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Home My WebLink About20052028.tiff At*; MEMORANDUM � TO: Clerk to the Board 6/28/2005 COLORADO FROM: Chris Gathman, Planner II I/y 6 SUBJECT: Conditions of Approval for USR-1508 (Longmont Broadcasting, Inc.) The applicant has satisfied conditions of approval 1.A, 1.B and 1.C (prior to scheduling a Board of County Commissioners hearing) for USR-1508. 2005-2028 SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT fglThe BeII 5 Land Company 710 11th Avenue, Suite 107, Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 June 27, 2005 Mr. Chris Gathman, Planner Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: USR-1508, Longmont Broadcasting, LLC Mr. Gathman, Longmont Broadcasting, LLC has been in negotiation with Ms. Elizabeth Wilson, (property owner to the east of subject property) regarding the above captioned application for Use by Special Review. The application is for construction of 2 broadcast towers on 92 acres of land near Frederick. A condition of approval following the Weld County Planning Commission consent of this project was to demonstrate that the applicant has addressed the concerns of Ms. Wilson in regard to an 8.9 +/- acre portion of her property that may lie within the 70% (of tower height) potential fall radius of the proposed east tower. The fall radius area is to account for the unlikely event of total catastrophic structural failure of the tower itself and the potential fall area for debris. While the chances of such a catastrophic failure are very small, the applicant feels it is important to attempt to address Ms. Wilson's concerns. The portion of the property that lies within the potential fall radius is currently unimproved farmland. While the applicant has been negotiating in good faith with Ms. Wilson, they have not yet reached a final agreement with her regarding the fall radius area as to lease, purchase, creation of an easement, or other resolution. Longmont Broadcasting, LLC fully intends to negotiate an agreement that will be acceptable to both parties; however there are construction timelines to meet in order to maintain the permit issued by the Federal Communications Commission for this tower project. To that end, the applicant proposes a note on the final plat that requires Longmont Broadcasting, LLC (or successors in interest) to present to the Weld County Department of Planning services written evidence addressing EXWIBR R the concerns of Ms. Wilson (or her successors interest) before a building permit will be issued for construction of the EAST tower ONLY, if and when it is feasible for the applicant to build that tower. In the mean time, the applicant could proceed to construct the other (WEST) tower and allow adequate time to reach agreement with Ms. Wilson to address her concerns for the EAST tower. Only the east tower should be restricted in this manner and the note on the plat must be specific to the east tower only. Longmont Broadcasting, LLC believes this proposal to be in the best interests of all parties to allow the project to proceed with the first tower and yet allow adequate time to reach a reasonable agreement with Ms. Wilson. If this is acceptable to Planning Staff, please proceed to schedule the final hearing for this project with the Weld County Board of Commissioners as soon as possible. If you have additional questions, please contact me. Thank you. Sincerely, stsk la& Kirk Goble, ALC Authorized representative of applicant cc: Longmont Broadcasting, LLC ®. TheBeh15 Land Company 710 11th Avenue, Suite 107, Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 June 8, 2005 Chris Gathman Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: USR-1508, Longmont Broadcasting, LLC Chris —the attached letter was provided to you previously to document that proper minerals notification was completed for the above captioned USR. At this time, we have reached an agreement with Anadarko Land Corp. via their attorney Molly Sommerville; a copy of which has been provided to you. I have a verbal agreement for surface use agreement with K.P. Kauffman to be followed by a written agreement which I anticipate receiving any time; I will forward that to you upon receipt. Mrs. Wilson has made no objection regarding minerals. Kerr-McGee Rocky Mountain Corporation has made no reply at all that I am aware of. Although not listed in the title