HomeMy WebLinkAbout20111519.tiff Christie Peters
From: Chris Gathman
Sent: Tuesday, June 07, 2011 8:28 AM
To: Jim Woodward
Cc: Christie Peters; Kristine Ranslem
Subject: RE: USR-1776
Attachments: 20111175.of
Dear Mr. Woodward,
Here is a letter that was submitted the evening before the hearing that was part of the record at the 5/18 Board of
County Commissioners hearing.
Upon reviewing our minutes system it appears the hearing Certificate is still being finalized and the Board of County
Commissioners resolution is waiting to be signed and scanned in. Any questions re: the status of these can be addressed
either to Christie Peters (cpeters@co.weld.co.us) or Esther Gesick (egesick@co.weld.co.us). FYI: Esther is out of the
office until next week.
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
0 o- ^Y J i i
W FAO
u
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: Jim Woodward jmailto:jbw@frii.comj
Sent: Saturday, May 28, 2011 10:34 PM
To: Chris Gathman
Cc: Kristine Ranslem; Cathey Peters; Esther Gesick
Subject: RE: USR-1776
Chris,
Thanks for sending these documents. Would you please send me all additional documents added to the
case/administrative record that have not previously been sent?
Jim Woodward
2011-1519
C(mmtl,/ athen,--- (o-ao-2o/1 1
,o Zii(iv
P.O. Box 599
Wellington, CO 80549
970-402-7679
all
rom:Chris Gathman Jmailto:cgathman@co.weld.co.usl
Sent: Friday, May 13, 2011 7:26 AM
To:Jim Woodward
Cc: Kristine Ranslem
Subject: RE: USR-1776
Jim,
Here are the e-mails, documents, letters...that were received since your last request for information. Additionally Mr.
Jacobsen submitted a letter of apology at the Planning Commission hearing. I do not have a copy of this letter.This letter
(along with the case file) has been forwarded to the Clerk to the Board Office for scanning. It will become part of the
digital record for this case. I have checked our records system and it has not been scanned yet. You can contact either
Christie Peters—cpeters@co.weld.co.us or Esther Gesick—egesick@co.weld.co.us.
Please note that the Planning Commission meeting minutes are "draft" minutes at this time.The Planning Commission
has to formally adopt/approve the minutes at their next hearing (June 7`h)
It is my understanding that Kris Ranslem with our office is going to contact or has already contacted you regarding the
audio record of the May 3r° hearing.
Let me know if you have any questions.
Illncerely,
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
9,. i I' ll
alli-er ii
WE,0 COJN'
u_
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:Jim Woodward Jmailto:ibw@frii.coml
Op:
Wednesday, May 11, 2011 9:19 AM
o: Chris Gathman
Cc:frank@viaero.com; 'Henry D.Jacobsen'; 'Karen Wolff'
Subject: USR-1776
2
Hi Chris,
ould like to purchase a CD of the May 3, 2011 Planning Commission meeting. Please let me know when I could pick
at up.
Also,would you please send me electronic copies of the following records relating to case number U5R-1776:
1. Any emails, letters, or other documents submitted by the applicant since my last records request.
2. Any emails or other documents created by Department staff since my last records request.
3. Any referral comments received by the Department since my last records request.
If it would be helpful to put this in a formal CORA request, I would be glad to do so.
Please contact me if you have any questions.
Jim Woodward
P.O. Box 599
Wellington,CO 80549
970-402-7679
•
•
3
Christie Peters
From: Chris Gathman
Sent: Thursday, June 09, 2011 6:58 AM
To: Jim Woodward
Subject: RE: USR-1776
Jim,
I did not receive a letter. However, I did speak on the phone with the following gentleman prior to the May 18th Board of
County Commissioners hearing:
Gary Hess
Director of Vertical Real Estate
11700 SW Tangerine Ct.
Palm City, Florida 34990
772-215-1634
Gary Hess works for Clear Channel Communications. He indicated that Clear Channel (that owns the JACOR tower)
encourages co-location whenever possible (it generates more revenue for them). However, he indicated that the JACOR
tower would not be structurally capable of supporting co-location of the microwave dishes needed for the Viaero facility
proposed under USR-1776.
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
I
,,I S
WEi-O Cc,U N v
u_
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: Jim Woodward [mailto:jbw@frii.com]
Sent: Wednesday, June 08, 2011 10:56 PM
To: Chris Gathman
Subject: RE: USR-1776
Thanks Chris. Was there ever any letter or email from the owner of the JACOB tower?
Jim Woodward
P.O.7It Box 599
C�om/ru.uiKa/turno loll%o/f 1
OLa//(a
Wellington,CO 80549
970-402-7679
•om: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent:Wednesday,June 08, 2011 7:20 AM
To:Jim Woodward
Subject: FW: USR-1776
Here you go.
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
IB4 7@II
W c i•D__C O 3N Tv
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
otected from disclosure. If you have received this communication in error, please immediately notify sender by return
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:Jim Woodward [mailto:jbw@frii.com]
Sent:Tuesday,June 07, 2011 10:44 PM
To: Chris Gathman
Cc: Christie Peters; Kristine Ranslem
Subject: RE: USR-1776
Thanks Chris. Did Mr.Jacobsen's apology letter make it into the record? If so,would you please send me a copy?
