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HomeMy WebLinkAbout20043462.tiff opi RESOLUTION RE: ACTION OF THE BOARD CONCERNING CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR#325, - CROWN CASTLE ATLANTIC, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated June 9, 2000, the Department of Planning Services approved the application of Crown Castle Atlantic, LLC, 7300 Miller Place #B, Longmont, Colorado 80504, for Site Plan Review, SPR #325, for a 70-foot monopole cell tower and support equipment buildings on the following described real estate, to wit: Lot A of Recorded Exemption #44; located in the E1/2 NE1/4 of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 7, 2000, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) for Site Plan Review#325 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Crown Castle Atlantic, LLC with terms and conditions being as stated in said agreement, and accepted collateral to ensure the requirements of said agreement, and WHEREAS, on August 27, 2001, by Resolution #2001-2418, the board approved the release of said collateral, and accepted replacement collateral in the form of Permit Bond #6122758, issued by Safeco Insurance Company of America, in the amount of$43, 500.00, to cover the Landscaping portion of said agreement, and WHEREAS, the Board of County Commissioners has received a request for the full release of said collateral from Crown Castle Atlantic, LLC; however, the Department of Planning Services staff has recommended denial of said request, and WHEREAS, a hearing before the Board was held on the 6th day of December 2004, at which time the Board deemed it advisable to continue said matter to December 13, 2004 at 9:00 a.m., and WHEREAS, at said hearing on the 13th day of December, 2004 after review, the Board deemed it advisable to refer said matter back to the Department of Planning Services. 1111111111111111111111111111111111111111011111111111 2004-3462 3253100 01/14/2005 11:41A Weld County, CO PL1429 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder -ate ��� CANCEL COLLATERAL - CROWN CASTLE ATLANTIC, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED be the Board of County Commissioners of Weld County, Colorado, that the request for release of the collateral in the form of Permit Bond #6122758, issued by Safeco Insurance Company of America, in the amount of$43,500.00, be, and hereby is, referred back to the Department of Planning Services. WHEREAS, after review, the Board deems it advisable to continue said matter to December 13, 2004, at 9:00 a.m., to allow the applicant to attend the meeting. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS IFdild 402% W D U TY, COL ADO Robert D. Masden, Chair sbi rk to the Board10, �` �✓ William H. J <e, Pro-Tem Clerk- o th oard ile APP AS TO F c4.- O David E. Long un y A Lorne Glenn Vaad Date of signature: /VA y(5' 111111111111IIII! 111111111111 /IIIMIIIIII11111III/ 111 3253100 01/14/2005 11:41A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-3462 PL1429 C O /N Crown Castle Atlantic LLC Tel 480 735.6900 VA AST_E Southwest Region Fax 480 735.6906 INTERNATIONAL 9830 South 51st Street www.crowncastle.com Suite A-I36 Phoenix, AZ 85044 7/20/04 Clerk to the Board Weld County Colorado 915 10th Street PO Box 758 Greeley, CO 80632 Re: Permit Bond# 6122758 Dear Michelle Katyryniuk, I am writing to request a release of permit bond# 6122758 from Safeco Insurance Company of America on behalf of Crown Castle Atlantic, LLC. The permit bond was required for SPR#325. Crown Castle feels it has met all requirements for this bond and no longer needs collateral. Please notify us of your decision at the following address: Crown Castle 9830 S. 51st Street Suite A-136 Phoenix, AZ 85044 Attn: Matt Dostal 480-241-6363 T , you, / iK491 7 M [thew Do Field Manager m r r ` o 2004-3462 Kits I DEPARTMENT OF PLANNING SERVICES C 1555, N. 17TH AVENUE O GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) X(97 304-EXT.6498 FAX(970)304-6498 November 22, 2004 Tom Duffek Crown Castle International 7300 Miller Drive, Suite B Longmont, CO 80504 Subject: Site Plan Review 325 Dear Mr. Duffek: In early November 2004, , the Department of Planning Services preformed a site investigation of the completed improvements for a seventy(70)foot monopole cell tower and supporting equipment buildings located at 3822 State Highway 119, at the request of Crown Castle, the applicant. Staff determined that the landscape improvements have not been met in several locations. A discussion of this topic follows: Detail 1 of Drawing A1.0, titled "Survey/Landscape Plan" delineates four plant species that were approved by the Department of Planning Services for installation at this facility. Further, the layout and location of the approved materials is noted on this Plan. In addition, this note is on the plat: "Maintenance & Irrigation Schedule: Crown Castle will contract with a local Landscape Company to water trees during the Spring to Fall growing season and twice during the Winter for a period of two (2) years. Plant material will be replaced and maintained as required on an ongoing basis for the full term of the lease." That being said, the field check for the above referenced property determined that the approved plant material in several instances had been substituted, specifically, Fallugia paradoxa, Apache Plume. Potentilla fruticosa'Gold Drop',Gold Drop Potentilla was