HomeMy WebLinkAbout20111168 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /S CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 4 .5 3 - 3 1 . 4 . 0 0 _ 0 0 �.
(12 digit number-found on Tax LD. information,obtainable at the Weld County Assessor's Office,or www cc weld co.us)
Legal Description P4- W2,., $t4 Le+ B , Section 31 , Township 9 North, Range 67 West
Zone District: Total Acreage: 46.22 , Flood Plain: , Geological Hazard:
Airport Overlay District:
FEE OWNER(S)OF THE PROPERTY:
Name: Ensley, 6everIy A .
Work Phone# Home Phone # 990.493-8359 Email iti4rOputp ho+matl .cow
Address: S (2 Hann A
Address:
City/State/Zip Code For} Collins CO 20521
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 AGENT (See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Vtaero W;retess / Henry Jacobsen
Work Phone#(7o-x{67-0555 Home PISone #970.176-9533 Email henry.;acobseNp Via .c eroowf
Address: 135o W (o^ SF
Address:
City/State/Zip Code Lo vetand co 80537
PROPOSED USE:
-re(e corn nn%.ni C.L'hen s AKvk-net q Yews Sil-e.
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 that the signatory has to legal authority to sign for the corporation.
1 -25. 2011
Signa re: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
• EXHIBIT
2.
2011-1168
• Weld County Planning
Greeley,Colorado 80631
Beverly A Ensley, ("Grantor"), whose street address is 512 Hanna, Fort Collins, Colorado, 80521, has
executed with NE Colorado Cellular, Inc., a Colorado corporation, d/b/a Viaero Wireless ("Grantee")
whose street address is 1224 W.Platte Ave., Fort Morgan,Colorado, 80701 a purchase agreement acquire
a 46.22-acre parcel of real property,for the construction and operation of a telecommunications tower and
related facilities, within the following described property owned by Grantor, in the County of Weld and
State of Colorado,to wit:
46.22 acres, part of the W half of the SE quarter of Section 31, Range 9N
Township 67W, Lot B, Weld County, Colorado.
Grantor authorizes Grantee to make all necessary requests or demands to the necessary government
entities for the acquisition of said parcel for the stated purpose.
Grantor also authorizes Grantee to make all necessary applications for governmental approvals for the
stated purpose.
el CT
Executed and effective as of this of CC^v\,Q 2010,(the"Effective Date").
Grantor:
• Beverly A Ensley
By: / ` 1%1
STATE OF C O\ Cn't4 At"*.)
)
)ss.
COUNTY OF k (t 1 ;,r.c
The foregoing instrument was acknowledged before me this Z5- day of O( m\-,e 2010, by
Beverly A Ensley,as owner of the aforementioned Parcel..
Witness my hand and official seal.
My commission expires O57 ti r i ZW I I_
Notary Public
[SEAL]
JAMIE N
• °AMIELS
• Ur J kikosSICNEXP:RES.
Wry 18 2011
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
• REVIEW (USR) QUESTIONAIRE
The following questions are to be answered and submitted as part of the USR application. If a question does not
pertain to your use, please respond with"not applicable",with an explanation as to why the questions is not
applicable.
I. Explain, in detail,the proposed use of the property.
This property will be used as a TELECOMMUNICATION ANTENNA TOWER site.
2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the
Comprehensive Plan.
The Weld County Code Chapter 22 contains six Articles:
Article I: General Provisions
Article II: Types of Land Use
Article III: Land Use Amenities
Article IV: Environmental Resources
Article V: Natural Resources
Article VI: Economic Development
• This proposal would be addressed in the following sections:
Article I Sec. 22-1-120 (F). Economic Growth. Land use policies have a significant impact on economic
conditions in the County and should be structured to encourage economic prosperity and economic growth.
(Weld County Code ordinance 2008-13).
Article VI Sec. 22-6-10 (D). The County encourages economic development by promoting a positive-built
environment in which businesses and entrepreneurs are able to flourish. Quality development supports a
strong and vital economy. A common strategy of many economic development programs is retaining and
attracting businesses.
The availability of telecommunications, at competitive price, is a key element of economic growth. Viaero
provides affordable and enhanced wireless telephone services to the rural areas of Weld County.
3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and
the zone district in which it is located.
Per Sec. 23-4-820. General requirements, Paragraph 3: Antenna Towers are permitted by Special Use
Review in the following zone districts: C, I, A and PUD with Commercial or Industrial uses.
Please see the attached USR response to the Weld County Code, Sec. 23-4-830. Standards for
• TELECOMMUNICATION ANTENNA TOWERS.
Viaero Wireless Wellington USR- 1
4. What type of uses surround the site (Explain how the proposed use is consistent and compatible with
surrounding land uses).
•
This property, and all surrounding properties on all sides, are currently zone A(gricultural).
TELECOMMUNICATION ANTENNA TOWER is a permitted application under USR
5. Describe, in detail, the following:
a. Number of people who will use this site.
This will be an unmanned facility. Occasional visits (typically once per month) by one or more
technicians will occur, as required for site operation and maintenance.
b. Number of employees proposed to be employed at this site.
There will be no employees employed specifically at this site.
c. Hours of operation.
