HomeMy WebLinkAbout20210554.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE:
AMOUNT
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
PROPERTY INFORMATION
Is the property currently in violation? a No 1 n Yes Violation Case Number:
Parcel Number: o o__ _ o o_ o o
--7700 Block of CR80
Site Address:
PT SE4 17-47-67 EXC THAT PT OF SE4NE4SE4 LYING N & E OF ROW OF WATER SUPPLY & STORAGE DITCH
Legal Description:
17 7 67
Section: , Township N, Range W Zoning District: Acreage:
Within subdivision or townsite? ri No / [— Yes Name:
Water (well permit # or water district tap #):
Sewer (On -site wastewater treatment system permit # or sewer account #):
Floodplain F -No _
Yes Geological Hazard
PROPERTY OWNER(S)
Name: Nels Nelson
No / MYes Airport Overlay F. No 1 Yes
Company:
Phone #:
Cactus Hill Ranch Co
970-381-0531
Email: nelsnelson@cactushillranch.com
Street Address: 38990 State Highway 257
City/State/Zip Code: Fort Collins, CO 80524
Name:
Company:
Phone #:
Street Address:
City/State/Zip Code:
Email:
APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent)
Name:Matt Schilz
Company:
Phone #:
Public Radio for the Front Ranee
970-817-0944
Email: matts@krfcfm.org
Street Address: 619 S College Ave #2
City/State/Zip Code: Fort Collins, CO 80524
(We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property
must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be
included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has
the legal el'hority to sign }.if the corporation.
Y
-7 -7
Signature
Nels Nelson
Print
12-3-2020
Date
Signature
Matt Schilz
Print
12-3-2020
Date
I, (eve), - - Am US tv
(Owner — please print)
DEPARTMENTS OF PLANNING
BUILDING AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
G REELEY, CO 80681
AUTHORIZATION FORM
give permission to nil
(Authorized Agent — please print)
to apply for any Planning: Building or Septic permits on our behalf, for the property located at (address or parcel number) below:
OS -07 .17- 00 - 00
erSE ti -01401 EXC. -Pier ear
Legal Description: Raw OF was Mil4rSTOKE of Section
tcti
I�
Township_ v7_ N, Range
�
p
Subdivision Name: Lot Block
Property Owners Information:
Address: 313 o- i 1 (.14 wAY I -
Phone:
q7o- 121.-05" 31
Authorized Agent Contact Information:
Address:
` Cot . ,ors ?
Phone: 'no- 8/1.-- 09 rie
Correspondence to be sent to: Owner
Additional Info:
E-mail: /tag A coo e CAtin/S. I-4 t.I- 4 COO"
E-IVlail:itifirris'Icanc Fein; oft
Authorized Agent Both 41% / by Mail Email _ )1
Owner Signature:
Owner Signature:
Date: 10/19/2020
Bate:_
KRFC New Tower Proposal
Planning Questionnaire:
1. The proposed use of this property includes constructing an equipment shelter and a free
standing tower to broadcast KRFc-FIJI 88.9 Mhz. The tower supports the antennas used
for transmitting and receiving, while the shelter houses the transmitters, receivers, and
other equipment necessary for broadcast use. Public Radio for the Front Range owns and
operates KRFC-FM 88.9 I hz.
2. The need for this proposed use is to increase the amount of people KRF -FIJI can reach
with its free, community based information and entertainment source. This facility will more
than double the size of population it currently covers.
8. The currant use of the land is seasonal hay storage. It is not farmed or used for any other
purposes at this time.
4. The closest residence is located 325 yards away and is part of the existing cactus Will
Ranch company's commercial operation. The next closest residence is 478 yards away
and is part of a commercial dairy operation. Other than two more residences that are also
part of Cactus Will Punch's property, all others are a mile's distance away.
5. The land used around the site consists of agriculture, commercial, and utility easement. The
proposal is consistent with the surrounding land uses. It is immediately adjacent to
agricultural use, and is also near a utility power line which has high towers spaced 890 feet
apart. The proposal is also near other communications towers.
6. This proposed facility will operate 24/7/365.
7. This proposed facility will be unmanned.
8. Curing construction not more than 10 persons are expected to be on the site at any given
time. Curing operation, not more than 3 persons are expected to be on the site at any given
time.
9. No animals will be on the site at any time.
10. No operating or processing equipment will be used on site.
11. No existing structures exist on this site. A 199' tower, 12'xar shelter, and a 8' high chain
link fence in a 5o'x5o' square is proposed. The tower will house the antennas, the shelter
will house the transmission equipment, and the fence is provided for security and safety.
12. No storage will tape place at this site, waste or other.
18. Waste will be removed the same day as it is created, by the same means it arrived on site.
14. Time table of construction:
Dirt work / grading [1-2 days]
Tower/shelter foundation [1 weep]
Erect tower [1 week]
Install antennas [1 week]
Set shelter [2 days]
Electrical/equipment installation [1 week]
Fence/gate installation [1 week]
15. The existing surface is natural grass and bare dirt. The proposed facility includes crushed
rock inside the perimeter fence, 2599 sq. ft. One building and three tower foundations will
also make up the lot surface. An unimproved road will connect the existing road that runs
along the adjacent property line to the fenced facility.
16. No parking spaces are proposed since this is an unmanned facility.
17. There is no existing fence or screening. The site is currently used for seasonal hay storage.
The proposed chainlink fence is 60' square and 6' high.
18. There is no existing landscaping. No landscaping is planned at the moment.
19. When USR is terminated, natural grass/plants will be planted after rook, fence, building,
tower foundation, etc. are removed.
26. Crushed rock will keep fuels from growing next to the structures and will also prevent fire
spreading from proposed facility.
21. This proposal is consistent with Weld County's comprehensive plan (chapter 22) by safely
and effectively constructing an upgraded communications facility which will better serve
the regional communities than the previous facility could. Improving RFC's coverage in
Greeley and Weld county not only ensures adequate levels of service that's reasonably
obtainable, but improves its availability and quality. (C. Policy 1.1 in section 22-2-100)
22. This proposal is consistent with weld county's zoning (chapter 23) intent because it will be
bound by all applicable codes and requirements set forth by the Weld county zoning
Department. The nature of FM broadcast allows a signal, such as the proposed, to cover
large numbers of people, utilizing very little land. This proposal would convert a very small
amount of land psoo sq. ft.) from agricultural to commercial.
2. This proposal is compatible with future development of the surrounding area because most
of the surrounding area is agricultural or commercial already. There is also a high tension
power line near the proposed facility.
24. The proposed facility will abide by all federal, state, and county rules and regulations as
well as any applicable OSHA regulations. The radiation levels of the proposed facility are
designed and will be verified to be within the allowable occupational and public limits as
defined by the Federal communications commission. The proposed facility does not
impact the health, safety and welfare of county inhabitants.
2. The proposed facility is near a center pivot irrigation system. The site was chosen to be
located outside of this system's reach and is therefore located on un-irrigated land. Also,
the proposed facility is small in relation to the size of the farmed land it is adjacent to. The
facility is proposed to be located on land that is not currently farmed.
26. This proposal is not located within an overlay Zoning District or special Flood Hazard Area.
27. Pu'b'lic Radio for the Front Flange is currently in the process of applying to the FCC for
modification of its current facility.
KRFC New Tower Proposal
Public Works Questionnaire:
1. No new access is proposed.
2. No anticipated changes for the existing access.
. There is no existing access gate.
4. There is an existing access .26 mile from R80/CR17 on the south side of CR8O. There is
an existing access .5 mile from CR80/CR17 on the north side of CR80. This is located on
the adjacent property where the facility is proposed and is the proposed access for the new
facility. There is also an existing access .58 mile from R80/CR17 on the south side of
CR80 that is used for a field access.
5. No difficulties are anticipated from the very rare visitation of the proposed facility.
. There is a slight curve to the east of the existing access on CR80.
7. The topography in the vicinity of the access is flat to very slight hills.
10-19-2020
RFC - Public Radio for the Front Flange
619 s college Ave #2
Fort Collins, CO 80524
Drainage Requirements for Telecom Antenna Tourer Application
To Whom it may concern;
The proposed telecom antenna tower application qualifies for an exception to the stormwater
detention per Weld county node, section 8-11-40.1 Exception 4. "Towers including, but not
limited to, wind and telecommunication towers." The proposed facility application is a
telecommunications tourer.
Drainage narrative;
1. Existing improvements are an irrigated field, proposed improvement is a 2500 sq. ft. area
covered in cashed rock.
2. Exception 4 is being requested for consideration.
3. 'mater would originate from the north.
4. Water would leave to the south.
s. Water would flog from north to south across the property.
6. There are no previous drainage problems.
7. There is a 1,266 ft. center pivot located 1,512 ft. from the proposed facility.
8. No additional pertinent information is available.
10-19-2020
RFC - Public Radio for the Front Range
619 S College Ave #2
Fort Collins, co 80524
MS4 Requirements for Telecom Antenna Tower Application
To 'whom it may concern;
S4 requirements are not applicable to this proposed facility's application.
10-19-2020
R'FC - Public Radio for the Front Range
619 s college Ave #2
Fort Collins, CO 80524
Traffic Information for Telecom Antenna Tower Application
To Whom it may concern;
It is requested that this application is reviewed for qualification to be excepted from defining a
Traffic Impact Study Area and performing a Preliminary Traffic Impact analysis. This proposed
facility will have no significant traffic impact because it is an unmanned facility that will only be
visited by station personnel once or twice per month.
Traffic Narrative:
1. Zero trips per day are expected for any and all types of vehicles.
2. The travel route is to turn north onto an access road that is located on CR o, .5 miles from
the intersection of cR80/CR17, then turn east into proposed facility.
. It is anticipated that 50% of the traffic will come from the east and 50% will come from the
west.
. No traffic volume of significance is anticipated.
KRFC New Tower Proposal
Environmental Health Questionnaire:
1. There is no existing or proposed potable grater for this facility.
. There is no existing or proposed sewage disposal for this facility.
. No storage will take place at this facility.
4. No storage will take place at this facility.
5. No fuel will be stored at this facility.
6. No gashing will tale place at this facility.
7. There will be no flog drains at this facility.
8. No air emissions will come from this facility.
. No design and operations plan is anticipated to be needed for this facility.
