own exhaustive network testing, and data from third parties. When an area for improvement is identified, utilizing our existing network is always our first effort. If that is not possible, we then look at adding a new site. Steps to finding a new site Our engineers analyze the areas that need improvement to figure out the ideal location based on customer needs, terrain and modeling results. Using existing structures is considered first. Network teams perform exhaustive searches in the area needing improvement to find a location that will meet our technical needs. We also look at interest from property owners. We pick a location that has the highest likelihood of meeting technical needs and works for the community. Guidelines for new sites We comply fully with all requirements for community notification and review, zoning and permitting. Potential antenna locations must meet all local, state and federal regulations. Verizon holds Federal Communications Commission (FCC) licenses for the frequencies utilized and we strictly follow their regulations. Wireless facilities and property values. Cell service in and around the home has emerged as a critical factor in home-buying decisions. National studies demonstrate that most home buyers value good cell service over many other factors including the proximity of schools when purchasing a home. More than 75% of prospective home buyers said a good cellular connection was important to them.1 75%83%90% The same study showed that 83% of Millennials (those born between 1982 and 2004) said cell service was the most important fact in purchasing a home. 90% of U.S. households use wireless service. Citizens need access to 911 and reverse 911 and wireless may be their only connection.2 1. RootMetrics/Money, The Surprising Thing Home Buyers Care About More than Schools, June 2, 2015 2. CTIA, June 2015 Page 103 Health and safety background. Health and safety organizations worldwide have studied potential health effects of RF emissions for decades, and studies continue. According to the FCC, measurements made near a typical 40 foot cell site have shown that groundlevel power densities are 100’s of times less than the FCC’s limits for safe exposure.The Federal Communications Commission (FCC) guidelines for operating wireless networks are based on the recommendations of federal health and safety agencies including: •The Environmental Protection Agency (EPA) •The Food and Drug Administration (FDA) •The National Institute for Occupational Safety and Health (NIOSH) •The Occupational Safety and Health Administration (OSHA) •The Institute of Electrical and Electronics Engineers (IEEE) •The National Council on Radiation Protection and Measurements (NCRP) Wireless technology, equipment and network operations are highly regulated. For more information go to: Federal Communications Commission: fcc.gov Food and Drug Administration: fda.gov World Health Organization: who.int American Cancer Society: cancer.org Hundreds of times less Page 104 Building a wireless network you can rely on in a crisis. The reliability of your cell phone is never more important than when crisis strikes. That’s when a simple call or text message can make the difference between life and death. We build reliability into every aspect of our wireless network to keep customers connected when you need it most. Reliability starts when we choose the safest, most secure locations for our wireless equipment. The likelihood of earthquakes, and risk from wildfires, mudslides, floods, hurricanes and more are all considered. When disaster strikes, we coordinate with first responders and can mobilize charging stations, special equipment, emergency vehicles and more to support local, state and federal agencies in all 50 states. 1. National Emergency Number Association, About and FAQ 2. EMS World, April 24, 2014 Wireless connectivity is critical in schools and communities. Wireless is a critical component in schools and for today’s students. learning apps are available for iPads. of iTunes top selling educational apps are designed for preschool and elementary students. school districts replaced text books with tablets in classrooms. of parents think tablets are beneficial to kids. of school administrators feel digital content increases student engagement. of teens use cellphones to help with homework. Source: CTIA’s Infographics Today’s Wireless Family, October, 2017 80% of 911 calls originate from a cell phone.180% 240 20k 72% 600 + 77% 74% 70% 240 million 911 calls are made annually. In many areas, 80% or more are from wireless devices.1 Page 105 Wireless is a critical component in today’s medical fields. Smart pill bottles and cases can help patients and their care-givers track medication usage, ensuring medications are taken on time and correctly. This supports increased medical compliance, provides more consistent care, and enables preventative care, keeping patients in their homes longer and reducing the number of emergency visits to the doctor’s office or hospital. Wireless connected glucose monitors, blood- pressure cuffs, and EKGs can track a patient’s vital signs and catch an issue before it turns into an emergency. Pace makers and sleep apnea monitors can be tracked remotely. Routine eye exams can be conducted with a wireless device connected to a smart phone, bringing solutions and services to low-income and remote areas that would otherwise go unsupported. Source: Verizon Innovation Center, February. 