search as holding a mineral interest, we have also attempted to contact representatives of KN Energy (now Kinder Morgan) regarding their gas pipe line easement. We've had no reply to date, but have proposed to move the security fence shown on the plat to be parallel and adjacent to the easement, rather than crossing it. I forwarded a sketch of this proposal to you previously. Please let me know if there is anything else you need in regard to the mineral interests on this property. Sincerely, Sae-- Kirk Goble, ALC Broker Representative for Longmont Broadcasting, LLC in USR-1508 EXHIBIT USR- 1 4: WOODROW 8c SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street,Suite 1100 Denver,Colorado 80202 Telephone: 303-296-1400 Molly Sommerville,Esq. Facsimile: 303-296-1924 msommerville@woodrow-sobel.com E-mail: law@woodrow-sobel.com May 9,2005 Via Telefax and U.S. Mail 303-940-1229 Dirk Freeman Longmont Broadcasting, LLC Post Office Box 753 Wheatridge, Colorado 80034 Re: Longmont Broadcasting,LLC/Weld County Special Use Permit Township 2 North,Ranee 67 West Section 33: NW/4 (approximate 94 acre parcel) Weld County,Colorado Dear Mr. Freeman: This letter is follows up our telephone conversation on May 5 concerning the application for a special use permit that Longmont Broadcasting, LLC ("Longmont") has filed with Weld County for property that includes an approximate 94 acre parcel in the NW/4 of Section 33, Township 2 North, Range 67 West in Weld County, Colorado. As you are aware, Anadarko Land Corp. owns all the coal that underlies the property. Anadarko Land at this time does not intend to file an objection to the application because you have indicated that the footprint for new surface construction will take up only about six acres plus guy lines and that the reminder of the property will remain open for prospective mineral development. Anadarko Land understands that you may provide this letter to Weld County to include with the application for a special use permit. If you have any questions regarding this matter, please call me. Very truly yours, WOODROW& SOBEL, P.C. Molly Sommerville MS/sa cc: Don Ballard Page 1 of 1 Chris Gathman From: Kirk Goble [kirk@bell5.com] Sent: Wednesday, June 08, 2005 1:25 PM To: Chris Gathman Cc: Dirk Freeman Subject: Longmont Broadcasting Pipeline Easement Chris — as we have yet to receive a reply from KN Energy (now Kinder-Morgan), we propose to simply move the proposed fence line off the easement as shown on the attached drawing. This should satisfy any concerns regarding the line, as it won't be interfered with at all. If acceptable to staff, we will modify the USR plat to reflect this change. Please contact me if you have questions or concerns. Thank you. Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 06/08/2005 Longmont Broadcasting, LLC . .>₹'--. ! t, / .. h � ! ` . '' FUTURE �. �N \ ' ! B . `.. ADDITIONS ! \ �/ ''. (:ACI-I END) 'S-. 1~� .. j PROPOSED 7.�'�/ ��;.` _' BUILDING E , . � COVERED �� ! PARKkVG h° ,.\ yN \ Security fence SPACES e 1t�f r�1' i ,,, . (rYP.)1 .�c�,' !l/�j I� ,.(7,,,„.,„..„,.,0- ;„x,,, �� `�, across pipeline c ii . ir' easement. O � . rY .r�.{� R ! 1 OPTIONAL Q \:, ❑ Q �♦ UNITS {TCELL PHONE E4.x... k ._ ...k.........< ... X. _. _- ...X 1 20' x 20' TOWER OPTIONAL N, FOUNDATION • 4 - 10' x 10' 1 SATELLITE ♦♦ • DISH PADS, •♦ (25' APART) ♦ ♦ • ♦ • ID ir /\ iL'---- y „„, .... . . .. . c . 1 . ,. -, .. ef) / , . . , N. i FUTUR N. CO .. .. . cv; .........,/ AUDI(IONS 4 1 y, �;D.,,, (EACH END) ^N\ ,�� / PROPOSED F �VBUIL SecurityJflVd � � � PARKING r F SPACES ..,-N\ j ` ti�.\ pipeline ease- (TYP.)�.-.. 41 (r ji i -;. p��. ` < Q,�O ment. ,� ti� J T �c.r.F,�,1 ct tr COI' s,..{ rZ Y- F -------1 ___—_ s`);1. .V `--/' �OPTIONAL�.5- O Q U O ♦♦♦ CELL UNITS (TYP.) RX.... ..x....___S- ...x_.......x..