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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT FOR THREE RADIO TOWERS WITH A MAXIMUM HEIGHT OF 249
FEET AND FOR AN AM RADIO STATION IN THE A (AGRICULTURAL) ZONE
DISTRICT - DON A. AND SHARON E. WIEDEMAN
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 , the Board of County Commissioners held a public
hearing on the 15th day of February, 1989 , at the hour of 10 :00
a.m. in the Chambers of the Board for the purpose of hearing the
application of Don A. and Sharon E. Wiedeman, 26886 Weld County
Road 17 , Johnstown, Colorado 80534 , for a Site Specific
Development Plan and Special Review Permit for three radio towers
with a maximum height of 249 feet and for an AM radio station in
the A (Agricultural) Zone District on the following described real
estate, to-wit:
Part of the W} , Section 21 , Township 5 North,
Range 67 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, Don Wiedeman, one of said applicants. was present,
and
WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and, having been fully informed, finds that this
request shall be approved for the following reasons:
1 . The submitted materials are in compliance with the
application requirements of Section 24 . 7 of the Weld
County Zoning Ordinance.
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 .4 .2 of the Weld County Zoning Ordinance as follows:
.740463 / '
�� 890168
Page 2
RE: USR - WIEDEMAN
a. The proposal is consistent with the Weld County
Comprehensive Plan' s Urban Growth Boundary Goals
and Policies. The Town of Milliken, in a verbal
response on January 9 , indicated no objection to
this proposal.
b. The proposed use is consistent with the intent of
the Agricultural Zone District and is provided for
as a Use by Special Review.
c. The proposed use is compatible with the existing
surrounding land uses which include row crops, a
rural residence, oil and gas production and a
mobile phone tower. The use will be compatible
with the future development of the surrounding area
as permitted by the Agricultural Zone District.
Special Review Permit Development Standards will
ensure continued compatibility with the surrounding
land uses. No objections have been received from
surrounding property owners.
d . No overlay districts affect the site.
e. Special Review Permit Development Standards will
provide adequate protection of the health, safety
and welfare of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that a Site Specific
Development Plan and Special Review Permit for three radio towers
with a maximum height of 249 feet and for an AM radio station in
the A (Agricultural) Zone District on the hereinabove described
parcel of land be, and hereby is, granted subject to the following
Conditions:
1 . The attached Development Standards for the Special
Review Permit shall be adopted and placed on the Special
Review plat prior to recording the plat. The plat shall
be delivered to the Department of Planning Services and
be ready for recording in the office of the Weld County
Clerk and Recorder within 15 days of approval by the
Board of County Commissioners.
2 . 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.
890168
Page 3
RE: USR - WIEDEMAN
3 . Prior to construction of the towers over 200 feet in
height, the applicant shall submit evidence of
compliance with the Federal Aviation Administration
regulations including an impact study on the safe and
efficient use of airspace by aircraft, to the Department
of Planning Services .
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 15th day of
February, A.D. , 1989 .
L:U
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County )7-
erk and Recorder EXCUSED
and Clerk to the Board C.W. Kirby, Chairman
a ne o nson, Pro-Tem
eputy County erk he nG
APPR VED AS TO FORM: ene . Brant e l
.. J
OrCcLe___ /" George Ken edy
62
z3
ounty Attorney
Germ °I f
890168
DEVELOPMENT STANDARDS
Don A. and Sharon E. Wiedeman
USR-871
2 . The Site Specific Development Plan and Special Review Permit
is for three radio towers with a maximum height of 249 feet
and for an AM radio station in the A (Agricultural) Zone
District as submitted in the application materials on file in
the Department of Planning Services and subject to the
Development Standards stated herein.
2 . Approval of this plan may create a vested property right
pursuant to Article 68 of Title 24 , C.R.S. , as amended.
3 . No permanent disposal of wastes shall be permitted on the
Special Review site.
4 . The septic system for the office studio shall be designed by
a Colorado Registered Professional Engineer according to the
Weld County Individual Sewage Disposal Regulations.
5. Any harmful interference caused by any frequencies
transmitted from the towers shall be corrected by the
applicants at their expense. The applicants shall comply
with all recommendations of the Weld County Communications
Advisory Board.
6 . All construction on the property shall be in accordance with
the requirements of the Weld County Building Code Ordinance.
7 . The property owner or operator shall be responsible for
complying with the Design Standards of Section 24 .5 of the
Weld County Zoning Ordinance.
-8 . The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24 . 6 of the
Weld County Zoning Ordinance .
9 . Personnel from the Weld County Health Department and Weld
County Department of Planning Services 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 .
89016E
Page 2
DEVELOPMENT STANDARDS - WIEDEMAN
10. The Special Review area shall be limited to the plans shown
therein and governed by the foregoing Standards and all
applicable Weld County Regulations. Major 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 Planning Commission and the 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.
11 . 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 .
890168
HEARING CERTIFICATION
DOCKET NO. 89-7
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT TOR THREE
RADIO TOWERS WITH A MAXIMUM HEIGHT OF 2149 FEET AND FOR AN AM RADIO
STATION IN THE A (AGRICULTURAL) ZONE DISTRICT - DON A. AND SHARON
E. WIEDEMAN
A public hearing was _conducted on February 15, 1989, at 10:00 A.M. ,
with the following present:
Commissioner U.W. Kirby, Chairman - Excused
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner
Commissioner George Kennedy
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, _Lee D. Morrison
Planning Department representative, Lanell Curry
The following business was transacted:
I hereby certify that pursuant to a notice dated January 23, 1989, and
duly published February 1, 1989, in the Platteville Herald, a public
hearing was conducted to consider the request of Don A. and Sharon E.
Wiedeman for a Site Specific Development Plan and Special Review Permit
for three radio towers with a maximum height of 249 feet and for an AM
radio station in the A (Agricultural) Zone District. Lee Morrison,
Assistant County Attorney, made this matter of record. Lanell Curry,
Planning Department representative, presented the favorable
recommendation of the Planning Commission and said an additional
Development Standard has been recommended to satisfy concerns of the
Weld County Communications Department. Don Wiedeman, one of the
applicants, came forward to answer questions of the Board. He said he
has no problem -with any of the recommended Conditions and Development
Standards. No public comment was offered concerning this request.
Commissioner Lacy moved to approve this request for a Site Specific
Development Plan and Special Review Permit, subject to the amended
Conditions and Development Standards. The motion was seconded by
Commissioner Kennedy, and it carried unanimously.
-This Certification was approved on the 22nd day of February, 1989.
APPROVED:
(61.-,.:,k tic.tv'1. ,Ltsi BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County -Clerk and Recorder EXCUSED
and Clerk to the To C.W. Kirby, Chairman
eputy County erk .c li John.o Pro-Tem
Gene R. Brantner
George Kgnne.iy
Go .eha cy
_TAPE #89-7
DOCKET #89-7
PL0463
890168
PUBLIC NOTICE
The Board of County Commissioners of Weld County, Colorado, on February 15,
1989, conditionally approved a Site Specific Development Plan and a Special
Review Permit for the property and purpose -described below. Conditional
approval of this plan creates a vested property right pursuant to Article 68
of Title 24, C.R.S. , as amended, for a period of three years.