2018 Wireless is a critical component in today’s communities. Wireless smart city solutions are being used to track available parking and minimize pollution and wasted time. These same solutions are being used to track pedestrian and bike traffic to help planning and minimize accidents. Smart, wireless connected lighting enables cities to control lighting remotely, saving energy and reducing energy costs by 20%. 4G technology is utilized to track and plan vehicle deliveries to minimize travel, maximize efficiency, and minimize carbon footprint. 4G technology is also used to monitor building power usage down to the circuit level remotely, preventing energy waste and supporting predictive maintenance on machines and equipment. Wireless sensors placed in shipments are being used to track temperature-sensitive medications, equipment, and food. This is important for preventing the spread of food-borne diseases that kill 3,000 Americans each year. Source: Verizon Innovation Center, February. 2018 Page 106 Verizon is part of your community. Because we live and work there too. We believe technology can help solve our biggest social problems. We’re working with innovators, community leaders, non-profits, universities and our peers to address some of the unmet challenges in education, healthcare and energy management. Learn more about our corporate social responsibility at www.verizon.com. Page 107 Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ 3/22/2021 2:18 PM Resolution 17-21. Michelle Fanucchi For As a resident of Prospect Estates off of Peak View, I support the addition of the cell phone tower on the property at the corner of Peak View and Hwy 7. This side of the valley needs 3/21/2021 7:25 PM Resolution 17-21. Sarah Smith For I am writing with my support for the new cell tower to be placed near Peakview/Hwy 7. It is near impossible to make/receive calls when driving on Peakview. Living right near the dead 3/21/2021 3:57 PM Resolution 17-21. Steve Soliday For The area to be served by this tower has been in dire need of improved cell communications. It was noted at the last meeting that coverage is horrible through much of Carriage Hills. The catastrophic potential of this situation was made real to me during a first-aid emergency. I was in the neighborhood to be served by this cell tower (within two blocks of 3/20/2021 5:32 PM Resolution 17-21. Jeff Robbins For Dear Madam Mayor & Honorable Trustees, I urge to to approve the addition of the Verizon communication facility. Cellular reception in Public Comment Received by 03-22-2021 Page 108 Fwd: Monopine Public Comment Fri, Mar 19, 2021 at 2:35 PM To whom it may concern, Please find attached my written public comment for consideration at next Tuesday's town board meeting with respect to the proposed Monopine cell tower development. Please confirm receipt of this email. Best Regards, Anthony Goddard Fwd: Verizon Stealth Cell Tower Support Comments. Fri, Mar 19, 2021 at 4:20 PM Hi Randy and Jeff, After some discussion with Randy over the Verizon Tower at the corner of Peakview Dr. and Hwy 7, I would like to make the following comments; The Water Division would like to request positive support for the proposed Verizon Tower located in the vicinity of Hwy 7 and Peakview Dr. The Division would benefit from the installation of this tower in significant ways. First and foremost, we are getting ready to replace aging and outdated communication equipment in our SCADA system, the main redundancy in the system is cellular backup, this new tower location would improve the reliability of this system. Secondly, we have poor reception in many areas of the new Water Division facility at 1360 Brook Drive, this proposed tower should improve our communications at this location. Please let me know if you have questions or concerns. Chris Eshelman Water Superintendent, Town of Estes Park 970-577-3630 ceshelman@estes.org Letter to Town Board re: Action Item on March 23 - from Johanna Darden Bill J. Darden <bdarden@uchicago.edu> Mon, Mar 22, 2021 at 12:05 PM To: Mayor Koenig and Estes Park Board of Trustees From: Johanna Darden, 501 Mac Gregor Avenue, Estes Park, CO 80517 In re: Resolution 17-21 Special Review, "stealthy wireless communication facility" I listened to the presentation for this cell tower at the February 23, town board meeting. I could not believe the Town would approve placement of such a tower near so many homes. If the Town would not approve putting a cell tower on the golf course a few years ago, why approve the present requested location? At the last meeting it was mentioned that the people in Carriage Hills would benefit greatly from the presently considered location. If Carriage Hills residents would benefit, why cannot the cell tower go on the upper portion of the Carriage Hills property? It's just a bad idea to put a cell tower close to homes! I ask that you not approve this action item. Page 109 cell towers should not be put where people will be exposed wildlands <wildlands3@gmail.com> Mon, Mar 22, 2021 at 12:56 PM Dear Town Clerk: Can you please put this in the packet so Mayor and Town Trustees will see. Thank you. I do NOT support cell towers where people will be exposed. Susan Wolf Fwd: Additional Public comment re: monopine proposal. Mon, Mar 22, 2021 at 3:24 PM ---------- Forwarded message --------- From: 'Anthony Goddard' via Planning Forward <planforward@estes.org> Date: Mon, Mar 22, 2021 at 2:07 PM Additional Comment re: Proposed Monopine tower under consideration. (cc/ Gary Hall, Estes Park Health) Subsequent to my prior comments, and in light of additional public comments made around this proposal, I would like to also add the following comment for consideration. 