- _x.._ ._____X; 20' x 20' TOWER OPTIONAL, ♦ FOUNDATION ♦ 4 -- 10' x 10' ♦ SATELLITE • DISH PADS, • (25' APART) • • ♦ ♦ ID 1-.y l_ A I L. Jg\ TheBell5 Land Company 710 11th Avenue, Suite 107, Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 March 24, 2005 Anadarko Land Corp. Attn: Mgr. Property & ROW P.O. Box 9149 The Woodlands, TX 77387-9147 Elizabeth A. Wilson 6707 WCR 19 Ft Lupton, CO 80621 K.P. Kauffman Company, Inc. 1675 Broadway, Suite 2800 Denver, CO 80202 Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, CO 80202 RE: Lot "B" of Recorded Exemption No. 1311-33-2-2-RE3507, being part of the North A of Section 33, Township 2 North, Range 67 West of 6th P.M., Weld County, Colorado Owners: Longmont Broadcasting, Inc. To whom it may concern: According to a minerals title search (attached), it appears that you may have an interest in the minerals estate, production, exploration, leasing, or operation on the above captioned property. This letter is to inform you that the owners of the above captioned property have made application to the Weld County Department of Planning Services for Use by Special Review #1508 (USR-1508) for the construction and operation of two (2) guyed broadcast towers of approximately 1,180 feet in height, together with support buildings adequate for broadcast operations. Attached please find a plat of the proposed project which also sets forth the location of oil & gas wells, support equipment, pipeline easements, and access roads. The applicant has taken into consideration the location and operation of the mineral interests in planning this project. There is no attempt or plan to disrupt or otherwise impede the legitimate existing minerals operations. Placement of facilities, fences, and roads all take into account full access to all oil & gas operations. We anticipate no operational effect to the oil & gas interests by this project. A hearing regarding this application has been scheduled before the Weld County Planning Commission on May 17, 2005 at 1:30 PM at the Hearing Room, Weld County Department of Planning Services, 4209 Weld County Road 24 'A, Longmont, Colorado. If you have any questions, please contact me at the address hereon, or you may contact the Planner in charge of this case: Chris Gathman, Planner Weld County Department of Planning Services 918 10`h Street, Greeley, CO 80631 PH: 970-353-6100 X3540 I thank you in advance for your review and consideration of this matter and encourage you to contact me if you have any questions. Sincerely, Kirk Goble, ALC Broker KG:mmi enclosures Page 1 of l Chris Gathman From: Kirk Goble [kirk@bell5.com] Sent: Thursday, May 19, 2005 8:39 AM To: Chris Gathman Subject: USR-1508 (Longmont Broadcasting) Chris —Attached is a copy of an e-mail reply to me from Larry Richardson, Fire Marshall for the Ft. Lupton Fire Department. Please enter this into the file to meet the requirement for approval of the accesses from him. NOTE: Please review all of the file info to be sure that the applicant is shown as Longmont Broadcasting, LLC. It has shown up a couple of times as Longmont Broadcasting, Inc., which is incorrect. The manager of Longmont Broadcasting, LLC, Mr. Bill Vanderpoel, caught this at the hearing this week and asked that it be corrected. Thanks Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 EXHIBIT I _ ,Li4 U.S, #160; 05/19/2005 Page 1 of 1 — Kirk Goble From: Larry Richardson llrichardson@ftluptonfire.coml Sent: Thursday, May 19, 2005 6:44 AM To: reply©be115.com Subject: RE: USR 1508 The information you sent me will meet our requirements. Thank you, Larry Richardson Fire Marshal Fort Lupton Fire Protection District From: Kirk Goble [mailto:kirk@bell5.com] Sent: Wednesday, May 18, 2005 11:57 AM To: Irichardson@ftluptonfire.com Subject: USR 1508 Larry—You received a referral on this project from the Weld County Department of Planning Services. This is for construction of 2 broadcast towers near Frederick. Your reply to Planning was to insure that accesses remain open and have a width of 20' or more. I have attached an aerial map of the property showing the 2 existing accesses together with a copy of the recorded easement with PSCO for the accesses. The applicant states that the roads are already 20' in width and that they may widen them at time of construction. No gates are planned. Please send a letter to me acknowledging this contact and indicating that this will meet your requirements. The applicant is Longmont Broadcasting, LLC. Contact me if you have any questions. Thanks! Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970-356-1618 FAX 970.392-1618 5/19/2005 Page 1 of 1 Chris Gathman From: Kirk Goble [kirk@bell5.com] Sent: Wednesday, June 08, 2005 10:44 AM To: Chris Gathman Subject: Somerville Letter Chris - attached is the letter from M. Sommerville regarding Longmont Broadcasting (for your file). Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970.356-1618 FAX 970-392-1618 EXHIBIT I -I CASt2 *1 4: 06/28/2005 WOODROW 8L SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street,Suite 1100 Denver,Colorado 80202 Telephone: 303-296-1400 Molly Sommerville,Esq. Facsimile: 303-296-1924 msomerville@woodrow-sobel.com E-mail: law@woodrow-sobel.com May 9, 2005 Via Telefax and U.S. Mail 303-940-1229 Dirk Freeman Longmont Broadcasting, LLC Post Office Box 753 Wheatridge, Colorado 80034 Re: Longmont Broadcasting,LLC/Weld County Special Use Permit Township 2 North,Ranee 67 West Section 33: NW/4 (approximate 94 acre parcel) Weld County,Colorado Dear Mr. Freeman: This letter is follows up our telephone conversation on May 5 concerning the application for a special use permit that Longmont Broadcasting, LLC ("Longmont") has filed with Weld County for property that includes an approximate 94 acre parcel in the NW/4 of Section 33, Township 2 North, Range 67 West in Weld County, Colorado. As you are aware, Anadarko Land Corp. owns all the coal that underlies the property. Anadarko Land at this time does not intend to file an objection to the application because you have indicated that the footprint for new surface construction will take up only about six acres plus guy lines and that the reminder of the property will remain open for prospective mineral development. Anadarko Land understands that you may provide this letter to Weld County to include with the application for a special use permit. If you have any questions regarding this matter,please call me. Very truly yours, WOODROW& SOBEL, P.C. Molly Sommerville MS/sa cc: Don Ballard 6707 Weld County Road 19 Fort Lupton,Colorado 80621 Weld County Department of Planning Services Board of Weld County Commissioners 918 10th Street Greeley,Colorado 80631 May 17,2005 RE: Application for towers on parcel# 1311-33-2-00-053,Lot B of RE 3507. Dear Planners and Commissioners, In 2003,Longmont Broadcasting purchased the subject property from our family,and we are not opposed to the property being used for the communication towers,with the following reservations.As owner of the property east of and adjacent to the subject property, I request that the following concerns be addressed in the Board's decision. 1) The western portion of my property lies within the fall radius outlined for the tower.I believe that this severely limits usage and diminishes value of that land. I also have grave concerns about the safety of having the tower and guy wires located so close to my property line. This consideration was first addressed yesterday when I met with Dirk Freeman.He gave me a copy of the complete application packet at that time,and we discussed the final plan for location of the towers and guy wires. Dirk stated that the planners'recommendation is for approval with several conditions. One of those conditions is my agreement to the having the fall radius overshadow my property.I am not in agreement with having the fall radius overshadow my property.I am willing to negotiate with the subject property owners to allow them to purchase the land within the fall radius. 2) My family and I own several parcels located on the same half section of land as the subject property. We would like the Board to require that the owners of the towers share information that becomes known to them regarding any health or safety considerations related to the towers,structures or guy wires. We ask for a written agreement in place that the owners will inform surrounding property owners of risks including but not limited to mechanical concerns and any new studies on radiofrequency radiation,as well as any other dangers that are identified. Thank you for your consideration of these matters. Any further questions can be directed to the address above. Sincerely, • Elizabeth Wilson Page 1 of 2 Esther Gesick From: Chris Gathman Sent: Wednesday, July 27, 2005 2:08 PM To: Esther Gesick Subject: FW: USR-1508 Longmont Broadcasting Esther, Here is another e-mail regarding the status on the agreement with KP Kauffman for USR-1508(Longmont Broadcasting). Chris From: Kirk Goble [mailto:kirk@bell5.com] Sent: Tuesday, July 19, 2005 4:18 PM To: Chris Gathman Cc: 'Dirk Freeman' Subject: FW: USR-1508 Longmont Broadcasting Chris — Below is the text of an e-mail that I received from Jason Lilly at KP Kauffman. We have a surface agreement being revised as to correct signatories, and we will have the flow lines shown on the plat per Mr. Lilly's request. We will seek commissioner's approval on this basis and follow up with completion and recording of the surface agreement after approval and finalization of the plat. I hope this will meet with your (staff) approval and recommendations for the commissioner's hearing on Aug. 3. Thank you. Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 From: Jason Lilley [mailto:jlilley@kpk.com] Sent: Tuesday, July 19, 2005 2:54 PM To: reply@bell5.com Subject: RE: USR-1508 Longmont Broadcasting Kirk, As per our conversations today, we discuss the the proposed location for the USR No. 1311-33-2-RE3507 Longmont Broadcasting within the N/2 of Section 33 Township 2 North - Range 67 West, 6th PM. I have requested the approximate locations of KPK flowlines be placed on the map and you have agreed to do so. Please label "KPK approximate flowline"on the map. After our conversation and the verbal agreements that we have discussed today, I will continue to move forward on the Surface Use Agreement, but KPK does not object the subject surface development. 4y Thank you, r ' 7/27/2005 Page 1 of 2 ^ Esther Gesick From: Chris Gathman Sent: Wednesday, July 27, 2005 1:45 PM To: Esther Gesick Subject: FW: USR 1508 Esther, Here are two letter attachments from Kirk Goble for USR-1508(Longmont Broadcasting)for next week. Chris From: Kirk Goble [mailto:kirk@bell5.com] Sent: Wednesday, July 27, 2005 10:42 AM To: Chris Gathman Subject: FW: USR 1508 Chris — I wrote the memo below to you last Friday and hadn't heard back yet. Please review and advise. In the mean time, I have sent the attached letter to the Planner at Town of Frederick. Hopefully this will meet the requirement to attempt to address their concerns. I look forward to your reply. Thanks. Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 From: Kirk Goble [mailto:kirk@bell5.com] Sent: Friday, July 22, 2005 12:53 PM To: 'Chris Gathman' Subject: FW: USR 1508 Chris — I'm reviewing the proposed resolution. Please forward the resolution to me ASAP in digital form — it makes it much easier to provide to my clients and other applicable individuals. A couple of questions: I previously forwarded to you the attached communication from Larry Richardson, Ft. Lupton Fire Marshall. I assumed from our conversation that this would meet the requirement of 1.C.? Do you need something more? Will this suffice? My proposal for Town of Frederick is a letter to them stating that we are operating within all regulations of unincorporated Weld County. I will provide a copy to you. Will that suffice? 4 , 7/27/2005 Page 2 of 2 Most importantly — I've provided communication to you regarding the Wilson property to the east (Lot B AMRE-2425) that the applicant has been in negotiation with Ms. Wilson regarding a "fall radius" easement. Her price and demands far exceed anything reasonable or supported by current market conditions, though we do expect some sort of agreement. As we have discussed, we will provide to you a letter from the applicant stating that they will construct the west tower first and the east tower when economically feasible. At this point, they propose a note on the plat requiring some agreement or easement prior to issuance of a building permit for the EAST tower only. I assume the requirement is still there until you get said letter? Will that suffice? I have also attached the PRELIMINARY agreement with KP Kauffman. Per our last communication, KP Kauffman and Longmont Broadcasting, LLC will sign the agreement with the updated plat as an attachment. They have requested that the plat show the approximate location of flow lines and that is something we can do. The agreement will be signed and recorded prior to recording the plat. I assume the other mineral matters have been taken care of. Please advise. Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 7/27/2005 feRA The BeII 5 Land Company 710 11th Avenue, Suite 107, Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 July 22, 2005 Jennifer Hoffmann, AICP Senior Planner Town of Frederick 401 Locust Street P.O. Box 435 Frederick, CO 80530-0435 RE: Longmont Broadcasting, LLC referral Weld County case no. USR-1508 Ms. Hoffmann, I am the authorized representative of the applicant in the above captioned case. I'm writing in response to your letter of April 21, 2005 to Weld County Planner Chris Gathman in reply to a referral regarding this Use by Special Review Application. The site of the proposed broadcast towers is evidently within the proposed planning area for Town of Frederick, however the property is located in unincorporated Weld County and is not subject to terms of any intergovernmental agreement. All pertinent land use requirements and special requirements for broadcast towers contained in the Weld County code have been addressed. This matter was placed before the Weld County Planning Commission and passed on consent since the applicant had thoroughly addressed concerns of the Weld County Department of Planning Services and there was no apparent opposition. This particular land use creates relatively little surface disturbance and except for the tall towers does not call for large building construction. Effectively, the land will provide an open space corridor for the surrounding area since the towers and guy wires have a small profile and small footprint. The tower bases, support buildings, and guy anchors will have little more visual impact than any existing oil & gas facilities. The project was specifically planned to locate next to an existing tower to help mitigate the impact. Your suggestion of a landscape buffer around the facility perimeter was considered by the applicant early in the planning phases of this project. The applicant decided against the landscape option for the following reasons: 1.) the visual impact of a solid fence or landscape would be greater than that posed by the facilities, possibly blocking a view corridor, and 2.) due to safety, security, and operational concerns, the tower base and anchors need to have high visibility from the surrounding county roads, including possible Sheriff patrols at the perimeter. I believe you will find this to be a somewhat benign operation that will be a good neighbor to the Town of Frederick while providing a necessary and needed modern communications facility. The final hearing for this application will be held before the Weld County Board of Commissioners at 10AM on August 3, 2005 in the Commissioners Hearing Room, Centennial Building, 915 101h Street, Greeley, CO. If you have further concerns, I urge you to attend. Please contact me if you have any questions or need further information. Thank you. Sincerely, Kirk Goble, ALC Broker The Bell 5 Land Company 710 11th Avenue, #107 Greeley, CO 80631 PH: 970-356-1618 E-mail: kirk(a�bell5.com cc: Longmont Broadcasting, LLC Chris Gathman, WCDPS Page 1 of 1 '1 Kirk Goble From: Larry Richardson[Irichardson©ftluptonfire.coml Sent: Thursday, May 19, 2005 6:44 AM To: replycbell5.com Subject RE: USR 1508 The information you sent me will meet our requirements. Thank you, Larry Richardson Fire Marshal Fort Lupton Fire Protection District From: Kirk Goble [malito:klrk@bell5.com] Sent: Wednesday, May 18, 2005 11:57 AM To: lchardson@ftluptonfire.com Subject: USR 1508 Larry —You received a referral on this project from the Weld County Department of Planning Services. This is for construction of 2 broadcast towers near Frederick. Your reply to Planning was to insure that accesses remain open and have a width of 20' or more. I have attached an aerial map of the property showing the 2 existing accesses together with a copy of the recorded easement with PSCO for the accesses. The applicant states that the roads are already 20' in width and that they may widen them at time of construction. No gates are planned. Please send a letter to me acknowledging this contact and indicating that this will meet your requirements. The applicant is Longmont Broadcasting, LLC. Contact me if you have any questions. Thanks! Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970.356-1618 FAX 970-392-1618 5/19/2005 Page 1 of 1 Esther Gesick From: Chris Gathman Sent: Tuesday, August 02, 2005 11:21 AM To: Esther Gesick Subject: FW: Longmont Broadcasting Esther, Update on agreement for USR-1508 (Longmont Broadcasting). Chris From: Kirk Goble [mailto:kirk@bell5.com] Sent: Tuesday, August 02, 2005 11:13 AM To: Chris Gathman Subject: Longmont Broadcasting Chris — It appears the applicants have reached agreement with Ms. Wilson. Attached is a DRAFT letter that is what the parties will sign in substance. There may be a minor change, so I will provide copies of the final signed letter to you and the commissioners at the hearing tomorrow. Kirk Goble, Broker Accredited Land Consultant The Bell 5 Land Company 710 11th