APPLICANT: Don A. and Sharon E. Wiedeman
26886 Weld County Road 17
Johnstown, Colorado $0534
LEGAL DESCRIPTION: Part of the W} of Section 21, Township 5 North,
Range 67 West of the 6th P.M. , Weld County, Color-ado
TYPE AND INTENSITY OF APPROVED USE: Three radio towers with a maximum
height of 249 feet and an AM radio station in the A (-Agricultural) Zone
District
SIZE OF P-ARCEL: 10.5 acres, more or less
Failure to abide by the terms and conditions of approval will result in a
forfeiture of the vested property right.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY ELE-RR AND RECORDER
AND CLERK TO THE BOARD
BY: Mary -Reiff, Deputy
PUBLISHED: February 22, 1989, in the Platteville Herald
890168
Affidavit-of Pubticatton
STATE OF COLORADO
County of Weld ss. -
I A.Winkler Rleselof said County of Weld being dulysworn.say
that I am publisher of
PLATTEVILLE HER-ALD
that. the-same is weekly newspaper of general circulation was
prhited and published in the town of /1 IC NOTICE
PL ATT�VILLE TM - 4C+eurieenel
in said county and state that thenotice of advertisement,of which SWild-Cr* Coloreds on Fehruery
nit MtMlk1rly aPAways a
the annexed is-a true_copy-has been_published in said weekly DEraMNowt Wien and a
newspaper for SparJY Point►ot for the property as testa ht Waaao Ar a
consecutive weeks: vested pro9dtb rand pursuant b ArtF that the notice was-published in the regular and entire issue of every Jar a el od 2d,C•RS,n mended.
number of said newspaper dining the period and-time of publication for a perloddlllww aeon.
of said-notice and in the newspaper proper and not in a supplement APPLICANT::Din-A.ld Sharon E.
thereof:that the lint publication of said notice-was contained in theMoanw
tss of said newspaper bearinglhe date of 17;Johnstown,Colorado 60534.unty
Roatl
2Z--A.D..19f9 and the fast publication LEGAL DESCRIPTION:Part a the W1/4thereof,in the of said newspaper bearing date, N Weld
of Section 21,Tashi,SWeld Res
67 Meet el RaY P.M., Cowy,
the 2Z.- day of Cobra
0 TYPE;AND INTENSITY a Ith a wax.
•^^ `�^�6 1 s that the said USEs-
ewn Tlaaee/e 9 lost end a ear
redo Aal�d31'18 Met acid an AM
rabct SrNaA(ArbmwMIna
PL-ATTEVILLI HE-RALD 01q"c°
has been published continuously and uninterruptedly ng the SIZE OF PARCEL:10.5 aver,is a
sharing
period of at least tfty-two consecutive weeks-ext prior to the first less.
Issue thereof containing said notice or advertisement above referred
to: and that said newspaper was at the time of each of the Pen 01 oMyy the wit erq rn
publications of said notice duly qualified for that purpose within the olive N eery in t.
meaning of an act entitled, "An Act-Concerning Legal Notices, vested prsPerb HOC
Advertisements and •.blications and the Fees of : and BOARD OF
Publishers thereof, .d to Repealall Acts :. - of is
Conflict the ons ofthla MC a COUNTY COMMISSIONERS
all amen 1 7 192 .and WELD COUNTY,COLORADO
rents . ,^.l parbcularl Rg7Ep
approved /1.'< -- an
. a yy end3e act / COUNTY YNTY MARY ANN CUREAND-RECORDER
O ✓/ MOWERS TO THE BOARD
Publisher MY:May Reiff Dandy
Sub>, be: end sworn to before this 2--'day o f PUBLISHEDPA IN-THE PLATTEVILLE
!1 t •-y A.D. "1199971 kA�J February 22,1969.
U Notary Public
415 P-ENVE-R AVENUE - ---
FT. LUPTON, CO 80611
My commission expired.June 1992
'ay CL'T:i:''c .�„ o.r:7ire I'm^E 211, 1092
890168
ATTENDANCE RECORD
PLEASE write or print legibly your name, address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY'S HEARINGS ARE AS FOLLOWS: FEBRUARY 15, 1989
DOCKET # 89-7 USR-RADIO TOWERS IN THE A (AGRICULTURAL) ZONE DISTRICT - DON & SHARON WIEDEMAN
DOCKET #
DOCKET #
NAME ADDRESS HEARING ATTENDING
6 Fa E, G ..C . 7 feA.„xn,.
LipAA„ flat/1,4m,tP.A., CL)-ePd d eatite 64,1ctyicc'%n4 JDiL C
89U2.b8
NOT I C R
Pursuant to the zoning laws of the :-tate of Colorado and the Weld County
Zoning Ordinance, -a public hearing will be field in the Chambers of the Board
of County Commissioners of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Rloor, Greeley, Colorado, at the time
specified. All -persons in any manner Interested in the Site Specific
Development Plan and Special Review Permit are requested to attend and -may
be heard.
Should the applicant or any interested party desire the presence of -a court
reporter to make a record of the proceedings, in addition to the taped
record which will be kept during the hearing, the Clerk to the -Board's
Office can be contacted for a list of certified court reporters in the area.
If a court reporter is obtained, the Clerk to the Board's Office shall be
advised in writing of such action at least five days -prior to the hearing.
The cost of engaging a court reporter shall be borne by the requesting
party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the -office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial -Center, 915
10th Street, Third Floor, -Greeley, Colorado.
-APPLICANT
DOCKET NO. 89-7 Don A. and Sharon E. Wiedeman
26886 Weld County Road 17
Johnstown, Colorado 80534
DATE: February 13, 1989
TIME: 10:00 A.M.
REQUEST: Site Specific Development -Plan and Special Review Permit - Three
radio tower-s with a maximum height of 249 feet and for an AM radio
station in the A (Agricultural) Zane District
LEGAL DESCRIPTION: Part of the W} of Section 21, Township 5 North, Range 67
West of the 6th R.M. , Weld County, Colorado
LOCATION: Approximately 2 miles northwest of the Town of Milliken; east of
Weld County Road 17, north of Weld County Road 54
BOARD OF COUNTY COMMISSIONERS
WELD -COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: January 23, 1989
PUBLISHED: February 1, 1989, in the Platteville Herald -p�{�.� ��p
7V1v0
xhiLH- E
NOTICE ,
Affidavit-1:1f PubL cation =
iits.' aft Da of the
sent the Weld
Courtly' oning -Ordinance, a
'Ma herding will be held in the
Clwspore of the Board of County
Comllye.lem a of Weld County,
Colorado, Weld _County ..
STATE OF COLORADO DentaliBO Center, 915 10th
County of Weld es. Street;ludo,-attewl Floor,
pin.0.
All pariahs insny manner inter-
eatettn`iin the Site• yeellle
I A.Winkler Rlesel of said County of Weld being duly sworn,say Development Plan and Special
that I am publisher of Review Permit yre requested to
rdyad40gq maybe hosed.
PL-AT7EVILLE HERALD Shield the-applicant or any
interwled:party_desire the pees- .
that. the same is a weekly newspaper of general circulation was once q�court reporter to make•
printed and published in the town of rec nlaq We proceedings, in ad-
dition to the toped record-which
PLATTEVILLE A T T E V I L L E will.brdtppt during the hearing,
-the_COD to the Board's Office
inlaid county-and state that the notice of advertisement,of which ten be tentacled for•list of cer-
the annexed is a true copy has been published in said weekly tilled court reporters InShe area.
newspaper for it•eo1St reporter is obtained, the
/f� Clerk to_the Board's Office shall
(0 Y be at ykred in-writing of such ao-
xonaecutive weeks: don al iaS live days prior to the
that the notice was-published In the regular and entire issue of every Marino. The cost of engaging . .
number of said-newspaper during the perktdand time_of publication court reporter shall be borne by
of said notice-and in the newspaper_proper and not in a-supplement BE 1T ALSO KNOWN that the
thereof:that the first publication of said notice was contained in the Mat W4 maps so cerWied by the
1 of said newspaper bearing the date of Weld Yeunty " Planning
CoI -A� .1_c� the o i may be examined e
9! and the last publication the office of Clerk a in the
thereof-4T the e of said newspaper,bearing date, Board.4 County Commissioners,
local.. the Weld County
1 De . Center, _eel seen
day of the Bw Phew, Bnaey,
141 that the said
DocNfA;DD. ew
PLATTEVIILE HERALD APPLICANT
Don A. and Shearon E.
has been published continuously and uninterruptedly during the Wiedeman
period of at least fifty-two consecutive weeks next prior to the first 26596.Weld County Road 17
issue thereof containing said notice or advertisement above referred Johnstown, Colorado 90531
to: and_that said newspaper was at the time of each of She DATE: Tebuary 15, 1999
publications of said notice duly qualified for that purpose within the TIME: 10:00 A.M.
meaning of an act entitled. "An Act Concerning Legal Notices,
Advertisements d Publications and the Fees of Printers and -- REQUEST: Site Specific
Publishers ther f,and to Repeal a Acts of Acta Development-Plan and Special
Review Permit -- Three radio tow-
-Col-di th visions of this " ''Ved prll 7, 921. • us with•:m•xinum height of 249 -
aU ends " eo, and p a;lyas ended ac[ feet and•foran AM radio station
ap r 94L;1 .( InDi the A (Agricultural) Zone
r ls!'''/% District
LEGAL DESCRIPTION: Part of
✓ Publisher the W 1/2 of Section 21,
L Townedp 9 North, Range 57 West
of the Mb P.M., Weld County,
Sub ed and sworn to before me this day of Colorado
(A.D. 19 ' 7 LOCATION: Approximately 2
miles northwest of the Town of
Milliken; east of Weld County
--11\14"...--...---e
"`�" �(nJ Road 17, north of Weld County
'-1` .. Road 54
Notary Public BOARD OF COUNTY
FORT LUPTON COMMISSIONERS
e13 Din vv A.rs. WELD COUNTY, COLORADO
Fort Lupton,CO 60621 BY: MARY ANN FEUERSTEIN
_COUNTY'CLERK
AND RECORDER
- AND CLERK TO THE BOARD
My commission expires June 1992 BY:adarySirdH, Deputy
DATED: katiary 2e, this
My Commission expires June 30, 1992 Pdrdidw in the Platteville
Nentld. gilbroary I. 1Me.
