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Home My WebLink About20041385.tiff Weld County Planning Department SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIALGREELEY OFFICE REVIEW (USR) APPLICATION MAR 17 2004 FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: Appll�aticn Sdbmrttad Not Deemed Complete APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number t9 7 o q - o o o - o E(VED (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). /2-V-2402 Rec-413o//M/ Legal Description7ap oP Lei/ %{r 33/2 , Section,, Township 7 North, RangeocWest Flood Plain:2one C. Zone District: A-6- , Total Acreage: /2.o �� , Overlay District: Geological Hazard: /l/a.k/E , Airport Overlay District: ,}///9 FEE OWNER(S) OF THE PROPERTY: Name: /�€41in $. T///a_s Work Phone# 3o 7-4 0--e /S-Home Phone#1,7-6.37-....2.1‘c Email Address /a A 2O6 a fi s corn Address:/or'/ feho 9i eerd /7/ City/State/Zip Code e, ef (y/L / am/ T&XZr7 Name: V,c-'f r A. #Zo /, e/ r ,// Work Phone#1n7-77FT-27/rHome one#2.7-mss-SAY Email Address I/!r// Berney/ an/call Address: t'o 8-G7 C bva A ' City/State/ZipCode ( i/G////e_ w� g c'ei2 Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT ORAUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: /Z i7 2 %741/,-- z 5 Work Phone#3(7 ti-.Wg-Home Phone6,_ 7-n. SEmailAddress /'oS ?c7C elbinyn, !ate/ Address: /oaf sa/ir17 at: City/State/Zip Code onto S07 ce t) PROPOSED USE: /7 �/'/Ani ,n;/7! r:/07 / 4'r o /Gu.ae S cat14t- o(/et-A-,/ A4 ,6 OT /t&? rrrer) Ate eThp1oCY I (W e)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. .3-no/ 3—la^oy Signature: Owner or Authorized Agent Date Sig ure: Owner r t q zed Agent -1 = EXHIBIT 2004-1385 I oZ • FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: // "‘c. Business Name: //L'cdlo Aca�/74'e/ XtoeJas ,4 Phone: 3o7- 77t -9,�/p' Address: 6F07 /r0X,7,, a City,ST,Zip: ("Ivan''l / wy &dee, Business Owner: f1101jrn "7- Ti�o Phone: 3o7- G3a- .54e/f' Home Address: /Go/ feaY/i ry De". City,ST,Zip: (14eARe Gay b'oleo7 List three persons in the order to be called in the event of an emergency: NAME TITLE / ADDRESS ^ PHONE �a.�/4 t?. /4.41c, S Cianicu/2 Ard defeat/4i A . 4e Ana 47 -17 -a-lx-S4-1 o7ie- yA ///ii��a// 9/, 01A-,4,04,- in? ro7Ate £2 d4 ely 307- 63s 7 Aoy / /7/2/1/7,9/ 0a-41ass /I/472Al..r ei 2 "C;:-, (_c Or, L/�ynne,e-y �i7 G3s-cs�cfy Business Hours: ? ' 0c- A-m - c5-:' ayr e m Days: <5 G/oys Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of Alarm Company: Location of Safe: *********************************************************************************************************************************** MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 2)4l4- Location(s): Is alcohol stored in building?�fD1I,,A/q-Location(s): Are drugs stored in building?2 't 4 Location(s): 2Y'f Are weapons stored in building? Location(s): The following programs are offer d as a public service of the Weld County Sheriff's Office. Please indicate the programs of interest. 0-1A Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off: Exterior Water Shutoff: Interior Water Shutoff: -11- SITE SPECIFIC PLAN AND USE BY SPECIAL REVIEW(USR) REVIEW QUESTIONNAIRE USE OF PROPERTY and DESCRIPTION : The proposed use is for the construction of a"AM"radio broadcast transmission facility. The transmitting facility requires three(3)identical 183' (one hundred eighty three foot overall height)towers to meet the Federal Communications Commission technical requirements. This AM radio transmitting facility is the first licensed community service station for Pierce,Colorado. Pierce is the FCC permitted city of license for this radio station. The operating frequency is 870 kHz. This site will be used for transmission only and will not be a commercial site with traffic or normal business hours. No employees will be located at this site,only maintenance,repair or improvements will be made by a technician as necessary at this site. The towers are