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Home My WebLink About20100413.tiff CAGE WILLIAM. ATTORNEYS AT LAW Professional Corporation Nicole L.Brennan nbrennan@cagewilliams.com Direct Dial 303-996-5725 October 9, 2006 Direct Fax 303-996-5830 Weld County Board of County Commissioners 915 10th Street, Third Floor Greeley, Colorado 80631 Weld County Planning Commission 918 10th Street Greeley, Colorado 80631 To Whom It May Concern: The intent of this letter is to clarify the limitations of Verizon Wireless's designation as a "public utility" with respect to the application of Weld County's Special Review Permit process for major facilities of public utilities or public agencies, codified at Section 23-2-300 of the Weld County Zoning Code. It is our understanding that Mr. Brad Mueller of Weld County Planning Services has directed Verizon Wireless to comply with the regulations set forth in Division 5 of the County Code, Section 23-2-300, when making applications for new construction or expansion of existing communications facilities within the unincorporated lands of Weld County. Verizon Wireless appreciates the opportunity to make the following statement, for the record: Although Verizon Wireless may be considered a "public utility" pursuant to the Zoning Department's Special Review Process, Verizon Wireless remains exempt from state and local government regulation pursuant to both federal and state law. Importantly, Verizon Wireless is not defined as a "public utility" under Colorado statutes and, by statute, it is specifically exempt from the "public utility" laws of Colorado. See § 40-1-103(1)(b)(II), C.R.S. Verizon Wireless, as a cellular communications provider, is deregulated under Colorado statutes § 40-15-401(1)(b), C.R.S.; § 40-15-402, C.R.S. Subject to significant restriction, local governments, such as Weld County, are permitted to regulate the "placement, construction and modification of personal wireless facilities" pursuant to the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(A). Case law makes a clear distinction between the regulation of structures and the regulation of the business ...at the center of business St.Elmo Building Steamboat Springs: 2010- 413 1433 Seventeenth Street 1120 S.Lincoln Avenue, #B1 Denver,Colorado 80202 P.O.Box 773900 303.295.0202 Steamboat Springs,CO 80487 1:\V\V-2001\988 GRE Eaton,Hourly\ 303.2972220 fax 970 879.6770 Corr ALetter.Wel yunty,l� 6" www.CageWllliams.corn 970.871_9118 fax • • Weld County Board of County Commissioners Weld County Planning Commission October 9, 2006 Page 2 of providers. Any provision of a local ordinance that impacts the provision of service is preempted by the Telecommunications Act, unless such provision is necessary and directly related to the regulation of structures. We thank you for your time and look forward to working with you in the future. Yours Truly, Niccole L. Brennan Outside counsel for Verizon Wireless cc: Jane Johnson Herb Quintana I:\V\V-2001\988 GRE Eaton,Hourly\Corr\Letter.Weld County.I0-09-06.doc • RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION y j �()b muaw1� 4 331330 A13133b9 Moved by Doug Ochsner that the following resolution be introduced for passage by the t l e y{ uno3 pla Planning Commission. Be it resolved by the Weld County Planning Commission that the application or: M CASE NUMBER: USR-1560 APPLICANT: James B. Milne PLANNER: Brad Mueller LEGAL DESCRIPTION: Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole cellular tower) in the A(Agricultural)Zone District LOCATION: West of and adjacent to CR 39; % mile south of CR 72. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code, as well as Section 23-4-870, which includes application requirements for commercial tower applications. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-400 of the Weld County Code as follows: 3. The application also complies with Section 23-2-400,standards required of a Major Facility of a Public Utility, which includes tower for cellular and other telecommunications broadcasts. A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed facility is located in an area designated as"Prime"land according to the 1979 Important Farmlands of Weld County Map;however,because of the very small footprint for the facility,there is a negligible impact to crop land. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within a three-mile referral area of The Town of Eaton and the City of Greeley. Eaton did not express any concerns in their referral comments dated May 30, 2006. Greeley requested co- location capability and the use of stealth design techniques;the applicant shall attempt to address the City of Greeley's requests. C. Section 23-2-400.C. — The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The location is proposed almost a half-mile from the predominant view shed of Highway 85, mitigating its impact while providing service to the applicant's target service areas along the Highway 85 corridor north of Eaton and into Greeley. D. Section 23-2-400.D.--The site shall be maintained in such a manner so as to control soil erosion, dust,and the growth of noxious weeds.The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E.--The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. The Design Standards (Section 23-2-240, Weld County Code) and Operation Standards (Section 23-2-250, Weld County Code) are also met by this application. These, along with the Conditions of Approval and Development Standards, will Resolution USR-1560 Verizon Wireless/James B. Milne Page 2 ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. F. Section 23-2-400.F. -- All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The proposal will not require additional water demands on the site. The proposed facility will be unmanned and will not require water or sewage disposal. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicants have provided an inventory of existing Verizon facilities in the area. Current Verizon facilities in Greeley (35th Avenue)are no longer accommodating call volumes,and the proposed facility would remedy that problem. Two facilities in Eaton not associated with Verizon—an existing tower at the Ace Hardware Store, and the grain elevator—are located too far north to assist with this need. The proposed facility is also needed to provide service into Eaton. H. Section 23-2-400.H.—(Applicable only to power plants.) I. Section 23-2-400.1. — It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. J. Section 23-2-400.J.—Adequate electric,gas,telephone,water,sewage and other utilities exist or can be developed to service the site. The applicant has stated that the equipment building will require electricity. The location of the equipment building has been illustrated on the site plan. A single 11'-8" x 26' building is proposed. K. Section 23-2-400.K. --The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. Because of the very small footprint for the facility,there will be negligible impacts to the natural resources in the area. L. Section 23-2-400.L.—The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. The proposed use will not significantly impact drainage of residential property, crop land or other land, and historic flows will be maintained on the site. 4. The application also complies with Section 23-4-800,standards required of a Major Facility of a Public Utility, which includes tower for cellular and other telecommunications broadcasts. Section 23-4-800 contains 47 standards and criteria for towers which are summarized by their categories as follows: A. Section 23-4-800. Commercial towers. This section of the Code acknowledges the need for towers and wireless facilities, while reducing their number and impact. The proposal is for a facility in a part of the County that has few tower structures and would provide expanded cell phone service along the northern Highway 85 corridor. B. Section 23-4-810. Preferred commercial tower facilities. This section of the Code encourages communication antennas to be located on existing structures to the degree possible. In the case Resolution USR-1560 Verizon Wireless/James B. Milne Page 3 of this application, no existing towers lie in the vicinity that would allow adequate service the desired geographic service area. Structures located to the north within Eaton are too far north to provide service to Greeley. C. Section 23-4-820. General requirements. The proposal lies within the Agricultural Zone District and requires approval through the Use by Special Review process. At a proposed height of 100 feet, the tower does not constitute a hazard to aircraft, and its proposed location of the property will not result in ice-fall or debris hazards and is designed to ensure overall security. The applicant has agreed to provide for shared capacity and co-location of other carriers. Impacts to the environment will be negligible, and radiation emissions will fall below regulated levels. The tower height is proposed to service the desired geographic area, and the applicant is required to comply with all federal and state regulations,as stated in the Development Standards. Design of the tower has been certified by an engineer for integrity, and the applicant indicates that the proposed site was chosen as a preferred site. D. Section 23-4-830. Performance standards. The proposed site meets the required setback of over 100'. No lighting is proposed for the structure. Design of the equipment building is of a simple aggregate material,which is appropriate and compatible with the surrounding agricultural support buildings and uses. E. Section 23-4-840. Base or accessory site design. No landscaping is proposed, since the base equipment will be screened from County Road 39 by the existing agricultural support buildings. For views from the west and Highway 85, the equipment shelter is located a distance enough away that it will blend into the other buildings on the site. F. Section 23-4-850. Co-location on antenna towers. The tower is being designed to accommodate co-location for the future, and a proposed Development Standard will ensure its capability. This recommendation of approval is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. All sheets of the plat shall be labeled USR-1560. (Department of Planning Services) B. The Special Review Permit Plan Map shall be amended as follows: 1. The proposed 12-foot access easement shall be shown. (Department of Public Works) 2. The attached Development Standards shall be included. (Department of Planning Services) 3. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) C. A Non-Conforming Use(NCU)Permit must be completed and approved for the second home on the lot. The NCU is required to document the historic use of two residences on a single lot. (Department of Planning Services) Resolution USR-1560 Verizon Wireless/James B. Milne Page 4 D. A Subdivision Exemption (SE)application must be completed and approved for the creation of a parcel for public utility facilities, as indicated in Section 24-8-30 of the Weld County Code. (Department of Planning Services) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of Item #1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period.(Department of Planning Services) 6. Prior to construction at the site: A. A building permit shall be obtained prior to the construction of structures of the monopole and equipment shelter. (Department of Building Inspection) B. A plan review is required for each building or tower for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit.(Department of Building Inspection) C. A letter of approval from the Eaton Fire Protection District shall be provided. (Department of Building Inspection) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1560 Verizon Wireless (Milne property) 1. The Site Specific Development Plan and Special Use Permit is for a Major Facility of a Public Utility[one (1) cellular communication tower over seventy feet in height (100 feet)] in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Signage at the site is limited to non-illuminated warning and equipment identification signs.(Department of Planning Services) 4. The operation shall comply with all applicable rules and regulations of the Federal Communication Commission (FCC). (Department Planning Services) 5. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored,and disposed in a manner that controls fugitive dust,fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 10. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility. (Department of Public Health and Environment) 11. Bottled water shall be utilized for drinking and hand washing during construction of the project. (Department of Public Health and Environment) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 13. Utilize the existing residential/telecommunication facility operation access point. The applicant is identifying a proposed 12-foot access easement through the farming operation to access the proposed leased area. (Department of Public Works) 14. The leased easement shall be a graded and drained road to provide an all-weather access. (Department of Public Works) 15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 16. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 17. A building permit shall be obtained prior to the construction of structures of the monopole and equipment shelter. (Department of Building Inspection) 18. A plan review is required for each building or tower for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit.(Department of Building Inspection) 19. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code;2003 International Mechanical Code;2003 International Plumbing Code;2003 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 20. The building will be classified as an (Equipment shelter)B and (Monopole)U. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the zoning Ordinance. (Department of Building Inspection) 21. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 22. Provide a letter of approval from the Eaton Fire Protection District prior to construction. (Department of Building Inspection) 23. Verizon Wireless or their assignees shall allow co-location by others on the communications tower. (Department of Planning Services) 24. The operation shall comply with all applicable rules and regulation of the Federal Communication Commission (FCC). (Department of Planning Services) 25. The operation shall comply with all applicable rules and regulations of the Federal Aviation Commission. