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Home My WebLink About20093436.tiff Page 1 of 3 Kim Ogle From: Kelly Harrison [kharrison@ymail.com] Sent: Friday, August 22, 2008 12:53 PM To: Kim Ogle Subject: Re: Verizon Wireless Cell Tower The Improvements Agreement requirement was waived - please see Hannah's e-mail below. We added the following note in place of the Improvements Agreement. Hi Kelly, I have attached the language I would like to be added to the plat. I think this will he easier than going through the improvements agreement process. Also, once this is added to the USR plat and the plan view is drawn in as we spoke about on Monday we can go to mylar. If you would like I am willing to take a final look at the USR plat via an emailed PDF. Regards, Hannah L. Hippely Weld County Departmant of Planning Services 918 10th Street Greeley CO 80631 970-353-6100 x3558 hhippely(a-co.wcld.co.us 1. The following shall be placed on page 1 of the USR plat as is: Landscaping Plan Fencing shall be installed as delineated on the plan no later than 3 months from commencement of construction on the site. The fence shall not be allowed to deteriorate and shall be maintained as installed for the life of the facility. Disturbed areas associated with construction of the site shall either be reseeded with a native grass mixture or surfaced with gravel in order to prevent a fugitive dust nuisance. Driveways and parking areas shall be surfaced with gravel or an equivalent material. The property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. 2009-3436 .0 41 7 08/22/2008 Page 2 of 3 2. The following shall be added to the list of Development Standards as number 28. The applicant shall adhere to the approved Landscaping Plan. Original Message ---- From: Kim Ogle <kogle@co.weld.co.us> To: Kelly Harrison <kharrison@ymail.com> Cc: Donald Carroll <dcarroll@co.weld.co.us>; Kim Ogle <kogle@co.weld.co.us> Sent: Friday, August 22, 2008 12:45:28 PM Subject: RE: Verizon Wireless Cell Tower Kelly Thanks for the lease. Review of the mylars finds the documents acceptable. The Improvements Agreement for onsite improvements appears to be an outstanding item. I find no reference that this document has been accepted by the County Commissioners. Please advise. In response to your question of a formal approval letter,the recordation of the plat(s)with a reception number demonstrated compliance with the Conditions of Approval Kim Ogle I Planning Manager From: Kelly Harrison [mailto:kharrison@ymail.com] Sent: Friday, August 22, 2008 12:25 PM To: Kim Ogle Subject: Re: Verizon Wireless Cell Tower Hi Kim, I faxed the lease earlier today -please let me know that you received it. Will you be sending out a formal approval letter? Thank you, Kelly Original Message ---- From: Kim Ogle <kogle@co.weld.co.us> To: KHARRISON@YMAIL.COM Cc: Kim Ogle <kogle@co.weld.co.us> Sent: Wednesday, August 20, 2008 10:05:24 AM Subject: Verizon Wireless Cell Tower 08/22/2008 Page 3 of 3 Hannah's Noted A letter dated March 5,2008 from you to Hannah stated that a lease would be submitted by you prior to recording. Staff does not have this lease. Please call with additional questions or comment. Thanks Kim Ogle Planning Manager 97(1.356 4000 s 3549 P.970 3(74 0498 wild Coanty Planning Sen ices-Creeks OI'f cc 018 I enth Slrec1 Greek CO h003I kogle COcl' weld co.t 08/22/2008 08/22/2008 10:15 303-62038 FEDEX KINKO'5 ass PAGE 01 FACSIMILE TRANSMITTAL SHEET FROM: Kim Ogle Kelly Harrison COMPANY: DATE: Weld County Planning Services 8/21/2008 FA%NUMBER: TOTAI.NO.OF PAGES INCLUDING COVER 9703046498 3-?-'- 1'110N8 NUMAKR SENDER'S REFERENCE NUMBER 970.356.4000 x 3549 303-748-0599(cell) Egg YOUR REFERENCE NUMBER; Verizon Wireless USK-1632 O URGENT O FOR REVJtW 0 PLEASE COMMENT ❑PLEASE REPLY ❑PLEASE RECYCLE NOTES/COMMENTS: • Hello Ms. Ogle, Please find attached the fully executed lease between Verizon Wireless and George and Jennyrae Ottcnhoff This should finalize the zoning approval for this site. Should you require anything further,please do not hesitate to call me at the number listed above. Will you be sending a formal zoning approval letter now that the file has been closed out? Thanks,Kelly Original Message-- From: Kim Ogle<kogle@co.weld.co.us> To: KHARRISON@YMATL.COM Cc: Kim Ogle<kogle@co.weld.co.us> Sent Wednesday,August 20,2008 10:05:24 AM Subject:Verizon Wireless Cell Tower Hannah's Noted A letter dated March 5,2008 from you to Hannah stated that a lease would be submitted by you prior to recording. Staff does not have this lease. Please call with additional questions or comment. Thanks Kim Ogle j Planning Manager T:970.356-4000 x 3549 I F:970 304 6498 Weld County Planning Services -Greeley Office 918 Tenth Street I Greeley CO 80631 I l .weld.cyus, 08/22/2008 10:15 303-62,38 FEDEX KINK0'5 4109 PAGE 02 LEASE CONTRACT #: q C Cl SITE NAME: GRE Kersey STATE: COLORADO DATEI:ra c 12"E 08/22/2008 10:15 303-620.38 FEDEX KINKO'S 409 PAGE 03 ORE Kersey Mt.4 LEASE AGREEMENT This Lease Agreement(the"Agreement") is made this day of Mu trf 20,L, between George H. & Jennyrae Oltenhoff with a principal mailing address of 25957 Weld County Road 53, Kersey, Colorado 80644. Social Security Number 330-38-0714 hereinafter designated LESSOR and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless with its principal offices at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New Jersey 07920, hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the"Parties"or individually as the "Party." WTINESSETH LESSOR is the owner of that certain real property,which is legally described in Exhibit"A" attached hereto and made part hereof, located at 25957 Weld County Road 53, Kersey, Weld County, Colorado 50644, (the entirety of LESSOR's property is referred to hereinafter as the Property). LESSEE desires to obtain an option to lease a portion of the Property which portion consists of a sixty(60) fool by sixty (60) foot parcel containing three thousand six hundred(3,600) square feet (the "Land Space"), together with the non-exclusive right (the "Right of Way") 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 (12) foot wide right-of-way extending from the nearest public right-of-way, Weld County Road 53, to the Land Space and the non-exclusive right for the installation and maintenance of utility wires, poles,cables,conduits,and pipes over, under,or along a five (5) foot wide utility right-of-way extending from the Land Space to the nearest utility pole ("Utility Right of Way), said Land Space.Right of Way and Utility Right of Way,said Land Space, Right of Way and Utility Right of Way(hereinafter collectively referred to as the"Premises")being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. OP'I'1ON AGREEMENT NOW, THEREFORE, in consideration of the sum of Slab IMES 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 the 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 time on or prior to thirty-six (36) 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. Ifduring said option period,or during the terns of the lease Of the option is exercised. LIkSSOR decides to subdivide. sell or change the status of' the Property or their pmpcny contiguous thereto. they shall immediately notify LESSEE in writing so that LESS]iE can take steps necessary to protect I.IiSSEE's interest in the Premises. O arm.7Wv7u0i.11B,Ki R1i Kcrsuy,All 4/t taw Agreement IS rl'I.07 IIIIS HIAIs3I :' 08/22/2008 10:15 303-62,38 FEDEX KINKO'S fra9 PAGE 04 GRE Kersey,Alt. 4 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. 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"),which 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 (the Certified Letter Notice). 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 Certified Letter Notice, the following agreement shall take effect: AGREEMENT In consideration of the mutual covenants contained herein and intending to be legally bound hereby,the Parties hereto agree as follows: I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property, which is legally described in Exhibit "A" attached hereto and made pert hereof (the entirety of LF,SSOR's property is referred to hereinafter as the Property), located at 25957 Weld County Road 53, Kersey, Weld County, Colorado 50644, which portion consists of a sixty (60) foot by sixty (60) foot parcel containing three thousand six hundred (3,600) square feet (the 2 096000.76/V-2001-103 WORE Keney,Alt.4/Lenee Agrcnncm 12.07.07 13US Rf.11534635.2 08/22/200B 10:15 303-624138 FEDEX KINKO'S 109 PAGE 05 GRE Kersey, Alt. 4 "Land Space"), together with the non-exclusive right (the "Right of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on fool or motor vehicle, including trucks, along a twelve (12) foot wide right-of-way extending from the nearest public right-of-way, Weld County Road 53,to the Land Space and the non-exclusive right for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a five(5) foot wide utility right-of-way extending from the Land Space to the nearest utility pole("Utility Right of Way),said Land Space, Right of Way and Utility Right of Way (hereinafter collectively referred to as the "Premises") being substantially as described herein in Exhibit"B" attached hereto and made a part hereof. LESSEE shall have the right to modify Exhibit "B" based upon the final as built conditions of the Premises, which shall be reflected in an Exhibit "C" to he attached hereto and made a part hereof upon written acknowledgment by the Parties and such acknowledged Exhibit "C"shall replace and supersede Exhibit"B". 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. SIJRV)EY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises,and said survey shall then become Exhibit"D"which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit"A". 1'he cost of such work shall be borne by LESSEE. 3. DELIVERY. LESSOR shall deliver the Premises to LESSEE on the Conunencement Date, as hereinafter defined, in a condition ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents and warrants to LESSEE that as of the Commencement Date,the Premises are(a)in compliance with all Laws(as defined in Paragraph 33 below),and (b) free of all hazardous substances,as such term may be defined under any applicable federal, state or local law. If a breach of the representation and warranty contained in this Paragraph 3 is discovered at any time during the Tetra, as hereinafter defined, LESSOR shall, promptly after receipt of written notice from LESSEE setting forth a description of such non- compliance, rectify same at LESSOR's expense. LESSOR further represents and warrants to LESSEE that LESSOR has no knowledge of any claim having been made by any governmental agency that a violation of applicable building codes,regulations:or ordinances exists with regard to the Premises,or any part thereof,as of the Commencement Date, 4. TERM. This Agreement shall be effective as of the date of execution by both Parties, provided, however, the initial term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental oft to be paid in equal monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm or place es LESSOR may, front lime to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. if LESSEE fails to pay any monthly installment within ten (10) days after the date on which it is 3 096000.78N-7COI-1016/ORE Kersey,AR.4/Leese Aercemenl 12,07,07 BUS_REM 534635.2 08/22/2008 10:15 303-62138 FEDEX KINKO'S 419 PAGE 06 GRE Kersey,Alt, 4 due, upon receipt of notice from LESSOR, LESSEE shall pay,in addition to the past due amount, a late fee ofSflfl ) ("Tate Fee"). Any past due amount and Late Fee which is not paid by the end of the month in which they are due, shall bear interest from the first day of such month until paid at a rate oft a per annum. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR. agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. The Agreement shall commence on the first day of the month as indicated in exercise of the option(the "Commencement Date"). 5, 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. 6. EXTENSION RENTALS. The rent for each year during a five (5) year extension term shall be of the annual rent during the immediately preceding five (5)year term (example: If rent for each year during the first five (5)year term is per year, then the rent for each year during the next five (5) year term shall bed per year). 7. ADDITIONAL EXTENSION$. if at the end of the fourth(4th)five(5)year extension tens this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) 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 three(3)months prior to the end of such term. Annual rental for each such additional five(5)year term shall be equal to one hundred ten percent (110%) of the annual rental payable with respect to the immediately preceding five (5) year term. The initial term and all extensions shall be collectively referred to herein as the"Term". S. USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. 13y 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). Al) improvements, equipment, antennas and conduits shall be at LESSEE's expense, and the installation of all improvements shall be at the sole discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or othenvise modify its utilities, improvements, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the utilities, improvements, equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood 4 096000.78/x.2001-103610RE Kersey,Mt-4/Lanse Agreeme"" i2-07.07 BUS_RE 334635.2 08/22/2008 10:15 303-621138 FEDEX KINKO'S 409 PAGE 07 GRE Kersey, Alt. 4 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(collectively the "Governmental 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 effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that any soil boring tests are unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or(vi) LESSEE, in its sole discretion, determines that it will be unable to use the Premises for its intended purposes, 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, or upon such later date as designated 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,the LESSEE shall have no further obligations for the payment of rent to LESSOR. 9. INDEMNIFI1TION. Subject to Paragraph 10 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 negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the other Party, or its employees, contractors or agents. 10. 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 the 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 asserted right of subrogation. LESSEE agrees that, at its own cost and expense, LESSEE 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. In the event the Property is developed for commercial purposes after the 5 096000,787-2001-I036/GRC Kersey,All.a/Lease Agreement 12.07.07 SU5 RFI534635.2 08/22/2008 10:15 303-62$38 FEDEX KINKO'S es PAGE 08 GRE Kersey,Alt. 4 effective date of this Agreement, LESSOR agrees to carry comprehensive general liability and property liability insurance equal to that required of LESSEE by this Agreement. 11. LIMITATION OF LIABILITY. Except for indemnification pursuant to paragraphs 9 and 29, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages,whether under theory of contract,tort(including negligence), strict liability or otherwise. 12. ANNUAL TER . Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR and LESSOR pays a termination penalty,payable on the effective date of termination,equal to six(6) months rent at the rental rate for the then current term. 13. INTERFERENCE. LESSEE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other lessees of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after- installed LESSEE's equipment causes such interference,and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. 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 equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of the Agreement, remove its building(s), antenna structure(s) (including footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable Laws. If such time for 6 096000,75N-2001.1036/48£Kerley,Alt.4/Ltase Agreement 12.07,07 $Us 8611534635.2 08/22/2008 10:15 303-621138 FEDEX KINK0'S 9 PAGE 09 • GRE Kersey,Alt. 4 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. 15. j-IOLDOYER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph 14 herein, unless the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in good faith, and LESSEE holds over in violation of Paragraph 14 and this Paragraph 15,then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph 14 (the "Holdover Rent") shall be increased to one hundred ten percent (110%) of the rent applicable during the month immediately preceding such expiration or earlier termination. The Holdover Rent shall remain at said level until the date (pro-rated if a date less than the end of the month) LESSEE ceases possession of the Premises or any part thereof. 16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, to any third party whose primary source of revenue is generated from the management and leasing of communications facilities,or(ii) grant to any such third party • by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof,for the purpose of operating and maintaining communications facilities or the management thereof,with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If LESSEE Mils to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR,LESSOR may sell or grant the easement or interest in the Property or portion thereof to such third person in any accordance cer ith the terms devise conditions of such third party offer. For purposes of this Paragraph, bequest of LESSOR's interest in 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. 