to be located in the Northeast section of Lot"B". Lot"B"is the South half of the Northwest quarter of Section 5,Township 7 North,Range 65 West of 6 P.M.,County of Weld,State of Colorado. The USR will use 12 acres of the 67.9+/-acres of Parcel Lot"B". The AM Radio Station FCC Application requires the use of three(3)towers to be built to meet the FCC technical requirements. These towers are identical in height,size and type(model). The towers will be 183' in overall height,triangular guyed with a 18"open lattice face(not a solid surface). The towers are galvanized steel with a galvanized gray steel natural color. No lighting or Aviation Orange or White paint is necessary because we are locating outside of the Aviation Overlay District and under 200' in overall height(attached is a copy of the NAB Tower handbook page 29 which states this requirement exemption). For this reason FAA form 7460-1 (Notice of Proposed Construction or Alteration)is necessary and will not be filed. A Site Plan has been included which shows the exact placement of the towers,the transmission building (equipment shelter),fences and distances between the towers and guy anchor locations. The placement of the towers meets and exceeds all code setbacks. The site is to be constructed exactly as shown. Each tower will be surrounded at the base with a fence. The fence will serve two(2)purposes. Purpose one>to keep unauthorized person(s)from gaining access to the towers or climbing them. Purpose two> To meet FCC adopted RF(Radio Frequency)Human Exposure Guidelines. Attached is a copy from the NAB(National Association of Broadcasters)Handbook which provides FCC generated charts giving minimum distances from the base of a tower to the surrounding fence for a transmitting tower operating in a given frequency range. The proposed frequency is 870 kHz and falls in the range of 750 kHz to 940 kHz. The proposed towers fall under the''A wave electrical chart. At the operating frequency of 870 kHz with a power level of 1,200 watts(proposed)the distance from the tower base to the fence perimeter should be slightly over 1 meter(3.28 feet). We propose to exceed this minimum distance for greater protection. Because we propose to fence all tower bases at a greater than 1 meter distance(between tower base and fence perimeter)there will be no danger from RF exposure to humans both controlled and uncontrolled access. A RF exposure sign(15"x 20")will be posted on each side of each fence(12 total). To construct the site typical concrete(9 cubic yard)delivery trucks and small to medium backhoe/ excavating equipment will be necessary. Only the ground necessary will be disturbed and care will be taken to not alter normal vegetation. After site completion there will be no heavy vehicles(greater than 8 ton gross weight)access the USR site for maintenance,repair or improvements. The towers will be"excited"from a transmission building(equipment shelter)located 100 feet Northwest of the most Westerly located tower. The shelter is a typical cellular or AT&T type building. The dimensions of the building are 20 feet long, 16 feet wide and 10 feet high. A single trench for necessary transmission cables will be located starting a the rear face of the building(east face)and run straight along the towers on a parallel line. The power and telephone service will be brought in from WCR39 overhead the first 1500 feet and underground the remaining to the equipment shelter. The color of the building is to be a Dark Tan or Medium Brown to blend with the surroundings. No Employees will be at this site,only routine maintenance,repair or improvement qualified technicians when necessary. No Water or Sewage systems are requested or required. No Storage of waste(hazardous or any other type)is not required and not proposed. No Landscaping will be proposed or completed. Existing grades and vegetation to be preserved to the extent possible. This USR request is for a