6901
AFFIDAVIT OE PUBLICATION
THE JOHNSTOWN BREEZE
STATE_OF COLORADO l SS
•
COUNTY OF WELD t
• I, Clyde Briggs, do solemnly swear that I
• - am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole-or in part, and published
in the County of Weld, State of Colorado,
and has a$eneral circulation therein; that
said newspaper has been -published
tb r: earing the cot of continuously and uninterruptedly in said
e"ti�lDpg a court reporter shall be County of Weld fora period of-more than
boraO Dy the requeatingyany 'I fifty-two consecutive weeks prior to lhu.
Be it-also known that the text end first publications(the-annexed legal notice
maps so certified by the weld oradvertisemenl; that said newspaper has
courlry Planning commleaion may been admitted to the United States mails as
Cl Mxaminth " the office of the
tied w me Board of county second-class matter under the provisions of
Com�miraunty meanie in the
weM'�Coanry centennial Cents-, the Act of Alarrh 3, Itr19, -Or any
• 91s om sreet, Third Floor, amendments thereof, and that said
Gretey, Colorado
DOCKET NUMBER: 89-7 newspaper is a weekly newspaper duly
APPLJCANT qualified for publishing legal-notices and
Don A ndSharon E. Wiedeman advertisements within the meaning_of the
2889a,weld County+load 17 laws�( the State of Colorado.
Johnstown, Colorado X0534
DATE;.February 15, 1989 That the annexed legal notice or advertise-
ment was published In the regular and
TIME: 10:00 A.M. • entire issue ofevcred In t r of said weekly
REQUEST: Sae Specific Devel- newspaper for the period of (..' -Consecu-
opment Plan and specla Review tI VR insertions; and that the first
Perron AM reel radio towers with a publicinien of said-notice was in the issue of
maximum heIiIgght of-49 feet and •for an AM retlio station in the a said newspaper datetL2./-2— A.D. Ib2t'
(A9ricutturep zone District and that the last -notice inof the issue
of publLEGAL Dd eurnTION:Own of the notice
was in the issue of-said newspaper-dated
�� gce���,Ion 21 t of the- 5 A.D. l9
P M, W'Weld Cou West of the�th
P.M, Weld County, Colorado In witness whereof I have hereunto set
LOCATION:Approximately 2 miles my hand this ?.... day of ./0794"
Pursuant to the zoning laws of the no thwest°f the Town of Milliken; •
A.D.witness
State of Colorado and the Weld worth a(.yaBW booty Road 54 //ff
County Zoning OBoard ofC putr �11ii,���
tic hearing will be hell",n the BOARD DF COUNTV CA, ;/f'`�
anc
Chambers of the f of County COMMISSIONERS Publisher
Commissioners of Weld County, WE(D COUNTV, COLORADO
Colorado,WeltlxountyDentennial
Center, 915 10th Street, first BY: MARY ANN TEUERSTEIN
Floor, Zreele ,lolorado, at the
time specified All persons in any •
COUNTY CLERK
manner interested in the Site _ AND RECORDER subscribed and sworn to before rile, a
Specific Development Plan and - AND CLERK TO
Special Review Permit are , THE BOARD NOlary Public in and for lh �Q11flt ofay
hreeard
to attend and may be By. Mary Reiff, Deputy W Id,$lal of COlora O till thRlUd_U
DATED: January 23, 1989 W�of C to..„.••
Should the applicant or any P1IBLISHED: February-, 1989, in
interested party desire the pre- the Johnstown Breeze /1 a record
of a court reporter to-oaks ��tY/
a record of the — - _ _--
pdreordw, in ,NO ••
atldition to the taped record gwhich
• •• n• •Punlie.
will be kept the ngg the nearing, �� g� /'
the Clerk to Board's Office ltivota CO cen •
be contacted for a list et
certified court reporters in the /=1/_•/gS�•
area If a -court reporter is yIC lot t •••••
obtained,the Clerk to the Bonn's My commission expires •.••.
Office chili-a�dvisad in writing of.
such action-at least fivexleys prior
• : Oj \1g fl , M
,,, -. :--4-;t7 .
89®168
ADDITIONAL RECOMMENDED DEVELOPMENT STANDARD
DON A. AND SHARON E. WIEDEMAN
USR-871
5. Any harmful interference _caused by any frequencies transmitted from the
towers shall be corrected by the applicant at the applicant's expense.
The applicant shall comply with all recommendations of the Weld County
Communications Advisory Board.
Development Standards 5 through 10, as recommended by the Weld County
Planning Commission should be renumbered 6 through 11. €19®3s8
teTrhvR;T
• tt
OFFICE OF WELD COUNTY COMMUNICATIONS
PHONE (303) 356-4000,En 4245
P.O.. Box 758
GREELEY, COLORADO 80632
C.
COLORADO
January 30, 1989
To: Department of Planning Services
Subject: Case number US-R-871
The request for three AM broadcast towers to be installed within Weld County
in the Agricultural zone district -has been reviewed by the undersigned. It
has been determined that the proposed station should not interfere with Weld
County radio communications, however the following stipulations apply:
1 . Any interference to the Weld County Public Safety radio system caused by
the three AM broadcast towers after they become operational, will be
immediately corrected by Don A. and Sharon E. Wi-edeman at their expense.
2 . Weld County will expend no money or effort in their behalf on this project
or any resulting radio communications interference.
3 . Since the scheduled hearing on this matter is prior to the next scheduled
Communications Advisory Board who maintains final authority in this
matter, any further stipulations concerning final- approval will be
forwarded to Planning Services after the February 28, 1989 Communications
Advisory Board meeting.
Sincerely,
/
lidLt Lk_
Vern Hammers, Director, Weld County Communications
L r
I , JAM 3 11989 L
rl
890168 flew) c6 I • -:1„
DATE: January 23 , 1989
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners :
If you have no objections, we have tentatively set the
following hearing for the 15th day of February, 19-89 , at 10 :00
A.M.
Docket No. 89-7 - Site Specific Development Plan and Special
Review Permit for three radio towers with a maximum
height of 249 feet and for an AM radio station in the A
(Agricultural) Zone District
OFFICE OF THE CLER O THE BOARD
BY: 1;37�7 day/ Deputy
GJI
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
890168
T �/
Summary of the Veld County Planning Commission Meeting
January 17, 19S9
Page 5
CASE NUMBER: USR-871
APPLICANT: Don A. and Sharon E. Wiedeman
REQUEST: A Site Specific Development Plan and a Special Review permit for 3
radio towers with a maximum height of 249 feet and for a
commercial use (AM radio station) in the A (Agricultural) zone
district
LEGAL DESCRIPTION: Part of the W} of Section 21 , T5N, R67W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 2 miles northwest of the Town of Milliken; east of
Weld County Road 17, north of Weld County Road 54
APPEARANCE:
Don Wiedeman, property owner and applicant, stated they wish to build a
family owned and -operated radio station on their farm. Initially,
broadcasts will be from the house. Later they plan to build a studio at the
base of a tower.
The Chairman called for discussion _from the audience. There was none.