Because of network dependencies and the nature of telecommunications, this site must be continuously
in operation. However, it will operate as an un-manned facility.
d. Type and number of structures to be erected (built) on this site.
•
Structures include a 195'self-supporting unlighted tower, an electronics building approximately
9'x17'x8'(height), a small stand-by generator and a buried 1000-gallon propane tank(generator fuel).
e. Type and number of animals, if any, to be on this site.
No animals will be on this site.
f. Kind of vehicles(type, size, weight)what will access this site and how often.
The only vehicle traffic to this site,following construction, will be light utility vehicle (pick-up or
similar), once per month. This visit will be for maintenance purposes only.
g. Who will provide fire protection to the site.
Fire protection to this site will be through the Wellington Fire Department.
h. Water source on the property(both domestic and irrigation).
Not applicable. No water will be provided to this site.
Viaero Wireless Wellington USR-2
i. Sewage disposal system on the property(existing and proposed).
Not applicable. No sewer will be provided to this site.
j. If storage or warehousing is proposed,what type of items will be stored.
Not applicable. No warehousing or materials storage will be provided at this site.
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.
This site is currently in grass/hay(see attached photo'). No change will be made to this existing landscaping
except within the 60'x60'fenced area, which will be kept clear of vegetation for safety purposes.
7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity
occurs.
This site will be restored to its prior condition should it cease to be used for its stated purpose in this USR
8. Explain how the storm water drainage will be handled on the site.
There will be no change to existing drainage at this site. There is no natural drainage off the property.
Storm water tends to collect on the property and seep into the soil.
• 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to
begin.
Construction will begin within six (6) months after final approval and issuance of a building permit.
Construction will complete within three (3) months of construction start.
10. Explain where storage and/or stockpile of wastes will occur on this site.
Operation of the site as a TELECOMMUNICATION FACILITY will not generate waste. There will be no
storage or stockpile of wastes on this site.
•
Attachment 1: Photo of existing site showing existing landscaping.
Viaero Wireless Wellington USR -3
Weld County Code Chapter 23 (Zoning)
• Article IV: Supplementary District Regulations and Zoning Permits
Division 9: Commercial Towers
Sec. 23-4-830. Standards for TELECOMMUNICATION ANTENNA TOWERS.
A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a use by right, accessory uses, subject to
Zoning Permit for TELECOMMUNICATION ANTENNA TOWER per height guidelines.
The proposed tower would be 195' in height. Thus,per this section, Use by Special Review (USR) approval
is required.
B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high must be
located at least one thousand(1,000)feet from other TELECOMMUNICATION ANTENNA FACILITIES.
Viaero affirms that there are no such towers within one thousand(1,000)feet from this proposed tower.
C. The application must address the following standards:
1. Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the
• telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA
TOWER.
Viaero's proposed tower must provide a microwave link from Ault to the Owl Canyon area in Larimer
County. It must also provide a microwave link to a cellular site in downtown Loveland. As such, the
tower must have line-of-sight to these three locations. There is no existing TELECOMMUNICATION
ANTENNA TOWER that meets this criteria. The only existing towers within five miles of the proposed
tower are as follows,per the FCC Tower Registration System (see attached 2):
Registration No. 1024111 Jacor Broadcasting 40-40-50 N 104-46-34 W 647 ft.
1046368 Public Radio/Front Range 40-39-58 N 104-52-02 W 302 ft.
These towers are broadcast towers and unsuitable for cellular collocation.
2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft.
See attached "2C"filing of the tower location with the FAA3, and FAA's return affidavit entitled
"Determination of No Hazard to Air Navigation'" affirming that the proposed tower satisfies this
requirement.
• 2 Attachment 2: FCC Antenna Structure Registration, 5-Mile(8-Km)Search Ring from Proposed Tower Center
Attachment 3: FAA Tower Certification, dated November 4,2010.
4 Attachment 4: FAA "Determination of No Hazard to Air Navigation",3 Pages,dated December 27,2010
Viaero Wireless Wellington USR -4
3. The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property contain on site all
• ice-fall or debris from tower failure.
The tower will be sited over 200'feet from the any and all property boundaries. This is 100% of the fall
radius of the tower. Ice fall debris would fall well within this radius. On very rare occasions, ice falls
vertically from the tower but does not travel any great distance from the tower. Viaero follows standard
industry practice by installing an "ice bridge" between the electronics building and the tower, to
prevent falling ice from guillotining coaxial cables passing from the building to the tower.
4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO-
LOCATION.
Viaero affirms that this TELECOMMUNICATIONANTENNA TOWER will be available for collocation
at fair market rate, subject only to customary structural and interference analyses. A letter of intent to
this effect is included in this application atAttachmentl6.
5. The TELECOMMUNICATION ANTENNA TOWER shall have the least practicable adverse visual
impact on the environment.
This tower has been sited on the eastern side of the Larimer County/Weld County bluff at an altitude 50
feet lower than the crest of the bluff This location will obscure the lower 25% of the tower and all
associated buildings from the west. The area to the east is sparsely populated
• 6. The TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will adversely affect
human health.
Viaero affirms that the proposed TELECOMMUNICATIONANTENNA TOWER shall operate within all
safety guidelines pertaining to radiation and human health, per FCC rules and industry best practices.