1. Estes Park Health has written a letter to the editor in support of cell infrastructure in Estes, and they are right to do so. Cell infrastructure (particularly it seems Verizon’s) is lacking in areas of Estes Park. Three concerned citizens who live in the vicinity of Moreau Ln also provided their support of upgrading the infrastructure. The supplied Verizon documentation specifically shows that this tower will have no impact to their service. Moreau Ln is well served by AT&T, and if additional capacity is needed there, there are abundant locations on that side of town, in non-residential areas. The question is not whether Cell Service needs to be improved, it’s simply whether it needs to be done so in a manner that both adds insult to injury for value and amenity of properties who have already experienced the significant negative effects of the new housing development and which also simply foists the inconveniences associated onto lower income, high density residents who cannot yet even speak for themselves. Both facts can be true - better cell reception is needed, and it is wrong to pursue construction of this project as it stands today. 2. In 2017, the town already acknowledged concerns similar to those Mr. Hall raised in his special letter to the editor. On Town Letterhead and on Behalf of the Town of Estes Park, Mr Landkamer of the Town’s Public Works Department wrote “Some of our local emergency services use Verizon service for access to mobile data terminals in emergency response vehicles and better coverage in the Estes Valley is needed to improve this ability for adequate mobile communication”. In the same letter, Mr Landkamer, on behalf of the Town of Estes Park, that “we are in agreement with EPMGA and EVRPD, that this option [construction of a monopine cell tower] is not acceptable for our pristine golf course”. Why are we not simply re-considering the golf course, or any other location not in such close proximity to high density, lower income residents? Why is the “pristine nature of our golf course” more important than the vulnerable members of our community, be that our lower income neighbors, or those who need access to emergency services and cannot get it? To be crystal clear, when Mr. Landkamer stated that the town is “in agreement” with the EPMGA, he was agreeing with EPMGA’s assertion that, to quote from their letter to the town: “A cell phone tower will drastically detract from the beauty of the golf course” and “If the tower is not properly grounded to dissipate lightning strike energy, the higher frequency energy will travel on the surface of the earth for considerable distances as it spreads out. Such a tower or attached guy wire supports that are located within a few hundred feet of private or public property can represent a very serious personnel safety hazard. Patrons of the new barbecue restaurant walking across the parking lot could Page 110 get barbecued themselves!”. Why was the bar so low for the town to say “Not in my back yard” in 2017? How does the town justify that the (surely fictional) “risk” of “barbecuing” patrons of the golf course is somehow more important than our residents, emergency services and those seeking connections with critically important healthcare providers? 3. Verizon today (3/22) sent a mass text message to their subscribers in Estes Park, stating: ”Verizon Msg: To help us improve wireless voice and data service in your area, reply ‘YES’ to this message to show your support for a new wireless facility in southeast Estes Park near Highway 7 and Park View Drive. You may also add an optional message describing your support to town officials.” This mass-communication caused some degree of concern to residents over whether it was a legitimate communication or a scam. I’m unclear on what constitutes acceptable public comment in town meetings, and I’m not sure what utility this feedback has to Verizon in this application process. Verizon’s application states that “Verizon is part of your community. Because we live and work there too”. Well if they live here, they might know that the location specified in this text doesn’t exist in our town. There is no “Park View Drive”, however “Parkview Lane” is close to the area described by residents of Moreau Ln. Is this a typo, or an effort to gain wider support? On social media, some residents believe this to be a question about better cell service at the Y. The town only sends notices to residents within a certain range of the application, and when we’re asking questions about the abuse of the balance of power with the new housing authority residents unable to speak for themselves, what more egregious example is there than Verizon mass-communicating with residents who are nowhere near the site simply because they have the power to do so? Mr. Hall and EPH are right, as are the concerned residents of Moreau Ln. Verizon can and should build additional capacity if it wants to retain those customers, and there are few greater reasons than the need for our emergency responders and healthcare providers to have access to reliable communication. There are plentiful locations in Estes Park for them to build additional capacity. Directly adjacent to the new high-density residential apartment complex on questionably “accommodations” zoned land is not the place for this, it will not solve the concerns of many of the residents who have voiced their dissatisfaction with cell service, and it sets an awful precedent in light of the Town’s former “Not in my backyard” response