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HomeMy WebLinkAbout20040592.tiff • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION -OR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number El � El ❑p p❑ _ p❑ ❑p ❑5 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description Southeast Quarter (SE')* , Section 19,Township 8 North, Range 66 West Flood Plain: None Zone District: Ag , Total Acreage: 16 +/- , Overlay District: None Geological Hazard: None Vera L. Dumler, Trustee and William E. Dumler, Trustee FEE OWNER(S) OF THE PROPERTY: 1502 Sherri Mar Street, Longmont, CO 80501 Lessee: Name: Regent Broadcasting of Fort Collins, Inc. Work Phone# 530-671-7942 Home Phone# Email Address dremund@regentcomm.com Address: 600 Main Street • City/State/Zip Code Windsor, CO 80550 Name: Work Phone# Home Phone# Email Address Address: • City/State/Zip Code ,ame: Work Phone# Home Phone# Email Address Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: Lind, Lawrence & Ottenhoff LLP (Agent) Work Phone# 970-353-2323 Home Phone# Email Address ken@llolaw.com Address: 1011 11th Avenue City/State/Zip Code Greeley, Co 80631 PROPOSED USE: 755 foot commercial transmissions/communications tower with beacon and 30 foot x 30 foot transmitter building for privately owned radio station. I (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. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. -Lawre ce & Otten f LLP ,� EXHIBIT By: Date ---� Signature: Owner uthorized Agent Date Signature: Owner or Authorized A. *See Exhibit 1 for parcel description 2004-0592 0(-31-2003 U1:4tlpm rrom—Lim—n LULLuia[��'`V, ' IIIIIIIilll1111111IIIIIIIIIIIIIII III C: Hill IIII 3045212 03/25/2003 11:69A Weld County, CD ' 6 of B R 31.00 D 0.00 Stove Moreno Clerk 8 Recorder EXHIBIT A A =ACT OP LAND LOCATED IN Tfl scum:mast QUARTER or DICTION 19, TOWEeRIP P NORTH, RANGY 66 WEST 01 THE 6211 P.M., WILD COUNTY, COLORADO. AND ENCTTRi MORE PARTICULARLY DESCRIBED AS FOLLOWS, tonal1CING AT TUX SOUTHEAST CORN OP SAID SECTION 19 Alm CONSIDERING TEE HOOIE LINE OP &AID BOPTRSAMT WART= TO REAR SOUTH 90.00.00• WEST, AND WHITE ALL man BEABINDS CONTAINED MEMEDr EZIATIPE THERETO, TMEECG SOME 90.00'00" WEST, 1216 P2YT ALONO SAID SOUTH LINT; VIM= NORTE 00.00'00" EAST, 104.20 MST 20 TIE 'BLUE POINT or BEOporrao, man NORTE 40"10'10• W29T, 820.74 PEET: TIM= NOA'B= 90.00'00• WEST, 77.70 PERT, T100WCE NOSTS 00.00'00• EAST, 33.20 FEET TO A "POINT A•, ?KWCE BO027t 71.25'40' WEST, 147.2E PELT; TSQIDMCC SOUTH 10"34.20• EAST, 10.00 PEEETN THENCE SMITE 71.2S'40• MIST, 300.00 PEST. Tian NORTU 10.34.20• WEST, 20.00 IEEL, TEZECE NORTE 71.25.40• EAST, 300.00 PSET, Tfms® SOOTR 19.34'20- EARL, 10.00 FEET, THENCE NORTH 71.25.40" CAS?, 147.25 PEST RRTOENINO TO SAID "POINT A', TNCRT ROCK 00.00.00- EMT. 36.35 PEET, THENCE NORTH 48.10'00• WEST: 25.55 FEET; TID'2ILt NORTE 11.36.30• EAn, 747.66 FEET, (MICE NORTH 90.00'00' EAST. 557.60 PEETN TEEN= SOUTH 00.00.00" EAST, 1366.51 PERT TO TEN TRUE POINT OF EEGS}Omsa. COUNTY OP WELD, STATE OF COLORADO. EXHIBIT 1 SKLD LG 172 . 20 . 16. 102 WE 3045212-2003 . 006 REGENT COMMUNICATIONS, INC;. August 20, 2003 Kenneth F. Lind Lind, Lawrence and Ottenhoff,LLP The Law Building 1011 Eleventh Avenue Greeley, Colorado 80631 Dear Mr. Lind: Regent Communications, and Regent Broadcasting of Ft. Collins, herby authorizes Lind,Lawrence and Ottenhoff, LLP to act on behalf of Regent concerning all permits and other approvals concerning the leased property(S/E qtr, Sec. 19, T8N,R66W)and the tower and transmitter buildings commonly known as the KUAD radio transmitter site. /1- David J. Remund Vice President of Engineering Regent Communications r SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE ANSWERS 1. Explain, in detail, the proposed use of the property. ANSWER: The current parcel is generally described as being in the Southeast One Quarter (SE%) of Section Nineteen (19), Township Eight (8) North, Range Sixty-six (66) West. Located upon this quarter section, and specifically within 54.7 acres of land, are two existing communication towers. One is a 735 foot tower and transmitter building owned and operated by Denver Television, Inc. commonly known as the KDVR tower(this tower is not the subject of this application). The second tower is an existing 