10. No nuisance plan is anticipated to be needed for this facility.
10-27-2020
RFC - Public Radio for the Front Flange
619 s college Ave #2
Fort Collins, co 80524
Environmental Health Requirements Checklist
To Whom it may concern;
This proposed facility is presumed to be excepted from the remainder of the environmental
health requirements checklist. No rater supply or sewage system is proposed for this facility.
Noise from the proposed facility will not exceed code requirements. No waste or dint will be
created by this proposed facility.
Division 10 - Antennas and Tourers
Sec. 23 -4 -Soo. - Purpose.
The purpose of this Division is to accommodate the increasing wireless communication needs of
County residents, businesses and visitors while protecting the public health, safety, general welfare and
visual environment of the County by:
A. Enhancing the ability to provide wireless services to County residents, businesses and visitors.
B. Simplifying and shortening the process for obtaining necessary permits for antennas and
TELECOMMUNICATION ANTENNA TOWERS, while protecting the legitimate interests of
County residents.
C. Protecting the Counter's environmental resources and visual environment from the potentially
adverse visual effects of antennas and TELECOMMUNICATION ANTENNA TOWERS through
careful design and siting standards.
D. Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the County
by requiring TELECOMMUNICATION ANTENNAS to be placed on existing STRUCTURES wherever
possible and requiring CO -LOCATION of telecommunication providers on existing and new
TELECOMMUNICATION ANTENNA TOWERS.
E. Using performance standards and incentives to promote location of TELECOMMUNICATION
ANTENNAS on concealed STRUCTURES and existing BUILDINGS and TELECOMMUNICATION
ANTENNA TOWERS.
(Weld County Code Ordinance 2010-6 ; Weld County Code Ordinance 2019-02)
Sec. 23-4-805. - Definitions.
For the purposes of this Division 10, certain terms or words used herein shall be interpreted as
defined in Section 23-1-90.
(Weld County Code Ordinance 2010-6 ; Weld County Code Ordinance 2015-8 ; Weld County Code
Ordinance 2019-02)
Sec. 23-4-810. - Preferred order for locating Telecommunication Facilities.
The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is from
most preferred to least preferred and based on economic and technical feasibility:
A. CO -LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS.
B. TELECOMMUNICATION ANTENNA, ATTACHED.
C. TELECOMMUNICATION ANTENNA, CONCEALED.
D. TELECOMMUNICATION ANTENNA TOWER. New TELECOMMUNICATION ANTENNAS shall
use the most preferred facility type where economically and technically feasible. A lesser
preferred facility type is allowed only if the applicant presents substantial evidence to show it will
have a lesser visual impact than the USE of more preferred facilities and that the applicant's
desired geographic area cannot be served by using more preferred facilities. Due to the large
size of the FM antenna (92 feet), it is necessary for KRFC to locate its antenna on a new
telecommunication antenna tower.
(Weld County Code Ordinance 2010-6 ; Weld County Code Ordinance 2019-02)
Sec. 23-4-820. - General requirements.
A. TELECOMMUNICATION FACILITIES on Residential Properties. TELECOMMUNICATION
FACILITIES may net be placed on properties or BUILDINGS used primarily for residential purposes.
This does net apply to BUILDINGS containing eight (8) or more DWELLING UNITS or farms and
ranches containing DWELLING UNITS.
B. TELECOMMUNICATION FACILITIES are allowed as a USE by right or ACCESSORY USE on a
property as follows:
1. Reserved.
2. TELECOMMUNICATION ANTENNA TOWERS are not allowed in the following zone districts:
-1, R-2, R-3, R-4, R-5, E and PUD (with residential USES).
. TELECOMMUNICATION ANTENNA TOWERS are permitted either as a USE by right,
ACCESSORY USE, zoning permit, or Use by Special Review in the following zone districts: C,
I, A and PUD (with COMMERCIAL or industrial USES). Use by special review zone district A.
C. ACCESSORY USES to a TELECOMMUNICATION ANTENNA AND TELECOMMUNICATION
ANTENNA TOWER shall not include OFFICES, broadcast studios, long-term vehicle storage or
other OUTDOOR STORAGE, or other USES not needed to send, receive or relay transmissions.
(Weld County Code Ordinance 2010-0 ; Weld County Code Ordinance 2019-02 )
Sec. 23-4-830... Standards for Telecommunication Antenna Towers.
A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a USE by right, ACCESSORY USES,
subject to zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use
by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION
ANTENNA TOWER is defined as the distance from the finished grade at the
TELECOMMUNICATION ANTENNA TOWER base to the highest point of the
TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER
HEIGHT includes the base pad, mounting STRUCTURES and panel antennas, but excludes
lightning rods and whip antennas.
Table 23.4
TELECOMMUNICATIONS ANTENNA TOWERS
Use
by Fight
or Accessory Use
Zoning Permit for
ANTENNA TOWER
TELECOMMUNICATIONS
Use
approval
by Spec
ai
required
Review Permit
Up to 35 feet
in
height
> 35
feet up to 70
feet in
height
Greater than
70 feet
in
height
Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high shall be
located at least one thousand (1,000) feet from gather TELECOMMUNICATION ANTENNA TOWERS
over thirty-five {35} feet high that are capable of supporting TELECOMMUNICATION FACILITIES.
Closer spacing between TELECOMMUNICATION ANTENNA TOWERS may be granted through the
Use by Special Review process. This radial spacing requirement does not apply to facilities located
at designated antenna farms. No other towers are within 1000 feet of proposed facility.
C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this
Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements
set forth in Section 23-4-870, the applicant shall submit documentation addressing the following
standards:
1. Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the
telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA
TOWER. See 10 mile radius tourer study below which describes why co -location is not possible
for this transmission system.
Existing
Telecommunication
Antenna
Towers
Search
Search.
Radius:
16.00 kilometers (9.94 miles)
MAN
Distance
Azimuth
Site Elevation
m
Overall Height Above
Coordinates
(IdAf3 $3)
km
Ground m
Mean Seam
Reason KRFC cannot locate on tower
1014507
14.8 km
86.9°
1507.5 m
57.0 m
1564.5 m
40635' 16.70" Nw
104 43' 55.80" W
Too far east to cover market, no space on tower
1022260
10.1 km
47:5°
1599.0 m
225.0 m
1824.0 m
40638' 32.00" N
104 49' 07.00" W
Too far north, interferes with other station
1024111
11.5 km
344.7° 1631.6 m
197.2 rrl
1828.8 m
40° 40' 50.00" N'd 104 56'34.00" W
Tao far north, interferes with other station
1025251
14.0 km
2816.3° 1472.5 m
153.3 m
1625.8 m
40°27' 20.50" N
104 55' 30.10" W
cosh prohibitive {5150U/rno+}, K saac�
a i to of tahielded to Fort Canis
1027924
0.2 km
79.0° 1576.1 m
31.4 m
1607.5 m
40° 34' 52.10" N
104 54' 17.00" lW
Cost prohibitive ($1800/mo + structure improvements ($5010)
1028388
1032039
14.5 km
271.2°
1521.8 m
48.4 m
1.570.2 m
40° 35' 00.00" N
105 04' 43.00" W
Not enough space an tower
8.4 km
271.5°
1501.7 m
25.3 m
1527.0 m
40° 34' 56.00" N
105 00' 24.00" W
Not tall enough
1034534
14.2 km
302.8°
1563.6 m
109.9 m
1673.5 m
10° 38' 59.00" N
105 02' 53.00" W
Too far north, AM site - cost prohibitive to add FM
1034635
14.1 km
303.1°
1561.2 m
1.09.3 m
1670.5 m
40° 38' 59.00" N
105 02' 48.00"'W'
Too far north, AM site - cost prohibitive to add FM
1034536
14.4 km
302.8°
1565.1 m
109.9 m
167,5.0 m
40639' 03.00" N
1+05 03' 01.00" W
Too far north, AM site - cost prohibitive
to add FM
1045390
10.1 km
47.86
1.599.3 m
229.5 m
1828.8 rte
40° 38'31.00" N
104 49' MOO"'W'
Too far north
1046365
10.1 km
19.4°
1626.1 m
9'2.0 m
1718.1 m
40639' 5$.00" N
104 52' 02.00" W
Doesn't exist
106219B
13.1 km
182.5°
1447.8 m
107.6 m
1555.4 m
40627' 46.00" N
104 54' 49.00" W
Not tall enough, AM site - cost prohibitive to add FM
1063960
12.3 km
248.0°
1509.3 m
43.8 m
1553.1 m
40° 32' 22.001" N
105 02' 30.W' W
Not tall enough, not enough space
1208991
15A km
276.7°
1519.0 m
27.1 m
1546.1 m
40635' 49.00" NCI
105 05' 17.90" W
Not tall enough, not enough space
1209072
14.7 krn
272.3°
1.521.0 m
60.9 m
1581..9 m
40° 35' 09.90" NCI
105 04' 51.90" W
Top of building, not enough space
12091521
1.2.1 km
271.7°
1503.6 m
11.0 m
1.514.6 m
40° 35'01.90" N
10.5 02' 58.90" W
Not tall enough
1222560
13.3 km
256.3°
1517.9 m
28.0 m
1545.91 m
40° 33' 08.60" N
105 03' 34.60" W
Not tall enough
1224850
12.7 km
265.4°
1510.5 m
23.7 m
1534.2 m
40° 34' 17.90" N11
105 03' 22.90" VIA
Not tall enough
1225056
14.4 km
280.8°
1514.2 m
32.0 m
1546.2 m
40'° 36' 17.60" N11
105 04' 27.00" W
Not tall enough, not enough space
1231217
8.4 km
273.4°
1504.5 m
34.5 m
1539.0 m
40° 35' 07.00" NV
105 00' 23.00"'W
Not tall enough, not enough space
1232618
14.7 km
261.2°
1527.9 m
30.5 m
1558.4 m
40° 33' 37.90" Nd
145 04' 45.50" tilt/
Not tall enough, notenough space
1250139
1.5.5 km
266.8°
1.528.6 m
19,8 m
1548.4 m
40° 34' 22.30" N
1+05 05' 25.80" W
Not tall enough, not enough space
1250576
13.4 km
2.55.6°
1519.4 m
24.4 m
1543.8 m
40° 33' 03.20" N11
105 03' 36.90" "W
Not tall enough, not enough space
1266332
10.8 km
278.9°
1509.3 m
36.5 m
1545.8 m
40° 35' 44.80" ICJ I
105 01' 57.9'0" tiW
Not tall enough, not enough space
1273951
12.0 km
249.6°
1507.6 m
18.3 m
1525.9 m
4t}° 32' 35.00" N
105 02' 26.00" W
Not tall enough, not enough space
1282360
14.4 km
235.0°
1515.8 m
16.8 m
1532.6 m
40° 30' 22.50" NCI
105 02' 48.70" U'V
FAA antenna, can't mount Fill, too short
12'99189
13.1 km
2.27.5°
1502.0 m
12.2 m
1514.2
m
40° 30'
04.60"
N 105 01"
15.20" W
Not tall enough, not enough space
1301604
13.1 km
274.9°
1508.0 rn
20.7 m
1528.7 m
40° 35' 26.60" N
105 03' 42.00" W
Not tall enough, not enough space
1306850
11.7 km
289.0°
1539.8 m
13.7 m
1553.5 m
40° 36' 5'3,60" NV
10.5 02' 15.70" tillil'
Not tall enough, not enough space
2. The TELECOMMUNICATION ANTENNA. TOWER shall not constitute a hazard to aircraft.
Antenna tower does net constitute as a hazard to aircraft dine to location and 199' height.