to the golf course location. Respectfully, Anthony Page 111 Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ 3/23/2021 10:46 AM Resolution 17-21. Jacquelyn Reed Neutral The Town encourages Verizon other cell phone companies to place antennas on the existing tower located at the YMCA of the Rockies. There was an instance yesterday at Windcliff Estates where an ambulance was not able to locate the correct location of an emergency most likely do to lack of signal. I feel the west side of Town isn't as much of a concern as the center of Town 3/22/2021 2:18 PM Resolution 17-21. Michelle Fanucchi For As a resident of Prospect Estates off of Peak View, I support the addition of the cell phone tower on the property at the corner of Peak View and Hwy 7. This side of the valley needs additional cell phone coverage support. Many people rely on cell phones exclusively, and during the summer months, we often cannot even send text messages because of the large number of tourists using the capacity. Public Comment received by 12pm 03-23-2021 Page 112 Fwd: Special review: Monopine cell tower Tue, Mar 23, 2021 at 8:33 AM From: Dave Thomas <mexdavet@gmail.com> Date: Mon, Mar 22, 2021 at 9:50 PM Subject: Special review: Monopine cell tower To: <planning@estes.org> To the Town Board of Trustees: I am writing to express my personal objection to the "monopine" cell tower (fake tree) that is proposed by Powder River Development Services, LLC, to be constructed on property owned by Mountain View Bible Fellowship at 1575 South St. Vrain Avenue. My wife and I own our home at 1560 Axminster Lane, located directly west of the church property. As if it weren't enough to have the massive construction of 26 new workforce housing apartments on property near our home (a project that we support, given the tremendous need for workforce housing in our community), we are now faced with the view of a grotesque 75-foot tall cellular tower, masquerading as a fake pine tree. This monstrosity will be visible from our backyard, from our rear deck, from our kitchen window, from the sliding glass door into our dining room, from our master bathroom, and from one of our guest bedrooms. It will also be visible from the downstairs apartment which is occupied by a year-round renter. The unavoidable visibility is one issue, and we don't even know yet how it will affect our existing cellular phone service. I urge the Town Board to reject this proposal, on the grounds that such a gargantuan structure has no place in a residential neighborhood. Surely there are other potential locations for such a tower elsewhere in the Estes Park area. Each individual Trustee should ask himself/herself how they would like to have such an eyesore in their backyard. David Thomas 1560 Axminster Lane Page 113 533 Big Thompson Ave., Suite 103, Mail to: PO Box 2376, Estes Park, CO 80517 As the voice of business in the Estes Valley, when the town asks for the Chamber’s opinion on any subject concerning business, our role is to poll member businesses and report the results. We surveyed members on March 17 concerning the cell phone tower conversation and 26 members responded with 96.2% in favor of the addition of more cell sites based on Gary Hall’s appeal. Verbatim feedback to follow: Cell phone towers are NOT the visual plague they are made out to be. Once we "see them" we tend to NOT see them. There's nothing wrong with a stick in the air! Reliable cell reception is important for many reasons, some of the most important being stated in the letter from EP Health, which impacts both locals and visitors. There are many ways to camouflage towers now so that they do not detract from our natural scenery. In the interest of public service and better safety/emergency services it is a good idea. We need more coverage, especially since we are a tourist town and have visitors from around the world. Tourist do amazing and crazy things; and they need to be able to use their phones to call for help. I do know that just a few miles down 34 there is NO coverage. If they are a fake tree or on an existing commercial building There is poor cell coverage in numerous locations around town, and specifically along highway 7. Loads on the existing cell towers during the busy summer season often result in an inability to connect. The Town's capacity is stretched think during tourist season. I agree wholeheartedly with the points brought out in the letter. I agree wholeheartedly with the points Mr Hall brings up in his letter. I would point out that robust cell coverage, or lack there of, is an important consideration when potential visitors decide where to spend their vacation. Cell service is spotty downtown. Many guests complain about it and it is inconvenient for business as well Page 114 Thank you for the notification of the forthcoming town meeting and opportunity to provide additional comment regarding the proposed cell tower among our homes here on Tranquil Lane. I understand that written comments may be more suitable for the purposes of the additional actions the town has to undertake with respect to the planning process, so I’m thankful for the opportunity to provide comments and concerns in writing here. I trust that my previous comments (such as the well studied effect of cell tower proximity to property amenity/ value) made on the record during the first public hearing are still part of the record and as such I will not restate those here. 1. Misleading Application: The supplied “photosim” the town, is expected to use to judge the impact of the project is, as was stated