permanent AM radio facility. Therefore,no termination of use is proposed and no reclamation procedure is defined or necessary. The construction and alterations proposed in this USR will not effect water or storm drainage in any way. The LOT is not in a flood district(see attached flood insurance rate map)and the completed construction will alter a minor area of the proposed 12 acre USR. Proposed construction of this site will begin immediately upon the building permit grants due to the FCC timeline for completed construction and operation. Construction will take 30-45 days to complete (weather permitting). Fire protection and response is from the city of Ault,State of Colorado. During construction storage of stockpile and waste will be kept in a steel rented 30 cubic yard dumpster for immediate removal when construction is completed. The dumpster will be covered by a tarp to keep any debris from being drawn out due to wind. WELD COUNTY CODE CHAPTER 22 and 23 CONSISTENCY and ELLAGABILITY: This USR proposal is consistent with Weld County Code,Chapter 23(Zoning),Division 9,Section 23-4- 800 through Section 23-4-890"Commercial Towers". The proposed 12 acre USR location described as>Lot B,67.97+1-acres,being the South half of the Northwest quarter of Section 5,Township 7 North,Range 65,West of B"P.M.,County of Weld,State of Colorado. This"Lot"is located in Zoned Agricultural District and is intended to provide areas for the conduct of other uses by right,accessory uses and uses by specific review. Currently this Lot is not used for any agricultural conduct. To separately address section 23-4-810"Preferred Commercial Tower Facility's"the below paragraph explains. Co-Location for this AM Radio facility is impossible. For AM radio service the tower is the antenna and this application requires three towers to be built at a specific height,type,azimuth and spacing to allow interaction within themselves to provide a directional antenna coverage broadcast pattern which meets the FCC(Federal Communication Commission)technical requirements. This site has been selected and designed after a great deal of time and consideration to minimize visual and environmental impact and to be located outside of the Weld County Airport Overlay District. This USR proposal is consistent with the Weld County Code Chapter 22 Comprehensive Plan and all county growth and needs amendments developed since early 2001. This USR proposal is allowed under the land use category,it will not have a Environmental Impact,will not alter Natural Resources,will not impact wildlife or effect adjacent landowner's. The Comprehensive Plan is the foundation which permits and has adopted means to allow this Use by Special Review request. /►/ CU S x 7'E // AN cs a cote- ? e a9 ^ '2. FAA Approval The FAA does not have the authority to enforce telecommunications tower regulations. This authority lies solely with the FCC. However, to help ensure the safety of air travelers, the FCC requires that the FAA be notified of any proposed construction oo or modification to, a tower that is more than 200 feet above ground. It also requires that the FAA be notified of any proposed construction of, or modification to, a tower that is within the protected airspace surrounding a public airport. Some airports throughout the country are private and not regulated by the FAA. I nral restrictions may apply to the construction of towers near those airports and local authorities should be consulted whenever such construction is planned. This section applies to FAA requirements that apply to public airports. Upon notification of a proposed tower construction or modification, the FAA will review the proposal to determine: (a)whether the proposed tower structure itself would be a hazard to air navigation; and (b)whether the radio frequency emissions from the tower would be a hazard to aeronautical communications. If the FAA determines that a hazard would exist, it notifies the FCC which, in turn, notifies the applicant. The applicant must then revise the application to address the FAA's concern. The only criterion used to determine if FAA notification is required is the height of the tower. However, once the FAA has been notified, it will review a proposed antenna's RF . missions as part of its clearance process. 