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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 .. i i y ; •a'tt - l 3 • i 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 • 1 N .r P • i . -t • -1♦ ;. •. a , !_ • t•} / -+r `' i .' f ...�lrt'nrtre:elr.: ►v '*Y,� '�' Jib' t- �,yy.. - 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 r rein • i' 1 J • me •. r , ... (• .d._:. ■ / . a • ■. 1 ' .:., • .' _ • , , a : - 4 " y • • ▪ ' ••a + { • f 1 r • rye enCtorwl•11,40. 't 44. { - Y 1 •i s 1 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. #tti«iii 4 .T rVice. j. .• { r .••rNIPglb .1. r, + • i I - atm Aiii ilia asoba.- #4;4,a. :tip 4. I �. 1+ r .1 it kilt c 00, if. .. X� •• S t', ! �o , S.1. i; T. 1' } ••iL..•1ir t~ e `jai ft t if dlilt# 4L4ilvet- . L 1 commission expires Ivls r ch 17, 1961 • ••. • r • J • r r Ft • r a • _ r • - T yr v. G• �u to• • �. '+ r 7 •r +. 1fr F .. f t .C • : } rest - • C, , J • ♦r` •" .•• - 44,••l. S'{ v - f w•r l ▪ a- • a~ la lr `_ti • �.r r y� •s t``;L�• y� 1▪ L�i�y •i - �L fF4� y 'F i - b r. l . f . 1 • C C 1, r r t c. E 14 i r s• a • . 1 1' -' :ILL 5 ' 1 • I. M I. r i• r I. i I h i L I. •r ' • r L 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 1 6I: E J. RAM Spy el Stbas An Peso AIMILINISS1491:S5511nores atlas* R 6444.•" i' o r �•1�r 4t M RECORDED ROLL 14 PA GI It Irmo docurostitelso Was lessiale sot poieenv ilistan on . alp •P 1!1 tole el :The P :p : - aq .4 DOA W • • • so. Is r 1 • h a' r. • . • 1 i L. �•. J t • :an. 4 l • • 1 •• an • f. -4 1 } •.. ..• • 1'., /• �i• L X11 1-1 h� in • i 47 . • , • LTr : i '• , _ - .ice' . _' i ;' • , wr . I, . r , -1 • ;u 'Ica "1 '. 1. • , 1;-. •. +�- • :%• It E' � e.s. _ "Pia _ • 1 k • r• • .. . 1r1 a• 5 • �s s • •\�� • is , a Ft . h ti •j,}�-PH � • • r_ • ••• • J 1 a 1 r r • ' -}t' '• •• A- • 1. , {.^�.' • • ▪ • .• ,. t.'f c• am. e� *:.! :. x • . } 4 7 . L fl:'.r S 1 t DOA E$TIC liO-�/� 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 • • was:004 ,0160 Y vlite•In." 4 Y V w+ 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 •• • Saints ry 1 r a J • r w ..10.' • r • fy IL-♦ • +r +o 1 _ r-• ` Si 1 r V'1 0. • 1 ep Z . i • J JW •. r a ; IT. 1 r • rw _ 11 . / ..r ' . ise 1 � _ �"� ♦i IIM4 p 7 ,• r R' . • . ..r 14 w •111 . r.•-.. aI • - 1 •' er 1. ." _ errOrli h. • ..►•'_ +- i� �y . • >F ` •1 i L _ � 1 J • - Ir�l �M .• sip • '••t.? Y / 146:1 • •-r r x•1 • . • •J • r t. . ;. • L in the Secretary of S te 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 ••r►•1■Mi!! •J • J i� .♦ ■ . Before' neni ■Adtatite and State, asansalli appeared • i tae ■ r r � N inr•.•!M• ate, •eganis• Mite ligr� � -y ■.eel 111410.14 • • 1 .T ▪ - r� -.• MOB 11- ' • • •Y G 1. a f • y_• • writ r rot a Mean? Public In sod fro St odd Colniar. lac ti",. f tie 7 1 ' r•. tee *nail i 104,04 eherehi I have 'hereunto set my Nod sod ail tivistesetas� •t!■llri • T.1•���!!! , • v +� tion t Tim signed the tonsgant. met isc thot trait• . / =Tit •_ .�. It G jr +r .I••• r. • IlltLL6We" tAL Slatitittit w' srestilla i•rri• the - i6 _ • ,i ',Of ■.rx, ..r r_ . .'Y� i.L'd•r),t, Itr ., ?4 ■, p„.. f�' ., S ;*.i.%'‘.. :�sf fit r. Iasi. i. , -4 . • • k _ n _ y • ■ r .. �■ • c-. 1 ... eat'1.• .Y t \ ' •• - '�•a . _ . •a' 1 •� t ti• • -F;•R .a_'St?, •4 • l.. L• -. 7. 4- . L •. a411145 LT 4 • • Ar • 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