The Chairman asked Mr. Wiedeman if he had reviewed the recommendation,
conditions, and Development Standards prepared by the Department of Planning
Services' staff, and if he objected to them being filed with the summary as
a permanent record of these proceedings? He had no objections.
MOTION:
Ann Garrison moved Case Number USR-871 for Don A. and Sharon F. Wiedeman for
a Site Specific Development Plan and a Special Review permit for 4 radio
towers with a maximum height of 249 feet and -a commercial use (AM radio
station) in the Agricultural zone district be forwarded to the Board of
County Commissioners with the Planning Commission's recommendation for
approval based upon the recommendation, conditions, and Development
Standards set -forth by the Department of Planning Services' staff and the
testimony heard by the Planning Commission. Motion seconded by Jerry
Ki-efer.
The Chairman called for discussion from the members of the Planning
Commission. Discussion follcwed.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision. Ivan Gosnell - yes; Ann Garrison - yes;
LeAnn Reid - yes; Rick Iverson — yes; Jerry Kiefer — yes; Ernie Ross — yes.
Motion carried unanimously.
The meeting was adjourned at 3:25 p.m.
Respectfully submitted,
t.\ ChClOck_
Bobbie Good
Secretary 890165
GX �I� b C�. C7J
E���-C tqq z'Yk
n• +.-3'�}7 c -,•"7-1-1�
WAN 91989 ,
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISS
6YW SOLo.
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resovled by the Weld
County Planning Commission that the application for:
CASE NUMBER: USR-871
NAME: Don A. and Sharon E. Wiedeman
ADDRESS: 26886 Weld County Road 17, Johnstown, CO 80534
REQUEST: A Site Specific Development Plan and a Special Review permit for 3
radio towers with a maximum height of 249 feet and for an AM radio
station in the A (Agricultural) zone district
LEGAL DESCRIPTION: Part of the W} of Section 21, T5N, R67W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 2 miles northwest of the Town of Milliken; east of
Weld County Road 17, north of Weld County Road 54
be recommended favorably to the Board of County Commissioners for the
following reasons:
1. The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Weld County Planning Commission that the
applicant has shown compliance with Section 24.3 of the Weld
County Zoning Ordinance as follows:
- The proposal is consistent with the Weld County
Comprehensive Plan's Urban Growth Boundary Goals and
Policies. The Town of Milliken in a verbal response on
January 9, indicated no objection to this proposal.
- The proposed use is consistent with the intent of the
Agricultural zone district and is provided for as a use
by special review.
- The proposed use is compatible with the existing
surrounding land uses which include row crops, a rural
residence, oil and gas production and a mobile phone
tower. The use will be compatible with the future
development of the surrounding area as permitted by the
Agricultural zone district. Special review permit
development standards will ensure continued •
compatibility with the surrounding land uses. No
objections have been received from surrounding property
owners.
890168
Ex hi h'+
USR-871
January 17, 1989
Page 2
- No overlay districts affect the site.
- Special Review Development Standards will provide
adequate protection of the health, safety and welfare of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application
submitted by the applicant, other relevant information regarding the
request, and the responses of the referral entities which have reviewed _this
request.
The Planning Commission's recommendation for approval is conditional upon
the following:
1 . The attached Development Standards for the Special Review permit
shall be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's office within 15 days of approval by the
Board of County Commissioners.
2. 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.
3. Prior to construction of the towers over 200 feet in height, the
applicant shall submit _evidence of compliance with the Federal
Aviation Administration regulations including an impact study on
the safe and efficient use of airspace by aircraft, to the
Department of Planning Services.
Motion seconded by Jerry Kiefer.
VOTE:
For Passage Against Passage
Ivan Gosnell
Ann Garrison
LeAnn Reid
Rick Iverson
Jerry Kiefer
Ernie Ross
891$8
USR-871
January 17, 1989
Page 3
The Chairman declared the resolution passed and ordered that a certified
copy be forwarded with the file of this case to the Board of County
Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Bobbie Good, Recording Secretary of 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 January 17, 1989, and recorded in Book No. XII of the proceedings of the
Planning Commission.
Dated the 18th day of January, 1989.
Bobbie Good
Secretary
890168
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Don A. and Sharon E. Wiedeman
USR-871
1. The Site Specific Development Plan and Special Review permit is for 3
radio towers with a maximum height of 249 feet and for an AM radio
station in the A (Agricultural) zone district as submitted in the
application materials on file in the Department of Planning Services
and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to
Article 68 of Title 24 C.R.S. , as amended.
3. No permanent disposal of wastes shall be permitted on the special
review site.
4. The septic system for the office studio shall be designed by a Colorado
Registered Professional Engineer according to the Weld County
Individual Sewage Disposal Regulations.
5. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
6. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
7. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
8. Personnel from the Weld County Health Department and Weld County
Department of Planning Services 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 hereon and all applicable Weld County Regulations.
9. The Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major 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 Planning Commission and the 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.
10. The property owner or operator shall he 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.
890168
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Case Number USR-871
Submitted or Prepared
Prior
to HeariER at Hearing
1. Application ten Pages X
2. One application plat one page X
3. DPS Referral Summary Sheet X
4. DPS Recommendation X
5. DPS Surrounding Property Owner's Mailing List X
6. DPS Mineral Owner's Mailing List X
7. Three DPS Maps Prepared by Planning Technician X
8. DPS Notice of Hearing X
9. DPS Case File Summary Sheet X
10. DPS Field Check X
11. December 9, 1988, referral from Weld County X
Building Inspection Department
12. December 23, 1988, referral from Weld County X
Health Department
13. January 4, 1989, referral from FAA X
14. Petition signed by eight surrounding property X
owners who have no objection to this proposal
I hereby certify that the 14 items identified herein were submitted to the
Department of Planning Services at or prior to the scheduled Planning
Commission hearing. I further certify that these items were forwarded to
the Clerk to the Board's office on January 1,, 1989.
(7/ C r t Planne
STATE OF COLORADO )
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO BEFORE ME THIS t ? day of 19 g, \ .
SEAL
c-L1vls.. Nti
NOTAR5k PUBLIC
My Commission Expires Ay c ;,, uh. 13, 193'
890168
EXHIBIT INVENTORY CONTROL SHEET
Case (/5k - //)..tez ina,,u Azir Qjha,),07
Exhibit Submitted By Exhibit Description
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890168
Date: January 17, 1989
CASE NUMBER: USR-871
NAME: Don A. and Sharon F. Wiedeman
ADDRESS: 26886 Weld County Road 17, Johnstown, CO 80534
REQUEST: A Site Specific Development Plan and a Special Review permit for 3
radio towers with a maximum height of 249 feet and for an AM radio
station in the A (Agricultural) zone district
LEGAL DESCRIPTION: Part of the Wi of Section 21, T5N, R67W of the 6th P.M. ,
Weld County, Colorado
-LOCATION: Approximately 2 miles northwest of the Town of Milliken; east of
Weld County Road 17, north of Weld County Road 54
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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services' staff
that the applicant has shown compliance with Section 24.3 of the
Weld County Zoning Ordinance as follows:
- The proposal is consistent with the Weld County
Comprehensive Plan's Urban Growth Boundary Goals and
Policies. The Town of Milliken in a verbal response on
January 9, indicated no objection to this proposal.
- The proposed use is consistent with the intent of the
Agricultural zone district and is provided for as a use
by special review.
- The proposed use is compatible with the existing
surrounding land uses which include row crops, a rural
residence, oil and gas production and a mobile phone
tower. The use will be compatible with the future
development of the surrounding area as permitted by the
Agricultural zone district. Special review permit
development standards will ensure continued
compatibility with the surrounding land uses. No
objections have been received from surrounding property
owners.
- No overlay districts affect the site.
- Special Review Development Standards will provide
adequate protection of the health, safety and welfare of
the neighborhood and County.
890168
L'SR-871
January 17, 1989
Page 2
This recommendation is based, in part, upon a review of the application
submitted by the applicant, other relevant information regarding the
request, and the responses of the referral entities which have reviewed this
request.
The Department of Planning Services' staff recommendation for approval is
conditional upon the following:
1. The attached Development Standards for the Special Review permit
shall be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's office within 15 days of approval by the
Board of County Commissioners.
2. 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.
