HomeMy WebLinkAbout950507.tiffKDVR
501 Wazee
Denver, Colorado 80204
Thursday -December 1,1994-12:05pm
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, Colorado 80631
Dear Sirs:
On 8 June 1994, the Board of County Commissioners of Weld County, Colorado, conditionally
approved a Site Specific Development Plan and Special Review Permit requested by Denver
Television, Inc., dba KDVR.
The approval covered the construction of a 738 -foot guyed communication tower in the A
(Agriculteral) Zone District, West of Pierce. This new tower is immediately adjacent to an
exisiting 600 -foot tower.
This application seeks to amend the 8 June 1994 approval and requests that the older tower be
permitted to remain with the new tower.
In the original application, KDVR had indicated their desire to remove the exisiting tower, and
was granted until the end of 1995 to do such. At that time, it was assumed that there would be
little interest in retaining the older tower, and it's best value would be realized by selling it
disassembeld after the radio staion tennents had been moved to the new tower.
The purpose of this request is to permit one of, or a group of, the tennents using the exisiting
tower (currently KGLL, KUAD, KUNC, and Interlink Communications) to purchase the older
tower for their use. Besides the obvious advantage to the purchaser of "controlling their own
destiny" (tower space being essential to a broadcaster) it also makes more tower space available
in Weld County. With tower space available, it is more likely that future radio, TV, cellular
telephone, two-way radio and other services will opt to locate on existing towers rather than seek
to construct new sites.
This application is almost exactly as the application submitted in April 1994 as USR-1047. The
only change is that USR-1047 included the removal of the older tower, and this submission seeks
to remove that condition. Thus, this application requests that the facility and use remain as they
are at this time. This being the case, there appears to be no traffic, environment, visual, or other
impact. There is no technical or safety reason that both towers can not coexist. Currently, the
Federal Aviation Administration has both towers permitted.
If there is any question concerning this request for amendment, please call me at 303-595-3131.
Sincerely,
Frederick M. Baumgartner
Engineering Manager
950507
LiEXHIBIT
REQUEST FOR AMENDMENT TO USR-1047
APPLICATION FOR USE BY SPECIAL REVIEW
Subject Property: Township 8 North Range 66 West 6th P M. Weld County Colorado
Section 19: A tract in the SE1/4 more particularly described as
commencing at SE1/4 corner of said Section 19, thence
West 1,216 feet to the True Point of Beginning, thence
North 1,600 feet, thence West 1,490 feet, thence South
1,600 feet, thence East 1,490 to the True Point of
Beginning, containing 54.73 acres, more or less.
Denver Television Inc., dba KDVR
1 December 1994
This Request for Amendment of USR-1047 is presented as an Application for Use by Special
Review and consists of the application page to which this is attached, and the following, which
appeared as part of the original filing of 13 April 1994.
1. Affidavit of surface fee (property) owners within the USR area and adjacent surface estates.
2. Affidavit of interest owners -mineral estate -within the USR area.
3. One 81/2 x 11 copy of the Special Review plat.
4. Various approvals granted as part of the initial application
5. Lease agreement for the facility.
Attached also is the approved Special Review Plat (10 copies), and reductions.
Further exhibits are included.
PROPOSED I JSF: By this Application, Denver Television, Inc., dba KDVR ("KDVR") seeks
amendment to a Use by Special Review ("USR") to permit the existing tower, originally
proposed for removal, to remain functional on the site.
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NEED: Permitting the older tower to remain permits one or more of the existing tenants to
remain on the existing tower. The current tenants are KUNC-FM, KGLL-FM, KUAD-FM and
Interlink. There appears to be some interest on the part of one or more of the existing tenants to
remain on the existing tower, purchasing it in order to control their tower space and control their
own destiny. Likewise, there have been inquiries on the part of KCSU-FM, the Fort Collins
public radio station, and an engineering firm seeking cellular tower space. Removing the existing
tower would deny these and any future users tower space and force them to seek to construct
another tower in Weld County. Given the interests shown by the various parties, KDVR requests
that the existing older tower be permitted to remain.
KDVR does not desire to be in the tower rental business, except as is required by the acquisition
of the original tower, or is responsible to provide other users access to a limited resource.
Further, KDVR has not sought rate increases from the current tenants and has extended
invitations to occupy the new tower in a more favorable location (higher) and extend the existing
lease terms for a significant period of time, without cost increase.