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 28. Weld County Government Personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Motion seconded by Tom Holton. VOTE: For Passage Against Passage Absent Bruce Fitzgerald Doug Ochsner Chad Auer James Welch Tom Holton Erich Ehrlich Roy Spitzer Paul Branham The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. CERTIFICATION OF COPY I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on August 1,2006. Dated the 1st day of August, 2006. btnAista M Donita May Secretary INVENTORY OF ITEMS FOR CONSIDERATION Applicant: James G. Milne Ill (Verizon) Case Number: USR-1560 USR for a 100' monopole tower Submitted or Prepared: Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X 2 Legal Notifications X Affidavit of sign posting X 3 Application X 4 Maps& Plans X 5 Deed X 6 Surrounding Property Owners X 7 Soil Survey X 8 Referrals Without Comments X Town of Eaton, referral received 5/31/06 X Eaton Fire Department, referral received 6/19/06 X 9 Referrals With Comments X Weld County Department of Environmental Health, referral rec'd 5/22/06 X Weld County Department of Public Works, referral received 5/31/06 X Weld County Building Inspection, referral received 6/6/06 X Weld County Zoning Compliance, referral received 5/23/06 X City of Greeley, referral received 6/5/06 X 10 Planning Commission Exhibits X 10- Service Coverage Maps (with and without proposed tower) X A&B 10-C Letter from Anthony Mello dated July 30, 2006 X 11 Planning Commission Resolution I hereby certify that the twenty-two items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Brad Mueller,Planning Services III t\ LAND USE APPLICATION l SUMMARY SHEET COLORADO Case Number: USR-1560 Hearing Date: August 1, 2006 Applicant: Verizon Wireless Planner: Brad Mueller do Valerie Cardenas 2604 Stout St, Suite 2 Denver, CO 80205 Site Address: 18457 Highway 392 Lucerne, CO 80646 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility [one (1)cellular communication tower over seventy feet in height(100 feet)] in the A(Agricultural)Zone District. Legal Part of SE4 Section 7, Township 6 North, Range 65 West of the 6th P.M., Weld County Description: Colorado. Location: West of and adjacent to County Road 39 and one-half mile south of County Road 72. Parcel ID #: 0803 07 400012 Size of Parcel: 107 +/- acres (900 sq ft lease area) POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. • The Department of Planning Services'staff has received responses from the following agencies: Weld County Department of Public Health and Environment, referral received 6/19/06 • Weld County Department of Public Works, referral received 5/31/06 • Weld County Department of Building Inspection, referral received 6/6/06 • Weld County Zoning Compliance, referral received 5/23/06 • Town of Eaton, referral received 5/30/06 • City of Greeley, referral received 6/5/06 • Eaton Fire Protection District, referral received 6/19./06 The Department of Planning Services' staff has not received responses from the following agencies: • Federal Communication Commission EXHIBIT USR-1560 Verizon cell facility& monopole Page 1 Attt SPECIAL REVIEW PERMIT wokADMINISTRATIVE REVIEW COLORADO Case Number: USR-1560 Hearing Date: August 1, 2006 Applicant: Verizon Wireless Planner: Brad Mueller c/o Valerie Cardenas 2604 Stout St, Suite 2 Denver, CO 80205 Site Address: 18457 Highway 392 Lucerne, CO 80646 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility[one (1) cellular communication tower over seventy feet in height(100 feet)] in the A(Agricultural)Zone District. Legal Part of SE4 Section 7, Township 6 North, Range 65 West of the 6th P.M., Weld County Description: Colorado. Location: West of and adjacent to County Road 39 and one-half mile south of County Road 72. Parcel ID #: 0803 07 400012 Size of Parcel: 107 +/- acres (900 sq ft lease area) THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code, as well as Section 23-4-870, which includes application requirements for commercial tower applications. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-400 of the Weld County Code as follows: 3. The application also complies with Section 23-2-400, standards required of a Major Facility of a Public Utility, which includes tower for cellular and other telecommunications broadcasts. A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed facility is located in an area designated as "Prime" land according to the 1979 Important Farmlands of Weld County Map; however, because of the very small footprint for the facility, there is a negligible impact to crop land. USR-1560 Verizon cell facility& monopole Page 2 B. Section 23-2-400.8. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is located within a three-mile referral area of The Town of Eaton and the City of Greeley. Eaton did not express any concerns in their referral comments dated May 30, 2006. Greeley requested co-location capability and the use of stealth design techniques; the applicant shall attempt to address the City of Greeley's requests. C. Section 23-2-400.C. — The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The location is proposed almost a half-mile from the predominant viewshed of Highway 85, mitigating its impact while providing service to the applicant's target service areas along the Highway 85 corridor north of Eaton and into Greeley. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. The Design Standards (Section 23-2- 240, Weld County Code) and Operation Standards (Section 23-2-250, Weld County Code) are also met by this application. These, along with the Conditions of Approval and Development Standards, will ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. F. Section 23-2-400.F. -- All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The proposal will not require additional water demands on the site. The proposed facility will be unmanned and will not require water or sewage disposal. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicants have provided an inventory of existing Verizon facilities in the area. Current Verizon facilities in Greeley (35'x' Avenue) are no longer accommodating call volumes, and the proposed facility would remedy that problem. Two facilities in Eaton not associated with Verizon — an existing tower at the Ace Hardware Store, and the grain elevator—are located too far north to assist with this need. The proposed facility is also needed to provide service into Eaton. H. Section 23-2-400.H. — (Applicable only to power plants.) I. Section 23-2-400.1. — It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. J. Section 23-2-400.J. — Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The applicant has stated that the equipment USR-1560 Verizon cell facility& monopole Page 3 • building will require electricity. The location of the equipment building has been illustrated on the site plan. A single 11'-8"x 26' building is proposed. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. Because of the very small footprint for the facility, there will be negligible impacts to the natural resources in the area. L. Section 23-2-400.L. — The applicant's engineer has certified that the drainage plans developed for and to be implemented on the site will prevent surface drainage from leaving the site which would exceed historic runoff flows. The proposed use will not significantly impact drainage of residential property, crop land or other land, and historic flows will be maintained on the site. 4. The application also complies with Section 23-4-800, standards required of a Major Facility of a Public Utility, which includes tower for cellular and other telecommunications broadcasts. Section 23-4-800 contains 47 standards and criteria for towers which are summarized by their categories as follows: A. Section 23-4-800. Commercial towers. This section of the Code acknowledges the need for towers and wireless facilities, while reducing their number and impact. The proposal is for a facility in a part of the County that has few tower structures and would provide expanded cell phone service along the northern Highway 85 corridor. B. Section 23-4-810. Preferred commercial tower facilities. This section of the Code encourages communication antennas to be located on existing structures to the degree possible. In the case of this application, no existing towers lie in the vicinity that would allow adequate service the desired geographic service area. Structures located to the north within Eaton are too far north to provide service to Greeley. C. Section 23-4-820. General requirements. The proposal lies within the Agricultural Zone District and requires approval through the Use by Special Review process. At a proposed height of 100 feet, the tower does not constitute a hazard to aircraft, and its proposed location of the property will not result in ice-fall or debris hazards and is designed to ensure overall security. The applicant has agreed to provide for shared capacity and co-location of other carriers. Impacts to the environment will be negligible, and radiation emissions will fall below regulated levels. The tower height is proposed to service the desired geographic area, and the applicant is required to comply with all federal and state regulations, as stated in the Development Standards. Design of the tower has been certified by an engineer for integrity, and the applicant indicates that the proposed site was chosen as a preferred site. D. Section 23-4-830. Performance standards. The proposed site meets the required setback of over 100'. No lighting is proposed for the structure. Design of the equipment building is of a simple aggregate material, which is appropriate and compatible with the surrounding agricultural support buildings and uses. E. Section 23-4-840. Base or accessory site design. No landscaping is proposed, since the base equipment will be screened from County Road 39 by the existing agricultural support buildings. For views from the west and Highway 85, the equipment shelter is located a distance enough away that it will blend into the other buildings on the site. USR-1560 Verizon cell facility& monopole Page 4 F. Section 23-4-850. Co-location on antenna towers. The tower is being designed to accommodate co-location for the future, and a proposed Development Standard will ensure its capability. This recommendation of approval is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. All sheets of the plat shall be labeled USR-1560. (Department of Planning Services) B. The Special Review Permit Plan Map shall be amended as follows: 1. The proposed 12-foot access easement shall be shown. (Department of Public Works) 2. The attached Development Standards shall be included. (Department of Planning Services) 3. The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld County Code. (Department of Planning Services) C. A Non-Conforming Use (NCU) Permit must be completed and approved for the second home on the lot. The NCU is required to document the historic use of two residences on a single lot. (Department of Planning Services) D. A Subdivision Exemption (SE) application must be completed and approved for the creation of a parcel for public utility facilities, as indicated in Section 24-8-30 of the Weld County Code. (Department of Planning Services) E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of Item #1 above, the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps{a�co.weld.co.us. (Department of Planning Services) USR-1560 Verizon cell facility& monopole Page 5 5. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. (Department of Planning Services) 6. Prior to construction at the site: A. A building permit shall be obtained prior to the construction of structures of the monopole and equipment shelter. (Department of Building Inspection) B. A plan review is required for each building or tower for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) C. A letter of approval from the Eaton Fire Protection District shall be provided. (Department of Building Inspection) USR-1560 Verizon cell facility&monopole Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-1560 Verizon Wireless (Milne property) 1. The Site Specific Development Plan and Special Use Permit is for a Major Facility of a Public Utility [one (1) cellular communication tower over seventy feet in height (100 feet)] in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. Signage at the site is limited to non-illuminated warning and equipment identification signs. (Department of Planning Services) 4. The operation shall comply with all applicable rules and regulations of the Federal Communication Commission (FCC). (Department Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 9. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 10. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility. (Department of Public Health and Environment) 11. Bottled water shall be utilized for drinking and hand washing during construction of the project. (Department of Public Health and Environment) 12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) USR-1560 Verizon cell facility& monopole Page 7 • • 13. Utilize the existing residential/telecommunication facility operation access point. The applicant is identifying a proposed 12-foot access easement through the farming operation to access the proposed leased area. (Department of Public Works) 14. The leased easement shall be a graded and drained road to provide an all-weather access. (Department of Public Works) 15. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 16. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 17. A building permit shall be obtained prior to the construction of structures of the monopole and equipment shelter. (Department of Building Inspection) 18. A plan review is required for each building or tower for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 19. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 20. The building will be classified as an (Equipment shelter) B and (Monopole) U. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the zoning Ordinance. (Department of Building Inspection) 21. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 22. Provide a letter of approval from the Eaton Fire Protection District prior to construction. (Department of Building Inspection) 23. Verizon Wireless or their assignees shall allow co-location by others on the communications tower. (Department of Planning Services) 24. The operation shall comply with all applicable rules and regulation of the Federal Communication Commission (FCC). (Department of Planning Services) USR-1560 Verizon cell facility&monopole Page 8 • • 25. The operation shall comply with all applicable rules and regulations of the Federal Aviation Commission. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 27. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 28. Weld County Government Personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 29. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) USR-1560 Verizon cell facility& monopole Page 9 DEPARTMENT OF PLANNING SERVICES i\P(1( 4 NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-61010 0, Ext. 3540 FAX: (970)304-6498 COLORADO May 22, 2006 James Milne do Valerie Cardenas 2604 Stout St. Ste. 2 Denver CO 80205 Subject: USR-1560- Request for A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole cellular tower) in the A(Agricultural)Zone District on a parcel of land described as Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for August 1, 2006, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Eaton and Greeley Planning Commission for their review and comments. Please call Eaton at 970-454-3338 and Greeley at 970-350- 9780 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Eaton and Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, /) Brad Mueller Planner • • Page 1 of 2 Brad Mueller From: Valerie Cardenas [valerie@g3consulting.com] Sent: Wednesday, July 12, 2006 11:16 AM To: Brad Mueller Cc: Herb Quintana Subject: RE: other questions about Eaton proposal - GRE Eaton Hi Brad, I just spoke my RF Engineer regarding your array question; can the antennas be moved in closer to the tower? The answer is yes, but only by approximately 1' on each side and it will not change the asthetics of the facility what-so-ever. The negative side to this will be that VZW will not be able to orient the antennas or tilt them as they wish thus minimizing the maximum coverage area possible. Back to your original question, can the antennas be moved in close to the tower, the answer is yes but there really would be no benefit to the asthetics of the facility thus VZW would rather not modify the exitsting proposed design. As for your other question which relates to Section 23-4-810 - Preferred Commercial Tower Facilities, the reason this site was selected as I explained in my initial narative, had to do with capacity issues being encountered at VZW's other facility located in Greeley on the 35th Ave., but to elaborate further,VZW not only wants to improve the capacity issue in Greeley but it would also like to increase their coverage area into the growing Eaton area as well. As you are aware the growth in Eaton exists therefore if VZW were to locate their facility on one of the existing structures in Lucerne it would not accomodate the need to cover the entire Eaton area. The same holds true if VZW were to locate their antennas on the existing monopole at the Ace Hardware store located in Eaton, because the location is so far north from the existing Greeley site, it would not accomodate the need to assist the capacity overload problem. In conclusion, this specific location was selected to accomodate both the need to offload the existing over capicity site as well as provides increased coverage to the entire Eaton area. Brad if you need further information please call me. I'll be glad to answer any of your questions. Thank you. Valerie Cardenas 303-333-4012 office 303-903-3990 mobile From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wed 7/12/2006 7:20 AM To: Valerie Cardenas Subject: other questions about Eaton proposal Valerie, I'm glad we were able to catch one another late yesterday. I know you plan to get back to me on the array. One other question . . . Can you please take another look at Section 23-4-810 of our Code and discuss with me how you came to select this site (some of that's in the narratives) and, more to the point, why you weren't able to co-locate on existing towers or buildings in the areas? 