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HomeMy WebLinkAbout20121107.tiff INVENTORY OF ITEMS FOR CONSIDERATION • Applicant Level (3) Communications, LLC Case Number USR11-0012 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities (N(p) X %' 3 Referral List X Referrals without comment X 4 Referrals with comments X Weld County Department of Public Works referral received 12/5/2011 X • N. Weld County Department of Public Health and Environment referral dated X 11/22/2011 Weld County Department of Building Inspection referral received 12/28/2011 X Town of Platteville, e-mail referral received 11/28/2011 X Town of Platteville, e-mail referral received 2/21/2012 X Colorado Department of Transportation, referral received 11/7/2011 X 5 Surrounding Property Owners/Mineral Owners - Letters " 6 PC Exhibits " 6A Sign posting affidavit X 66 E t-J /CAC:a, X I hereby certify that the 11 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman + Planner • ta..J a(�/.2_— 1167 • USE APPLICATION WiiLAND0 SUMMARY SHEET COLORADO Case Number: USR11-0012 Hearing Date: April 3, 2012 Applicant: Level 3 Communications, LLC C/O Gerald Muldowney — Wireless Vision, LLC Address: P.O. Box 1100, Boone, NC 28607 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. Legal Description: Lot A of Recorded Exemption RE-2519; located in part of the NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, Colorado Location: South of and Adjacent to County Road 28 and approximately 300 Feet East of State Highway 85. • Size of Parcel: +/- 5.36 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Department of Public Health and Environment, referral received 11/22/2011 • Weld County Department of Public Works, referral received 12/5/2011 • Weld County Department of Building Inspection, referral received 12/28/2011 • Colorado Department of Transportation (CDOT), referral received 11/7/2011 • Town of Platteville, e-mail referral received 11/28/2011 • Town of Platteville, e-mail referral received 2/21/2012 The Department of Planning Services has not received referrals from the following agencies: Platteville Gilcrest Fire Protection District EXHIBIT Colorado Parks &Wildlife • Platteville Irrigation Company 2012-1107 USR11-0012 Level 3 Communications,LLC I • sitttv. LAND USE APPLICATION WC SUMMARY SHEET COLORADO Case Number: USR11-0012 Hearing Date: April 3, 2012 Applicant: Level 3 Communications, LLC C/O Gerald Muldowney — Wireless Vision, LLC Address: P.O. Box 1100, Boone, NC 28607 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. Legal Description: Lot A of Recorded Exemption RE-2519; located in part of the NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, Colorado Location: South of and Adjacent to County Road 28 and approximately 300 Feet East of State Highway 85. • Size of Parcel: +/- 5.36 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Weld County Department of Public Health and Environment, referral received 11/22/2011 • Weld County Department of Public Works, referral received 12/5/2011 • Weld County Department of Building Inspection, referral received 12/28/2011 • Colorado Department of Transportation (CDOT), referral received 11/7/2011 • Town of Platteville, e-mail referral received 11/28/2011 • Town of Platteville, e-mail referral received 2/21/2012 The Department of Planning Services has not received referrals from the following agencies: Platteville Gilcrest Fire Protection District Colorado Parks &Wildlife Platteville Irrigation Company • 2012-1107 USRI I-0012 Level 3 Communications,LLC 1 • SPECIAL REVIEW PERMIT Aptotrui ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR11-0012 Hearing Date: April 3, 2012 Applicant: Level 3 Communications, LLC CIO Gerald Muldowney—Wireless Vision, LLC Address: P.O. Box 1100, Boone, NC 28607 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. Legal Description: Lot A of Recorded Exemption RE-2519; located in part of the NE4 of Section 31, T3N, R66W, Weld County, Colorado • Location: South of and Adjacent to County Road 28 and approximately 300 Feet East of State Highway 85. Parcel Size: +/- 5.36 acres Parcel Number: 121131000053 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-20.1 A.Goal 9. States: "Reduce potential conflicts between varying land uses in the conversion of traditional agricultural lands to other land uses." This is a proposed extension of an existing 65-foot tower to 100-feet. With the • exception of the provision of adding additional equipment in the existing fenced area no additional structures/improvements are proposed to occur on site and it USRI1-0012—Level 3 Communications,LLC 2 is an unmanned facility. The impacts of adding additional height to the tower will • be minimal on the surrounding area. b. Section 23-2-220.A.2 --The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.L allows for Telecommunication Antenna Towers as a Use by Special Review in the A (Agricultural) Zone District. c. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. 