Jim Woodward
P.O. Box 599
Wellington,CO 80549
970-402-7679
From:Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent:Tuesday,June 07, 2011 8:28 AM
To:Jim Woodward
Cc: Christie Peters; Kristine Ranslem
Subject: RE: USR-1776
ear Mr.Woodward,
2
Here is a letter that was submitted the evening before the hearing that was part of the record at the 5/18 Board of
County Commissioners hearing.
IIPPon reviewing our minutes system it appears the hearing Certificate is still being finalized and the Board of County
ommissioners resolution is waiting to be signed and scanned in. Any questions re: the status of these can be addressed
either to Christie Peters(cpeters@co.weld.co.us) or Esther Gesick(egesick@co.weld.co.us). FYI: Esther is out of the
office until next week.
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
9t t 10 Ii
W 'C OU,N'y
u
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
rotected from disclosure. If you have received this communication in error, please immediately notify sender by return
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:Jim Woodward [mailto:jbw@frii.com]
Sent:Saturday, May 28, 2011 10:34 PM
To: Chris Gathman
Cc: Kristine Ranslem; Cathey Peters; Esther Gesick
Subject: RE: USR-1776
Chris,
Thanks for sending these documents. Would you please send me all additional documents added to the
case/administrative record that have not previously been sent?
Jim Woodward
P.O. Box 599
Wellington,CO 80549
970-402-7679
From:Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Friday, May 13, 2011 7:26 AM
To:Jim Woodward
Kristine Ranslem
ubject: RE: USR-1776
Jim,
3
Here are the e-mails, documents, letters... that were received since your last request for information.Additionally Mr.
Jacobsen submitted a letter of apology at the Planning Commission hearing. I do not have a copy of this letter.This letter
long with the case file) has been forwarded to the Clerk to the Board Office for scanning. It will become part of the
igital record for this case. I have checked our records system and it has not been scanned yet.You can contact either
Christie Peters—cpeters@co.weld.co.us or Esther Gesick—egesick@co.weld.co.us.
Please note that the Planning Commission meeting minutes are "draft" minutes at this time.The Planning Commission
has to formally adopt/approve the minutes at their next hearing(June 7L°).
It is my understanding that Kris Ranslem with our office is going to contact or has already contacted you regarding the
audio record of the May 3rd hearing.
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
1841 7011
•wft13EOUN-*r
u--
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:Jim Woodward [mailto:jbw@frii.com]
Sent:Wednesday, May 11, 2011 9:19 AM
To:Chris Gathman
Cc:frank@viaero.com; 'Henry D.Jacobsen'; 'Karen Wolff'
Subject: USR-1776
Hi Chris,
I would like to purchase a CD of the May 3, 2011 Planning Commission meeting. Please let me know when I could pick
that up.
Also, would you please send me electronic copies of the following records relating to case number USR-1776:
• 1. Any emails, letters, or other documents submitted by the applicant since my last records request.
2. Any emails or other documents created by Department staff since my last records request.
3. Any referral comments received by the Department since my last records request.
4
Christie Peters
From: Jim Woodward [jbw@frii.com]
Sent: Sunday, June 12, 2011 10:58 PM
To: Chris Gathman
Cc: Christie Peters; Kristine Ranslem; Bruce Barker
Subject: RE: USR-1776
Hi Chris,
Pursuant to the Colorado Open Records Act,would you please send me copies of the signed BOCC resolution and final
hearing certificate, as well as any other documents that have been added to the administrative record since my last
blanket request? Thanks for your help with this matter.
Jim Woodward
P.O. Box 599
Wellington,CO 80549
970-402-7679
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent:Tuesday,June 07, 2011 8:28 AM
To:Jim Woodward
Cc: Christie Peters; Kristine Ranslem
Subject: RE: USR-1776
Dear Mr. Woodward,
Here is a letter that was submitted the evening before the hearing that was part of the record at the 5/18 Board of
County Commissioners hearing.
Upon reviewing our minutes system it appears the hearing Certificate is still being finalized and the Board of County
Commissioners resolution is waiting to be signed and scanned in.Any questions re: the status of these can be addressed
either to Christie Peters(cpeters@co.weld.co.us) or Esther Gesick(egesick@co.weld.co.us). FYI: Esther is out of the
office until next week.
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
F 6 i I I
WEP0C JNT
u_
6-ao-aoi/ 1 PLa/ih
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
rotected from disclosure. If you have received this communication in error, please immediately notify sender by return
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:Jim Woodward [mailto:jbw@frii.com]
Sent:Saturday, May 28, 2011 10:34 PM
To:Chris Gathman
Cc: Kristine Ranslem; Cathey Peters; Esther Gesick
Subject: RE: USR-1776
Chris,
Thanks for sending these documents. Would you please send me all additional documents added to the
case/administrative record that have not previously been sent?