605 foot tower and transmitting building now owned by Regent and which is the subject of this USR/SE application, and commonly referred to as the KUAD tower. The KUAD tower and building are located upon a sixteen acre parcel within the 54.7 acre parcel and was approved pursuant to Conditional Use Permit No. 9 ("CUP-9") in August of 1975, and amended USR 1047 (approved March of 1995). Regent proposes to replace the existing KUAD tower with a 755-foot tower with beacon ("New Tower") and enlarge the existing transmitting building. To avoid any confusion in relation to Amended USR 1047, Regent will vacate CUP-9 and is applying for a new USR/SE concerning the 16 acre site and only the proposed new 755 foot replacement tower ("New Tower") and enlarged transmitting building. The existing 605 foot tower will then be dismantled after construction of the New Tower, and after approval of the application by the Board of County Commissioners. The New Tower has received all necessary permits and approvals from both the Federal Communications Commission ("FCC") and the Federal Aviation Administration ("FAA"). Attached for reference are the following: FCC Construction Permit dated November 22, 2000(Exhibit"A"); FCC Tower Registration dated July 8, 2003 (Exhibit"B"); Assignment of FCC Tower Registration dated July 7, 2003 (Exhibit "C"); and FAA Study and Approval dated April 7, 1999 (Exhibit "D"). 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). ANSWER: This proposal is consistent with Chapter 22 of the Weld County Code as it is in a somewhat isolated location; has good vehicle access; does not create pollution; is outside of any urban growth boundaries; does not interfere with agricultural uses; is an identical use to the existing facilities located on the existing parcel; is a cost effective service and facility; is compatible with surrounding land use in terms of use, traffic, density, scale, dust and noise; is suitable for the land; provides information to and among the citizens and businesses of Weld County; facilitates Weld County businesses and produces tax and other revenues for the County; has no affect upon water or air -- quality; as a radio communications tower, it minimizes interference with agricultural uses, rural settlement patterns and existing residential communities; is compatible with existing and future land uses; appropriate infrastructure exists which provides adequate access; will be in compliance with all Federal, State and County statutes, regulations and ordinances. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. ANSWER: The Weld County Code specifically provides for this type of use to be by special review in the Agricultural Zone. 4. What type of uses surround the site? Explain how the proposed use is consistent with and compatible with surrounding land uses. ANSWER: Agricultural and rural residential uses surround the site. The adjoining and existing uses have been on site and been in use ever since the existing tower and transmitting building have been constructed and used on the property, which makes the proposed use of this property perfectly consistent and compatible with surrounding land uses. 5. Describe, in detail, the following: a. How many people will use this site? ANSWER: Three or four people, approximately once per week to inspect. b. How many employees are proposed to be employed at this site? ANSWER: none, as the site is generally unattended. c. What are the hours of operation? ANSWER: 24-hours, unattended. d. What type and how many structures will be erected (built) on this site? ANSWER: Existing 605' tower is to be replaced with a 755' tower and beacon; existing 30' x 15' transmittal building is to be enlarged to be 30' x 30'. e. What type and how many animals, if any will be on this site? ANSWER: None. f. What kind(type, size, weight)of vehicles will access this site and how often? ANSWER: 1%-ton pickups or SUVs; once or twice per week. g. Who will provide fire protection to the site? ANSWER: Ault-Pierce Fire Department. h. What is the water source on the property? (Both domestic and irrigation). ANSWER: None—not applicable to the site use, because the site is unattended and requires no water supply for its use and operation. What is the sewage disposal system on the property? (Existing and proposed). ANSWER: None—not applicable to the site use, as the site is unattended and requires no septic service for its use and operation. j. If storage or warehousing is proposed, what type of items will be stored? ANSWER: No storage or warehousing is proposed or expected. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. ANSWER: Due to the use of this site, the location and the surrounding uses, no landscaping is proposed. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. ANSWER: The tower and transmitter building will be removed from the site at termination of the Use by Special Review activity and the site returned to substantially the same condition as it existed prior to the tower and the transmitter building. 8. Explain how the storm water drainage will be handled on the site. ANSWER: The historical drainage pattern will not be altered by the proposed use. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. ANSWER: Construction of the 755-foot tower is scheduled to be complete by November, 2003 and dismantling of the existing 605-foot tower is anticipated to be completed in early July, 2004. 10. Explain where storage and/or stockpile of wastes will occur on this site. ANSWER: None—not applicable to the site use; all materials from the existing 605- foot tower will be removed from the site at the time of dismantling the tower. United States of America FEDERAL COMMUNICATIONS COMMISSION FM BROADCAST STATION CONSTRUCTION PERMIT Authorizing Official: Official Mailing Address: REGENT BROADCASTING OF FT. COLLINS, INC. James D. Bradshaw 100 E. RIVERCENTER BLVD., Associate Chief 9TH FLOOR Audio Division COVINGTON KY41011 Media Bureau Facility ID: 49538 Grant Date: November 22, 2000 Call Sign: KUAD-FM This permit expires 3:00 a.m. local time, 36 months after the Permit File Number: BPH-20000914ABS grant date specified above. Subject to the provisions of the Communications Act of 1934, as amended, subsequent acts and treaties, and all regulations heretofore or hereafter made by this Commission, and further subject to the conditions set, forth in this permit, the permittee is hereby authorized to construct the radio transmitting apparatus herein described. Installation and adjustment of equipment not specifically set forth herein shall be in accordance with representations contained in the permittee's application for construction permit except for such modifications as are presently permitted, without application, by the Commission's Rules. Commission rules which became effective on February 16, 1999, have a bearing on this construction permit. See Report & Order, Streamlining of Mass Media Applications, MM Docket No. 98-43, 13 FCC RCD 23056, Para. 77-90 (November 25, 1998) ; 63 Fed. Reg. 70039 (December 18, 1998) . Pursuant to these rules, this construction permit will be subject to automatic forfeiture unless construction is complete and an application for license to cover is filed prior to expiration. See Section 73.3598. Equipment and program tests shall be conducted only pursuant to Sections 73.1610 and 73.1620 of the Commission's Rules. Name of Permittee: REGENT BROADCASTING OF FT. COLLINS, INC. Station Location: CO-WINDSOR Frequency (MHz) : 99.1 Channel: 256 Class: Cl Hours of„Operation: Unlimited EXHIBIT "A" FCC Form 351A October 21, 1985 Page 1 of 2. Callsign: KUAD-FM Permit No. : BPH-20000914ABS Transmitter: Type Accepted. See Sections 73.1660, 73.1665 and 73.1670 of the Commission's Rules. Transmitter output power: As required to achieve authorized,ERP. Antenna type:Non-Directional Antenna Coordinates: North Latitude: 40 deg 38 min 31 sec West Longitude: 104 deg 49min 03 sec Horizontally Vertically Polarized Polarized Antenna Antenna Effective radiated power in the Horizontal Plane (kW) : 100 100 Height of radiation center above ground (Meters) : 217 217 Height of radiation center above mean sea level (Meters) : 1816 1815 Height of radiation center above average terrain (Meters) : 255 255 Antenna structure registration number: 1045390 Overall height of antenna structure above ground (including obstruction lighting if any) see the registration for this antenna structure. Special operating conditions or restrictions: 1 The permittee/licensee in coordination with other users of