To: Board of County Commissioners
Through: Ceila Rethamel, Acting Director, Public Works and Development
Prepared By:
prepared
Ernie Rose, Senior Planner, Public Works and Development
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presenter
Presenter: Ernie Rose, Senior Planner, Public Works and Development
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Subject:
title
Planning Case No. LDC26-002 - Development Application Manual Amendment Related to Wireless Communication Facilities and Proposed Fee for Eligible Facilities Requests and Fee Schedule Update
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Purpose and Request:
recommended action
Staff is proposing an amendment to the Development Application Manual (DAM) to address Wireless Communication Facilities (WCF), previously known as Commercial Mobile Radio Service (CMRS). This amendment to the DAM would be in alignment with recently adopted changes by the BOCC to the Land Development Code (LDC). In conjunction with this amendment, a new fee is proposed for Eligible Facilities Requests which requires a Fee Schedule Update.
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Alignment with Strategic Plan: Good Governance - Understand and respond to community needs, interests, and values.
Background and Discussion: In September 2025, the Board of County Commissioners (BOCC) approved an amendment to the Land Development Code (LDC), related to wireless communication facilities on private property. Wireless communications facilities include cell towers, base stations, and related equipment. Other forms of wireless communication include, but are not limited to, satellite, infrared, Wi-Fi, Wireless Broadband (Cellular Networks 3G,4G,5G), and mobile communication systems, all of which allow for the transmission of data without the need for physical wires. This code amendment renamed the land use category from CMRS (Commercial Mobile Radio Systems) to WCF (Wireless Communication Facilities). The WCF section of the code was reorganized and revised to simplify and modernize it, ensuring compliance with federal and state laws and current telecommunications industry standards and providing a general cross-reference to these standards. Now that the LDC has been amended, staff proposes to amend the corresponding Development Application Manual to ensure that required application documents and processes are in alignment with the recently adopted code changes.
The DAM has been adopted by the BOCC as a supplement to the LDC. The manual is incorporated into, and forms part of, the LDC, and it must be amended to ensure its submission process aligns with the 2025 WCF code update by the BOCC, following the recommendation of the PWD Director or the Planning Commission.
The proposed DAM amendment redefines the CMRS application type as WCF and introduces new deadlines for staff review based on federal timing requirements (Shot Clock). It includes a new process for the Eligible Facility Request (EFR) that covers fees, streamlined submittal requirements, and ends with an EFR determination letter. An Eligible Facility is defined as an existing wireless tower or base station that may be modified if it meets certain criteria as defined by the FCC. Processes in the DAM amendment are renamed to "WCF Eligible Facility Request" and "Non-Eligible on Private Property". Modifications to existing facilities that do not meet the FCC criteria are considered “Non-Eligible”. Workflow diagrams for both Eligible and Non-Eligible Facilities have been updated, with detailed charts illustrating the changes. The amendment establishes shot clocks of 30, 60, 90, and 150 days, depending on the application type. Fees for Non-Eligible Facilities are specified, and provisions for WCF in Public-Right-of-Way are addressed.
Finally, with the implementation of the new EFR process, staff have determined that a fee for this service should be reviewed. There is currently no fee established for the processing of EFR applications, and staff have processed approximately six applications through May 1. Staff reached out to several jurisdictions while researching a fee for an EFR Determination Letter, and the average EFR Determination Letter was $380.00
The Planning Staff EFR review process involves accepting EFR documentation, researching previous case data, and preparing an EFR determination letter. This usually takes around 5 hours, with approximately 4 hours by the Planner and 1 hour by the Planner Technician. The Hourly Billable Rates for the staff are set by the Support Services Division, based on the average salaries of the employees involved.
Planner: 133.17 fully loaded hourly rate = 4 hrs. $532.68
Planning Tech 112.94 fully loaded hourly rate= 1hrs $112.94 TOTAL: $645.62
Recommended Fee $645
Currently, the fees for (non-eligible facility) WCFs on private property and within county rights-of-way are maintained at $1,500.
A study session with the BOCC on May 12, 2026, during which the BOCC instructed staff to submit the code amendment for Planning Commission review. The BOCC concurred with staff’s proposed fee for Eligible Facilities request.
On July 7, 2026, a Public Hearing for the DAM amendment and proposed fee was held before the Planning Commission. No members of the public requested to speak on the issue. The Planning Commission (PC) voted 6-0 to forward a recommendation of approval to the BOCC. Attached are the draft Minutes from the July 7, 2026, Planning Commission meeting.
Alternatives: The BOCC has the following alternatives:
1. Approve the proposed Development Application Manual (DAM) Amendment and Eligible Facilities Request Fee;
2. Deny approval of the proposed Development Application Manual (DAM) Amendment and Eligible Facilities Request Fee;
3. Continue this public hearing to a date certain to obtain additional information from staff.
Fiscal Impact: Staff anticipates 10 to 15 Eligible Facilities Request (EFR) applications annually.
Alignment with Strategic Implementation Strategies: The attached framework helps Arapahoe County institutionalize values-based, transparent decision-making, documenting how we make decisions and carry out actions to achieve the county’s strategic plan.
Staff Recommendation: Planning staff collaborated with county personnel, Clarion Associates, and wireless providers, and solicited public comments to formulate the LDC amendment and the subsequent DAM amendment. They incorporated revisions resulting from this collaboration and recommended approval of the amendment as proposed.
Concurrence: The Public Works and Development Department coordinated the LDC modifications with the County Attorney’s Office, Clarion Associates, and several wireless providers. This amendment to the DAM is consistent with the previously approved LDC Amendment. On July 7, 2026, the Planning Commission supported adding WCF standards to the DAM along with a fee for Eligible Facilities Requests and recommended approval to the BOCC with a vote of 6-0.