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HomeMy WebLinkAbout2008 TURNBERRY RD WTF - PDP160018 - CORRESPONDENCE - SUPPLEMENTAL INFORMATIONPage 3 of 3 12/6/17 PDF titled: 2017 11 28 Ltr C Hendrickson to Fort Collins Planning Department (Sherman & Howard This Supplemental letter from counsel to Verizon Wireless addressed four main points. 1. The APU Application Meets All Requirements of the Land Use Code 2. The CMS Letter Imposes Requirements Not Found in the Land Use Code 3. The City Failed to Provide a Notice of Incomplete Application Within the Time Frame Required by the "Shot Clock" Ruling. 4. The Federal Telecommunications Act Mandates Approval of the Application The first two points relate to the requirements of the Land Use Code. The City of Fort Collins have agreed to address any Land Use Code concerns and has not included or requested from CMS to review Code comments. The last two points are not applicable until Verizon Wireless formally is included as an applicant for this project. Currently Atlas Tower 1, LLC is listed as the applicant. We find the application materials reviewed by CMS to be incomplete and the documentation that has been provided does not justify this facility at this time. Before we can make a final recommendation to the City on this application these items must be addressed. Should the applicant be willing to provide additional application material, we strongly recommend a conference call with the applicant's individual(s) that will be providing the information to review the items needed in order to assure that the next submittal is complete and contains all of the information needed for the city to make an informed decision on this application. Please contact Bob Naumann at (402) 850-3424 if you have any questions. ?iny, f . Comi CMS Cc: Robert A. Naumann CMS (via e-mail) Page 2 of 3 12/6/ 17 4. The Atlas Tower narrative dated August 22. 2017 states "Atlas Tower will not be installing any radio frequency emitting equipment on the tower, but will ensure that any carrier installing on the tower will follow all applicable local, State, and Federal interference regulations." 5. The Atlas Tower Planning Drawings Rev I dated 6/30/17 and the Utility Plans Rev G dated 3/3/17 list Atlas Tower 1, LLC as the applicant and provided only Atlas contact information with no reference to Verizon as a co -applicant or any contact information for Verizon. 6. The Planning and Utility Drawings do indicate proposed locations for Verizon equipment but label these construction details as by Verizon which clearly documents that Verizon will provide separate plans for these details which are not included in these plans. No Verizon specific details, generator, grounding, cabling, radio equipment and antenna specifications are included in these plans. 7. The letter from Sherman & Howard objected to technical issues in the original CMS report however, they did not object to the original CMS report stating that the applicant, Atlas Tower 1, LLC, is not a provider of personal wireless services. They also did not affirm that Verizon is a co -applicant for this application. Based on the 7 items listed above in CMS's opinion Verizon should not be considered an applicant until Verizon provides documentation to the City confirming they are committed to improving wireless services in this location. Atlas Tower 1. LLC is not a provider of personal wireless services Issue 2. Supplemental RF information required. Atlas Tower states in their letter. "the information previously provided in the narrative, RF letter, and coverage maps was already of sufficient detail to address the coverage and capacity issues that exist at the proposed site location and coverage area. However we have provided some additional RF materials with this response in a good faith effort to further demonstrate the need for the facility. The enclosed RF coverage maps show the gap in coverage and capacity even with the existing neighboring sites." The original CMS report documents the unresolved and incomplete documentation / detail from the Atlas narrative. This supplemental submittal by Atlas Tower has not provided any additional information to respond to the incomplete information needed for the City of Fort Collins to make an informed decision. In addition the additional RF materials Atlas said was included with their response was thumbnail size images that become blurry upon enlarging. making them impossible to read and understand. Therefore the only additional material was not legible. CMS requested these to be provided in large detail but as of this writing nothing has been provided. It should be noted that documentation required to illustrate coverage gaps and capacity issues are different as they represent two separate concerns. The original CMS report documents numerous deficiencies that need to be corrected by Verizon, assuming they will become an applicant, in order to prove the coverage gap and capacity issues for this location. Without a clear understanding of the coverage gap it is impossible to determine if the proposed silo is the least intrusive solution to a purported gap that has not been defined. Issue 3: Alternative site considerations. Atlas Tower included a response to the three alternatives discussed in the original CMS report. The original CMS report comments remain valid. No relevant supplementary information was included in the latest Atlas Tower supplemental narrative. (518)439-3079 December 6, 2017 Clay Frickey Fort Collins Planning 281 North College, Fort Collins, CO 80524 nnw CMS CENTER FOR MUNICIPAL SOLUTIONS 70 CAMBRIDGE DRIVE GLENMONT, NEW YORK 12077 ECEIVE DEC 12 2017 FAX (SakA7$-0909 _ (via regular mail and e-mail) Re: CMS Supplemental Report - Fort Collins CO Atlas Tower 2008 Turnberry Road Dear Mr. Frickey, We have reviewed the supplemental materials submitted by Atlas Tower for the above referenced application relating to the conditions of the approval of a Special Use Permit. This review includes two documents: PDF titled: Long Pond Response Narrative 11.27.17 (Atlas Tower) PDF titled: 2017 11 28 Ltr C Hendrickson to Fort Collins Planning Department (Sherman & Howard) Our original review included the following three documents: City of Fort Collins Development Review: Application Form dated 5/25/16 PDF Attachment 2: Atlas Tower Supplementary Narrative - Long Pond dated August 22, 2017 PDF Attachment 3: Atlas Tower Zoning Construction Drawings Rev I dated 6/30/17. PDF titled: Long Pond Response Narrative 11.27.17 (Atlas Tower) This Supplemental Narrative addressed three main points identified by CMS in the original CMS review. • Issue 1: This application is not for a provider of personal wireless services. • Issue 2: Supplemental RF information required. • Issue 3: Alternative site considerations. Issue 1: This application is not for a provider of personal wireless services. The Atlas tower PDF states that Atlas and Verizon are co -applicants on this application. They added statements that Verizon's equipment is shown in the Zoning Drawings, Verizon is referenced numerous times in the narrative, submitted materials on Verizon letterhead including RF materials, Text Campaign results and other site specific information. CMS reviewed these items and reference the following documentation from Atlas Tower's application materials. 1. City of Fort Collins Development Review Application Form lists Atlas Tower 1, LLC as the applicant with no reference to Verizon as a co -applicant. 2. The Atlas Tower cover page dated August 22, 2017 lists Atlas Tower 1, LLC as the applicant with no reference to Verizon as a co -applicant. 3. The Atlas Tower narrative dated August 22, 2017 states the Purpose of this request is "to build a telecommunications tower".