HomeMy WebLinkAbout20113009.tiff RESOLUTION
RE: ACCEPT REQUEST OF RICHLAND TOWERS TO WITHDRAW APPLICATION FOR SITE
SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1508 FOR COMMUNICATION TRANSMISSION TOWERS (TWO GUYED
BROADCAST TOWERS APPROXIMATELY 1,459 FEET, AN INCREASE FROM THE
PREVIOUSLY APPROVED HEIGHT OF 1,180 FEET, WITH SUPPORT BUILDINGS) IN
THE A(AGRICULTURAL)ZONE DISTRICT,AND RESCIND RESOLUTION#2006-3030,
DATED NOVEMBER 15, 2006
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on November 15,2006,the Board approved the application of Longmont
Broadcasting, LLC, P.O. Box 753, Wheat Ridge, Colorado 80034, for a Site Specific Development
Plan and Amended Use by Special Review Permit#1508 for Communication Transmission Towers
(two guyed broadcast towers approximately 1,459 feet, an increase from the previously approved
height of 1,180 feet, with support buildings) in the A (Agricultural) Zone District on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption #3507; being part of
the N1/2 of Section 33, Township 2 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, on November 21, 2011, the Board was presented with a letter, dated
November 7, 2011, from the current property owner, Richland Towers, 400 North Ashley,
Suite 3010, Tampa, Florida 33602-4354, requesting the withdrawal of the application for the
increased tower height, indicating the uses approved under the original USR#1508 will continue to
apply to the property, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and all of the exhibits and evidence presented
in this matter and, having been fully informed, accepts said request for withdrawal, and
WHEREAS, after review, the Board deems it advisable to grant the request of Richland
Towers and thereby accept the withdrawal of the application and to rescind Resolution#2006-3030,
dated November 15, 2006.
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2011-3009
13,, S- 1 ) PL1785
ACCEPT WITHDRAW REQUEST AND RESCIND RESOLUTION#2006-3030(AMUSR#1508)-
RICHLAND TOWERS
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the request of Richland Towers to withdraw the application for a Site Specific
Development Plan and Amended Use by Special Review Permit #1508 for Communication
Transmission Towers(two guyed broadcast towers approximately 1,459 feet, an increase from the
previously approved height of 1,180 feet,with support buildings) in the A (Agricultural)Zone District,
on the parcel of land described above be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution#2006-3030, dated November 15, 2006, be, and hereby is, rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: _ jp2 4 4« c lftd�
Barbara Kirkmey , Chair
Weld County Clerk to the Board
✓I : :rci:r0m
I k e Bo i
AP?ROD A$ FO��I: ® `
David E. Long
County Attorney ,vY-1 Chu"
Douglauaademaer
Date of signature: / 1 - //
2011-3009
PL1785
ATRICHLAND
O W E R S 'm
Above AU. Technology av
November 7, 2011
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 171h Avenue
Greeley, CO 80631
RE: AMUSR-1508 FORMAL WITHDRAWAL
Dear Mr. Gathman:
Thank you for following up with us on this open item. Please be advised Richland Towers wishes to
formally withdraw the subject amendment request. Should you have any questions or require any
additional information, please do not hesitate to contact me.
Sincerely,
J. urt Wilkinson
VP Construction
Cc: Kirk Goble
Dirk Freeman
2011-3009
4U1 N.Ashley,Suite 3010 Tampa,FI.33602-4354 PD 7 C p
5
813.286.4141—FAX 813.286.41.30
www.dchlnndtowa.ami
1111111111111111111011111111111111111! III11111IIII IIII
3514520 10131/2007 01:40P Weld County, CO
520 1 of 2 R 11.00 D 470.00 Steve Moreno Clerk 6 Recorder
Special Warranty Deed OF `,7000
THIS DEED, is made this 22nd day of October, 2007, between LONGMONT
BROADCASTING, LLC, a Colorado limited liability company, Grantor, and RICHLAND
TOWERS — DENVER NORTH, LLC, a Delaware limited liability company, whose legal
address is 400 N. Ashley Drive, Suite 3010, Tampa, FL 33602,Grantee.
WITNESS, that the Grantor, for fair and adequate consideration, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed,and by these presents
do grant, bargain, sell, convey and confirm unto the Grantee, its heirs and assigns forever, all of
the real property, together with improvements, if any, situate, lying and being in the County of
Weld and State of Colorado, described as follows:
Lot B of Recorded Exemption No. 1311-33-2-RE 3507, recorded June 6, 2003 at Reception No.
3069998,being a part of the North half of Section 33, Township 2 North, Range 67 West of the
6th P.M.
Together with the non-exclusive easement rights for 2 undefined access roads as set forth in
Easement recorded August 5, 1998 at Reception No. 2631030.