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. d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the • adopted Master Plans of affected municipalities. The tower site is located within the 3-mile referral area of the Town of Platteville. The Town of Platteville, in an e- mail referral dated November 28, 2011, expressed concerns with adding height to an existing tower and requested documentation from the applicant that they could not co-locate on three existing tower locations within the Town of Platteville. Documentation was provided from the applicant and forwarded to the Town of Platteville in February of 2012. The Town of Platteville, in an e-mail response dated February 21, 2012 indicated that the applicant had adequately demonstrated to them that co-location in Platteville was not an option. e. Section 23-2-220.A.5 --The site does not lie within any Overlay Districts. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) f. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed site is designated as "Prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site is already covered • by existing structures and any new structures will be located within the existing fenced area around the telecommunication tower. USRI I-0012 Level 3 Communications,LLC 3 • g. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. All pages of plat shall be labeled USR11-0012. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. County Road 28 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. The applicant shall • verify and delineate on the plat the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. (Department of Public Works) C. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and • .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif USRI I-0012—Level 3 Communications,LLC 4 • (Group 4). (Group 6 is not acceptable). This digital file may be sent to dhuerter(cilco.weld.co.us. (Department of Planning Services) 4. Prior to release of building permits: A. Building permits shall be obtained prior to any new construction, alteration or addition to any building or tower on the property. B. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. (Department of Building Inspection) C. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code: 2006 International Energy Code; 2006 International Fuel Gas Code; 2011 National Electrical Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) D. All building plans shall be submitted to the Platteville-Gilcrest Fire Protection • District for review and approval prior to issue of building permits. (Department of Building Inspection) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • USRI I-0012 Level 3 Communications,LLC 5 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Level 3 Communications, LLC USR11-0012 1. 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. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) • 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 8. Adequate drinking (bottled water), toilet facilities (portable toilets) and handwashing units shall be provided during construction of the facility. (Department of Public Health and Environment) 9. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. Building permits are required for buildings, structures and change of use for buildings which required permits before the beginning of construction or the proposed change of use. (Department of Building Inspection) 10. Buildings shall conform to the requirements of the various codes adopted at the time of • permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International USRI I-0012—Level 3 Communications,LLC 6 Plumbing Code; 2006 International Fuel Gas Code; 2006 International Energy Code; • 2003 ICC ANSI 117.1 Accessibility Code; 2011 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 11. All building plans shall be submitted to the Platteville Fire Prevention District for review and approval prior to issue of building permits. (Department of Building Inspection) 12. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increase, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 13. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 14. Utilize the existing access to the site. (Department of Public Works) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 16. The property owner or operator shall be responsible for complying with the Operation • Standards of Section 23-2-250, Weld County Code. 17. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011- 2) 18. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 19. If the Use by Special Review has not commenced within three (3) years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety (90) days to re-use the facility or transfer the facility to another owner who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services. (Department of Planning Services) 20. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) • 21. Upon termination of the use of the telecommunication antenna tower, the building, USR11-0012 Level 3 Communications,LLC 7 antenna structure, and associated equipment shall be removed and the premises • restored to its original condition. 22. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 23. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Planning Services) 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. • • USRI 1-0012—Level 3 Communications,LLC 8 • ' t861 ~e DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE �, GREELEY, CO 80631 1. r _ WEBSITE:www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us r �! PHONE: (970)353-6100, Ext. 3537 - N . T J FAX: (970) 304-6498 March 9, 2012 Gerald Muldowney Wireless Vision, LLC PO Box 1100 Boone, NC 28607 Subject: USR11-0012 - 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, FUTURE CARRIER EQUIPMENT AND INCLUDING AN EXISTING FIBER OPTIC SWITCH FACILITY. On parcel(s)of land described as: PT NE4 SECTION 31, T3N, R66W LOT A REC EXEMPT RE-2519 of the 6th P.M., Weld County, Dear Applicants I have scheduled a meeting with the Weld County Planning Commission on April 3, 2012, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on April 25, 2012 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O • Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.wel dcou ntypl anni ngcases.orq If you have any questions concerning this matter, please call. Respectfully, —Q���Q/� Digitally signed by Kristine Ranslem � 5-4-3 M. _ Reason: am the author of this document Location:1555 N 17th Ave Date:2012.03.09 14:26:50-0T00' Chris Gathman Planner • FIELD CHECK inspection dates: 3/23/2012 APPLICANT: Level 3 Communications, LLC CASE #: USR11-0012 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.. LEGAL: Lot A of Recorded Exemption RE-2519; located in part of the NE4 of Section 31, T3N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of and Adjacent to County Road 28 and approximately 300 Feet East of State Highway 85 PARCEL ID#: 121131000053 ACRES: +/- 5.36 acres Zoning Land Use N A N Ag land E A E Single family residence and kennel S A S Reservoir W A W Railroad/Highway 85 COMMENTS: Existing cell tower and unmanned fiber optic switch facility on site. Chris Gathman - Planner Ill • isctf„icHil‘ DEPARTMENT OF PLANNING SERVICES • ELE N COh 631 VE GREELEY, O 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: cgathman@co.weld.co.us PHONE: (970) 353-61FAX: (9770)304-6498 COLORADO November 4, 2011 Gerald Muldowney PO Box 1100 Boone, NC 28607 Subject: USR11-0012 - 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, FUTURE CARRIER EQUIPMENT AND INCLUDING AN EXISTING FIBER OPTIC SWITCH FACILITY. On parcel(s)of land described as: PT NE4 SECTION 31, T3N, R66W LOT A REC EXEMPT RE-2519 of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral • comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s)for their review and comments: Platteville at Phone Number 970-785-2245 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, Digitally signed by Kristine Ranslem :)I _1{r— A_ Reason: the author of this document th ✓/YWL.`ti Location:1555 N 17th Ave Date:2011.11.04 09:56:09 06'00' Chris Gathman Planner • Chris Gathman om: Gerald A. Muldowney[gam@wirelessvisionlIc.com] nt: Tuesday, November 01, 2011 8:11 AM o: Chris Gathman Subject: Re: Level 3 Communications (Platteville) Telecommunication Tower USR Attachments: CO-021 Platteville Co-locationStmnt.pdf Importance: High Chris, Good morning. Thank you for your patience. Attached our Co-location Statement. Please contact me if we can provide any additional information to facilitate your review of our USR Application. Also, please notify me with verification that our Application is in deed back in process and when we might next expect Staff Comments. Thank you for your assistance. Jerry Muldowney, BSCE WIRELESS VISION, LLC Box 1100 one, North Carolina 28607 Office (828) 297-3333 Mobile (352) 215-9100 www.wirelessvisionIIc.com Original Message From: Chris Gathman To: gam{c wirelessvisionllc.com Sent:Wednesday, October 26, 2011 1:17 PM Subject: Level 3 Communications (Platteville) Telecommunication Tower USR Dear Gerald, I have been assigned your USR application. Michelle is involved with processing a very involved land use case and this case has been reassigned to me. I have reviewed the application and correspondence and have need one more item of information for the application: Submit documentation that other existing or approved Telecommunication Antenna Towers cannot accommodate the telecommunications equipment planned for the proposed amended tower. (ie—that any existing towers/in the urea had been looked at for co-location and why co-location will not work on these facilities). Even though you have an existing tower—you are now proposing to increase the height by 35-feet (which increases the visual impact of the tower). We need evidence that you have explored other options and why these other options 1 (collocation on other towers or even other buildings) will not work, are not available... Note that this particular requirement was mentioned in the pre-application meeting that we had on this proposal earlier this year. Let me know if you have any questions. Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO.80631 Ph:(970)353-6100 ext.3537 Fax: (970)304-6498 N 4 Yv i V:{CQ. C9vlN 7 V Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 IRis ESS �� ISION L.L.C. • 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 Protect Wireless Telecommunications Facility Expansion Co-Location Statement The applicant acknowledges that increasing the height of the existing tower structure by 35-feet may potentially create a visual impact in the area surrounding the tower site. The applicant understands the County's desire to promote co-location as a means of minimizing tower proliferation and reducing the potential visual impacts associated with tall structures. As demonstrated on the Tower survey submitted in our USR Application, the nearest • existing tower is approximately 1537 feet Northwest of the proposed tower extension project. As stated in the RF justification letter provided by Open Range Communications, the tower user, the added height at this existing tower facility is necessary for Open Range to maximize the coverage and capacity of the existing tower facility. Maximizing the coverage and capacity at this existing facility is in keeping with the County's desire to minimize the proliferation of tower structures within the County. Additionally, maximizing the coverage and capacity of this wireless telecommunications facility will enable Open Range Communications to better fulfill their obligations to the FCC based on their current Federal contract to provide broadband Internet service in rural America. It would be highly impractical, if not impossible, for Open Range Communications to place their needed additional microwave antennas on a tower structure that is 1537 feet remote from the location of their radio equipment and equally important their fiber optic backhaul connection. Based on the foregoing data, the RF network designers at Open Range Communications disallowed the co-location of microwave antennas at the existing tower facility 1537 feet distant from the existing radio equipment and the existing backhaul connection. Chris Gathman oom: Chris Gathman nt: Wednesday, October 26, 2011 11:17 AM o: 'gam@wirelessvisionllc.com' Subject: Level 3 Communications (Platteville) Telecommunication Tower USR Dear Gerald, I have been assigned your USR application. Michelle is involved with processing a very involved land use case and this case has been reassigned to me. I have reviewed the application and correspondence and have need one more item of information for the application: Submit documentation that other existing or approved Telecommunication Antenna Towers cannot accommodate the telecommunications equipment planned for the proposed amended tower. (ie—that any existing towers/in the area had been looked at for co-location and why co-location will not work on these facilities). Even though you have an existing tower—you are now proposing to increase the height by 35-feet (which increases the visual impact of the tower). We need evidence that you have explored other options and why these other options (collocation on other towers or even other buildings) will not work, are not available... Note that this particular requirement was mentioned in the pre-application meeting that we had on this proposal earlier this year. Let me know if you have any questions. •cerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 I I Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • 1 LESS IREI ION -il 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 Protect Wireless Telecommunications Facility Expansion USR Completeness Review RAI 1. The following information addresses the list of questions discussed with Michelle Martin on Thursday October 13, 2011. 2. The existing and future needs of the Fiber Optic Switch are included in the questionnaire and the drawings. For example the total number of persons accessing the existing fiber optic switch facility and expected to access the proposed facility shall not exceed the 10 persons identified. Likewise, the current facility and future facility are both unmanned facilities. Likewise, the existing and future facilities provide • telecommunications services/operate 24 hours 7 days a week. Currently, there is no future expansion being considered in the foreseeable future other than the future tenants at the microwave wireless telecommunications tower facility. 3. An original copy of the Level (3) Communications, LLC, to 52 Eighty, LLC, and 52 Eighty, LLC, to Wireless Vision, LLC, has been provided to the County. 4. A copy of an updated Letter of Authorization from Level (3) Communications, LLC, to 52 Eighty, LLC, has been provided to the County. 