3. The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property to contain on
site all ice -fall or debris from TELECOMMUNICATION ANTENNA TOWER failure. The proposed
tower will be located on site and entire fall zone is included. The lot will be able to contain any
ice -fall or debris from the tower within the site.
4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for
CO -LOCATION. The applicant may provide written justification and evidence why CO -
LOCATION is not possible. The Board of County Commissioners may revoke permits or other
administrative approvals if conditions for approval of a TELECOMMUNICATION ANTENNA
TOWER includes CO -LOCATION, but: Co -location is welcomed as space is available.
a. The TELECOMMUNICATION ANTENNA TOWER owner is not willing to provide space for
other carriers at a fair market rate when it would not impair the structural integrity of the
TELECOMMUNICATION ANTENNA TOWER or cause interference.
b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the STRUCTURE in a
way to make CO -LOCATION impractical or impossible.
c. If approval is revoked, the facility shall be removed at the owner's expense.
5. The TELECOMMUNICATION ANTENNA TOWER shall have the least practicable adverse
visual impact on the environment. The proposed tower will maintain a galvanized finish to best
reflect the ambient lighting conditions during daylight hours. The 199' is the minimum height
required for the proposed transmission system. The proposed tower does not have guy wires.
8. The proposed TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will
adversely affect human health. The proposed facility will be fenced and properly marked with
proper {MFR signage describing any health risks that may be present inside facility. All federal
RFR requirements will be met.
?. The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height
needed to accommodate the TELECOMMUNICATION ANTENNA. The proposed tower is no
taller than necessary to support the FM antenna and to provide coverage as granted by the
FCC.
8. The proposed TELECOMMUNICATION ANTENNA TOWER shall comply with all applicable
federal and State regulations. The proposed tower complies with all state and federal
regulations.
g. The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall insure structural
integrity. The proposed facility will have stamps of approval from applicable licensed engineers.
10. The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to
discourage unauthorized climbing and to insure the security thereof. The proposed facility will
be fenced and will have proper signage for all risks if inside the fence.
11. All reasonably possible sites for the TELECOMMUNICATION ANTENNA TOWER have been
considered, and the proposed site is the most appropriate, available site from a land use
perspective. Other sites were studied, but this is the most appropriate site for this proposed
antenna tower. The land at this site is not being used for anything other than hay storage.
12. The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact wildlife.
An environmental study will be performed to ensure wildlife is not adversely impacted.
18. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the
facility may be required as a condition of approval of the Decommissioning Plan. Public Radio
for the Front Range will cover all required costs and fees for the decommissioning of it tower
site and return of the location to its previous natural state, is such decommissioning is required.
D. TELECOMMUNICATION ANTENNA TOWER and Equipment SETBACKS and OFFSETS.
1. TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up
to two (2) feet into the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING
ZONING DISTRICT, but shall not extend over LOT lines. This proposed tower's worst case fall
radius does not cross any property boundaries.
2. Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS, CONCEALED
are the same as the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING
ZONING DISTRICT. Minimum setbacks are according to zone A.
8. Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS are as
follows:
a. From LOT lines of properties in the A, C, I and PUD (with COMMERCIAL or industrial
U SES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA
TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS in the
U NDERLYING ZONING DISTRICT. For property located in the Agricultural vane, 100% of
the proposed tower height will be located within the property.
b. From subdivision exemption boundaries for non -permanent USE of a parcel for
Telecommunication Antenna Tower Facilities in the Al C, I and PUD (with COMMERCIAL or
industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION
ANTENNA TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS in the
U NDERLYING ZONING DISTRICT, unless evidence of a recorded easement granted by
the underlying property owner, which allows for the fall of the tower onto the burdened
property is provided. As an alternative, the applicant may provide stamped documentation
from an engineer licensed to practice in the state demonstrating that the tower and debris
would fall completely within the boundary of the subdivision exemption. This proposed
facility is permanent.
4. Guy wires and equipment BUILDINGS and cabinets. No part of the TELECOMMUNICATION
ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property
boundary than minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING
DISTRICT. All appurtenances will be located with proper setbacks from property lines.
E. Equipment Design.
1. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15) feet
over the height of the BUILDING or STRUCTURE and may exceed the UNDERLYING ZONING
DISTRICT height limitation. TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a
BUILDING or STRUCTURE wall shall be as flush to the wall as technically possible, and shall
not project above the top of the wall, and shall be located, painted and/or screened to be
architecturally and visually compatible with the wall to which it is attached. N/A
2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth -tone colors
that blend, to the extent possible, with the surrounding BUILDING and natural environment,
unless State or federal regulations require specific colors. The proposed tourer will maintain a
galvanized finish to best reflect the ambient lighting conditions during daylight hours.
3. TELECOMMUNICATION ANTENNA TOWERS shall not be artificially lighted unless required by
the FAA or other State or federal agency. Security lighting on the site may be mounted up to
twenty (20) feet high and shall be directed toward the ground to reduce light pollution, prevent
offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER.
The proposed tower will not be artificially lighted.
4. Equipment BUILDINGS shall be compatible with the architectural style of the surrounding
BUILDING environment with consideration given to exterior materials, roof form, scale, mass,
color, texture and character. Equipment BUILDINGS shall be constructed with materials that are
equal to or better than the materials of the PRINCIPAL BUILDING. Equipment cabinets shall be
located, painted and/or screened to be architecturally and visually compatible with the
surrounding BUILDING and natural environment. No other buildings exist in the area, but it will
be painted or finished in a natural color that blends in with its surroundings.
5. The maximum permissible noise level shall adhere to the maximum permissible noise levels
allowed in the UNDERLYING ZONING DISTRICT as delineated in Chapter 14, Article IX of this
Code. The project would be constructed and maintained in accordance with Chapter 14, Article
Ix
F. Base or Accessory► Site Design.
1. If determined to be required by either the Director of the Department of Planning Services or the
Weld County Board of Commissioners in the course of processing a Zoning Permit for a
Telecommunication Antenna Tower Facility or Use by Special Review Permit, SCREENING and
landscaping appropriate to the context of the site and in harmony with the character of the
surrounding environment may be installed when any part of the facility is visible from PUBLIC
RIGHTS -OF -WAY or ADJACENT properties. Landscaping design will be proposed to bring the
site to a pleasant visual finish that will reflect the surrounding environment.
2. Existing vegetation and grades on the site should be improved or preserved to the extent
passible. Only minimum amount of sail and vegetation will be disturbed during construction. The
property is part of Cactus Hill Ranch CO and have strict guidelines to be followed to minimize
impact during excavating and grading.
Signage at the site is limited to nonilluminated warning and equipment IDENTIFICATION
SIGNS. This does not apply to concealed antennas incorporated into FREESTANDING SIGNS.
No illuminated signage is proposed for this facility.
TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones, shall not
include manned OFFICES, long-term vehicle storage or other outdoor storage, or other uses
not needed to send, receive or relay transmissions. There will be no manned offices or storage
at this proposed facility.
G. Abandonment. If the Use by Special Review has not commenced within three (3) years from the
date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed
inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to
grant an extension of time to commence the USE or revoke the USE. If the USE is revoked, it shall
be necessary to follow the procedures and requirements of this Division in order to reestablish any
subsequent USE by right or Use by Special Review. Upon the determination that the USE has been
abandoned, the facility owner has ninety (90) days to re -use the facility or transfer the facility to
another owner who will re -use it or remove the facility. Evidence of such shall be provided, in writing,
to the Department of Planning Services.
1. Removal of abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all
lease agreements and shall specifically address the duties and obligations of the lessee and its
assigns as well as the property owner regarding the removal of TELECOMMUNICATION
ANTENNA TOWERS deemed by the County to be abandoned. Decommissioning and removal
of the tower is explicitly outlined in the land lease contract between Public Radio for the Front
Range and Cactus Hill Ranch Co.
2. If required by the Director of Planning Services or the Board ofCounty Commissioners, the
applicant or owner shall submit an Improvements Agreement agreeing to remove the
improvements as shown in the application, plans, plat and other supporting documents. The
agreement shall be made in conformance with the County policy on collateral for improvements.
The agreement shall be approved by the Board of County Commissioners prior to
commencement of operations, as applicable. See "Decommissioning Plan" letter.
(Weld County Code Ordinance 2010-6 ; Weld County Code Ordinance 2015-8 ; Weld County Code
Ordinance 2019-02 )
Sec. 23-4-$40. - Supplemental Use by Special Review Permit application requirements for
Telecommunication Antenna Tourers.
A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this
Chapter, applications for administrative or Use by Special Review approval of proposed
TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, shall
include the following:
1. A Site Plan showing the location and legal description of the site; on -site land USES and zoning;
adjacent STREETS/ROADS; parking and access; areas of vegetation and landscaping to be
added, retained, replaced or removed; SETBACKS from property lines; and the location of the
TELECOMMUNICATION FACILITY, including all related improvements, BUILDINGS and
equipment. See USR map.
2. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/
ROADS:
a. Within one hundred (100) feet of a proposed attached antenna site. See USR map.
b. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNAS,
CONCEALED, temporary TELECOMMUNICATION ANTENNA TOWER or micro -cell
TELECOMMUNICATION ANTENNA TOWER site. See USR map.
c. Within a distance of one (1 ) mile of a proposed TELECOMMUNICATION ANTENNA
TOWER site. See USR map.