Please note that the Federal Telecommunications Act of 1996 prohibits jurisdictions from denying a
cellular application,for reasons of radiation and health',provided this condition is met.
7. The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height needed to
accommodate the telecommunication antenna.
The critical height requirement for Viaero is for the establishment of a viable microwave path to the
Viaero tower east of Ault. The proposed TELECOMMUNICATION ANTENNA TOWER height of 195'
provides a minimum path to Ault with "knife-edge" grazing, but correctable with proper diversity
spacing of the microwave dishes. Profile of this microwave path is attached 6.
5 Section 332(c)(7)of the Communications Act preserves state and local authority over zoning and land use decisions for
personal wireless service facilities, but sets forth specific limitations on that authority. .. The statute ... preempts local
• decisions premised directly or indirectly on the environmental effects of radio frequency(RF)emissions, assuming that the
provider is in compliance with the Commission's RF rules.
6 Attachment 5: Wellington East-Ault East 5.9 GHz Path dated 11/30/2010. Prepared by Viaero Engineering.
Viaero Wireless Wellington USR- 5
8. The TELECOMMUNICATION ANTENNA TOWER shall comply with all applicable federal and state
• regulations.
Viaero affirms that the proposed tower site has been reviewed by all required federal and state
agencies, including the following: Colorado Office of Archaeology and Historic Preservation ', United
States Department of the Interior, Fish and Wildlife Services 8 , FAA and FCC. An NEPA checklist 9
prepared by the Viaero staff is also attached affirming compliance with this requirement.
9. The design of the propose TELECOMMUNICATION ANTENNA TOWER shall insure structural
integrity.
Viaero special-orders its towers to meet industry standards defined by ANSI/TIA/EIA-222-F
This design includes a safety factor ranging from 1.25 to 2.00, depending on tower specific
tower elements. Viaero requires that its tower manufacturer, Nello Corporation, include an
additional safety factor of I.18. The end result is that Viaero's towers are designed to
conservatively withstand a sustained wind of 95 mph with an ice coating of'A", and to safely
withstand wind gusts in excess of 135 mph.70
10. The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to
discourage unauthorized climbingand to insure the security thereof.
Viaero will enclose the tower and associated buildings with a 6' chain-link fence with barbed wire
• outriggers. The tower will be constructed with industry-standard anti-climb protection.
1L All reasonably possible sites for the proposed TELECOMMUNICATION ANTENNA TOWER have
been considered, and the proposed site is the most appropriate, available site from a land use
perspective.
By virtue of the requisite microwave path (Ault - to proposed site—to Owl Canyon), it is essential that
the proposed tower be placed on or near the bluff immediately east of the Weld-Larimer County line.
Much of this ridge line is populated with high-value homes due to the excellent mountain vistas to the
west. This proposed site is situated in agricultural land, and will not interfere with the aforementioned
residential views.
12. The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact wildlife.
See letter affirming this, as provided by the USDA Fish and Game Department,previously referenced.
Attachment 6: Letter from Colorado Office of Archaeology and Historic Preservation, dated January 5,2011
8 Attachment 7: Letter from United States Department of the Interior,Fish and Wildlife Services, Dated December 20,2010
• 9 Attachment 8: NEPA Checklist prepared by Viaero,dated December 15,2010
10 Attachment 9: Tower Integrity Letter,Nello Corporation,dated January 11,2010. Although addressing a proposed tower
in Kiowa,Colorado,the referenced tower is essentially identical to the one proposed for Wellington.
Viaero Wireless Wellington USR- 6
13. Decommissioning Plan for the proposed TELECOMMUNICATION ANTENNA TOWER.
• Viaero affirms that it will decommission (disassemble and remove) the proposed tower should it cease
to be utilized as a telecommunications site. See attached affidavit' .
D. TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks.
The proposed TELECOMMUNICATION ANTENNA TOWER will be set back a minimum of 200'from all
property lines and roadways. This is in excess of the 100% tower height of 195'. As a self-supporting tower,
there will be no guy wires associated with the structure.
E. Equipment Design.
1. Antennas attached to roof or structure wall.
Not applicable to the proposed TELECOMMUNICATION ANTENNA TOWER
2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth-tone colors that
blend, to the extent possible, with the surrounding building and natural environment unless state or
federal regulations require specific colors.
The proposed TELECOMMUNICATION ANTENNA TOWER will be left in its natural galvanized gray
color, which has proven to be the best all-weather color for blending tall towers into the skyline and
landscape.
3. TELECOMMUNICATION ANTENNA TOWERS artificial lighting.
This tower will not be lighted unless Viaero is specifically directed to be so by the FAA. Please note that
the FAA has deemed that lighting is not required at this time.
4. Equipment buildings.
The only building proposed for this TELECOMMUNICATION ANTENNA TOWER site will be a low-
profile building approximately 9'x17'x8'h. It will be constructed of a tan composite material designed
specifically for durability and environmental protection of the electronics to be constructed therein.
Since the surrounding area is rural/agricultural, no additional screening is proposed for the buildings.
5. Maximum permissible noise level.
Viaero affirms that it will conform to the requirements of this regulation.
•
Attachment 10: Viaero Letter—Decommissioning Plan dated December 3,2010
Viaero Wireless Wellington USR- 7
F. Base or Accessory Site Design
• 1. Screening and landscaping.