Jim Woodward
P.O. Box 599
Wellington, CO 80549
970-402-7679
From: Chris Gathman [mailto:cgathman@co.weld.co.us]
Sent: Friday, May 13, 2011 7:26 AM
To:Jim Woodward
Kristine Ranslem
bject: RE: USR-1776
Jim,
Here are the e-mails, documents, letters... that were received since your last request for information. Additionally Mr.
Jacobsen submitted a letter of apology at the Planning Commission hearing. I do not have a copy of this letter. This letter
(along with the case file) has been forwarded to the Clerk to the Board Office for scanning. It will become part of the
digital record for this case. I have checked our records system and it has not been scanned yet. You can contact either
Christie Peters—cpeters@co.weld.co.us or Esther Gesick—egesick@co.weld.co.us.
Please note that the Planning Commission meeting minutes are "draft" minutes at this time.The Planning Commission
has to formally adopt/approve the minutes at their next hearing (June 7'h)
It is my understanding that Kris Ranslem with our office is going to contact or has already contacted you regarding the
audio record of the May 3rd hearing.
Let me know if you have any questions.
Sincerely,
Chris Gathman
�anner III
eld County Department of Planning Services
1555 N. 17th Avenue,Greeley CO.80631
2
Ph:(970)353-6100 ext. 3537
Fax:(970)304-6498
w E 6 3 N-
u
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:Jim Woodward [mailto:jbw@frii.com]
Sent:Wednesday, May 11, 2011 9:19 AM
To:Chris Gathman
Cc:frank@viaero.com; 'Henry D.Jacobsen'; 'Karen Wolff'
Subject: USR-1776
Hi Chris,
I would like to purchase a CD of the May 3, 2011 Planning Commission meeting. Please let me know when I could pick
that up.
•so,would you please send me electronic copies of the following records relating to case number USR-1776:
1. Any emails, letters, or other documents submitted by the applicant since my last records request.
2. Any emails or other documents created by Department staff since my last records request.
3. Any referral comments received by the Department since my last records request.
If it would be helpful to put this in a formal CORA request, I would be glad to do so.
Please contact me if you have any questions.
Jim Woodward
P.O. Box 599
Wellington,CO 80549
970-402-7679
•
3
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
TRANSCRIPT OF PUBLIC HEARING
IN RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT #1776 FOR A TELECOMMUNICATION ANTENNA
TOWER (195-FOOT CELLULAR TOWER) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BEVERLY ENSLEY, C/O
VIAERO WIRELESS
PURSUANT TO NOTICE to all parties in interest, the
above-entitled matter came for public hearing before the Weld
County Board of County Commissioners on April 27, 2011 , at 915
10th Street, Greeley, Colorado, before Christie Peters, Deputy
Clerk to the Board, and TRANSCRIBED by Esther Gesick, Deputy
Clerk to the Board and Notary Public within and for the State of
Colorado.
I HEREBY CERTIFY that the attached transcript is a
complete and accurate account of the above-mentioned public
hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Esther E. Gesick
Deputy Clerk to the Board
I/ X611 070/1-15(9
P1_al(cp
2
APPEARANCES:
BOARD OF COUNTY COMMISSIONERS
Barbara Kirkmeyer, Chair
Sean P. Conway, Pro-Tem
William F. Garcia, Commissioner
David E. Long, Commissioner
Douglas Rademacher, Commissioner
WELD COUNTY ATTORNEY OF RECORD:
Bruce T. Barker
ALSO PRESENT:
Christie Peters, Acting Clerk to the Board
Chris Gathman, Planning Services
3
1 PROCEEDINGS
2
3 CHAIR KIRKMEYER: I will reconvene the Board for our
4 hearings . Let the record reflect that all five County
5 Commissioners are present, and I will call up Docket #2011-24, A
6 Site Specific Development Plan and Use by Special Review Permit
7 #1776 . Mr. Barker?
8 BRUCE BARKER: This is Docket #2011-24, um, the
9 applicant is Beverly Ensley, c/o Viaero Wireless . The request
10 is USR-1776 for a Site Specific Development Plan and Use by
11 Special Review Permit for a Telecommunication Antenna Tower
12 (195-foot cellular tower) in the A (Agricultural) Zone District .
13 Legal Description is Lot B of RE-4494, located in part of the
14 W1/2 SE1/4 of Section 31, 9 , 67 . Location is north of, and
15 adjacent to, County Road 98; approximately one-half mile east of
16 County Road 13 . Notice for today' s hearing was dated March 18,
17 2011, and published March 23 , 2011, in the Fort Lupton Press .
18 CHAIR KIRKMEYER: Thank you. Mr. Gathman?
19 CHRIS GATHMAN: Good morning. Chris Gathman,
20 Department of Planning Services . The Department of Planning
21 Services is recommending that case number USR-1776 be continued
22 until May 18, 2011 . Uh, this case was continued at the April
23 5th, Planning Commission hearing until May 3rd, to address
24 posting requirements, so we would request a continuance.