3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS,
STRUCTURES, equipment BUILDINGS and cabinets, fencing, SCREENING, landscaping,
lighting and other improvements related to the facility, showing specific materials, placement
and colors. See USR map section of packet.
4. If required by the Department of Planning Services, photo -realistic renderings (photosyms) of
the site after construction, demonstrating the true impact of the TELECOMMUNICATION
FACILITY on the surrounding visual environment. The Department of Planning Services may
request photo -realistic renderings of the site from specific vantage points. Possibly not
applicable because located in agricultural and commercial area.
5. A report describing the TELECOMMUNICATION FACILITY and the technical need and other
reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY
and its role in the network; and the capacity of the STRUCTURE, including the number and type
of antennas it can accommodate. See planning questionnaire in packet.
6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or
equivalent), if the facility is located near an AIRPORT or a flight path. No airport within 5 miles.
DETERMINATION Results
Structure does not require registration. There are no airports within 8 kilometers (5 miles) of the coordinates you
provided.
Your Specifications
NAD EI3 Coordinates
40-34-D3.9 noith
Latitude
Longitude
104-54-59.6 west
Measurements (Meters)
Overall Structure Height (AGL)
Support Structure Height (AGL)
Site Elevation (AMSL)
60.7
1535.9
Structure Type
LTOWER - Lattice Tower
7. If landscaping/SCREENING EENING is required by the Department of Planning Services the applicant is
responsible for landscaping, SCREENING, site maintenance and the replacement of dead plant
material. The applicant will install landscaping or screening as required by the planning
department.
8. A schedule for the installation of landscaping and SCREENING, if applicable. To be determined
by planning department.
9. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER.
The applicant may provide written justification and evidence why co -location is not possible.
See Co -location Letter of Intent in supplemental requirements packet.
10. A letter of intent or lease agreement statement which addresses removal of the facility at the
expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed
abandoned. The applicant or owner may also be required to submit an Improvements
Agreement agreeing to remove the improvements as shown in the application, plans, plat and
other supporting documents. The agreement shall be made in conformance with the County
policy regarding collateral for improvements and shall be approved by the Board of County
Commissioners prior to commencement of operations, as applicable. The Department of
Planning Services may request additional copies of any submittal item for review by other
agencies. See Decommissioning Flan in packet.
11. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA
TOWER in addition to the service area/radius of other existing TELECOMMUNICATION
ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA
TOWER location. See Service Area Coverage Map in supplemental requirements packet.
TELECOMMUNICATION FACILITY Inventory{. The first application for a proposed
TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the
provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all
incorporated areas within the County, and one (1) mile beyond the County border, including
Wyoming. See Provider's Other t=acilities in supplemental requirements packet.
(Weld County Cade Ordinance 2010-6 ; Weld County Code Ordinance 2015-8 ; Weld County Code
Ordinance 2019-02
Sec. 3-4-850. - Application review of Telecommunication Antenna Towers.
A. Technical Issues and Expert Review. TELECOMMUNICATION FACILITIES may involve complex
technical issues that require review and input that is beyond the expertise of County staff. The
Department of Planning Services may require the applicant to pay reasonable costs of a third -party
technical study of a proposed TELECOMMUNICATION FACILITY. Selection of experts to review the
proposal will be at the sole discretion of the County. This proposed facility will be entirely reviewed
and licensed by the FCC.
B. Building Permits. Zoning Permit and Use by Special Review approval of TELECOMMUNICATION
FACILITIES are separate from the building permit review process. Building permits for the
construction of TELECOMMUNICATION FACILITIES cannot be issued until the facility is approved
through the administrative, Planning Commission or Use by Special Review process. Building
permits will be applied for separately for the proposed tower and building.
(Weld County Code Ordinance 2010-6)
Sec. 23-4-860. - Information request.
A. System Information. A TELECOMMUNICATION ANTENNA TOWER provider will meet with the
Department of Planning Services to furnish information about the proposed system design.
B. Information Sharing. The Planning Department may share information with other interested parties
seeking to locate TELECOMMUNICATION FACILITIES in the County in an effort to promote CO -
LOCATION and co -development of TELECOMMUNICATION FACILITIES.
(Weld County Code Ordinance 2010-6)
Sec. 23-4-870. - Zoning Permit for Telecommunication Antenna Tourer permit application requirements.
An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include
the following:
A. Name, address and telephone number of the applicant. See application.
S. Name, address and telephone number of the owner of the land, if different from Paragraph A
above. See application.
C. Parcel number and legal description of the property for which the application is made. See
application
D. Evidence of interest in the subject land held by the applicant. See Geed in packet.
E. Number of acres of the property. See application.
F. Elevation drawings of the proposed TE'LECO'MMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES and other improvements related
to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors.
See Site Elevation Drawing in supplemental requirements packet.
C. Weld County Access Permit.
H. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/
ROADS: See USR map.
1. Within five hundred (500) feet of the proposed Antenna TELECOMMUNICATION
ANTENNA TOWER site. See USR map.
I. A sketch plan of the site at the scale of one (1 ) inch represents fifty (60) feet, or other suitable
scale, to show: See USR map.
1. The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other
support STRUCTURES (guy wires), including distances from the property LOT lines,
above -ground power lines and other STRUCTURES on the property.
2. Location and measurements of any easements or rights -of -way.
3. An access is or can be made available that provides for safe ingress and egress to a
PUBLIC STREET/ROAD. All accesses shall be in accordance with the access
requirements set forth in this Code.
4. Identification of any COUNTY, State or federal STREETS/ROADS or highways.
6. Existing STRUCTURES on the property.
6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support
STRU CTU RES.
J. If required by the Department of Planning Services, photo -realistic renderings (photosyms) of
the site after construction, demonstrating the true impact of the TELECOMMUNICATION
FACILITY on the surrounding visual environment. The Department of Planning Services may
request photo -realistic renderings of the site from specific vantage points.
A statement describing the TELECOMMUNICATION FACILITY and the technical need and
other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY
and its role in the network; and the capacity of the STRUCTURE, including the number and type
of antennas it can accommodate. See Telecommunications Facility Description in supplemental
requirements packet.
L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or
equivalent), if the facility is located near an AIRPORT or a flight path. No airport Within 5 miles.
M. A schedule for the installation of landscaping and SCREENING, if applicable. To be determined
by planning department.
N. If landscaping/SCREENING is required by the Department of Planning Services, the applicant
is responsible for landscaping, SCREENING, site maintenance and the replacement of dead
plant material. The applicant will install landscaping or screening as required by the planning
department.
O. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER.
The applicant may provide written justification and evidence why co -location is not possible.
See Co -Location Letter of Intent in supplemental requirements packet.
P. A letter of intent or lease agreement statement which addresses removal of the facility at the
expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed
abandoned. The applicant or owner may also be required to submit an Improvements
Agreement agreeing to remove the improvements as shown in the application, plans, plat and
other supporting documents. The agreement shall be made in conformance with the County
policy regarding collateral for improvements and shall be approved by the Board of County
Commissioners prior to commencement of operation, as applicable. The Department of
Planning Services may request additional copies of any submittal item for review by other
agencies. See Decommissioning Plan in packet.
Q. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA
TOWER in addition to the service area/radius of other existing TELECOMMUNICATION
ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA
TOWER location. See Service Area Coverage Flap in supplemental requirements packet.
R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed
TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the
provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all
incorporated areas within the County, and one (1 ) mile beyond the County border, including
Wyoming. See Provider's Other Facilities in supplemental requirements packet.
S. An application fee. An additional fifty (5 0) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of the
investigation fee shall not relieve any persons from fully complying with the requirements of this
Chapter, nor from any other penalties.
T. A certified list of the names, addresses and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property (the surface estate) within five
hundred (500) feet of the property lines of the parcel on which the TELECOMMUNICATION
ANTENNA TOWER shall be placed. The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from
such records or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor, the applicant shall certify that such list was assembled
within thirty (30) days of the application submission date. See Signed Buffer Deport in packet.
U. A letter of intent or lease agreement statement which addresses removal of the
TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY
and/or property owner if it is deemed abandoned. The applicant or owner may also be required
to submit an Improvements Agreement agreeing to remove the improvements as shown in the
application, plans, plat and other supporting documents. The agreement shall be made in
conformance with the County policy regarding collateral for improvements and shall be
approved by the Board of County Commissioners prior to commencement of operations, as
applicable. The Department of Planning Services may request additional copies of any submittal
item for review by other agencies. See Decommissioning Plan in packet.
V. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or
pipeline that traverses the property. See Owner Operator Letter in packet.
{Weld County Code Ordinance 2010-0 ; 'Meld County Code Ordinance 2015-8 ; Weld County Code
Ordinance 2010-5 ; Weld County Cade Ordinance 2019-02
Sec. 23-4-880. - Referrals to Municipalities within one-half Ph) mile of Commercial Antenna
Telecommunication Antenna Towers.
The Department of Planning Services shall refer all Zoning Permits for TELECOMMUNICATION
ANTENNA TOWER applications to municipalities whose boundaries are located within one-half (%) mile
of the boundaries of the subject property. The municipalities named shall respond within twenty-eight (28)
days after the mailing of the application by theCOUNTY. The failure of any municipality to respond within
twenty-eight (28) days may be deemed to be a favorable response to the Board of County
Commissioners. NOIs were emailed to Windsor, Severance, and Timnath on Oct .21st 2020. See NOI
section in packet for any responses.
(Weld County Code Ordinance 2010-6)
Sec. 23 -4 -89th. - Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for a
TELECOMMUNICATION ANTENNA TOWER, which otherwise requires the approval of the Board of
County Commissioners through a public hearing process, to the Department of Planning Services upon a
determination by the Department that:
A. The applicant is in compliance with the criteria identified in this Chapter for the specific category
of zoning permit for which application is being made.
B. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (80%) of surrounding property owners within five hundred (500) feet
of the subject property in opposition to the location of the TELECOMMUNICATION ANTENNA
TOWER. If opposed, the petition shall indicate that the surrounding property owners who have
signed the notification have objections to the issuance of a zoning permit for the
TELECOMMUNICATION ANTENNA TOWER.
C. The Department of Planning Services and has not received referral responses in opposition to
the location of the TELECOMMUNICATION ANTENNA TOWER from municipalities within one-
half (%) mile of the subject property.
(Weld County Code Ordinance 2010-6)
Sec. 28-4-892. - Addition of Equipment on Existing Telecommunication Tower Facilities.
