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HomeMy WebLinkAbout20121109.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION • FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number J_ Z L -S 1 - -�S1- 5 (12 digit number-found on Tax I.D..,infor?iation,obtainable at the Weld County Assessor's Office,orwww.co.weld co.us) 4' Legal Description A SEE 1TAc f-1 , Section 3) Township 3 North, Range ( Vest Zone District: A ,..T// Al-,Acreage: d Flood Plain:Zcui 'C::Geological Geological Hazard: N)4' . /y'Airport Overlay District: JIIi FEE OWNER(S)OF THE PROPERTY: Name: / LL C LEVEL L �) Ctrl�tC��iGA (IG,'JS Work Phone# (740) d&6./a.'._t-tome Phone# 41/44 Email Address: 1v45 ttD C'.C AAU i3c_VA Address: City/State/Zip Code 'Br'r >M Ft ELI> , Co boo Z Name: Work Phone# Home Phone# Email Address: Address: City/State/Zip Code Name: • Work Phone# Home Phone# Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AG ENT (See Below:Authorization/iz must accompany applications signed by Authorized Agent) Name: L��e4Cb 4. Mot pc, ( J�1�y , !. g. / J4/flee/es, 111/5%,-3,-1 GLC Work Phone# Home Phone#` Email CA/1A 02 Wi2ELtss Address: pc). LCx i IC7o Address: City/State/Zip Code /1/4.) r /kJ C.- ZS€ O'7 PROPOSED USE: kJ'CC. GSS fivec,nl,0-7 CA(co ra /54 C1C I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating at the signatory has to legal authority to sign for the corporation. OVV IL,r or Authorized Agent Date Signature: Owner or Authorized Agent Date • EXHIBIT L 2012-1109 (JSQI//-ttia • IRELESS L.L.C. �r ISION �; If • P.O. Box 1100, Boone, North Carolina 28607 OFF: (828)297-3333 FAX: (828) 297-9696 Site Development Services LEGAL DESCRIPTION Lot A Recorded Exemption No. 1211-31-1-RE2519, being a part of the NE 1/4 of Section 31, Township 3 North, Range 66 West of the 6th P.M., Weld County, Colorado, per recorded map September 28, 1999, under Reception No. 2723284. • • • ^ n _ ZONING AUTHORIZATION I, JQ`�-�, I l d , Vice President of Real Estate for Level 3 Communications, LLC, hereby authorize 52 Eighty, LLC as an authorized agent of owner to file an application for zoning development on Parcel # 12131000053 located in Weld County Colorado. This authorization is limited to this Parcel and this zoning matter. W RE(E be the agent filing on behalf of 52 Eighty (Applicant) and Level 3 Communications, LLC (Owner). AFFIDAVIT VERIFYING COMPANY SIGNING AUTHORITY I CERTIFY that on 7th day of September, 2011, JQSJf Recto of Level 3 Communications, LLC, MAKE OATH AND SAY: 1. That I am an officer or director of Level 3 Communications, LLC named in the within or annexed instrument. 2. I am authorized by the Company to execute the instrument without affixing a • corporate seal. SIGNED: ELSIE H. O'DV`✓J/ER ti ?Notary Public / r� NOTARY PUBLIC ti STATE OF COLORAI:;O ti y Commission Expires: /a ,j/4�• 521MEIGHTY • Owner's Authorization For Agent Wireless Vision, LLC_is hereby authorized TO ACT ON BEHALF OF 52 EIGHTY, LLC, the owner of those lands described within the attached application, and as described in the attached deed or other such proof of ownership as may be required, in applying to Weld County, Colorado, for an application related to a Development Permit or other action pursuant to a: Special Review Permit. BY: r/I/L Print Name: Michael J. Totten Telephone Number: 404-382-5282 • State of Georgia County of Forsyth Signed and sworn before me on this 10th day of August, 2011 By: _Michael J. Totten who is personally known to me. CORE MUMMY NOWT PUBLIC-GEORGIA Nortary FORSYTH COUNTY MY COMMISSION EXPIRES 11-21.2014 Signature:(Az SA e- • My Commission Expires: _11/21/2014 2300 LAKEVIEW PARKWAY, SUITE 700 M ALPHARETTA, GA 30009 (0) 866247.5581 y' (F) 866-659.4989 if WWW_52EIGHTY_coM NWIZ ELESS gidi IION L.L.C. i P.O. Box 1100, Boone, North Carolina 28607 • OFF: (828)297-3333 FAX: (828)297-9696 Site Development Services September 26, 2011 Ms. Michelle Martin Weld County Department of Planning Services 918 Tenth Street Greeley, Colorado 80631 Re: Use by Special Review Permit Application Level (3) Communications, LLC TP No.: 1211-31-0-00-053 Dear Ms. Martin: Please find enclosed the original signed Authorization Letters which were requested after the County's completeness review of our USR permit application. Additionally, we have provided data in an attempt to address other completeness comments mostly having to do with our data responses to the County's questionnaire. Given that we have not received any further comments in connection with our replies, for the time being, we will assume that are responses were acceptable. • Based on the foregoing, unless we hear otherwise, we will consider that our USR application has been accepted and is under review. Please contact me if we can provide any additional information to facilitate your review of our USR Permit application. We appreciate your assistance in connection with this zoning matter. Very truly yours, Wireless Vision, L,LC 14)7Z/ Gerald A. Muldowney, BSCE 7 Project Manager • Enc. LESS IREI ION X11 P.O. Box 1100, Boone, North Carolina 28607 • OFF: (828)297-3333 FAX: (828)297-9696 Site Development Services August 12, 2011 Ms. Michelle Martin Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Use by Special Review Permit Application Level (3) Communications, LLC TP No.: 1211-31-0-00-053 Dear Ms. Martin: Please find enclosed our application package for the above-referenced Use by Special Review Permit. We trust you will find all the requested data in the required format. Provided is one packet of original documents, and three packets of document copies. Also, included is the required application fee of $2,500. plus the Special Review Plat recording fee of $11.00. An electronic copy of all the submittal documents has also been provided on . the enclosed R-W CD. To facilitate your review of the proposed development we have included additional information in the form of a "USR Request Description" which provides specific additional information associated with project need and purpose; project access; stormwater drainage; landscaping; and other existing Level (3) Communications' wireless telecommunications facilities within Weld County. Please contact me if we can provide any additional information to facilitate your review of our USR Permit application. We appreciate the assistance you have offered in connection with this zoning matter. Very truly yours, Wireless Vision, LLC G ` Gerald A. Muldowney, BSCE Project Manager RECEIVED • Enc. AUia -lb 9011 Weld CGRowy Impartment EELEY OFFICE • Request: A Site Specific Development Plan and Use By Special Review Permit to Extend the Height of a Telecommunication Antenna Tower from 65-Feet to 100-Feet; add Carrier Equipment; and including an Existing Fiber Optic Switch Facility in the A (Agricultural) Zone District. Summary: This request is to extend the height of the existing tower to 100-feet, allow for the placement of carrier equipment within the fenced area surrounding the tower. The fiber optic switch facility is existing and is located on the same property as the antenna tower. No changes to this switching facility are proposed under this USR. The tower will meet the setback requirement from adjacent property lines of 1-foot setback per 1-foot of tower height— based on the application information the tower is located approximately 134-feet from the nearest property line. Description of Surrounding Area: The tower site is located immediately to the east of the Union Pacific Railroad and U.S. Highway 85 (Centennial Highway) corridors. Three (3) existing single-family residences are located approximately 750-feet to the northwest, 750-feet to the northeast, and 2,200 feet to the southwest of the tower site. An existing dog kennel facility (approved under Use by Special Review Permit 1308) is located to the northeast, and an oil and gas support business (approved under Amended Use by Special Review Permit 1216) is located west of US Highway 85 (Centennial Highway) to the southwest of the site. No lighting will be required for the tower extension. The impacts of adding additional height to the tower will be minimal on the surrounding area. No phone calls or correspondence has been received from surrounding property owners regarding this request. Referrals: 8 Referrals were sent out and 5 referral agencies responded with either no comments or approval with conditions. Towns/Municipalities: The proposed USR is not located within the 3-mile referral area of the Town of Platteville. The Town of Platteville originally responded in November of 2011 and requested additional information/evidence as to why the applicant could not co-locate on existing towers/facilities in the area vs. extending the height of this tower. The applicant responded back with additional information as to why the tower extension was required in this location and the Town of Platteville responded back in February 2012 that this information addressed their questions re: why co-location was not an option. Surrounding Property Owner Letters: Staff recommends approval of this USR with the attached development standards and conditions of approval. Lauren Light— Department of Public Health and Heidi Hansen — Department of Public Works are available as well and I would be happy to answer any questions at this time. • LESS - . IRE ION L.L.C. ft P.O. Box 1100, Boone, North Carolina 28607 • OFF: (828)297-3333 FAX: (828)297-9696 Site Development Services 52 Eighty, LLC CO-021 Platteville Microwave Backhaul Project Wireless Telecommunications Facility Expansion USR REQUEST DESCRIPTION The existing Level (3) Communications facility located at 1216 CR 28 in Weld County Colorado requires a vertical expansion in order to meet the wireless connectivity needs of Level (3) Communications' wireless telecommunications Carrier clients. The required expansion consists of extending the existing 65 foot microwave tower by 35 feet. The proposed extension would bring the existing tower structure to a total of height of 100 feet. The Level (3) Communications' property is zoned A (Agriculture). The development of a 100 foot commercial telecommunications tower on this property is • permitted in Weld County via the County's Use by Special Review process. The proposed tower extension will enable Level (3) Communications to meet this Client need. The proposed expansion of the existing wireless telecommunications facility will provide additional wireless connectivity to Level (3) Communications' existing Fiber Optic network. This wireless connection will provide the backhaul capacity necessary for the wireless telecommunications Carriers who provide wireless services in the County, to enhance their existing systems as necessary to accommodate increased rural broad band service. This facility will enable these increased services to be offered to both businesses and residences in not only the immediate community and also the surrounding communities. Additionally, the proposed expansion will provide needed capacity for the further development of the wireless services necessary for the use of 3G and 4G wireless devices and the associated wireless data transmissions. The proposed development is compatible with the surrounding land uses in this agricultural portion of the County. The low intensity of this use, generating less than 24 trip ends per month on local roads, with daily noise levels equal to that of an outdoor air conditioning unit, the development is compatible with the surrounding land uses. The proposed wireless facility will not affect potable water or sanitary sewer utility services in the area. Telephone service is provided on-site by Level (3) Communications. Only electrical service capacities could be affected by the proposed facility expansion. • • USR REQUEST DESCRIPTION (continued) The proposed development will not only have limited impact on surrounding roadways but also will not affect local schools or recreational facilities. Stormwater Utility impacts are deminimis given the total proposed impervious surface area of 2,880 SF. The proposed tower structure extension will not require obstruction lighting by the FAA, which will minimize potential night time visual impacts. The