4
1 CHAIR KIRKMEYER: Ok, thank you. Does the Board have
2 any questions for Mr. Gathman? [Pause] Alright, this is a
3 public hearing. Is there anyone in the audience who would like
4 to come forward at this time and speak to the continuance of
5 this matter to the Board? Seeing no one, I will close the
6 public hearing and bring it back to the Board.
7 COMMISSIONER RADEMACHER: Madame Chair, if you're
8 ready for a motion, I will make a motion to continue this to May
9 18th.
10 COMMISSIONER CONWAY: Second.
11 CHAIR KIRKMEYER: It' s been moved by Commissioner
12 Rademacher, seconded by Commissioner Conway, to continue this
13 matter to May 18th, at 10 : 00, 2011 . Is there any discussion on
14 that motion? All those in favor, please say "Aye" .
15 VARIOUS COMMISSIONERS: Aye.
16 CHAIR KIRKMEYER: Opposed? Motion carries .
17 CHRIS GATHMAN: Thank you.
18 CHAIR KIRKMEYER: Thank you. Thank you, Chris .
19
20 [End of discussion/action on Continuance Hearing regarding A
21 Site Specific Development Plan and Use by Special Review Permit
22 #1776 for a Telecommunication Antenna Tower (195-foot cellular
23 tower) in the A (Agricultural) Zone District - Beverly Ensley,
24 c/o Viaero Wireless . ]
25
5
1 CERTIFICATE
2
3 STATE OF COLORADO)
4 ) ss
5 COUNTY OF WELD )
6
7 I, Esther E. Gesick, Deputy Clerk to the Board and
8 notary public within and for the State of Colorado, certify the
9 foregoing transcript of the CD recorded proceedings, In Re:
10 A Site Specific Development Plan and Use by Special Review
11 Permit #1776 for a Telecommunication Antenna Tower (195-foot
12 cellular tower) in the A (Agricultural) Zone District - Beverly
13 Ensley, c/o Viaero Wireless, before the Weld County Board of
14 County Commissioners, April 27, 2011, and as further set forth
15 on page one. The transcription, dependent upon recording
16 clarity, is true and accurate with special exceptions (s) of any
17 or all precise identification of speakers, and/or correct
18 spelling or any given/spoken proper name or acronym.
19 Dated this 31st day of October, 2011 .
20
21 ..Y.€44) '40/NOTAR
Y `•:
—r— E
22 Esther E. Gesick, Notary kPUBUc
°ommiss,o .txpirts 9129/2013 oFca
23 ORIGINAL ( )
24 CERTIFIED COPY ( X)
25
6
1 INVOICE
2 (Recording/Transcribing)
3
4 WELD COUNTY CLERK TO THE BOARD
5 c/o Esther Gesick, Deputy Clerk to the Board
6 1150 O Street, Greeley, Colorado 80631
7 (970) 335-7215 X4226 (970) 352-0240 (fax)
8 egesick@co.weld.co.us
9
10 Date: October 31, 2011
11
12 To: Jim Woodward
13 P.O. Box 599
14 Wellington, CO 80549
15
16
17 RE: Transcript of 04/27/11 Hearing concerning A Site
18 Specific Development Plan and Use by Special
19 Review Permit #1776 for a Telecommunication
20 Antenna Tower (195-foot cellular tower) in the A
21 (Agricultural) Zone District - Beverly Ensley,
22 c/o Viaero Wireless
23
24 1 hour staff time @ $60 . 00 per hour - - $60 . 00
25 4 pgs . @4 . 00 - - - - - - - $16 . 00
26 TOTAL, due on receipt, please - - - - $76.00
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
TRANSCRIPT OF PUBLIC HEARING
IN RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT #1776 FOR A TELECOMMUNICATION ANTENNA
TOWER (195-FOOT CELLULAR TOWER) IN THE
A (AGRICULTURAL) ZONE DISTRICT - BEVERLY ENSLEY, C/O
VIAERO WIRELESS
PURSUANT TO NOTICE to all parties in interest, the
above-entitled matter came for public hearing before the Weld
County Board of County Commissioners on May 18, 2011 , at 915
10th Street, Greeley, Colorado, before Christie Peters, Deputy
Clerk to the Board, and TRANSCRIBED by Esther Gesick, Deputy
Clerk to the Board and Notary Public within and for the State of
Colorado.
I HEREBY CERTIFY that the attached transcript is a
complete and accurate account of the above-mentioned public
hearing.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Esther E. Gesick
Deputy Clerk to the Board
eranoral i516
// -,;Z-i201/ 77011 - 1519
2
APPEARANCES:
BOARD OF COUNTY COMMISSIONERS
Barbara Kirkmeyer, Chair
Sean P. Conway, Pro-Tem
William F. Garcia, Commissioner
David E. Long, Commissioner
Douglas Rademacher, Commissioner
WELD COUNTY ATTORNEY OF RECORD:
Bruce T. Barker
APPLICANT' S REPRESENTATIVE:
Henry Jacobsen, Site Acquisition and Engineering
Specialist for Viaero Wireless, LLC
ALSO PRESENT:
Christie Peters, Acting Clerk to the Board
Chris Gathman, Department of Planning Services
Heidi Hansen, Department of Public Works
Mary Evett, Department of Public Health and Environment
3
1 PROCEEDINGS
2
3 CHAIR KIRKMEYER: Alright, um, I ' ll call up Docket
4 number two, which is Docket #2011-24; A Site Specific
5 Development Plan and Use by Special Review Permit #1776 for a
6 Telecommunication Antenna Tower, um, 195-foot self-supporting
7 wireless communication tower and related accessory buildings and
8 structures . Mr. Barker - you want to finish?