3. Prior to construction of the towers over 200 feet in height, the
applicant shall submit evidence of compliance with the Federal
Aviation Administration regulations including an impact study on
the safe and efficient use of airspace by aircraft, to the
Department of Planning Services.
839168
LAND-USE APPLICATION
SUMMARY SHEET
Date: January 10, 1989
CASE NUMBER: USA-871
NAME: Don A. and Sharon E. Wiedeman
ADDRESS: 26886 Weld County Road 17, Johnstown, CO 80534
REQUEST: A Site Specific Development Plan and a Special Review permit for 3
radio towers with a maximum height of 249 feet and for a
commercial use (AM radio station) in the A (Agricultural) zone
district
-LEGAL DESCRIPTION: Part of the W§ of Section 21, T5N, R67W of the 6th P.M. ,
Weld County, Colorado
LOCATION: Approximately 2 miles northwest of the Town of Milliken; east of
Weld County Road 17, north of Weld County Road 54
SIZE OF PARCEL: 10.5 acres, more or less
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this use by special review proposal is listed in
Section 24.3 of the Weld County Zoning Ordinance. The Department of
Planning Services' staff has received specific recommendations from the Weld
County Health Department, Weld County Building Inspection Department, and
the Federal Aviation Administration. Copies of these referral responses are
included in this summary packet. The applicant has submitted a petition,
signed by one hundred percent of the surrounding property owners, which
states they have no objections to this proposal.
890165
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FIELD CHECK
FILING NUMBER: USR-871 DATE OF INSPECTION: December 19, 1988
NAME: Don A. and Sharon E. Wiedeman
REQUEST: A Site Specific Development Plan and a Special Review permit for 3
radio towers with a maximum height of 249 feet and for a
commercial use (AM radio station) in the A (Agricultural) zone
district.
LEGAL DESCRIPTION: Part of the W} of Section 21, T5N, R67W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 2 miles northwest of the Town of of Milliken; east
of Weld County Road 17, north of Weld County Road 54.
LAND USE: NT draw, row crops, Wiedeman residence
F, row crops
S row crops, oil and gas production
W Weld County Road 17, pasture, row crops
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS:
The 10.5 acre parcel is relatively flat and is accessible from Weld County
Road 17, a paved road.
A deep draw separates the Wiedeman residence from the proposed 10.5 acre
site.
A mobile phone tower exists on a parcel approximately .5 miles east of this
parcel.
a .ell J{ Cirry
Current Planner
REFERRAL LIST
NAME: Don A. and Sharon E. Wideman CASE NUMBER: USR-871
REFERRALS SENT: December 9, 1988
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department _Brighton
Extension Set-vice Dacono
Emergency Management Office _Eaton
Sheriff's Office Erie
X Engineering _Evans
Housing Authority Firestone
--
--Airport Authority _Fort Lupton
X Building Inspection Frederick
_Garden City
STATE Gilcrest
_Division of Water Resources X Greeley
_Highway Department Grover
Department of Health _Hudson
_ _
Historical Society Johnstown
_Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
La Salle
FIRE DISTRICTS Lochbuie
Ault F-1 Longmont
_
_Berthoud F-2 Mead
_Brighton F-3 X Milliken
_Dacono F-19 _New Raymer
_Eaton F-4 Nunn
_Fort Lupton F-5 Platteville
Galeton F-6 Severance
_
Hudson F-7 Windsor
X Johnstown F-8
_La Salle F-9 COUNTIES
_Longmont F-10 _Adams
Milliken F-11 Boulder
_Nunn F-12 X Larimer
_Pawnee
Platteville F-13 FEDERAL GOVERNMENT AGENCIES
_Platte Valley F-14 US Army Corp of Engineers
Poudre Valley F-15 USDA-APHIS Veterinary Service
_Raymer X Federal Aviation Administration
_Southeast Weld F-16 X Federal Communication Commission
_Windsor/Severance F-17
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
_Brighton
OTHER Fort Collins
Central Colo. Water Conservancy Dist. X Greeley
_Panhandle Eastern Pipe Line Co. _Longmont
_Tri-Area Planning Commission West Adams
COMMISSION/BOARD MEMBER
X Lynn Brown
890168
DEPAFr. .ENT OF PLANNING SERVICES
y; x
'f PHONE(303)3564000 EXT.4400
44. 4t4IM 915 10th STREET
GREELEY,COLORADO 80631
I '!= *µ7,
Cr„ 4
• CASE NUMBER. USR-£371
COLORADO
December 9, 198E
TO WHOM IT MAY CONCERN:
Enclosed is an application from Don A. and Sharon E. Wiedeman for a Site
Specific Development Plan and a Special Review permit for three radio towers
with a maximum height of 249 feet for commercial use (AM radio station) in
the A (Agricultural) zone district. The parcel of land is described as part
cf the W} of Section 21, T5N, R67W of the 6th P.M. , Weld County, Colorado.
The location of the parcel of land for which this application has been
submitted is approximately 2 miles northwest of the Town of Milliken; east
of Weld County Read 17 and north of Weld County Road 54.
This application is submitted to your office for review and recommendation.
Any comments or recommendation you consider relevant to this request would
be appreciated. Your prompt reply will help to facilitate the processing of
the proposal and will ensure prompt consideration of your recommendation.
Please reply by December 23, 1988, so that we may give full consideration to
your recommendation. Please call Lanell J. Curry, Current Planner, if you
have any questions about this referral. Thank you for your help and
cooperation in this matter.
Check the appropriate boxes below and return to our address listed above.
1. We have reviewed this request and find that the request
(does/does not) comply with our Comprehensive Plan
for the following reasons.
2. We du not have a Comprehensive Plan, but we feel this request
(is/is not) compatible with the interests of our
town for the following reasons:
3. X We have reviewed the proposal and find no conflicts with our
interests. - Id& 77LZQ,; �
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer to the enclosed letter.
Signed: /nct E t,_A.gency: t w 04
nntn. / —9- ,Pfi �T- 890165
•
Yl �lt.la ?,Aips1
Weld County Planning December 23, 1988
OTo Date
COLORADO From Environmental Protection Services ' ` l-zyj
Case Number: USR-871 ���
Subject:
Name: Wiedeman, Don
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
1. No permanent disposal of wastes shall be permitted at this site.
2. If an office studio is constructed, the septic system for the
facility is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County Individual Sewage
Disposal Regulations.
WP/dgc
i
V OEC 11988 ''�
1V
_ ..,_.v
weld Gtt• ?talon „whoisstu,
890168
. .
Denver Airports District Office
US Department 10455 East 25th Avenue
of Transportation Suite 301
Aurora, Colorado 80010
Federal Aviation
Administration (303) 340-5527
J4 4 !frgh
Ms. Lanell Curry
Weld County Planner
915 10th Street
Greeley, Colorado 80631
Dear Ms. Curry:
Thank you for the opportunity to review the proposed 3 AM radio station
towers with a maximum height of 249' near Milliken, Colorado.
We have reviewed our files and cannot find record of formal notification of
the tower to the FAA per Federal Aviation Regulation Part 77. This is not
to say notification has not been made. Typically, the FCC will not grant
a permit to towers of this height without approval from the FAA. If the
FAA has not been notified formally, we ask that the notification takes
place so that we may study the impact of the proposed structures on the
safe and efficient use of airspace by aircraft.
Per FAA Part 77, any structures over 200' in height above ground level
would require notification to the FAA. Again, thank you for the
opportunity to comment.
Sincerely,
-Barbara Jo son
Airport Planner
^
47/11
iI', JAN S 1989
ul�
.....,,
890168
Affidavit of Publication
STATE OF COLORADO
County of Weld ss. •
A.Winkler Rieeel of said County of Weld being duly sworn,say
that I am publisher of
PLATTEVILLE HERALD
that. the same is a weekly newspaper of general circulation was
printed and published in the town of
PLATTEVILLE
in said county and state that the notice of advertisement.of which
the annexed is a true copy has been published in said weekly
nespaper for
2 consecutive weeks:
that the notice was published In the regular and entire issue of every
number of said newspaper during the period and time of publication
of said notice and in the newspaper proper and not in a supplement
thereof:that the first publication of said notice was contained in the NOTICE OF PUBIJC HEARING The public hearing will be held
issue of said newspaper baring the date of In the Weld County
rl,i('b^u--^^-�o/-�` � The Wald County Planning Commiuiornri Rearing Room,
A.D..19 i` and the last publication Commission will hold • public First Floor, Weld County
Centennial Center, 915 Tenth
thereof.In the issue of said newspaper,bearing date, hearing on Tuesday, January 17, Street,
1889, at 190 p.m.for the purpose Street, Greeley, Colorado.