A. Addition of equipment onto existing TELECOMMUNICATION FACILITIES (including existing
nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review
Permit, Site Plan Review or Zoning Permit if the TELECOMMUNICATION ANTENNA TOWER
HEIGHT remains unchanged, the coverage area and communication reception for existing facilities
are not impacted, and the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and
accessory equipment does not expand.
S. Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including existing
nonconforming antenna tower facilities) that extend the TELECOMMUNICATION ANTENNA TOWER
HEIGHT and/or expand the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER
andior accessory equipment shall be reviewed by the Department of Planning Services Staff to
determine whether or not a new or amended Use by Special Review {USR} or a new Zoning. Permit
will be required.
( Weld County Code Ordinance 2015-8 ; Weld County Code Ordinance 2019-02 )
Sec. 28-4-894. - Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities.
A new or amended Subdivision Exemption is not required if not expanding ground area of the
TELECOMMUNICATIONS ANTENNA TOWER site or if not extending the TELECOMMUNICATION
ANTENNA TOWER HEIGHT and the coverage area and communication reception for existing facilities
are not impacted. Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the
'field County Code.
( Weld County Code Ordinance 2015-8 ; Weld County Code Ordinance 2019-02 )
Sec. 28-4-895. - Requirements for Noncommercial Towers.
NONCOMMERCIAL TOWERS shall be subject to the following requirements:
A. NONCOMMERCIAL TOWERS shall be permitted in all zone districts. See Appendix 23-F for
requirements in zone districts.
S. NONCOMMERCIAL TOWER components, including any and all antennas, appurtenances,
cables, guy wires or structural supports, shall be subject to the front, side and rear SETBACK
requirements for ACCESSORY STRUCTURES for the zone district in which the tower is
located. This provision shall not apply to the tower itself.
NONCOMMERCIAL TOWERS shall be set back from any existing or planned overhead
transmission lines a distance greater than the height of the tower.
D. No NONCOMMERCIAL TOWER may exceed the height as measured from the ground at a
point directly beneath the apex of the NONCOMMERCIAL TONER, per the specific zone
district, without a zoning Permit for a NONCOMMERCIAL TOWER (Z,PNCT) or Use by Special
Review Permit approved by the Board of County Commissioners.
E. No NONCOMMERCIAL TOWER may exceed the number as a USE by right of the specific
Zane District without a Zoning Permit for NONCOMMERCIAL TOWERS (ZPNCT) or a Use by
Special Review Permit approved by the Board of County Commissioners.
F. Limiting Site Factors. NONCOMMERCIAL TOWERS are permitted in all zone districts; however,
should the proposed NONCOMMERCIAL TOWER be located in one or more of the following
areas, the NONCOMMERCIAL TOWER is subject to additional review and approval by the
appropriate agency:
1. Within two (2) miles of any military installation.
2. Within the A -P (Airport) Overlay District described in Division 1, Article v, of this Chapter.
3. Within the GEOLOGIC HAZARD AREAS as defined by Section 23-1-90 of this Cade.
4. Na facilities will be permitted within:
a. Historic sites.
b. Wetlands.
c. All FLOODwAYS, as defined by Section 23-1-90 of this Code.
Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant
shall provide the following:
1. A completed land use application form and a Building Permit application form.
2. A description of the proposed tower, including its height and method of construction.
3. A scaled Site Plan drawing of the subject property, showing all property lines, the location
of all existing STRUCTURES, and the proposed location of the tower, including the location
of cables, guy wires or other structural supports.
4. The applicant shall provide evidence that additional review and approval by the appropriate
agency is not required in accordance with FAR Part 77, "Objects Affecting Navigable
Airspace", and/or, if the STRUCTURE is located within the A -P (Airport) Overlay District.
Towers farther than twenty thousand (20,000) feet to the nearest point of the nearest
runway of any AIRPORT are automatically exempt from any review. Other exemptions are
based on tower distance, tower height, ground height and BUILDINGS between the tower
and the AIRPORT, and length of AIRPORT runway.
5. The application fee. Investigation fee, if applicable. An additional fifty (50) percent of the
application fee shall be added to the cost of the application fee if the USE is started prior to
issuance of a permit. The payment of the investigation fee shall not relieve any persons
from fully complying with the requirements of this Chapter, nor from any other penalties.
(Weld County Code Ordinance 2010-6 ; Weld County Code Ordinance 2019-02)
Sec. 23-4-896. - Cell on Wheels (COW).
Any CELL ON WHEELS (COW) facility shall be approved by the Board of County Commissioners
prior to placement. COW facilities are not considered to be permanent USES and may be allowed by the
Board of County Commissioners to remain on a site for a period not to exceed one (1) year.
( Weld County Code Ordinance 2015-8 ; Weld County Code Ordinance 2019-02)
FOR COMMERCIAL OR INDUSTRIAL BUILDINGS,
PLEASE COMPLETE THE FOLLOWING INFORMATION:
Business Name:
Address:
Business Owner:
Home Address:
Public Radio for the Front Range
619 S College Ave #2
Phone:
City, state, zip:
Phone:
City, state, zip:
List up to three persons in the order to be called in the event of an emergency:
NAME TITLE
Matt Schilz, Chief Engineer, 970-817-0944
PHONE
970-221-5065
Fort Collins, CO 80524
ADDRESS
8-5
Business Hours:
UTILITY SHUT OFF LOCATIONS:
Side of equipment shelter.
Main Electrical:
Gas Shut Off:
Exterior Water Shutoff:
Interior Water Shutoff:
Days:
No gas service.
No water service.
No water service.
712912{19
21
WELD COUNTY PLANNING
Completeness Review
SUBMITTAL DATE:
TYPE OF APPLICATION:
PARCEL NUMBER:
OWNERS:
LEGAL DESCRIPTION:
11/13/2020
UR (PRE20-0175)
050717400002
Cactus Hill Ranch CO
Being a part of the SE4 of Section 17, Township 7 North,
Range 67 west of the 0th P.M., County of Feld, State of
Colorado.
PLEASE MOTE:
The following completeness review notes are provided as a courtesy to the applicant. While we
strive to identify significant issues, the following notes may not identify all issues, even
major ones that may be raised during the formal review of your application. The information
contained herein has been placed on file with the Department of Planning Services. Please
submit a copy of this form when you submit the revisions to your Land Use Application. If you
have any questions regarding the process andior application, please call Maxwell Nader at 970-
400-3527 or email at mnadercc.weld.cc.us
REVIEW STAFF:
Planning: Maxwell Nader
Building: Jose Gonzalez
Public Health: Lauren Light
Public Works: Zackery Roberson
naderweldgov.com
;go nzalezweldpov. com
Iliohtweldoov.com
zro be rso n we I dgov. com
970-400-3527
970-400-3533
970-400-2211
070-400-3773
REVIEW:
Please submit the below listed items to the Department of Planning se ices.
PLANNING COMMENTS:
The Department of Planning Services has reviewed the completeness Review and has the
following comments.
I. Please submit a copy of this form when you submit the revisions to your Land Use
Application. This form has been added to the USRi packet
The front page has been re -saved.
2. For some reason the front application page is not showing information, please redo.
3. Is there any justification as to why surrounding towers will not work vs putting up a brand-
new tower" (coloration study of all registered towers within a 10 mile radius was performed. The details of this
study are located in file titled: "028 Weld Co Code Oh28 Secly Division 10" on page 2.
4. Have you received any NOI from Timnath or Windsor?
As of 12-2-2020, no NOl has been returned from Ti nath or Windsor.
PUBLIC HEALTH COMMENTS:
No comments at this time.
PUBLIC WORDSCOMMENTS:
All Public Works applications requirements have been met.
BUILDING COMMENTS:
No comments at this time.
Weld county Department of Planning Services
1 556 North 17th Ave, Greeley CO 60631
Phone: 970-400-6100
Fax: 970-304-6498
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORAD
CERTIFICATE OF DOCUMENT FILED
I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to
the records of this office, the attached document is a true and complete copy of the
ticles of Incorporation
with Document # 19871141 805 of
CACTUS HILL RANCH COMPANY
Colorado Corporation.
(Entity ID # 1987114184 )
consisting of 8 pages.
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
10/16/2020 that have been posted, and by documents delivered to this office electronically through
10/20/2020@ 09:04:39.
I have affixed hereto the great Seal of the State of Colorado d duly generated, executed, and issued this
official certificate at Denver, Colorado on 10/20/2020 @ 09:04:39 in accordance, with applicable law. This
certificate is assigned Confirmation rmation Number 12 6719 67
Secretary of State of the State of Colorado
*******************************************End of certificate*******************************************
Notice: A certificate issued electronically Hearn the Colorado Secretary off ..State's Web.site is fully and immediately valid and effective. However,
as an option, the issuance and validity of'a certificate obtained electronically may be established by visiting the Validate a Certificate Waage of
the Secretary of ` States Web site, http://www.sos.state,co.usibiziCertificateSearchCriteriado entering the certi icate s conjfritnation number
displayed on the certificate, and jbllowing the instructions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance of a certificate. For more in fiarrnation, tit our Web site, http://www.sos.state.co.us/ click
"Businesses, trademarks', trade names" and .select "Frequently asked Questions."
7
•
WALDO RI~ iileist
r " 1
"'MR � a • •
/
41/ °SS
OF INCORPORATION OF
CACTUS SILL RANCH COMPANY
��,S, that ,�e , ER�ST D. !TOW .ALL MEN BY TBESE. �'RE�
AMNIA M. NELSON and KENNETH
Box 83, 1t Collins, Colorado, desiring
to fo :''n a corporatton under
and by virtue of the laws of the Static of.Colorado, Colo ra
x.ecute and acknowledge in
the g rov# ai ons of said laws herby me, e
triplicate this rtificatton of writing arid state:
ARTICLE L
NAME 416 'rhe con oration naive of our corporation shall be CACTUS
HILL RANCH CO ANY .
ARTICLE a.
OBSECTS - The nature of tb.e business and the objects and put7oses
• Corporation is forta.ed
and incorporated are as Lollowst.
for w�'l�l� �acd se dial I. To purchase, own, sell, mortgage, Isq,okse, %ad r forms o real a et�et� and pa
�.�-ar1y !stn. and rancher
in land �► se all ae
din rtenances thereto;
and all buildings and appu�a�� �' a
Topurc�.x�►se i feed, fatten,cattle, sheep, hogs, chicken.. and other livestock and to transport Orem whorte
raise, sell and Atherwise
Nit hero and if necessary;
�,� deal km all ��s of '"��'' .. 3. To purchase', owtt, ell owe
LY trent and machinery incidentaleto fanning, rattling skie livestock storing,
r l
7 +.