9 BRUCE BARKER: This is Docket #2011-24 . The applicant
10 is Beverly Ensley, c/o Viaero Wireless . The request is
11 USR-1776, A Site Specific Development Plan and Use by Special
12 Review Permit for a Telecommunication Antenna Tower (195-foot
13 cellular tower) in the A (Agricultural) Zone District . Legal
14 Description is Lot B of RE-4494 , located in part of the W1/2
15 SE1/4 of Section 31, 9, 67 . Location is north of, and adjacent
16 to, Weld County Road 98; approximately one-half mile east of
17 Weld County Road 13 . Notice for today's hearing was dated
18 March 18, 2011, and published March 23 , 2011, in the Fort Lupton
19 Press .
20 CHAIR KIRKMEYER: Ok, thank you. Mr. Gathman are you
21 ready? Great .
22 CHRIS GATHMAN: Sure. Good morning. Chris Gathman,
23 Department of Planning Services . This a request for a Site
24 Specific Development Plan and Use by Special Review Permit for a
25 Telecommunications Antenna Tower for 195 self-supporting
4
1 wireless communication tower and related accessory buildings and
2 structures in the A (Agricultural) Zone District . Uh, the
3 surrounding prop -- the surrounding area, uh, is rural in
4 character. Uh, there are, uh, several residences in the
5 vicinity, however. Uh, the nearest residence is located
6 approximately 550 feet to the west of the tower site. Uh, there
7 are additional residences -- I think the next closest residence
8 is approximately a half mile to the, um, southeast of the site.
9 Ten referrals were sent out . Uh, six referrals were received
10 and either indicated no concerns or are addressed through
11 Development Standards and Conditions of Approval . No referral
12 responses were received from the Federal Communications
13 Commission, Larimer County, Colorado Division of Water
14 Resources, and the Nunn Fire Protection District . Uh, this site
15 is not located within the three-mile referral area of any
16 municipality. The Department of Planning Services has received
17 three letters of concern or opposition in reference to this
18 request. Uh, two letter responses were received from a
19 surrounding property owner who owns property to the southeast of
20 the tower site and has a residence approximately a half mile
21 from the, uh, proposed site. Uh, he had concerns about whether
22 the proposed tower will meet FCC health limits for radiation.
23 Um, the applicant did provide a response to these questions .
24 Uh, there is an existing broadcast tower approximately 1 . 3 miles
25 to the south of this site, uh, that is a clear tower, AM -- I
5
1 believe an AM Broadcast tower. Um, the applicant has had
2 conversations with Clear Channel . I've also spoken with a
3 representative from, uh, Clear Channel . Uh, he had indicated
4 that the issue with co-location on this tower is that, uh, what
5 the applicant is proposing as far as the dishes, uh, would not
6 be structurally capable to uphold those dishes . So, it would
7 create a situation where the tower may collapse, so, um, they
8 usually encourage co-location, but in this situation, uh, they
9 felt that it was not possible. The applicant has also indicated
10 that radiation generated by cellular towers is minimal, uh, much
11 less than radiation generated by other towers, such as old
12 analog radio and TV towers . Additionally, there was a letter
13 that was just submitted last night . I 've, uh, provided copies
14 to Mr. Barker. Uh, this is from a property owner that is
15 approximately a mile to the southeast of the tower site. So,
16 let me kinda -- so the proposed tower is roughly in this
17 location. The access to the tower is off of County Road 98 ,
18 which is a, uh, basically a one-lane track, non-maintained
19 County road right-of-way. Uh, the nearest residence is to the
20 west of the site, right here. Uh, we have not received any
21 responses, uh, from these property owners . Uh, I did receive
22 one phone call, uh, from a gentleman that lives down here. Uh,
23 we posted two signs -- two sign locations out there: one at the
24 tower site, two at the intersection of County Road 13 and County
25 Road 98, uh, because the, uh, sign posting requirements require
6
1 signs, not only to be posted at the site, but also signs to be
2 posted at the nearest intersection of the, uh, nearest
3 publically maintained County road rights-of-way, which was at
4 this intersection of County Road 13 and County Road 98 . Uh, you
5 have the nearest residence here, to the southeast, and then I
6 believe, it' s either this parcel or this parcel that, um, we
7 received a letter on, uh, last night . This letter, uh, the
8 applicant mentioned some concerns, uh, in regards to -- just a
9 second here -- the inability to, um, locate the public notice
10 sign in a, um, in an area that was traveled. Um, staff did
11 address that . The signs were posted in the required locations,
12 and we, in fact, had to postpone the April, uh, Planning
13 Commission hearing because we discovered that County Road 98 was
14 not a maintained public right-of-way, so we re-posted the signs,
15 uh, to meet that requirement . Um, additionally, concerns about
16 the location of the tower, as far as visual impacts to the
17 environment . Uh, the applicant is proposing to place the tower
18 below the crest of a hill . Uh, there is a hill directly to the,
19 uh, west of the tower sight, roughly in this location, and so, a
20 portion of the tower, the applicant had indicated approximately
21 25 percent of the tower height, would still be below, uh, the
22 level of that hill . So, it would be partially obscured by the
23 hill . Uh, another concern was that, um, the application had
24 indicated that the primary, uh, reason to put the tower out
25 there was to provide cellular service to Larimer County. Um,
7
1 the applicant did provide a, uh, cellular signal service map,
2 uh, that is, I believe, on pages 31 and 32 under the, uh,
3 application, uh, in Minutes, uh, that does show that there is a
4 very low, at least for Viaero, little to no service. And not
5 only the, um, Larimer County side of this location, but also in
6 Weld County, as well . Um, the Planning Commission did recommend
7 unanimous approval of this application at the May 3rd hearing.