Comments or objections related
the day of of elopm considering a Site Specific sto the above re nest ahoultl be
Development Plan and a Special q
p! Review Permit for the property led in writing to the Wattl
19/d. that the said described below. Approval of ore County Department15Teth tr Planning, om
request may create a a vested Services, 915 Tanm Street. Room
property right pursuant to 342, Greeley, Colorado 80631,
PLATTEVILLE HERALD Colorado Law. balers el above date or pa-
APPLICANT: Don A. and seated al the public hearing on
has been published continuously and uninterruptedly during the Sharon E. Wiedemen September r 20, t988.
CEGAL MaelliPTION: Part of Copies of Na c inspection
application are
period of at least fifty-two consecutive weeks next prior to the first available for public Inspection In
issue thereof containing said notice or advertisement above referred the W 1/2 of Section 21, Weld
the Department of Planning
to: and that said newspaper was at the time of each of the R57W of the 6th P.M., Weld Services, Room Center,342, W915
County, Colorado
publications of said notice duly qualified for that purpose within the TYPE AND INTENSITY OF County Centennial 815
meaning of an act entitled. "An Act Concerning Legal Notices. Tenth Street, Greeley, Colorado
PROPOSED 3 radio towers 80631. Phone 358-4000, Eat.
Advertisements and Publications and the Fees of Printers and with • maximum height of 249 4400.
Publishers thereof, and to Repeal all Acts and Parts of Acts In feet and an AM Radio Station in
Conflict with the Provisions of this Aet"approved April 7, 1921.and the A (ATION:ll Approximately zone district Bud H County
n, Chairmen
all amendments rher particularly LOCATION: 2
cofi, and, eztimilarl as emended by an acts Weld County
approved.MTh 3371923,and an eetapproved Ma y9; 1931 % miles northwest of the Town of Planning Commission
7/ �+ y Milliken; east of 'Held County
/ /���i���� ,/' { J i Roetl 17, north of Weld County Published In the Pletteville
j� . 11-c�� Road 54
hi Publisher SIZE: 10.5 acres, more or less Herald, December 14, 1268.
•
3 ser-tbed and sworn to be( h re me this day of
t zt, e'✓ A D. 19 li
Notary Public
•
My commission expires June 1992
My Commission expires June 30, 1992
890168
CUT"-
// CORRECTED 12/13/88
� r [1N`!!3S OI'_ (II:IIA:R;; OF I'I{UI'I'.wI'i lJi'I'II III ';0U FEE
/
[dn[1i: AnnuE;;;; Tulin/(:ITV, n:...l•:"wlt':: I'nlit:l•:1.
nt111 !>I•:Prr i F I r:n'I'1 011/ if
GEtry W. Wi.ederrunn 5880 W 49 st-. Groele_y, Co 806'34 0951-21 -0-00-015
Harlan P. Hankins 2699.7 W('R 17 Johnstown, Co 80534 0951-17-0-00-016--- - -- --
�__�-- - - ----- - - U`I51_20:_0 U0 021 - — ----
* Orel. E. & Rachel. Richey 25973 WCR 17 Johnstown, CO 80534 0957--29--0-01)--014
* Tollgate Farms Inc. 179 So Monroe St. Deliver., (1) 80209 0957-29--U-O0-015
•
Western Gas Supply inc. P.O.Hox 840 i.) nver. ,(t•) 802.01 0951-2f3.-0-00-001
Edward & Marjorie Kinzer P.O. Pert 280 Johnstown, (1) 80534 0957--28--0-00-027
Roger 1,. R Helen M. Williams 25700 l•J(:R 17; Mi1.[ikon, CO 80543 (1')i/--7.8-U-U0-026
A. William R. Mellon 8301 Weld County Road 52, Milliken, CO 80543 0957-28-0--00-003
* ('1'IIESE PRoPEWJ'Y OWNERS ARE MORE '1'(Ils"tJ 500 1t._- FROM ,1'I11 Pl(o1'OSI I) SITE •
BUT ARE 500 Lt. FROM THE FARM WilERl .1'11E PIt(.)1't)8EU 1S LOCATED. )
-DEC-1 41988- .. _ .. •
'r.
890168
i .
t. a
11.7)1774;PicS,t7Li-s‘i —1-1
11
R II
i iilf !1EC "I4 1988
:_lI _... ,, ecember 13, 1988
nerd Co. Piaii1iIgi :okiii;rii gift'
'To the Weld County Commisioners
Greeley, CO 80631
WE THE UNDERSIGNED HAVE NO OBJECTI )NS TO DON & SHARON
WIEDEMAN'S SUBMITTED PROPOSED USE OF 10. 5 ACRES OF THEIR LAND
NORTH OF JOHNSTOWN FOR CONSTRUCTION OF TOWERS, TRANSMITTING
FACILITIES AND OFFICE-STUDIO FOR THEIR LOCAL AM RADIO STATION.
If .t.-.., ."t.,) c.',7,4012/(et,
vlfjt'.. /sue ,/ei�i- 1 -13 -- .93
G` ' �;;/ a. ea f+fit!_ ....��i 1_1 nC /Z—/'�`F
1
` .c. ^L' ,.L-Le--7-7--- _;1 , f_ 4��Yr �, ;Z --/ 3--i)4',
--v .
,)
u...ka_ Q Y°.,,,,f1.--,- l'... Vloc, c.
5))168
GEC i d 1988 'I
j � UI
mau Co.
December 13 , 1988
To the Weld County Commisioners
Greeley , CO 80631
WE THE UNDERSIGNED HAVE NO OBJECTIJNS TO DON & SHARON
WIEDEMAN ' S SUBMITTED PROPOSED USE OF 10 . 5 ACRES OF THEIR LAND
NORTH OF JOHNSTOWN FOR CONSTRUCTION OF TOWERS, TRANSMITTING
FAC ITIES AND O FICE-STUDIO FOR THEIR LOCAL AM RADIO STATION.
4 1
-Ice ,oce-Ztx9i ?
t9 , aj aa.���
4
of AV Atutc-- d z--/ y- FF-
67
A\ 1n2..-‘ii 1 A
plv�.�� � oo<i
My Commission Expires Feb. 13, 1989
890168
December 13 , 1988
To the Weld County Commisioners
Greeley, CO 80631
WE THE UNDERSIGNED HAVE NO OBJECTIlNS TO DON & SHARON
WIEDEMAN ' S SUBMITTED PROPOSED USE OF 10 . 5 ACRES OF THEIR LAND
NORTH OF JOHNSTOWN FOR CONSTRUCTION OF TOWERS, TRANSMITTING
FACILITIES AND OFFICE-STUDIO FOR THEIR LOCAL AM RADIO STATION.
TOLLGATE FARMSINC —7
C Dec . 19, 1988
Jadob A. Fulienwider
Secretary
' - III
i!: DEC 2 0 1988 I
is Gi. ,
330168
USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 915 Tenth Street, Greeley. Colorado HU631
. Phone — 356-4000 — Ext. 4400
Case Number Date Received
Application Checked by Mylar p.l:it
Application Fee Receipt Number
Recording Fee Receipt Number --------------- -...Y
e�v�:=a�aza�veo-=-�vaaaasme r_e=4avmev -c_
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary
signature)
I (we) , the undersigned, hereby request a hearing before the Weld County
Planning Commission and Weld County Board of County Commisniouers concerning
the proposed Use by Special Review Permit on the following described
unincorporated area of Weld County, Colorado:
pt. of
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SW*,NW* Section 21
T 5 N, R 66 W
LEGAL DESCRIPTION of contiguous property owned upon which Special Review
Permit is proposed: pt.of Wi Section 21 T 5 N, R 67 _w
Property Address (if available) _ _
PRESENT ZONE "A" Agriculture OVERLAY ZONES - none
TOTAL ACREAGE-9-
PROPOSED LAND USE AM Radio tower and transmit er sit- with a future Q-f1-ice
EXISTING LAND USE Agriculture ---
SURFACE FEE (PROPERTY OWNERS) OIL AREA PROPOSED FOR THE USE BY SPECIAL REVIEW
PERMIT:
Name: Don A. & Sharon E. WiedemanAddress: 26886 WCR 17 City johnst-own _Co _—__ Zip 80534_
Home Telephone ! 5872565 Business Telephone II
Name:_ -Address: City Zip _
Nome Telephone I Business Telephone II
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name: _Address: City Zip
Home Telephone I Business Telephone I
List the owner(s) and/or lessees of mineral rights on or under the subject
properties of record.