07/23/2006 • • Page 2 of 2 I think you've covered that in your own analysis, but the narratives are not explicit about these questions, and I don't want that to be something that the Planning Commissioner raise in the hearing, without an explanation. Thanks -- look forward to chatting with you. Brad 07/23/2006 PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS July 22, 2006. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, BRAD MUELLER , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE COUNTY COMMISSIONERS HEARING FOR USR-1560, AN APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A Major Faicility of Public Utility (Verizon Wireless — 100-foot monopole cellular tower) IN THE "A" (AGRICULTURAL) ZONE DISTRICT. J Sow:. PivGt tEi2 . Name of Person Posting Sign/ Signature of Person Posting Sign STATE OF COLORADO ) ) ss. 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E CJ h r qq • s I i ai !! .y l't� lIpl{I .itigiU{i�it;Itg{, h. dI, 4 • • 4 j p rills t r 'v=x4. r tih ac S; '� �� C �` C'+Cy S U�.- t 4t , qa Y,,.. t uL. l b ',§<� n s. 3!:',',1,,': a.VgN y ;a. y t , - PG viv �'r t?� :a iv i � -, .+- Y -..''t m-3 nf.�#" tom'i °d-:,* • Y ., I . n.: k—{i - t ..Y W:Zt yvuiwrt �ni.,+w.: .tc�y .v r 5 • a Ct, rZ, A ��c 1.3Z e j 43.....iK qq,� d id di did ' — .SZ w-c 1�G V . °pd,dy: roba. 3 �` �" Y mb • ,v r . £r mfi"P a' "r r �,� � --sr - EM --i-r lD So � C?7Qtiti -.t., ` 7 J• 3: � 06fv oW ' , 'de rlT .., � =- rig G GCR s - 6 • • FIELD CHECK Inspection Date: 7/20/06 Applicant: Milne / Verizon Case #: USR-1560 Request: Legal: Section: T: N R: W Location: Parcel ID #: Acres: Zoning Land Use N A N Active farmland E A E Active farmland S A S Active farmland W ; A W Active farmland Comments: • active farming on the lot— various farm implements parked in the yards, all in working condition and with license plates, as applicable • two homes on the site — need NCU Signature X House(s) (2 homes) o Derelict Vehicles X Outbuilding(s) ❑ Non-commercial junkyard (list components) X Access to Property o Irrigation Sprinkler X Crop Productions X Crops X Site Distance ❑ Wetlands o Mobile Home(s) X Oil & Gas Structures (south prop. Line) ❑ Other Animals On-Site o Wildlife ❑ Water Bodies o Utilities On-Site (transmission lines) X Ditch (east border) ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. rig � APPLICATION FLOW SHEET WADe '..COLORADO _.. APPLICANT: James G. Milne III (Verizon) CASE#: USR-1560 REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies(Verizon Wireless- 100-foot monopole cellular tower)in the A(Agricultural) Zone District. LEGAL: Portion of E2 of Section 7, Township 6 North, Range 65 West of the 6th P.M., Weld County, CO. LOCATION: West of and adjacent to County Road 39, one-half mile south of County Road 72, south of Eaton. PARCEL ID#: 0803 07 400012 ACRES: 107 +/- DATE BY Application Received 4/28/06 BM Application Complete 5/19/06 BM PC Hearing Date: August 1, 2006 Action: Utility Board Date: NA N/A N/A PC Sign to be Posted By: July 21 PC Sign Posted Referrals Listed 5/22/06 BM File Assembled Fj 6D/tip tfrrY Referrals Mailed / Chaindexed /// Letter to Applicant Mailed '\ Date Public Notice Published in County Newspaper \ Surrounding Property&Mineral Owners Notified Planning Technician Maps Prepared Iti t gala .�- Field Check by DPS Staff c3 A^ U rt tr www.q3consulting.com<,�s� mg.com LNO U S U L T I U 6 Planning Commission Resolution Sent to Applicant + st Planning Commission Meeting Minutes Filed in Case a 444t Case Sent to Clerk to the Board s. BCC Hearing: Action: x "` I nniiinicnialliminmeinnan BCC Sign to be Posted By: T BCC Sign Posted Plat and/or Resolution Recorded Recorded on Maps and filed '_ �/�7.G'6 Overlay Districts Zoning A Airport YesNo_X Geologic Yes No_X_ Flood Hazard Yes_ No X_ • • 'DrCAPr i 1 Plat Checklist POC Planner Item Comments Check Clteck Proper size and material 24" x 36" or 18" x 24" /Minimum 3 millimeter polyester sheet ✓ I Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale? (1"=200' or 1"=100') Accesses indicated Shared Access? I f so, is easement Certificate included? - Roadslabeled, including v R.O.W Building Envelope(s) Vicinity Map Suitable Scale'?(Minimum I"=2000') ,-• North Arrow - I Legal Description Notes from Planner/ r''`"''�',-`^� -ODevelopment Standards ( J Conditions of Approval r r CI C e S, S (31 I ! Owner's Certificate Notarial Certificate included?All owners must sign the plat, V I check the deed. 1 Surveyor's Certificate and All surveyed plats -- • - Surveyor's Stamp Note: USE.plats do not need to be surveyed I Director of Planning Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Certificate Approved) Planning Commission (USR, COZ,Minor Sub. Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) IVA (Final PUD, RE,SE&ZPMH if Board approved) \ ,,N, Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) Easements \ Please return the plat to the GIS Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: 5_" - / Date: /1 / y 0 /c'Ce NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday,August 1,2006,at 1:30 p.m.for the purpose of considering A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies(Verizon Wireless-100 foot monopole cellular tower)in the A (Agricultural)Zone District for the properly described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER:USR-1560 APPLICANT:James B.Milne PLANNER:Brad Mueller LEGAL DESCRIPTION:Pt of the E2 of Section 7,T6N,R65W of the 6th P.M., Weld County,Colorado. TYPE AND INTENSITY OF PROPOSED USE:A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless-100 foot monopole cellular lower)in the A(Agricultural) Zone Distrct LOCATION:West of and adjacent to CR 39;''A mile south of CR 72. SIZE: 107 4-acres,more or less. The public hearing will be held in the Hearing Room.Weld County Planning Department,91810'"Street,Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning,918 10"Street, Greeley,Colorado 80631,before the above date or presented at the public hearing on August 1,2006. Copies of the application are available for public inspection in the Department of Planning Services.91810"Street, Greeley,Colorado 80631. Please call Voneen Macklin at(970)353-6100,Ext. 3540,or Fax#(970)304-6498,prior to the day of the hearing so that reasonable accommodations can be made if,in accordance with the Americans with Disabilities Act,you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance,due to lack of quorum or otherwise. Contact the Department of Planning Services at(970)353-6100, ext.3540,for hearing continuancein Bruce Fitzgerald, Weld County Planing /} Weld County Planning Commission Jf/�� To be published in the Fort Lupton Press. !� To be published one(1)time by Jul 12, 2006. July �a F©/F,9 ' 4 6, EXHIBIT NOTICE OF PUBLIC HEARING PROOF OPPUBLICATION The Weld County Planning FORT LUPTON Commission he will my a publig hearing o1:30 for pp 1, STATE OF COLORADO 2006,f at p.m.for the eosc of considering A Site Specific Development Plan and Use by COUNTY OF WELD SS. Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless- 100 foot monopole cellular tower) in the A (Agricultural) Zone District I, Karen Lambert, do solemnly swear that for the properly described below. Approval of the request may am the Publisher of the Fort Lupton Press; create a vested property right pursuant to Colorado Law. that the same is a weekly newspaper printed CASE NUMBER: 1560 APPLICANT:James and published in the County of Weld, State B.B.Milne PLANNER:Brad Mueller LEGAL DESCRIPTION: Pt of the of Colorado, and has a general circulation E2of Weld County,Colorado. Section 6th P.M., therein; that said newspaper has been AND USE:INTENSITYA OF published continuously and uninterruptedly PROPOSED A Site F Development Plan andUse by in said county of Adams for a period of more Special Review Permit for a Major Facility of a Public UtilityWireless or Public than fifty-two consecutive weeks prior to the Agencies monopole n - 100 Y foot cellular tower) in first publication of the annexed legal notice the A(Agricultural)Zone District to LOCATION:m. a sot of and adjacent 72. or advertisement; that said newspaper has to C ATION:ilWest h of C SIZE:107+/-acres,more or less. been admitted to the United States mails as The public Room willWeld held in second-class matter under the provisions of the rublicg hearing g., beCounty PlannStreet, Greeley, Department, 918 10th the act of March 3, 1879, or any Street. Greeley, Colorado. Comments or objections related to amendments thereof, and that said the above request should be submitted to the Weld in Department of e writing Planning, newspaper is a weekly newspaper duly County 918 10th Street, Greeley, Colorado 80631, qualified for publishing legal notices and Col before the above date or presented at the public advertisements within the meaning of the hearing on August 1,2006. Copies of the application are laws of the State of Colorado. That the available for public inspection '^ a annexed legal notice or advertisement was the Department of Planning Services,918 10th Street, a published in the regular and entire issue of Greeley, Colorado 80631. Please CP 9 call Voneen Macklin at(970)353- 7412 0 6100,Ext.3540,or Fax a(970) YYI every number of said weekly newspaper for 304-6498, prior to the day of the F C '¢ the period of 1 consecutive insertion(s); and hearing so that reasonable m accommodations can be made if, r— that the first publication of said notice was in in accordance with the Americans rn ti• K o with accommodations Act. you require the issue of newspaper, dated 5th day of special D accommodctioyo in order CD = o a to panicipate in this hearing as a < N Tut July, 2006, and the last on the 5th day of result of a disability. All cases L scheduled before the Planning O m O July, 2006. Commission for hearing are p-1 subject to continuance,due to lack ® y of quorum or otherwise. Contact the Department of Planning B Services at (970) 353-6100, ext. CD 3540, for hearing continuance K information. Bruce Fitzgerald,Chair Weld County Planning Commission To he.published in the Fort Lupton Press. To be published one (1) time by July 12,2006. Pub2Sribedanirnbeforerne, this the 29th day of June, 2006. / Notary u ic. CASE NO.401951 key 29789 • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT #/AMOUNT # /$ CASE #ASSIGNED: (ASR- ICC) a APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number i) a /2 3 - 1 - /- C - (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description jyy/l ,enn __ —__—__, Section , Township la_ North, Range 4West Flood Plain: /1/O Zone Districted, Total Acreage:_/f�q^it'i/, Overlay District: 21//1 - Geological Hazard: e , Airport Overlay District: ��""''__ FEE OWNER(S) OF THE PROPERTY: N c ///Ies In- f"1 m e Work Phone#__ jcf/ 9WI _Home Phone#9Jo _Email Address: Address: /14157-17/� - __ — ---- C i t y / S t a t e / Z i p C o d e ---__Zaceer_der_d0 tot N a m e Work Phone# Rome Phone# Email Address: _ --- Address: ---- -City/St a t e / Z i p Code N a m e Work Phone# Home Phone# Email Address: Address: ---- ---- -- C i t y / S t a t e / Z i p Co d e APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) • N Work Phone#3 ✓'331t11L2- Home Phone#e3a?-9D1 `,.g0EmailAddress:a.fEaGOlsr/L7,rC1%y-Coe Address: ZGoz! Sfei. C i t y / S t a t e / Zip Code PpSED P RO� 42L2 1211� s�1J_7,La O6 iQ*_ /.CSC S_AL-572 l��!_ �?-J EXHIBIT 1 -6- 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 signato a to legal o,t, t ig, or the corporation. Signatu . Owner or Authoriz d g nt Date / Signature: Owner or Authorized Agent Date SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE 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 p as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. —//eale re erericc a/Aac 47 en 71.- 2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22 (Comprehensive Plan). 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. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. 5. Describe, in detail, the following: a. How many people will use this site? b. How many employees are proposed to be employed at this site? c. What are the hours of operation? d. What type and how many structures will be erected (built) on this site? e. What type and how many animals, if any, will be on this site? f. What kind (type, size, weight)of vehicles will access this site and how often? g. Who will provide fire protection to the site? h. What is the water source on the property? (Both domestic and irrigation). I. What is the sewage disposal system on the property? (Existing and proposed). j. If storage or warehousing is proposed,what type of items will be stored? 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. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. 8. Explain how the storm water drainage will be handled on the site. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. 10. Explain where storage and/or stockpile of wastes will occur on this site. -7- SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE 1. Explain, in detail the proposed use of the property. • The proposed use of the 20' x 45'leased area will consist of a Verizon Wireless telecommunication facility. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). • The intent for this proposal is for the sole purpose of improving telecommunications through the Eaton, Lucerne and northern Greeley area. The proposed facility is consistent with the intent of the Weld County Code Chapter 22 in that it will not utilize any land that is currently being used for agriculture nor is it an area where agriculture can expand into in the future. The specific location of the proposed facility is located • adjacent to a large garage which houses farm equipment. 3. Explain how this proposal is consistent with the Weld County Code, Chapter 23 (zoning) ant the zone district in which it is located. • This proposal is consistent with the intent of the Weld County Code Chapter 23 in that Commercial Towers is listed as an allowed uses by right with the stipulation that they comply with the provisions of Section 23-4-800, in which the proposed facility has done to the fullest extent possible. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with the surrounding land uses. • The areas which surround the site consist of agricultural farming. It is with much research that this specific location was determined due to the lack of tall buildings or structures within the objective coverage area. The „ proposed facility will be located and built behind a large garage so that all associated equipment along with the lower part of the tower will be completely hidden from the right of way; WCR 39. This specific location was determined because it would minimize any intrusiveness it may have on the agricultural community. 