8 Um, we've got Mary Evett with the Health Department and, um,
9 Heidi Hansen with Public Works available. I 'd be happy to show
10 you some pictures and then answer any questions you may have.
11 CHAIR KIRKMEYER: Ok, let's see the pictures .
12 CHRIS GATHMAN: Ok, this is actually County Road 98,
13 and this is looking, uh, to the east. Uh, I 'm just glad I
14 didn' t have to post a sign in December or January; I think it
15 would have been a little rough getting up there. This is
16 looking to the north, roughly at the location of where the tower
17 would be. I posted the sign adjacent to County Road 98 . The
18 tower would be another 200 feet to the north of the, uh, road.
19 And again another look -- this is more to the, uh, northwest.
20 And this is a view to the nearest, um, residence to the, uh,
21 west of the, uh, proposed tower site. Well, that would be the
22 nearest residence to the tower, period. This is just the
23 location of County Road 98 and 13 , so that' s where the, uh,
24 signs were posted at the nearest, uh, County Road right-of-way.
25 This kind of -- it's kind of hard to see, but this is a -- kind
8
1 of a view towards the, uh, the Clear Channel tower that' s
2 already in place.
3 CHAIR KIRKMEYER: Alright . Does the Board have any
4 questions for Chris?
5 CHRIS : Ok.
6 CHAIR KIRKMEYER: Public Works, would you like to make
7 comments?
8 HEIDI HANSEN: Heidi Hansen, Public Works . As Chris
9 said, they're using an existing access along the Weld County
10 Road 98 section line. It' s unmaintained right-of-way, so they
11 will need to do a Nonexclusive License Agreement that will allow
12 them to use that right-of-way; with the understanding that their
13 use is not exclusive and the County is not responsible for
14 maintenance of that access . Uh, since the site is an unmanned
15 facility, we didn' t require any stormwater quality or anything
16 like that for this project . I 'd be happy to answer any
17 questions .
18 CHAIR KIRKMEYER: Any questions for Public Works?
19 Alright, Health Department?
20 MARY EVETT: Good Morning, Mary Evett, Environmental
21 Health. Uh, since this is an unmanned facility, permanent water
22 and sewer are not required. They can use portable toilets, hand
23 washing units, and bottled water during construction. Um, they
24 are proposing a propane tank for backup generator, and the tank
25 will need to comply with State permitting requirements . Um,
9
1 based on concerns from Mr. Woodward, whose letter you have, um,
2 Lauren Light did talk to the State Health Department, who
3 directed her to publications from the FCC. Basically, uh,
4 emissions decrease the further away you are from the antenna,
5 and at ground level, the FCC states that exposure is very
6 minimal and is well below their exposure limits . She also
7 filled out the FCC's local government checklist, and based on
8 information provided by the applicant, that facility is
9 categorically excluded and is unlikely to cause exposure in
10 excess to FCC guidelines . Um, Development Standards three
11 through ten address environmental health items . We have no
12 concerns with this request . Any questions?
13 CHAIR KIRKMEYER: Thank you. Does the Board have any
14 questions for the Health Department? Alright, thank you. Um,
15 would the applicant or their representative like to come
16 forward, at this time, and speak to the Board with regard to
17 your project? And, if you would, please state your name and
18 address for the record and then your comments to the Board.
19 HENRY JACOBSEN: My name is Henry Jacobsen. I am an
20 employee of Viaero Wireless . I 'm a Site Acquisition and
21 Engineering Specialist. My address is 1350 West 6th Street,
22 Loveland, Colorado . I have no additional, uh, comments to the
23 Board. Mr. Gathman has been very good to work with and, I
24 think, expressed the intent of the project accurately.
10
1 CHAIR KIRKMEYER: Ok. And do you have the authority to
2 act on behalf of Beverly Ensley?
3 HENRY JACOBSEN: Yes . She is present and she has
4 signed an affidavit allowing us to represent the landowner in
5 this proceeding.