• Union Pacific Land Resources Corp.
Name:Address: P.O. Box 2500 City Bm field. m `Zip --80020
Name: — --- — —Address: City _-- Zip _—
I hereby depose and state under the penalties of perjury that all
statements, proposals and/or plans submitted with or contauab' I with/n the
application are true and correct to the best of my knowledge.
COUNTY OF WELD )
STATE OF COLORAOU ) /-
7 1 l / /!-C !`6
Sil;un Lure: Owner or Authorized Agent
r71 ¢
3ubecribed an_1 sworn to before me this . / day of S�k2h eC __ 19a
Iii. TARY 1'0111 C Q �p
890168
My commission expires
APPLICATION REQUIREMENTS }ORION & SHARON WIEDEMAN, JO11NSTOWN, CO
II. DETAILED DFSCRIP'1'ICN OF PROPOSED OPERATION AND USE
jn.S
a. The proposed use of approximate nine acres of land is to construct and
operate an A.M. radio station. The initial antenna towers that are proposed
for construction are as follows: one tower at 144 ft. and two towers at
199 ft. tall, located in a north-south direction. Also in the initial
proposal is a building approximately 12ft. by 24ft. in size for the
transmitting equipment and a possible future office studio. The initial
proposed A.M. radio station will operate at 500 watts of power. A possible
increase of power if granted by the Federal Canmunication Commission in
the future would require an additional height of 50 feet to the towers.
b. The station will attempt to serve the local needs of Johnstown with
informative locally oriented news. The station will also provide time
to leaders of surrounding communities to express their views on problems
of the area.
Music will be aimed at a general age group.
Special attention will be given to the rural and farm community in relation
to special interest in the rural community.
A news network will be used for national news.
c. The surrounding properties are used for agriculture (farming and pasture) .
d. The proposed site is south approximately one-eight of a mile of applicant's
(Con & Sharon Wiedeman) residence structure. The other residential structure
is Harlan Hankins and the proposed site is located approximately one-fourth
a mile south-east and on the opposite side of Weld County Road 17 from his
residence. Other residential structures are more than one-half mile from
the proposed site.
e. The proposed radio station will be reaching the surrounding community
residences with it's radio broadcast but will only anticio tes a :rinim,w'
amount of traffic at the site.
f. Initially the number of employees on the proposed site is a;ticialci
two for short periods of time during the day. If in the Iutt:r•
is used for an office studio then the employees present on the site coul•a
be six. The anticipated hours of operation is 5 a.m. to 11 p.m.
g. -Initially there is no need for water. Little Thompson Water District has
a water line bordering : le proposed site on Weld Country Road 17 that woulr'
be available if a office studio is built in the future.
-8901.68
Page 2.
II. Detailed Continued
h. proposed site lies along Weld County Road 17 and a existing entrance
will be used.
i. Only few regular vehicles will be frequenting the proposed site.
j . Initially no sewage is anticipated. If a office studio is constructed in
the future then a septic tank facilities will be installed.
k. Fire protection will consist of fire extinguishers strategically located
in transmitter building.
1. Livestock is not applicable except if a few are used to pasture the site
where applicable and adequate fencing for safety would be provided.
m. Any waste will be contained in a normal dumpster and picked up by a local
trash company.
n. Except for developing a small graveled parking lot and entrance road the
site will be seeded to pasture grass and water runoff should not be anymore
then it was before the land was used for the proposed site. The land lays
so any run off runs into existing pasture that is on the site and it has
natural holding areas.
D. See "m." above.
p. Proposed site landscaping will be of a simple functional nat-ure. The site
will be seeded in pasture grass except for a gravel parLtto let 06.1
entrance road from Weld County Road 17. A existing entrance from rcd 1"/
is to be used. Fencing around support cables will be installed. 1eca!,:_.e
road 17 is on a lower level then the proposed site and there is a natural
dirt bank along the road bordering the site, this condition makes low
visibility of the site when passing on road 17. The actual amount of the
/0-`-.;
approximate nine acres taken out of agricultural use will be small. The
approximate 4.4gacres are not prime farming land and majority of it will
still be pastured.
q. In the event there would be a cessation of the propose site operation the
site can be restored to it's original condition by removing the structures
the gravel and fence.
u. Construction of the radio towers to start as soon as allowed. Towers
construction length of time is 22 days. The transmitter and other equipment
with it's building is to be constructed and installed and made operational
in January 1989.
890168
III. ADDITIONAL STATEMENTS OF PROPOSED OPERATION AND USE
DON & SHARON WIEDEMAN, JOHNSTOWN, CO
a. Weld County Comprehensive Plan: The proposed radio tower and transmitter
site will be using a small amount of the approximate acres and the
majority of the site will continue being used as pasture. the proposed use
will not effect the surrounding land for it to continue in fanning and
pasture. The propose site is not using land considered as prime farming
land.
b. District "use" Intent: District use intent is defined as the conduct of
agricultural activities. Proposed use of the land involved in the proposal
is not incompatible with existing or future agricultural activities as stated
/6. 5
above in "a.". The approximate -nails- acres is located on a one-hundred-forty
acre farm so as not to separate the farm and it will not hinder the rest
of the farming activity.
c. Incation of site was chosen because:
1 . The land is not a prime farming field.
2. The site borders Weld County Road 17 and has it's own entrance road
and has easy access to utility sources.
3. The Proposed site does not hinder the fanning operation on the farm
that contains the approximate nips acre proposed site.
d. The health, saftey and welfare of the inhabitants of the neighborhood and
county should not be effected by the proposed land use.
e. The existing land uses of adjacent properties is farming and pasture. The
proposed use is compatible with the farming and pasturing of adjacent lands.
f. The future plan for land use surrounding the proposed site is agriculture
and the proposed use is compatible as stated above. The proposed site use
would not have any adverse effect on adopted master plans of any surrounding
-municipality.
g. The proposed site is not located within any overlay district.
h. Initially, there is no need for a water source. The proposed site borders
Weld County Road 17 where there is electricity, telephone, and Little Thompson
Water District water line that is available if a office studio is constructed.
i. The approximate acres of the proposed site is part of a one-hundred--
forty acre farm owned by the applicant Don and Sharon Wiedeman.
j . There will be no noise in the operation of the proposed use.
890168
. ......... ....
a n^A. -;; 1 '�j'11rwx"'1 , : r ,£Y"ti { 4''p� t,� "'it i "i 7-,,:{'.r . .gip .,, an y' T
'^.�. F e 'h f< .. ,,,„th ;_,. ''4 .-� .. t." 't+417` xniffrt 7 x ' ""` k,".":4.t dtt •p:i �. b�,r � � 4 pixl � p� 4 � r �{ a
�., ,. . •
,7� .a tr.,,.₹x't..:R't �h. w..r�u'+ &x�:,i .`ffi;«( waa..aW r "avr,�'fih 4
d.• IQ K s••wd•d of L rA d•ba a. APR 4 1978 $ a A:
' i' 827 aK. tie, .1749436..hay 03 s'.: ,,i
in...nh a.w+d..
,2-I .
EXCHANGE
WARRANTY DEED z
' KNOW ALL MEN BY THESE PRESENTS, that Boresen-Hertzke Farms, '
a General Partnership, whose address is 4925 W. 4th Street, ak
ell Greeley, Weld County, Colorado, for the consideration of Eighty- I ;"
Five Thousand and 00/100 Dollars ($85,000.00) in hand paid, hereby „
e sells and conveys to Donald A. Wiedeman, whose address is 7995 • r• L
rN
a' 4th Street, Greeley, Weld County, Colorado, the following real {
en estate and property, situate in the County of Weld and State '11 �=
O of Colorado, to-wit' 0111 e
r
ir4
All that part of Lot "B" of Recorded Exemption No. 1, +.": �
` • 0957-21-2-RE172, recorded April 24, 1975 in Book e 1'�
e 737 as Reception No. 1658900, being a part of the �, ') >•�.