County of Weld,
State of Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining,the reversion and reversions, remainder and remainders, rents, issue and
profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
Grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee, its heirs and assigns forever. The Grantor, for itself, its
successors and assigns, does covenant and agree that it shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
Grantee, its successors and assigns, against all and every person or persons claiming the whole or
any part thereof, by, through or under the Grantor, specifically excepting general taxes and
assessments for the year 2007 and subsequent years and subject to all conditions, restrictions,
limitations,reservations, encumbrances,existing easements and other matters of record.
The singular number shall include the plural, and the plural the singular, and the use of any
gender shall be applicable to all genders.
{i
1 S Title
. ty
(00072074/ I} 1
I Iiliil 1110 1101 111 IN 1111111 MI III IIIII HE IM
3614620 10/31/2007 01:40P Weld County, CO
2 of 2 R 11.00 D 470.00 Steve Moreno Clerk& Recorder
IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above.
GRANTOR:
LONGMONT BROADCASTING, LLC,
a Colorado limited
-l_iability compan
By: wA`li�' '"
William A. Vanderpoel, its Manager
STATE OF COLORADO )
) ss.
COUNTY OF DOUGLAS )
The foregoing was acknowledged before me this 22nd day of October, 2007 by William
A. Vanderpoel, as manager of Longmont Broadcasting, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My Commission expires ui o l"1 2.tlo'7 � 9
NO AR PUBLIC3/4\54-_
[SEAL] JEFFREY WATSON POPE
NOTARY PUBLIC
STATE Or COLORADO
My Commis,Ir. 9xpi.xe II/17/2007
(000720741 T) 2
Chris Gathman
From: Chris Gathman
Sent: Tuesday, October 25, 2011 6:49 AM
To: 'Kirk Goble'
Subject: RE: AMUSR-1508
Kirk,
A letter from someone authorized to sign off on behalf of Richland would suffice. Since they are a company—an
attached articles of incorporation or some other evidence that this person can sign on behalf of Richland should be
provided.
Thanks!
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
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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
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contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Kirk Goble jmailto:kirkCalbell5.com1
Sent:Thursday, October 20, 2011 2:12 PM
To: Chris Gathman
Subject: AMUSR-1508
Cris - I'm back at my office and have received the 3rd notice letter concerning AMUSR-1508. You may recall
that we worked with Dirk Freeman of Blair Media when the original USR was approved. The Amendment was
strictly intended to allow for placement of a candelabra antenna atop the tower, which was administratively
approved and initial contact was made with FAA to meet that condition. Concurrently, Richland Towers made
a purchase of the tower project and, for whatever reason, the FAA request was dropped. I have been in contact
with Mr. Freeman who is communicating with Richland on this matter and we should have an answer hopefully
sometime late next week, at which time I'll let you know their intent. In the event the Amended USR is
withdrawn (maybe they don't need the extra antenna), whose signature will you require for withdrawal? I was
the authorized representative for Longmont Broadcasting as the original applicant, but do not have a formal
agreement with Richland. Please advise so I can let everyone know. Thanks!
Kirk Goble, ALC
Broker, The Bell 5 Land Company
1
• •
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
W E L DEC O U N T Y Greeley, CO 80631
cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
October 16, 2011
Richland Towers Denver North LLC
400 N. Ashley, Suite 3010
Tampa FL 33602
Kirk Goble, ALC
Broker, The Bell 5 Land Company
710 11th Avenue#107
Greeley, CO 80631
Subject: 3r° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording
the Plat for Use by Special Review, AMUSR-1508.
Dear Applicant:
The Planning Department is working through our historical case files in an effort to resolve unrecorded
and outstanding land use permits. You are receiving this letter because you have applied for a Use by
Special Review (USR) permit with Weld County but have never followed through the steps to complete
the process. You should have received two other letters from me in August and September concerning
the same topic.
On November 15, 2006, your application for a Use by Special Review was approved by the Weld County
Board of County Commissioners with specific Conditions of Approval. At this time the conditions of
approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recorder.
One of the required Conditions of Approval in the Board of County Commissioners resolution grants the
applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined
in the resolution have been completed. Should you choose not to complete the Use by Special Review
process and provide the required Mylar Plat, the Department of Planning Services requests written
notification of your decision to withdraw the application and that the use is not active on the property.
If you are unable to meet the Conditions of Approval and record the plat by November 21, 2011 an initial
hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld
County Administration Building, located at 1150 O Street, at 9:00 am on November 21, 2011. It is
strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners
has the authority to grant additional time to meet all the conditions/requirements of approval and record
the plat or schedule a final determination hearing to rescind approval of Use by Special Review, AMUSR-
1508 and deny the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you -'
have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
"
C/V" �
i
Chris Gathman
Planner III
• •
October 16, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17th Ave
Greeley, CO 80631
RE: Use by Special Review Application (AMUSR-1508)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SENDER: COMPLETE THIS SECTION
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• •
Chris Gathman
From: Chris Gathman
Sent: Tuesday, October 04, 2011 11:11 AM
To: 'Kirk Goble'
Subject: RE: Richland
Attachments: 20063030.001.tif
Kirk,
We were given the direction to schedule all of our approved but still pending USRs.