6 CHAIR KIRKMEYER: Alright, thank you very much.
7 Commissioner Rademacher?
8 COMMISSIONER RADEMACHER: Thank you Madame Chair. Did
9 you have any chances to do any outreach to the residents that
10 are nearest you and talk with them and --
11 HENRY JACOBSEN: Yes . There are two families . Wayne
12 and Maryanne Wolfe, uh, live immediately north -- they're the
13 most, uh, the closest and I met with them a number of times and
14 explained the project to them and they had no objections . We
15 met, initially, with the, um, with the Woodward -- uh, Mr.
16 Woodward and his wife, and I went there with the, uh, landowner
17 of -- the adjacent landowner, uh, Rose Brinks and, uh, explained
18 the project then as well -- long before we made this
19 application.
20 COMMISSIONER RADEMACHER: Ok, thank you.
21 CHAIR KIRKMEYER: Any other questions for the
22 applicant? Alright, thank you very much. This is a public
23 hearing. Is there anyone in the audience who would like to come
24 forward at this time and speak to the Board with regard to this
25 matter? Alright, seeing no one come forward to speak towards
11
1 this matter, I will close public hearing and I will bring it
2 back up to, um, the Board for some discussion and would the
3 applicant representative please come back up to the microphone?
4 Um, did you have the opportunity to review the, um, Conditions
5 of Approval and Development Standards, and did you have any
6 comments, questions, or concern with regard to any of those?
7 HENRY JACOBSEN: The answer for the first regard is,
8 Yes, I did review them, and No, we have no comments or concerns .
9 CHAIR KIRKMEYER: Ok, thank you. Does the Board have
10 any, um, questions or comments regarding Development Standards
11 or Conditions of Approval? Alright . Then if you understand the
12 Conditions of Approval and the Development Standards, do you
13 agree to abide by them?
14 HENRY JACOBSEN: Yes .
15 CHAIR KIRKMEYER: Ok, thank you very much. With that
16 I ' ll bring it back to the Board.
17 COMMISSIONER RADEMACHER: Madame Chair?
18 CHAIR KIRKMEYER: Commissioner Rademacher.
19 COMMISSIONER RADEMACHER: If you're ready for a
20 motion, I ' ll make a motion we approve A Site Specific
21 Development Plan and Use by Special Review Permit 1776 for a
22 Telecommunication Antenna Tower (190-foot self-supporting
23 wireless communication tower and related accessory buildings and
24 structures) in the A (Agricultural) Zone District, um, Beverly
25 Ensley, c/o Viaero Wireless ; located north and adjacent to
12
1 County Road 98, approximately one half mile east of County
2 Road 13 , with all of the Development Standards and standards of
3 approval, as agreed on.
4 COMMISSIONER LONG: Second.
5 CHAIR KIRKMEYER: Ok. It's been moved by Commissioner
6 Rademacher, seconded by Commissioner Long, to approve the A Site
7 Specific Development Plan and Use by Special Review Permit
8 #1776, with the Conditions of Approval and Development
9 Standards, as noted herein. Discussion on the motion? Yes?
10 COMMISSIONER CONWAY: I just wanted to clarify in the
11 motion reading, it was 190, it's actually 195 .
12 COMMISSIONER RADEMACHER: Ok, 195 --
13 CHAIR KIRKMEYER: Ok, that's good. Any other further
14 discussion on the motion? All those in favor please say "Aye" .
15 VARIOUS COMMISSIONERS : Aye.
16 CHAIR KIRKMEYER: Opposed? Motion carries . Thank you
17 and good luck.
18
19 [End of discussion/action on Hearing regarding A Site Specific
20 Development Plan and Use by Special Review Permit #1776 for a
21 Telecommunication Antenna Tower (195-foot cellular tower) in the
22 A (Agricultural) Zone District - Beverly Ensley, c/o Viaero
23 Wireless]
24
13
1 CERTIFICATE
2
3 STATE OF COLORADO)
4 ) ss
5 COUNTY OF WELD )
6
7 I, Esther E. Gesick, Deputy Clerk to the Board and
8 notary public within and for the State of Colorado, certify the
9 foregoing transcript of the CD recorded proceedings, In Re: A
10 Site Specific Development Plan and Use by Special Review Permit
11 #1776 for a Telecommunication Antenna Tower (195-foot cellular
12 tower) in the A (Agricultural) Zone District - Beverly Ensley,
13 c/o Viaero Wireless, before the Weld County Board of County
14 Commissioners, May 18, 2011, and as further set forth on page
15 one. The transcription, dependent upon recording clarity, is
16 true and accurate with special exceptions (s) of any or all
17 precise identification of speakers, and/or correct spelling or
18 any given/spoken proper name or acronym.