proposed tower structure and the tower extension will maintain a galvanized finish which is known to best reflect ambient lighting conditions. This will help minimize potential daytime visual impacts. The proposed tower height is the minimum tower height necessary to provide the needed service. Additionally, the proposed tower structure, and the associated ground facility, are designed with added capacity to enable the co-location of both PCS antennas/equipment and added microwave antennas/equipment. Access to the existing facility is provided via an existing driveway connection. As a part of the existing lease agreement, legal access to the facility is guaranteed. The actual legal access is defined by a boundary survey which is made a part of the lease • agreement. The boundary survey graphically depicts the location of the legal access and provides a legal description of the same. Both the Lease Agreement (SLA) and the boundary survey are attached for the County's review. The topographic survey data provided in the attached data indicates that the existing and historic surface flow pattern over the USR Parcel is in the form of sheet flow from east to west. Noted off-site to the west is an existing isolated depression which is bordered on the west by the existing rail road grade. On-site soils consist of#39 Nunn loam, 0 to1 percent slopes; and #61 Tassel fine sandy loam, 5 to 20 percent slopes. This information was obtained from the USDA Web Soil Survey for the southern part of Weld County. Both of these soil types have a depth to water table of more than 80 inches. The limiting soil strata in both these soil types will transmit water (ksat) at moderately low to moderately high rates. There are no impervious or semi-impervious improvements associated with the proposed tower extension. Regarding the combined existing telecommunications facilities at build out, the total impervious surface will be 1% of the USR Parcel. Also, at build out, the total on-site semi-impervious surface area will be 12% of the total USR Parcel. Based of the foregoing data, the USR Parcel will maintain 87% open space at total build out. This use meets the definition of a low impact development. Furthermore, all semi-impervious • and impervious surfaces are constructed on grade thereby maintaining the existing and historic surface flow patterns. O1 11 • USR REQUEST DESCRIPTION (continued) Currently, stormwater run-off generated by the existing on-site improvements is stored within the air voids contained within the semi-impervious gravel material. Excess run-off volume is discharged across the parent tract in the form of sheet flow. The proposed improvements consist of a tower structure extension. There are no surface improvements proposed. The existing telecommunication facilities are fenced gravel utility compounds. The facilities are unmanned, secured facilities that operate 24/7. No part of existing facilities are open to, or accessible by, the general public. There are no parking areas or storage areas associated with the existing telecommunications facilities. There are no employees housed by, or within, the existing facilities. The existing facilities are located well within the parent tract and are not visible or have low visibility from the public right-of way. There are no landscape buffers proposed as a part of this use change. Level (3) Communications, LLC, does not own any other wireless telecommunications facilities within Weld County. • • LESS IRE ION L.L.C. ft • P.O. Box 1100, Boone, North Carolina 28607 OFF: (828)297-3333 FAX: (828)297-9696 Site Development Services 52 Eighty, LLC CO-021 Platteville Microwave Backhaul Project Wireless Telecommunications Tower Extension USE BY SPECIAL REVIEW QUESTIONNAIRE 1. Explain, in detail, the proposed use of the property. Currently the property is being used for a commercial purpose. Existing on the property is a telecommunications facility in the form of a Fiber Optic Switch. Also currently existing on the property is a wireless telecommunications facility which includes a 165 foot self support microwave tower. The proposed use for this property involves expanding the existing wireless telecommunications facility by extending the existing 165 foot tower by 35 feet. If approved, the total tower height at the existing facility will be 100 feet. The mentioned tower extension • constitutes the sole change in use at the property in question. The proposed land use change represented by extending the existing tower structure to 100 feet will provide added wireless connectivity capacity which will benefit both the local community and surrounding communities by providing increased wireless telecommunications service. 2. Explain how the proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. The proposed land use change is consistent with the County's Comprehensive Plan's six (6) Guiding Principles as established in Section 22-1-120 of the County's Comprehensive Plan. With these six (6) Guiding Principles being the foundation for the County's land use policy, it is safe to say that the following proofs establish consistency with Chapter 22 of the County's Comprehensive Plan. The proposed land use change is consistent with the intent of the Goals and Policies that comprise the County's Comprehensive Plan based on the following facts: Section 22-1-120.A. The proposed land use exercises the right of the individual land owners to utilize this property in a manner they desire, while not adversely affecting the private property rights of the County citizens. The proposed extension does not pose a threat to local air space as demonstrated by the documented FAA Determination of No Hazard. `1, ' • USE BY SPECIAL REVIEW QUESTIONNAIRE (continued) Furthermore, the proposed tower extension will enable increased wireless telecommunications service capacity which will enhance community health, safety, and welfare as established by USDA Rural Development wireless initiative, and as established by the federal Telecommunications Act of 1996. Section 22-1-120.8. The proposed tower extension