in the last meeting, inaccurate and misleading in critically important ways: a)Since the photo sim was produced, the two large, high density residential buildings have been built on the site, placing the tower right amongst them: Outdated satellite image from public comment package, appearing to show a rather empty field Recent Google Earth image showing (approx) location next to new development (shaded red) Same site March 2021Photosim from town public comment package Page 115 b) The photosim is also misleading in that it hides a substantial part of the structure, making it appear more like a tree than the cell tower it is: Photosim supplied in town public hearing package Page 116 c) Here is a google image search showing a full “monopine” cell tower. It’s hard to know what the tower proposed among our homes will look like, it’s hard to know because half of it is literally missing from the application: d) Even if the proposed tower has more “fake tree” on it, then we can look to existing images of mono pine structures in our county. At a distance, these might look somewhat(?) like trees. Clearly to those nearby, they are just cell towers. This disguise is probably a great idea on a mountainside, but not next to homes. Coloradoan, Feb 10, 2019 Page 117 2.Noise Without public information specifying the exact location, estimating the distance from the tower to the new apartment buildings puts it at approximately 35ft from the residents. During the previous hearing, it was mentioned that the tower could constantly emit a “conversational level of noise”. I’m quite certain if someone was constantly having a conversation 35ft from my house, I would be able to hear it, and it would quickly become a nuisance. 3. Cell Performance It was mentioned during the discussion that Carriage Hills has poor reception. We shouldn’t conflate the need for cell reception with the need for this location. The applicant stated that the elevation of the golf course isn’t suitable now due to a 100ft elevation drop, but was suitable in 2017. The golf course elevation hasn’t changed since 2017. We don’t need a tower constructed outside each home in order to give us reliable cell reception, and we are lucky to live amongst hills with such a significant number of potential sites. If 100ft higher or lower are the tolerances required for these structures, there are plenty of hills to pick the exact elevation needed, without having to resort to a residential neighborhood. It was also mentioned that people prefer having great cell reception and therefore would be happy to have a cell tower next to their house, but again this conflates the two issues. Seen in this below screenshot, we get incredible cell performance from AT&T without having a cell tower next to our house. The Average US LTE data speed is between 17 and 30Mbps, as you can see we get between 5x and 9x this performance, better than many broadband internet services. Over 6x the FCC definition for broadband download speed. The AT&T tower is nowhere near our homes. 4. Incorrect Zoning My understanding is that the Code of Ordinances does not permit a non-concealed cell tower in residential zoned land, nor does it permit a concealed tower above 60ft. The proposed tower is 75ft. The application in question is a MS (minor special review). This applies to concealed cell towers below 80ft in ACCOMMODATIONS zoned property. The application states that this site is their only feasible location because “All other surrounding parcels are residential/estates, leaving the church as the best suitable location.”. It appears on the surface that this application is exploiting an incorrectly zoned property. The definition of “Accommodations” zoned property describes the following, none of which cover the church location: 1.Bed and Breakfast 2.Boarding/Rooming house 3.Hotel/Motel 4.RV park/campground 5.Resort Lodge/resort cabins 6.Short term rental (For perspective, Mary’s Lake lodge is zoned Accommodations) Page 118 Judging by the town’s GIS map, the surrounding area is among the highest density residentially zoned land on this side of town, notwithstanding the much higher density residential apartments being built directly adjacent to the tower. ‘Accommodations’ zoning at this site by definition is clearly inaccurate, and that inaccuracy shouldn’t be exploited to build this structure. If it is less desirable to build this tower on “residential/estates” zoned land, I don’t understand how this site could be anything but the least desirable location, owing to the significant residential density. 5. Housing Authority Development The location, timing and exploitation of the zoning issue all present what appears to be an effort to construct this tower without the consent of the very residents who will be most affected by this construction, the residents of the new housing development. When the town invites public comment on a development like this, it seems utterly unfair that those most affected will never have the opportunity to comment. They haven’t yet moved in - and very likely haven’t even been notified in any way of this development. According to the EPHA’s website: “The Estes Park Housing Authority provides a variety of housing options and services for qualified low-to-moderate-income households.”