17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide (I)to sell or transfer all or any part of the Property to a purchaser other than LESSEE,or(ii)to grant to a third party by casement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an casement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE'S rights hereunder under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to 7 096000.7811/-2001-1 036/GRE Kersey.Alt,4/I.oase Agreement 12.07.07 ft1S_Rri1I 5746]5.2 08/22/2008 10:15 303-623.38 FEDEX KINKO'S 49 PAGE 10 GRE Kersey,Alt. 4 LESSEE under this Agreement, and LESSEE shall have the right to look to LESSOR and the third party for the full performance of this Agreement. 18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein,shall peaceably and quietly have,hold and enjoy the Premises. 19. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term 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 during the Term that there are no liens,judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, casements or restrictions which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 20. 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 he 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 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, in law or in equity. 21. 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. 22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal, affiliates, subsidiaries of its principal or 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. As to other parties, this Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE shall not sublet any interest in the lease nor any portion of the Premises without the written consent of the LESSOR. 8 096000.78N-a00t-103l7CRE Keracy,Alt.4/1.ent Agrament 12.07.07 LU3 Rf;U5346 5.2 08/22/2008 10:15 303-6238 FEDEX KINKO'S9 PAGE 11 GRE Kersey,Alt. 4 23. LgQTLCES. 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: George 1-I. &Je nyrae Ottenhoff 25957 Weld County Road 53 Kersey,Colorado 80644 LESSEE: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless 180 Washington Valley Road Bedminster,New Jersey 07921 Attention:Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto. 25. SUBORDINATION AND NON-DISTURBANCE. LESSOR shall obtain, within a reasonable period of time following the execution of this Agreement, a Non-Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property,provided, however, that existing mortgagee(s), ground lessors and master lessors are agreeable to such an agreement. At LESSOR'S option, this Agreement shall be subordinate to any mortgage, deed of trust or other security interest (a"Mortgage") by LESSOR. which from time to time may encumber all or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE's benefit a non-disturbance and attornment agreement in recordable form reasonably satisfactory to LESSEE, and containing the terms described immediately below (the "Non-Disturbance Agreement"), and shall recognize 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 beyond applicable notice and cure periods. The Non-Disturbance Agreement shall include the encumbering Party's ("Lender's")agreement that, if Lender or its successor-in-interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Property, Lender or such successor-in-interest or Purchaser will (1) honor and abide by all of the tenns of the Agreement, (2) fulfill LESSOR'S obligations under the Agreement, and (3) promptly cure all of the then-existing LESSOR defaults under the Agreement. Such Non-Disturbance Agreement must be binding on all of Lender's participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers. In return for such 9 096000,7trv.2001.1076/OR8 Kersey.Alt.4/Lease Agreement 11,07,07 IUS—RF.1153.1635.2 08/22/2008 10:15 303-623.38 FEDEX KINKO'S 49 PAGE 12 GRE Kersey,Alt.4 Non-Disturbance Agreement, LESSEE will execute an agreement in which LESSEE(1)confirms that the Agreement is subordinate to the Mortgage or other real property interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the owner of the Property, and (3) agrees to accept a cure by Lender of any of LESSOR'S defaults, provided such cure is completed pursuant to this Agreement and within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other performance of any mortgage or other real property 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 submgated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be 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, 26. RECORDIN . LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 27. DEFAULT. a. In the event there is a breach 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 breach,provided that LESSOR shall not be required to give LESSEE such notice of breach more than twice during any consecutive twelve(12) month period. After receipt of such written notice, LESSEE shall have fifteen (1 5) days in which to cure any monetary breach and thirty (30) days in which to cure any non-monetary breach, 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 breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty(30)days in which to cure any such breach, provided LESSOR 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 LESSOR commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5)days after receipt of written notice of such breach, to perform an obligation required to be 10 096000.78N-2001.1036/ORE Kersey,Au,4/ se A5memcnt 12.0101 SUS_REt1554635.2 08/22/2008 10:15 303-6231138 FEDEX KINKO'5 49 PAGE 13 GRE Kersey,Alt. 4 performed by LESSOR if the failure to perform such an obligation interferes with LESSEE'S ability to conduct its business on the Property; provided, however, that if the nature of LESSOR's obligation is such that more than five(5)days after such notice is reasonably required for its performance, then it shall not be a default under this Agreement if performance is commenced within such five (5)day period and thereafter diligently pursued to completion. 28. REMEDIES. Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement,without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located;provided,however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If the non-defaulting Party so performs any of the defaulting Party's obligations hereunder, the full amount of the reasonable and actual cost and expense incurred by the non-defaulting Party shall immediately be owing by the defaulting Party to the non-defaulting Party, and the defaulting Party shall pay to the non- defaulting Party upon demand the full undisputed amount thereof with interest thereon from the date of payment at the lesser of(i)ten percent(10%)per annum,or(ii)the highest rate permitted by the applicable Laws(as hereinafter defined). Notwithstanding the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, including all accrued interest, due against all fees due and owing to LESSOR until the lull undisputed amount, including all accrued interest,is fully reimbursed to LESSEE. 29. ENVIRONMENTAL. a. LESSOR warrants and agrees that neither LESSOR nor, to LESSOR'S knowledge, any third patty has used, generated, stored or disposed of, or permitted the use, generation,storage or disposal of, any Hazardous Material (as defined below)on, under,about or within LESSOR's Property in violation of any law or regulation. LESSOR and LESSEE each agree that they will not use, generate, store or dispose of any Hazardous Material on, under, about or within LESSOR'S Property in violation of any law or regulation. LESSOR agrees to defend and indemnify LESSEE and the its partners, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in this paragraph. LESSEE agrees to defend and indemnify LESSOR and the its partners, affiliates, agents and employees against any and all losses, liabilities,claims and/or costs(including reasonable attorneys'fees and costs) arising from any breach of any warranty or agreement contained in this paragraph. "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic II 096000.78N-2001.1036/GRE Kcrscy,All.el/I.cnse Agreement 12.0207 BUS RE\I 5346352 08/22/2008 10:15 303-62338 FEDEX KINKO'S9 PAGE 14 ORE Kersey,Alt. 4 or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). b. LESSOR acknowledges that hazardous materials may be present on the Property. If abatement of hazardous materials is required in connection with the construction of the Premises, LESSOR shall not be responsible for payment of any increased construction costs at the Premises due to the presence of hazardous materials not released by the LESSOR. LESSOR shall cooperate with the removal of any hazardous materials on the Premises and agrees to sign all necessary documents and manifests for handling and removal. "Hazardous Material" shall mean any material, substance, chemical or waste identified as hazardous,toxic, solid waste or dangerous in any applicable federal, state or local law or regulation (including petroleum, impacted soils and asbestos), 30. CASUALTY. Tit 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 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 arty 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 prior 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, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 31, CONDEMNATION. In the event of any condemnation of all or any portion of the Premises,this Agreement shall terminate as to the part so taken as of the date the condemning authority takes title or possession,whichever occurs first. If as a result of a partial condemnation of the Premises, LESSEE, in LESSEE'S sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, to be exercised in writing within fifteen (15) days after LESSOR shall have given LESSEE written notice of such taking(or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession)terminate this Agreement as of the date the condemning authority takes such possession. The Parties will each be entitled to pursue their own separate awards in the condemnation proceeding, which for LESSEE will include, where applicable, the value of the communications facility, moving expenses, prepaid rent, and business dislocation expenses, provided that any award to LESEE will not diminish Ll`sSSOR's recovery. In addition, but not to the exclusion of the foregoing, LESSEE may on its own behalf make a claim in any condemnation proceeding %redi ante involving theoth Propertygs of LESSEE related to the improvements, equipment, conduits, 12 096000.7afv.2OOi.l036/ORIe-Kersey,Alt.acme Agreement 12.01.07 eUS RE\I534635.Z 08/22/2008 10:15 303-62,38 FEDEX KINKO'5 lie PAGE 15 GRE Kersey, Alt. 4 situated on the Property which cannot be removed, its relocation costs and its damages and losses (but not for the loss of its leasehold interest) (collectively "Losses"). 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. If LESSEE does not terminate this Agreement in accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining. In the event this Agreement is not terminated, LESSEE shall also still be entitled to an award for its Losses against the condemning party. 32. unman OF AGItEEMENTLPARTIAL INVALIDITY/AUTHORITY. 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. 33, APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances)(collectively"Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with (a)all Laws relating solely to LESSEE's specific and unique nature of use of the Premises(other than general office use); and(b)all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 34. 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 which require performance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 35. CAPTIONS,. The captions contained in this Agreement are inserted for convenience only and am not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 36. TAXES. LESSEE shall pay all taxes levied upon improvement, fixtures, antennas, equipment and any other personal property which it places upon or uses on the Premises for the conduct of its business promptly as such taxes become due. 13 006000,7VV.2001-1036/GRE Kersey.AIL 4/Least Agreement 12.07.07 13VS RI 1314635.2 BB/22/2008 18:15 383-6231138 FEDEX KINKO'5 49 PAGE 16 GRR Kersey, All. 4 37. CONDITION OF PREMISES. LESSEE has inspected the Premises and is familiar with the condition of the Premises and accepts the Premises in their present condition end has not relied upon any representation or warranty of the LESSOR regarding the condition or the suitability of the Premises. LESSEE shall maintain the Premises in a neat and clean condition and shall not permit the accumulation of trash or debris on the Premises. 38. EX/LENSES OF ENFO'CWENT Should either Party incur any expense in enforcing any provision of this Agreement,the Party in default shall pay to the other all expenses incurred,including reasonable attorney fees. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: George H. at Jennyrae one ff By: Na . e Ottenhoff Date: ��■ By: Name: k n rae !ttenhoff I Date: U n. .._ .- - LESSEE: Verizon Wireless(VAW)W)LLC d/b/a Vei n Wireless By: Name: Keith A. Surratt Title; Wes Area Vice President,Network Date: 3 (a. f o$ 14 (106000.78/0.200 I.103,ltikli Kurwy.All,4/l.00se Awva1t.Il 12.07 07 RIIS It11I il6i .2 08/22/2008 10:15 303-6231138 FEDEX KINKO'5 169 PAGE 17 GRE Kersey,Alt. 4 EXHIBIT"R' (Legal Description) THE NE IA OF THE NE 1/4 OF SECTION 29.TOWNSHIP 5 NORTH.RANCE 64 WEST OF THE 6TH P.M..COUNTY OP WELD,SPATE OF COLORADO • 096000,78/V-2006ID6/QRE Kersey.Alt.4/Least Agreement 12.07.07 nUS„RE11524625.2 08/22/2008 10:15 303-623.38 FEDEX KINKO'5 69 PAGE 18 p ! i I: 6&M• iI1J q li 11:61 I e1 IiikLtw Ili IKUl i n SF L ll a II ri! 123 _ 7 Q it lo 1:ail g1 %,!11 li iP u, '. c� i2 iR It PP9,t Y , ! r r. f�4' n ti ii`igliiiel� ,,9' h� Sl11 1;1111l1BI I ;ilk', 00 0O_000 C . x L I , ,. , , �I ••;M _ � ' �_ s yqy � � 1 t q . �+I '4 I rll• vain I qbi . Y i6p 1q 08/22/2008 10:15 303-623638 FEDEX KINKO'S 69 PAGE 19 Iiii& _Iih1hI �. LLhI N ,a_a_Q L 4 Ii {, ; l . 1 i. i f. e� ,? ill 0°i 0 a i1 I) o i ilk a lo di as s� i oil f {'� i ri a i g I ° ';i dias aia li!�dill! I ,11 ipi -{ A. i° i a" 03,b; x044,�,4 tii{ii! lli iapti 01 l !a, {I'°4Iits{{i4Eilifl�l!!!{l R!'{ lli!{i! a0laI .. .. • .4 1 !i a ..... . 1 i �� _-. j t ,, i 0 • \ . 4 �=lam ■ I: � ,�a� 1 '' \ I 11'I 1 2 �® ---- _I--- i" fq; I in rM. 7w -$fyy VS 08/22/2008 10:15 303-623- 38 FEDEX KINKO1S 9 PAGE 20 CD t q re MS ItãI1 lit a i1gIi4 ! ..ill 'i'9hi. ��@ij1NI E u, I1iii s`�.p. .. 7 �wwii AwL ! ' i ofill 6 ! = It I III a 4 !yRIcyIaI ell e : e 9•ii3p ! 0i! ! sIgillJfl IU V E=w a i ow 5@ s 1 ' I11 Ii I i 0 t ! tl i1. i lift 6 r Ol :: did f lAsiiil 9 ! !tilo , g i �: n p6 �� 7 ! !!alI! !!S!l9IiIIIRtIEI,EIIIIIh!(Iilll 00 0 c 0 0 00 0® 0 004x4000 ®® N'® �_ flit ni iii ii 61 .�.r cif d � j��s ��►r �.�� stn .• .. r_cd1► ► y��.� �!�IP��\� .<71� c:-.....:t t 4 $ 08/22/2008 10:15 303-623638 FEDEX KINKO'S 49 PAGE 21 • CRC Kersey,Alt. 4 EXHIBIT"C" • 096000,7$1N-3001-I006/GRE Kersey,Alt.41Lense Agreement 12.07.07 EUS RE11334605,2 0B/22/200B 10:15 303-6231638 FEDEX KINKO'S 0. PAGE 22 Wills 04411141.4 .1..w 6 . im .. /'/+\ i' ITV 101113 88'J `-s+t 3 sl i ill it ll 1 I ��y� �� I 9l, "le r 0 I I A Illll ills ee : PI M' 11 I I I • Ile11�1iIleliel 11ynH � id Q d� 0 P iii I Ili ,h1,.e! 1!pAp-p`iIx � �+ I � EiiU ��y ��1; "1'.l le• I I ilil k I.1 he b I„ }a"...•.. • ^ 'egl, 1 le . I.aggg k 1. 1 a it its ie lii$ 11I 19 I II. ; I Ii t IIill; y NIi�. 13'. I "ill II alp- jii, ri1 Ip'. i mg PaliDe JI I�pI e' _l a 10s it _.,,,ti_y 1 e0.. ! 1..,e111RRR by 11 4—iI _I i. a I1�I In. I I e, 111 1 1 I N ` �C '�1�1 -..,nr '-.�, , - —,-. �' — '� „�,"ci�^ ice.la • `p b s�,y, I 11 / tlly1 1i 1 i a„.. I Su,;,5'15F ' ral N 4 l / 1 =- . ass I 4 ..I 11. - 11) wy 5 11 + Xa MEMORANDUM Vige TO: Kelly Harrison COLORADO DATE: January 8, 2008 FROM: Hannah Hippely SUBJECT: Plat Review Following is a list of changes required on the submitted USR plat. On Page 1 (currently titled Sheet Number Z): o Remove all names and addresses to the left of the Development Standards. o Remove everything to right and inclusive of the solid line on the right edge of Sheet Number Z. (A title bar such as the one on page LS1 may be placed here, but it is not required.) o Remove the Index of Drawings, Drawing Symbols, Building Data, Project Summary, and Approvals boxes o The Legal Description of this property should read 'The NE4 of the NE4 of Section 29, Township 5 North, Range 64 West of the 6`h Prime Meridian, Weld County Colorado'. Remove the site parcel number and site name information for the Legal Description box. o The box containing the certificate should be titled 'Certificates' remove the words 'Sign Off' o Add the property owners names under the lines for their signatures, both George and Jennyrea Ottenhoff will need to sign the USR plat please add both their names and make sure there is space for them to sign. o The Planning Commission Certification must be changed to read 'This is to certify that the Weld County Planning Commission has certified and does hereby approve and adopt this Site Specific Development Plan and Use by Special Review as shown and described hereon'. o Add 'Page 1 of 3' under the title. o Remove the Site Parcel Map On Page 2 (currently titled Sheet: LS1) o Add title 'Use By Special Review No. USR-1632' to the top of the page as on the other pages of the USR plat. o Add under the title 'Page 2 of 3'. o Remove the unnecessary title block and the unnecessary information blocks in title block ( Architect, Engineer/Consultant, and grid) o Remove the Certificate of Survey and Proprietary Information Box. The USR plat is not a survey document and does not need to be stamped. All information provided on the USR plat is public information. o The Vicinity Map must be drawn in accordance with section 23-2-260D.4 of the Weld County Code. This map must be drawn to a 1"-2000' scale, please check the County Code for other requirements. The Vicinity Map should be placed on page 1. o Remove the map titled "Overall Detail". o Remove, the Title R rt information, Assessor's Parcel No. iiikrmation, Legal Description (only netigsary on page 1), and all information reding Geographic Coordinates, Date of Survey, Basis of Bearings, Bench Mark. o The map currently called `Site Detail' should be titled `Parcel Map' and must be scaled at 1"=100', breaklines are not allowed on plats. o Remove graphic and information regarding the High Tension Power Pole north of the parcel. o Label the USR Boundary on the map and correct the legend to read USR Boundary and Lease Area. o Access Easement, Lease Area, Utility Easement all must be recorded separately and be referenced by the reception number on the USR plat. o Add USR Boundary to Lease Area label. o The parcel boundary has been highlighted on the Parcel Map, all information outside this line (not on the property) shall be removed. o A map of the Verizon Tower site shall be included. This map shall be at a 1"=20' scale. This shall be a detailed site plan for the area within the Lease area/USR boundary. On Page 3 -Sheet Number Z-1 is unnecessary and shall be removed. On Page 4 (currently Titled Sheet Number Z-2) o Remove the heavy solid line and all items to the right of it. o Add Page 3 of 3 under the title. I would strongly recommend in this case that a new set of paper plats be submitted for review prior to going to mylar. Should the mylar be unacceptable in any way it will be returned for correction. VERIZON WIRELESS March 5, 2008 Weld County Department of Planning Services Flannah L. Hippely 918 10th Street Greeley CO 80631 RE: USR-1632 Verizon Wireless USR (Verizon Wireless Project Name: GRE Kersey,Alt. 4) Dear Ms. Hippely, Please find enclosed owner-signed mylars for the approved USR-1632 Verizon Wireless USR. You may reach me at 303-748-0599 with any questions or concerns. Please let me know if you require any additional information. 