2.1. Tower Structure protected airspace surrounding an airport is based on the size of the airport's longest y. For the purpose of determining protected airspace, three different categories of • rts ex ist.28 These are: airports that have at least one runway that is longer than See Section 17.7 of the FCC rules. 29 1.5.2. Distance from Tower to Fence(AM Towers) The fence should be located far enough from the tower so that anyone standing outside of the fence will not be exposed to radio frequency fields in excess of the FCC limits for general population/uncontrolled exposure. Because the areas where exposure to RF energy in excess of the FCC limits will be in the near-field of an AM broadcast antenna, compliance with both the electric and magnetic field limits must be evaluated. (In contrast, for FM and TV broadcast facilities, compliance at the base of the tower can generally be based on measurements of either the electric or magnetic field because compliance with one of these in the far field of the antenna will generally mean compliance with the other.) The Environmental Protection Agency(EPA) developed a computer program that was used by the FCC to predict how far away a person must be from an AM tower to ensure compliance with the FCC's limits for electric and magnetic field human exposure. Using the EPA program, the FCC produced four tables(one each for four different tower heights)that can be used to determine the required distance between the tower and the fence.20 The FCC tables are reproduced here as Table 7 (a)-(d). For transmitter power values and/or tower heights that are not listed in Table 7 linear interpolation may be used. Table 7: Minimum Required Distances from Various AM Towers to Their Fences (a) 1/10-Wave Tower 3rararutt ertewer{I .. .. ........ .. . 1 535741 _e; =';=T=- 13m 7m 6m 3m •::.g50ANA,-__:s___: 12 m 7m 5m 3m '93#413 : _= =_- 11 m 6 m 5m 3 m 5111.564540;;;;;;;.--- - 10m 6m 5m 3m a350::41540 10 m 6m 5m 3m :155101745` 10m 6m 5m 3m 1 m=3.28 feet 2D see FCC OET Bulletin No.65,Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,Supplement A,August 1997,pp. 1-5. (This publication can be found in Appendix F.) 20 ,'� (b) .7..Y pa_ 0.p row e-rL p ice-bat 1/4-Wave Tower er — -S .......................... _ T 3.a- ' Y ro-r f-'fi40 = 4m 2m 2m in Moto' Aus2 e S��? 730-ld0'" = 4m 2m 2m 1m /OG0 Gr tTT 06o hrta _ -�,JLS IL-4 =--z 4m 2m 2m '4113a.1344KEE-a 4 m 2 m 2 at 1 m 3360434Yklit__ 4m 2m 2m 1m S _. _ _c_ „-}53i1<78:C;= `-:-� S m 2 m 2 m l m 1m=3.28 feet (c) 1/2-Wave Tower Fregaeney(k ial :::_::50 _...;=1k _` 51-41""-- 1 ;1535-74(l=-.::::,_::,; 4 m 3 m 2 m 2 m 750 940 -==_...._ 4m 2m 2m 2m 950`R1340.tgra_ 4 m 2 w 2 m 1 m 715*13iW-= 4m 2m 2m 2m r. :43503540::::_.._... . 4 m 2 m 2 m 2m 551/4705:.....:::__-_:: 4m 3m 2m I 1m 1m=3.28 St (d) 5/8-Wave Tower ',Frequeae!'iiint) •.50 10 5._—_ 1 :..__ 535=440' . 4 m 3 m 2 m 1 m •e75O-9144-._._. .__..__ 4 m 2 m 2 m 1 m 9311-1140-.::_ _.....__. 4 m 2 m 2 m 1 m 3150443481-..._.._.._: 4 m 2 m 2 m 1 m a3564.540:::_.___ _ 4 m 2 m 2 m 1 m 15503703 4 m _ 2 m . 2 m . 2 m 1 m=3.28 feet The tower heights listed in Table 7 are the electrical heights. The electrical height of most AM towers is generally a little higher than the physical height berause the velocity of 21 Callsign: KJMP Permit No. : BNP-20001023ACQ Special operating conditions or restrictions: 1 A complete nondirectional proof of performance, in addition to a complete proof on the day and night directional antenna system, shall be submitted before program tests are authorized. The nondirectional and directional field strength measurements must be made under similar environmental conditions. 