The TELECOMMUNICATION ANTENNA TOWER site is located on agriculture land Although the
tower will be visible from adjacent homes, there is only two residential structures within a half mile of
the TELECOMMUNICATIONANTENNA TOWER. The first is 550'west of the tower, and the second is
2100' east of the tower. The tower is only visible from the undeveloped county road CR98, which
receives a minimum of local traffic. Approximately 0.5 miles to the east there is a high-voltage
transmission line with towers of considerable height. Thus, the proposed tower is not out of character
with the surrounding environment. As stated by the closest resident (Wayne and Marianne Wolf,
immediately west of the tower) "We have power lines all over this area, what's one more tower"
2. Existing vegetation on the site will be preserved to the extent possible.
This vegetation consists of natural grasses. Viaero will preserve this vegetation to the extent possible.
See Attachment 1 for a picture of existing natural vegetation.
3. Limited Signage.
Signage at the site will be limited to required FCC identification and industry-standard warning signs.
4. Unmanned Facilities.
• This TELECOMMUNICATIONANTENNA TOWER site will be unmanned and will not be utilize for any
manned office, long-term vehicle storage or other outdoor storage or use.
G. Abandonment.
Viaero will own this site. Viaero submits a Decommission Plan (Attachment 10) affirming that it will remove
the improvements as outlined in these application plans, plats and other supporting documents, should the
site cease to be used as a communications facility.
•
Viaero Wireless Wellington USR- 8
Sec. 23-4-840. Supplemental Use by Special Review Permit application requirements for
TELECOMMUNICATION ANTENNA TOWERS.
• A. Application Contents.
1. Site Plan. See attached Site Plane.
2. Vicinity Map showing adjacent properties, general land uses, zoning and roadways:
a. Within one hundred(100)feet of a proposed attached antenna site.
Not applicable. There are no adjacent properties within one hundred (100)feet of the proposed
antenna site.
b. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNA
CONCEEALED, temporary TELECOMMUNICATION ANTENNA TOWER or micro-cell
TELECOMMUNICATION ANTENNA TOWER site.
Not applicable. The proposed TELECOMMUNICATION ANTENNA TOWER will not be concealed,
temporary or micro-cell.
c. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNA TOWER
site.
• See attached Adjacent Landowner Details 13.
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.
See attached elevation drawings containing the requested information.
4. Photo-realistic renderings (photosvms) of the site after construction, demonstrating the true impact of
the TELECOMMUNICATION FACILITY on the surrounding visual environment.
See attached photsys r'.This rendering is taken from a distance of approximately 0.4 miles, looking east-
to-west.
• 12 Attachment 11: Special Review Permit Plan Maps and Location Map,prepared by Contract Surveyors LLC. Three Pages.
13 Attachment 12: Adjacent Landowner Details, prepared by Viaero Wireless. Two pages.
14 Attachment 13: Photo Simulations of Proposed Tower.
Viaero Wireless Wellington USR- 9
5. A report describing the TELECOMMUNICATION FACILITY and the technical, economic (if deemed
necessary the 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.
Viaero Wireless is a regional cellular provider operating in five states: Colorado, Nebraska,
Kansas, Wyoming and South Dakota. Viaero provides voice, data and emergency (E911)
services to rural areas which are traditionally under-served Viaero utilizes GSM 15
technology. Viaero is licensed to provide wireless services in both Weld and Larimer Counties.
Viaero upgrades its facilities to keep pace with the evolution of wireless services.
As a rural provider, Viaero must rely on microwave technology for interconnecting its
transmitting towers. The proposed Wellington tower must connect to the nearest adjacent tower
in the Viaero network, which is located east of the town of Ault approximately 19.6 miles to the
east-southeast. The proposed Wellington tower will serve as a hub microwave location for
Viaero's network westerly expansion into Larimer County. Future microwave links would
include, but not be limited to: (1) Owl Canyon; (2) Fort Collins Downtown; (3) Loveland
North; and (4) Loveland Downtown. The location of the proposed tower site was chosen
because of its line-of-sight access to these five locations. Any alternate tower location farther
west would lose the path to Ault; any location farther east would lose the four Larimer County
paths listed above. Tower height (195) is the minimum height that supports the requisite
connections with industry-established reliability.
Viaero equipment to be installed on the tower would include, but not be limited to, the dishes
• necessary to support five microwave links and a conventional cellular antenna array. Dishes
are likely to be 8' in diameter, per design requirements (including FCC requirements) for
microwave systems operating in the 6 GHz band
Self-supporting towers are constrained more by lateral (wind shear) loading rather than vertical
(weight) loading so it is impossible to state with certainty what its "capacity" is without knowing the
number and size of dishes and antennas to be installed. The proposed tower (manufactured by the Nello
Corporation) will be capable of supporting all of the dishes and antennas Viaero proposes to install. It
is expected that the tower will be capable of supporting up to three additional collocators. As is
standard within the industry, each collocation request will be analyzed by the manufacturer for loading
impact based on the number and size of antennas and dishes to be added
6. The FAA response to the Notice of Proposed Construction (FAA Form 7460-1 or equivalent).
See attached FAA Form 7460-1 or equivalent, referenced earlier as Attachment 4.