'thank you. Sine rely, \\ 0.� Kelly Harrison V\ t.."-:" Site Acquisition and Zoning Consultant tr 1917 LOWELL BLVD • DENVER/COLORADO • 80204 MOBILE: 303-748-0599 • OFFICE: 303-561-2881 • • VERIZON WIRELESS January 28, 2008 Weld County Department of Planning Services Hannah L. Hippely 918 10th Street Greeley CO 80631 970-353-6100 x3558 RE: USR-1632 Verizon Wireless USR (Verizon Wireless Project Name: GRE Kersey,Alt. 4) Dear Ms. Hippely, Please fmd enclosed revised Plan Sets redlined per your 1/8/08 Memorandum. All sheets of the Plan Set have been modified to meet Weld County requirements. Upon your approval mylars will be produced. Please let me know the status of the Improvements Agreement (Private) for the proposed fencing. You may reach me at 303-748-0599 with any questions or concerns. Please let me know if you require any additional information. Thank you. Sincerely, Kelly Harrison Site Acquisition and Zoning Consultant 1917 LOAAFI.I. BI.VD • DENVER/COT.ORADO • 80204 81O1311,H: 303-748-0599 • OPPICI4: 303-561-2881 VERIZON WIRELESS December 20, 2007 Weld County Department of Planning Services Hannah L. Hippely 918 10th Street Greeley CO 80631 RE: USR-1632 Verizon Wireless USR (Verizon Wireless Project Name: GRE Kersey,Alt. 4) Dear Ms. Hippely, Please find enclosed revised Plan Sets redlined per your 11/27/07 Land Use Application Summary Sheet. All sheets of the Plan Set have been modified to meet Weld County requirements. Upon your approval mylars will be produced. I have also enclosed the Improvements Agreement (Private) for the proposed fencing. I have included a fence quote from the contractor who will be performing work on the site. I made one modification to the Agreement itself. On page three of the Agreement I increased the time to complete the improvements from one year to three. Since the Weld County Zoning Approval is valid for three years I believe the Improvements Agreement should match that timeframe. I respectfully request this extension to allow each of VZW's Weld County Approvals to expire at the same general time. You may reach me at 303-748-0599 with any questions or concerns. Please let me know if you require any additional information. Thank you. Sincerely, it.f,v Kelly arrison Site Acquisition and Zoning Consultant 1917 LOWELL BLVD • DENVER/COLORADO • 80204 MOBILE. 303 748 0599 • OFFICE'. 303-561-2881 1. Prior to recording the plat A. The applicant shall submit an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive,parking areas,etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). The applicant shall submit to the Department of Planning Services an itemized bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) Included — please review. B. 2 A copy of the signed and recorded lease agreement shall be submitted to the Department of Planning _t ! \._% Services. The owner has signed the lease and it is being signed by VZW— this document l`ili I / will be submitted to the County as soon as it is fully executed. • /� The plat shall be amended to delineate the following 1 1 1. All sheets of the plat shall he labeled USR-1632. (Department of Planning Services) Complete. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) Complete. 3. The attached Development Standards. (Department of Planning Services) Complete. 4. County Road 53 is designated on the\Veld County Road Classification Plan as a collector road,which requires eighty(80) feet of right-of-way at full build out. There is presently 60 feet of right-of-way,the applicant shall show an additional 10 feet as future county right of way on the plan map. The applicant shall verify the existing right-of-way and the documents creating the right-of-way.This road is maintained by Weld County. Complete. 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat. (Department of Planning Services). Complete. D. 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) • • MOUNTAIN WIRELESS CONSTRUCTION, INCORPORATED 927 SALIDA WAY•AURORA,COLORADO 80011 •303.343.6544 December 19,2007 Verizon Wireless 3131 South Vaughn Way Suite 550 Aurora, CO 80014 Attn: Dallas Kiland Re: Fencing Kersey Proposal to install 340'of fence with 2-6'gates Total: $14,325.00 Thank you, Randy Hanson Mountain Wireless Construction, Inc. BEFORE TH•ELD COUNTY, COLORADO, PLANNIN•MMISSION Moved by Paul Branham,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1632 APPLICANT: Verizon Wireless PLANNER: Hannah Hippely LEGAL DESCRIPTION: Part of the NE4 NE4 of Section 29,T5N, R64W of the 6th P.M.,Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter)in the A(Agricultural)Zone District. LOCATION: Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. 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. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: 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. This application is proposing to locate the facility on a non-irrigated parcel. There will be no impact to agricultural production as the parcel is not farmed, additionally the area being leased by Verizon Wireless covers less than half an acre. 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 the three mile referral area for the Town of Kersey. The town did not respond to the referral request and the Notice of Inquiry was signed without comment by the Town's representative. A copy of the Notice of Inquiry was submitted with the application materials. 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 tower is designed as a 100 foot tall lattice tower with a 10 foot windmill on the top. The applicants attempt to mitigate the visual impacts of the tower are sufficient. The applicant has also proposed to fully screen the area with a solid fence;it is staffs opinion that this is sufficient to minimize the visual impacts of the ground equipment. 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 first Condition of Approval is that the applicant agrees to this stipulation. F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands. The proposed facility will function as an unmanned site and does not currently have water service or sanitation needs. During construction, as required by the Development Standards, bottled water will be provided for drinking and hand washing purposes, toilet facilities (port—a—potty)will also be provided . Resolution USR-1632 Verizon Wireless Page 2 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. In order to meet the applicant's service coverage needs a specific area was identified in which a new antenna needed to be located. Within this radius the only existing option was to locate on the Kersey water tower. Since this option was not feasible, due to deed restrictions on the water tower, the applicant has no other alternative but to construct a new facility somewhere within the defined area. H. Section 23-2-400.H.--It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY. This applies only in cases regarding 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 there will be a single structure which will house control equipment. If necessary electricity may be supplied by the existing infrastructure. As the site will be unmanned, other services and utilities will not be needed. 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. The Colorado Division of Wildlife did not return a referral indicating a conflict with their interests. 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. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This 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 Weld County Planning Commission approval is conditional upon the following: 1. The applicant agrees 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. 2. Prior to recording the plat: A. The applicant shall submit an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation(access drive, parking areas, etcetera)and non-transportation (plant materials,fencing, screening,water, signage etcetera). The applicant shall submit to the Department of Planning Services an itemized bid for review. The agreement and form of collateral shall be reviewed by County Resolution USR-1632 Verizon Wireless Page 3 Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) B. A copy of the signed and recorded lease agreement shall be submitted to the Department of Planning Services. C. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1632.(Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. County Road 53 is designated on the Weld County Road Classification Plan as a collector road,which requires eighty(80)feet of right-of-way at full build out.There is presently 60 feet of right-of-way, the applicant shall show an additional 10 feet as future county right of way on the plan map. The applicant shall verify the existing right-of-way and the documents creating the right-of-way.This road is maintained by Weld County. 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat. (Department of Planning Services) D. 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) 3. Upon completion of 1. and 2. 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 Planning Commissioners resolution.The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. 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 applicatop was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. 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,ArcInfo 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 mapseco.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Home Light and Power/Public Service Company of Colorado USR-1592 1. The Site Specific Development Plan and Special Review Permit is for A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 110 foot tower and windmill, panel antennas and an equipment shelter) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate toilet facilities (port-a-potty)shall be provided during facility construction. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking and hand washing during facility construction. (Department of Public Health and Environment) 10. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 11. 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) 12. A building permit shall be obtained prior to the construction of structures such as the tower or related equipment storage buildings. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. (Building Department) 13. A plan review is required for each building for which a building permit is required. 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. (Building Department) 14. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005 National Electrical Code. (Building Department) Resolution USR-1632 Verizon Wireless Page 5 15. Each structure will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Building Department) 16. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. (Building Department) 17. Building height shall be measured in accordance with the 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. (Building Department) 18. A letter of approval from the Platte Valley Fire District shall be provided prior to permits issue. (Building Department) 19. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 20. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 21. 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) 22. 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) 23. Verizon Wireless shall,within ninety days after termination of the lease,remove its building,antenna structure, equipment and all personal property and restore the premises to its original condition, reasonable wear and tear excepted as per the lease agreement. 24. Collocation of other antenna by other service providers shall be permitted on the tower.(Department of Planning Services) 25. Personnel from the Weld County Government 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) 26. 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) 27. 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) Resolution USR-1632 Verizon Wireless Page 6 Motion seconded by Tom Holton. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Roy Spitzer Paul Branham Mark Lawley The Chair declared the resolution passed. CERTIFICATION OF COPY I, Kristine Ranslem, 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 December 6, 2007. Dated the 6th of December, 2007. Kristine Ranslem Secretary The Chair asked Ms. Hippely if they wish to have this case remain on Consent. Ms. Hippely stated that at this time they would like to pull this case from the Consent Agenda and request that it be continued to the January 8, 2008 meeting. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Paul Branham moved that Case USR-1606 be continued to the January 8,.2008 Planning Commission meeting, seconded by Erich Ehrlich. Motion carried unanimously. Paul Branham moved that Case USR-1631, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Roy Spitzer seconded the motion. Motion carried unanimously. The Chair read the following case into record. CASE NUMBER: USR-1628 APPLICANT: TARH E&P Holdings, L.P. PLANNER: Chris Gathman LEGAL DESCRIPTION: W2NE4SE4 of Section 23,T6N, R66W of the 6th P.M.,Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for oil and gas production facilities(two oil and gas wells)in the A(Agricultural)Zone District. LOCATION: Approximately 1/4 mile north of CR 66 and approximately 1/2 mile west of CR 35. Chris Gathman, Department of Planning Services, stated that he received correspondence from the representative for the applicant. He added that he is unable to attend the hearing today and they request that this case be continued until January 8, 2008. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Roy Spitzer moved that Case USR-1628 be continued until January 8, 2008, seconded by Tom Holton. Motion carried unanimously. The Chair moved to Case Number USR-1633 and read it into record. CASE NUMBER: USR-1633 APPLICANT: Spicer Ranches, LTD PLANNER: Roger Caruso LEGAL DESCRIPTION: SW4 of Section 27,TN, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Use Permit for Roping Arenas,to include both indoor and outdoor arenas,commercial, in the(A)Agricultural Zone District. LOCATION: North of and adjacent to CR 76 and East of and adjacent to CR 43. Roger Caruso, Department of Planning Services, stated that Linda Hulse, who is the representative for Spicer Ranches, LTD is requesting a continuance to the April 1, 2008 Planning Commission meeting to resolve the Department of Public Works and Department of Health concerns. Mr. Caruso commented that staff recommends the continuance be granted until the April 1, 2008 Planning Commission hearing. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Roy Spitzer moved that Case USR-1633 be continued until April 1,2008, seconded by Robert Grand. Motion carried unanimously. The Chair read the following case into record. CASE NUMBER: USR-1632 APPLICANT: Verizon Wireless PLANNER: Hannah Hippely LEGAL DESCRIPTION: Part of the NE4 'JE4 of Section 29,T5N, R64W of the 6th P.M.,Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter)in the A(Agricultural)Zone District. LOCATION: Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Hannah Hippely, Department of Planning Services, stated that USR-1632 is an application made by Verizon Wireless for a Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 110 foot tower and windmill, panel antennas and an equipment shelter) in the A(Agricultural)Zone District The site is located south of Kersey, Approximately 1 mile north of County Road 52 and west of and adjacent to County Road 53. The property to the north is located within the Town of Kersey, to the northeast the zoning is PUD Estate, the remaining surrounding property is zoned agricultural. Numerous Use by Special Review permits exist in the area. The sign announcing this Planning Commission meeting was posted by staff on November 21, 2007. Ten referral agencies reviewed this proposal. Six responded and either stated that they did not have a conflict with the use or expressed concerns that have been addressed through the Conditions of Approval and Development Standards. Ms. Hippely stated that Planning Staff is recommending the approval of this application. She added that because this is a Major Facility of a Public Utility the Planning Commission, in this case, is the last approving body. Commission Spitzer asked to see the picture looking northeast to Kersey again. Ms. Hippely showed the picture from the presentation. Commissioner Ochsner asked if there were any pictures of what the tower would look like. Ms. Hippely showed the board the pictures from the presentation. Ms. Hippely commented that the applicant originally proposed a self-supporting lattice tower with a windmill. She added that Planning Staff is requesting that they change this to be a monopole structure because they feel that the visual impact will be actually less with the monopole than with the attempt to disguise this as a windmill. Commissioner Branham asked what the monopole would look like. Ms. Hippely said that she is not sure what the specific design is and the applicant can address that a little better. She added that she did do a little research on some other types of towers and passed the pictures around to the Planning Commissioners. Commissioner Spitzer asked if the windmill is only for decoration. Ms. Hippely replied that was correct. Ann Closser, 4305 Darley Av, Boulder, commented that with her is Kelly Harrision who has done a lot of field work on this project and also David Bourne who is the Senior Radio Frequency Engineer for this project and he has also designed this particular installation. Ms. Closser commented that she has a photo rendering of what the windmill design would look like and also a drawing which illustrates the monopole and p^ssed those out to the Planning Commissioners to compare. Ms. Closser stated that as you can see they have illustrated the lattice design with the windmill at the top. She added that they have shown on the drawing, in hatch marks, future antennas. However they are not future antennas for Verizon Wireless, but rather a potential co-locater if somebody were to come down the pike and say we need an installation in this geographic area. Ms. Closser expressed that they feel this windmill design is more appropriate given the Agricultural setting. Commissioner Holton asked if their preference is for the windmill design. Ms. Closser replied that it is their preference; however it is not to say that they wouldn't go with the monopole design. Commissioner Holton asked if it is because of the visual aspects of it and further asked if it costs more for this design. • • Ms. Closser responded that it is more expensive to install, but they think from an aesthetic standpoint it is more compatible with the surrounding area. Commissioner Ochsner asked if this design has been used anywhere else. Ms. Closser said that it has been used by other carriers. She referred to Mr. Bourne to better answer that question. David Bourne, RF Engineer for Verizon Wireless, 17235 Opal Hill Dr, Parker, CO, commented that he couldn't think of any case with regard to his sites where they have built the windmill design. However there is one where they co-located on an existing windmill and that is around I-25 and Highway 7. Mr. Bourne added that there are a number of these around the area. Commissioner Ochsner asked if he feels these fit into the scenery. Mr. Bourne indicated that it is subjective and depends on the height of it and where they are located. He added that he doesn't really have an opinion that every cell site that looks like a windmill is a good idea. Commissioner Hall asked if the monopole would give them the same opportunities. Mr. Bourne replied that it would and from an engineering standpoint, as far as which one performs better, they are going to perform exactly the same The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Commissioner Branham referred to Page 4,Condition 2 with regard to"increasing the size of the windmill so that it is in proper scale to the tower." Mr. Branham asked what they mean by"in proper scale". Ms. Hippley said that Staffs issue with this windmill design is that they don't think it will look anything like a windmill. She added that if you imagine a 100'tower with a ten foot circle on top of it,they believe that the windmill portion of it is out of proportion with the rest of the tower to actually appear to be a windmill. Ms. Hippely commented that the antenna will be wider in diameter than the actual windmill on top. The Chair asked if the Department of Public Health had any comments. Char Davis, Department of Public Health, said that she didn't have anything to add to this. The Chair asked if the Department of Public Works had any comments. Dave Snyder, Department of Public Works, commented that they don't have any issues with this case. Bill Hall moved to accept Staff's recommendation on a monopole, seconded by Erich Ehrlich. Commissioner Spitzer said that he likes the recognition of the history of the area and realizes that it is hard to make a 100'tower look like an operating windmill. He added that he appreciates the applicant's design to be compatible with the area, and doesn't have any strong feelings about it one way or the other. Commissioner Branham commented that this is an issue that everyone will look at this tower for a few days and then they will drive by it and will never see it. He added that he is not sure if this will make any difference if it is a windmill or anything else. He expressed that if Verizon Wireless is willing to spend the extra money to make it look nice and fit in with the community, he thinks that it would be okay to have the windmill. Commissioner Lawley commented that he likes the windmill concept, but it does look a little out of proportion with regard to the windmill and the rest of the tower. The Chair asked the applicants if they read through the Development Standards and Conditions of Approval and if they are agreement with those. The applicants replied that they are in agreement, however she commented that they favor the windmill design. Commissioner Ochsner said that he loves the idea of trying to disguise the pole and being a little creative. He added that he is not sure if a 100'windmill will look out of place for him or not because he can't visualize that. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham, no; Erich Ehrlich, yes; Robert Grand, no; Bill Hall, yes; Mark Lawley, no; Roy Spitzer, no; Tom Holton, no; Doug Ochsner, no. Motion failed. Paul Branham moved to delete Condition 2 on page 4 which would make it permissible to have the windmill atop the tower, seconded by Tom Holton. Erich Ehrlich voted no. The Chair asked the applicants if they agree to the amended Development Standards and Conditions of Approval and if they are agreement with those. The applicants replied that they are in agreement. Roy Spitzer moved to approve Case USR-1632, seconded by Tom Holton. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul Branham, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley,yes; Roy Spitzer, yes;Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously. Meeting adjourned at 2:13 p.m. Respectfully submitted, Kristine Ranslem Secretary Preliminary / LAND USE APPLICATION / SUMMARY SHEET 11`k COLORADO Case Number: USR-1632 Hearing Date: December 4, 2007 Applicant: Verizon Wireless Address: Kelly Harrison Verizon Wireless 1917 Lowell Blvd. Denver CO 80204 Request: A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 110 foot tower and windmill, panel antennas and an equipment shelter) in the A (Agricultural) Zone District Legal Description: Part of the NE4 NE4 Section 29, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: Approximately 1 mile north of County Road 52 and west of and adjacent to County Road 53. Size of Parcel: 39 +/-acres 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 Zoning Compliance, referral received 10/2/2006 • Weld County Department of Public Health and Environment, referral received 10/26/2007 • Weld County Department of Public Works, referral received 10/2/2007 • Weld County Department of Building Inspection, referral received 10/1/2007 • West Greeley Soil Conservation District, referral received 10/16/2007 • Weld County Department of Planning Services Landscape referral dated 10/1/2007 The Department of Planning Services' staff has not received responses from the following agencies: • Platte Valley Fire Protection District • Town of Kersey • Weld County Sheriffs Department • Colorado Division of Wildlife USR-1632 Verizon Wireless page 1 of 8 • • Preliminary SPECIAL REVIEW PERMIT h iDe ADMINISTRATIVE REVIEW COLORADO Planner: Hannah Hippely Case Number: USR-1632 Hearing Date: December 4, 2007 Applicant: Verizon Wireless Address: Kelly Harrison Verizon Wireless 1917 Lowell Blvd. Denver CO 80204 Request: A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 110 foot tower and windmill, panel antennas and an equipment shelter) in the A (Agricultural) Zone District Legal Description: Part of the NE4 NE4 Section 29, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado Location: Approximately 1 mile north of County Road 52 and west of and adjacent to County Road 53. Size of Parcel: 39 +/-acres with 3600 sq. ft. covered by USR Parcel Number: 0963 29 000013 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. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-400.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. This application is proposing to locate the facility on a non-irrigated parcel. There will be no impact to agricultural production as the parcel is not farmed, additionally the area being leased by Verizon Wireless covers less than half an acre. 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 the three mile referral area for the Town of Kersey. The town did not respond to the referral request and the Notice of Inquiry was signed without comment by the Town's representative. A copy of the Notice of Inquiry was submitted with the application materials. USR-1632 Verizon Wireless page 2 of 8 Preliminary 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 tower is designed as a 100 foot tall lattice tower with a 10 foot windmill on the top. It is staff's opinion that the applicants attempt to mitigate the visual impacts of the tower are insufficient. The windmill appears to have been an afterthought; the size of the windmill relative to the height of the tower is not great enough to have any real effect on the appearance of the tower. The tower will not look like a windmill it will look like a lattice tower with a little windmill on top. Included in the Conditions of Approval is the condition that the applicant more effectively mitigates the impacts visual impacts of the tower. The applicant has also proposed to fully screen the area with a solid fence, it is staffs opinion that this is sufficient to minimize the visual impacts of the ground equipment. 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 first Condition of Approval is that the applicant agrees to this stipulation. F. Section 23-2-400.F. — The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands. The proposed facility will function as an unmanned site and does not currently have water service or sanitation needs. During construction, as required by the Development Standards, bottled water will be provided for drinking and hand washing purposes, toilet facilities (port—a—potty) will also be provided . 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. In order to meet the applicant's service coverage needs a specific area was identified in which a new antenna needed to be located. Within this radius the only existing option was to locate on the Kersey water tower. Since this option was not feasible, due to deed restrictions on the water tower, the applicant has no other alternative but to construct a new facility somewhere within the defined area. H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the COUNTY. This applies only in cases regarding 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. USR-1632 Verizon Wireless page 3 of 8 Preliminary 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 there will be a single structure which will house control equipment. If necessary electricity may be supplied by the existing infrastructure. As the site will be unmanned, other services and utilities will not be needed. 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. The Colorado Division of Wildlife did not return a referral indicating a conflict with their interests. 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. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant agrees 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 applicant shall more effectively mitigate the visual impact of the proposed tower. The current tp`I. windmill design shall be altered to increase the size of the windmill so that it is in proper scale with the tower. Alternatively, the applicant may abandon the lattice tower and windmill approach and instead construct a monopole. The change to the design shall be submitted to the Department of Planning Services for review and approval. 3. Prior to recording the plat: A. The applicant shall submit an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). The applicant shall submit to the Department of Planning Services an itemized bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) B. A copy of the signed and recorded lease agreement shall be submitted to the Department of Planning Services. C. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1632. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) USR-1632 Verizon Wireless page 4 of 8 Preliminary 4. County Road 53 is designated on the Weld County Road Classification Plan as a collector road, which requires eighty (80) feet of right-of-way at full build out. There is presently 60 feet of right-of-way, the applicant shall show an additional 10 feet as future county right of way on the plan map. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat. (Department of Planning Services) C. 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) 3. Upon completion of 1. and 2. 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 Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. 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 applicatop was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 5. 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) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1632 Verizon Wireless page 5 of 8 Preliminary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Home Light and Power/Public Service Company of Colorado USR-1592 1. The Site Specific Development Plan and Special Review Permit is for A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 110 foot tower and windmill, panel antennas and an equipment shelter) 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 8. Adequate toilet facilities (port-a-potty) shall be provided during facility construction. (Department of Public Health and Environment) 9. Bottled water shall be utilized for drinking and hand washing during facility construction. (Department of Public Health and Environment) 10. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 11. 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) 12. A building permit shall be obtained prior to the construction of structures such as the tower or related equipment storage buildings. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. (Building Department) 13. A plan review is required for each building for which a building permit is required. 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. (Building Department) USR-1632 Verizon Wireless page 6 of 8 Preliminary 14. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005 National Electrical Code. (Building Department) 15. Each structure will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Building Department) 16. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. (Building Department) 17. Building height shall be measured in accordance with the 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. (Building Department) 18. A letter of approval from the Platte Valley Fire District shall be provided prior to permits issue. (Building Department) 19. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 20. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 21. 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) 22. 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) 23. Verizon Wireless shall, within ninety days after termination of the lease, remove its building, antenna structure, equipment and all personal property and restore the premises to its original condition, reasonable wear and tear excepted as per the lease agreement. 24. Collocation of other antenna by other service providers shall be permitted on the tower. (Department of Planning Services) 25. Personnel from the Weld County Government 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) 26. 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) USR-1632 Verizon Wireless page 7 of 8 Preliminary 27. 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-1632 Verizon Wireless page 8 of 8 DEPARTMENT OF PLANNING SERVICES t NORTH OFFICE 918 10TH Street K -... GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970)304-6498 W COLORADO September 27, 2007 Verizon Wireless Attn: Kelly Harrison 1917 Lowell Blvd Denver CO 80204 Subject: USR-1632- Request for a Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter)in the A(Agricultural)Zone District on a parcel of land described as part of the NE4 NE4 of Section 29,T5N, R64W of the 6th P.M.,Weld County, Colorado. Dear Applicants: 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 December 4,2007, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10'" 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 Kersey Planning Commission for their review and comments. Please call Kersey at 970-353-1681 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 Kersey 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, -4 caA la fduti Hannah Hippely Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS 11/24/2007 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, Hannah L Hippely , HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR A Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 110 foot tower and windmill, panel antennas and an equipment shelter) in the A(Agricultural)Zone District. Hannah L Hippely Name of Person Posting Sign Vi4 Signatureon Posting Si n STATE OF COLORADO ) ) ss. COUNTY OF WELD ) �] �,nni The foregoing instrument was subscribed and sworn to me this ---1 day of 3V( ,1 Y , 2007. WITNESS my hand and official seal. _., c(i4 I cci(cl , i)(47,s Notary Public i .. BILLIE J. MOORE J�) 62 /l NOTARY PUBLIC /C//My Commission Expires: ? JV STATE OF COLORADO t i �: , p • p St. r N. Y , �S l r , ,,.. , iS, r . i.4. • _ i • • - '' - �� war • . . 