facilitates the established agri-businesses in the County. These uses provide wireless broadband telecommunication services to the rural businessman. The USDA Rural Development initiative has established the importance to develop this service in the Nation's rural communities. The proposed use is consistent with the County's Comprehensive Plan as it will not add excessive constraints to the operation of established agri-businesses or associated infrastructure. To the contrary the proposed use provides added wireless telecommunications infrastructure capacity in support of established and new agri-businesses. Section 22-1-120.C. By processing the requested use change through the County's USR process, the proposed land use change is consistent with the • Comprehensive Plan policies as they relate to the need for a timely process; an open review process to facilitate public information; providing for open communications to neighbors and communities which may be impacted by the use change; and provides for an established appeal process. Section 22-1-120.D. The proposed land use is consistent with the diverse characteristics of the County. The facility was constructed based on a location specific design elements which considered the individual characteristics of this portion of the County including the geographic constraints, economics of the area and the needs represented by the local demographics and socio-cultural aspects of the area. Section 22-1-120.E. The proposed land use change has demonstrated benefits enhancing the general public health, safety and welfare while allowing the individual land owners to exercise their rights as private land owners to develop their property. Section 22-1-120.F. The County's approval of the proposed land use change will encourage economic growth and economic prosperity by facilitating the needs of local businesses through the provision of added wireless telecommunications services which are utilized by the area business. • 1, • USE BY SPECIAL REVIEW QUESTIONNAIRE (continued) This land use approval will not only facilitate businesses in the immediate community but also by providing wireless connectivity to the existing Fiber Optic network the surrounding communities will be provided additional wireless capacity. The proposed land use change is consistent with Section 22-3-10.A. of the Comprehensive Plan in that the proposed land use change involves a private company capable of providing infrastructure services and facilities The proposed land use is consistent with Section 22-3-10.C. of the Plan because the proposed facility provides effective and efficient delivery of services given the fact that the facility provides wireless connectivity to the existing fiber optic telecommunications network to all of the franchised wireless telecommunications Carriers in Weld County, all of this will be promoted by the County Staff assessing the needs and impacts of our land use proposal. The proposed land use is consistent with Section 22-3-10.G. as evidenced by • services need letter provided by Open Range Communications. This is an opportunity for the County to maintain adequate public service needs for the agriculture businesses in this region of the County. The proposed land use promotes Section 22-3-40.A. P.Goal 1.1. P.Policy 1.1. by consolidating public facilities or services and providing coordination between service providers by offering needed wireless connections to Level (3) Communications' fiber optic network to all franchised wireless telecommunications Carriers. Section 22-3-40.A. P.Goal 1.3. P.Policy 1.3. is supported by the land use change in that the proposed development will not produce undue burden on County facilities. 3. Explain how the proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. The proposed land use is within an A (Agricultural) Zoning District. The proposed land use is consistent with Section 23-3-10. of the Weld County Code Ordinance due to the fact that when developed in accordance with the County Code, the development will not present and adverse impact to agricultural pursuits in the County. • • USE BY SPECIAL REVIEW QUESTIONNAIRE (continued) The proposed land use change shall be reviewed and approved via the County's Use by Special Review process in accordance with the Weld County Code Ordinance Chapter 23, Article II, Division 4. Likewise, for approval, the proposed development must be found to meet the provisions Section 23-4-800. Based on the above-listed approval requirements, when approved, the proposed land use change shall be in consistent with Section 23-3-40.K. of the Weld County Code Ordinance. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with the surrounding land uses). The general characteristic of the properties surrounding the site are agricultural. Directly west of the site is a cultivated field. Further west is a major transportation corridor which includes a rail road line and a State Road. Immediate to the east of the site is the Platte Valley Canal. East of the canal are lands used for agricultural pursuits, as are the properties to the north and south. • Immediately north of the parcel is a County Road. The proposed use is an unmanned facility. This use is a low intensity use which will not impact local roads, utilities, schools, parks and recreational facilities or local utilities. No dust or glare will be generated by this facility. On a daily bases, noise levels will minimal, equal to that of an outdoor air conditioning unit. The proposed tower structure shall maintain a galvanized finish which will best reflect the ambient lighting conditions during day light hours. This will minimize potential visual impacts during daylight hours. The proposed tower structure will not require FAA obstruction lighting which will minimize potential night time visual impacts. The above described attributes of the proposed facility are compatible with the surrounding area and in particular with agricultural pursuits which have many of the same attributes except for short periods of intense uses causing dust, noise and traffic mainly