To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Donna Ferguson, Senior Planner, Development Services
Title
Ordinance Approving a Lease Agreement Between the Town of Castle Rock and Eco-Site LLC for a Personal Wireless Service Facility to be Located Within Quarry Mesa Open Space
Body
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PUBLIC HEARING
The Town Council will now consider a request for the approval of Ordinance Approving a Lease Agreement Between the Town of Castle Rock and Eco-Site LLC for a Personal Wireless Service Facility to be Located within Quarry Mesa Open Space
In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.
It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing.
Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.
Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?
The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:
Staff Report: as needed
Applicant Presentation: as needed
Public Comment: as needed
Applicant Response as needed
Council Questions: as needed
Follow-up Questions: as needed
Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).
Mr. Detweiler, the staff introduction please
(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)
Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action?
I now close the public hearing and refer this to Council for discussion and action.
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
Through: Bill Detweiler, Director, Development Services
From: Donna Ferguson, Senior Planner, Development Services
Title: Ordinance Approving a Lease Agreement Between the Town of Castle Rock and Eco-Site LLC for a Wireless Communication Facility for a Personal Wireless Service Facility to be Located Within Quarry Mesa Open Space
Executive Summary
Upon the approval of a Wireless Use by Special Review-SDP application for Quarry Mesa Open Space, Eco-Site LLC will be required to enter into a lease agreement with the Town. Eco-Site, a tower operator, is requesting to lease from the Town a 2,100 square foot area of land in order to construct a cell tower which they would then lease to T-Mobile and other wireless service providers. The lease agreement proposes a 25 year term with a $24,000 per year rent.
Discussion
Eco-Site LLC, a company which builds, owns and operates towers across the United States, is requesting to lease from the Town a 70’ x 30’ portion of land on the corner of a parcel which lies on the edge of the mesa (Figure 1) in order to construct a stealth cell tower which they would then lease to T-Mobile and at least one other wireless service provider. The lease agreement proposes an initial term of five years with automatic renewals of four additional five year terms for a total of 25 years. The proposed rent is $2,000 per month payable on the first day of the month for a total rent of $24,000 per year or $600,000 over the 25 year term. Eco-Site may terminate the lease at the end of a term upon written notice to the Town at least three months prior to the end of such term.
Budget Impact
The Town will collect rent in the amount of $2,000 per month ($24,000 yearly) per the terms of the Quarry Mesa lease agreement.
Staff Recommendation
Staff recommends approval of the ordinance authorizing the lease agreement upon the approval of the Wireless Use by Special Review-SDP application for Quarry Mesa Open Space.
Proposed Motion
Upon approval of the Wireless Use by Special Review SDP application for Quarry Mesa Open Space:
I move to approve the Ordinance as introduced by title on first reading.
Upon denial of the Wireless Use by Special Review SDP application for Quarry Mesa Open Space:
I move to table the Ordinance indefinitely.
Attachments
Attachment A: Ordinance
Exhibit 1: Lease Agreement