To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works & Development
Prepared By:
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Jason Reynolds, Planning Division Manager, PWD
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presenter
Presenter: Jason Reynolds, Planning Division Manager, PWD
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Subject:
title
1:30 PM *CMRS25-002 Verizon Geneva Eligible Facilities Request at Lakeview Park Appeal
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Purpose and Request:
recommended action
On March 28, 2025, Crown Castle submitted an Eligible Facilities Request for a minor modification to an existing flagpole wireless antenna structure located in Lakeview Park (11700 E Orchard Road). The application proposed increasing the existing structure’s height by 20 feet and widening the structure to accommodate the additional height. On July 30, 2025, the Planning Division Manager denied the application, based on the findings in the attached letter. Per 5-3.8.A.1.e.ii of the Land Development Code, the Planning Division Manager’s decision may be appealed by an applicant if submitted in writing within 10 working days of the decision. On August 13, 2025, PWD received a timely appeal letter from Davis Graham law firm, representing the applicant. Per the Land Development Code, “[s]uch appeal may be taken to the Board of County Commissioners for consideration and decision.” Staff is seeking direction from the Board on whether to schedule the appeal at a Board Business Meeting.
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Alignment with Strategic Plan: Good Governance - Deliver mandated and essential services with excellence.
Background and Discussion: Crown Castle submitted an eligible facilities request Commercial Mobile Radio Service (CMRS) application on March 30, 2025, proposing modifications to an existing concealed wireless facility in Lakeview Park (Case CMRS25-002). Arapahoe County notified residents within 1,000 feet of Lakeview Park, accepted website public comments, and held a neighborhood meeting regarding the proposal on May 28, 2025. Of 71 website comments, 40 were in favor of the proposal.
Section 6409(a) of the Spectrum Act describes the types of modifications that constitute minor modifications. Based on a review of those standards, which are described in more detail in the attachments, staff concluded that the proposed changes constitute a substantial change consistent with the Spectrum Act and therefore is not an eligible facility subject to review under Section 6409(a). Based on that conclusion, the eligible facilities request was denied.
Alternatives: The Board of County Commissioners has two options:
1. Direct staff to schedule an appeal - If a majority of the Board chooses, staff will schedule a publicly-noticed appeal before the Board of County Commissioners.
2. Do not schedule an appeal - If the Board chooses not to hold an appeal, the staff denial would be final action by the County.
Fiscal Impact: n/a
Alignment with Strategic Implementation Strategies: N/A - this is part of a quasi-judicial application.
Staff Recommendation: Staff is seeking direction on whether to schedule an appeal hearing.
Concurrence: N/A