during harvest and periods of preparation and planting. • l� • USE BY SPECIAL REVIEW QUESTIONNAIRE (continued) 5. Describe, in detail, the following: a. Number of people who will use this site: Up to a maximum of ten (10) people. b. Number of employees proposed to be employed at this site: There are no employees planned for this facility. This is an unmanned facility. c. Hours of operation: The unmanned facility will operate 24/7. d. Type and number of structures to be erected (built) on this site: The structures proposed at this facility are small pre-fab equipment shelters or equipment cabinets. None of the proposed structures are habitable. The total number of structures would be 12. e. Type and number of animals, if any, to be on this site: There are no animals proposed at this facility f. Kind of vehicles (type, size, weight) that will access this site and often: The typical vehicle accessing this site would be a small pick-up truck. g. Who will provide fire protection to the site: County Fire & Rescue. • h. Water source on the property (both domestic and irrigation): There are no water sources planned for this facility. The proposed structures are un-inhabitable. Landscaped areas are not proposed at this secured utility facility. i. Sewage disposal system on the property (existing and proposed): There are no proposed or existing sewage disposal systems planned for this facility. j. If storage or warehousing is proposed, what type of items will be stored: There is no warehousing or storage proposed at this facility. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. There is no landscaping proposed at this facility. The proposed facility is a fenced gravel utility compound that is secured and not accessible by the general public. The facility is located with in the parent tract and is not visible or has low visibility from the public right-of way. There are no storage yards/areas or parking areas associated with this development which would require landscaping buffers. • fit • USE BY SPECIAL REVIEW QUESTIONNAIRE (continued) 7. Explain any reclamation procedures when termination of the use by Special Review activity occurs. The proposed facility is able to be fully deconstructed when no longer needed to provided wireless telecommunications service. All equipment shelters and cabinets are fully removable. Shelter and cabinet foundations are shallow monolithic slabs easily demolished and recycled as concrete rubble or riprap. The tower structure can be deconstructed, resold and reused. The gravel compound surface can be removed and used as a quality structural fill material. The tower foundations can be removed to within 18 inches of the surface thus rendering the use area available for agricultural pursuits. 8. Explain how the storm water drainage will be handled on the site. The proposed facility is primarily composed of a semi-impervious gravel surface • constructed on grade, thereby not altering existing and historic surface flow patterns. The proposed development is a low impact development maintaining approximately 87% of the USR parcel as open space. A mere 1 % of the USR parcel will be covered by impervious surfaces. Approximately 12 % of the parcel will be covered with a semi-impervious gravel surface. Based on the USDA Web Soil Survey the USR parcel is composed of generally two soil types, #39 Nunn loam, 0 tot percent slopes; and #61 Tassel fine sandy loam, 5 to 20 percent slopes. Both of these soil types have a depth to water table of more than 80 inches; both soils have moderately low to moderately high ability to transmit water. Based on the Rational Method a hydrolic analysis of the USR parcel indicates that pre-development run-off coefficient is C = .20 while the post-development run-off coefficient is C = .26. The increase in stormwater runoff associated with the proposed facility is deminimis. Stormwater run-off generated by the proposed facility will first be stored within the air voids contained within the gravel material. Excess run-off volume will be discharged across the parent tract in the form of sheet flow in a manner consistent with the historic surface flow patterns of this property. Surface flows on the parent tract are primarily east to west. • 'A, • USE BY SPECIAL REVIEW QUESTIONNAIRE (continued) 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. The tower extension construction will take approximately one week. Construction is scheduled for the fourth quarter of 2011 or the first quarter of 2012 depending on the required approval process. 10. Explain where storage and/or stockpile of wastes will occur on this site. The proposed facility will not generate solid waste. Storage/stockpiles of wastes will not occur on this site. S S IRELESS L. ISION L.C.• P.O. Box 1100, Boone, North Carolina 28607 OFF: (828)297-3333 FAX: (828)297-9696 Site Development Services August 12, 2011 Ms. Michelle Martin Weld Country Department of Planning Services 1555 M. 17th Avenue Greeley, Colorado 80631 Re: Letter of Intent To allow Co-Location Level (3) Communications, LLC Wireless Telecommunications Facility Tax Parcel No.: 1211-31-0-00-053 Dear Ms. Martin: As an authorized agent for Level (3) Communications, LLC, we hereby advise Weld County that it is the intention of Level (3) Communications, LLC, to provide for the co- location of licensed wireless telecommunications service providers at their existing facilities located on the above-referenced Tax Parcel in Weld County. • Furthermore, Level (3) Communications, LLC, has facilitated the co-location of service providers at the referenced facilities by providing excess capacity in the existing tower structure together with added ground space in the secured gravel compound. Please contact me if we can provide additional information regarding this matter. Very truly yours, Wireless Vision, LLC Gerald A. uldowney, BSCE Project Manager Enc. • • EXHIBIT A TO THE MASTER LEASE AGREEMENT SITE OPTION AND LEASE AGREEMENT This Site Option and Lease Agreement("LA")is made and entered into as of the date the last party hereto executes this SLA as indicated below("Effective Date")by and between LEVEL 3 COMMUNICATIONS, LLC,a Delaware limited liability company("Landlord")and 52 EIGHTY,LLC, a Delaware limited liability company("Tenant ), pursuant and subject to that certain Master Lease Agreement("Agreement') Unless otherwise defined herein,all capitalized terms have t e meanings ascribed to them in the Agreement. NOW THEREFORE,in consideration of to be paid by Tenant to Landlord upon Tenant's execution of this Agreement,Landlord hereby grants to Tenant the exclusive right and option(the "Option")to lease the Premises in accordance with the terms and conditions set forth herein. 