the site must reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic fields in excess of FCC guidelines. *** END OF AUTHORIZATION *** FCC Form 351A October 21, 1985 Page 2 of 2: ASR Registration 1045390 ^ Page 1 of 2 ASR Registration Search ' 2egistration 1045390 42, Reference Copy ' Registration Detail Reg Number 1045390 Status Granted File Number A0333177 Constructed 01/01/1968 FAA Study 99-ANM-0031-OE EMI No FAA Issue Date 04/07/1999 NEPA No Antenna Structure Structure Type TOWER - Free standing or Guyed Structure used for Communications Purposes Location (in NAD83 Coordinates) Lat/Long 40-38-31.0 N 104-49-05.0 W NEAR NUNN City, State NUNN , CO Center of AM Array Heights (meters) Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL) 1599.3 229.5 Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances 1828.8 228.0 Painting and Lighting Specifications FAA Chapters 3, 4, 5, 13 Paint and Light in Accordance with FAA Circular Number 70/7460-1) Owner &Contact Information FRN 0007747843 Licensee ID L00660754 Assignor FRN 0001608819 Assignor ID L00022848 Owner Regent Broadcasting of Ft. Collins, Inc. P: (859)292-0030 100 East RiverCenter Blvd., 9th Fl. E: Covington , KY 41011 Contact Grochowski , Raymond B Esq P: (202)637-2200 555 Eleventh Street, NW Suite 1000 E: raymond.grochowski@lw.com Washington , DC 20004 Last Action Status Status Granted Received 07/07/2003 • Purpose Change Owner Entered 07/07/2003 Mode Interactive Related Applications -07/07/2003 A0333177 - Change Owner (OC) EXHIBIT "B" http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=104853&printable 7/8/03- ASR Registration 1045390 Page 2 of 2 08/31/2000 A0138430 - Modification (MD) 05/12/1998 A0053554 - Modification (MD) Related applications (4) Comments Comments None Automated Letters 07/08/2003 Ownership Change, Reference 292340 07/08/2003 Authorization, Reference 292471 09/04/2001 Construction Reminder, Reference 156522 All letters (6) eigNMS • http://wireless2.fcc.gov/U1sApp/AsrSearch/asrRegistration.jsp?regKey=104853&printable 7/8/03 - From:David 1(emuna la nen una ^emuIId QJ 07/14/2003 09:47 FAX 1859 814 0Y`$ Resent Communications. _ _ — _- � UT[ITED STATES OE-AMERICA �� - /EDE RAI.%CO MMIN1CATfONS COMMISSION v/. TANTEN.NA STRUCTURE REGISTRATION : • •Owner Regent.8a:oadeasting o£„Ft. Collins, •Ina •• - - -- — Gc Registration - .. rritjerCFRN1:0007747�43 - - _ _ Ahtenna Structure Reg'sttatron"Numtaer • 1045390 = • _ . . ._ Regent Bcoadca'st-ing 6i 'Ft Collins',.-inc_ — _ _ — tt=F1 .Y0O Easti�RiroerCenter-Blvd ,•_9t -.,.- -_•.Covington T,CY•:4T011 _. — '= _— - _ - : ... _.. __ ._ .. .. _ •... . -Issue Date' - . -'.' - -- ._ , -' Ground Elevation SL)r = --- =-anotAntenna3iructure .7-7.''-7777‘7.-7-..--.:.---7:':” - .15997.37: - .milers . NUNN, CO . .. '-- 29v 5Grounameiers • - Overall fier• Abo Overalr Hel ht Above Mean Sea,- Latitude = " Longitude `• C._ t- :MSg- -_•40-3831tON• 104-49.-5,0W . •-- NAD83 ` 1828.8 meters tainting acid tighting-Requrrements - "'' - - -• -FAA Chapters -3, 4, 5, ,13 -:Paiiit:-arid-"I.ight a.T1 Accordance' ith 1'M Circular Number 70/7460-1) -Speolal'Condltlons: - ' ' _ -This?registration, is effective upon completion of the .described antenna structure- - -and notification 4o the.=' Commission t=YGUMUST=NOTIFY THE_COMMISSION:WITHIN 241H OURS:OF COMPLETION'-OF`CONSTRUCTION:'OR -. _ • N-.'OF R: CANCELLATIO YOUPRO'JECTl_please tile:FC ttorm 854 "To-tile electronically, connect to the antenna _. --structure :registration system by pointing your web browser to http://wlreless.fccgov/antenna -Electicnic Aitiicgtii recommended:(oUrroay Mom anc ally?byseibrntitting'a paper co f Cpy of- C Form•854: Use-purpose code:_NT" _ tor notification"pi comptetldn of construction use purpose:code_CA_to cancel your registration -The- Antenna'Structure-Registration.-is not an authorization to construct radio facilIties ortransmlt4adlo ignais' It is _ •- necessary that all radwequipment on_ihiS structure be covered by a yand FCC license or construction perm t You must-rmmedrare1y provide o copy of this:Registration•to Tailliiripiltdiesirisees'arid`permlttees sited on'the -structure described on thisRegrsfra idn Caltho'.ugh not regLiied you mdy want fo use Certified Mail to obtain proof .. .sit receipt),•;and"dlspley your:Reglitration..Number at)he:site :.See=reverse for important Intormatwn about the Com'mhsiotes Antennc Structure Registration-rules - '�— _ — - -- - - - EXHIBIT "C" - FCG=854R.rr _ - - - - - - - .