7. And agreement detailing responsibility for landscaping, screening, site maintenance and the replacement
of dead plant material.
See attached landscaping agreement 16
• 15 GSM: Global Standard for Mobile.The primary technology used world-wide for cellular telephony. Other users of GSM
include AT&T and T-Mobile,both of whom are"roaming partners"of Viaero.
16 Attachment 14: Landscaping Agreement dated December 3,2010
Viaero Wireless Wellington USR - 10
• 8. A schedule for the installation of landscapingand screening, if applicable.
Not applicable. This TELECOMMUNICATION FACILITY is in rural agricultural land. Except for the
60'x60'equipment area (fenced for security), the site will be left in its current, natural landscaping. No
screening of the site is proposed, as this will only serve to draw more attention to this rural site.
9. A letter of intent to allow CO-LOCATION on the TELECOMMUNICATION ANTENNA TOWER.
See attached letter of intent on collation ".
10. A letter of intent which addresses removal of the facility at the expense of the
TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned.
See attached Decommissioning Plan,previously referenced
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.
Viaero includes in this application a map (Attachment 16) indicating the service area radius of its
proposed TELECOMMUNICATIONANTENNA TOWER M. There are no other Viaero towers within ten
• miles of the proposed TELECOMMUNICATION ANTENNA TOWER (The closest Viaero tower is east
of Ault, a distance of 19.6 miles.) Viaero affirms its right to operate in license areas granted by the
FCC. Viaero defers comment on the service area/radius of other existing service providers, as the FCC
provides for carriers to exercise their duly issued licenses independent of other carriers.
1'Attachment 15: Collocation Agreement dated December 3,2010
18 Attachment 16: Wellington PCS Coverage Maps dated 8/25/2008. Two pages.
Viaero Wireless Wellington USR- 11
B. TELECOMMUNICATION FACILITY Inventory. First Application Only.
• Not applicable. This is not the first tower application made by Viaero in Weld County.
Sec.23-4-850.Application review of TELECOMMUNICATION ANTENNA TOWERS.
Viaero affirms compliance with the requirements of this section of USR regulation.
A. Technical Issues and Expert Review. The Department of Planning Services may require the applicant to pay
reasonable costs of a third-party technical study of a proposed TELECOMMUNICATION FACILITY.
Selection of experts to review the proposal will be at the sold discretion of the County_
B. Building Permits. Zoning Permit and Use by Special Review approval of TELECOMMUNICATION
FACILITIES are separate from the building permit review process.
Sec. 23-4-870. Zoning Permit for TELECOMMUNICATION ANTENNA TOWER permit application
requirements.
A. Name, address and telephone number of applicant.
B. Name, address and telephone number of land-owner, if different.
• C. Parcel number and legal description of the property for which the application is made.
D. Evidence of interest in the subject land held by the applicant.
E. Number of acres of the property.
F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNA TOWERS, structures and other improvements related to the
TELECOMMUNICATION FACILITY, showing specific materials, placement and colors.
G. County road access information sheet.
H. A vicinity map showing adjacent properties, general land uses, zoning and roadways.
•
Viaero Wireless Wellington USR- 12
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FCC Federal FCC Home Search I Updates I E-Filinq I Initiatives I For Consumers I Find People
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Latitude='40-41-49.7 N', Longitude='104-S5-59.0 W', Radius=8 Kilometers
Display: Basic View . 00'
Overall
Height
Above
Registration File Structure Ground
Number Status Number Owner Name Latitude/Longitude City/State (AGL)
• 1 1024111 Constructed A0388699 JACOR 40-40-50.0N FORT 197.2
BROADCASTING 104-56-34.0W COLLINS,
OF COLORADO, CO
INC.
2 1046368 Granted A0054629 PUBLIC RADIO 40-39-58.0N NUNN, CO 92.0
FOR THE FRONT 104-52-02.0W
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FCC I Wireless I UL_S I CORES Help I Tech Support
Federal Communications Commission Phone: 1-877-480-3201
445 12th Street SW TTY: 1-717-338-2824
• Washington, DC 20554 Submit Help Request
V tAElas —Attk u-r 0'
CONTRACT SURVEYORµ, LTD.
2133 SOUTH BELLAIRE STREET, SUITE 14
•
yl�
DENVER, COLORM1 30222
FAA TOWER LERTIMICATi ION
T E: November 4,2010
WELLINGTON,CO. CELLULAR TOWER SITE
Located approximately 3.5 miles East of the Town of Wellington, Colorado.
Approximately 230 feet North of the Weld County Road 98,and 2800 feet East
of Weld County Road 13. All within the County of Weld, State of Colorado_
In SE 'A of Section 31, T. 9 N.. R. 67 W. of the 6th PM
i hereby certify that the following Latitude and Longitude values for the center of the above-
referenced tower are accurate to within+/-50 feet horizontally; and that the following tower site
elevation is accurate to within+/-20 feet vertically. These meet or exceed 2-C requirements.
Center of the proposed Tower
• NAP 1983 NAP 1927
Latitude: 40°41'49.72" (N) Latitude: 40°41'49.79"(N.)
Longitude: 104° 55' 59.05"(W.) Longitude: 704°55'57.15"(W.)
