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.
•
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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
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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.
•
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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,
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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.
•
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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.
•
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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
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• 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 ; '.
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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
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