substituted for this plant. Further, the locations of the plant material is entirely different than delineated on the above referenced plan. Additionally, several Pinus ponderosa, Ponderosa Pine; Pinus edulis, Pinyon Pine; and Juniperus scopulorum 'Cologreen', Rocky Mountain Juniper are either severely stressed, dying or dead. Staff noted four dead trees, two dying trees and numerous stressed trees, primarily due to lack of water and adequate nutrients, in the form of fertilizer. Referencing the same drawing, the Plan Detail notes "native grasses to remain, restore all disturbed areas with native seed (Arkansas Valley Seeds, Inc. Dryland Pasture Mix-1 at 1000 pounds/square foot). Grass seed to be broadcast per Colorado Nurseyman Association (CNA) specifications." Staff did not view evidence that this had been accomplished, nor was there evidence that any attempt had been made to establish the Dryland Pasture mix. Staff did note a vigorous growth of noxious weeds on site, specifically in the disturbed areas of construction and in and around all tree saucers. The Department of Planning Services has determined that the release of collateral (Release of Safeco Insurance Company of America, Bond number 612-27-58) may be premature given all issues associated with this development. Staff will be recommending to the Board of County Commissioners that the existing collateral be retained pending completion of the above referenced items to the satisfaction of the Department of Planning Services. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Ki e Planritn Manager electronic copy: L.Morrison,Attorney's office M.Mika,Director Planning File SPR 325 fetes MEMORANDUM �. TO: Board of County Commissioners COLORADO DATE: November 22, 2004 FROM: Kim Ogle, Planning Manager Vo SUBJECT: Crown Castle International 7300 Miller Drive, Suite B Longmont, CO 80504 Site Plan Review 325 In early November 2004, the Department of Planning Services preformed a site investigation of the completed improvements for a seventy (70) foot monopole cell tower and supporting equipment buildings located at 3822 State Highway 119, Case number SPR-325 at the request of the Clerk to the Board's office. The completed improvements for which a draw is being requested includes Landscape & Fencing improvements. The Department of Planning Services' recommends the withholding of the improvements collateral until the dead, dying or missing landscape items have been replaced and all areas suffering from erosion and/or containing noxious weeds have been addressed. In June 2003, the applicant submitted a replacement bond for forty-three thousand five hundred and no/100s ($ 43,500.00) dollars from the Safeco Insurance Company of America, Bond number 612-27-58 with no expiration. Given the present site conditions, the Departments of Planning Services recommends that forty-three thousand five hundred and no/100s ($ 43,500.00) dollars be retained until such time that the existing site improvements have been addressed and approved by this office. I. .t A 1{.3+` ' . r ety 4" }' `ado- i g�'� 7`14 ''A�'�;i, ,- X `lA" ` rl J . t , .•' :.� • .i 4 °�.°.�, ., ... 's. . 4- N. ,. 1 tt '�f 1,• 7..4.R7:4-/,: y."R ts ' rw• r `.y y}n t.J ' a, By r �' J " '".' ydd 'te �. art ,-') it i i' �}�� �' _ q ;;,,,,:e, c".,74,74,,--14. „All, � hv YA A } r) !^ A , � Ai •itq., # Yr' R tC*f xA 7 , °°'F �. �A ; i t 9r +Y F r \: 4cT `s v� li.) `, '''' 4rA "t fh f 1 ,4,;7,.. r 1} ,_ f 1., qy Srf ifs? 7 '« „+1� ', 4j rai 'eb x it-'/-Ti i .1 ' .� .t _ r1y T 'z Syr '� i.-i 4b"i . 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Thank you From: Duffek,Tom [mailto:Tom.Duffek@crowncastle.com] Sent: Sunday, December 12, 2004 10:39 PM To: Kim Ogle Cc: Gauthier, Mary; Walker, Robert; Gettinger, Scott Subject: Weld County Colorado SPR 325/ Crown Castle Longmont 801722 Kim, Please hold the bond on the Crown Castle telecommunication site located at 3822 Hwy 119, Longmont CO 80501, until the issues of the weeds and landscaping is addressed. Crown Castle is working with a contractor to correct the outstanding issues. If you would send me your contact information we will notify you when the work has been completed. Thank you, Tom Duffek Field Manager Crown Castle USA Inc. 9830 South 51st Street Suite A-136 Phoenix, AZ 85044 480 735-6933 office 480 225-5656 cellular 480 735-6906 fax 12/13/2004 Page 1 of 1 } Carol Harding Tti From: Kim Ogle f' f 2 t.] 12: 00 Sent: Monday, December 13, 2004 7:38 AM To: Carol Harding; Debra Miller CC; ED Cc: Kim Ogle Subject: FW: Weld County Colorado SPR 325/Crown Castle Longmont 801722 Please add to case file for the 900A hearing today. Thank you From: Duffek,Tom [mailto:Tom.Duffek@crowncastle.com] Sent: Sunday, December 12, 2004 10:39 PM To: Kim Ogle Cc: Gauthier, Mary; Walker, Robert; Gettinger, Scott Subject: Weld County Colorado SPR 325 I Crown Castle Longmont 801722 Kim, Please hold the bond on the Crown Castle telecommunication site located at 3822 Hwy 119, Longmont CO 80501, until the issues of the weeds and landscaping is addressed. Crown Castle is working with a contractor to correct the outstanding issues. If you would send me your contact information we will notify you when the work has been completed. Thank you, Tom Duffek Field Manager Crown Castle USA Inc. 9830 South 51st Street Suite A-136 Phoenix, AZ 85044 480 735-6933 office 480 225-5656 cellular 480 735-6906 fax 12/13/2004 ©0y_ 3 III:9-- Hello