2 Permittee shall install a type accepted transmitter, or submit application (FCC Form 301) along with data prescribed in Section 73.1660(b) should non-type accepted transmitter be proposed. 3 A license application(FCC Form 302) to cover this construction permit must be filed with the Commission pursuant to Section 73.3536 of the Rules. *** END OF AUTHORIZATION *** FCC Form 351 August, 1997 Page 4 of 4 3-18-04; 4.07PM;COMMEPCIAL LOANS ;307 778 5306 # ° TO: Sheri Lockman—Weld County Planning FROM: Vic Michael—Radio Frontier Broadcasting, LLC DATE: 3/18/04 RE: Affidavit for RFB PAGES: 5 Sheri, Attached is the affidavit for Radio Frontier Broadcasting,LLC as per your request. Hopefully it is what you are looking for. If you have any questions or need any other information, please feel free to call me. Thanks! Vic Michael 6807 Foxglove Drive Cheyenne, WY 82009 307-778-9318 307-632-9349(fax) 307-630-8867(cell) vicmichael©aol.com 3-18-04; 4.07PM;COMMERCIAL LOANS ;307 778 5306 # AFFIDAVIT This affidavit is to certify that Victor A. Michael, Jr. and Robin B. Thomas are the sole joint members of Radio Frontier Broadcasting,L.L.C. Radio Frontier Broadcasting,L.L.C. is duly organized under rules, laws and regulations of the state of Colorado. Radio Frontier Broadcasting, L.L.C. Federal Tax Identifications number is 20- 0828110. Victor A. Michael, r. Member Radio Frontier Broadcasting, L.L.C. 6807 Foxglove Drive Cheyenne, WY 82009 307-778-9318 Dated: March 18, 2004 Notarized: W14L*4S,d Ala Igik dal of V'l7at,2oo1us14-MlA.4_, RHONDA KAISE -p NOTARY PUBLIC COUNTY OF I` STATE OF LARAMIE n a WYOMING MY COMMISSION EXPIRES NOV.23 2006 3-18-04; 4;07PM;COMMERCIAL LOANS ;307 778 5306 # 3/ WYATT & WYATT, uc ATTORNEYS AT LAW BILL WYATT 222 WEST MAGNOLIA STREET TELEPHONE(97O)aaa-1112 DAVID R.WYATT FAX(070)4S41190 FORT COLLINS.COLORADO 90521-a000 March 8, 2004 Colorado Secretary of State Corporations Division 1560 Broadway, Suite 200 Denver, CO 80202 Re: Radio Frontier Broadcasting,LLC Ladies and Gentlemen: Enclosed are Articles of Organization for Radio Frontier Broadcasting, LLC for filing and our check for$55; $50 for the filing fee and $5 for the certificate. If you have any questions concerning this filing, please contact us. Thank you. Sincerely, Ginger Slatten Legal Assistant Enclosures 3-18-04; 4:07PM;COMMERCIAL LOANS ;307 778 5306 # 4/ ' ,-. ARTICLES OF ORGANIZATION OF RADIO FRONTIER BROADCASTING, LLC Pursuant to § 7-80-203, Colorado Revised Statutes (C.RS.) the individual named below causes these Articles of Organization to be delivered to the Colorado Secretary of State for filing, and states as follows: 1. The name of the limited liability company is RADIO FRONTIER BROADCASTING, C.L.C. 2. The period of its duration is thirty-five (35)years from the date of filing of these Articles of Organization with the Colorado Secretary of State. 3. The principal place of business of the limited liability company is 222 West Magnolia Street, Fort Collins, CO 80521. 4. The name and business address of the registered agent for service of process on the limited liability company are: Bill Wyatt 222 West Magnolia Street Fort Collins, CO 80521 5. The management of the limited liability company shall be vested in the members/managers. The name and business address of the initial member/manager is: Victor A. Michael, Jr. 6807 Foxglove Drive Cheyenne, WY 82009 6. The (a)name or names, and (b) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice of filing of this document if it is refused are: Bill Wyatt 222 West Magnolia Street Fort Collins, CO 80521 3.18-04; 4:07PM;COMMERCIAL LOANS ,307 778 5308 # c, The Colorado Secretary of State may contact the following authorized person regarding this document: Bill Wyatt Wyatt & Wyatt, LLC 222 West Magnolia Street Fort Collins, CO 80521 Telephone: 970-484-1112 Fax: 970-484-1170 E-mail: wyattlaw@gwest.net Hello