Avenue, Suite 107 Greeley, CO 80631 PHONE 970-356-1618 FAX 970-392-1618 HIBIT I 8/3/2005 P.O. Box 348 Sedalia,CO 80135 Longmont Broadcasting LLC August 2, 2005 Clerk to the Board of County Commissioners Weld County Centennial Center 915 10`h Street Third Floor Greeley, CO 80631 Reference, Docket#2005-56 Paragraph 2.c. Dear Sir or Madam: In compliance with Paragraph 2.c. of Special Review Permit#1508, the applicant, Longmont Broadcasting LLC, has reached an agreement with the property owner of lot B of AMRE-2425 (Elizabeth Wilson). Prior to the construction of the eastern tower, sought in the Permit, an Easement will be granted and recorded covering the outlines of the Potential Zone of Collapse. Sincerely, Concur, William Vanderpole Elizabeth Wilson President 6707 Weld Co. Rd. 19 Ft. Lupton, CO 60621 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS July 24, 2005. 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, Voneen Macklin, 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 USR-1508 IN THE AGRICULTURAL ZONE DISTRICT. Voneen Macklin Name of Person Posting Sign Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this 4day of LW— , 2005. 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(ri 7 r s,:,,r, }f ApJ 9>tia § c f{ ' , i.e t __ + '"rym �5_ y'" y4y "Fr �^Fa_ 4 .�'. 4r, ryxF t"' x y., k >" �� ,. §* t r F.r " ,5�`y ' ,"'; ��... 'w r. .t. y aey.�,�y.; i`>< d�'•+ "w .6"... . Y � ;`'{f .2"�s rr..,.�". faY� Purpose Longmont Broadcasting, LLC. . Construction of 2 broadcast towers • Towers are approx. 1,180 feet in height Use by Special Review • Located on a parcel of approx. 93 acres Frederick Tower Project • Located at WCR 15 and WCR 16 near Town of Frederick • Adjacent to a similar existing tower provides"clustering"or"tower farm" AN AVMs Reserved configuration 5 Tlied C Bells lanompany Location Reasons • Existing tower is inadequate for current y I r needs f. i•i f • Federal regulations require conversion to Digital TV in 2006 I E � • Location is best for front range broadcast area * a I • No other similar facilities exist to fill the need 4 Site _a,� r. 'armed Conformity ,. PSC0 R0WP q, • Proposed uses conform with Weld County 4 Code regarding Comprehensive Plan and Zoning District(confirmed by WCDPS) Existing Tower % 4 1 Longmont Broadcasting USR Application Map of Surrounding Property One x Soils, Overlay Districts Soils Map Geohazard Overlay aw t f. ag r +>w 4. 95 i y I r - ,A •• u I.'"'Y-"FvYNnpYT .< I Construction • 2 towers of 1,180 feet each • 1 to be constructed ASAP • 2nd within 5 years • Steel, highly engineered for structural safety • Single point base with guy wires • Various broadcast equipment on tower f 4 xyy x4 it 1'{6 TuYv 9 R 2 �'I —.....�..... rvf1D«wM1ROADa — LOTS ,. 6. . AV • 1 Ili u i I\\ d;* TOWER \ EXISTIC RLR1L Tower Elevation Sketch Plan Operation • Facility will operate 24 — 7 — 365 • Not manned • 2-4 Employee visits per week • Repair / Climbing 2-3 times per year . 41 3 Top of Empire State Building Antenna-1,454 feet _ t R II L V w , {jru ft; wa-` u _ III ^^nn�� vYltiRl� 1 � I �1 , - � vneo er vnna r•orr n.x..r.r. nrr Site Attributes Landscape • Location ideal for broadcast area • Current surface and existing runoff patterns will not change • Access assured by recorded agreement • Tower cannot be"disguised" • Fire protection provided by Ft. Lupton Fire • Only facilities are low profile buildings, guy • Septic system for sewage disposal anchors • Water supply from Central Weld County • Chain Link fence around all facilities Water District(can serve letter) • Chain link use for"see-through"character • Adjacent to existing facility • Constant visual for safety, security KIMeP Need CHEYENNE • No other similar towers in the Front Range ••• broadcast area serve this need 0 R ( E a RIM E R W E L I Q • Broadcast area encompasses Front -.. Range growing population area w P Pn56RO" • Federal requirement for DTV by 2006 s r* ° • Will provide for co-location and shared use < Ante to consolidate users . a r -- E4 yen—. - -- . 14 o � E R t PA R K T. v.