• - -�July2002 S- _ U7/1U/LUuu WO:40 rAA 211U.04400Y ......... ` """"•" `•.""`-- , ^^• • AERONAUTIC 003 STUDY E ideral T MOUNTAIN NdREGION. AN 520 No: 99-ANM- iRTHWEST MOVNTAINSR�GION, ,.601 LIND AVENUE, t.ITON, WA 98055-4056 ISSUED DATE: 04/07/99 • R. DALE GRAHAM BRILL MEDIA COMPANY, L.P. P.O. BOX 430 • EPHRATA, PA 17522 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** Section co 44718 and,aeronautical f nautical study une Fretheap Aviation ofm49 U.S .C. , hcs m4718d an aifnapplica e, Title the provisions of 4 R ulations, part 77, Title 14 of the Code of Federal Reg Description: AREQUENCY 99.F1 MHZ @ 100 KW Location: PIERCE CO Latitude: 40-38-30.93 NAD 83 Longitude: 104_49-04 .89 Quad level (PaGL) Heights: 753 feet above gr 6000 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does exceed obstruction standards but wouldn(o)d not rbe ifaahazany, rd (toe)rd to ir navigation provided the following vino Circular tues 7ld7be0-adc� ed . — _pa a condition to this determination, the structure should be marks and/or lighted M in gcanddLighting, Cce with hapters 3 (Marked) , 4 , S (Red) , Obstruction Marking -It is required that the enclosed FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction . (7460-2, Part I) Within 5 days after construction reaches its greatest height (7460-2, Part II) This determination expires on 10/07/00 unless: (a) extended,erevised is terminated the licensing the nauthority of office or (b) the construction rm n i application the Federal Communications Commission (FCC) and an aPP for a construction permit has been filed, as required by the FCC, uch hf t this determination. the expireson thedatepr scribe dby thesFCC for the determination completion of construction or on the date the FCC denies the application. • EXHIBIT "D" • NOTE: S TIoN -1-‘1ST RQUEST FOR EXTENSION OF-THE TS EFFECTIVEPERIOD MARKED OR DELIVERED TO THIS OFFICE AT LEAST 15I DAYS TPRIOR ATO .E EXPIRATION DATE. i -As a result of this structure being critical to flight safety, it is required that the FAA be kept apprised as to the status cof thinvalidate is project . Failure to respond to periodic FAA inquiries this determination. tion which This. determination is based, in part, on the foregoing descrip includes specific coordinates , heights, frequency(ies) and power. Any r changes in coordinates, heights, frequency(ies) or use of greater power will void this determination. Any future. construction or alteration, including increase in heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does, include temporary construction equipment such as cranes , derricks, etc. , which may be used during actual construction of the structure. However, this equipment shall not exceed hverallChe heights as indicated above. Equipment which has a height greater studied structure requires separate notice to the FAA. he safe and This determination concerns the effect of this ststructure on re ontthelsafe and efficient use of navigable airspace by sponsor of compliance responsibilities lities relating ernment any body. •ordinance, or regulation of any Federal, State, or local gov A copy o£ this determination will be forwarded to the Federal ralhCoimunications Commission if the structure is subject to their licensing 53 foot 3ttructurelthatrexistscat thisy included evaluation Actionwill obe taken 7to ensure GL aeronautical charts are updated to reflect this existing height and thek most current coordinates/elevation as indicated in the above description. If we can be of further assistance, please contact our office at 425-227-2536. On any future correspondenceen e9 concerning n ooce i OE rnnghis matter, please refer to Aeronautical Study (man) C:1;k4alaragranklit" . Specialist, AIRSPACE BRANCH cc: NOS W/map 7460-2 Attached • FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name: Regent Broadcasting of Fort Collins, Inc. Phone: 530-671-7942 Address: 600 Main Street City,ST,Zip: Windsor, CO 80550 Business Owner: • Phone: Home Address: City,ST,Zip: List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Mark Callaghan, Operations Mgr. 600 Main Street, Windsor, CO 80550 (970) 225-6500 Quin Morrison, Chief Engineer 721 Walnut Street, Windsor, CO 80550 (970) 686-7742 Cal Hall, General Manager 1724 Tanglewood, Ft Collins, CO 80521 (970) 484-2188 Business Hours: Days: • Type of Alarm: (None) Burglar Holdup Fire Silent Audible Name and address of Alarm Company: n/a Location of Safe: n/a *.