Elevation:
NAVE,' 1988 NGVD 1929
5407 452 5404.42
000 LreF
38010 :�
Dan R. Griggs PLS 38018
President ssi
4L LAt1 '
Telephone:303-756-3695 Fax: 303-758-5748 Cell: 303-910-3565 Toll-Free 1-800-860-5920
E-Mail: chic_0@gwestoffiice.net
•
Nit AERO- &ilaJ oK# O3
Federal Aviation Administration Aeronautical Study No.
Air Traffic Airspace Branch, ASW-520 2010-ANM-2548-OE
2601 Meacham Blvd.
• Fort Worth, TX 76137-0520
Issued Date: 12/27/2010
Kevin P. Delaney
Industrial Tower and Wireless, LLC.
40 Lone Street
Marshfield, MA 02050
** 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 Wellington East
Location: Wellington, CO
Latitude: 40-41-49.70N NAD 83
Longitude: 104-55-59.00W
Heights: 200 feet above ground level (AGL)
5607 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:
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to
this office any time the project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part I)
_X_Within 5 days after the construction reaches its greatest height(7460-2, Part II)
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 expires on 06/27/2012 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
•OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
Page 1 of 3
V(AERO - Milu tww.cF O4-
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates , heights,
Ofrequency(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 (FCC)because the
structure is subject to their licensing authority.
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 2010-ANM-2548-OE.
Signature Control No: 132995901-134814882 ( DNE )
Tameria Burch
echnician
Attachment(s)
Frequency Data
cc: FCC
I
Page 2 of 3
Frequency Data for ASN 2010-ANM-2548-OE
LOW HIGH FREQUENCY ERP
• FREQUENCY FREQUENCY UNIT ERP UNIT
698 806 MHz 1000 W
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
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5 January 2011 CHS #58675
Alan Covelli
Viaero Wireless, Inc.
1224 West Platte Ave.
Fort Morgan, CO 80701
RE: Placement of a cellular antenna Viaero Wireless/NE Colorado Cellular, Wellington
equipment facility at: Southeast Y.of Section 31,Township 9N, Range 67W
Wellington, Weld County
Dear Mr. Covelli:
Thank you for your recent correspondence concerning the installation of a cellular facility at the
above address(a project having Federal Communication Commission involvement). Our office
has reviewed the submitted materials.
• X_ There are no cultural resources in the Area of Potential Effect(APE).
No historic or archaeological resources will be affected by this project.
No historic properties will be affected by this project. However, there is a possibility that
historic and/or prehistoric subsurface resources are located in the APE. If artifacts are
discovered during the course of construction, please stop work immediately and contact
our office for further guidance.
The proposed project will have no adverse effect on cultural resources within the APE.
The proposed project will result in an adverse effect. Please refer to the attached letter for
more details.
If you have any questions, please feel free to contact Joseph Saldibar, Architectural Services
Manager, at(303) 866-3741. We look forward to hearing from you.
ncerey,
Edward C.Nichols
State Historic Preservation Officer and
President, Colorado Historical Society
• OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION
303-866-3392 * Fax 303-866-2711 * E-mail:oahp@chs.state.co.us* Internet: www.coloradohistory-oahp.org
- I - THE COLORADO HISTORICAL SO
:1VIC CENTER PLAZA 1560 BROADWAY SUITE 400 DENVER COLORADO 80202 www.historycolorad
V t Lao-.Aitkc l„t u4 Ot
United States Department of the Interior
1/4
• "'r��' FISH AND WILDLIFE SERVICE f .
Ecological Services
Colorado Field Office
P.O. Box 25486 DFC (65412) a..�
Denver, Colorado 80225-0486
IN REPLY REFER To.
ES/CO: Cell Tower/Viaero/Wellington
TAILS: 65412-2011-TA-0112
DEC 2 0 2010
Alan Covelli
Site Acquisition Coordinator
Viaero Wireless
1224 West Platte Avenue
Fort Morgan, Colorado 80701
Dear Mr. Covelli:
The U.S. Fish and Wildlife Service(Service)received your letter dated November 19,2010,
regarding NE Colorado Cellular's proposed"Wellington"wireless telecommunications project
in Weld County, Colorado. On December 10, 2010, you provided additional information about
this project in a telephone conversation with Craig Hansen of the Colorado Field Office. NE
• Colorado Cellular proposes to construct a 195-foot tall self-supporting tower with a 9-foot by 17-
foot equipment building on a 50-foot by 50-foot parcel surrounded by an 8-foot tall chain link
fence. The project area is 230 feet to the north of County Road 98 on a 46-acre privately owned
lot. The proposed tower is unlit and does not require guy wires or an access road.
Your letter requests a written response with any concerns that the Service might have regarding
the development of this wireless communications tower. You indicate that Viaero employees
have observed and determined that the proposed facility will have no adverse effects on any
listed species or habitats in the area. These comments have been prepared under the authority of
the Endangered Species Act of 1973 (ESA), as amended(16 U.S.C. 1531 et seq.), the Bald and
Golden Eagle Protection Act of 1940 (BGEPA), as amended(16 U.S.C. 668 et seq.), and the
Migratory Bird Treaty Act of 1918 (MBTA), as amended(16 U.S.C. 703 et seq.).