19 Dated this 31st day of October, 2011 .
20
21 Y ''*'.
eJtlX icy/
NOTAR
22 Esther E. Gesick, Notary
23 l" merseow e49 Inf. 9479/G0/3 -•��• ORIGINAL ( )
24 CERTIFIED COPY ( X )
25
14
1 INVOICE
2 (Recording/Transcribing)
3
4 WELD COUNTY CLERK TO THE BOARD
5 c/o Esther Gesick, Deputy Clerk to the Board
6 1150 0 Street, Greeley, Colorado 80631
7 (970) 335-7215 X4226 (970) 352-0240 (fax)
8 egesick@co .weld.co.us
9
10 Date: October 28, 2011
11
12 To: Jim Woodward
13 P.O. Box 599
14 Wellington, CO 80549
15
16
17 RE: Transcript of 05/18/11 Hearing concerning A Site
18 Specific Development Plan and Use by Special
19 Review Permit #1776 for a Telecommunication
20 Antenna Tower (195-foot cellular tower) in the
21 A (Agricultural) Zone District - Beverly Ensley,
22 c/o Viaero Wireless
23
24 1 . 5 hours staff time @ $60 . 00 per hour - - $90 . 00
25 12 pgs . @4 . 00 - - - - - - - $48 . 00
26 TOTAL, due on receipt, please - - - - $138.00
Esther Gesick
From: Bruce Barker
Sent: Friday, October 21, 2011 1:26 PM
To: Esther Gesick
Subject: FW: Woodward Complaint
When we get the check, let's go ahead and start on the record. Thanks!
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150"O" Street
Greeley, CO 80632
(970) 356-4000, ext.4390
Fax: (970) 352-0242
, e. lull
W [ 00_ COUN -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.
From: Jim Woodward [mailto:jbw@frii.com]
Sent: Friday, October 21, 2011 10:44 AM
To: Bruce Barker
Subject: RE: Woodward Complaint
I will mail the check today.
From: Bruce Barker[mailto:bbarker@co.weld.co.us]
Sent:Thursday, October 20, 2011 1:06 PM
To: 'jbw@frii.com'
Subject: Re: Woodward Complaint
Yes.Thanks.
From:Jim Woodward [mailto:jbw@frii.com]
Sent:Thursday,October 20, 2011 12:45 PM
To: Bruce Barker
Cc: cyhoffmann@hphclaw.com <cyhoffmann@hphclaw.com>;theoshih@aol.com <theoshih@aol.com>;
henry.jacobsen@viaero.com <henry.jacobsen@viaero.com>
Subject: RE:Woodward Complaint
&m-mumtcs��n c, t X2O//- J5/9
/1-a-aOO oz//6
Mr. Barker,
Thank you for your response. To whom do I send a check? Ms.Gesick?
Jim Woodward
P.O. Box 599
Wellington, CO 80549
970-402-7679
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, October 14, 2011 3:41 PM
To:Jim Woodward
Cc:cyhoffmann@hphclaw.com; theoshih@aol.com; henry.jacobsen@viaero.com
Subject: FW: Woodward Complaint
Mr. Woodward:
See the below e-mail from Clerk Esther Gesick. As per the Court's order of October 12, 2011, please submit to Weld
County a check in the sum of$360. If the amount is less than that sum, we will refund the remainder.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150"O" Street
Greeley, CO 80632
(970) 356-4000,ext.4390
Fax: (970) 352-0242
es rill
W E0_'COUNT�
u
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: Esther Gesick
Sent: Monday,June 27, 2011 11:08 AM
To: Bruce Barker
Cc: Esther Gesick; Donna Bechler
Subject: FW: complaint
Bruce,
Below is the estimate for preparation of a Transcript and case file for USR-1776 (P12116), Beverly Ensley, c/o Viaero
Wireless, conducted on the dates and times listed below.
4/27 Hearing con't(10:00-10:05) = 5 min
2
5/18 Hearing(10:36-10:52) = 15 min
20 minutes total hearing length
Transcript:
$60.00 X 4 hrs estimated staff time = $240.00 deposit
Court Record:
$20.00 X 6 hrs estimated staff time = $120.00
(includes creation of duplicate file, numbering/stamping each page,creation of cover page,and work order with print
shop—including materials and print shop staff time)
Total Deposit Estimate=$360.00
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
915 10th Street
Greeley, CO 80631
tel: (970)336-7215 X4226
laa ]ill
W Eta CO U N1'!
u_
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: Bruce Barker
Sent: Friday,June 24, 2011 2:20 PM
To: Esther Gesick
Subject: FW: complaint
Looks like we will need a record on this. Could you get an estimate on the cost of preparing transcript and record? We
will need to let the Court know, so that amount can be paid to us and held until we know the exact amount.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
915 10th Street
Greeley, CO 80632
(970) 356-4000,ext.4390
Fax: (970) 352-0242
Ia{ I X411
W C ?UN1r
u
3
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:Jim Woodward [mailto:jbw@frii.com]
Sent:Tuesday,June 21, 2011 12:01 PM
To: Bruce Barker
Cc:frank@viaero.com; 'Henry D.Jacobsen'
Subject:complaint
Hello Mr. Barker,
Please find attached my initial complaint requesting judicial review of USR-1776. Expect to receive the summons and
complaint in the next several days. Please do not hesitate to contact me if you have any questions regarding the
complaint.
Jim Woodward
P.O. Box 599
Wellington,CO 80549
970-402-7679
4
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