HomeMy WebLinkAbout20080544.tiff HEARING CERTIFICATION
DOCKET NO. 2008-13
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1353 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT SERVICES, AND ONE OR MORE MICROWAVE OR OTHER
COMMUNICATION TRANSMISSION OR RELAY TOWERS OVER SEVENTY FEET IN
HEIGHT (120-FOOT RADIO TOWER) 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, Jacqueline Hatch
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 Amended Use by Special
Review Permit#1353 for a Mineral Resource Development Facility, including Oil and Gas Support
Services, and one or more microwave or other communication transmission or relay towers over
seventy feet in height(120-foot radio tower) in the A(Agricultural)Zone District. Cyndy Giauque,
Assistant County Attorney, made this a matter of record. Chair Jerke advised the applicant's
representative, Patrick Groom, 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.
Jacqueline Hatch, 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. She stated the surrounding properties consist
of agricultural uses to the east and south; Third Amended Use by Special Review (USR)
Permit #1002, for a gas production and compressor facility to the north; and Special Use
Permit#211,for a compressor station facility, and USR#1291,for an Oil and Gas Support Facility,
to the west of the site. She further stated staff has not received letters or telephone calls from
surrounding property owners, and the site is not within the three-mile referral area of any
municipality. Ms. Hatch stated twelve referral agencies reviewed the proposal, four offered no
comment, five provided comments that have been addressed in the Conditions of Approval and
Development Standards, and staff received no response form the Federal Communications
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HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (USR #1353)
PAGE 2
Commission or the Platte Valley Soil Conservation District. She displayed photographs of the site
and surrounding area. In response to Commissioners Masden and Rademacher, Ms. Hatch stated
there are no towers on the surrounding properties, which consist primarily of oil and gas and
agricultural activities. Responding further to Commissioner Masden,Ms.Hatch stated the applicant
is updating all of the plats for its various facilities.
Lauren Light, Department of Public Health and Environment, stated this will be an unmanned
facility, therefore, septic and water service will not be required. She stated there is a septic permit
and water for the adjacent parcel, permitted under USR#211, which is currently under review for
an amendment. She stated both parcels are owned and operated by the same company, and the
facility for employees is located on the adjacent parcel. Ms. Hatch stated based on that
information, certain Conditions of Approval and Development Standards can be deleted.
Don Dunker, Department of Public Works, stated the site has two accesses from County Road 22,
which has 60 feet of right-of-way and an average daily traffic count of 1,012 vehicles. He stated
County Road 22 is maintained by Weld County, the Conditions of Approval require a total of 120
feet of right-of-way, and there are no structures currently within the required right-of-way.
Patrick Groom,Attorney, represented the applicant and stated the request is to amend an existing
permit, and he clarified the applicant also operates an office and storage area to the west, under
two other USR permits. He stated the subject site will be unmanned, and any maintenance will be
done by staff employed on the neighboring parcels. He stated the subject application proposes
to extend the height of the tower to allow for better communications, and he clarified the parcel to
the east is a drill site pad. In response to Commissioner Masden, Mr. Groom stated two
compressors are proposed to be located next to the existing compressors to accommodate
increased production; however, placement of those improvements will be based on production in
the next two to five years. In response to Commissioner Jerke, Mr. Groom stated many of the
Kerr-McGee properties were acquired from various operators, and they have been going through
the amendment process to update the facilities and secure the permits in the current operator's
name.
No public testimony was offered concerning this matter. In response to Commissioner Jerke,
Mr. Groom stated he and the applicant have reviewed, and concur with,the Conditions of Approval
and Development Standards,with the modification to remove the requirements for septic and water
on the site. Ms. Hatch stated Conditions of Approval #1.D and #1.E, and Development
Standards #10, #11, #12, and #30 may be deleted. The Board and Mr. Groom agreed with the
proposed deletions.
Commissioner Garcia moved to approve the request of Kerr-McGee Gathering, LLC, for a Site
Specific Development Plan and Amended Use by Special Review Permit #1353 for a Mineral
Resource Development Facility, including Oil and Gas Support Services, and one or more
microwave or other communication transmission or relay towers over seventy feet in height
(120-foot radio tower) 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. His motion included the deletion of Conditions of
Approval #1.D and #1.E, and Development Standards #10, #11, #12, and #30. The motion was
seconded by Commissioner Rademacher, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:05 a.m.
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HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (USR#1353)
PAGE 3
This Certification was approved on the 3rd day of March, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
I,
``` • WELD COUNTY, COLORADO
ATTEST: i
u _ iifm H. Jerke, Chair
h).-14
Weld County Clerk to the Board` ,� \\e)Q' p?' \t\ —
Oang �p�-� _ Rob(rt M n, Pro-Tem
De Cleft to the Boar i U f i
William F. Garcia
EXCUSED
avid E. Long
4.4
Dougl Rademac er
2008-0544
PL1565
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1353 - 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 1/15/2008
and 12/18/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff E-mail re: Modification to Development
Standard #23, dated 02/11/2008
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