. By the very definition of this development, these are our residents who have the least choice when it comes to housing options in Estes, and it’s reprehensible that the town would allow these residents to be exploited by allowing a construction right on their doorstep to which they cannot object - either by their lack of alternative housing options or by the literal fact they are not part of this conversation. Those who hold the levers of power should ensure their power is not misused to exploit those without. If the town approves this proposal, that exploitation is precisely what will happen. Page 119 1 of 3 Verizon Wireless 15505 Sand Canyon Ave, Bldg. D Irvine, CA 92618 March 23, 2021 Board of Trustees Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Re: 242 Supporters for Verizon Wireless’ Proposed Facility Estes Park Dear Board of Trustees: I am a Manager in Verizon’s Consumer Sales Operations Group, and I oversee the network- related messages that are sent to Verizon Wireless customers. In connection with its proposed facility, Verizon Wireless arranged for a text message to be sent to customers with billing addresses within ZIP code 80517 in the Estes Park area. The entire text message sent reads as follows: Verizon Msg: To help us improve wireless voice and data service in your area, reply "Yes" to this message to show your support for a new wireless facility in southeast Estes Park near Highway 7 and Park* View Drive. You may also add an optional message describing your support to town officials. The text message above was sent on March 22, 2021. As of March 23, 2021, we have received 242 affirmative text message responses indicating support for the proposed facility and 2 respondents opposed. Text messages received confirm the need to provide improved Verizon Wireless service in Estes Park. Samples of the text messages received from Verizon Wireless customers appear on the attached page. I am available to verify the above information as you may require. Attachment Public Comment received by 5pm on 03-23-2021 Page 120 2 of 3 *The text message erroneously referred to the street name as Park View Drive instead of Peak View Drive. However, there is no Park View Drive that intersects with Highway 7 in southeast Estes Park. There is a Parkview Lane which intersects Stanley Circle farther north in Estes Park. We, nevertheless, believe that recipients understood the text message and that support exists for a Verizon Wireless macro facility in southeast Estes Park as proposed in the text message sent to certain residents of the Town of Estes Park yesterday. Sample Text Message Responses for Verizon Wireless’ Proposed Facility Estes Park Yes. Let's enter the modern world Yes. This would be very beneficial for my wife and I. We both work full time on a remote basis for nationwide companies Yes. Absolutely needed. No Yes. Yes! Yes!! We lived on Tranquil Lane until about a year ago Yes. Hopefully this will give us additional bandwidth to deal with the summer overload. Yes, please make sure it covers The Windcliff subdivision near the Ymca Yes, I support the new Verizon wireless facility in southeast Estes Park near highway 7 Yes, especially if this will help with reception in the ymca, windcliff area which has lots of dead area Yes!!!!!!!!! Yes!!! This would be very, very helpful. Yes!!! I live off MLR and need that coverage. YES! We need more coverage in Estes Park YES! This is an important need in our town! Yes yes yes yes yes yes Nooooooo!!!! Nooooooo tower close to people.... Page 121 3 of 3 Yes Those of us in the 'Shadow' of Prospect really need a better cell signal. I need it for a pace maker home monitoring device. Yes please! Our data threshold is often reached during peak summer times, making it impossible to use the data we pay for. Yes My area on the west side of Estes Park has signal problems often too. We need cell infrastructure on both sides of town, not just the SE. YES I live at 2327 St. Hwy. 66. My home is a dead zone. No cell coverage at all. It is like living in a 3rd world country. Page 122 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1.MAYOR. The next order of business will be the public hearing on ACTION ITEM 1. ORDINANCE 04-21 AMENDING TITLE 10 OF THE ESTES PARK MUNICIPAL CODE PERTAINING TO VEHICLES AND TRAFFIC.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report. 3.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Request Board consider a motion. 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. Page 123 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Resolutions are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 124 PUBLIC WORKS Memo To: Honorable Mayor Wendy Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, CAPP, Parking & Transit Manager Greg Muhonen, PE, Public Works Director Date: March 23, 2021 RE: Ordinance 04-21 Amending Title 10 of the Estes Park Municipal Code on Vehicles and Traffic PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: QUASI-JUDICIAL YES NO Objective: Ordinance 04-21 amends Title 10 of the Estes Park Municipal Code (EPMC) pertaining to the enforcement of parking regulations in public parking lots and street rights of way. Present Situation: At the Town Board Study Session on February 9, 2021, Public Works staff proposed the following amendments to Chapter 10 of the EPMC: 1.Provide the Town’s Parking Division (and/or its designated independent contractor) with the authority to immobilize vehicles; 2.Provide the Town’s Parking Division (and/or its designated independent contractor) with the authority to tow vehicles; 3.Codify the informal courtesy/practice of providing unrestricted free parking to persons with disabilities and Disabled Veterans who display valid placards; and 4.Provide accommodation for free motorcycle parking in designated motorcycle parking spaces within the