1 Al ry e' is :IA', . , lFIA �.l • I Jt I " t . T a ti' 1 F I �r " fit• i is s 1 fig ;71 7 ir. 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'h '. k - 1- . . -• a i �. • • - .. s , + • \ c' I • 1 ` .� ` ` � h. �, f' q . a • • ' 1 ' �- \A y i Y` i \ •lam'•\ ♦t. • • .. ••• r 11ir " t ; • . Notice of Inquiry WI19€ Development within an Intergovernmental Agreement Urban Growth Boundary COLORADO Date of Inquiry -7 ( 516 Town Referred to: c 2J e Y Name of Person Inquiring KGL�yh�, a Property Owner 01—#14 1v it-is Planner N,) H-Wiz,i t Legal Description /l)6 / nl,1 L Z t - r- t `I Legal Parcel# 0 9 6 3 'Z cI U V o u rte# ! 3 Major Crossroads 2 S c1 ) C K S 3 C✓t 5-3 r Ca J 2. Type of Inquiry US Q ,4 C ct 1 t ,-re The above person inquired about developing a parcel of land inside your designated Intergovernmental Agreement Urban Growth Boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: -h I �v - 4 $r L.rrt -1° r c-c- 6?-L` I o �Ets Town/City Comments: Signature of W County Planner Signature of Town/Ci y epresentative It is the applicant's responsibility to return the completed form to Weld County. White copy:Applicant; Yellow copy Town/City;Pink Copy: Weld County Weld County Planning Department 918 10T"Street, Greeley,CO 80631 +(970)353-6100, Ext.3540+(970)304-6498 Fax 4209 CR 24.5, Longmont,CO 80504❖(720)652-4210,Ext.8730❖(720)652-4211 Fax • • Page 1 of 3 Hannah Hippely From: Kelly Harrison [klharr@msn.com] Sent: Wednesday, November 07, 2007 2:24 PM To: Hannah Hippely Cc: david.born@verizonwireless.com Subject: RE: USR-1632 Kersey Tower Hannah, That tower is far from our search area objective, which is noted on the maps I sent with the certified mineral interest letters - it simply cannot provide the coverage we need in the area. In my revised Technical Report you will note that I wrote the telecommunications facility(needs to)be located as close to the south end of the Town of Kersey as possible. Two miles SW simply will not provide the coverage we require for Hwy 34 and the Town of Kersey. Please note we are also responding to numerous customer complaints in the area. Verizon Wireless will,in all instances possible,collocate so as not to go through public hearings and create more towers than are necessary in a geographical area. We simply need a facility in the location you are currently reviewing. Do I need to add more information to the Technical Report? Thank you,Kelly Subject: RE: USR-1632 Kersey Tower Date: Wed, 7 Nov 2007 14:03:16 -0700 From: hhippely@co.weld.co.us To: klharr@msn.com Hi Kelley, In preparing this case and writing the comments I have discovered that there is an existing MCI tower located approximately 2 miles southwest of this location you are proposing to use. I have attached a map showing the two locations. Can you please tell me if this tower was considered for co-location and if not why. If it was considered could you please discuss why collocation was not possible? Thanks. J(cuuudl £. Slippety Weld County Department of Planning Services 918 10th Street Greeley CO 80631 hhippely@co.weld.co.us 970-353-6100 x3558 From: Kelly Harrison [mailto:klharr@msn.com] Sent: Wednesday, November 07, 2007 11:49 AM To: Hannah Hippely Subject: RE: USR-1632 Kersey Tower Great. Let me know if you need anything further. Kelly 11/07/2007 • • Page 2 of 3 Subject: RE: USR-1632 Kersey Tower Date: Wed, 7 Nov 2007 11:31:45 -0700 From: hhippely@co.weld.co.us To: klharr@msn.com Thanks,I have them. I did not look in the envelope as I thought just new maps were in there. Sorry for the confusion. Jam .11 S.e. Sappeeti Weld County Department of Planning Services 918 10th Street Greeley CO 80631 hhippely@co.weld.co.us 970-353-6100 x3558 From: Kelly Harrison [maiito:klharr@msn.com] Sent: Wednesday, November 07, 2007 10:48 AM To: Hannah Hippely Subject: RE: USR-1632 Kersey Tower Hi Hannah, Hard copies of the notification came in with my last submittal - please check to make sure you have them as they were my originals. Copies of certified letters plus return receipt which guarantees the letters were received. Kelly Subject: USR-1632 Kersey Tower Date: Wed, 7 Nov 2007 10:47:00 -0700 From: hhippely@co.weld.co.us To: klharr@msn.com Hi Kelley, An applicant for a USK permit is required to notify the mineral interests of the proposal and the Planning Commission hearing 30 days prior to the hearing. The County asks for evidence of notification,which usually is a copy of the letter sent and a mailing certification. If you have done so please sent me the necessary copies,these may be submitted as late as the day of the Planning Commission heating. If you have not notified the mineral owners by this time you will need to obtain a waiver of the notification requitement from the mineral owner/lessees. This would be a letter from the mineral interest stating they waive their 30 day notification. Additionally,if you could get them to include a statement to the fact that they do not have any objections to the proposal that would be good too. Hopefully I have provided enough of a heads tip that you should be able to submit this letter at the Planning Commission hearing if not earlier. Feel free to call if you have questions. Hannah L. Hippely Weld County Departmant of Planning Services 918 10th Street Greeley CO 80631 970-353-6100 x3558 hhippelyeco.weld.co.us 11/07/2007 • FIELD CHECK Inspection Date: /O/S /0 Applicant: von 1/4x22-kss Case #: —V 32 Request: (,,(571t/f�t4YLat a4r47 � Legal: NO � Section: T: 5 N R: Lit W Location: Parcel ID #: ��?'J P'2 0OLEO Acres: Zoning Land Use nil1117 W Y°I W 1A-6/ Comments: yaaakl- 9124-1, stAt ,5)(t 61446( (coal Y ' (\csick( ,Aa5 r Ihal ?dyer- (iltef Hanna H ppely, P ai ❑ House(s) ❑ Derelict Vehicles ❑ Outbuilding(s) ❑ Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops ❑ Site Distance o Wetlands ❑ Mobile Home(s) ❑ Oil & Gas Structures ❑ Other Animals On-Site ❑ Wildlife ❑ Water Bodies o Utilities On-Site (transmission lines) ❑ Ditch o Topography Note any commercial business/commercial vehicles that are operating from the site. (4 t \\ APPLICATION FLOW SHEET IllCOLODe APPLICANT: Verizon Wireless CASE#: USR-1632 REQUEST: Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter)in the A (Agricultural)Zone District LEGAL: Part of the NE4 NE4 of Section 29,T5N, R64W of the 6th P.M.,Weld County, Colorado. LOCATION: Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. PARCEL ID#: 0963 29 000013 ACRES:39+/- Date By Application Received 09-20-2007 jh Application Complete 09-27-2007 dm for HH PC Hearing Date: December 4,2007 Action: Utility Board Date: PC Sign to be Posted By: PC Sign Posted Referrals Listed a i v-0') & File Assembled Referrals Mailed Chaindexed Letter to Applicant Mailed Date Public Notice Published NCA) v4-, ?,fn Surrounding Property/Mineral Owners Notified •i Planning Technician Maps Prepared Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board BCC Hearing: Action: are j BCC Sign to be Posted By: 049,162 b 6z(fu/cU' BCC Sign Posted C� v((ct Plat and/or Resolution Recorded Y? `I° �i_t bktedd15 c. Recorded on Maps and filed Q� py jy/dCk7 5 1& Overlay Districts: Road Impact Fee Area: Yes , No Zoning Ag SW Weld Area #1 ,#2_,#3 Airport Yes No_x Geo Hazard Yes No NuzZL d Nc;�s NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 4.2007,at 1:30 p.m.for the purpose of considering Site Specific Development Plan and Special Review Permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER:USR-1632 APPLICANT:Verizon Wireless PLANNER:Hannah Hippely LEGAL DESCRIPTION:Part of the NE4 NE4 of Section 29,T5N,R64W of the 6th P.M.,Weld County,Colorado. TYPE AND INTENSITY OF PROPOSED USE:Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A (Agricultural) Zone District. LOCATION:Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. SIZE: 39 acres.more or less. The public hearing will be held in the Hearing Room, Weld County Planning Department, 918 10n. Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning,91810'"Street, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 4,2007. Copies of the application are available for public inspection in the Department of Planning Services, 918 10" Street, Greeley, Colorado 80631. Please call Kris Ranslem 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. - r?" isy3 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 continuance 1^ information. Doug Ochsner.Chair .. Weld County Planning Commission To be published in the Fort Lupton Press. To be published one (1) time by November 14,2007. `1� PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING The Weld County Planning FORT LUPTON C ion uel hold a public e hearing mi on f Tuesday, December 4.2007. at 1'.30 p.m. for the STATE OF COLORADO purpose of considering Site � Specific Development Plan and COUNTY i/ OF WELD SS. Special Review Permit for the property described below. Approval of the request may create a vested property right I pursuant to Colorado Law. CASE NUMBER:USR-1632 APPLICANT:Vertzon Wireless I, Karen Lambert, do solemnly swear that I PLANNER:Hannah Hippely LEGAL DESCRIPTION:Part of am the Publisher of the Fort Lupton Press; the W4fNE of Section 2e9,T5N, ld that the same is a weekly newspaper printed County,Colorado. TYPE AND INTENSITY OF and published in the County of Weld, State PROPOSED R POSED,USE: Site and Specific of Colorado, and has a general circulation Review Permit for a Major Facility of a Public Utility therein; that said newspaper has been (telecommunications facility including a 100 fool windmill, published continuously and uninterruptedly panel antennas and an equipment sneer)in toe A(Agricultural) in said county of Weld for a period of more Zone District. LOCATION:Approximately 1 mile ;than fifty-two consecutive weeks prior to the north of CR 52 and west of and adjacent to CR 53. Ifirst publication of the annexed legal notice SIZE.39 acres,more or leas. The public hearing will be held in for advertisement; that said newspaper has the Hearing Room. Weld County Planning Department, 918 10th been admitted to the United States mails as Street, Greeley, Colorado. Comments or objections related to second-class matter under the provisions of the above request should be submitted in writing to the Weld the act of March 3, 1879, or any County Department of Planning, 918 10th Street, Greeley, amendments thereof, and that said Colorado 80631, before the above date or presented at the public newspaper is a weekly newspaper duly hearing an December 4,2007. Copses of the application are qualified for publishing legal notices and availaole for public inspection in the Department of Planning advertisements within the meaning of the Services, 918 10th Street. Greeley, Colorado 80631. Please laws of the State of Colorado. That the callKns Ranslem at (970) 353- 6100, Ext. 3540, or Fax # (970) annexed legal notice or advertisement was 304-6498, prior to the day of the 9 hearing so that reasonable published in the regular and entire issue of accommodations can be made if, in accordance with the Americans every number of said weekly newspaper for with Disabilities Act, you require special accommodations in order the period of 1 consecutive insertion(s); and to participate in this hearing as a result of a disability. All cases that the first publication of said notice was in scheduled before the Planning Commission for hearing are the issue of newspaper, dated 14th day of subject to continuance,due to lack of quorum or otherwise. Contact November, 2007, and the last on the 14th the Department of Planning Services at (970) 353-6100, ext. day of November, 2007. 3540. for hearing continuance information. Doug Ochsner,Chair Weld County Planning Commission To be published in the Fort Lupton Press. To be published one(1)time by November 14,2007. l Publisher. Subscribed and sworn b ��LoPF� 12th day of November, 2007. CtPNpTARY o ^ (1) S. y>, PUBUCQ2 a ?XdL `1 ___L- FoPC p� 5 y�oN Exp`at Notary Public. CASE NO.401951 key 47897 Ill S SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW(USR)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT# /AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number_0 9 6 3 - 2 9 - 0 - 0__0_-_0 1__3_ (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weldeo.us). Legal Description 9525 N NE4 NE4 ,Section_29_,Township_5_North,Range_64_West Flood Plain: N/A_Zone District: A ,Total Acreage: 39 ,Overlay District: N/A Geological Hazard: N/A ,Airport Overlay District: N/A FEE OWNER(S) OF THE PROPERTY: Name: George and Jennyrae Ottenhoff Work Phone#_970-674-9888_Home Phone#_970-351-6%8_Email Address:_george@llolaw.com_ Address: 25957 Weld County Road 53 City/State/Zip Code: Kersey,CO 80644 Name: N/A Work Phone# Home Phone# Email Address: Address: City/State/Zip Code: Name: N/A Work Phone# Home Phone# Email Address: Address: City/State/Zip Code: APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: Kelly Harrison,Verizon Wireless Work Phone#_303-748-0599_Home Phone#_303-748-0599_Email Address:_klharr@msn.com_ Address: 1917 Lowell Blvd City/State/Zip Code Denver,CO 80204 PROPOSED USE: Verizon Wireless proposes to place a stealth telecommunications facility at 25957 Weld County Road 53,Kersey,CO. The installation will consist of a 100-foot windmill and panel antennas. An 11'-8"x 26 equipment shelter will be located on the ground to the east of the windmill. The Town of Kersey droved the nr000sal by sinning the Weld Count Notice of Inquiry 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 properly must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. f q c2+%0 Please see attached Letter of Authorization. Signature: Owner o A thorized Agent Date Signature: Owner or Authorized Agent Date VERIZON WIRELESS LETTER OF AUTHORIZATION I,'Qac'f e f • L/JtLe, 4�4(authorized landlord signatory's name), representativ of the below described property, do hereby appoint Closser Consulting as agent for Verizon Wireless (VAW) LLC d/b/a Verizon Wireless,my agent for the purpose of consummating any zoning or building permit applications necessary to ensure Verizon Wireless'ability to use the property for the purpose of constructing and operating a telecommunications facility. PROPERTY ADDRESS: 25957 WELD COUNTY RD 53, KERSEY, CO 80644 PARCEL/LEGAL:N'/z of the NE % Section 29,T 5 N, R 64 W—PIN 096329000013 St:tenta11 . of Pro Rpreseve: �ame:11E Tide: rCo. ueirt e•Date:/ . 08 7 Sworn to and subscribed before me this I 34-h day of Qi.9 45+ , 2007 �nnk -.eaayu Notary Public My commission expires: 1'053—a K ; (se If � t iii .�•• �.' J • • 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 as to why the question is not applicable. 1.Explain,in detail,the proposed use of the property. Verizon Wireless proposes to place a stealth telecommunications facility at 25957 Weld County Road 53,Kersey, CO. The installation will consist of a 100-foot windmill and panel antennas. An 11-8" x 26 equipment shelter will be located on the ground to the east of the windmill. The Town of Kersey approved the proposal by signing the Weld County Notice of Inquiry. 2.Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22 (Comprehensive Plan). The Weld County Comprehensive Plan sets forth the goal of carefully accommodating future growth and is intended to guide coordinated and harmonious development within the County. The Weld County population has been growing at approximately three times the national average. This large rate of growth indicates a need for well developed infrastructure within the County. The proposed telecommunications facility will be part of a continuous telecommunication network covering and linking Weld County and the Denver and Ft Collins metropolitan areas. Additionally,the proposed location for the telecommunications facility falls within the Town of Kersey Intergovernmental Agreement. The Town of Kersey must also plan for future expansion and growth,and has indicated a desire for improved telecommunications coverage by signing the Notice of Inquiry to allow the proposed facility. The telecommunications facility and improved coverage it will provide accommodates future growth and development in the area while the stealth windmill design respects the current agricultural nature of the surrounding properties. 3.Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 23 (Zoning) and the zone district in which it is located. • Per the Weld County Code,Chapter 23,Zoning:The A(Agricultural) Zone District is intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right. • Sec.23-3-20.Uses allowed by right. U.Commercial towers subject to the provisions of Section 23-4-800. • Sec.23-4-820. General requirements. 3.Antenna Towers are permitted by Special Use Review in the following zone districts:C,I,A and PUD with Commercial or Industrial uses. D.Radial Spacing.Antenna towers over seventy(70) feet high must be located at least one thousand (1,000) feet from other antenna towers over seventy(70) feet high that are capable of supporting Commercial Tower facilities. There are no towers within 1000' of the subject location. The closest Verizon Wireless telecommunications facility is over six miles away from the subject location. Verizon Wireless did propose locating on the Town of Kersey water tank,but a deed restriction allowing ONLY park uses for the property precluded a telecommunications facility from being located on the property. E.In addition to meeting the Special Use Review standards set forth in Article II,Division 5 of this Chapter,the applicant shall submit documentation addressing the following standards: 1.Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower. There are no existing or approved towers in the area to accommodate the proposed Verizon Wireless telecommunications facility. 2.The tower shall not constitute a hazard to aircraft. The proposed VZW telecommunications facility will not constitute a hazard to aircraft 3.The tower shall be placed on the property to contain on site all ice-fall or debris from tower failure. 4.The proposed tower shall provide for shared capacity,if technically practicable. Verizon Wireless shall comply with this requirement and provide for shared capacity. 5.The tower shall have the least practicable adverse visual impact on the environment. Verizon Wireless has complied with this requirement by proposing a stealth windmill facility. This facility design has also been authorized by the Town of Kersey. 6.The proposed tower shall not emit radiation that will adversely affect human health. VZW shall operate within current applicable Federal guidelines pertaining to telecommunications facilities. 7.The proposed tower shall be the minimum height needed to accommodate the antenna. The • proposed telecommunications facility is at the minimum height needed to accommodate the antenna. 8.The proposed tower shall comply with all applicable federal and state regulations. Verizon Wireless shall comply with all applicable federal and state regulations. 9.The design of the proposed tower shall insure structural integrity. 10.The proposed tower shall have adequate measures to discourage unauthorized climbing and to insure the security thereof. The proposed facility shall be enclosed by a six-foot cedar fence to insure the security of the site. 11.All reasonably possible sites for the tower have been considered,and the proposed site is the most appropriate,available site from a land use perspective. 12.The proposed tower shall not adversely impact wildlife. A.Antenna Tower and Equipment Setbacks. 3b.From property lines of properties in the E,R,PUD,A.one hundred percent(100%) of tower height but not less than minimum building setbacks in the underlying zoning district. E.No BUILDING or STRUCTURE... shall be constructed within a two-hundred-foot radius of any tank battery,within a one-hundred-fiftyfoot radius of any wellhead or within a twenty-five-foot radius of any plugged or abandoned oil and gas well. Verizon Wireless has complied with the requirements and located the facility 100'from the north(and closest) property line and 100' from the on-site tank battery. 4.What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The area surrounding the site is zoned Agricultural and the uses reflect this zoning. The site is also contained within the Town of Kersey IGA,and the Town of Kersey approved this proposal by signing the Weld County Notice of Inquiry. 5.Describe,in detail,the following: a.How many people will use this site? The site will be unmanned;however Verizon Wireless technicians will access the site approximately one time per month for general maintenance. Each visit should take approximately one hour or less. b.How many employees are proposed to be employed at this site? There will be no on-site employees. c.What are the hours of operation? The site will be unmanned but operational 24 hours/7 days per week. d.What type and how many structures will be erected(built) on this site? Two structures will be built at the site -the stealth windmill and equipment shelter. e.What type and how many animals,if any,will be on this site? There will be no animals at the site. f.What kind(type,size,weight) of vehicles will access this site and how often? After construction Verizon Wireless technicians will access the site approximately one time per month for general maintenance. They will access the site in a standard SUV or pick-up truck. g.Who will provide fire protection to the site? Platte Valley Fire Protection District h.What is the water source on the property? (Both domestic and irrigation). N/A-Water will not be utilized for this development. I.What is the sewage disposal system on the property? (Existing and proposed). N/A- Sewage disposal will not be necessary for this development. j.If storage or warehousing is proposed,what type of items will be stored? N/A- No storage or warehousing is proposed. 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. No landscaping is proposed at this time. The Town of Kersey has asked that landscaping be installed only when Town of Kersey water lines are within 100'of the telecommunications facility. 7.Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Verizon Wireless shall,within ninety days after termination of the lease, remove its building,antenna structure,equipment and all personal property and restore the Premises to its original condition,reasonable wear and tear excepted. 8.Explain how the storm water drainage will be handled on the site. N/A- storm water drainage will not be an issue as Verizon Wireless is not creating a large impervious surface for water to drain from. 9.Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction will take approximately 30 days and will most likely commence summer of 2008. a 10.Explain where storage and/or stockpile of wastes will occur on this site. Then will be no storage and/or stockpile of Verizon Wireless wastes on this site. $ I Sec. 234-870.Application. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter,applications for administrative or Special Use Review approval of proposed Commercial Tower facilities,and additions or modifications to existing facilities,must include the following: 1. A Site Plan showing the location and legal description of the site;on-site land uses and zoning; adjacent roadways;parking and access;areas of vegetation and landscaping to be added,retained, replaced or removed;setbacks from property lines;and the location of the facility,including all related improvements,buildings and equipment. Included in Special Use Review packages. 2. A vicinity map showing adjacent properties,general land uses,zoning and roadways c. Within a distance of one (1) mile of a proposed antenna tower site. Included 3. Elevation drawings of the proposed facility showing all antennas,towers,structures,equipment buildings and cabinets, fencing,screening,landscaping,lighting and other improvements related to the facility,showing specific materials,placement and colors. Included in Special Use Review packages. 4. Photo-realistic renderings (photosyms) of the site after construction,demonstrating the true impact of the facility on the surrounding visual environment.The Department of Planning Services may request photo-realistic renderings of the site from specific vantage points.This requirement does not apply to facilities permitted under the administrative review process unless the Department of Planning Services requests such information. Included "`=D A report describing the facility and the technical,economic (if deemed necessary by the epartment of Planning Services) and other reasons for its design and location;the need for the facility and its role in the network;and the capacity of the structure,including the number and type of antennas it can accommodate. Please see attached coverage maps depicting existing coverage within Kersey and the surrounding area and coverage after the site has been installed. It is apparent that a gap in coverage exists at the present time and can be"filled" by coverage provided by the proposed telecommunications facility. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an airport or a flight path. N/A—facility is not located near an airport or flight path. 7. An agreement detailing responsibility for landscaping,screening,site maintenance and the replacement of dead plant material. N/A—per agreement with the Town of Kersey no landscaping is to be installed until Town of Kersey water lines are within 100'of the facility. 8. A schedule for the installation of landscaping and screening,if applicable. N/A 9 4letter of intent to allow co-location on the antenna tower. Please see site plan package elevations—a second carrier's antennas are depicted on the facility. The proposed facility has been designed to accommodate collocation of additional carriers thus reducing the total number of freestanding facilities required in the vicinity. 10 letter of intent or lease agreement statement which addresses removal of the facility at the expense of the facility and/or property owner if it is deemed abandoned. Lease Agreement I • statement Verizon Wireless shall, upon expiration of the Term,or within ninety(90)days after any earlier termination of the Agreement, remove its building(s),antenna structure(s) (including footings), equipment,conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. 11. A map indicating the service area/radius of the proposed Commercial Tower in addition to the service area/radius of other existing Commercial Towers within ten (10) miles of the proposed Commercial Tower location. Included. 5.A report describing the facility and the technical,economic (if deemed necessary by the Department of Planning Services) and other reasons for its design and location;the need for the facility and its role in the network;and the capacity of the structure,including the number and type of antennas it can accommodate. The proposed telecommunications facility is needed to fill a coverage gap in the Verizon Wireless' network east of Greeley on Highway 34 and also within the Town of Kersey. This coverage gap includes the town of Kersey and has been the source of numerous customer complaints about lack of service and dropped calls,both in Kersey and along Highway 34. The terrain in the area slopes down as one heads north towards the South Platte River, consequently the areas south of Kersey are higher in elevation and will provide the best possible coverage to the Town of Kersey and along Highway 34. From a Verizon Wireless and future collocator standpoint,it is best if the telecommunications facility be located as close to the south end of the Town of Kersey as possible. With this location,excellent coverage can be provided to the Town of Kersey and also along Highway 34. The proposed facility will also connect our existing sites which are located approximately six miles to the West in Greeley and approximately eight miles to the East of the Town of Kersey. By connecting these sites with the proposed telecommunications facility, seamless coverage can be provided to those driving along Highway 34 and to the quickly growing Town of Kersey. Due to the location of the surrounding telecommunications facilities,the closest being approximately six miles from the proposed Kersey location,no structures exist in the area that could accommodate Verizon Wireless antennas. Furthermore,none of the surrounding sites,all of which are too far away to provide coverage to the subject area,could be modified or otherwise altered to provide coverage to the subject area. Lastly,the proposed telecommunications facility has been designed to handle 24 panel antennas. Depending on the number of antennas required by future collocators this will allow one to two tamers,in addition to Verizon Wireless,to collocate on the telecommunications facility. FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION:'Business Name: I fiX to v- \ \.-e.\esS Phone: YOD-2JcN - (4)-0 Address: ( 80 \hlGS1n�n4p, \1n. AU City, ST, Zip: t'.)r(km inS'eri NV5 Q1-9a-I Business Owner: Phone: Home Address: City, ST, Zip: List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE 1'Jz>4 w rdl_- (t isv.s CgnAe v ?CU- 16 into)-O Business Hours: 1`1 cv-o--Q Days: 1 s pew weAk Type of Alarm: None Burglar Holdup Fire Silent Audible 1 Name and address of Alarm Company: fJI A Location of Safe: 01 R ******************************************_******************_******.**************************************************************** MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: Location(s): ono_ dee ' wec2Ss Jr, — �7x2c' Pet„ �gmen� S lkx . Is alcohol stored in building? Location(s): Are drugs stored in building? 1\•\o Location(s): Are weapons stored in building? 1\10 Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: ILIA Gas Shut Off: 01 A Exterior Water Shutoff: 1\11A Interior Water Shutoff: N R -12- REFERRAL LIST Name: Verizon Wireless Case#: USR-1632 County Towns & Cities Fire Districts Attorney _Ault _Ault F-1 0 Health Department _Berthoud _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring Dacono _Brighton F-3 0 Sheriffs Office _Eaton _Eaton F-4 0 Public Works _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 Airport Authority _Firestone _Hudson F-7 0 Building Inspection _Fort Lupton _Johnstown F-8 0 Code Compliance_0_.-Ann_-Beth _Frederick _LaSalle F-9 0 Kim Ogle (Landscape Plans) _Garden City _Mountain View F-10 _Lin (Addressing Change of Zone) _Gilcrest _Milliken F-11 Ambulance Services _Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson Platteville F-13 Div. of Water Resources _Johnstown 0 Platte Valley F-14 _Geological Survey Keenesburg _Poudre Valley F-15 _Department of Health 0 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 0 North Hwy 66 (Greeley) _Nunn Commissioner Division of Minerals/Geology _Pierce o Ochsner _Platteville Soil Conservation Districts _Severance Big Thompson/ FTC _Thornton _Boulder Valley/Longmont _Windsor _Brighton/SE Weld Centennial Counties 0 Greeley/West Greeley _Adams _Platte Valley _Boulder West Adams _Broomfield _Little Thompson _Larimer 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) _Federal Communications Comm a "County Referral W(„iitIIDCRECEIVED NOV 0 8 2007 September 27, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Verizon Wireless Case Number USR-1632 Please Reply By October 25, 2007 Planner Hannah Hippely Project Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A(Agricultural)Zone District. Legal Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Parcel Number 0963 29 000013 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) December 4,2007 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. ❑ Please notify me of any public hearings regarding this request. Comments: -.. y . Signature l . ,\&/� !` � p Date I III 07 Agency f (�JI I J_ x LLL +Weld County Planning Dept. +918 10th Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 +t970)304-6498 fax - .,r..'. . ... . GREELEY OFFICE • • NOV. 1 3 2007 fe,14):Eis..N; RECEIVED Weld County Referral 111kSeptember 27, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Verizon Wireless Case Number USR-1632 Please Reply By October 25, 2007 Planner Hannah Hippely Project Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A (Agricultural) Zone District. Legal Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Parcel Number 0963 29 000013 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) December 4,2007 ❑ 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. ❑ Please notify me of any public hearings regarding this request. Comments: Signature �/ � �`��,� Date // 7 %' Agency sy�et'/-%=S O 'c +Weld County Planning Dept. ❖918 10th Street, Greeley,CO. 80631 ❖(970)353-6100 ext.3540 4(970)304-6498 fax • • Weld County Sheriffs Office M e mo To: Hannah Hippely From: Ken Poncelow Date: November 9,2007 Re: USR-1632 The Sheriff's Office approves this plan. Please notify the developer/owner that the Sheriff's Office would be willing to assist in the development of a security plan for the site free of charge. If this is of interest, please have them contact me. 1 ("17} Weld County Referral September 27, 2007 Weld County Planning Department D O (;lr.FLfn ing nT- COLORADO gR� °�' p- yz�oo� The Weld County Department of Planning Services has received the folli it 12�f6r : Applicant Verizon Wireless Case Number USR-1632 Please Reply By October 25, 2007 Planner Hannah Hippely Project Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A (Agricultural)Zone District. Legal Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Parcel Number 0963 29 000013 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) December 4,2007 ❑ 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. ❑ Please notify me of any public hearings regarding this request. Comments: lLi i pia) i4jantrAfit /u V[ Ai) VY1 ()691"1 ( 1-EA and (ccc,l-Pi_LeLc rov-ir)lahir (&Jeff nO 1 Signature 1J7 t D Date _d.-)-1 Agency 48 0 4411_14-1111_, ❖Weld County Planning Dept. :•918 10'"Street, Greeley,CO.80631 •(970)353-6100 ext.3540 ❖(970)304-6498 fax • id County Planning Department GREELEY OFFICE MEMORAND 2 2007 a7 EIVED TO: HANNAH HIPPELY, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH C'// IlDSIJBJECT:USR-1632 VERIZON WIRELESS DATE: 10/19/2007 COLORADO CC: Environmental Health Services has reviewed this proposal for a telecommunications facility including a 100 ft windmill, panel antennas and an equipment shelter. 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 conditions that must be met prior to operation: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. 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 Commercial 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. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 9. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 2 (6itfl (swfl.coun: Referral CE ID Septemb �-�nn�__, OCT 2'6 200 II RECEIVED• I OCr 2 ?007 '-- COLORADO i - - i The Weld County Department of Planning Services has received the following item far review' ;I Y n r 'rn^ ; f,-p Applicant Verizon Wireless Case Number USR-1632 Please Reply By October 25, 2007 Planner Hannah Hippely Project Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A(Agricultural) Zone District. Legal Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Parcel Number 0963 29 000013 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) December 4,2007 ❑ 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. ❑ Please notify me of any public hearings regarding this request. Comments: Signature v,...40412-7... �/� 41 .. Date 0-22—nn Agency 4/)(G. Wfri +Weld County Planning Dept. ❖918 10'Street,Greeley, CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax r MEMORANDUM TO: Hannah Hippely, Planning Services DATE: October 23, 2007 FROM: David Snyder, Engineer SUBJECT: USR-1632, Verizon Wireless COLORADO 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 AND REQUIREMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 53 is a collector road and requires an 80-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 (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall reserve or dedicate an additional 20-foot right-of-way parallel to the WCR53 right-of-way for future build-out. Access: Utilize the existing access to this parcel. No new accesses are requested. The applicant shall indicate specifically on the plat the type of right-of-way/easement that exists. 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-off 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 best management practices. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. This area IS NOT in FEMA Flood Zones. pc: USR-1632 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1632.DOC r • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: RE# : W _� "� & Other Case#: 1. Applicant Na le g 4 v'sw\.• fek:to ►rt�tts Phone. �°S- 4 Z" 0511 Address vima //// l City Dplvcr State Co Zip 452451 2. Address or Location of Access S15 W Q,auvh `td 53 I4cvcc q C ;DWI!' Section 29 Township 'S Range (o Subdivision Blbck Lot Weld County Road#: 55 Side of Road WtS'( Distance from nearest intersection 2461 4. Cpvvt}tt 124 3. Is there an existing access(es)to the property? Yes V No #of Accesses I 4. Proposed Use: ❑ Permanent U Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial % Other 1e_k{e.owar•Y1 et tn0 ..........................*...*._...,...,.....*..........x..........,...,........_......,.....rte`*1., ..,...,, 5. Site Sketch �J'� �tl� y •� Legend for Access Description: Or ,,v1_.1�..✓'•'tY 1. AG = Agricultural0' U@er RES = Residential O&G = Oil& Gas D.R. = Ditch Road • = House • = Shed • = Proposed Access A = Existing Access NI vies; OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -9- Weld County Referral IWeld 69iR(MERDepa9?ment Ci OCT 0 2007 COLORADO u 4.A VED The Weld County Department of Planning Services has received the following item for review: Applicant Verizon Wireless Case Number USR-1632 Please Reply By October 25, 2007 Planner Hannah Hippely Project Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A(Agricultural)Zone District. Legal Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Parcel Number 0963 29 000013 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) December 4,2007 ❑ 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. LI Please notify me of any public hearings regarding this request. Comments: Signature Date ///D7 Agency c O van ❖Weld County Planning Dept. ••918 10'"Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax • DEPARTM•OF PLANNINSERVICES ricta BUILDING INSPECTION NORTH OFFICE 918 10th GREELEY, COLORADO 80631 PHONE (970) 35 353-6100, EXT.3540 FAX(970) 304-6498 I`P� SOUTH WEST OFFICE 4209 24.5 LONGMONT CO 80504 • PHONE (720)652-4210 ext. 8730 COLORADO FAX(720)-65-4210 October 11, 2007 Verizon Wireless Site Specific Development Plan and Special Review Permit for a 100 foot cellular tower, with a windmill, equipment and generator building in the A (Agricultural) Zone District. USR-1632 1. A building permit shall be obtained prior to the construction of structures such as the tower or related equipment storage buildings. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. 2. A plan review is required for each building for which a building permit is required. 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: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2005 National Electrical Code. 4. Each structure will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 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. 7. A letter of approval from the Platte Valley Fire District. shall be provide prior to permits issue. Sincerely, Frank Piacentino Plans Examiner l0•••• Weld County Referral ' September 27, 2007 Weld County Planning Department C. f F OCT ) 2007 COLORADO REC'tr v The Weld County Department of Planning Services has received the following item for review: Applicant Verizon Wireless Case Number USR-1632 Please Reply By October 25, 2007 Planner Hannah Hippely Project Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility(telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A (Agricultural)Zone District. Legal Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Parcel Number 0963 29 000013 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) December 4,2007 ❑ 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. ❑ Please notify me of any public hearings regarding this request. Comments: , j5¢5f rot- ti1U " tiDmkUuCa ICtt5 t_Mkt-vicv.At e K 5t -9 -foA) + I,5 tc(A-Z-19 M2(2 i mA-TC22 OU.t& Mite -rc S, ?t&1.3-T lc GGf ptM7- 1f h r3r ?O t{2t,6 P5 C-v ft%-urn Aef't-t CJ>,NT, FA lu°RI y p3A C,v- t 1 14 f Signature Date i(ji. n0j7 Agency F ✓,Akig\tJ�j A5 9Tirmsvr6v u-I `fl3 Gcuwrls ttry +Weld County Planning Dept. ❖918 10'"Street,Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • a Weld County Referral ' W d County Planning Department September 27, 2007 GREELEY OFFICE C. OCT 1 6 2007 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Verizon Wireless Case Number USR-1632 Please Reply By October 25, 2007 Planner Hannah Hippely Project Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100 foot windmill, panel antennas and an equipment shelter) in the A (Agricultural)Zone District. Legal Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. Parcel Number 0963 29 000013 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) December 4,2007 ❑ 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. Eil/See attached letter. LI Please notify me of any public hearings regarding this request. 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Ili aQ li! r 0 i pE Ai jai �g !A i a i @A p I Ir. R II P 16 III; iihhIII ii! li i11lclilliH I,PPiihIEdI7 _00 0 00 0 00 000 00000000 ©0 000 �IIA OA0RA J I 0 ,___1 r �i �a► rR �►r�rr= O =I 0 A 7 . . . . _. 1 O i Iv €II I I 0 a 4414 ; I.= it: r= ti $c 6 3 •1- as !I RSA �._ Y. O : I. . L —� t - ., - ' • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: RE# : -� Other Case#: 1. Applicant Na l ////g q nYl 5 ' i&tttw WIYt\tts Phone �3- V- 0519 Address lalla- l '1 City Dowel' State Ca Zip 4P20 2. Address or Location of Access W'IS* W ectn. 1 gaL 53 ktv5CH Co gOIA Section au Township 'S Range b Subdivision Black Lot Weld County Road#: Sg Side of Road \g at-( Distance from nearest intersection 246' ;o Co thi R 3. Is there an existing access(es)to the property? Yes No #of Accesses I 4. Proposed Use: ❑ Permanent U Residential/Agricultural LI Industrial �{ ❑ Temporary ❑ Subdivision ❑ Commercial M Other ItkeAn'ay.sak -5 *.>_.........******.*.......>__...******...................................................................«.i 1****...... 5. Site Sketch "UU" Legend for Access Description: 416‘)Y1 00"' � -y✓ ✓�Sf AG = Agricultural 4 ' RES = Residential O&G = Oil&Gas D.R. = Ditch Road O = House O = Shed A = Proposed Access = Existing Access NI sys ....................................... OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -9- • � CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Ottenhoff The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: The North Half of the Northeast Quarter of section 29, Township 5 North, Range 64 West of the 6`h P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): N Book 1116 , Page 321 N. Reception No. 1627627 , Book 706 N Reception No. 1820366 , Book 898 Reception No. 1909910 , Book 982 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 24`h day of August, 2007 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY BY: .J �1 UIIi4c, L Kerri Allison Title Examiner Iu 111 iii if 1 ? •,:�• 1 I,.97 II I II h1y� III I '-i y Ii L l4 A Placarded at (.. .... nlloek M ._ I 3a,LIII) `!"F39 b4'=:YIP12tnee4r. Wide Frei], Male this lath Lay o' i'il;I in the year ofoe Lord one illewend nine bend lend Mown. • ' of the fmnntY of pod:dflat.of • Celande.of the first parr,ud of the Cmtynf tro'd and suite of Calmat.of the amend part: -,,1.i_ 1 WnhI srRR.that the raid part o!Ne fat pat.for and.Inc'm•IArnlloe of me 0 sumer . '' W DOLLAto 1M old part• ' of the flla<part in Feat pail by tat Laid pular of the mead part,tM receipt whereof le herby eoNessed end acknowledged.ha granted.aureate!,sold and allayed,and by these pmente do pant.hegaln.veil,convey and confirm unto the reid pvtieo or Ins awunl part,rut In tenancy In comment but In joint tmaeq,the vurvleor of them,their',tiro end the I,tei.,rd sae ane of arch norvlror forerer.all the follow. Icy deeedbad lot or panel oflen.l,'Prater lying r'd heir g In If, County of ll and Stale of Colored[,tn-wit LI II I-;1 • ,, m.`, pI i TOGETHER wlth dl and singular the hereditament. and appurtenance.thrreanto belonging,or in laral•e III appertaining,and the rvmion and reveracme,remainder and r matneern,ante,lease and profit, thereof:nod II GI Oa estate,Tight,tide,Interest.claim and dvmnd whatsoever of the all parr of the Rat part,Whey In Da or equity,of.in and to the above bargained panda.,with the herelitem-et,sod appurteneneem. TO HAVE AND TO ROTA the sold premise!above bergalned and deecabed with the appu-tpnarcea,unto the ,aid peril»of the lecoM part.the w:nivor of them,their[seine•,end the helm and eerier,of Ruch aura., fan AM the nil gnat '- of the p fiat agree pert.for t,the helm exerutme,and edminl•lnlnn, et,,er reverent,pant,M[Rnln and sire[to and with t veld parties of the second part,the,univmr of them, their aligns and the rte.and salvo of lush turotor,that at the time of the en eallnr and'I•Ilvery of theme Manta.` well ae led of'Lr p:emite.alma.rnnveyed.an of torn,ane,perfect,aheolnie and lode. feaalbte elate of Inheritwre,In line,in fee pimple.end ha good right.full power and lawful authority to not. bargain.veil and array 1M ran,•In manner and term'foetabl,en I that the,nme rte Da end ricer from all rn and odour rm ie,Mrnie' sale.,Ilan, I•ns,a ate and Inrumbnnres of whab•ver hind or net„re ....or,. r' sM the above bargained promker lo the mutt sod peaceable posse•elon of the said partial of the second put,the survivor of them,their nudger and Um heirs and soigne of aueh rvnlver,bran•t all and every pea,or errant lawfully claiming a to claim me article or any.art thereof.the au,; part or the fire pert atoll and will WARRANT AND FOREVER DEPEND. IN WITNESS WHEREOF the• id part' - of the Pot part lo hereunto at hand and awl the Amyend Yee flntaMreitgve et en. W�er4a""I1 5214/44.174—. ,/ y Signed...a d D.Rveral 1, to 1/r / 'n e /,F ,, ,k.d // c rsw� ate( G(/.L!/'!�ae>'.! ,L,J//RI�,/�//dX.f/J__._.leF.d of efftlMe o . l ._ STATE OF UOIARAINI, aa. County of nlot'ncau arhmcwlydurd beror me Oda i 9 The rar/e(r •',carmen.w., tows(.by. f lay of V Cct W'ITNESR my?And and c Rlrmi seal. My o.mluic,c,',pt.,. �. it ern / •. e'"1/. It K h—E- t • FIF H^{ FE Rey t' k415_______ 9 n. .R.. ieeto-.men xaN..w.(miss neuwe.ieni m.b.Dator Nu. err pRRn�T. lboo lor f^p .nnnal atria •tan velvet o..ranelvel":o...11,•Vr•'renlata..� a...n.maii:n:l limn.Iel,..l..,n. _. nrm,"al•tlen"r tee.ien M. J a i JANE 197 B'r)G0I . ti( t.L..1Y. H. D. CROSS and CAROL O, CROSS whonedta Is .,i.. Canty of Weld ,State of ., 0 Colorado , for the sanato radon of other valuable considerations and Ten and no/100 doses,In had paid,hereby mil(el and coure7{s) ¢' • CS`_t:aLES E. FELKER and SHARRON D. 1 %LKER, '. .5 as Joint tenants and not as tenants in common Countyw _ whose add" is Kersey of Weld ,and state of Colorado the following real property in the Je ,and state of Colorado,to wit:`b• County of Weld The East Half of the North Half of the Northeast Township Quarter rr (E}N}NE}) of Section Twenty-nine (29), Five (5) North, Range Sixty-four (64) West of the Sixth P.M., Weld County, Colorado, a with an Its appurtenances,and warrant(s) the title to the same,subject to Signed this day of r 19 r •IC. D�. Cross(��p�"{"�" ..Carqol r O.doss T STATE OF COLORADO, 1 . .. Cants of Weld jt� The foregoing r'e iastrmtst was aeknowledgd before me this 3/s)` ..•. 2 day of dimpeier. a191f .b7 H. D. Cross and Carol O. Cross. ;;',1°?d93fL ` Mreomm(rapw waen elr saiw ion same Mt re.ton ':o. btt t19Act 1% Witnermy band and of1W_thsaid. tg.t A2jtli0N: ? .1, ��ayaYttNY}r ''.:saisyaaa�a w a lann agar�r st�n 11 l ar�� r flea suer*sassed eaaa.-Iln 1ua+a eaa trs-a,aataa rasl+`s ON waw ISM ssa.l Dos.Womb-+w i. T ; MAR 2 4 1980 BOOK O2 ,&0 S98 E"� �� C H 1 nin'r JCt yV �e T i 898 :'EC{ 'T I.. I i,.. v F...VTJI)t) _ RE , 'DE{.. Weld County, Colorado I 7''iiIS r [D, MADE March 24 , :^8D , of TWEEN Anne D. Nye As THE PUBLIC n1 nl fTr INT. ET � LO,F COLOR:.00, A'D Bank of Boulder, 3033 Iris Avenue, I[::;d 1 C TRuTTEO PI lot Av ERfv.l, VI TNESSETLI: ;7-4 Boulder, Colo. 90301 V.Su, i �� WHEREAS, Charles E. Felker and Sharron D. Felker DID, DY DEED OF TRUST 1978, AND RECORDED ,N 111E ^FFICF OF THE CLERK AND CECE RDER OF THE '`' Y DATED August 9 9 8 , In DOCK 842 , PECEPTIn'I Nn. 1764095 a CONVEY 01 WELD,PUBLIC COLORADO, EE August 21 7 CONVEY TO THE PU^cLIC TRUSTEE IN TRUST THE PROPERTY HEREINAFTER DESCI'IDEp TO SECURE THE PAYMENT OF THEE-41.11 INDEBTEDNESS PROVIDED IN SAID DEED DE IRUST; AND 0 WHEREAS, VIOLATION HAVING BEEN MADE IN CERTAIN or THE TERMS AND COVENANTS OF SAID DEED OF TRUST µ, AS SHOWN BY THE NOTICE OF ELECTION AND DEMAND FOR SALE FILED WITH THE PUBLIC TRUSTEE, A COPY THEREOF .I BEING RECORDED IN THE OFFICE OF SAID COUNTY CLERK AND RECORDER, THE SAID PROPERTY WAS ADVERTISED FOR SALE AT PUBLIC AUCTION AT THE PLACE AND IN THE MANNER PROVIDED 3Y LAW AND DY %AID DEED Cr TRUST AND _i A COPY 0; THE NOTICE OF SALE 'WAS IN APT TIME MAILED TO THE PERSONS REQUIRED BY STATUTE, AND SAID IltPROPERTY WAS IN PURSUANCE OF SAIL NOTICE SOLD TO Bank of Boullirr COP THE SV41 HEREINAFTER SET FORTH.- in Book 879, tr- AND A CEaT'FICATE OF PURCHASE THEREOF WAS MADE ANU RECORDED AllgUst Z1, ig79, �h Reception No. 1800740 '..4 _ Y :a y, AND SAID PROPERTY NOT HAVING BEEN REDEEMED FROM SAID SALE; f. l-�T) NOW, THEREFORE, THE PUBLIC TRUSTEE PURSUANT TO THE POWER AND AUTHORITY VESTED IN Her BY LAW "E; y AND BY THE SAID DEED OF TRUST AS SUCH PUBLIC TRUSTEE AND IH GONSIDERAT ION OF THE SUM OF $111,926.14 TO THE PUBLIC TRUSTEE PAID BY THE SAID PURCHASERa6), THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, CON- a y VEYS TO THE SAID PURCHASER(9EJ, its HEIRS, SUCCESSORS AND ASSIGNS FOREVER to Bank of Boulder ALL THE RIGHT, Fk TITLE AND INTEREST WHICH THE PIRL IC TRUSTEE ACQUIRED PURSUANT TO SAID DEED OF TRUST IN AND TO THE F' `. FOLLOWING DESCRIBED PROPERTY SITUATE IN THE COUNTY OF WELD, COLORADO, TO WIT: J• FOR LEGAL: See attached Exhibit "C" v• • To HAVE AND TO HOLD THE SAME UNTO THE SAID PURCHASEP(S) its HEIRS, SUCCESSORS AND ASSIGNS FOR- EVER. �p EXECUTED THE DAY AND YEAR FIRST ABOVE MENTIONED. March 24, 1980 AS PUBLIC E OF THE COUNTY ELD, COLORADO. DY DEPUTY PUBLIC TRUSTEE STATE OF COLORAW, ) ss. COUNTY OF WELD. ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 24th PUBLIC D,AYTOF5TEE 0 OF March THE COVNTV OF WELD, 1980, BY Anne D. Nye AS THE O WHEREAS, Charles G. ;Dd Sharron D. For= BA DEED nF THEFT DATED August 9 rB , AND RFCOR_FO IN IRE oEF iC- oF I' ELL,' D ?rc FDEF of ENE. g t. 1:0 K 842 FECEP11o• No. 1764u095 CTs D cnt1CTY e. WELD, CaLOFACO, CI Au�Tst 21 `7H CnNVEY TO THE PUCLIC IR'JSTEE II II'L"T THE PROPERTY H-IEIHAFTER DE.6 !BED TO SECIFE THE PAYMENT CF THE INDEBTEDNESS PROVIDED IN SAID DEED of TRUST; AND 551{F{.w r 'I _ WHEREAS, VIOLATION HAVINJ eELN M..DF IN CERTAIN OF TILE TERMD AND COVENA.•JTS OF SAID DEED OF IRRST [[ f q1 �, AS SHOWN BY THE NOTICE OF ELECTION AND DEMAND FOR SALE FILED WITH THE PUBLIC TRUSTEE, .. COPY THEREOF {Y1-4.,,i,' BEING RECORDED IN THE OFFICE OF SA10 CO LINTY CLENc. AND FECORDEF', THE SAID PROPERTY WAS ADVERTISED FOR tdE , C' SALE AT PURLIC AUCTION AT THC PLACE ARO IN THE MANNER PRCVIDLU 'IN LAW AND BY SAID DEED OF TR^S AND Ire, P_ 1-:' '^ COPY OF THE NOTICE SALE Was IN A� TIME MAILED TO "HL FER SONS RE�UIRED BY STATUTE, ANO SA10 V` . e} ' PROPERTY WAS IN PURSIA C[. Oc SAID NOTICE SOLO TO Bank of B071(iCT'FOP THE SUM HEREINAFTER SET FORTH f.4ie* ' > 1 i, c. 97 in Book 879, r'v ' AND A CERTr FICATE OF PURCHASE THEREOF WAS MADE ANU F'ECCPOEO August 21, 1979T 04,7 I ti Reception No. 1800740 , �T AND SAID PROPERTY NOT HAVING PFSN PEDEENED FROw ,AID S/.lE; � $ BY LAW :S_. f NOW', THEREFORE, THE PUBLIC TRUSTEE PURSUANT TO THE PGWEF AND AL•THORI TY VESTCU IN Het , Y AND BY THE SAID DEED OF TRUST AS SUCH PUBLIC TRUSTEE AND IN CONSIDERATION OF THE SUM OF $111,926.14 ""w,^ �Cd} THE RECEIRI WHER°OF IS HEREBY ACKNOWLEDGED, CON- ^ y: TO T PUBLIC TRUSTEE PAID BY THE SAID HEIRS. SUCC), Fd'}+',`,'., VEYS TO THE SAID PORCHASER(99, its HEIRS, SUCCESSORS AND ASSIGNS FOREVER to Bank of L RICH ALL THE FIGHT, l a T TITLE AND INTEREST WHICH THE PuHL IC TRUSTEE ACQUIRED PURSUANT TO SAID DEED OF IH')ST IN AND TO THE C FOLLOWING DESCRIBED PROPERTY SITUATE IM THE COUNTY OF WELD, COLORADO, TO WIT: J1 1. l FOR 'FOAL: See attached Exhibit "C" 14 To HAVE AND TO HOLD THE SAME UNTO THE SAID PURCHASEP(A) its HEIRS, SUCCESSORS AND ASSIGNS FOR- EVER. p EXECUTED THE DAY AND YEAR FIRST ABOVE MENTIONED. March 24, 1980 MMPC / AS PUBLIC EOF THE COUNTY OF WELD, COLORADO. GY DEPUTY PUBLIC TRUSTEE STATE OF COLORADO, ) ss. '�i COUNTY OF WELD. ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 2 Pt DAY TOFSTEE March THE COVNTV OF VELD, 19 80, BY Anne D. Nye AS THE hL IA COLORADO. ISS:Q•'C• January 25, 1984 ,�lly;sII'I594viarPIKEO y C=JCC=C W�.