1. Subject to the terms of any underlying documents through which Landlord has rights to the site,Landlord leases to Tenant a portion of the Site as follows: Premises Address: 12616, Weld County Road#28 • Platteville,CO 80651 Premises Legal Description: See Attachment 1 Premises Size: 100 by 100= 10,000 Total Square Feet together with the non-exclusive right for ingress and egress,on foot or motor vehicle, including trucks,and for the installation and maintenance of utility wires,poles, cables, conduits and pipes over, under or along a right-of-way extending from the nearest public right-of-way to the Premises,the Premises and right-of-way for access being substantially as described in Attachment"1". 2. From the Effective Date of this SLA through and including the date which is nine(9) months after the Effective Date of this SLA(the"Option Period")Tenant and its agents, engineers,surveyors and other representatives shall have the right to enter upon the Premises to inspect,examine,conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Premises,to apply for and obtain all licenses and permits required for Tenant's use of the Premises from all applicable governmental or regulatory entities("Governmental Approval"),and otherwise to do those things on or off the Premises that, in the reasonable opinion of Tenant,are necessary to determine the physical condition of the Premises,the September 17,2001 1 • • environmental history of the Premises,Landlord's title to the Premises and the feasibility or suitability of the Premises for Tenant's Permitted Use,all at Tenant's expense. Tenant shall not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Premises,whether or not such defect or condition is disclosed by Tenant's inspection. If, in the sole and absolute opinion of Tenant,the Premises are not suitable for Tenant's intended use,or Tenant determines that the operation of a communications facility on or within the Premises would not be in Tenant's best interest,Tenant shall have the right at any time prior to the expiration of the Option Period to terminate this Lease by sending written notice of termination to Landlord. In the event of such termination,Landlord shall retain the Commitment Deposit as consideration for Tenant's right to terminate and neither Landlord nor Tenant shall have any further obligation or liability under this Lease except as otherwise provided herein. At Tenant's election,and upon Tenant's payment of an additional Lease Option Fee to Landlord prior to expiration of the Option Period,the Option Period may be further extended for one additional period of nine(9) months, and may be further extended by mutual agreement in writing. 3. Tenant has the right to install,maintain,replace,operate, upgrade and remove the Communications Facility described in the following specifications and at the following locations,subject to all limitations and obligations set forth in the Agreement: 4. The initial Fee due and payable by Tenant to Landlord is: "ISThe Fee for the Premises will be adjusted anniversary date of .SLA Commencement Date by an amount equal to f the annual Fee for the previous year. • 5. Subject to any underlying agreements,the SLA Initial Term is ten(10)years commencing on the SLA Commencement Date and Tenant will have three (3) consecutive SLA Renewal Terms of five(5)years each. The SLA Commencement Date is the earlier of(i)the first day of the calendar month of commencement of construction or installation of the Communications Facility or(ii)ninety(90)days from the Effective Date of this SLA. For purposes of this SLA,the Permitted Activities described in Section 4 of the Agreement will not constitute the commencement of construction or installation of the Communications Facility. 6. If applicable,the parties acknowledge that Landlord's rights of access to the Site and Premises derive from a certain agreement dated between and hereafter referred to as the"Easement"and is attached hereto as Attachment"2"to this SLA. 7. The consent of any third part under the Easement to this SLA is [check as applicable]: X NOT required. required and such third party's consent is attached hereto as Attachment"3"to this SLA. September 17,2001 2 • • 8. This SLA is for discussion purposes only and does not constitute a formal offer by either party. This SLA is not and will not be binding on either party unless and until it is full executed by both parties. 52 EIGHTY,L LEVEL 3 C M ATIONS,LLC By: r B Name: Id r - / Name: ASON1 C , REEL Title: /L( ,u;r.!L Title: VP REAL, ESr✓TAT Date: 3- /$ Date: 3- /6 - 09 • September 17,2001 3 • V' • Attachment"1"to the SLA Legal Description of Site/Premises And applicable Right of Way PT NE4 31-3-66 LOT A REC EXEMPT RE-2519 (.10R),PARCEL#: 121131000053, ACCOUNT#: R8083200 ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF WELD COUNTY, COLORADO. Description & Drawing of Premises And applicable Right of Way • SEE ATTACHED September 17,2001 4 • • Adder to Attachtseet"1"to die SLA- Descripdon&Drawing of Premises and applicable Right of Way: • September 17,21101 5 III I • . . fl • ,.. 1 . ._ : .. :, . . • . . ,...J II, . c., ._ r : • • ... . .• , .,. ..•• • • + . ' : :'...:.:'..'4 1:c.f ;!.1 •.,,' it I S,..i- i:'se I st4i Iw 44 ! Sot v y il\ 1 "...RN. ! ,,, • . ‘.. , .,. . . . • , ,, • t co !it, 4111 ., w II _. ,, Le. , • • .;_,: :.„. .• k • akill•-...!f 1 1 .\'. - ellei • o 1 j �� i 1 r t i } 1 . 