seasonal paid parking areas. These amendments were developed in partnership with the Town’s professional parking operator, The Car Park, Town Attorney’s office and the Estes Park Police Department. Proposal: The attached ordinance amends Title 10 of the EPMC on Vehicles and Traffic. Page 125 Advantages: •The proposed code updates will provide staff with additional tools to effectively manage the Town’s limited public parking assets, while also providing better access to parking areas for a greater number of parking customers. •Additional penalties for repeated parking offenses, including temporary loss of the use of one’s vehicle, will likely encourage payment of outstanding citations and/or changes in behavior. Disadvantages: •More visible parking enforcement strategies (e.g., immobilization) can contribute to negative perceptions about community; however, staff contend that any short- term negative impact would be outweighed by the resulting positive change in behavior. •Parking enforcement is often seen as negative and punitive; however, it is a necessary regulatory function to manage a limited asset that has direct impact on the economic vitality of the downtown business district. Action Recommended: Public Works staff recommend adoption of Ordinance 04-21 amending Title 10 of the Estes Park Municipal Code on Vehicles and Traffic. Finance/Resource Impact: Funds for implementing use of immobilization are estimated to be approximately $2,720 in year one (2021) with ongoing annual costs of $420. The authority to tow will require signage on all lots with contact information for the selected tow company. The estimated cost for signage is $1,500-$3,000 in year one with minimal ongoing maintenance/replacement costs. In total, Public Works staff estimate additional expenses of $4,220 – 5,720 in year one (2021) with ongoing annual expense of $420. The expenses would be covered within the existing Parking Fund budget. No additional budget allocation or General Fund support is requested. Level of Public Interest Staff expects a moderate to high level of public interest in any item related to the parking. Staff presented the recommendations included in this Report to the Transportation Advisory Board at their January 18, 2021 meeting. Sample Motion: I move for the approval/denial of Ordinance 04-21. Attachments: 1. Ordinance 04-21 Amending Title 10 of the Estes Park Municipal Code (EPMC) Page 126 ORDINANCE NO. 04-21 AN ORDINANCE AMENDING TITLE 10 OF THE ESTES PARK MUNICIPAL CODE ON VEHICLES AND TRAFFIC WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Estes Park Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Sections 10.20.030, 10.20.040, 10.20.050, and 10.20.060 are hereby added to the Estes Park Municipal Code, to read as follows: 10.20.030 - Multiple Overdue Parking Citation List (a)As frequently as practicable, the Parking and Transit Manager or designee (“Manager”) shall prepare and update a list consisting of vehicles involved in three or more overdue parking citations. An overdue parking citation is a citation for a parking violation that has not been paid within 15 days of the issuance of the citation. This list shall be known as the multiple overdue list. (b)The Manager shall give notice by first class mail to the registered owner of each vehicle on the multiple overdue list (a “multiple overdue notice”), stating that the vehicle is on the multiple overdue list and: (1)The date and the nature of each citation overdue and the amount due on each; (2)The total amount currently due; (3)A specific deadline for response, no less than ten days after the date of mailing; (4)That the owner shall, by said deadline, respond to the notice. Response shall be by paying the total amount due or by arranging with the Manager for contesting the charges, fees and amounts due as described in section 10.20.060; (5)That if the vehicle owner fails to respond within the prescribed time period, the listed vehicle will be subject to immediate immobilization or impoundment. (6)That an immobilization or impoundment fee, if any is applicable, may be imposed upon the vehicle immobilized or impounded to cover administrative costs; (7)That if the vehicle is impounded, the owner will also be required to pay the costs of towing and storage. ATTACHMENT 1 Page 127 (c)This notice is sufficient if mailed to the address provided by a government vehicle registration office. If the Manager is unable, after exercising due diligence, to discover any mailing address, then notice is sufficient if it is published once in a newspaper of general circulation in the Town, posted on the vehicle, personally served on the vehicle owner or driver, or provided by any other means that provides due process. (d)If the date for response to the multiple overdue notice specified above passes without payment of the fines and fees, and without proper request to contest the inclusion of the vehicle on the multiple overdue list as described in section 10.20.060, such vehicle may be immobilized. (e)If the owner or an agent of the owner pays the fines and fees, including any administrative costs and any towing and storage charges assessed, the Manager shall remove such vehicle from the multiple overdue list and release it from immobilization or impoundment. If any parking citation not included on the multiple overdue list for the vehicle becomes overdue before the owner or agent pays the assessed amounts, such subsequent citations shall also be paid before the vehicle is removed from the multiple overdue list or released from immobilization or impoundment. (f)This section does not apply to bicycles. 