From the Federal Aviation Administration's Digital Obstacle File(DOF), the Service observes a
647-foot tall, pre-existing tower approximately 1.3 miles to the south of the project area in Weld
County. You indicated that collocating antennas at this tower is not possible because of design
issues related to the cellular network.
Based on the information that you have provided, the Service agrees that the proposed tower,
equipment shelter, and chain link fence are not likely to impact any federally threatened or
endangered species, or impact any designated or proposed critical habitats. Should project plans
change, or if additional information on the distribution of listed and proposed species becomes
available,this determination may be reconsidered.
•
V tD.Etto - ts4kc. .nsnt
Page 2
The Service appreciates the opportunity to work with you on NE Colorado Cellular's proposed
• "Wellington"communications tower. If the Service can be of any further assistance,please
contact Craig Hansen of the Colorado Field Office at(303)236-4749.
Sincerely,
Susan C. Limier
Colorado Field Supervisor
cc: USFWS, Craig Hansen
•
•
FCC ENVIRONMENTAL COMPLIANCE CHECKLIST
• Market: l Contact Person:
Site: W61 /lIl9I0 h (t) Contact Number 47o ,S 'a -3ga(o
YES jjQ
1. Will the facility be located in an officially designated wilderness area?
— X 2. Will the facility be located in an officially designated wildlife preserve?
)c 3. Will the facility affect listed, threatened or endangered species or
designated critical habitats?
1\ 4. Is the facility likely to jeopardize the continued existence of any
proposed endangered or threatened species or likely to result in the
destruction or adverse modification of proposed critical habitats?
' \ 5. Will the facility affect districts, sites, buildings, structures or objects
listed, or eligible for listing, in the National Register of Historic Places?
K�(. 6. Will the facility affect Indian religious sites?
7. Will the facility be located in a flood plain?
• X 8. Will the construction of the facility involve a significant change in
surface features (e.g., wetland fill, deforestation, or water diversion)?
9. Is the site located in or near a residential neighborhood, as defined by
the applicable zoning law? If so, will the antenna tower and/or
supporting structure be equipped with high intensity white lights?
10. Could the proposed facility potentially cause exposure of workers or
general public to levels of radio frequency radiation in excess of the
standards set forth by ANSI/IEEE?
IF ALL OF THE QUESTIONS ABOVE WERE ANSWERED"NO",NO FURTHER ACTION IS REQUIRED
FOR FCC ENVIRONMENTAL PURPOSES.
IF ANY OF THE ABOVE QUESTIONS WERE ANSWERED "YES", YOU MUST PREPARE AN
ENVIRONMENTAL ASSESSMENT AND FILE IT WITH THE FCC. NO CONSTRUCTION MAY BEGIN
UNTIL THE FCC HAS REVI ED THE ASSESSMENT AND APPROVED THE PROPOSAL.
Signature Date
•
VIstao- At4wcltnne...t 0f
211 W. Washington S
Suite 2001
South Bend, IN 466O
a (574)286-363:
E L L O Fax: (574)288-5861
CORPORATION www.nelloinc.con
January I I,2010
Kim Bailey
Viaero Wireless
1220 West Platte Avenue
Ft.Morgan,CO 80701
(970)867-6767
Re' Safety and Fall Radius of Nello Towers and Poles
NSK 26.0 x 195.3'—Kiowa,Albert County,CO
The following addresses the safety and general design criteria used for towers and poles designed and manufactured by Nello
Corporation. Nello towers are designed to meet or exceed industry standards defined by ANSIPTIAJEIA-222-F."Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"(EIA Standard). This is the design standard that is
referenced by national and state building codes. Tower failures are very rare,and because of the conservative nature of tower
design,those caused by extreme wind speeds are even rarer. The few failures that do occur typically happen as a result of
improper installation or erection.vandalism,or an act of God such as a tornado.
Towers are designed using extreme wind conditions. For each county in the United States the FAA Standard lists a 50-year
design wind speed,which statistically has only a 2%chance of occurring at that louttion in any given year. These wind speeds
are derived from meteorological data collected around the country over many years. The design wind pressure is then escalated
with the height of the tower. For example,the wind pressure at the top of a 200-foot tower is 67%greater than at the base of the
tower. The wind forces are also increased by applying a gust factor.
• The tower members and connections are designed using allowable stress design. This approach reduces the allowable capacity of
a member or connection by dividing by a safety factor ranging from 1.25 to 2.00. In addition to the aforementioned safety factors
which are required by ANSI/GA/MA-222-F."Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures"Viaero Wireless requires that this tower is designed to have another safety factor of 1.18.Tower members are chosen
so that their reduced capacities are greater than the actual loads. Factors of safety prevent the tower from being structurally
damaged at the instant the design wind speed occurs.
Although we cannot guarantee exactly how a tower would fall if it were to fail,the most likely mode of failure will be a buckling
failure of one of the tower legs due to excessive compression loading, the tower leg with the highest compressive stress ratio is
located at the 4W - 60' level. The stress ratio in that leg is calculated to be 69.5%of the code-permitted compression loading.