5. a. Flow many people will use this site? • Directly none, but indirectly, every Verizon Wireless customer. In addition, should Verizon Wireless host another telecommunication carrier's antennas on their monopole, then their customers will also be affected. b. How many employees are proposed to be employed at this site? • None c. What are the hours of operation? • This facility will operate 24 hours day, 7 days a week but it will be unmanned. d. What type and how many structures will be erected (built) on this site? • One (1) 100' monopole and one (1) 12'W x 26'L x 11'H equipment shelter. e. What type and how many animals, if any, will be on this site? • None SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE f. What kind (type, size, weight) of vehicles will access this site and how often? • One (1) ton pick-up truck approximately once a month for routine maintenance. g. Who will provide fire protection to this site? • Eaton Fire Department h. What is the water source on the property? (Existing and proposed). • N/A —as the proposed facility will not need water or sewer i. What is the sewage disposal system on the property? (both domestic and irrigation) • N/A— as the proposed facility will not require a sewer system j. If storage or warehousing is proposed, what type of items will be stored? • N/A—this proposed facility will not store or warehouse any items 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. • Early in my research I was advised by the Planning Department that if the ,, facility is not in the view of the right of way then a landscape plan may not be required. Therefore the specific location was designated with this in mind, thus the proposed facility is located behind a large oversized garage which conceals the equipment shelter along with the lower part of the monopole. 7. Explain any proposed reclamation procedures when termination of the Use by Special Permit activity occurs. • As standard language within the Lease Agreement between Verizon Wireless and the property owner, Verizon Wireless will remove the facility and restore the property to it's original condition upon termination of use. 8. Explain how the storm water drainage will be handled on this site. • The location of this facility sits adjacent to the crop field approximately 10' above the field, therefore storm water drainage should not be an issue at this site. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. • Construction of this facility will take approximately 30 days and is currently scheduled to begin within the first quarter of 2007. 10. Explain where storage and/or stockpile of wastes will occur on this site. • N/A—this facility will not create any waste. 2604 Stout Street,Suite No.2,Denver,tlo 80205 phone/303.333.4012 fax/303.333.400 �s n s U l T I 0 G int. April 28,2006 l �, Weld County Planning Department y, ' Project Summary-34417 WCR 39, Unincorporated Weld County,CO 80615 Verizon Wiireless proposes to construct a telecommunication facility at 34417 WCR39.The subject property is zoned Agricultural/Residential and is developed and used for agricultural farming. The proposed telecommunications facility will include a free standing monopole 100' in height along with an equipment shelter with the dimensions of 12'W x 26'L x II'H which will contain an emergency generator. In addition,the monopole will be constructed to host additional antennas should one(I) additional carrier request to co-locate. Height The proposed monopole is 100' in height. Visual Impact The site was selected for a wireless telecommunication facility with the goal of minimizing any impact on the surrounding/adjacent properties. In an effort to minimize the impact,the proposed facility was located behind an existing 22' garage in an effort to keep the equipment shelter from view of WCR 39. Facility Maintenance One technician will visit the site approximately once each month. The service visit typically takes two hours and acts as a preventive maintenance measure. Development Assurances 1. The proposed facility will not emit noxious odors, heat,noise or other pollutants. 2. Traffic to the facility will be negligible. 3. Construction of the facility will exceed safety standards and comply with all applicable local and state building codes and regulations. 4. The proposed facility will be designed to withstand local wind and weather conditions. 5. The facility will not interfere with television or radio reception. 6. The facility will be built and designed for co-location with other wireless carriers. 7. The facility will be removed at the expense of the facility and/or property owner if it is abandoned. Conclusion The proposed facility is in compliance with all zoning ordinance requirements. Verizon Wireless is strongly committed to constructing wireless telecommunications facilities with the least visual impact to the community. The proposed wireless telecommunication site is essential for Verizon to provide a seamless network serving the Lucerne and Eaton communities. www.q3consulting.com May 16, 2006 Weld County Planning Department Project Summary—34417 WCR 39,Unincorporated Weld County,CO 80615 Verizon Wiireless proposes to construct a telecommunication facility at 34417 WCR39. The subject property is zoned Agricultural/Residential and is developed and used for agricultural farming. The proposed telecommunications facility will include a free standing monopole 100' in height along with an equipment shelter with the dimensions of 12'W x 26'L x 11'H which will contain an emergency generator. In addition,the monopole will be constructed to host additional antennas should one(1) additional carrier request to co-locate. The need for this facility is based on two different factors. Verizon Wireless currently has a telecommunication facility located in southern Greeley on 35''Avenue which has capacity issues. With the influx on Verizon Wireless customers,it is not uncommon to receive a busy signal during peak call times. This site not only covers the immediate area where it is located but approximately 10 miles out which includes the Lucerne area. Verizon Wireless would like to down tilt the antennas at this site in an attempt to accommodate a smaller area thus providing a solution to the capacity issues within the immediate vicinity. In addition,the placement of a new facility just north of Greeley will not only assist with the over capacity issue but it will also accommodate the need to provide additional coverage to the Eaton community. Therefore the intention of locating another facility,like that which is being proposed between Lucerne and Eaton will provide service to a larger coverage area as well as accommodate to need to offload the over capacity site. Height The proposed monopole is 100' in height. Visual Impact The site was selected for a wireless telecommunication facility with the goal of minimizing any impact on the surrounding/adjacent properties. In an effort to minimize the impact,the proposed facility was located behind an existing 22' garage in an effort to keep the equipment shelter from view of WCR 39. Facility Maintenance One technician will visit the site approximately once each month. The service visit typically takes two hours and acts as a preventive maintenance measure. Development Assurances 1. The proposed facility will not emit noxious odors,heat,noise or other pollutants. 2. Traffic to the facility will be negligible. 3. Construction of the facility will exceed safety standards and comply with all applicable local and state building codes and regulations. 4. The proposed facility will be designed to withstand local wind and weather conditions. 5. The facility will not interfere with television or radio reception. 6. The facility will be built and designed for co-location with other wireless carriers. 7. The facility will be removed at the expense of the facility and/or property owner if it is abandoned. Conclusion The proposed facility is in compliance with all zoning ordinance requirements. Verizon Wireless is strongly committed to constructing wireless telecommunications facilities with the least visual impact to the community. The proposed wireless telecommunication site is essential for Verizon to provide a seamless network serving the Lucerne and Eaton communities. • 0 • PLANNING COMMISSION CERTIFICATION This is the certify that the Weld County Planning Commission has certified and does hereby recommend to the Board of County Commissioners, Weld County Colorado, for its confirmation, approval and adoption this Site Specific Development Plan and Use by Special Review as shown and described thereon this _ __ day of , 20 . Chair,Weld County Planning Commission BOARD OF COUNTY COMMISSIONERS CERTIFICATION This is to certify that the Board of County Commissioners,Weld County,Colorado,does hereby confirm and adopt this Site Specific Development Plan and Use by Special Review and Development Standards as shown and described hereon this _ _ day of , 20 _ Chair, Board of County Commissioners ATTEST: Weld County Clerk to the Board BY: __ Dated: Deputy Clerk to the Board PROPERTY OWNER'S CERTIFICATION The undersigned major property owner(s) do hereby agree to the Site Specific Development Plan and Use by Special Review Development Standards as described hereon this _ day of_ , 20 . Signature Signature FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: /,/ Business Name: /.��k�---- Phone: fa_12/-�7,, /�d2r--- Address:J/5L_ J`((//U / — ilia_ City,ST,Zip: , a4a y.S__LOU// Business Owner:_ 147).0/7 Phone:�'Q�� p -�� UUUUUU ((�� -12- 0 • Home Address: 3Yz1 % b%VE __ City,ST,Zip: j /4Qf�DL/,.�Pl /�� GO�/1 G . List three persons in the order to be called in the event of an emergency: (1C, /c475 NAME TITLE ADDRESS PHONE 44_14/2-eoess„,7‘25)2z471.4,7 _, Lj silt/r th&fika#177±33-_-&__s_a_ras-iii2& Business Hours: �` _Days: _--— Type of Alarm: i1Von.0 Burglar Holdup Fire Silent Audible Name and address ofAlarm Company:__ At AI Location of Safe: MISCELLANEOUS INFORMATION:Number of entry/exit doors in this building:___ Location(s):,1//4,1(,,$[L,S/ , 994"2eesrn7L Is alcohol stored in building?_ {YO—_Location(s): Are drugs stored in building?_/_—_Location(s): Are weapons stored in building? %_ —Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. Physical Security Check _____Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off:_ Exterior Water Shutoff: _/' InteriorWalerShutoff: _ -- AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description:_ 4se .z/k Z2ce__d?` .&L a � r _L/- __— -13- EXHIBIT A(LEGAL DESCRIPTION) Order No: 10815541 GRE- Eaton -Alt. 1 ALL that part of the East Half(E %)of Section Seven(7),Township Six(6)North, Range Sixty-five (65),West of the 6`h P.M.,Weld County, Colorado, lying East of the right-of-way of the Union Pacific Railroad Company and South of the following described line: COMMENCING at the East Quarter Corner of said Section Seven (7) and considering the East line of said Northeast Quarter to bear North 01°32'35"West, and with all other bearings contained herein relative thereto;thence North 01°32'35"West, 648.05 feet along said East line to the True Point of Beginning;thence South 88°43'40"West, 1859.50 feet to a point which lies 50.00 feet as measured at right angles Easterly from the centerline of said railroad. REFERRAL LIST Name: Milne Case#USR-1560 County Towns &Cities Fire Districts _Attorney _Ault _Ault F-1 ,i z Health Department _Berthoud _Berthoud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Mgt Office- Ed Herring _Dacono _Brighton F-3 Sheriffs Office „, z Eaton I z Eaton F-4 _ z Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 _Airport Authority _Firestone _Hudson F-7 ,, z Building Inspection _Fort Lupton _Johnstown F-8 . z Code Compliance_S.-Ann_N-Beth _Frederick _LaSalle F-9 _Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services z Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div._ of Water Resources _Johnstown _Platte Valley F-14 _Geological Survey _Keenesburg _Poudre Valley F-15 _Department of Health _Kersey Raymer F-2 _Department of Transportation _Lasalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-20 Water Conservation Board _Longmont _ _ Wiggins F-18 _Oil &Gas Conservation Commission _Mead _Windsor/Severance F-17 _Milliken Division of Wildlife _New Raymer _South Hwy 66 (Loveland) _Northglenn _North Hwy 66 (Greeley) _Nunn Commissioner Division of Minerals/Geology _Pierce _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _BoulderValley/Longmont _Windsor _Brighton/SE Weld Centennial Counties _ Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _ _ Broomfield _Little Thompson _Latimer Federal Government Agencies Other US Army Corps of Engrs _School District RE- USDA-APHIS Vet Service _ _ Central Colo. Water Federal Aviation Admin (Structures _Left Hand Water over 200 ft or w/in 20000 ft of Pub _Ditch Company Airport _Art Elmquist (MUD Area) z_Federal Communications Comm EXHIBIT 17 Weld County Referral ' Weld County Planning Departmetllay 22, 2006 IGREELEY OFFICE cMAYS 1 2006 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant James B. Milne Case Number USR-1560 Please Reply By June 19, 2006 Planner Brad Mueller Project A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole cellular tower) in the A(Agricultural)Zone District Legal Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 39; '/z mile south of CR 72. Parcel Number 0803 07 400012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) August 1, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan aWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments Signatur4, Date 5/34e Agency TOWN OF EATON 223 First Street Eaton, CO 80615-3479 •:•Weld County Planning Dept. ❖918 10'Street, Greeley,CO.80631 •'x(970)353-6100 ext.3540 4(970)304-6498 fax \(‘:11 Weld County Referral I Weld County Planning Departmfu�ty 22, 2006 GREELEY OFFICE C. JUN 1 9 2006 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant James B. Milne Case Number USR-1560 Please Reply By June 19, 2006 Planner Brad Mueller Project A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole cellular tower) in the A(Agricultural)Zone District Legal Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. F ( Location West of and adjacent to CR 39; 'A mile south of CR 72. Parcel Number 0803 07 400012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) August 1, 2006 We have reviewed the request and find that itit94 does not comply with our Comprehensive Plan .. We have reviewed the request and find no conflicts with our interests. See attached letter. Comments• Signature / Date 6_13_06 Agency FFD ( faro t.) c;¢e tee? &Weld County Planning Dept. +918 10°'Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 4) 1 it Weld County Referral May 22, C. [ COLORADO _ YAY 2 4 2006 The Weld County Department of Planning Services has received the following item f rWalitgOUNTY PUBLIC WORKS DE Applicant James B. Milne Case Number USR-1560 Please Reply By June 19, 2006 Planner Brad Mueller Project A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole cellular tower) in the A(Agricultural)Zone District Legal Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 39; '/2 mile south of CR 72. Parcel Number 0803 07 400012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) August 1, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. V, See attached letter. Comments• Signature Date 5- p Agency G� EXHIBIT +Weld County Planning Dept. +918 10'h Street, Greeley, CO.80631 ❖(970)353-6100 ext.3540 ❖(970)304- Weld County Planning Department GREELEY OFFICE MEMORANDUM �fAY 3 zoos RECEIVED TO: Brad Mueller, Planning Services DATE: May 30, 2006 11111 C FROM: Donald Carroll, Engineering Administrator gib • COLORADO SUBJECT: USR-1560, James B. Milne The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 39 is a local paved road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required setback is measured from the future right-of-way line. REQUIREMENTS: Utilize the existing residential/telecommunication facility operation access point. The applicant is identifying a proposed 12-foot access easement through the farming operation to access the proposed leased area. The leased easement shall be a graded and drained road to provide an all-weather access. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-ofi rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for bes management practices. pc: USR-1560 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1560.doc Weld County PI CREEL ig De %CE OFPartment JUN 2 z 2006 MEMORANDUmEC EiVED TO: BRAD MUELLER, PLANNING SERVICES ID FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH WIC. DATE:SUBJECT 06/9//560 2006 JAMES B.MILNE COLORADO CC: Environmental Health Services has reviewed this proposal for a 100 foot Monopole Cellular Tower (Verizon Wireless). We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. 6. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the facility. 7. Bottled water shall be utilized for drinking and hand washing during construction of the project. 8. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 4M - a -it \ Weld County Referral IMay 22, 2006 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant James B. Milne Case Number USR-1560 Please Reply By June 19, 2006 Planner Brad Mueller Project A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole I cellular tower) in the A(Agricultural)Zone District Legal Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 39; '/2 mile south of CR 72. Parcel Number 0803 07 400012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) August 1, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments' Signature lC�,w Date C/ -d� Agency JQ7/ i4/!- -Lvs,4C/Ion +Weld County Planning Dept. +918 101h Street, Greeley, Go.80631 .•(970)353-6100 ext.3540 ❖(970)304-6498 fax Q DEPARTMENT OF BUILDING INSPECTION Weld County Administrative Offices 918 10th Street, Greeley, O 80 31 WEBSITE: www.co.weld.co.us Phone(970) 353-6100, Ext. 3540 4 SI t4 "i:'sFax(970) 304-6498 COLORADO June 6, 2006 James B. Milne USR-1560 Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or public Agencies (Verizon Wireless- 100 foot monopole cellular tower) in the A (agricultural zone district). 1. A building permit shall be obtained prior to the construction of the monopole and equipment shelter. 2. A plan review is required for each building for which a building permit is required. Plans shall include a floor plan. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code. 4. The building will be classified as an(Equipment shelter) B, and ( Monopole) U. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 5. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 6. Provide letter of approval from Eaton Fire Protection District prior to construction. Please contact me for any further information regarding this project. Sincer y, R ger Igil4,0 Building Official Service,Teamwork,Integrity,Quality • • Weld County Referral May 22, 2006 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant James B. Milne Case Number USR-1560 €a Please Reply By June 19, 2006 Planner Brad Mueller I Project A Site Specific Development Plan and Use by Special Review Permit for a Major ( Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole cellular tower) in the A(Agricultural)Zone District Legal Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 39; 'V2 mile south of CR 72. s Parcel Number 0803 07 400012 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) August 1, 2006 U Wes have reviewed the request and find that it does/does not comply with our Comprehensive Plan U-iNe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ULM Signature On a , Date S- 3 Agency aasa„(\kar C(j i J +Weld County Planning Dept. ❖918 10th Street, Greeley,CO. 80631 <'(970)353-6100 ext.3540 +(970)304-6498 fax • ;41,?; Weld County Referral Weld County Planning Department GREELEY OFFICE May 22, 2006 111111 Co JUN X 6 2006 RECEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant James B. Milne Case Number USR-1560 Please Reply By June 19, 2006 Planner Brad Mueller t Project A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (Verizon Wireless - 100 foot monopole cellular tower) in the A(Agricultural) Zone District Legal Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 39; '/ mile south of CR 72. Parcel Number..__..,. 0803 07 400012 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) August 1, 2006 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments• Signature Date 6/ 57/0 017a F GRF.F[F�-CAP,.Kun 7 ,Deo az Pm.our; paw/tic, /Jiu(rs'.ow +Weld County Planning Dept. +918 10'"Street,Greeley, CO.80631 ❖(970)353-6100 ext.3540 4.(970)304-6498 fax OFFICE OF COMMUNITY EVELOPMENT f Planning Division 1100 101h Street, Suite 202, Greeley, Colorado 80631 • (970)350-9780 • Fax(970) 350-9800 •www.greeleygov.corn City of Greeley June 5, 2006 Brad Mueller Weld County Planning Department 918 10`° Street Greeley, CO 80631 Subject: USR-1560 Dear Mr. Mueller, Thank you for the opportunity to comment on this USR request. The City of Greeley Planning staff has reviewed the application and wishes to forward the following comments: 1. Require the applicants to pursue co-location of the proposed antenna on other existing towers or structures in the area or provide evidence demonstrating why those other locations cannot be utilized. 2. Encourage the applicant to pursue a stealth design or design techniques that would allow the proposed tower to blend in with the environment prior to the County Planning Commissioners hearing. If any questions arise, please do not hesitate to contact me at 350-9822. Sincerely, Cam,itile42f1 Darrell. Gesick Planner I SERVING OUR C O bI SI U N I T Y • t T ' s A TRADITION DJepronxrse lopreserue arxlirnpzooe Me?waffle/ oflr/e for Sreeley itrough timely, enorleou.s antCosl e//ecliue.serorce. i _e_ _, 0 _i I 'l . ...+ � r I I_ � i ■ f. :fe -�1 ,^ - m-.., ,.., at i J J ,__, LI C c_c ...- cx.. • ,/, , \!--- r I sa149e3 r 7 1.4I Li i _ r � V ) r, i rt ( 1 4 L at r�rt,.4-- -.1--- TZ 70 ito. ........., .O 01 ..-11:) I •,• n Fri , r 1 _ 7,_. (1 r -7' 1 7■ _ C ' 39 _ ■ Cr 1 r r ) 4 l i._.) -. — i _. , . . -� • n r ,.... . _.._ • .. ye, cv, I xi { _ J ) I _� __ ■ / I 7 _ / I 1 I l ts• °LI 1r— i: Ih —VS i a l_ L i O w _ 00ire N �, • I a I I I I �t .r,) • • - z - - r ! n _r r - II - s .r 1■ J ,fy L' .fir _ ) • t. ill,to i tie .? .1 j N Y I _ _rtttir.tu _ _ • 0 . 1 R 39 , . ..., _„. _ • w... • .. ,j ., IL s �. ., ... Ii .. - i ' 1 lr r. 1_ . . .. ..: 4. . _ . . .. . $ pi. i I , . - I 4 • ^ I CIF _ I I s! • �,.�. I 1 y � fillia? * • 1 . K• t t t iI I• i l ilif ~ • ! ' 1 S 1• f "3. {I • r .1 l • UP I ( Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: __ Date: L_114 Dig RE # : Other Case #: 1. Applicant Name_/k,,> 4/VS .4//6�/6z2N,Jc Phone l'3-fl3''d/2 ei dc?-50.3 Address u6y Shine-,S/•J,A' 'y2 City 4t..2V.07 State 6 Zip_eff2 oC 2. Address or Location of Access jyy/7 Weld druo1y i&< 3" Section 1EYy Township b/ Range h.,S /Subdivision Block Lot Weld County Road #: iq Side of Road 'Distance from nearest intersection VN i le. 3. Is there an existing access(es)to the property? Yes A( No # of Accesses 2-1 4. Proposed Use: Permanent U Residential/Agricultural ❑ Industrial U Temporary U Subdivision ❑ Commercial (4 Other 4>°0(eovnuni%Ele/ail y 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas D.R. = Ditch Road `a -,r,t lrlcc e;„ = House Prot u El = Shed �1 ' Ua,G�« A = Proposed Access A = Existing Access A h �j LQ �ovicer NfiAC, ...... ........... 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B ,' q" g a e e -i e K Y Y 6") gi c . e 5 8 B S s / ! a B ao t y $. II 2 g 8� ae i ¥ ! I 3 xg ssx @ to & c _¥ 6 F s E g e '1 �T_.. Iy :i r g R 0 a5 v v Bm B € s c°p 4 a a E ' N '' a! . = ' ¥ aga , e - i� ! g - ;- . d 1=1iii)w d 666 64¢D ;56 666 r- l65 Y m � 4! 4 � i ¥ ¥d9 i. ¥_¥ 4e xa ds ¥a ¥ ¥ ¥ ¥e ¥ ¥ ¥ g C 8 y IS,,," (> <; F> V (7) (i )�> X�7> t t >(/Q \ _ V l` / I i a (F = °I' r I -tJ / , z r F - n E98 °d V, 2r- $ -s b t May. 1. 20!:'6 3 : 57PM Q3 nsul t i Hgg Inc. No. 1338 P. 2 The Lt&l-I S TITLE INSURANCE or ABSTRACT COMPANY hereby certifies made a careful search of its records, and finds the following conveyances affectins ed herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.the reel estate described herein LEGAL DESCRIPTION: Scc ad 14. k Lc ,f CONVEYANCES (if none appear, so stale): `( Reception No.__`_ _ Book ��J�{ Reception No. 1-�_-g°. Reception No Book— _ALA Book —— Reception No. Book r�l Reception No. Reception No Book________ --' Reception No, Book Reception No Book Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County,Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title,nor a guarantee Title and the liability of _aRS_C r f1 - I {- i-l.�___ _COMPANY,ishareby limited to the fee paid for this Certificate. In Witness Whereor,__ v?'w`(225__fl^i G by its proper officer Ihis 1__ ___COMPANY,has caused this certificate to be signed _.��day of q.�,1��_ _.20 " _� Dier , at I1 .5±� company: LAW S 11 ILE INS. L P. By: V U orize gna ure SAMPLE PLAT CERTIFICATES EXHIBIT 5 EXHIBIT A(LEGAL DESCRIPTION) Order No: 10815541 GRE- Eaton -Alt. 1 ALL that part of the East Half(E ''/1)of Section Seven(7), Township Six(6)North, Range Sixty-five (65), West of the 6th P.M., Weld County,Colorado, lying East of the right-of-way of the Union Pacific Railroad Company and South of the following described line: COMMENCING at the East Quarter Corner of said Section Seven(7)and considering the East line of said Northeast Quarter to bear North 0l°32'35" West, and with all other bearings contained herein relative thereto;thence North 01°32'35" West, 648.05 feet along said East line to the True Point of Beginning;thence South 88°43'40"West, 1859.50 feet to a point which lies 50.00 feet as measured at right angles Easterly from the centerline of said railroad. 'hy. 1. 2"6 2: 57PM Q?�nsaltHg Ho. No. 13°° F. III 74,5- SPECIAL WARRANTY DEED QUIN M. LW. a limited liability company duly organized and existing under and by virtue of the laws of the Stale of Colorado, which acquired title by merger from Quin M. Investments, Ltd., a Colorado limited partnership, and whose address is 33998 Weld County Road 37, Lucerne, CO 80646, of the County of Weld, and State of Colorado, for the consideration of other valuable consideration and Ten and No/100 Dollars, in hand paid, hereby sells and conveys to James G. Milne, III, whose legal address is 33999 Weld County Road 37, Lucerne, CO 80646, in the County of Weld, State of Colorado, the following reel property in Rte County Of Weld, and State of Colorado, to wit. All that part of the East Half(E1/2) of Section Seven (7), Township Slx (6) North, Range Sixty-five (65), West of the 6th P.M., Weld County, Colorado, lying East of the right-of-way of the Union Pacific Railroad Company and South of the following described line: Commencing at the East Quarter Corner of said Section Seven (7) and considering the East line of said Northeast Quarter to bear North 01°32'35" West, and with all Other bearings contained herein relative thereto; thence North 01"32'35"West, 648.05 lest along said East line to the True Point of Beginning; thence South 88°43'40" West. 1859.50 feet to a point which lies 50,00 feet as measured at right angles Easterly from the centerline of said railroad TOGETHER with all and singular the hereditaments end appurtenances thereto belonging, or in anywise appertaining. and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either In law or equity, of, in and to the above bargained premises, with the heredltaments and appurtenances; subject to metiers of record and 1696 taxes due and payable in 1997, TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor,for ilsee • its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises In the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor Signed this I day of /.erlsar..ya.., , 1996. QUIN M LLC By < isc.e.zc,-,Lich 7l/zr.`rc.) Jean M.Milne- Manager STATE OF COLORADO ) COUNTY OF WELD )ss. The foregoing instrument was acknowledged before me this '7 " day of �an...,La_, , 1996, by Joan M. Milne, as Manager of Quin M. LLC, a limited liability company. Witness my hand and official seal. My commission expires fl. J-rf-' �:^'f 915': :,: Notary brrc�T ° `.i.e" ra ✓ �� ii c.,r C .,.y/ 2524765 9-tste P•-166 12/1bn970 03:29P PC I OP 1 at;C Geld County Co .iq tipki Tnek., 010 Cle rk k Recorder rl Yller 6.DD Nav 2'i Q6 3 : 3PM Q3iinsulIing Inc. • o, SP c • • 141/2,401k— ..-_ Y Rv.pU rJ .... )(Whitt -- SPECIAL,SPECIAL,WARRANTY DEED THIS DEED,M.m lhle rya day M ,1�-.-.+•+. �. ,la 96, bn.m, JAMES C. HILNE, III 33990 Weld County Road 37 Luoerne, CO ROG4G Mane Cooed' Field ,Sweofoomoo,ientapl and (WIN N. LLC, a ,limited liabilihy company muceloweanaa 33999 Weld County Road 37 Lucerne, CO 80046 wee ems( Ileld .Sake ofC.dende,emanate STINPdS6TH.Tµl de pes..40,for and i°o°uidetheee of the Turn of Other valuable considerltiun and Ten and No/100 DOLLAR'. the reeisale,Yulfeiew°f nbith is herdlly.cbreafaVT,hismeete4ql SMN N ad.Tola M ,eeeeeed.T byleewe,u,r4 d Oe how, battik',Tel.com,y,e ±t sty� a d WLflrn,,win the puled' ie / laao. iaaayerac Wtin ed N°perlY,nralkeet11 i,bp,°tHMM4 1r, Theme.Ido5.m eaeeln the °may of (Fold ,NeIte MCaorem, &rate,me faker: All that part of the eiorilleast Quarter (NE1/4) of Section 3oven(7), Township Six (6) North, Range sixty-five (by) , Nest of We 6th P-M., Weld County, Colorado, lying Peat of the right-of-way of the Union Pacific Railroad Company and North or the following described Sinc: Commencing at the East Quarter Cornet of said Section Seven (7) and Considering the East line of said tlortheast Quarter to bear North 01°32'35" West, and with all other bearings contained herein relatle thereto; thence north Ol.°32'35" ldest, 640.05 feet along said 1'aSt .line to the True Point of Beginning; thence South 08°43'40" West, 1859.50 feet to a point which lies 50.00 feet as measured at right angles easterly from the centerline of avid railroad, 2524764 B-158] 2-164 12/12/1996 01:29P PG 1 OF 1 BEG DOC We Ed County CC JA Saki teukaeotn CLerk 6 Recorder 6.00 NRAR y'Iyll a iWelHyI Mintantral2intarlaon0DaWWWAI TOCfTHR8•ill all and sineuler the heMMltheea,and elmurtnaee Nan beintilu,a in laywlle acseleini,g,amt ea,eveNaa end m rnu.db u,d,�.yylpa.eele.Inwood mmnnncrmf;.4 dl lie vMe rues,me,INISMI.eloe LWdeferd elWwavef ire �laQI.XA^wsla�wpW RM, E.t•�brrrn.q'ad prc T.7,�I16 N,eJ a pdeppurleouwyawb)eel ur �t rl,�a'ar w'�I' ictiMilar d T aey Y•uaT,°ne lne g'HugH, its-TAME" Ur6 lea,Hlab Sonde TbegnnteZ for him 1.1 his hero Slid perwonl reprcscn.li.a orstcakson,do e s vosv,ibt end agree khal he glom and wig WARRANT AND FOREVER DBFEND lira s ee-bllgainal'mmia.le Oa mad is tameable ow^wia oat,r'_oime, it3 rigglr5leilia'mina•U awl°,°n person a permu e6inuna the.M.4 m enY psi(lend,eY. IhrcoRlm wain the g.mtoyQ. my/in-mg wKEAQOI We y.04.90 Fe 6 wetseed minded nn Ihedec.a fork p,Ton. 1 I/ (TATR OF COLORADO Cwuy er W0 Id TTd radle Innmmenl Was setaaaledgel before roe we 9'I' bey of /Add µ,..,��-., ,1990 , by Janes G. Milne, III. whom,my hood Ned decalint nbm,n,nwlne ;ey 'Inn Dewey Inca•neysed•, eaf r ., „MI.T an Kiwi, H.....T u.lu..,e«.r..g.r Sww '.5+�Mr�wnT du e...na Na.g6.le.L$A. WM/a WARRANTY MD o-.nr.,a waiann Ilia ware.sr.,DOW.Co Wau—ymr,asr.a.0 5'I May, 2'''96 3 : 33PM 'OOnsu ' ` t. ing Inc. No. ' 388 , • I .I v 7f ♦ n-1 li' . I , ' t 1 l AR2o5ha)4 B 1115 ARC 02056090 06/05/06 11:14 $9.00 CO, Co F 0662 M. . ANN . __. ____ .._ CLYRR & RYCORDEA WYLp O, CO - yl n_J.5. Carlson Farms, Inc. a corporation duly organized and oxlating under and by striae of �! " L ' the lawn of the Stnta of Colorado I-1, whose address 1a Roo to 1, nox 186, mcon Sion Doavnee�npto� ry Feel r ( ' Dole k—,526. la { County of We La .and stout of f 'T. Colorado ,for the consideration of other valuable cone Ldscorione and 'icndollate 6 if a >t in hand paid,hereby sell(a)and conveys to I� � I( James C. Milne III ( ) whose address Is 33990 Weld County Road 37, Lucerne li I, 1 ,County of i Weldnod 8bte of cols rode 80886 .s , :. ,thefollowing real property in the 1y r ,�i 1 , County of Weld ,and State of Colorado,to.wlt: a f` Get Exhibit "A" attached �'� i ' l ,l , Dk I i , !: -with all its a purtenanees,end warrant(s) the title to the Mime,ealeeC3ot "` + ' t r � r � v 7 I II 1 IrI S V(1,' ,�Aq�r�ad this dent D1_tal.,� ,19 86. ) � `. ( ' -iu�ii: • RA7F � ..n..l_S_..,Carlaan..Parme...Inc ] t6 to _ a' ,a ( \ 1:4 tt , If K �ard �-vvw' 1a 'I � N0 AtielA taut 8emetery. 