-
awl ts.rditLi ati s 'ns44 To carry ,
n and conduct all types of
issinbas. striciaturet bortit.:. •
k
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i y ;
•a'tt -
l
3
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01
. -.1•A• T, f•R' '
1• 14,4 a epd. 1•?4
'Pk •akialiai•Saanaln OS •
!l. To employ arsons or Corp o ratitAi s for the conduct of the
business and operations for which this corporation is formed and to pay
�
the tecessary retnunernion therefor;6. '
To borrow money and pledge the assets of thy► corporation as
security therefor anal• to boa :� inoLey earnin s by or other t•s�e bel�s�a to
�,
the corporation
ra•ition and. *es invest th 3 earnings, prof. .ri ln.or ey derived fronts
aths r sources in coo nate sto •Mips , bonti e f securities and any and all types
of investments as thew cart ration may deem. best;
I. o do any and alb. necessary things for the a -T rying out of the
objectives and purposes of this co rpo rarti t.
RT IC L M.
DURATION - The to rrn of existence of this corporation shalt be
perpetual.
T 1 LE Pl .
SHARES a The corporation shall be capitalised for Three Her
Thousand Do11e►�s � �-�'�+ �
• 000.00 and the capita' 'lock thereof shall be divided
r value s►e fired Dollars ($100.00)
i�*to three Thousand (3,000) sires. of.
eai..1.4. All shares shall be commons stock.
steARTICIX
DIPECTSRS - The a ffa it r s and management of said corporation are #)
be under the control of a Beard ow Directors consists of fin (5) member r:
•
isoN. KENNETH L* PIZISON. EDWARD
f r
•ti f .
LSON akre here i `'leicted to act as 'rep *Ds
.d _ "`•
r3 to mane a theWaits and cancer th
r s of e corporation for the first pe
an�
of its existence and until they r incest., e s are +ele;c and pattfladik
•
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ARTICLE VI. OFFIC.E The principalffice and place of business of raid core
po ca#ion shah be located at Cactus NM .anch headquarters, Box 63, Fort Collins, Colorado, which :.f,
3'..••
the mailing address. The lo
cation
ef the office and principal place of husine3s is Weld
County, Colorado. The
books of the corporation, required
to be kept pursuant to
the statutes of the
State u, f Colorado in such case s e made and provided, shall he kept at the pr rin „
tape office of the c Irpuration
t Route 4, Box 83, Fora Colliby AN'NA 14/1. NELS0i4, who ns, Colorado.
s hereby designated as the
person. upon whom
process ay be served on behalf of and its, relation to said cor.
AkT.T.CLE VD.
CUMULATIVE VOTING
the stockholders of this corporation
nv t he permitted. eIl
ARTICLE VIII.
These articles may be amended in any �r �� ��
re s'cts asxrr ��y t �* 3s�i red ern �'
provided that the articles its amended shall
contain only such provisions as •
tonight be lawfully contained in tke original
articles at -she time of tne Tr.
alrling of such amendments An affirmative vote
of at lease twoethirds (213) ef the share's. outstanding - $ shall foe required
of such an amendment.
Di WITNESS 1071-1ERZOT, we have hereto sit our �,� s
this,ds1 ofand December.
,1 December. 1958. .
11
Ernest D. Melton
t
Antra M.
Nelson
Xenneth Lt. Helens
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STATE OF COLORADO )
SS.
COUNTY OF LARIMER )
. IYA.LD RIFFEN B URC H, a Notary Public lit and for said
1 County of Lorimer, State of Colorado do he-reby certify that ERNEST D.
NELSON,ANNA Nis NELSON. and KENNETH L. NELSON, v'tt% are person.-
ally;mown to me
to be the tame persons described and who executed they
• of Incorporation, oration, personally appeared before re e~ this day
,,r�lt�.in Articles P
and acknowledged
that they signed, sealed and delivered the same as their
r
free and voluntary act and diced#
Viltnegs my and and notarial seal this at dad- of December. 1958.
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commission expires Ivls r ch 17, 1961
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141805
ARTICLES iNo r P ptim
CACTI?! HILL 03111PANY
DOMESTIC
•
MAD is the a. t or tin Satiresi e�
Sic, of tho State or Colorado, ofb thi
AD. mare& Sane etheacast
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E J. RAM
Spy el Stbas
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RECORDED
ROLL 14 PA GI It
Irmo docurostitelso Was lessiale
sot poieenv ilistan on . alp •P 1!1
tole el :The P :p : - aq
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5001
Before roc.
Rouen L.. Salton
•• Pere ir allPear
the a�f
Cast a Hilt I "'
before me Mat be la
that he signed ��ame
ha amass foregoing. and that the �r#st�
y commission expires Ka r
t,
DESIGNATION OF REGLSTERED OFFICE AND REGISTERED AGENT
CACTUS RILL R.Aitcit CO
(Name of Carparatict
organized and existing under the
laws of the State of
hereby certifies that, � 7
pursuant to a duly adapted resalesti
as of the address of the registered
e ��#cr its �� of directors,
� cd aft#aa of e corpora
rparatat in the State Sara
do shall
4* lox * Fort Collins, Colorado
that the registered agent �
dent of the ca ratfaa whose business
s��b registered addressis ���tf Irian.
stared office, shall be Anna
PI; I saa
and that the principal place of
business of the corporation
Number _
aar'
$
tstcr office, insert "sue
e as *bevel
C ta."---atene
IN WITNESS WHEREOF, the undersigned corporation
executed in ite aamcausedtea certificate
e by i�to be
President, this21 I s �
Januar day of
1959 !.
By
STATE OF CO OR Da
couzny OF LAMER DER ) ea
Cactus Hitt tench Co
an
•
re of
ignatu
leer)
a carporatiaa
whereof I have hereunto eat any hand aud seal is 21-st
amaimpulaseasanambeialmmais
NO'S'E • , I x,.1,1,, �
ice
f�.#t:9
�raa�aua�" 1 f
State Colon da: each corporationshall have aad (a) A. registered business. fee may , trs
c c l• bat need not be. the tarot It$ tit phea at
registered � � agent,
agent bar titer � domi
bomta l ateoffice i � corporation �f or a
temastered office.eand to m
a
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RO-KA 5001
REGISTERED mita
DESIGNATION OF AND ssoisrptED AGENT
DOMESTIC
FILED Tat the 0,
Stitt*, el the St
1024 isy selmensmotk AD. 19
GEORGE tis.
stets,a
Stave
From Oniu Robing. Fees SLOG
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in the Secretary of S
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ionized under the laic! of the State of the + iii ••••••••••••••••••• •+•rtor the
purpose of ehartgintitilittristered office ot its reSstereel agent, or both. .� not f '
.._� .. w tiis +a♦i■r■rf __—.may}■�■�!+'
First: The name: of the rortr Ungar se iris
•r.Irf■its■rwr•re■f■•rri
..................
StalIMAIT ONE
Fares x,5•+0
Holes:
%LI' lase:7
grAnmtairr OF CHANGE Of REG1STERED OFFICE.
OR REGISTERED AG
ENT, Oft Bela,
,r•
-
DErva Walt
IlLiMpassin
2. gignatire sod 110, of offrofree Arm' fat Wit torporationr- wide rosidorat Vbetasektest
i. ;Inset ea ic.aite elf reitrinAinis the statement.
Shlestun of teliOntettlie Mast tit sittly at thew, Notaria *sit apti vows ire with &WS
of the State � sions of tht• Colorado
I
• +. p M•••�#•�ri■.•r RED OQFI( 1v _�• �.#rri r i ��•��s .+t t.r'• Spa
#•■rr• � � ��� �'�"� �J" ��M
s ta rr ••••rerr • 4. • •ri Freers Ea *Ere et re •ir ar "nit Maras
'Art atle
•r.•.4wr■r
••••••••••• :N �� AGENT
is . ■. -r�i+��yr mooibe none of its REGISTERED
,i�i.M��,�, R ��4 yyy A�i ,'�.�f[,
•�wt+i� : ...: r{+ '�f�l■4*u �+-•' �r
•
agent, � � Fes. btX�nt� in 0 '� �5 ,., . •� ,��ia�s�
•rte ■ � ' of its i. tP■,i of ,��� ii wy.faw ' *smolt REGARDIING FOREIGN ��`�'' � ■. is •.atT+.rart•-�� A� ,
.••••••r••••-- � STAN � jl
- ••••••• 1--���•
•••••• ■.+r•.ra.aa•t * BEEN FORWARDIED
BY. REGISTERED. AGEN*1 D CHANOt. A COPY OF ISIS STATEMENT HAS RATION RI Int REGISTERED AGENT,
i�
71.
ar4� rN�i.•••••••••••••••••
r7 tT
of its reOnered office and the skits of the Went* office of its
a•••••• °t • �••ar•Latimera••••-.•.•a
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Before' neni ■Adtatite
and State, asansalli appeared
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OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORAD
CERTIFICATE OF DOCUMENT FILED
I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to
the records of this office, the attached document is a true and complete copy of the
Report
with Document # 20161785152 of
CACTUS HILL RANCH COMPANY
Colorado Corporation
(Entity ID # 1987114184 )
consisting of 2 pages.
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
10/16/2020 that have been posted, and by documents delivered to this office electronically through
10/20/2020@ 09:05:49.
I have affixed hereto the great Seal of the State of Colorado d duly generated, executed, and issued this
official certificate at Denver, Colorado on 10/20/2020 @ 09:05:49 in accordance, with applicable law. This
certificate is assigned Confirmation rmation Number 12 6719 72
Secretary of State of the State of Colorado
*******************************************End of certificate*******************************************
Notice: A certificate issued electronically Hearn the Colorado Secretary off ..State's Web.site is fully and immediately valid and effective. However,
as an option, the issuance and validity of'a certificate obtained electronically may be established by visiting the Validate a Certificate Waage of
the Secretary of ` States Web site, http://www.sos.state,co.usibiziCertificateSearchCriteriado entering the certi icate s conjfritnation number
displayed on the certificate, and jbllowing the instructions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance of a certificate. For more in fiarrnation, tit our Web site, http://www.sos.state.co.us/ click
"Businesses, trademarks', trade names" and .select "Frequently asked Questions."
Document must be filed electronically.