************_***********************...** ****_******************************************************************.,._** ** ....... MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 2 Location(s): South front door/North back door Door access inside chain link fence (South access) Is alcohol stored in building? No Location(s): Are drugs stored in building? No Location(s): Are weapons stored in building? No Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office. Please incicate the programs of interest. Physical Security Check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main Electrical: . North side of building inside fence - - Gas ShutOff: n/a ExteriorWaterShutoff: n/a InteriorWaterShutoff: n/a _11_ SUPPLEMENT TO APPLICATION BY REGENT BROADCASTING OF FORT COLLINS, INC. FOR SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION (USR-1457), AND SUBDIVISION EXEMPTION (SE) APPLICATION (PURSUANT TO WELD COUNTY CODE 23-4-800 ET SEQ.) A. The Department of Planning Services has requested the Applicant to address Section 23-4-820.E of the Weld County Code addressing the following standards as follows: (a) Existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower. Applicant's Response: The existing tower is loaded to its maximum capacity. A stronger and taller tower is needed to accommodate improvements, allow for future growth and additional antennas for co-location of additional facilities. (b) The proposed tower shall provide for shared capacity, if technically practicable. Applicant's Response: The proposed tower is designed for additional facilities and can provide for shared capacity/co-location. (c) The tower shall have the least practicable adverse visual impact on the environment. Applicant's Response: Attached as Exhibits"A-1"and "A-2"are photographs of the site prior to construction of the proposed tower. To the left is the existing 735' Denver Television, Inc. ("Fox Tower"). To the right is the existing 605' Regent Tower. Attached as Exhibit "B" is the site as it exists today with the Fox Tower on the left, the 605' Regent Tower in the center which will be dismantled, and the new 755' Regent Tower (the subject of this application) on the right. As only two towers will remain, there is no new visual impact on the environment. (d) The proposed tower shall not emit radiation that will adversely affect human health. Applicant's Response: The proposed facility has been evaluated for compliance with 47 C.F.R. §1.1307 of the Federal Communications rules and with OET Bulletin #65 dated August, 1997 regarding F:\XFL\REGENT COMMUNICATIONS\SUPPLEMENT 2.wpd 1 human exposure to radio frequency radiation in the vicinity of radio broadcast towers. The study found the proposal to be well under the limits for uncontrolled environments. This evaluation has been reviewed and approved by the Federal Communication Commission, which regulates such matters. (e) The proposed tower shall be the minimum height needed to accommodate the antenna. Applicant's Response: The height increase is the minimum necessary to accommodate the specifications in the authorizations issued by the Federal Communication Commission. (f) The proposed tower shall have adequate measures to discourage unauthorized climbing and to insure the security thereof. Applicant's Response: As required by the Federal Communication Commission, the tower will be protected by a chain link fence and locked gate, with warning signs posted. (g) All reasonably possible sites for the tower have been considered, and the proposed site is the most appropriate, available site from a land use perspective. Applicant's Response: The existing site meets the frequency spacing protection and coverage requirements for all facilities proposed for co-location on the tower. Moving to another site could require additional tower sites, in addition to the existing site, in order to accommodate all the proposed facilities. Applicant did