5. Both the existing and proposed telecommunications facilities are unmanned facilities. As such, there are no employees that report to work at these facilities. The existing fiber optic telecommunications facility will typically have one individual visit the facility once a week. The purpose of this site visit is routine maintenance. Similarly, but less intense, the existing wireless telecommunications facility will typically have one individual visit the facility once a month. Again, the purpose of the site visit is routine maintenance. Regarding future employees, each future carrier utilizing the proposed facility will typically have one maintenance site visit per month. Given the ability to host up to eight (8) carriers we have identified the possibility that approximately up to 10 separate individuals might access the future facilities. • • ADDITIONAL INFORMATION: Additionally, please note the following: None of the existing buildings or any of the future building structures will be habitable structures. This is to say that none of the building structures on this parcel will have potable water service or sanitary sewer service. Neither the existing facilities nor the proposed facilities will include a storage area. It is only on occasion that a trailer with a spool of fiber optic cable may be left on-site. No material is placed on the ground. This use would not constitute a storage yard. • • 1111111 11111 111111 11111111111 111I I11111 I I I I 3713946 08125/2010 11:20A Weld County, CO • 31 of 46 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, structures, equipment buildings and cabinets, fencing, screening, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4. Photo-realistic renderings(photosyms)of the site after construction,demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points.This requirement does not apply to TELECOMMUNICATION FACILITIES permitted under the administrative review process unless the Department of Planning Services requests such information. 5. A report describing the TELECOMMUNICATION FACILITY and the technical, economic(if deemed necessary by the Department of Planning Services)and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. 6. The FM response to the Notice of Proposed Construction or Alteration (FM Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. 7. An agreement detailing responsibility for landscaping, screening, site maintenance and the replacement of dead plant material. • 8. A schedule for the installation of landscaping and screening, if applicable. 9. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER. 10. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations,as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. 11. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten(10)miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must include a detailed inventory of all the providers existing and approved TELECOMMUNICATION FACILITIES within the County,all incorporated areas within the County, and one(1)mile beyond the County border, including • Wyoming. Page 31 2010-1670 ORD2010-6 I HIM 3713946 08/25/2010 11:20A Weld County, CO 30 of 45 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4. TELECOMMUNICATION ANTENNA FACILITIES,except those in the C and I zones, • must not include manned offices, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. G. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval, or is discontinued for a period of three(3)consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the use. If the use is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent Use by Right or Use by Special Review. Upon the determination that the use has been abandoned, the facility owner has ninety (90) days to re-use the facility or transfer the facility to another owner who will re-use it. Evidence of such shall be provided, in writing, to the Department of Planning Services. 1. Removal of abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of TELECOMMUNICATION ANTENNA TOWERS deemed by the County to be abandoned. 2. The applicant or owner shall submit an improvements agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by • the Board of County Commissioners prior to commencement of operations, as applicable. Sec. 23.4-840. Supplemental Use by Special Review Permit application requirements for TELECOMMUNICATION ANTENNA TOWERS. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, must include the following: 1. A Site Plan showing the location and legal description of the site; on-site land uses and zoning; adjacent roadways; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; setbacks from property lines; and the location of the TELECOMMUNICATION FACILITY, including all related improvements, buildings and equipment. 2. A vicinity map showing adjacent properties,general land uses,zoning and roadways: a. Within one hundred (100) feet of a proposed attached antenna site. b. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNAS,CONCEALED,temporary TELECOMMUNICATION ANTENNA TOWER or micro-cell TELECOMMUNICATION ANTENNA TOWER site. c. Within a distance of one (1) mile of a proposed TELECOMMUNICATION • ANTENNA TOWER site. Page 30 2010-1670 ORD2010-6 Hello