1 � : '' .1 ' ' 1----11. : 3 It e..;::...:- : '. , + S if_ • \ 1 7, ; 1 . ; ;1*. • , :', : : ! i • • w Il, ...-- , --•,•: - I i 4.n:.wtn*..r:AV'UA4,...r..-w:•4-.+wr..� ror i • • FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business 8 U Name: [e UE( L 3) Coyly?Coyly?d�,Cdrr._.J4 , LL C Phone: (� z�) UU — /Ooo Address: i0 LS FC '?0,e%f U0 6,1.16 - City, ST, Zip: '?QuoM FeC4 , Cc> 6o�L Business Owner: >ep—t74c I icy. Phone: (7 to) 38.S ' ( O0-c- Home Address: �3An-c€ AS A 6o Jl City, ST, Zip: S-n+E A5 A/So lie List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE STS,JE /L1Aic , F�1 , 54ethc.Es Oo /3/-4 ). (303) c?47 - 4Sc.o i-fARAI. Dew!S it/2 I z5 £cpL.z4n,) 614/0, [72,0) S82- /cam Tire to,AXAC5 /1'1 A1d ACEe i L303 Arrr Day srK z. r; 303) S"z -2s63 j3 anM Fl C.d, Co cesi.k, Z 1 Business Hours: Days: '7 ' 0A M.ANNE>5 I> Ea tE End, FAGICr Type of Alarm: - None / Burglar Holdup Fire Silent Audible • Name and address of Alarm Company: NM- Location of Safe: /A«.,..«.««..«.«.«.«.,.....«.««««.....«..,....««.««.«..,....«...«...,.«.«««........«.«....., MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: .1 Location(s): Er-)1> 0 F OA) -14444643;1•4136E- •-•• ) e . Is alcohol stored in building? t.J Location(s): Are drugs stored in building? /'i o Location(s): Are weapons stored in building? Pit, Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: T Main Electrical: OIL) Ex 1ktecL uTi( -r- f4 — F /76_ Gas Shut Off: Nih+ Exterior Water Shutoff: k)/A Interior Water Shutoff: N//'( • 4t;, MEMORANDUM TO: DATE: June 16,182 11' Case File, pre-application COLORADO FROM: Chris Gathman, Planner III SUBJECT: Pre-Application Meeting prior to submitting USR for extension of height from 69-feet to 100-feet for Telecommunication Antenna Tower Attendees: Jim Loukatos - Representative/Applicant Frank Piacentino, Building Official Donald Carroll, Public Works Michelle Martin, Planning Chris Gathman, Planning On Thursday, June 16, 2011 an informal discussion took place at the Greeley Administrative • Offices Conference Room regarding extending the height of an existing telecommunications tower from 69 to 100-feet. (The legal description is Lot B of RE-4988; located in Part of the NW4 of Section 21, T4N, R67W of the 6'h P.M.; Situs Address is 20718 CR 17) Background Information: The applicants are proposing to extend the height of an existing 69-foot telecommunication tower to 100-feet. This height will allow them to attract additional customers and extend coverage to additional outlying areas not presently served by the existing structure. No other ground improvements are proposed with this tower height extension. Building Department A commercial building permit will be required. Structural plans will be required to submitted with the building permit application. Public Works The applicant shall indicate access, any existing parking and easements on the Use by Special Review(USR) Site Plan map (to be submitted with the application). No traffic study will be required. Provide a brief narrative of where the property drains to with the USR application. Health No Health Department representative was available for this meeting. This is an unmanned facility so no permanent water/toilet facilities will be required. Portable toilets and bottled water are to be provided during construction of the facility. Any questions regarding Health Department requirements can be directed to Lauren Light at (light@co.weld.co.us. • Planning Department A Use by Special Review Permit application will be required for this request. The application fee is $2,500.00. Planning staff explained the application requirements and directed the applicants to review the Telecommunication Antenna Tower(Use by Special Review Permit) USR requirements in Chapter 23 in addition to the standard USR. A key item to address is why this location for the tower extension and why you cannot collocate on an existing tower or structure. • Show elevation drawings of the proposed. Staff recommended that the applicant provide a photo simulation of the tower with the application. Because the tower is connected to the existing Level 3 data connection/uplink site on the same property. The USR boundary should cover the entire property and the Level 3 facility should be included in the application. If Level 3 intends to expand this facility it should be covered in the USR application as well. Mr. Loukatos indicated he would check with Level 3 about this but did not know of any intent to expand this facility. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning • Services. End memorandum. • .,.„D 0 e n .$ • The Better Internet is Her& TO: Tom Parko Planning Manager 1555 N 17`h Ave Greeley CO 80631 Dear Tom: Please accept this letter of support for 52 Eighty, LLC's efforts to obtain approval to construct a wireless telecommunications facility Platteville,CO (52 Eighty Site Number CO-021)ORC Site Number CO-0045, 12616 CR28, Platteville CO 80631. More specifically,we are hopeful and respectfully request that 52 Eighty LLC's application be reviewed at the Zoning Meeting. Open Range Communications Inc. is a broadband wireless services provider whose primary focus is delivering high speed intemet and voice services to un-served and undeserved communities across the U.S. Open Range has a mutually agreed-upon business plan with the United States Federal Communications Commission and the Department of Agriculture's Rural Utility Service,as part of the National Broadband Plan,to provide service hundreds of markets in the US.Open Range is the recipient of the largest loan ever made by the United States Department of Agriculture's Rural Utility Service for the purpose of bringing high-speed Internet and voice services to areas across the United States. The Department of Agriculture and Federal Communications Commission have included Platteville as an • area in which Open Range has been authorized to provide service as promptly as possible. As such, Platteville is a critical market for Open Range to launch; addressing approximately 733 POPs,and further enabling Open Range to continue to bring Broadband to government defined targeted