Given that the tower leg with the highest stress ratio will most likely fail first,the proposed tower would fail at the 40'level with
the top 155'of the tower collapsing. Depending on the conditions at the time of failure and the stress levels in structural
members helow the 40' level,the top 155'of the tower would likely tall within a 160' fall radius.
If you have any other questions or concerns regarding the design of your site-specific tower,please contact our engineering or
sales ern.
Sincerely, \ NMEs
fi %c
anlanello.P - Ve:
President 35557 —
•
2010
.F r....,..�tii�; JAN 11
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win ireless
December 3, 2010
Weld County Planning Department
1555 N 17th Ave, Greeley CO 80631
Subject: Viaero Wireless Cell Tower: Wellington
Decommissioning Plan for the Proposed Telecommunications Antenna Tower
Viaero affirms that it will decommission, disassemble and remove the proposed tower and the
associated building, generator, buried propane tank and enclosing fence, should the site cease to
be used for its stated and intended purpose of providing telecommunications services.
• Henry Jacobsen
Viaero Wireless, Site Acquisition/Engineering Specialist
1350 West 6th Street
Loveland CO 80537
•
V\d's" are , ns(me '/C'f_1 are.
1224W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.cor
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• wireless
December 3, 2010
Weld County Planning Department
1555 N 17th Ave, Greeley CO 80631
Subject: Viaero Wireless Cell Tower: Wellington
Landscaping Agreement for the Proposed Telecommunications Antenna Tower
Viaero affirms that with exception of these two stated areas stated below,the site will be left in
its current, natural landscaping.
• Areas of exception: the fenced area surrounding the tower, which must be kept free of vegetation
for safety reasons; and
the short access road from CR98 to site (approximately 200' in length).
Area disturbed during construction will, within one growing season, be returned to its current,
natural landscaping. Viaero assumes responsibility for site maintenance,weed control, and the
replacement of dead plant material.
JhKnj Jacobus.
Henry Jacobsen, PE
Viaero Wireless, Site Acquisition/Engineering Specialist
1350 West 6th Street
Loveland CO 80537
•
We are where you are .
1224W Platte Ave • Fort Morgan, CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.com
V(AFRO-A*ttk+tc.* 1
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• Aprilwireless
December 3, 2010
Weld County Planning Department
1555 N 17th Ave, Greeley CO 80631
Subject: Viaero Wireless Cell Tower: Wellington
Letter of Intent: Collocation
Viaero affirms its willingness to allow collocation on this proposed tower, subject to mechanical
(loading) and frequency (non-interference) studies. Viaero will not impose unreasonable fees or
place undue restrictions on potential collocation customers.
• Viaero affirms that this proposed tower is being constructed with appropriate materials and
design to allow a minimum of three (3) collocation customers, in addition to its own facilities
(dishes and antennas).
3{ nvM J4&4)rfcs4
Henry Jacobsen,PE
Viaero Wireless, Site Acquisition/Engineering Specialist
1350 West 6th Street
Loveland CO 80537
•
We ere vvhene you ens .
1224W Platte Ave • Fort Morgan,CO 80701 • Office 1.970.768.0000 • Fax 1.970.867.3589 • www.viaero.com
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�2 C00 Weld County Public Works Dept.
3� � 1111 H Street ACCESS PERMIT
•0 ,s, dr co P.O. Box 758
`�`° Greeley, co 80632 APPLICATION FORM
�/c W9@ Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name Henry Jacobsen PE Name Bever/ A. Ens/7,
Company V/aero Wireless Address S/2 got nna
Address /35o W 6h St City Fd. Collins State Co Zip 80521
City LDve,/tnd State Co Zip 80537 Phone (47O) 913- 8359
Business Phone 970) 4 67- OSSS Fax .-
Fax ( 170) 947-3589 E-mail Awn-Fry 0 1zo niaJ. Conn
E-mail hCnr.jet cobs en a riaero . eon" ♦= Existing Access A= Proposed Access
Parcel Location&Sketch
The access is on WCR 9 8
Nearest Intersection: WCR 48 &WCR l3 wcR
Distance from Intersection 0.53 ,nele)
Parcel Number O4ls 33/µ 0000 S ri)
Section/Township/Range Sf3 - To 1 - R67 t
u
• Is there an existing access to the property? ES NO Ni 3 3u
Number of Existing Accesses O )
Road Surface Type&Construction Information 0.53 4`•.
Asphalt Gravel Treated Other X -- WCR 98
Z
Culvert Size &Type hone. _ flak Nutt* is
-? kndew/er- ‘.... 11.4
Materials used to construct Access hone. aru •• • t .c ..., 4.
Construction Start Date 6/ 1./I Finish Date /If 7�ro `t 4 te.
Proposed Use
c Temporary (Tracking Pad Required)/$75 E Single Residential/$75 ❑ Industrial/$150
❑ Small Commercial or Oil& Gas/$75 o Large Commercial/$150 ' ❑ Subdivision/$150
❑ Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? ❑ No c USR ❑ RE ❑ PUD ❑ Other
Required Attached Documents •
- Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, & into the access)
By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity; and that by virtue of their signature the
"'Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances, and state laws
regarding facilities construction.
Signature Printed Name gen `T"`en'"t'''— Date 4 Feb 2-grill
Approval or Denia ii be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
•
File contains digital
application materials
•
Please See CD in Original File
•
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