'rA; Pnddaat. ti R 4p d n� (bite sTnTz;,oFrololtA.Do, I �� ,.. County et Weld !e. L t , The foregoing lnettulnent was acknowledged before me this ,),a8 day of " AT .-' ,, Li, I l• 1 ( I906 ,by Jerry 0. Carlson as President and f ,; ,f Beulah A. Canaan N Assistant $ecretafY o[ +: t , ' 1 �7 dl� - :' ,,,ay JI 1.5, Carlson Farms, Inc. ,a corporation_ p,nL< a Ic;� My commla ht eelieee I12 cisi , .,y P-ro�_ witness any nand and off lanai oea�� ° 6; 1�17Pgfa411N ,,p �p r ho a th ` 1 X S Notate.lPggANTY atao—gwt rem(h,ye.u...,— MW1O,45,_:NH t vas DMm.ecina,—PL I�. r r dJ. I • 2604 Stout Street Suite No.2,Denver,C•ado 80205 phone/303.333.4012 fax/303.333.40311 h^i. {' C , 'As u I. T I n mt. ,r. M e mo . To: Weld County Planning Department From: Valerie Cardenas—Site Acquisitionist/Real Estate Consultant Date: April 27,2006 Re: Verizon Wireless Proposed Telecommunication Facility Ladies and Gentleman, Per the Site Development Plan and Use by Special Review (USR) Procedural Guide Submittal Checklist, an application requirement of"One (1) copy of deed or legal instrument identifying applicant's interest in the property" is attached in that the identifying document is the Lease Agreement between James G. Milne Ill and Verizon Wireless which is currently in the process of execution. Attached: Lease Agreement between James G. Milne and Verizon Wireless www.q3consulting.com - GRE Eaton Alt. I OPTION AND LEASE AGREEMENT This Agreement made this day of , 20 , between James G. Milne, III, with his principal address at 18457 Highway 392, Lucerne, Colorado 80646, hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal offices located at 180 Washington Valley Road, Bedminster, New Jersey, 07921, hereinafter designated LESSEE. The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the"Party". LESSOR is the owner of that certain real property located in Unincorporated Weld County, State of Colorado at 34417 Weld County Road 39, as more particularly described in Exhibit "A," attached hereto and made part hereof. The entirety of LESSOR's property is referred to hereinafter as the "Property." LESSEE desires to obtain an option to lease an approximately nine hundred (900) square foot portion of the Property, with rights-of-way for access and utilities thereto. LESSEE's leased portion of the Property, together with all access and utilities rights thereto, are substantially as described herein in Exhibit "B" attached hereto and made a part hereof and are collectively referred to hereinafter as the"Premises." OPTION AGREEMENT NOW, THEREFORE, in consideration of the sum of Ma hereinafter referred to as "Option Money,"to be paid by LESSEE to LESSOR, which LESSEE will provide within forty-five (45) days of its execution of this Agreement, LESSOR hereby grants to LESSEE the right and option to lease said Premises, including rights-of-way for access and utilities thereto, for the term and in accordance with the covenants and conditions set forth herein. The option may be exercised at any lime on or prior to twelve (12) months from execution of this Agreement by both Parties. The time during which the option may be exercised may be further extended by mutual agreement in writing. If during said option period, or during the term of the lease if the option is exercised, LESSOR decides to subdivide, sell or change the status of the Property or their property contiguous thereto, they shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to protect LESSEE's interest in the Premises. This option may be sold, assigned or transferred by LESSEE, without any approval or consent of LESSOR, to LESSEE's principal, affiliates, or subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communications towers of LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of LESSOR, which such consent will not be unreasonably withheld or delayed. 1 GRE Eaton Alt. 1 Should LESSEE fail to exercise this option or any extension thereof within the time herein limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this option terminated,and LESSOR shall retain all money paid for the option, and no additional money shall be payable by either Party to the other. LESSOR shall cooperate with LESSEE in its efforts to obtain all certificates, permits and other approvals that may be required by any Federal, State or Local authorities that will permit LESSEE use of the Premises. LESSOR shall take no action that would adversely affect the status of the Property with respect to the proposed use by LESSEE. LESSOR shall permit LESSEE, during the option period, free ingress and egress to the Premises to conduct such surveys, inspections, structural strength analyses, subsurface soil tests, and other activities of a similar nature as LESSEE may deem necessary,at the sole cost of LESSEE. LESSOR agrees to execute a memorandum of this Option and Lease Agreement ("Memorandum") that LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either term or rent payments. LESSEE shall give notice of the exercise of the option to LESSOR in writing by certified mail,return receipt requested. Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. On the commencement date indicated in such notice,the following agreement shall take effect: LEASE AGREEMENT 1. PREMISES. LESSOR is the owner of that certain Property located in Unincorporated Weld County, State of Colorado at 34417 Weld County Road 39, as more particularly described herein in Exhibit"A"attached hereto and made a part hereof. The entirety of LESSOR's Property is referred to hereinafter as the"Property." LESSOR hereby leases to LESSEE a portion of the Property, being described as an approximately twenty foot (20') by forty-five foot (45') parcel containing approximately nine hundred (900)square feet. In addition, LESSOR grants to LESSEE the non-exclusive right for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks, along a twelve foot (12') wide rights-of-way extending from the nearest public right-of-way, County Road 39, to the leased portion of the Property. LESSOR also hereby grants to LESSEE a five foot (5') wide utility right-of-way across the Property to the leased portion of the Property. LESSEE's leased portion of the Property, together with the rights-of-way for access and utilities thereto, are hereinafter collectively referred to as the "Premises" and are substantially as described in Exhibit "B" attached hereto and made a part hereof. In the event any public utility is unable to use the aforementioned right-of-way, LESSOR hereby agrees to grant an additional right-of-way either to LESSEE or to the public utility at no cost to LESSEE. 2 I IV\V-200IV172(;RF Fatcu Alt.1\Docs\lease.FINALDOC GRE Eaton Alt. 1 2. SURVEY. LESSOR also grants to LESSEE the right to survey the Property and the Premises, which survey is attached hereto as Exhibit "C" and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A" and/or Exhibit "B." Cost for such work shall be borne by LESSEE. 3. TERM. Beginning on the Commencement Date (as hereinafter defined), this Agreement shall be for an initial term of five (5) years at an annual rental of e to be paid in equal monthly installments die on the first day of the month, in advance, to Warren G. Milne, Social Security # 33998 County Road 37, Eaton, Colorado 80615, or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The term and obligation to pay rent will begin on the first day of the month as indicated in the exercise of the option ("Commencement Date"). Beginning at the first anniversary of the Commencement Date and at each subsequent anniversary of the Commencement Date thereafter, the annual rental for each year of this Agreement shall be equal to of the annual rental payable with respect to the immediately preceding year. or examp e, re annual rental for the second year of this A eement shall be equal to to be paid in equal monthly installments of on the first of the month,in advance. 4. EXTENSIONS. This Agreement shall automatically be extended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. EXTENSION RENTALS. Annual rental for each year of each five (5) year extension term shall be equal to f the annual rental payable with respect to the immediately preceding year. All rental payments s all be made monthly, in advance. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) five (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of five (5)years and for five(5)year terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of such term. Annual rental for each year of each five(5)year additional extension term shall be equal to-percent of the annual rental payable with respect to the immediately preceding year. All rental payments shall be made monthly, in advance. 3 C\V\V-2001\872 GRE Eaton Alt.I\Docs\lease.FINALDOC GRE Eaton Alt. 1 7. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a communications facility and uses incidental and all necessary appurtenances. By way of example and not limitation, LESSEE shall have the right, at its sole option, to install and use at the Premises a generator, of the type and kind determined solely by the LESSEE, in connection with the LESSEE's communications facilities. A security fence consisting of chain link construction or similar but comparable construction may be placed around the perimeter of the Premises at the discretion of LESSEE (not including the access easement). All improvements shall be at LESSEE's expense and the installation of all improvements shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its equipment or any portion thereof, whether the equipment is specified or not on any exhibit attached hereto, during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. LESSOR will maintain the Property, excluding the Premises, in good condition, reasonable wear and tear excepted. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use'of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its efforts to obtain such approvals and shall take no action that would adversely affect the status of the Property with respect to the proposed use by LESSEE. In the event that any of such applications should be finally rejected or any certificate, permit, license or approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, or soil boring tests are found to be unsatisfactory so that LESSEE in its sole discretion will be unable to use the Property for its intended purposes, or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, all the Parties shall have no further obligations, including the payment of money, to each other. 8. INDEMNIFICATION. Subject to Paragraph 9 below, each Party shall indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the use and occupancy of the Premises or the Property by the Party, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts or omissions of the other Party,or its servants or agents. 9. INSURANCE. The Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any 4 IAV\V-2001\872 GRE Eaton Alt.I\Dots lease.FINAL.DOC • GRE Eaton Alt. 1 asserted right of subrogation. LESSOR and LESSEE each agree that, at its own cost and expense, each will maintain comprehensive general liability and property liability insurance with liability limits of not less than One Million and 00/100 Dollars ($1,000,000.00) for injury to or death of one or more persons in any one occurrence and Five Hundred Thousand and 00/100 Dollars ($500,000.00) for damage or destruction to property in any one occurrence. LESSOR agrees that LESSEE may self-insure against any loss or damage that could be covered by a comprehensive general public liability insurance policy. All policies of insurance covering property damage obtained by either Party concerning the Property shall waive the insurer's right of subrogation against the other Party. 10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder and shall have paid all rents and sums due and payable to LESSOR by LESSEE, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of this Agreement provided that three (3) months prior notice is given LESSOR. 11. INTERFERENCE. LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in the future take possession of the Property will be permitted to install only such radio equipment that is of the type and frequency that will not cause measurable interference to the existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for non-compliance with the provisions of this paragraph and therefore, LESSEE shall have the right to equitable remedies, such as,without limitation, injunctive relief and specific performance. 12. REMOVAL UPON TERMINATION. LESSEE, upon termination of the Agreement, shall, within ninety (90) days, remove its building(s), antenna structure(s) (except footings), fixtures and all personal property and otherwise restore the Property to its original condition, reasonable wear and tear excepted. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE, shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then-existing monthly rate, or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. 13. RIGHT OF FIRST REFUSAL. If LESSOR during the lease term or any extension of the lease term elects to sell all or any portion of the Property, whether separately or as part of the larger parcel of which the Property is a part,LESSEE shall have the right of first refusal to meet any bona fide offer of sale on the same terms and conditions of such offer. If LESSEE fails to meet such bona fide offer within thirty (30) days after notice thereof from LESSOR, LESSOR may sell the Property or portion thereof to such third person in accordance with the terms and conditions of his offer. For purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in 5 IRV\V-2001\872 GRE Eaton Alt.11DocAlease.FINAL.DOC GRE Eaton Alt. 1 the Property as a result of the death of LESSOR, whether by will or intestate succession, shall not be considered a sale of the Property for which LESSEE has any right of first refusal. 14. RIGHTS UPON SALE. Should LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by LESSOR of the portion of this Property underlying the rights-of-way herein granted shall be under and subject to the right of LESSEE in and to such rights-of-way. 15. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying rent and performing the covenants, shall peaceably and quietly have,hold and enjoy the Premises. 16. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens,judgments or impediments of title on the Property, or affecting LESSOR's title to the same, and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 17. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 18. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the State in which the Property is located. 19. ASSIGNMENT. This Agreement may be sold, assigned or transferred by LESSEE, without any approval or consent of LESSOR, to LESSEE's principal, affiliates, or subsidiaries of its principal; to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization; or to any entity which acquires or receives an interest in the majority of communications towers of LESSEE in the market defined by the Federal Communications Commission in which the Property is located. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of LESSOR, which such consent will not be unreasonably withheld or delayed. LESSEE may sublet space on its tower within its sole discretion, upon notice to LESSOR. Any sublease 6 I:\VW-2001\872 GRE Eaton Alt.i\DocsUease.FINAL.DOC M S GRE Eaton Alt. 1 that is entered into by LESSEE shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. LESSEE may not enter into any sublease for ground space on the Premises without LESSOR's prior written consent, such consent to be granted at LESSOR's sole discretion. 20. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: James G. Milne III P.O. Box 22 Lucerne, Colorado 80646 LESSEE: Verizon Wireless(VAW)LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention: Network Real Estate Unless otherwise stated in this Agreement, notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 21. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives,successors and assigns of the Parties hereto. 22. SUBORDINATION AND NON-DISTURBANCE. At LESSOR's option, this Agreement shall be subordinate to any mortgage or other security interest by LESSOR which from time to time may encumber all or part of the Property or rights-of-way; provided, however, every such mortgage or other security interest shall recognize the validity of this Agreement in the event of a foreclosure of LESSOR's interest and also LESSEE's right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination clause. In the event the Property is encumbered by a mortgage or other security interest, LESSOR, immediately after this Agreement is executed, will obtain and furnish to LESSEE a non-disturbance agreement for each such mortgage or other security interest in recordable form. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other security interest encumbering the Property, LESSEE may, at its sole option and without obligation, cure or correct LESSOR's default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or security interest and LESSEE shall be 7 I1V\V-20011872 GRE Eaton Alt.I Elms\lease.FINAL.DOC GRE Eaton Alt. 1 entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 23. RECORDING. LESSOR agrees to execute a Memorandum of this Option and Lease Agreement ("Memorandum") that LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum is for recording purposes only and bears no reference to commencement of either term or rent payments. 24. DEFAULT. In the event there is a default by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such default. After receipt of such written notice, LESSEE shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided LESSEE shall have such extended period as may be required beyond the thirty(30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the same within the time periods provided in this Paragraph. 25. ENVIRONMENTAL. a. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. b. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility, and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: a) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 26. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the 8 [W/-2001\872 GRE Eaton Alt.1\Docs\lease.FINAL.DOC GRE Eaton Alt. 1 Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE' may at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon fifteen (15) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, all rental payments shall abate during the period of repair following such fire or other casualty. 27. CONDEMNATION. In the event of any condemnation of the Property, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR if such condemnation may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days. Under the circumstances of a condemnation, LESSEE shall be entitled to and shall receive and retain that part of the award or price paid by the condemning agency, body or entity for the entire Property which is attributable to the improvements, fixtures, betterments, antennas, equipment and all other things of LESSEE situated on the Property which cannot be removed, and including LESSEE's relocation costs, damages and losses. In addition, but not to the exclusion of the foregoing, LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Property for losses related to the improvements, fixtures, betterments, antennas, equipment, and all other things of LESSEE situated on the Property which cannot be removed, along with its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any notice of termination described herein shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 28. SUBMISSION OF AGREEMENT. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 29. APPLICABLE LAWS. LESSEE shall use the Premises as may be required or as permitted by applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 9 1:\V\V-2001\.872 GRE Eaton Alt.Moos\lease.FINAL.DOC GRE Eaton Alt. 1 30. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement that require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 31. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: James G. Milne III By: Name: Title: Date: LESSEE: Verizon Wireless(VAW)LLC d/b/a Verizon Wireless By: Name: Keith A. Surratt Title: West Area Vice President,Network Date: • 10 1:\\AV-2001\672 GRE Eaton All.I\Docs\lease.FINAL.DOG • • GRE Eaton Alt. 1 Exhibit"A" (Legal Description of Property) ALL that part of the East Half(E 'A)of Section Seven(7),Township Six(6)North,Range Sixty-five (65),West of the 6th P.M.,Weld County,Colorado, lying East of the right-of-way of the Union Pacific Railroad Company and South of the following described line: COMMENCING at the East Quarter Corner of said Section Seven(7)and considering the East line of said Northeast Quarter to bear North 01°32'35"West,and with all other bearings contained herein relative thereto;thence North 01°32'35"West,648.05 feet along said East line to the True Point of Beginning;thence South 88°43'40"West, 1859.50 feet to a point which lies 50_00 feet as measured at right angles Easterly from the centerline of said railroad. 11 I:\VWV-2001\%72 GRE Eaton Alt.I\Docs\lease.FINAL.DOC • Exhibit"B" 3' GRE Eaton Al *! € lo thlt 14 2 w T J[' ill al h I ! II r il 1 -4,3 p c a y�tgg '.e 3'ai:ue. see t ..II _ 1111 . 10 au F (Site Plan) 'fitly i MC b # Ia I If e I I € i ii sill f� !s p I 1 ! 4 i Iii ' i IliI 4.,, 'e;l II,.4111 11 i i II I It' ll! `1 I( 1 I 1 g I 11a 1i ' 1ibi11 !t ifl11 Ir*f1} I11I ;I lit b '4° I . ., r illili liCirei .IIii liit�. ii.iiA " fill iA _ i4 4 ao.e :ee e e ee :©66eeeeeee®eee 4 tit \ \ \ \ 1 =aar I j i, ill ; u �' I I o 1..., i .h �� , r Y` il ai, 4 r 0 it � •;. I, 1 i " 1 '\ i 0t Ls I' ` lice i Ell i ` 1 'i C , • 1 t l---x` 11 y t;r . L h I:MV-2001\872 GRE Eaton Alt.I\Docs'dease.FINAL.DOC • DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 91Y10Street GREELEY, CO 83541631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 C. COLORADO May 22, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1560 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 1, 2006, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 109' Street, Greeley, Colorado concerning the request of: NAME: James B. Milne FOR: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies(Verizon Wireless - 100 foot monopole cellular tower)in the A(Agricultural) Zone District LEGAL DESCRIPTION: Pt of the E2 of Section 7, T6N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to CR 39; '/ mile south of CR 72. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Brad Mueller, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 109' Street, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. EXHIBIT 4 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR-1560 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. \\I 11 (,v� Dated the 9th day of May, 2006 5 y 1 1�O 1.t" Voneen Macklin Recording Secretary for Planning Commission SURROUNDING PROPERTY OWNERS ANTHOLZ LLP 34018 CR 39 EATON CO 80615-8901 DJL FAGERBERG LTD 34333 CR 37 EATON CO 80615 HAYTHORN FARMS LIMITED PO BOX 4 EATON CO 80615 HUNGENBERG MICHAEL 32500 CR 41 GREELEY CO 80631 JANSSEN WILLIS 13510 HWY 14 AULT CO 80610 MILNE JAMES G IV 34364 CR 39 EATON CO 80615 MILNE JAMES GRANT III 18457 HWY 392 PO BOX 22 LUCERNE CO 80646 QUIN M LLC PO BOX 22 LUCERNE CO 80646 NO MINERAL OWNERS PROVIDED AFFIDAVIT OF INTERESTED LAleWNERS • Page 1 of AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 080307400012 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site http://www.co.weld.co.us, and has not been modified from the original. The list compiled from t records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature V-Z7 a6 Date Property Owners Within 500 ft. of Parcel# 080307400012 NAME I MAILING ADDRESS I PARCEL IDENTIFICATIONA 34018 COUNTY RD 39 ANTHOLZ LLLP 080308000007 EATON,CO 80615-8901 34333 COUNTY RD 37 DJL FAGERBERG LTD 080307000006 EATON,CO 80615 POBOX4 HAYTHORN FARMS LIMITED PARTNERSHIP 080307000001 EATON,CO 80615-0004 32500 WELD CO RD 41 HUNGENBERG MICHAEL B & 080317000026 GREELEY,CO 80631 13510 HWY 14 JANSSEN WILLIS W 080308000005 AULT,CO 80610 34364 COUNTY RD 39 MILNE JAMES G IV 080308000006 EATON,CO 80615 18457 HWY 392 MILNE JAMES GRANT III PO BOX 22 080318000014 LUCERNE,CO 80646 PO BOX 22 QUIN M LLC 080318000024 LUCERNE,CO 80646 QUIN M LLC P O BOX 22 080307100013 LUCERNE,CO 80646 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=080307400012&Par 1=08030700000... 4/27/20 • . (Include all lots being included in the application area,If additional space is required,attach an additional sheet) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn,states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. Note:Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. "24 _.iii/ Title The foregoing instrument was subscribed and sworn to me this 2. L-16.- day ofAD[d_ _ , 204 (F . WITNESS my hand and official seal. My Commission Expires: • ;NO C PeCUAilic ic , Notary Public -15- I S Parcel Number O p & ,.L- 07 - y- 0 - O / 2- (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn,states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessorof the owners'of property(the surface estate)within five hundred(500)feetof the property being considered. This list was compiled from the records of the Weld County Assessor,or a person qualified to do the task, and shall be current as of a date no more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. By: "77��ir� ((y/...c Title, The foregoing instrument was subscribed and sworn to me this 2_day of LA_ , 2 '. WITNESS my hand and official seal. My Commission Expires: 4 Lac-) Notary Public AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description:_— _, g </Zre., _41,:rcl1R aeJ Parcel Number 0 Lc, 3 - k 7- V - O - 0 / !/ (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). -14- EXHIBIT A(LEGAL DESCRIPTION) Order No: 10815541 GRE - Eaton -Alt. 1 ALL that part of the East Half(E %:)of Section Seven(7),Township Six(6)North, Range Sixty-five (65),West of the 6h P.M., Weld County, Colorado, lying East of the right-of-way of the Union Pacific Railroad Company and South of the following described line: COMMENCING at the East Quarter Corner of said Section Seven (7)and considering the East line of said Northeast Quarter to bear North 01°32'35"West,and with all other bearings contained herein relative thereto;thence North 01°32'35"West, 648.05 feet along said East line to the True Point of Beginning; thence South 88°43'40"West, 1859.50 feet to a point which lies 50.00 feet as measured at right angles Easterly front the centerline of said railroad. :u '. IU. /UUb 4:44VM 3 ''onsuIting Inc. Co. 1593 P. ', 2604 Stout Street,Suite No.2,Denver, ado 80205 phone/303.333.4012 fax/303.333.4036r y ! / n {s u I T I n G Inc Fax Transmittal DATE: 7/18/06 TO: Brad Mueller— Weld County Planner �� FROM: Valerie Cardenas— O3 Consulting \ RE: Verizon Wireless USR application \--______ FAX#: (970) 304-6498 PHONE#: PAGES: 3 total(including cover page) Hi Brad, Attached you will find two waivers from both mineral right owner waiving their right to a 30 day notice. Please review and let me know ' ou ink the Board will find them acceptable. Thank you Valerie a enas 303-33 -4012 off e 303-903- obile www.g3consulting.com -�� 7JuV.. 'H. 21J06e 4: 45'M FRQ3 Consul ! ng Inc. , ATTY. 970 352 91. 'Co. 1593 P. = P 1 Jul. 18. 2006 1 '02PM Q3 Wsulf in Inc. Nv. 1581 P. 2 ■ ti July 17, 2006 Weld County Colorado Department of planning Service Attn:Brad Mueller-Planner 918 10j11 St. Greeley,CO 80631 Itli: Mineral right ownership Dear Mr. Mueller, Per CRS 24-65.5-102404, I waive my right to a thirty(30)day notification for a hearing scheduled 00 August I,2006 regarding A Site Specilic Development Plan and Use by Special Review Permit for a Verizon Wireless 100 foot monopole cellular tower which is proposal to be located on a parcel of land with the following legal description: ALL dint part oaibc Gast btnlf(C%r)of Section Seven(7),Township Six(6)North,Range Sixty-five (Gs),Wort 9101C 6'1'•M.,Wchl COMM,COI0fPde,lying Fat of the ngtn-of-twat'grille Union Pacific Reihoad Company and South or the following described line COMMENCING at the East Quarter Corner ofsaid Section Seven(7)and considering the lust line et send Northeast Quarter to bear North 0r°$'35"West,and with all other hearings contained herein relative thereto:thence North 0132']5"West,648.05 feet alone said East line to the True Point of Beginning;thence South$S43'-00'-West.i S5930 het to a point which lies 50.00 reef as measured at right nugko Ensteriy tram the cenlerlino of swirl raihund Should anyone need to contact inc regarding this waiver,please call(970)352-20151. • Thank you. Retort's, • Melvin Dinner Attorney at Law 822 7j°St. Suite 540 Grcaiey,CO 80631 Received Time Jul. 18. 1 :09PM :emu Jul• lb. 200b 4: 45PM)an 0.3 Consulting Inn. 9.56-1385 1598 1598 • • • July 17. 2006 Weld County Colorado Department ofPIanning Service Attn: Brad Mueller - Planner 918 f 0'r' SI. Greeley.CO 80631 RE; Verizon Wireless US It / Mineral Right Owner Nodlieatiun Derr Mr. Mueller. Per CRS 24-65.5-102-I04. I waive my right to a thirty (30) day notification liar n hearing scheduled on August I. 2006 regarding A Site Specific Development Plan and Use by Special Review Permit for a Verizon Wireless I00 loot monopole cellular tower which is proposed to he loafed on a parcel of land with the following legal description: ALL. that purl of the East I lalf(E Y,)of Section Seven(7), Township Six (G)North, Range Sixty-five (65), West of the 6"'P.M., Weld County, Colorado, lying East of the right-of-way of the Union Pacific Railroad Company and South of the following described line: COMMENCING al the East Quarter Conter of said Section Seven (7)and considering the East line of said Northeast Quarter to bear North(!1°32'35"West,.and with all other bearings contained herein relative thereto; thence North 01'32'35"West, 648.05 feet along said East line to the True Point of Beginning; thence South $18°43'40"West, I R59.50 feet to a point which lies 50.(K) feet as measured al right angles Easterly from the centerline of said railroad. Should anyone need lo contact me regarding this waiver, please call (970) 381-1252. Thank you. Regards. • James Milne r "'f 33998 WC R 37 / -- " l talon_ CO 806 15 it] 04/26/2000 08:52 FAX 9703510392 USDA GREELEY SRV CNT a 002/003 • • Applicant: 7-6-65 Case #: Planner: `I ��... IHw 85Jt 78 �� _ ..\ 15 , \... 33 - 46 9 51 32 i 47 ---„_ 1 47} } , 7 i I 46 98' 1 \ I I 78 0.5 0 0.5 Miles Ni_ Legend - N i Sections c� Lakes - -- Roads Floodplains I i Streams&Ditches Railroads I \A/ Soils VV -47-i\\ E I I S EXHIBIT 1 7 Received Time Apr. 26. 8: 47AM • IAJVC17:8 '90V awl' pat! ! J v, I ; i , I I 0 O c i " • I N n) v I i ' j cu w N t O to O V CO Q m f I O v) _ LL ro I O' cp COO 0) ! t I :•O C L , . d 1-,%"'J' i L � 7 co Q cu O to N. I j • .. ..f _; 0 L C I ) I E ."re, I ,� I I >, co :..) "L : t C 0) to C:I,O , I (I) .