investigate other possible sites, however, the most appropriate site from a land use perspective was to construct the new tower on the existing site as the existing site already has two towers and by adding a new tower and removing one of the existing towers, no other lands are affected. B. Section 23-4-870.5, a report describing the facility in the technical, economic and other reasons for its design and location; the need for the facility and its role in the network; and the capacity of the structure, including the number and type of antennas it can accommodate. Applicant's Response: The proposal is to replace the aging 605 foot tower with a new 750 foot tower to allow coverage improvements for both KUAD and KUNC. The design will also permit co-location of additional future antennas on the tower. F:UffL\REGENT COMMUNICATIONS\SUPPLEMENT 2.wpd 2 This site is now, and will continue to be, the location of the main transmitters for both KUAD and KUNC from which these stations transmit. Improving the existing location is the most economical method of improvement and creates no additional interference to existing facilities that require protection by the Federal Communications Commission. The antenna loading specified for the tower design was: r/c ft.AGL Antenna Coax Purpose 711 ERI SHPX-8AE w/Radomes 5"air dielectric KUAD Main 637 FM Broadcast 4 bay w/Radomes 4"air dielectric Future co-location 558 Shively 8-bay w/Radomes 3"air dielectric KUNC Main 450 ERI SHPX-4AE w/Radomes 3"air dielectric KUAD Auxiliary 400 FM Broadcast 4 bay w/radomes 3"air dielectric Future co-location 350 ERI SHPX-4AE w/Radomes 3"air dielectric KUNG Auxiliary 250' 6'Grid dish 7/8 foam dielectric KUAD STL 200' 15-20 ft.whip 7/8 foam dielectric Reserved for pager 180' 15-20 ft.whip 7/8 foam dielectric Future 125' Scala Parflector 7/8 foam dielectric KUAD STL/back-up 90' VHF Yagi 7/8 foam dielectric Reserved for pager 80' 4'Grid dish 7/8 foam dielectric KUNC STL 22' KU satellite dish-4' RG-6 Reserved for pager 18' KU satellite dish-4' RG-6 Future Safety climb cable to top of tower C. Section 23-4-870.A.11, a map indicating the service area/radius of the proposed commercial tower in addition to the service area/radius of other existing commercial towers within ten (10) miles of the proposed site. Applicant's Response: This application is for a broadcasting tower. There are several commercial broadcasting towers located within a ten (10) mile radius of the proposed site within Weld County. It should be noted that the Federal Communications Commission("FCC")no longer provides public information as to tower specifics due to security concerns. Therefore,all information provided is based upon visual inspections by applicant, interviews with station managers, and general knowledge of broadcast facilities. The ten (10) mile radius is generally described as follows: Weld County Road 110 on the North; the intersection of Weld County Roads 102 and 43 on the Northeast; Weld County Road 47 on the East; the intersection of Weld County Roads 76 and 41 on the Southeast; Weld County Road 70 on the South; the intersection of Weld County Roads 74 and 17 on the Southwest; Larimer County Road 7 on the West; and the intersection of Weld County Roads 13 and 104 on the Northwest. Located within this radius are the following broadcast towers: F:\KFL\REGENT COMMUNICATIONS\SUPPLEMENT 2.wpd 3 1. At the intersection of State Highways 14 and 257 is a tower containing: (a) The Larimer County Communications Broadcasting Tower. The service area generally covers Larimer County from the foothills on the West to the western part of Weld County. The service area radius of this facility is not public information. (b) Also located upon this tower is radio station KFRC (88.9 FM). The service area is generally described as parts of Larimer County and Weld County with the estimated service radius being fifteen (15) miles. 2. Located near the intersections of County Roads 96 and 13 is a broadcasting tower containing: (a) Radio station KSME (96.1 FM) with the service area generally being described as Larimer County, Weld County, Morgan County and southern Wyoming, the estimated service radius is fifty (50) miles. (b) Radio station KPAW (107.9 FM) with the service area generally being described as Larimer County, Weld County, Morgan County and southern Wyoming, the estimated service radius is fifty (50) miles. 