We will need a new plat to be recorded (vs. resolution).
A lot of the information will be the same with the exception of the case#/development standards and providing the
protected well sites for existing wells and the future ability to twin the wells per the letter from Kerr-McGee.
- The only condition of approval for this case was evidence of approval from the FAA for the increased tower
height. Have you heard —has this happened?
I have attached the USR-1508 resolution for reference.
Hope you're going someplace nice!
Let me know if you have any questions.
Sincerely,
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
196 ! 2911
C'Ci'.1-14 Y
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.
From: Kirk Goble fmailto:kirk@bell5.com1
Sent: Tuesday, October 04, 2011 10:04 AM
To: Chris Gathman
1
Chris Gathman
From: Kirk Goble [kirk@bell5.com]
Sent: Tuesday, October 04, 2011 10:04 AM
To: Chris Gathman
Cc: Dirk Freeman
Subject: Richland
Chris - I received the letter regarding the Richland Towers AMUSR. Perhaps the confusion was in the fact that
the Amendment was only to allow installation of a "candelabra" to the top of the tower, which has not been
done. Since this would not affect any of the drawing on the plat, I assume a note on a plat would suffice to set
forth the amendment. I am working with the tower folks and Alpha Surveying to determine the best course of
action and will appreciate your input. If a note is adequate, what is the required verbiage? Might a recorded
Resolution suffice for this amendment rather than an entire new plat?
I will be out of town until Oct. 18. I'm sure the applicants will want this resolved and not withdrawn, so I will
continue to move forward and will contact you when I return. I don't leave until tomorrow (Wed. 5th) at noon,
so I'd appreciate a reply if you get a chance. I will have reasonable access to phone and email while I'm gone so
don't hesitate to contact me as necessary. Thanks Chris!
Kirk Goble, ALC
Broker,The Bell 5 Land Company
710 11th Avenue#107
Greeley, CO 80631
970-356-1618
kirkabell5.corn
www.bell5.com
Accredited Land Consultant
REALTORS Land Institute
1
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Chris Gathman
From: Chris Gathman
Sent: Monday, August 08, 2011 3:21 PM
To: 'curt.wilkinson@rtowers.com'
Subject: USR-1508 resolution & draft plat.
Attachments: 20063030.001.tif; 20063037.001.tif
Curt,
Here is the resolution for the Richland Towers site in Weld County, Colorado. I attached the preliminary plat map that
was submitted with the application. The plat will need to be finalized and recorded. The items to address prior to
recording the plat are on page 4.
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
tt e s 1 i
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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.
r' • •
•
1861 - 2011
DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave
W E L DEC O U T Y Greeley, CO 80631
cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
•
August 3, 2011
Richland Towers Denver North LLC
400 N. Ashley, Suite 3010
Tampa FL 33602
Re: Conditions of Approval; Amended Use by Special Review AMUSR-1508
Dear Applicant:
On November 15, 2006, your application for an Use'by Special Review was approved by the Weld
County Board of County Commissioners with specific Conditions of Approval. At this time the conditions
of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and
Recording.
One of the required Conditions of Approval in the resolution•grants the applicants thirty (30) days to
submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been
completed. Should you choose not to complete the Use by Special Review process and provide the
required Mylar Plat, the Department of Planning Services requests written notification of your decision to
withdraw the application and that the use is not active on the property.
Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of
Approval normally associated with land use cases, and is willing to work with you in completing your
request. Please notify the Department of Planning Services, in writing, within 10 working days of your
decision to complete the Use by Special Review within the next 60 days or withdraw the application.
If you chose to withdraw the application please sign and date the enclosed form and return to the Weld
County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631.
If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540.
Sincerely,
J
Chris Gathman
Planner III
pc: case file
t`
August 3, 2011
Department of Planning Services
Attn: Chris Gathman
1555 N. 17`"Ave
Greeley, CO 80631
RE: Amended Use by Special Review Application (AMUSR-1508)
Dear Mr. Gathman,
We wish to withdraw our Use by Special Review Application, Thanks.
Please attach documentation that the use is no longer active on the property in question.
Name date Name date
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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Identify Results • • Page 1 of 1
Parcel Summary
Parcel#: 131133200053
Owner: RICHLAND TOWERS DENVER NORTH LLC
Address: 400 N ASHLEY STE 3010
City: TAMPA
State: FL
Zip Code: 33602
Account#:R2533003
Other Accounts on this Parcel
Account Type #.of Account's
Oil 4
Detail Information:
. . • cm BUILDING
COa
PROPERTY PROFILE �att
http://maps2.merrick.com/Website/Weld/setSgl.asp?NAME=We1dIMS&cmd=search&LUI... 8/3/2011
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