`f�Ty.♦1P(„T1�111Y=N0 OFFICIAL SEAL. Pd8',..\C" I8,`\y . 9 NOTARY PUBLIC _. _ C OF CZIT . -- No. 30 REv. '66 P(ICLIC TRUSTEE'S DEED. #238 • - 1. 4 898 0Q a EXHIBIT .,C,. - ---- n.y tr g-.-:. PARCEL fl _ 4 `ti The Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of € rt 14n' Section Twenty-nine (29) , Township Five (5) North, Range Sixty-four mot, ''' (64) West of the Sixth (6th) P. M. , County of Weld, State of Colorado, k. (ll . together with a sixty foot (60' ) road right of way located in the fEil -.?1u Northeast Quarter (NE 1/4) of Section 29, Township 5 North, Range 64 West of the 6th P. M. , County of Weld, State of Colorado, the Al centerline of said road right of way being more particularly described as follows: F F 'e Commencing at the Northeast Corner (NE Cor) of said Section 29 and *2,P considering the North line of the NE 1/4 of said Section 29 to bear k "`_it North 89°17'29" East and with all other bearings contained herein vi being relative thereto; 'J thence South 00°00'37" West, along the East line of said NE 1/4 , C 280.16 feet to the True Point of Beginning of said 60 foot roadway t right of way; thence South 83°25' 49" West, 342. 37 feet; thence '� South 89°56'46" West, 1,647.62 feet; thence South 37°17'05" West, 712.78 feet to the Point of Termination of said 60 foot road right of way. Al - '4 PARCEL 42 -. The Northeast Quarter of the Northeast Quarter (NE 1/4 NE 1/4) of ' Section Twenty-nine (29) , Township Five (5) North, Range Sixty-four. . (64) West of the Sixth (6th) P. M. , County of Weld, State of Colorado. c"- .? I h), T. • :-.4. • ..m,..? _ —_ e .. . JYN( J P . 1r D•A." .Y'J i-tm .t!_ AR 19 X9910 `Wa.trarLty6Deed_%, - - THIS DCED t ., -.. - ap c Terms of This Deed Are v • � �• ' Grantor I, ,.. .. NIIV G 10`., _ 'O? fi OT H HC and T - . .. ' 25u5? Weld roi.nt Road 51 " Kersey, Color'do P9044 Form o.Cp-Ownersn p ,.. ". b:0 a'1 Y/•• — The roe-'b Half (e4) of the .,-t ,cast Quarter (NE S) of section 79, To.nshl•. 5 North, Rang," 54 Wnht of nee GtJ in :rnld County, -- Colorado Property Address: 2$157 Weld County Road 53, Kersey, Colorado , D.F. Hundred Twelve Heol a a - 11.25 One clue Thousand Five Hundred and no/100 Dollar, Reservations-Rest riclions n• .I,..,.,. :,r ow .:. ,,r,�;;nn ' • - � Additional Warranty Evcepnons' '- ' - November 19, 82 r5gnary,�ava• n.Ca bn.Pa,rnoa or Fnoca on 59naW.eC ause b.rnEr Evar al. . +- - BANK OF 6IJLDF5R- ! / . y,_ c1_ Vicr6 .;;:7T. STATE OF COLORADO I fOJnrY Of. 20e(i I s /fel (i , Znl. Ci. , f t'f. y #7 ?al �i �/ rttye. .• My yertmiamonP ei eve /.� f, p -- YJ teno v JCL Cs at v,r1 ,.I . RQ / •�t ..Fr CU • COUNT YUf" I ss (If Waspy Public • 19ell UPDATE LEGAL FORMS NO 201 rJ 1. '.ar•.-pre.cY.Cn ondr 90GY ��j/�� . 0031 356-6380 DE RTMENT OF PLANNING SERVICES Kisa NORTH OFFICE 918 10 Street GREELEY, CO 80631 PHONE: (970) 353-6103-610 0, Ext. 3540 FAX: (970)304-6498 COLORADO September 27, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1632 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,December 4,2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Verizon Wireless FOR: Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100 foot windmill,panel antennas and an equipment shelter) in the A(Agricultural) Zone District. LEGAL DESCRIPTION: Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado, LOCATION: Approximately 1 mile north of CR 52 and west of and adjacent to CR 53. 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 Hannah Hippely, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10'"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. I CERTIFICATE OF MAILING USR-1632 SURFACE ESTATE/LAND OWNERS RICHARD CHURCHILL 25890 CR 53 KERSEY CO 80644 FRED FANGMEIER 25749 CR 53 KERSEY CO 80644 AMY FOX PO BOX 802 KERSEY CO 80644 ANGEL GARCIA 25507 CR 53 KERSEY CO 80644 BARBARA HOFF 24472 CR 38 LASSALLE CO 80645-9733 BRETT MANWEILER E I LER 26028 RANGEVIEW DR KERSEY CO 80644 THOMAS MOSS 26100 RANGEVIEW DR KERSEY CO 80644 GEORGE OTTENHOFF 25957 CR 53 KERSEY CO 80644 STEVEN ROSKOP PO BOX 441 KERSEY CO 80644 MINERALS AND/OR SUBSURFACE INTEREST OWNERS MERIT ENERGY C/O LOGAN &FIRMINE INC 3615 S HURON ST STE 200 ENGLEWOOD CO 80110 The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR- 1632 was placed in the United States Mail,first class mail, postage prepaid, addressed to the following properties. Dated the 27TH day of September, 2007 Donita Recording Secretary foFPYanning Commission S • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: etc 2S c2) E XC', (}-C (R.12- Rte (iv) Parcel Number O `I to 3 - 9 - O - O - DII 3 (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 Assessor of the owners'of property(the surface estate)within five hundred (500)feet of 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: K Cl -I`1- C1 ;1 Title: Lrk (%3u+S,�i� Cuy�Si.5flw The foregoing instrument was subscribed and sworn to me this /gill day of€./y rr-f7)b K , Zoo 7 . WITNESS my hand and official seal. My Commission Expires: 'T 74f 20/0 /L-,J(L,414/-z- Notary Public QO 1-Ay � s9 J i • q*'AUEf�.�• F O t.9 TF 00V- • -13- Mv Commission Expires 07/24/2010 :. AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: C'.5c`s 13 N6 1-} NE 'k awl Est-t, 12-2S CA(1) Parcel Number OcA Lo 3 - 9 - o - a O _ O ` 3 (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) STATE OF COLORADO WEE ) ss. COUNTY OF l� ) 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. By: `K' ' (1H1 - 01- Title: O'k /\c.� .1S,�ar O Si1..,Q4.3" The foregoing instrument was subscribed and sworn to me this I "/+V) day of r�uf-,Lc1— , ZOO l WITNESS my hand and official seal. My Commission Expires: 17" '4" 70/U A o �NLAC0s� NofaryPublic Q, oTAgy �' i • ; :�a •.�9 iof t ' '. �G;<O: 1t '.1/B.1-.‘‘F OF ot.O . -14- My Commissbn Et 07124/2010 • • AFFIDAVIT OF INTEREST LAND OWNERS SURFACE ESTATE Subject Parcel: 096329000013 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 the records of the Weld County Assessor was assembled within thirty days of the application's submission date. i ature Date Property Owners Within 500 ft of Parcel#096329000013 IDENTIFICATION NAME MAILING ADDRESS PARCEL CHURCHILL E RICHARD& LINDA 25890 CR 53 096328000001 R KERSEY,CO 80644 FANGMEIER FREDRICK J & 25749 COUNTY RD 53 096329100069 Additional Owners: KERSEY,CO 80644 FANGMEIER DEBRA K FOX MATTHEW R& P O BOX 802 096329000073 Additional Owners. KERSEY,CO 80644 FOX AMY GARCIA ANGEL C 25507 CR 53 096329000074 KERSEY,CO 80644 24472 COUNTY ROAD 38 HOFF BARBARA J 096320400031 LA SALLE CO 80645- 9733 26028 Rangeview Dr MANWEILER BRETT A& SHERI L 096321008013 KERSEY,CO 80644 MOSS THOMAS D 26100 Rangeview Dr 096321008012 KERSEY,CO 80644 OTTENHOFF GEORGE H& 25957 WELD CO RD 53 096329000014 JENNYRAE KERSEY,CO 80644 ROSKOP STEVEN J & P O BOX 441 096329100070 Additional Owners- KERSEY,CO 80644 ROSKOP LINDA K w • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Subject Parcel: 096329000013 Mineral Owners and Lessees on or under Parcel#096329000013 NAME MAILING ADDRESS PARCEL IDENTIFICATION # MERIT ENERGY 3615 S HURON ST STE 200 0963?9000013 C/O LOGAN & FIRMINE INC ENGLEWOOD,CO 80110 Identify Results Page I of Oil Valuation Account#: 00148688 Parcel#: 096329000014 Owners Name&Address: Property Address: MERIT ENERGY Street: C/O LOGAN &FIRMINE INC City: 3615 S HURON ST STE 200 ENGLEWOOD, CO 80110 Business/Complex: Legal Description 9525A-1 LEASEHOLD INT W2NE4 29 564 OTTENHOFF 29-1 Land Value $151,288 Land Assessed Value $132,380 Impr. Value $ Impr. Assessed Value $0 Total Value $151,288 Total Assessed Value $132,380 Total Taxes: $7,712.40 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Quart Sec. Subdivison Name Block* Lot* 05 - 64- 29 - 0 - - Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception# $0 http://maps2.merri ck.com/W ebsite/W eld/setSgl.asp?cmd=ACCDET&acct=096329000014... 8/28/2007 VERIZON WIRELESS October 26, 2007 Merit Energy Company Attn: Fred N.Diem 13727 Noel Road,Suite 500 Dallas,TX 75240 Re: Verizon Wireless Proposal for Telecommunications Facility (Verizon Wireless Project Name: GRE Kersey) Dear Mr.Diem, To comply with Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01- 1088) this is a letter to notify mineral estate owners that an application for development has been submitted to the Weld County Planning Commission. There will be a Public Hearing before the Weld County Planning Commission on December 4, 2007 at 1:30 p.m. in the Hearing Room, Weld County Planning Department located at 918 10ih Street,Greeley,Colorado concerning the request of: CSR-1632—Request for a Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100-foot windmill, panel antennas and equipment shelter) in the A (Agricultural) Zone District on a parcel of land described as part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. **Please note the telecommunications facility will be located 100' to the west of your existing fenced enclosure. Records indicate that you may have an interest in the minerals located under the aforementioned property. If you have any comments, objections or requests for additional information related to the Verizon Wireless application for development you may reach me at 303-748-0599. Sincerely, Kelly Harrison Site Acquisition and Zoning Consultant— Closser Consulting EXHIBIT 1917 LOWELL BLVD • DENVER/COLORADO • 80204 � •� PHONE: 303-748 0509 (MOBILE) • 303-561 2881 (FACSIMILE) uses lo32 • • VERIZON WIRELESS October 26, 2007 Merit Energy Company Attn: Frank Holubec 1221 40th Street Evans,CO 80620 Re: Verizon Wireless Proposal for Telecommunications Facility (Verizon Wireless Project Name: GRE Kersey) Dear Mr. Holubec, To comply with Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01- 1088) this is a letter to notify mineral estate owners that an application for development has been submitted to the Weld County Planning Commission. There will be a Public Hearing before the Weld County Planning Commission on December 4, 2007 at 1:30 p.m. in the Hearing Room, Weld County Planning Department located at 918 10th Street,Greeley,Colorado concerning the request of: USR-1632—Request for a Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100-foot windmill, panel antennas and equipment shelter) in the A (Agricultural) Zone District on a parcel of land described as part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. **Please note the telecommunications facility will be located 100' to the west of your existing fenced enclosure. Records indicate that you may have an interest in the minerals located under the aforementioned property. If you have any comments, objections or requests for additional information related to the Verizon Wireless application for development you may reach me at 303-748-0599. Sincerely, Kelly Harrison Site Acquisition and Zoning Consultant— Closser Consulting 1917 LOWELL BLVD • DENVER/COLORADO • 80204 PHONE: 303-748-0599 (MOBILE) • 303-561 2881 (FACSIMILE) 4 •"\ • • VERIZON WIRELESS October 26, 2007 Union Pacific Railroad Rod Peterson 1400 Douglas Street Omaha,NE 68179 Re: Verizon Wireless Proposal for Telecommunications Facilin- (Verizon Wireless Project Name: GRE Kersey) Dear Mr. Peterson, To comply with Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of II.B.01- 1088) this is a letter to notify mineral estate owners that an application for development has been submitted to the Weld County Planning Commission. There will be a Public Hearing before the Weld County Planning Commission on December 4, 2007 at 1:30 p.m. in the Hearing Room, Weld County Planning Department located at 918 10r11 Street,Greeley, Colorado concerning the request of: USR-1632 — Request for a Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility (telecommunications facility including a 100-foot windmill, panel antennas and equipment shelter) in the A (Agricultural) Zone District on a parcel of land described as part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. Records indicate that you may have an interest in the minerals located raider the aforementioned property. If you have any comments, objections or requests for additional information related to the Verizon Wireless application for development you may reach me at 303-748-0599. Sincerely, Kelly Harrison Site Acquisition and Zoning Consultant— Closser Consulting 1917 LOWELL BLVD • DENVER:COLORADO • 80204 PHONE: 303 748-0509 (MOBILE) • 303 561 2881 (FACSIMILE) r„ ,ii ��21 2 . SENDER: COMPLETE THIS SECTION _ COMPLETE THIS SECTION ON DELIVERY S t., O 'Pp. • Complete items 1,2,and 3.Also complete A. S a re 1 \ item 4 if Restricted Delivery is desired. /`(� /x�'1. / dent ,I �O I v • Print your name and address on the reverse • l/6/ Ltd,/ rte/ 1❑Addres: !i. j so that we can return the card to you. B. }-eiv�d by(Printed N me) C. Date of qty p - �� r3 3 •■ Attach this card to the back of the mailpiece, ,, I / 1 r, �/ )� vl�os ` 0 or on the front if space permits. E-;I \.J - /Y1 (J7 { DI IV iS o D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No , p , ..• ti") — 0 A, 6.5 9 O �J I lr (V�e - , C��-°�� f . + I • 7: 3 I3a1 `kOC\ S''r. pp: ti Liv:.;.S Cf, Q;C�,`'�^' 3. Service Type l `L''�J Iii w J' S `�Certiffed Mall ❑Express Mail I,, g,I m 8 LL a t; d eri 7 Registered ❑ Return Receipt for Merchand d5 � ❑ Insured Mail ❑C.O.D. 8.I a o ma. ud m oy [f� d _.2 m i 4. Restricted Delivery?(Extra Fee) ❑Yes e ZII U 2� 02 m ' 2z 'N ,r - 'j `m m E o i "¢n.k o 2. Article Number (Transfer service label) 7007 0220 0003 1617 4826 P W iw cm@ 2 � Jam 'h 29 Es m C`w �c i°- 'mCF if w` w n C3 6 a PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M- -- 9 2 gh Z'C92 E000 0220 ZOOL SENSE': C�M•LETE THIS SECTION C•M•LETE THIS SFCTI•N•N r11VE•Y if r - • Complete esms 1,2,and ry is Also complete A. Signet /- 1 /I�^ 0 Agent f item 4 if Restricted Delive is desired. Cr. ■ Print your name and address on the reverse X 4 tj I ❑Addres ,7 .r J so that we can return the card to you. B. Received by(•!fed Name) C. Date of Deli) i" ego 9 ■ Attach this card to the back of the mailpiece, O (L o I C or on the front if space permits. D. Is delivery ad�>--different from item 1? ❑Yes �� O '- 1. Article Addressed to: d J1 If YES,enter delivery address below: ❑ No �r1V J e oc. 2 s I1/\4D 1,,; 1vv�.-y- Cc.. ..,� o C'J l..- I._' ;14 CJ o L� r 'd . Oa k3"4 �1 tscet_ RO/ SSte \ 3. S>3rvlce Type f -' w EA T"U� >J--�•� Certified Mal ❑ Express Mail v ge 0 Registered ❑ Return Receipt for Merchant m u u.w LL w m lY d ❑ Insured Mall ❑ C.O.D. f. m a 2-0 - 1 r u Cr) a e §1 m¢ o, C �' 4. Restricted Delivery?(Extra Fee) ❑Yes .I U ¢v oc m 22 q -gd v m E "o n o m 2. Article Number ¢o No To I mS ri y (Transfer from service labe 7007 0220 0003 1617 4802 a o `c �''.t n n CCU =nob I PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M- ' 209h CITE E000 0220 COOL r, SENSE•: C�M'LETE THIS SECTION GSM•LETE THIS SECTION •N •ELIVE•Y 4 P CO 8p?/ ■ Complete Items 1,2,and 3.Also complete A. Signature '� item 4 if Restricted Delivery is desired. X O Agent 41 x ,� • Print your name and address on the reverse O Addre: (t t ii so that we can return the card to you. ec�v rflt C. Date of Deli • 8 • Attach this card to the back of the mallpiece, Ca, T� +'l� or on the front if space permits.kftD. Is deliv 'Qddress�diff�..-f/ffrmo-mb Rem I? ❑Yes h 1 r 4. 1. Article Addressed to: If YES;enter tlellddry'edtlflss• below: No n { fit:. 11 - s .� o r Qt.e,-Ge ail �2:.av� r, , t o OJ Od . 4' t - -i�" I - *^ w .y. `" en cC' 7..\ri: 11crt y'"-)LLti S. . .ii a z d �1TnU..4w, �� 19�� j 3. S iceType t 'Rte 4 Certified Mail ❑Express Mail � '�] Registered O Retum Receipt for Merchan 1 1 2 w w m LL� m Ili ❑Insured Mall ❑ C.O.D. y a LL 2 I a° m m m ^� '? ^•—c 4. Restricted Delivery?(Extra Fee) ❑Yes it� m ¢¢ m¢ m Z o • 3o u 5 _E tea? v2. Article Number 7007 0220 0003 1617 4819 =hic• @q a o ''‘I V- (Transfer from service Iabv, w I- 2 3 PS Form 3811, February 2004 Domestic Return Receipt 10259s-oz-M • • x p-ulp+•t.1Fn4-vw Y' •». ''y'7"i"Y^ '�'f� ; " r x m i , l:.l t ..-{ ,h4 .Iiii' r. r ' ill • YBI� OQ .. j:'.. y 1' GRE-Kersey _Jill A II I I .i■ / ] 1 --- _ _ Kersey, CO li . 1 Project No. 128291 .002 KDC Existing Conditions ;21 itt. /4l t -,4 t , 4 o • r1 I. I I I l 7 .4, ••.r - ►t' it p v. • 1 •�t II• • .. _fit. 1 C , ti l ,:-. , .,N via • ......... r � / ^a al 1%-% • Y: lr :: i I'S. r • •M• N EXHIBIT Proposed Shelter Addition 3 1i . b appp ¢ ffl w ii iitll =Y W cE2 W Z Q 3 8 I psi m O S M 84 5 W 6 a_ Z <9 ell ``'' t m "n5II O diI II M id Yd . cc W - m A $2iA d U O 'm 0m ^g@ J J¢°W J q § a s e i g8 i i� o ris E 8 1 R i g al g r pe w. - :1 g !:iIjIi ity �g g 2! as vo s €E ge �; 2.i 2d P 3g g g - 2 p r 3i E g E g : g V 2§Pg6 8 i eg5 g 0 i e` teK El 00 0 00 0 00 00 00000000000 0 III = b —'J f J Q i'((,,,,,,9,..„!ll \ I z 4 I ..,_ F mar 6/7 C t\I I \ ' OllliliIiiili e I a 8 8 6 14 8q a S di d Q"7 I lIRIHX3 November 20, 2007 Ms. Hannah Hippely Weld County Planning Department Department of Planning Services Sg€EL€Y OFFICE Weld County Colorado NOV 2 6 2001 918 10th Street Greeley, RECEIVED Greelele y,, CO 80631 RE: Case Number USR-1632 Dear Ms. Hippely, We are writing this letter regarding the Site Specific Development Plan and Special Review Permit for a Major Facility of a Public Utility located at Part of the NE4 NE4 of Section 29, T5N, R64W of the 6th P.M., Weld County, Colorado. We are opposed to granting a telecommunications facility for Verizon Wireless for the following reasons: • Tower offensive to our sight • Extra buildings offensive to our sight • Large wall or bushes will not hide 100' windmill, panel antennas or the equipment shelter • Extra light from tower offensive to sight • Potential noise from windmill • Potential unknown hazards to health • Increase of traffic on Highway 53 • Potential erosion of soil • Lower monetary value to residential homes in area • Loss of "rural" feel Thank you for your consideration to our objections. Sincerely, /- L?„, yef Steven J. Roskop Linda K. Roskop EXHIBIT I (9. d U -I .32 Hello