West Half of Section 21, Township 5 North, Range 67 „p ,�� " {y
*O West lying south and west of the north and east bound-
o
ary line of the Greeley and Loveland Irrigation Canal,
a
o which boundary line is more particularly described an er 4` 4. i..
follows: `+d
See Exhibit I � *$'ag,„A a
j. c v,':T -'
excepting therefrom any claim to any rights by reasonx-4 m,.:
of any units of allotment from the Northern Colorado
Water Conservancy District.
together with all its appurtenances and warrants the title to the ia
y
same, subject however, to the following
I'
+ A
1. 1978 taxes, payable in 1979. w:{
') r
2. Patent reservations as contained in patents recorded in
Book 208 at Page 27 and in Book 153 at Page 40 of the Weld County 4,, 74
Records.
�rtK;:.
3. Mineral reservations as contained in Deeds recorded in �x
Book 233 at Page 227 and in Book 112 at Page 334 of the Weld ,, C
County Records. °,a'. '-
kv
4. Surface Owner's Agreement recorded in Book 1165 at t '
Page 151 of the Weld County Records. t'1 �'� ,..
5. Easements recorded in Books 766 under Reception No. •
1688341 and Book 775 under Reception No. 1696509 of the Weld ,�.' y"
County Records. , ,:i3
6. Inclusion within the Northern Colorado Water Conservancy
District, West Greeley Soil Conservation District, 'Attie Tbo- son ;'
Water Valley District and the Johnstown Fire Protection Dietrf•c., $:, ,
ar
Signed and delivered- �
this 3/ day of 2lh rY/t-__... i£""
�Siam Decu �' Fell 1 Doresen-fertzke Farms, a General
Partnership $; '
• �„_ APR 4 Kimaa��
,.„__ _C) / Gen ral l at tnor
STATE OF COLORADO )
) fist. .
CC'NTY OF WELD ) ty
r m
The foregoing instrument was subscribed and sworn to before
j ' k
me this 3/. day of 7J7.ltt/c. , 1978 by £atfdre er // . 7At , `• ws
a Genera Partner o:'Boresen-Hertzke Farms, a general hartnersn p.
n ',
-,,. -a. My.Commission expires: /clay 7N, /fro .7 , ,>f1 i ,..
A ' f xa
Yr
�. P ate\` r• t Notary Public ✓ .>
4 . U
890168
3K 144 _ 4 rJiU 2 � r 1�p �"�4� �` a 7. E.M .�^""�'�µ,t�'�
¢ °h �
4."1+ 1YY ✓ ki ea ' yet al ;+" rit 'xf
} � �' .I•'n �. ._.u.e;e.e °t,.�Z.sr.�.U:' n..%,"i
90' 1749436
�..1 lir 827
EXHIBIT I j..
Beginning at the Northwest Corner of Section 21, Township 5 North,
r Range 67 West and considering the West line of Section 21 to bear '.
South 00°33'S6" West with all other bearings relative thereto;
r
! ,
Thence South 00°33'56" West along said West line 575.63 feet to the
, I 'True Point of Beginning; Thence South 70°03'39" East, 338.75 feet; ,.
Thence South 61°24'01" Fast, 790.41 feet; Thence South 26°10'13" East,• 161.74 feet; Thence South 24°02'58" East, 366.90 feet; Thence South 07°20'02" West, 95.01 feet; Thence South 616 58'06" West, 161.3 feet; r5
' ti! !; Thence South 73°33'53" West, 214.06 feet; Thence South 51°26'30" West
228.44 feet; Thence South 17°35'14" West, 255.41 feet; Thence South
00°40'37" West, 182.36 feet; Thence South 12°16'48" East, 233.66 feet;
Thence South 22°53'03" East, 77.44 feet; Thence South 22°50'41" East,
' 670.67 feet; Thence South 21°36'39" Past, 328.96 feet; Thence South
41°00'44" East, 425.82 feet; Thence South 58°40'20" East, 404.53 feet;-
Thence.South 69°39'33" Best, 408.91 feet; Thence South 75°54'41" East,
162.18 feet; Thence South 71°26'47" East, 281.48 feet; Thence South
61°11'04" East, 157.29 feet to a point on the East line of the West
half of said Section 21.
•
690163
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property
STATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or
her knowledge the attached list is a true and accurate list of the names,
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 subject to the application. This list
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such records ,
or from the records of the Weld County Clerk and Recorder. The list compiled
from the records of the Weld County Assessor shall have been assembled within
thirty (30) days of the application submission date.
7/r/
/ . (. l 4'
C'
The foregoing/[instrument was subscribed✓ and sworn to before me this
7'4 day 4ece tZe , 19}fO by 4 �v/tJ,,a/7
WITNESS my hand and official seal .
' My Commission expires :
Notary Publi
890168
NAMES OF OWNERS—01? PROPERTY WITHIN 500. FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENT1 Fl CATI ON /l
Gary W. Wiedeman 5880 W 49 st. Greeley, Co 80634 0957-21-0-00-015
Harlan P. Hankins 26997 WCR 17 Johnstown, Co 80534 0957-17-0-00-016
0957-20-0-00-024
* Orel E. & Rachel Richey 25973 WCR 17 Johnstown, CO 80534 0957-29-0-00-014
* Tollgate Farms Inc. 179 So Monroe St. Denver, CO 80209 0957-29-0-00-015
* Western Gas Supply Inc. P.O.Box 840 Denver,CO 80201 0957-28-0-00-001
* Edward & Marjorie Kinzer P.O. Box 280 Johnstown, CO 80534 0957--28-0-00-027
* Roger L. & Helen M. Williams 25790 WCR 17i Milliken, CO 80543 0957-28-0-00-026
* THESE PROPERTY OWNERS ARE MORE THEN 500 ft. FROM THE PROPOSED SITE
BUT ARE 500 ft. FROM THE FARM WHERE THE PROPOSED IS LOCATED.
890163
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property
STATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names
and addresses of all mineral owners and lesses of mineral owners on or under
the parcel of land which is the subject of the application as their names
appear upon the records in the Weld County Clerk and Recorder's Office, or
from an ownership update from a title or abstract company or an attorney.
Ii
The foregoing instrument was subscribed and sworn to before me this
day of jeCea. der , 19 F21-
WITNESS my hand and official seal.
My Commission expires:
17,1:c77:./(7)Notary Publi
1380168
LITTLE 'I HOMPSON WATER DISTRICT
DIRECTORS
Carey J Salomonson, Telephone 532-2096
President 307 Welch Avenue
Glenn W Gibson Drawer G
Leo Rekel
Keith Croonqulst Borlhaud,Colorado 80513
Iam Reynolds
E I hones Ricora
Dean Anderson
MANAGER
JohnM Gruner December 7, 1988
Mr. Don Wiedeman
26886 Weld County Road 17
Johnstown, CO 80534
Re: Service Commitment
Dear Mr. Wiedeman:
This letter is in response to your request that the Little Thompson
Water District commit to provide domestic water service to a
property described as follows :
A proposed AM Radio Tower and Transmission site located
in part of the SWi of the NW$ of Section 21 , Township
5N, Range 66 West of the 6th Principal Meridian in Weld
County Colorado.
Currently the District has a 2 " diameter water line located along
the West side of Weld County Road 17 near the above described sitr,.
This line does have additional capacity available at this time.
Therefore, we will commit to provide domestic water service via
1 - 5/8" x 3/4" standard residential water tap. Any improvements
that may be required to District facilities to provide service
will be the financial responsibility of you the person requesting
service in accordance with the Rules and Regulations of the District.
The current fee for the above described water tap is $3 , 000 and is
subject to change without notice.
This commitment will expire one year from the date of this lettr,r
if the tap has not been purchased and installed by thatilate.
If you have any questions, or should you need additional information ,
please contact our office.
Since�y,
Operations Supervisor
BD/jl
890168
Hello