-O •O),,u•'o 0 I I [] 04 iii);2i I I Q v. , ' ! ..�.. I Q r -.C-° N E ,II • O N r i yr: ; i I O •-:;- -- J a O I 0 — — I, v... cnic!?.� ..i.. 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MELLO, LLC Attorney at Law Phone:(970)834-1333 Fax:(970)834-0280 Weld county plan GRfftEY OfF/GEpa moot AUG x 12006 July 30, 2006 RECEIVEl Brad Mueller, Planner �+ Department of Planning Services Weld County 918 10th St. Greeley, CO 80631 RE: Name: James B. Milne For: Verizon Wireless Cellular Tower Legal Desc: PT of E2 of 57, T6N, R65W Location: West of and adjacent to CR 39, 1/2 mile south of CR 72 Dear Mr. Mueller: 1 represent Willis Janssen, resident and owner of the property immediately east of the above-described property. Mr. Janssen objects to the placement and location of the proposed tower on grounds that it can and should be placed in a location that has less impact on the adjacent landowners. Please feel free to telephone me regarding this matter. Veil)/truly yours, { s.vM v p I Anttlon' . Mello V EXHIBIT I UL SR 1500 1O - C- P. O. Box 1436 .115 2nd Avenue • Ault, Colorado 80610 FILE ACTIVITY is r )�` �� O (Vet tom. • 1 1) /In )GfDJ �@� rf)w. 0y ce � © may-) AvG . / — fii.r 45f PL. c 19 I-444 i.J( VA.10Y;C? Cj,r e ft Y - (A1;≤ ref.) - Cr-fEc Code Ut - jock , =7-7 to, teeG Nro Cnti-i rc &-rte SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: One (1) original application form plus 19 copies - (additional copies may be required, on request of the Department of Planning Services) _42; Twenty(20)copies of the Special Review plat map (24"X36" - See attached page 6 for Map requirements ). _XOne 8-1/2"x 11" reduced copy of the (24"X36") Special Review plat O / // _ 8-1/2"x11" Photo Mechanical Transfer (PMT) if required, or electronic copy of map. /4r- S%rr' Zock/97e 2COne (1) original Special Review Use questionnaire plus 19 copies. __ One (1) original Weld County Road Access Information Sheet plus nineteen (19) copies. ^//1 Two(2)copies of document showing evidence of adequate water supply(e.g.well permit or letter from water district). Pcr SAeri Cask n;i/ j07 Two(2) copies of document showing evidence of adequate sewage disposal (e.g.septic permit or letter from the sanitary sewer district). /air SAt--, Gsck,,,a4 C One (1) copy of deed or legal instrument identifying applicant's interest in the property. C _ � _ One (1) original Certificate of Conveyances form and any attachments, completed within thirty(30)days of r the application submission date. _ /Two (2) copies of Soils Report. Soils Reports are available from local Soil Conservation Service Offices. _ \ One (1)copy of affidavit and certified list of the names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners'of property(the surface estate)within 500 feet of property being considered. This list shall be compiled from the records of the Weld County Assessor,the Weld County Website,www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. One (1) copy of affidavit and certified list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty(30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. __ One (1) original Emergency Information Sheet(for Commercial only) �(/1� Notice of Inquiry if located within an Intergovernmental Agreement (IGA) boundary. Pr Sky Lockioa4 _ Application fee. AO $500.00 investigation fee, if required. 4.- 54tr/ Einar) p. Special Review plat recording fee ($11.00 first page + $10.00 each additional page). In an effort to increase efficiency and reduce processing time involved in re-binding applications for mailing,all copies shall be collated into complete application packets and bound with binder clips only. All maps are to be folded and included with each individual packet. Applications bound in any fashion other than binder clip (spiral bindings,three ring bindings, etc.) generally require additional processing time and may be returned to the applicant without review. SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE -1- . wpu VE9� . 4 D It ?ez e� BUREAU C Weld ounty Planning De artment Mani GREELEY OFFICEp March 1, 2006 MARX 3 2006 Weld County Planning and Zoning RECEIVED Attn: Ms. Monica Mika 918 10th Street Greeley, Colorado 80631 Clayton Project No. 90-06119.00 Subject: Proposed Verizon Wireless Telecommunications Facility GRE Eaton Alt. 1,34417 Weld County Road 39,Eaton,Unincorporated Weld County, Colorado Dear Ms. Mika or To Whom It May Concern: Verizon Wireless is proposing to construct a new telecommunications facility at 34417 Weld County Road 39, Eaton, Unincorporated Weld County, Colorado. The proposed construction will consist of installing a 100-foot high monopole that will be equipped with wireless antenna and the construction of an associated equipment shelter. Pursuant to the FCC rules regarding review under Section 106 of the National Historic Preservation Act, we are contacting you in regard to any potential impacts to historic properties or cultural resources. Per FCC requirements, Clayton is also contacting applicable agencies and Native American groups, and has run an advertisement in local newspapers as a public notification effort. This letter is only to notify your office of the proposed project and to request any information you may have regarding impacts to historical properties or cultural resources. A formal submission and application will be made by others at a later date for zoning approval of the project. Any information or comments you may have regarding this project's potential impact to historic properties or cultural resources can be made by contacting me at the below information or by email at alissa.schultz-campbell@us.bureauveritas.com. Thank you very much. Sincerely, dif: • )V.71774/141 Alissa C. Schultz-Campbell Environmental Consultant Clayton Group Services, Inc. Clayton Group Services, Inc. 1 Anron�1"arrhar(..,n fanl Main: (393)98f?-25k5 I 65 Soot6 Union Hivd„Suite 310 Fax: (303)988-2383 I nkcwtti ,C C)hi 228 n-ww.us.bun anccriassnm • P0 vE • w a Z.01 ¢ p_82 B1./ BUREAU Weld County Planning Department VERITAS R I T A S GREELEY OFFICE March 1, 2006 MAR X 3 2006 Weld County—Planning and Zoning Department RECEIVED Attn: Ms. Monica Mika 918 10th Street Greeley, Colorado 80631 Clayton Project No. 90-06119.00 Subject: NEPA Screening for Proposed Verizon Wireless Telecommunications Facility, GRE Eaton Alt. 1 Telecommunications Site, 34417 Weld County Road 39,Eaton, Unincorporated Weld County, Colorado Dear Ms. Mika or To Whom It May Concern: Clayton Group Services, Inc. (Clayton), a Bureau Veritas company, is conducting a NEPA Screening for the above-referenced property. According to the Colorado Historical Society, the County of Weld is a Certified Local Government with interest in Section 106 consultations within the City of Eaton. Therefore, pursuant to 47 CFR §1.1307(a)(4), we respectfully request your opinion as to whether the proposed wireless telecommunication facility "may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archeology, engineering or culture,that are listed, or are eligible for listing, in the National Register of Historic Places." PROPERTY DESCRIPTION Site name/location: The site is identified as the proposed Verizon Wireless GRE Eaton Alt. 1 Telecommunications Site and is located at 34417 Weld County Road 39, Eaton, Unincorporated Weld County, Colorado. Legal Description: The Weld County Assessor's parcel number is 080307400012 and the legal description is as follows: 'PT E2 7 6 65 LYING E OF UPRR R/W DESC AS BEG AT SE COR SEC 7TH W 1430' M/L TH NWLY ALG RR R/W 3270'M/L TH N88D43'E 1910' M/L TOE LN OF SEC 7TH S1D32'E 3250' M/L TO TPOB(3.50R 15RR)34417 39 CR WELD'. Property Owner: James G Milne III currently owns the site. Current Land Use: The subject parcel is residential and agricultural land. The subject parcel contains a residential area, located west and adjacent to Weld County Road 39, that consists of a one-story main house, a one-story guest house, two garages/warehouses, a detached automobile garage, and a small storage shed. The remainder of the subject parcel (west, north, and south of the residential area) consists of agricultural land. One • pu ve9 • �2.tl3B: BUREAU VERITAS utility-owned pole-mounted transformer is located near the northwest corner of the residential area on the subject parcel. The site location is depicted on Figure 1. Proposed Action: The proposed action includes a potential ground lease area (approximately 20-feet by 45-feet)near the northwest corner of the residential area on the subject parcel (west and adjacent to one of the garage/warehouses on the subject parcel). The proposed action includes the installation of a 100-foot high monopole, and the construction of an 11-foot 8-inch by 26-foot associated equipment shelter. In addition, the proposed action includes the installation of a diesel driven stand-by generator with a skid-mounted 210-gallon diesel fuel tank. A 5-foot underground utility easement (electric and telephone) will be installed outside the lease area from an existing pole- mounted transformer and an existing telephone service pedestal located to the northeast of the proposed lease area. Soil disturbance is anticipated due to the construction of the equipment shelter and the utility easement. The subject property and surrounding areas are shown on Figure 2. Adjoining Property Use: The adjoining properties consist of residential and agricultural land. The uses and features of adjoining properties are described below: • North: Agricultural with associated residential land. • East: Weld County Road 39, with agricultural land and associated residential land. • South: Highway 392/Weld County Road 68, with agricultural land beyond. • West: Union Pacific Railroad and Highway 85, with agricultural land beyond. Photographs of the site and surrounding area are attached. We thank you in advance for your attention to this matter and respectfully request a written response to our inquiry. If you have any questions, please call me at (303) 988- 2585 or e-mail me at alissa.schultzcampbell(cr�us.bureauveritas.com. Thank you very much. Sincerely, ("‘ ./2, Alissa C. Schultz-Camp 11 Consultant Environmental Health and Safety Services Clayton Group Services, Inc. A Bureau Veritas Company Attachments: Figures 1 and 2; Site Photographs ATTACHMENTS • • » 3 Wow E I -1 t1� �t` At , 1 ,;___ y ` I I�L 1 1` `�! / HO Selt t. • � ' .. • - r I r • {t` C 1 �\ r . ` /11111r-�ti-- • \--\ 414-`di / VI I d j 0 .. / a ..,„ . , , ... c. . . 4 771 S � 1 • • ll Site Location - .a�s .„--71 . \ p \ s 12 7 _ \ m 9 r Ci 640------ --..:_: . / • • i" N. 776 a Ai T / 2 7 • I1 •• e--"1 \ v it \\ , . T.. al° -- •sx v I. . . 14. \\•:\\‘\ se: ---7. __-- . ,� , ci .r. - : \J../ �u� \ • .- V: e/ .- a • \ ' • 1.b )\I . 1 18 -� 47: f / ... ( c ,, 14::::; I 1 i ) \\i ino -)441 \\\ e • i. s l IS 1 —--- � \ r ♦ / , vampa tr", ROAD \\ ! • _ i 8. h cerne y • • ) • Alin Scholl ��., 4. � . '� , 07 \°: 1 y ('21 /' bi i. NC,_24 24 Buell Sclwo)f 1 g / ' 20 °:\b\• \\ 1---..,___ ) -) 'At NA...) ` .7f,I: IN \\ ..-•••••••••/'•"/ a •0% . , / 4732 , e Colorado Portion of 7.5-minute Series i , \ (Topographic) Map SCALE (MILES) United States Department of the Interior iiimiiiimi."'"s Geological Survey Quadrangle Location 0 0.25 0.50 1 .0 Greeley, Colorado 1980 Figure 1 Clayton Group Sen'ices, Inc. C S VZW GRE Eaton Alt. 1 Site Location Map ' ,4 I�linter a, l Rh d.. swtes�> I \./' VerinWireleSS I 34417 Weld County Road 39 L,kctc.,,d,Womb.) >i'.L':k E iii We nasal atop working got you.- E Eaton, Colorado BUREAU 3f:3-9AN.1i6.5 Telephone N V E R I T A S 303.968-25:-43 Fa T Project No. 90-06119.00 Last Revision February 24,2006 • • Agricultural Land I " Ill Garage L JI 34417 A County Road 39 A House cC -a NIL O Garage Assumed Groundwater U Flow Direction Cl) -v i O cl Sheds Main House U .r. tao Q Agricultural Land *Please note that the subject parcel is comprised of an area larger than what is shown on this Figure Legend Subject Property Boundary - - - Proposed Utility Easement Subject Parcel Boundary ® 12' x 26' Equipment Shelter Telephone Pedestal SCALE (FEET) tI 500-gallon AST e Proposed 100-foot monopole 0 125 250 • Pole Mounted Transformer • Clayton Group Services, Inc. C s VZW GRE Eaton Alt. 1 = I •••- L.:km. t'omb.,S '" `f 34417 Weld County Road 39 Figure 2 " p tt;s.uth Union Rhd.,Saute 3to I V@I� &eu• T �► ��= E E Eaton, Colorado Subject Property / Parcel Map N Ninetw:koptw:ktnplot�ou, BUREAU 30.1.966.23R5 Tetepho to Last Revision EMMA ,;t,ISV:35S Fay Project No. 90-06119.00 February 24.2006 • i—AD •t\ ti. fit. . • . - �/ J• ' {f l . • Lam' I s , --.1,-,...-,, -• F t�i.i ' .,//. - r { •' • ( a ", � II. . t .-}t tj . _ ti!Lttt : i i r,� r 4 Ira $% ' ' i .5O kl; r • View of the southeast corner of the residential area on the subject parcel. Weld PHOTO Clayton Project Description County Road 39 is visible on the right side of the photo (photo facing northwest). 1 No. 90-06119 Photo Date Site Name VZW GRE Eaton Alt. 1 — 34417 Weld County Road 39, Eaton, Colorado 2/22/06 Z S ;'. ate_ \ II • - `71. t i, - • ` . . V1 -i. •S View of the subject property located west and adjacent of the northern-most garage/warehouse on the subject parcel. The angled pipe on the left side of the photo PHOTO Clayton Project Description indicates the approximate location of the existing underground concrete water 2 No. irrigation pipe adjacent to the southwest corner of the subject property (photo facing 90-06119 north). Photo Date Site Name VZW GRE Eaton Alt. 1 — 34417 Weld County Road 39, Eaton, Colorado ')/12/06 • r a` r r .. Sir'. . , T P I ._ • _ . ._t' ,',�„ A 11i% c.Tn y'. Ytr -hY- n r f•� 4 Y� wIr L`• ++.,,. • .. S .. t/+.�.-l..r► � <'� ' -_ i � -'o',• View to the north of the subject property, with the remaining subject parcel PHOTO Clayton Project Description (agricultural land) and adjacent agriculturaUresidential land located beyond. 3 No. Photo Date 90-06119 Site Name VZW GRE Eaton Alt. 1 — 34417 Weld County Road 39, Eaton, Colorado 2/22/06 • _ - a , View of the subject property with the remaining subject parcel (agricultural/residential PHOTO Clayton Project Description land) located beyond (photo facing south). 4 No. 90-06119 Photo Datt Site Name VZW GRE Eaton Alt. 1 — 34417 Weld County Road 39, Eaton, Colorado 2/22/06 • Ai-- i S._ r .,, - • - ' -yF� •r -..A. .- --r ..rest:X..—C. �% ,1.x'4. -, :r4_ f. J. .' �.p. -- ,ma�yy� ; - s View to the west of the subject property, with the remaining subject parcel PHOTO Clayton Project Description (agricultural land) located beyond. 5 No. 90-06119 Photo Date Site Name VZW GRE Eaton Alt. 1 -- 34417 Weld County Road 39, Eaton, Colorado 2/22/06 --L • I I , rTN, i 1 • I . _ . _ . I \ellir — ........•4 % Ia.- 1 r`' L .,: yY ,K _IAA • • •,• View of the two 500-gallon ASTs located on the subject parcel, approximately 20-feet PHOTO Clayton Project Description southeast of the subject property (photo facing west). 6 No. 90-06119 Photo Date Site Name VZW GRE Eaton Alt. 1 — 34417 Weld County Road 39, Eaton, Colorado 2/22/06 • • • ; .. ') II ' N • •: -t7 f . v. View of the pole-mounted transformers located to the northeast of PHOTO Clayton Description the northeast corner of the subject property (photo facing northeast). 7 Project No. VZW GRE Eaton Alt. 1 — 34417 Weld County Road 39, Eaton, Photo Date 90-06119 Site Name 2/22/06 Colorado WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 , PHONE:970-353-6100, EXT. 3540/FAX: 970-304-6498 {�{ 20 ('' (R Receipt No. 1 1709 ad From: Vl t t s'. Permit Type No. Description Fee RE/St.") UT ,_ , L{e,r7 ..T_.__ ZPMH USR SITE PLAN REVIEW CHANGE OF ZONE �- PUD MINOR/MAJOR SUB BUILDABLE LOTS ADDITIONAL 30% rEE FOR SUB's RE-SUBDIVISIONS BOA FHDP/GHDP MAPS /POSTAGE COPIES INVE3₹t8AT4QI FEE RECORDING FEE.) rrrr' Vr f<- 1r^- (`? I C.,,' HECK NO. x / Ut -` TOTAL FEE ' r -- 11 Hello