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Planning Commission recommends fee and process for Wireless Communication EFRs; $645 proposed
Summary
The commission recommended approval of LDC26-002, which transitions CMRS language to Wireless Communication Facilities (WCF), establishes an Eligible Facility Request (EFR) process and recommends an EFR fee of $645 to cover staff processing and an EFR determination letter.
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Planning staff presented an amendment to the Development Application Manual (LDC26-002) to reflect the county’s code change renaming CMRS to Wireless Communication Facilities (WCF) and to add an Eligible Facility Request (EFR) process, flowchart and fees. Staff said the proposed EFR procedure establishes review criteria, a shot clock for determinations and a recommended fee to cover staff processing and issuance of an EFR determination letter.
The staff presentation noted staff experience processing EFRs under the recently adopted code and explained the proposed fee; staff stated, “The recommended fee is $645.” Commissioners asked why fees vary between jurisdictions; the county attorney reminded the commission that fees are constrained by the Taxpayers Bill of Rights (TABOR) and that fees exceeding actual processing cost risk being treated as taxes. The discussion focused on balancing reasonable recovery of processing costs with legal constraints.
There was no public comment on the amendment. Commissioner Latsis moved and Commissioner Howe seconded a recommendation to approve the Development Application Manual amendment as presented; the motion passed 6-0 with one commissioner absent and excused. The recommendation will be forwarded to the Board of County Commissioners for a public hearing on the DAM amendment and fee schedule.