-_: 4 Impact • Smallest practical visual impact —1,180 feet per tower(very narrow profile) —Guy wires give little visual impact —Low profile buildings —Chain link"see-through°fencing —Similar to other facilities of modern life • Light poles • Power lines E � � •Water tanks&towers .f ; • Grain elevators `^ " "' • Cell phone towers u • __ .atl:8 pia .; . Ht x t z aL Federal Agencies Structural Integrity • Federal Communications Commission • Professionally engineered design to (FCC) has issued an approved provide highest practical level of construction permit structural integrity —Approval includes safe level of allowable • Base and guys are designed to non-ionizing radiation from broadcasts withstand wind load, ice loading • Federal Aviation Administration (FAA) • Worst case tower fall design provides has issued an approval for folding in event of catastrophic —Approval indicates no interference with failure aircraft 5 wo i nu wow / .some I l l 1/4 i i i Security Mineral Issues • Facilities located well off county • All mineral interests have been road 'Nicer #y • All facilities contacted security fen ihcaieN kd it, s ae ). `,,,00'b/Nn4 • Have negotiated cooperative • Fence is high agreements or surface agreements enough to I • Tower facilities will accommodate and discourage can peacefully co-exist with existing oil climbing • All buildings &gas facilities, pipelines, &operation fenced, locked, secured 7 B / ,,,,,,,‘!"1:'; ,..):„):',v ", �v �� secur�w ren� se,,n r••� �--�—� mwm w•.oa F "> ro..n F O��/I � uar�c••�T ERE � �� 'O / R1 �� l `� 6 16 J' ,dpi , , itI —_"'—" or a maw ! jSetback Issues I us eeC°za ` / /� CI � Lc- _mean' . .'j / • Tower and guy location designed to m. ?' \ best fit the site i!§ �7Qr ;; ...*': • Insures operation and safety I�ie9 �._.. ----`=`- .._,z—_— • Cooperation with neighboring property gpt . :�.'T� owners ill: FLOW I -? o`° frc,pqsc1D sr sty c s TOWER I i ." l %� __\- Municipal Issues _ • Reply from Frederick only s'� -Zoning-WC zoning is appropriate , � -Future use-intended to be broadcasting '^c // = -Screening-no solid fencing or solid landscape ; = r 'o• � -• screening proposed. Provides better"see- , _ -_ _ through"with less visual blockage and PROPOSED OATH_s LEGS �� '-. • enhances observation for safety and security v• -Low profile buildings, narrow tower and guys a SEE f •\ , ' make smaller visual impact Disk, r` We . "NC -Preserves virtual open space •v,t -a -No IGA Summary • Need is clear and demonstrated • Site&Zoning is appropriate • Consolidation of facilities, users • Approval by Federal Agencies • Weld County requirements met • Impact reduced as is practical • Consideration of other users, neighbors • Applicant has made compliance efforts • Request approval 7 P.O.Box 348 Sedalia,CO 80135 Longmont Broadcasting, LLC August 2, 2005 Clerk to the Board of County Commissioners Weld County Centennial Center 915 10th Street Third Floor Greeley, CO 80631 Reference, Docket#2005-56 Paragraph 2.c. Dear Sir or Madam: In compliance with Paragraph 2.c. of Special Review Permit#1508, the applicant, Longmont Broadcasting, LLC has reached an agreement with the property owner of lot B of AMRE-2425 (Elizabeth Wilson). Prior to the construction of the eastern tower, sought in the Permit, an Easement will be granted and recorded covering the outlines of the Potential Zone of Collapse. Sincerely, Concur, William A. Vanderpoel / Elizabeth Wilson Vice President 6707 Weld Co. Rd. 19 Longmont Broadcasting, LLC Ft. Lupton, CO 60621 now O MEMORANDUM ittiv", iv �. TO: Board of County Commissioners 8/2/2005 COLORADO FROM: Chris Gathman - Planner II ,�. SUBJECT: Proposed revisions to the USR-1508 (Longmont Broadcasting, LLC) resolution The Department of Planning Services requests the following revisions to the USR-1508 resolution: A) Insert as Item 1.D and renumber subsequent conditions of approval: "The applicant shall provide a signed and recorded Surface Use Agreement with K.P. Kaufmann." B) Insert the following under item 1.D (the plat shall be amended to delineate the following): 5) "The broadcasting tower security fence shall be relocated so that it does not cross the existing KN Energy gas pipeline easement." 6)"The approximate locations of the K.P. Kaufmann flowlines shall be indicated." — C) The following note shall be added as development standard #30: "Prior to the construction of the eastern tower, an easement will be granted and recorded covering the Potential Zone of Collapse as outlined in the letter dated March 30, 2005 from Ernest R. Jones of ERI Installation, INC (included in the USR-1508 application materials). Evidence of such shall be submitted prior to release of building permits." Otte it-j---*-00: SERVICE,TEAMWORK INTEGRITY,QUALITY Hello