Paper docu.mentLs are not accepted.
Pees & forms are subject to change.
For more information or to print copies
of filed documents, visit w.sos.state.co.us.
Colorado Secretary of State
Date and Time: 11/23/2016 05.53 AM
ID Number: 19871141805
Document number: 20161785152
Amount Paid: $10.00
ABOVE SPACE FOR OFFICE USE ONLY
Periodic Report
filed pursuant to §7-90-3011 et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
ID number:
Entity name:
Jurisdiction under the law of which the
entity was formed or registered.:
I. Principal office street address:
. Principal office mailing address:
(if different from above)
1987114180.5
CACTUS HILL RANCH COMPANY
Colorado
38990 HIGH'L'Y 257
(Street name and n'tfr be;)
FORT COLLINS
(City)
(Province — inapplicable)
Post Office Box 691
CO 80524
(State) (Po staliZip Code)
United States
(Gauntry —ifnot US)
(Street name and number or Post (Vice Box infbr ration)
Windsor
(City9
(Province— inapplicable)
3. Registered agent name (ifan individual) Nelson
(Last)
or (if a business org-anizatiun)
Nell
CO 80550
(State) (PostaliZ p Code)
United States
(Country - it/snot US)
(First)
(diddle) (Suffix)
4. The person identified above as registered agent has consented to being so appointed.
5. Registered went street address:
6. Registered went mailing address:
(if different frotn above)
38990 H I G HWY 257
(Street name and number)
FORT COLLINS
(City)
PO BOX 691
CO 80524
'State) (Po stalrZip Code)
(Street acme and number or Post wee Box information)
WINDSOR
O 80550
(City) (State) (Postal/Zip Code)
United States
(Province— inapplicable) (Gauntly — if not US)
REPORT
Page 1 of 2 Rear. 12101/2012
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part. 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual mho causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and addresses) of the
individual(s) causing the document
to be delivered for filing. Nelson Nel
(Last) (First)
38990 State Hwy 257
(Middle) (Suffix)
fix)
(Street name and number or Post Qf f is e Box in f 6nmtion)
Fort Collins CO 80524
(City) (State) (Po staliZip Code)
U n I to d State's
(Province— if "applicable) (Coun tip, — if "not US)
(The document peed not state the true frame and address of'more than one individual. However, if°you wish to .state the game and address
af'any additional individuals causing the document to he delivered for filing, mark this box ❑ and include an attachment. stating the
game and address of such individuals.)
Disclaimer;
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
REPORT
Page 2 of 2 Rear. 12101/2012
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORAD
CERTIFICATE OF FACT OF GOOD STANDING
1, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
CACTUS HILL RANCH COMPANY
is a
Corporation
formed or registered on 12/31/1958 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number 19871141805
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
10/16/2024 that have been posted, and by documents delivered to this office electronically through
10/20/2020 @ 09:07:08
1 have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 10/20/2020 @ 0'x:07:08 in accordance with applicable later.
This certificate is assigned Confirmation Number 12671979 .
Secretary of State of the State of Colorado
*********************************************End of ertificate*******************************************
Notice: A certiicate issued electronical .from the Colorado Secretar.0. State's Web .site is .�irll�: and immediatel�r valid and eIectrye.
However, a.s an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a
Certificate wage c�, f ' the Secretary of State's Web site, http://www.sos.statecausibiziCertificateSearchCriteria.do c a. us biz C'erti ficateSear•chCriter ia.do entering the certificate's
confirmation number displayed on the certificate., and following the instructions displayed. Confirming the issuance of'a certificate is merely
optional and is not necessary to the valid and effective issuance of. a certificate. For more infbrmation, visit our Web site, hup://
www..sos.state.cca.us/'click "Businesses, trademarks, trade names" and select "Frequently Asked Questions.
10-27-2020
KRFC - Public Radio for the Front Range
819 S College Ave #2
Fort Collins, CO 80524
Names and addresses of owner/operators
To whom it may concern;
Below is a list of the owners and/or operators of any oil and gas facilities, irrigation, pipelines,
lines, railroad, etc.
Extraction Oil and Gas (XOG)
370 17th St #5300
Denver, Co 80202
720-557-8800
4076258 0111612015 02:05 PM
Total Pages: 2 Rec Fee: $16.00
Carly Koppes - Clerk and Recorder, Weld County, CO
MEMORANDUM OF
SURFACE USE AGREEMENT
STATE OF COLORADO
95:
UN'I'Y OF WELD
TH S MEMORANDUM OF SURFACE USE AGREENIE T dam effective
the 1 e day of January, 2015, is executed by Cactus Sill Ranch Company, a Colorado Corporation, whose
address is 38990 State Highway 257, Fort Collins, CO 80524 ("Owner"), and Bayswater Exploration &
Production, LLC, whose address is 730 i r St Ste 610 Deaver, CO80202 tlperaton_
ncr an.d Operator have entered into that certain unrecorded Surface Use Agreements dated January 16,
2015, under which Owner and gyrator have agreed upon certain terms and conditions pertaining to the
conduct of nil and gam operations ern the following described lands, located in Veld County, Colorado:
Township 7 North. Rome 6'7 Will, a PAL
Scc.1h: That part of the SW/4 lying south of the canal rigAt-of-way and the NW/4 and SW/4 lying north
of the canal right-of-way.
S ec.17: E2 lying South and West of the right of way of the ditch of the Water Supply and Storage Company
Li described in Quit Claim Deed recorded in Book 250, Page 349 of the Weld County Reba, Colorado
Except a strip of land 50 feet in width conveyed to Ford. Collins Ticilopment Railway ay Company by
Warranty Deed recorded November 20, 1907 in Book 269 at page 257 and except the following deeds to
Weld Count for road right of ways:
August 14, 1940 in Book 1067 at Page 55
and
October 19, 1951 inBook 1313 at Page 352
and
December 1, 1966 at Reception No. 1497622 is Book 576
Sec. 0: Lots A dt B of Recorded Exemption No. 0705-20-1 RE -4898 recorded on 10/3/2013 at option
Lumber 3%8119 of the Weld County Records, Colorado, bed in the NE4 of section 20.
Sec.21: A - Lots A & B of warded Exemption No. 0705-21-3 RE -4900 recorded on 1013/2013 at
R_ption Number 3968 122 of the Weld County Rids% Colorado, being a portion of the S/4 of Sec.21.
Sec.21: B - Lot3 A & E of Recorded Exemption No_ 0705-20-1 RE4899 reed on 10/3/2013 at
Remotion Number 3968120 of the Weld County Records, Colorado, being a portionoftke NIT/4 of Sec.21
This Memorandum of Surface Use Agreement is executed by Owner and Operator and placed of record in
Weld Camay, Colorado for the purpose of placing all persons on mice of the existence of the Surface Use
Agreement
Cacti's Hill Rah Company
By;
Name: Nels Nelson
Title: President
STATE OF COLORADO
) ss:
COUNTY OF )
DONNA MANCI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 198 1.6570 -
� COMMIOSSION EXPIRES 9 iti
nair
The foregoing Sim: Pent was acknowledged before
� the on Chas ! day of Jaauary, 2015} by Dols Nelson,
the ideat. of Cactus HiII Ranch Company, on behalf of said company.
Witness my hand and °facial seal, NA wm-1 , '
Orly commission expires: -- _
Notary Public
4076258 01/16/2015 02:05 PM
Page 2 of 2
Bayswater Exploration & Prodtiction, LLC
sy:
Nate: Lynn Belcher
Tide: Exccuttve Vice President
•
STATE OF COLORADO )
ss:
OF )
The foregoing instrument was acknowledged before me on this i tflifiliy of January, 2015, by Lynn S.
Belcher, the Executive Vice President of Bayswater Exploration & &te ion, LUC, Ofi behalf of said
company.
Witness my hand and aiW
My commission a iv res: a 0 4-0) 0/7
Public
.
489949 Pages: 1 of 3
05/05/2017 04:33 PM R Fea:$23.00
Carly Koppes, Clerk and Recorder, Wald County, CO
III IrdtrilidlIOEMili WAN)!
AMENDED SURFACE USE AGREEMENT
This Amended Surface Use Agreement ("Amended Agreemenr), is made and entered into
this its` day ofApril, 2017 by and between Cactus Dill Ranch Company„ a Colorado Corporation,
whose address is 38990 State Highway 257, Fort Collins, CO 80524 ("Owner"), and Extraction
Oil & Gas, LLC, a Delaware limited liability company, whose address is 370 17th Street, Suite
5300, Denver, Colorado 80202 ("SuccessorOperator").
'ITNES ETAI*
WHEREAS, on January 16, 2015 Owner and Bayswater Exploration & Production, LL
entered into a Surface Use Agreement; and
WHEREAS, a Memorandum of said. Surface Use Agreement was recorded in Weld
County, Colorado on January 16, 2015 as Reception Number 4076258; and.
WHEREAS, the above named. Successor Operator acquired the interests of Bayswater
Exploration. & Production, LLC in and to the above referenced Surface Use Agreement.
NOW, THEREFORE, Owner and Successor Operator for good and valuable
consideration hereby delete Exhibit "A" in its entirety and repine it with the attached "Amended
ended
Exhibit "A".
Owner:
operator:
Cactus Hill Ranch Company traction coil & Gas, L
By: Nels Nelson
Title: President
STATE OF COLORADO
ss.
COUNTY OF WELD
By: -Al n Vistica
Title: Lary. Manager
The foregoing instrument was acknowledged before this Pday of April, 2017 by Nels
Nelson, as President on behalf of Cactus Hill Ranch Company, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:_%'a,'$ /96 90
STEPHANIE 4.# ROE
Notary Public
State of Colorado
Notary Its 020124063203
iviy Commissionf ices 09-21?•2020
Notary Public
42$9949 Pages: 2 of 3
05/05/2017 04:33 PM R Fee:$23.00
Carly Koppes r Clerk and Recorder, Weld County, CO
III PAPPOlitii;Iii till
STATE OF COLORADO
OUN'TY of DENVER
ss.
1
The foregoing instrument was acknowledged before rye this 1 day of April, 2017 by
Allyson Vistica, as Land Manager on behalf of Extraction Oil & Gas, LLC, a Delaware limited
liability company.
