HomeMy WebLinkAbout20121727.tiff HEARING CERTIFICATION
DOCKET NO. 2012-39
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0013, FOR A 150-FOOT TELECOMMUNICATION ANTENNA TOWER IN THE
A (AGRICULTURAL) ZONE DISTRICT - SHELTON LAND AND CATTLE, LTD., C/O
PDC ENERGY, INC. (FKA PETROLEUM DEVELOPMENT CORPORATION)
A public hearing was conducted on July 11, 2012, at 10:00 a.m., with the following present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 18, 2012, and duly published May 23,
2012, in the Fort Lupton Press, a public hearing was conducted on June 20, 2012, to consider
the request of Shelton Land and Cattle, LTD, c/o Petroleum Development Corporation, for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0013, for a 150-foot
Telecommunication Antenna Tower in the A (Agricultural) Zone District, at which time the Board
deemed it advisable to continue the matter to July 11, 2012, to allow adequate time to publish
the legal notice. I further certify that pursuant to a notice dated June 12, 2012, and duly
published June 20, 2012, in the Fort Lupton press, a public hearing was conducted on July 11,
2012, and Brad Yatabe, Assistant County Attorney, made this a matter of record.
El Chair Conway advised Mac Newmann, applicant's representative, that he has the option
of continuing this matter to a date when the full Board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Garcia will listen to the record and make the determining vote. Mr. Newman indicated he would
like to proceed today. He also clarified for the record that the applicant has a new name and
should be reflected as PDC Energy, Inc.
e Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the
record as written. He explained the need for a correction to the legal description, indicated the
location of the site, and stated the property is not within a three-mile referral area for any
municipality. He further stated staff did not receive any correspondence from surrounding
PL, PW, I') L 2012-1727
. - PL2168
HEARING CERTIFICATION - SHELTON LAND AND CATTLE, LTD., C/O PDC ENERGY, INC.
(FKA PETROLEUM DEVELOPMENT CORPORATION) (USR12-0013)
PAGE 2
property owners on this case, and he displayed an aerial map and photographs of the site and
surrounding area.
Don Carroll, Department of Public Works, reviewed the local roadways and access for the
unmanned tower site, which will be serviced by one to two people twice a week. He stated the
applicant will be required to manage any weeds and enter into an Improvement Agreement.
C9 Lauren Light, Department of Public Health and Environment, reiterated this will be an
unmanned facility and stated portable toilets will be allowed during the construction phase. She
stated staff has no concerns with the application and the department requirements are
addressed in the Conditions of Approval and Development Standards.
El Mr. Newmann thanked staff for helping them through the process and explained the
applicant has another tower permitted south of the Town of Johnstown. He stated the subject
tower is proposed to be 150 feet in height, which is critical for communications between the
towers and the main facility in the City of Evans. He further stated this project will allow for
off-site monitoring of well production volumes and pressure, which will improve efficiency and
reduce costs. Mr. Newmann stated the applicant has entered into a 60-year lease for the site
and the tower will not create a visual impairment for any residence in the area. He explained
they went through the Subdivision Exemption process and recorded the plat last week for the
parcel where the tower will be sited; he reviewed the drilling schedule which extends into 2014;
and he stated this tower will serve the activity areas. He further stated the applicant has
obtained a license from the Federal Communications Commission (FCC) to avoid interference
and clutter from other tower operators in the area.
ID Philip Sprouse represented the applicant and addressed questions from the Board
regarding mitigation of interference with public safety broadband. Commissioner Kirkmeyer
requested staff request a referral response from the Weld County Regional Communications
and Anita Scrams with ACS, for future antenna tower applications to ensure future proposals do
not impact the public safety infrastructure.
El No public testimony was offered concerning this matter. In response to Chair Conway,
Mr. Newmann stated the applicant has no concerns with the language in the Draft Resolution.
In response to questions from the Board, Mr. Newman stated the phrase "earth tone color" in
Development Standard #15 also includes galvanized steel, and this tower will be similar to the
other tower near Johnstown. At the suggestion of Commissioner Long, the Board agreed to
delete the language and leave the control up to the jurisdiction of the FCC. Responding to
Chair Conway, Mr. Newmann stated he and the applicant have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as proposed and modified.
C9 Commissioner Rademacher moved to approve the request of Shelton Land and Cattle,
LTD, c/o PDC Energy, Inc. (fka Petroleum Development Corporation), for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0013, for a 150-foot
Telecommunication Antenna Tower in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
2012-1727
PL2168
HEARING CERTIFICATION - SHELTON LAND AND CATTLE, LTD., C/O PDC ENERGY, INC.
(FICA PETROLEUM DEVELOPMENT CORPORATION) (USR12-0013)
PAGE 3
Approval and Development Standards as entered into the record. His motion included deleting
Development Standard #15 and amending applicant's name throughout the Resolution and
corresponding documents. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously. There being no further discussion, the hearing was completed at
10:40 a.m.
This Certification was approved on the 16th day of July, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: • p
Sean P. Conway, Chair
Weld County Clerk to the Board
EXCUSED
William F. Garcia, Pro-Te
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Deputy Cle to th Board �a ♦ rfj'rkmeYer
Iasi m•�"� 1�= David E. Long
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EXHIBIT INVENTORY CONTROL SHEET
Case USR12-0013-SHELTON LAND AND CATTLE,LTD.,c/o PDC ENERGY,INC.
Exhibit Submitted By Description
A. Planning Commission Resolution of Recommendation
B. Planning Commission Summary of Hearing(Minutes dated 06/05/2012)
C. Chris Gathman Email regarding Hearing Date
D. Chris Gathman Email regarding revised Legal Description
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