10.20.040 - Immobilization (a)At the discretion of the Manager, any vehicle on the multiple overdue list may be immobilized by means of an immobilization device, including but not limited to a device known as a Barnacle which obscures the windshield of the vehicle. (b)The person installing the immobilization device shall attach to such vehicle a notice advising the owner that such vehicle has been immobilized by the Town for failure to pay or contest multiple overdue parking citations, that release of the device may be obtained by paying the fines and fees due, that unless such payments are made, the vehicle will be impounded, and that it is unlawful for any person to remove or attempt to remove the device, to damage the device or to move the vehicle with the device attached. The notice or the device itself shall instruct the owner as to how to properly pay all amounts due, remove the device thereupon, and return the device, as applicable. (c)The Town or its agents or contractors may assess a fee to cover the administrative costs of the immobilization. (d)It is unlawful for any person to: Page 128 (1)remove or attempt to remove the device, except after full payment and pursuant to instructions in the notice or on the device; (2)damage the device; (3)fail to return the device as instructed upon its removal; or (4)move the vehicle with the device attached, except to impound the vehicle as directed by the Town. (e)No parking restriction otherwise applicable to the vehicle applies while the vehicle is immobilized under the provisions of this section. 10.20.050 - Impoundment The Manager may request the Police Department direct the prompt towing and impoundment of any vehicle immobilized under this chapter that is subject to impoundment under applicable law. Such vehicles shall include, but not be limited to, those which have been left unattended on public property, including any portion of a highway right-of-way, within the limits of the town, for a period of forty-eight hours or longer. Such vehicles may be towed, impounded and disposed of in accordance with the provisions of state law. Neither the Town nor its employees or agents shall be liable for any damage to such vehicle occasioned by such removal. 10.20.060 - Hearing to contest immobilization or impoundment (a)The owner of a vehicle subject to immobilization, and subsequent impoundment, under the provisions of this chapter, shall be entitled to contest the vehicle’s inclusion on the multiple overdue list at an administrative hearing. The owner must request such a hearing in the form and manner described in the multiple overdue notice. (b)If the owner requests a hearing, the Manager or the Manager’s designee, or, should the Manager so decide, the Municipal Judge, shall act as the hearing officer, and shall conduct the hearing in a manner that comports with due process. (c)At the hearing, the hearing officer shall determine whether the vehicle was properly placed on the multiple overdue list and subject to immobilization and impoundment, as applicable. The owner may dispute any of the underlying parking citations that have not reached judgment or default judgment in a court of competent jurisdiction. The owner may dispute that notice of any of the underlying parking citations was properly given. (d)This hearing is available to an owner prior to or subsequent to immobilization or impoundment. The hearing officer need not re-adjudicate any issue resolved Page 129 at a previous hearing involving the vehicle, or which could have been resolved at such a hearing that previously occurred, but shall make determinations as to any new issues which have arisen under this chapter. (e)If the hearing officer finds that the vehicle was properly included on the multiple overdue list, all applicable fees shall apply against the owner in order to release the vehicle from immobilization or impoundment, and the vehicle shall remain subject to immobilization and impoundment. If the hearing officer does not so find, the hearing officer shall order the vehicle released immediately to the person entitled to possession and the Town shall bear the costs of immobilization and impoundment; provided that fines and fees may still apply for the underlying parking violations, and any unpaid violations may yet give rise to the vehicle’s future inclusion on the multiple overdue list. Section 2: Section 10.06.020 of the Estes Park Municipal Code is hereby amended by the addition of underlined material and the deletion of stricken material as follows: 10.06.20 - Restriction on parking in paid parking areas. (a)No person may park a vehicle in any parking space designated by the Town as a paid parking space without first paying the required fees for the amount of time the vehicle will be parked. Payment of fees must be made in the manner designated by the Manager. (b)Vehicles displaying valid Americans with Disabilities Act (ADA) placards or Disabled Veterans (DV) license plates are exempt from paying fees for parking in paid parking spaces designated under this section. (c)Motorcycles parking in marked motorcycle parking spaces are exempt from fees for paid parking. Motorcycles parking in any other paid parking space are required to pay the fees designated under this chapter. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2021. Page 130 TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2021 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2021, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 131 Page 132