It is our opinion that Weld County and the various tower space users, now and in the future,
would best be served by granting this amendment.
EXISTING USES: The USR area is located approximately thee miles West of Pierce and has
been used solely for agriculture and the two existing broadcast towers and related transmitter
buildings. Zoning is A (Agriculture) at the site, the towers being located approximately 700 feet
north of WCR 90 and approximately 1,855 feet west of WCR 27. All surrounding land is used
for agriculture.
USE BY SPECIAL REVIEW QUESTIONNAIRE
1. The proposed amendment is consistent with the Weld County Comprehensive Plan as it is an
existing and approved use.
2. The proposed amendment is consistent with the intent of the zone district it is located in, as it
is an existing and approved use.
3. The proposed amendment is consistent with future development as stated in the Weld County
Comprehensive Plan as it is an existing and approved use, and has the potential of reducing the
number of radio sites needed in Weld County.
4. The surrounding property is agricultural.
5. The property is not located in a Flood Hazard zone, Geologic Hazard zone, or Airport Overlay
zone.
6. All efforts have been made to preserve productive agricultural land. A minimum of land is
precluded from agricultural use by this facility.
950507
7. The property is secured and exterior warning signs are posted concerning the high -voltage
equipment located within the secured buildings. There are no other known dangers.
8. The site will continue to be used, as it is now, for transmitting radio and television signals.
9. The nearest residence is to the West, approximately 1,500 feet, the next nearest residence is
approximately one -and -one-half mile. There are few residences in this area.
10. Only maintenance personal will visit the site, and this is occasional.
11. It would be unusual for more than two people to be on the site at any given time.
12. There are no domesticated animals involved.
13. The is no operating or process equipment involved.
14. There are no new structures requested.
15. Vehicle access will normally be made by passenger cars.
16. There are no septic or sewer services.
17. There are no waste materials to be stored on site.
18. Debris and junk will be periodically hauled to the dump.
19. No construction is proposed.
20. No landscaping change is proposed.
21. Complete reclamation plans are covered in USR-1047, 8 June 1994. In brief, the towers and
buildings will be removed at the end of their useful life.
22. This seeks amendment of the original USR. Simply, there being no reason to remove the
original tower, and there being some interest in maintaining the original tower for use by one or
more of the existing users, it is requested that the condition applied in USR-1047 be removed
permitting both towers to remain on the site.
23. Current fire protection is adequate and will continue.
24. No water is required.
25. There is no change in storm water drainage.
950507
EXHIBIT LIST
1. Use By Special Review Application.
2. Original USR plat.
3. Site Location.
4. Topographic Map.
5. Aerial Photo.
6. Affidavit of interest owners - surface area and adjacent estates.
7. Affidavit of interest owners - mineral estate.
8. Surrounding property owners and/or subsurface owners.
9. Conditional approval notice for USR 1047.
10. USR-1047 Determination
11. Site Specific Development Plan
12. Power of Attorney, landowner to Denver Television Inc.
13. Legal Description - Original Tower.
14. Legal Description - New Tower
15. Legal Description for Site and guy anchors.
16. Map of new site.
17. FAA approval.
18. Lease between Dummler and Denver Television Inc..
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USE BY SPECIAL REVIEW APPLICATION
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone - 353-6100 - Ext. 3540, Fax li (303) 351-0978
TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature)
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: As attached
Section 19 T 8 N, R 66 W TOTAL ACREAGE 54.73+ Acres
A (Agriculture) OVERLAY ZONE none
Agriculture, iv and FM Transmission Tower Facility
(Same as existing)
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT:
Name: 1Villiam E Dummier and Vera L. Dumler
Address: 13626 E. Bates Avenue City/State/Zip: Aurora Co viola
Home Telephone: 303 337 9308 Business Telephone:
Name:
Address: City/State/Zip:
Home Telephone: Business Telephone:
PRESENT ZONE
PROPOSED USE
APPLICANT OR AUTHORIZED AGENT (if different than above):
Denver Television, Inc., dba KDVR
Name:
Address: SO1 1/117PP Street
Home Telephone:
City/State/Zip: Denver, Se 88292
Business Telephone: 30�-595-3131
I hereby state that all statements and plans submitted with the application are true
and correct to the best of my knowledge.
Signature: Iwner or Autho zed Agent
Frederick M. Baumgartner
Engineering Manager
950507 •
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