service areas. This would help Openrange extending the coverage with 100' rad center height(tower height is 100') The Open Range plan represents the realization of the ambitious objectives set forth by the FCC in its recently released National Broadband Plan.As the Plan States: Broadband is the great infrastructure of the early 21"century.Like electricity a century ago, broadband is a foundation for economic growth,job creation,global competitiveness and a better way of life. It is changing how we educate children,deliver health care, manager energy, ensure public safety,engage government, and access,organize and disseminate knowledge. Any assistance which the City of Platteville can provide in expediting and facilitating the ability of 52 Eighty LLC, to obtain Zoning and Permitting approval would be greatly appreciated. Very -dyi yours, c1)1 647-7,--- 011 Sid Roberts Director of Engineering. Open Range Communications Open RC:Inge Communications Inc, 6430 S Fiddlers Green Circle, Suite .500 • Greenwood Village, CO 801 1 I Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch,ASW-520 2009-ANM-821-OE 2601 Meacham Blvd. Fort Worth,TX 76137-0520 • Issued Date: 05/28/2009 Kayla Kramer CLS Group 609 S.Kelly Ave Suite D Edmond,OK 73003 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations,part 77,concerning: Structure: Antenna Tower ORC1 Platville 2-Level 3 Location: Platteville, CO Latitude: 40-11-10.19N NAD 83 Longitude: 104-49-02.78W Heights: 145 feet above ground level(AGL) 4980 feet above mean sea level(AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s),if any,is(are)met: • Based on this evaluation,marking and lighting are not necessary for aviation safety.However,if marking and/or lighting are accomplished on a voluntary basis,we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination is based,in part,on the foregoing description which includes specific coordinates,heights, frequency(ies)and power. Any changes in coordinates,heights,and frequencies or use of greater power will void this determination.Any future construction or alteration,including increase to heights,power,or the addition of other transmitters,requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes,derricks,etc.,which may be used during actual construction of the structure.However,this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,ordinance,or regulation of any Federal, State,or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. Page 1 of 3 • If we can be of further assistance,please contact our office at(310) 725-6591. On any future correspondence concerning this matter,please refer to Aeronautical Study Number 2009-ANM-821-OE. • Signature Control No: 631984-109532726 (DNE) Tameria Burch Technician Attachment(s) Frequency Data • Page 2 of 3 • Frequency Data for ASN 2009-ANM-821-OE LOW HIGH FREQUENCY FRP • FREQUENCY FREQUENCY UNIT ERP UNIT 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W • Page 3 of 3 • B&T Engineering, Inc. Platteville#83348 9 9. MT Job#833J8 B&T 1717 S. Boulder, Suite 300 Tulsa, OK 74119 • E ERING (918) 587-4630 Phone lir (918) 295-0265 Fax August 1, 2011 Mr. Gerald A. Muldowney Wireless Vision LLC P.O. Box 1100 Boone, NC 28607 RE: Fall Zone Letter Wireless Vision LLC—CO-021 Platteville 12616 County Road 28, Platteville, Weld Co., CO 80651 100'Self-Supporting Tower Dear Mr. Muldowney: It is our understanding that there are questions regarding the"Fall Radius"of the aforementioned tower. The tower is a 100 ft tall, Rohn model SSV, self-supporting tower. We have reviewed the structural analysis for this tower performed on 7/29/2009 by Chi S. Lee, P.E., S.E. in forming our opinion as to the Fall Radius of this tower. The maximum"Fall Radius"for this tower would be approximately 100 feet. In our opinion the Fall Radius would most likely be less than 100 feet. Typically towers do not experience"free fall"type failures due to wind induced loads. In the unlikely event of a failure, it is our opinion that the failure would occur somewhere above the base of the tower resulting in a fall radius less than 100 feet. • In conclusion it is our opinion that the tower meets the requirements of the applicable codes and therefore will not fail when subjected to the wind forces required in Weld County, CO. In addition, if the tower did fail under some unforeseen circumstance the fall radius would be less than 100 feet from the base of the tower. We appreciate the opportunity to provide professional services on this project. Please contact us if you have questions or need further assistance on this or any other project. Sincerely, B&T Engineering, Inc. ,,,,,,,,,.0,1‘94: „,,,! ,1"94: / c, Wi ; '. :5'Ay:a -'+ Chad E.Tuttle, P.E. �;/, e,?:,'''..._,....'o$.;.,sz' President(CO PE #35386 Exp: 3/31/2013) '%, /UUALC. 41 I( • 52V(EIGHTY co - OZI Platteville 12616 Weld Co . Rd . #28 Platteville , CO EXISTING MICROWAVE TOWER PROPOSED 100 ' SELF SUPPORT TOWER • PHOTOGRAPHIC SIMULATIONS August , 2011 Prepared by: NNTRELESSION L. L. C . A P.O. BOX 1100 Boone, North Carolina 28607 OFFICE (828) 297-3333 • • 52fEIGHTY C0421 PLATTE AERIAL MAP OF VICINITY \\‘ \0 N\ 0RIL It - - ‘ \ a - _..., • se _ NS 14: \ . • ,i C1j . i . -- . - ry i A r ` , _ N o I ' _ . _ . I Pi 1 4)?kk j. . MI CD v . C=.YfitFr''". ,'� ' or,,� I . , .ye ,., , a,,;: ,••.va�� ae4E't' ..-�__ % • ..ti_)jf ;M:130 0 Denotes Site Views A Denotes Proposed 100' SST Tower • a >1- i • : •.- _ �= _'mss y _ I 0 limmim .L . o .: Dmi z z a. z 0 74) k - r� ll c , s a 1/2\His\ill1/4__.._ illitill5lip. i ,.s I .. In o r L • 0 G) C I .. . CD N O O O ,}, �. Q / .: .. reip O a ` Z 11_1 1.1_1 Hic_gz„.?, 0 ...... W H ::: . -'• COISI Co L f1• 'I •0 , ', 7T, .., �' Cl. r. • f -.Litt---i t. 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If If) I oa) o c 0 r p r 4r i i Hi w li } L W 1f • a ', ltd 111 i p Cr) O le O Illi L� p r.. 1 • = Li, V/ -J 0 o III p I ' i ' i - ' i L.' ill i '. - p L/�� ,� 49'ill7 .i( ,A Alm. , ill'' 7. . AP: ,. 4iit •r Cn 'C 46. fir,.. Q 1 Js- O. O ' r X ha W _ . • File contains CD with copy of Application Materials • Please See Original File • Hello