WITNESS my hard and officiirs�
My commission expires: jo'� ;017
Notary public
ANDREW STOUT
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134064176
COMMISSION EXPIRES OCT. 04, 2011 I
# 4299949 Pages: 3 of 3 05/05/2017 04:33 PM R Fee:$23.00
$23 .00
Carly Koppes, s , Clerk and Recorder, Weld County, CO
111 INclinilatiritl411321 PliiiiWATI !VIM \NI 11 ii I
Arnended Exhibit "A"
Attached to and made a part of that Surface Use Agreement dated January 16, 2015, between
Cactus Hill Ranch Company and Bayswater Exploration & Production, EL C
Operator's oil and gas activities to be located within the lands described below:
Township 7 North, Ranee 67 West 6th P.M.
See. 16: That part of the SWI4 lying south of the Water Supply and Storage Company canal right --
of -Way and the N W/4.
Sec. 17: En of the SE/4, and the NE/4 lying north and east of the canal of the Water Supply and
Storage Company as described in Quit Claim Deed recorded in Book 250, Page 349 of the Weld
County Records, Colorado.
Weld County, Colorado
10-27-2020
Weld County Building and Permits
KRFC 199' Tower Project
7700 WCR80
Fort Collins, CO80524
Co -Location Letter of Intent
Weld County Code Chapter 23 Article Ill Section 840
Parcel: 0705-17-4-00-0002
To Whom it may concern;
Public Radio for the Front Flange, located at 619 S College Aire te2 Fort Collins, CO 80524 its
successors and assigns, will allow co -location on its tower on a space available basis at going
market or commercially reasonable rates.
Sincerely,
Matt Sch i Iz
Technical Services
KRFC 88.9 FM radio
619 S College Ave #2
Fort Collins, CO 80524
RADIO FORT COLLINS'
10 -7 -too
KRFC - Public Radio for the Front Range
619 college Ave #2
Fort Collins, co 80524
Telecommunication Facility Description
Veld County Code Chapter 23 Article Iv Section 840 A5
To Whom it may concern;
KRFC's radio station at 88.9Mhz has a relatively low power transmission system, Over the past
few years, listener complaints have increased due to poor signal reception. This is due mostly
in part to the existing location of the transmission facility. The antenna is currently less than 7o'
above the ground 'level and is surrounded by cottonwood trees that are growing larger each
year. The interference from the cottonwood trees combined with the relatively low 3kW antenna.
output, creates problems for an increasing amount of listeners.
Public Radio for the Front Flange has recently applied for, and was granted a construction
permit from the FCC for a 50kW transmission system. This upgraded system is needed to
continue i<RFc's free service to the communities in the region. The upgrade will also serve a
larger number of listeners due to the increase in power. The upgraded system will not fit on the
existing tower, therefore a new facility is being proposed.
The proposed facility's location is dictated by several factors which limit where it can be
located by all four directions. Any further south and the city of Fort Collins would not receive
adequate coverage. Radio station KRFc is licensed to Fort Collins. Any further east and the
audio delivery microwave link would not function well. The facility cannot locate any further
north due to FCC licensing requirements to keep a certain distance from KDNR radio station in
Wyoming. The facility also cannot locate any further rest due to FCC licensing requirements to
keep a certain distance from Kv O radio station located on Buckhorn Mountain, This proposed
facility is located on the north side of CR80 1/2 mile arrest of the CR80/1-1W257 intersection.
The capacity of the proposed tower structure is mostly suited to an 8 -bay F I FIB transmit
antenna, but many other, smaller antennas can locate can this tower without extensive
modifications.
10-27-2020
Weld County Building and Permits
KR FC 199' Tourer Project
7700 WCR80
Fort Collins, CO 80524
Service Area Coverage Map
Weld County Code Chapter 23 Article Ill Section 840 A11
Parcel: 0705-17-4-00-0002
KRFC(FM) Mod. 205C2
BLED20030324ADY
Latitude: 44-3453 N
Longitude: 104-54-'17 W
ERP: 50.00 kW
Channel: 205
Frequency: 88.9 MHz
AMSL Height: 1510.0 m
Elevation: 1576.0 m
Horiz. Pattern: Directional
Vert Pattern: No
Prop Model: None
KRECI FM) Mod. 20562
60 dBu F(50-50) Contour
PI
AFC(FM) Mod.
crest
42017 Anderson Associates
Seale 1:500,000
7 14 21
km
r
10-27-2020
R'FC - Public Radio for the Front Range
619 College Ave #2
Fort Collins, CO 80524
P'rovider's Other Facilities
Weld County Code Chapter 23 Article Ill Section 840 8.B
To 'whom it may concern;
Public Radio for the Front Range does not own any telecommunication facilities in Weld
County other than the existing facility from which it currently operates. This facility is leased
from Cactus Hill Ranch Co and is not owned by Public Radio for the Front Range.
10-19-2020
RFC - Public Radio for the Front Flange
619 S College Ave #2
Fort Collin, CO 80524
Lighting Flan for Telecom Antenna Tower Application
To Whom it may concern;
This proposed facility will not have any exterior lights installed and therefore does not have a
lighting plan.
10-19-2020
RFC - Public Radio for the Front Flange
619 S College Ave #2
Fort Collins, CO 80524
Signing Plan for Telecom Antenna Tower Application
To Whom it may concern;
This proposed facility will not have any exterior signs installed and therefore does not have a
sign elan.
10-19-2020
RFC - Public Radio for the Front Flange
619 College Ave #2
Fort Collins, CO 80524
Landscape and Screening Flan for Telecom Antenna Tower Application
To Whom it may concern;
This application does not have a landscape and screening plan because the proposed facility
will net have any landscaping installed, nor will it have any structure or device that require
screening. The existing landscape is dare dirt, weeds, and grass.
10-19-2020
KRFC - Public Radio for the Front Range
619 S College Ave tt2
Fort Collins, CO 80524
Communication Plan for Telecom Antenna Tower Application
To Whom it may concern;
This proposed facility does not have a communication plan.
10-19-2020
RFC - Public Radio for the Front Flange
619 S College Ave #2
Fort Collin, CO 80524
Community Meeting for Telecom Antenna Tower Application
To Whom it may concern;
At this time, this proposed facility has not had a community meeting.
10-27-2020
Weld County Building and Permits
KRFc 199' Tower Project
7700 WCR80
Fort Collins, co 80524
Decommissioning Plan for Communications Tower
Weld County Code Chapter 23 Article Iv section 840
Parcel: 070 5-17-4-00-0002
To Whom it may concern;
Public Radio for the Front Flange, its successors, and assigns will remove the tower,
associated building and foundations at their expense once deemed abandoned. The land will
be returned to its original state prior to the construction of the tower and will conduct its
construction operations so as to prevent any unnecessary destruction, scarring, or be
implemented to minimize impacts to environmental resources. Except Where clearing is
required for permanent works or excavation operations, all trees, native shrubbery, and
vegetation will be preserved and protected from damage by the construction operations and
equipment.
Sincerely,
Matt Schilz
Technical Services
[(RFC 88.9 FM Radio
819 S College Ave #2
Fort Collins, CO 80524
S
RADIO FOPS' COLL NS'
9 FM
Notice of Inquiry
Weld County
Pre -application
Case ##
PRE20-0175
Date of
Inquiry
10/6/2020
Municipality
Severance
CPA
Name of
Person
Inquiring
Matt
6chilz
Property Owner
Cactus
Hill
Ranch
CO Inc
Planner
Maxwell
Nader
Planner
Phone
Number
970-400-3527
Planner
Email
Address
mnader@weldgov.com
Legal
Description
Being a part of
CO
the
SE4 of Section 17,
T7
N,
R67W of the 6th
P.M., Weld County,
Parcel Number
0705-17-4-00-002
Nearest Intersection
CR 80 and
MVO
Y 257
Type of
Inquiry
199'
Telecommunication
Tower
The above person met with County Planning staff about developing a parcel of land inside your designated
Intergoverental Agreement/Coordinated Planning Agreement Boundary.
my Planner's signature
Would you life to pursue annexation of this property? NO
Gate of Contact 10/22/2020
Comments:
`DES
The Town of Severance has no concerns at this time, the Town of Severance suggests the applicant look at
upgraded opaque fencing if possible.
Assistant Planner 10/22/2020
Sig u Municipality Representative Title Bate
Please sign and date to acknowledge that the applicant has contacted you
and return this signed form to Weld County Department of Planning Services.
Weld County Planning Department
1555 N17th Ave, Greeley, CO80631 � (970) 400-6100 � (970) 304-6498 Fax
20181107
Weld County Treasurer
Statement of Taxes due
Account Number R6775880
Parcel 070517400 002
Legal Description. Sites Address
PT SE4 17-07-167 EXC THAT PT OF SE4NE4SE4 LYING Iii & E OF ROW OF WATER SUPPLY &
STORAGE D[TCH
Account: R6775880
8 80
CACTUS TU HILL RANCH H O INC
38990 STATE. HIGHWAY 257
FORT COLLINS, CO 80524-9099
_ a ■ s ne iF • tit is • i •
Year Tax
Tax Charge
2019
$2.252.92
Interest
$0,00
Fees
P'a ment&
$0.00
Total Tax Ch ar&e
Grand. Totai Due_ as of 10/08/2020
$2,252.92)
Balance
$O.00
$0.00
Tax Billed at 2019 Rates for Tax Area 2410 - 2410
Authority
WELD COUNTY
SCHOOL, ITT RE4
NORTHERN COLORADO 'CATER
C
WINDSOR -SEVERANCE FIRE
WINDSOR -SEVERANCE FIRE (BON
AIMS JUNIOR COLLEGE
CLEAR.VIEW LIBRARY"
Taxes Billed 2019
* Credit Levy
Mill Levy
15.038O00O*
39.4340000
1.0000000
7.750000
0.3110000
000
6.3 540000
3.5460001
Amount
$461,37
$1,209.83
$30.68
$237.77
$9.54
$194.94
$108.79
73,4330000
$2,252,92
Values
AG -SPRINKLER
IRRIGATED LAND
AG -FLOOD
1RRR.IATED LAND
AG -WASTE LAND
Total
.Actual
$100,008
$5;744
$30
$0.00
Assessed
$29,000
$1,670
$10
$10.x,'782 $30,680
ALL. TAX LIEN SALE AMOUNTS ,,ARE SUBJECT TO CHANGE B U E TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRA.NT FEES,
fiLkh iudetit— • *matt /A1 arm.a nes ■ a •e-
=NM.i .. f a- u
Weld County Treasurer's Office
1400 N 1716 Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the 'Feld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signe
Date: _ IC) . g• 202O
Hello