HomeMy WebLinkAbout20080482.tiff HEARING CERTIFICATION
DOCKET NO. 2008-14
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #468 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL GAS
PROCESSING FACILITY), AND ONE OR MORE MICROWAVE OR OTHER
COMMUNICATION TRANSMISSION OR RELAY TOWERS OVER SEVENTY (70) FEET
IN HEIGHT IN THE A(AGRICULTURAL)ZONE DISTRICT-KERR-MCGEE GATHERING,
LLC
A public hearing was conducted on February 27, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated February 8, 2008, and duly published February 13,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of
Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Second Amended Use by
Special Review(USR) Permit#468 for a Mineral Resource Development Facility, including an Oil
and Gas Support and Service Facility(natural gas processing facility),and one or more microwave
or other communication transmission or relay towers over seventy (70) feet in height in the
A (Agricultural) Zone District. Cyndy Giauque, Assistant County Attorney, made this a matter of
record. Chair Jerke advised Patrick Groom, Attorney, 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 Long will listen to the
record and make the determining vote. Mr. Groom indicated he would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered
the favorable recommendation of the Planning Commission into the record as written, and gave
a brief description of the location of the site. He stated the property is within the three-mile referral
area for the Cities of Fort Lupton and Brighton, and the Towns of Hudson and Lochbuie. Mr. Ogle
stated the City of Fort Lupton and Town of Hudson indicated no conflicts with their interests, and
the City of Brighton and Town of Lochbuie did not respond to the referral request. He stated
surrounding land uses consist of high plains grasslands to the north, south, and east, as well as
several surrounding residences. He further stated staff did receive one letter and a telephone
inquiry regarding the new tower. He stated the site is serviced by a well which is limited to drinking
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HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (2NDAMUSR#468)
PAGE 2
and sanitary purposes. Mr. Ogle stated 19 referral agencies reviewed the proposal, and ten
responded with comments which have been addressed in the Conditions of Approval and
Development Standards. He stated the facility is accessed from County Road 10,and he displayed
photographs of the existing structures and surrounding land uses. He stated the existing tower
is 480 feet tall, for use by Kinder Morgan, and there is no additional room to allow for co-location.
In response to Chair Jerke and Commissioner Masden, Mr. Ogle stated the Patrick Subdivision is
located west of the subject site, and he indicated the USR boundary and the proposed tower
location on the displayed map. Responding to Commissioners Rademacher and Garcia, Mr. Ogle
stated the original USR was approved in 1981, for PanHandle Eastern, and amended in 1993, to
allow the 480-foot tower. Responding to Commissioners Garcia and Rademacher, Mr. Ogle
indicated the location of existing tower,which is permitted for use by Kinder Morgan, as well as the
location of the proposed tower, which will be used by Kerr-McGee.
Lauren Light, Department of Public Health and Environment, stated there is a commercial well
permit on the property, as well as a septic permit for the compressor building. She stated the
Conditions of Approval require the applicant to submit a statement documenting the existing
system, which must be evaluated by an engineer.
Don Dunker, Department of Public Works, stated the site is accessed from the County Road 10
section line, and the applicant is working on a Nonexclusive License Agreement for maintenance
of upkeep for a distance of two miles west from the site. He stated the average daily traffic count,
taken in August 2006, averaged 273 vehicles, and the proposed use will result in a minimal
increase during construction of the tower. In response to Chair Jerke, Mr. Dunker stated, as part
of the Nonexclusive License Agreement process,the applicant must notify the surrounding property
owners, and they are waiting on original signatures. Once the process is finalized, the County
Road 10 section line will be a nonexclusive road, and it will not be maintained by Weld County. In
response to Commissioner Garcia, Mr. Dunker stated the applicant must manage on-site drainage
and mitigate erosion;however, no detention structures are required,and the applicant has satisfied
staff concerns. Commissioner Jerke commented the photographs showed the site vegetated with
pasture grass, which provides good erosion control.
Mr. Groom represented the applicant and stated the main purpose for the amendment is to include
the new communications tower. He stated the applicant originally attempted to negotiate
co-locating on the Kinder Morgan tower; however, an agreement could not be reached due to
limited space. Therefore, the applicant is proposing to erect a new tower,which will be one-fourth
the height of the existing tower. He further stated County Road 10 section line is not open all the
way to County Road 35, the applicant will maintain County Road 10 adjacent to the site, and no
other changes to the site are being proposed at this time.
No public testimony was offered concerning this matter. Mr. Groom stated he and the applicant
have reviewed, and concur with, the Conditions of Approval and Development Standards, as
proposed.
Commissioner Masden moved to approve the request of Kerr-McGee Gathering, LLC, for a Site
Specific Development Plan and Second Amended Use by Special Review Permit#468 fora Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility(natural gas
processing facility), and one or more microwave or other communication transmission or relay
2008-0482
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HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (2NDAMUSR#468)
PAGE 3
towers over seventy (70) feet in height in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission,with the Conditions of Approval
and Development Standards as entered into the record. The motion was seconded by
Commissioner Garcia, and it carried unanimously. There being no further discussion, the hearing
was completed at 11:20 a.m.
This Certification was approved on the 3rd day of March, 2008.
APPROVED:
EL.", BOARD OF COUNTY COMMISSIONERS
/� 0.$2<, WELD COUNTY, COLORADO
ATTEST:
'TM9 .•�" , ' r
+,� f > W' 'am H. Jerke, Chair
Weld County Clerk to the\t 4t ) \� >
J 1 '' Robert D. d ` P -Tem
BY: / ( i V, ���
Dep Clerk the Board
William F. Garcia
EXCUSED
vid E. Long
r' aoJ1ttr
Douglas ademach r
2008-0482
PL0781
EXHIBIT INVENTORY CONTROL SHEET
Case 2ndAmUSR#468 - KERR-MCGEE GATHERING, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 01/15/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Platte Valley Conservation Dist Referral response, received 01/17/2008
F. EnCana Oil and Gas (USA) Inc. Letter of Objection, dated 02/20/2008
G. EnCana Oil and Gas (USA) Inc. Letter withdrawing Objection, dated
02/25/2008
H. Planning Staff Certification and Photo of sign posting
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