3. At the approximate location of Weld County Roads 100 and 85 is a Weld County Communications Tower. The service area is Weld County and eastern Larimer County. The service area radius is not public information. Applicant does not know if Weld County permits co-location or other antennas upon this tower. 4. At the intersection of Weld County Roads 27 and 90 are three towers: (a) Denver Television, Inc. a/k/a Fox TV (channels 31 in Denver and 22 in Fort Collins). The service area of this tower for TV purposes is Weld County and Larimer County and possibly southern Wyoming and western Morgan County. The service area radius is not public information and applicant estimates the service area radius to be sixty (60) miles. (b) A second (and third) tower exists at this location and it contains two (2) broadcasting antennas for: (1) KUAD (K99 FM). The service area is generally described as Weld County, Larimer County, southern Wyoming,western Morgan County and possibly northern Adams County and Boulder County.. The service area radius is approximately fifty(50) miles. Note: This tower is to be removed upon approval of the new tower at this location. (2) KUNC (91.5 FM) The service area is generally described as Weld County,Larimer County,southern Wyoming,western Morgan County, possibly northern Adams County and Boulder County. The service F:XFL\REGENT COMMUNICATIONS\SUPPLEMENT 2.wpd 4 area radius is approximately fifty (50) miles. Note: This tower is to be removed upon approval of the new tower at this location. (3) KUAD (99 FM). The service area is generally described as Weld County, Larimer County, southern Wyoming,western Morgan County and possibly northern Adams County. The service area radius is approximately sixty (60) miles. Note: This is the replacement tower, the subject of this application. (4) KUNC (91.5 FM) The service area is generally described as Weld County, Larimer County,southern Wyoming,western Morgan County, possibly northern Adams County and Boulder County. The service area radius is approximately sixty (60) miles. Note: This is the replacement tower, the subject of this application. F:\XFL\REGENT COMMUNICATIONS\SUPPLEMENT 2.wpd 5 REGENT BROADCASTING OF FORT COLLINS, INC. USR-1457 FACILITY INVENTORY Regent Broadcasting of Fort Collins, Inc. owns the following broadcasting towers within Weld County (including incorporated areas) and one (1) mile beyond County borders as follows: (a) An existing 605' tower located in the Southeast One Quarter (SE%) of Section Nineteen (19), Township Eight(8) North, Range Sixty-six(66)West of the 6`h P.M., Weld County, Colorado. This tower is to be abandoned and removed upon approval of the proposed new tower. (b) The new proposed 755' tower located in the Southeast One Quarter (SE%) of Section Nineteen (19), Township Eight (8) North, Range Sixty-six (66) West of the 6th P.M.,Weld County, Colorado. This is the proposed new tower,the subject of the above referenced USR application. F:\KFL\REGENT COMMUNICATIONS\SUPPLEMENT 2.wpd 6 REGENT BROADCASTING OF FORT COLLINS, INC. USR-1457 REMOVAL OF ABANDONED TOWER Applicant, Regent Broadcasting of Fort Collins, Inc. is solely responsible to remove the existing 605'tower located in the Southeast One Quarter(SE%)of Section Nineteen (19), Township Eight(8) North, Range Sixty-six(66)West of the 6`" P.M., approved pursuant to C.U.P.-9. The landlord has no responsibility for removal. Additionally, by an Agreement dated September 3, 2003 between Regent and the Board of County Commissioners of Weld County, Regent has posted a One Hundred Five Thousand Six Hundred Dollar ($105,600.00) deposit with the Board of County Commissioners as security to assure removal fo the existing 605' tower upon approval of the new proposed 755' tower. The Agreement between Regent and Weld County requires the existing 605' tower to be removed within six (6) months after approval of the new proposed tower. r F:U(FLU2EGENT COMMUNICATIONS4SUPPLEMENT 2.wpd 7 ti EXHIBIT "A-1 - I E 14 il I. 7 J I. I ii i j 1.1111H , .itimil - EXHIBIT "A-2" - ea r . / t11 dE' "'" .c w -Ail a . '.. b- R I A w, e;k,_3ks,. t � x w6 z C,4 t e 1 t MI ft EXHIBIT "B" - Hello