HomeMy WebLinkAbout20072940.tiff HEARING CERTIFICATION
DOCKET NO. 2007-70
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #1280 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING OIL AND GAS SUPPORT AND 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 September 17, 2007, at 10:00 a.m.,with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Char Davis
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated August 30, 2007, and duly published September 5,
2007, 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 Permit#1280 for a Mineral Resource Development Facility, including Oil and Gas
Support and 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. Bruce
Barker, County Attorney, made this a matter of record. Jacqueline Hatch, 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. She stated the site is located one-quarter
mile west of County Road 37, and one-half mile north of County Road 32, and she gave a brief
description of the land uses of surrounding properties. She stated the amendment addresses the
current on-site conditions and serves as a baseline for future improvements to the site. She further
stated the upgrades to the facility are for on-going modernization of the equipment, and the new
application was also required due to a change in ownership of the facility. Ms. Hatch stated the
120-foot communication tower will be utilized only by Kerr-McGee to facilitate communication of
safety issues between field workers, and she displayed photographs of the site. She clarified no
letters or telephone calls have been received from surrounding property owners and the site is not
located within the three-mile referral area for any municipality. She stated thirteen referral agencies
reviewed the request, and seven agencies included comments which have been addressed within
the Conditions of Approval and Development Standards. She clarified no comments were received
from the Colorado Oil and Gas Conservation Commission, Colorado Department of Public Health
and Environment, or the Office of Emergency Management.
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HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (2NDAMUSR #1280)
PAGE 2
Char Davis, Department of Public Health and Environment, stated the site will be serviced with well
water and septic systems will handle the effluent flow.
David Snyder, Department of Public Works, stated County Road 30 is classified as a collector
status road, and it is maintained by Weld County. He stated access to the site is on County
Road 37, a local gravel road, which is not maintained by the County. He further stated the site is
fully fenced and secured, access is adequate, and adequate space surrounds the tower in the
event of collapse.
(Clerk's Note: Only one presentation, which pertained to 2ndAmUSR#1280, AmUSR#428, and
AmUSR #217, all for applicant Kerr-McGee Gathering, LLC, was presented by the applicant's
representative,Attorney Patrick Groom.) Mr.Groom stated the applicant is very enthusiastic about
the applications,which are similar in nature. He stated an amendment to the permit is required due
to the change of ownership, and the applicant is also installing a wireless network throughout its
oil and gas facility sites, to enable efficient and effective communication. He further stated the
network will allow workers within the field to report emergencies more quickly and reliably since cell
phone service within certain areas of the County is not reliable. He stated the wireless network will
allow equipment to be monitored and problems to be detected much quicker. Mr. Groom stated
a tower will be erected, and plenty of space exists for the placement of the tower. He clarified
towers will be placed at many of the applicant's sites; however, only three sites are located within
the unincorporated portions of Weld County. He stated the equipment to be placed on the tower
is a simple satellite dish, and is small is size. He stated no obstruction of communication or
frequency issues are expected. In response to Commissioner Masden, Mr.Groom stated the tower
will not collapse upon itself, instead, it will fall laterally.
Mike Stohler, Kerr-McGee Gathering, LLC, stated the towers are not constructed to fall within
themselves, they will most likely fall over sideways, and the last portion of the tower will fold over
like a hinge. He clarified the towers are sturdy and not easily broken apart. In response to Chair
Long, Mr. Stohler stated the towers will operate within an unlicenced frequency, and there will be
no interference with other channels. Further responding to Chair Long, Mr. Groom stated if
interference occurs within a licensed frequency, the Federal Communication Commission (FCC)
will require that the interference be remedied. He explained there are no current surrounding users
at each of the sites, therefore, it is currently impossible to create interference. He stated future
communications will continue to be addressed through FCC regulations.
Responding to Chair Long, Mr. Stohler stated it is not required to place a light at the top of the
tower. Mr. Groom explained the necessity of lights is addressed through the Federal Aviation
Administration guidelines, and due to the distance of the towers from surrounding airports, lights
are not required. He further stated the towers will be painted and maintained on a periodic basis,
mainly for aesthetic purposes. In response to Commissioner Masden, Mr. Groom indicated no
flashing lights are required for the tower. He further stated there are very few residences within
500 feet of each of the site locations.
No public testimony was offered concerning this matter.
In response to Chair Long, Ms. Hatch indicated she is not requesting any modifications to the
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HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (2NDAMUSR#1280)
PAGE 3
Resolution. Responding to Chair Long, Mr. Groom indicated he,and the applicant, have reviewed,
and concur with, the Conditions of Approval and Development Standards, as presented.
Commissioner Masden moved to approve the request of Kerr-McGee Gathering, LLC, for Site
Specific Development Plan and Second Amended Use by Special Review Permit #1280 for a
Mineral Resource Development Facility, including Oil and Gas Support and 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 the
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
10:20 a.m.
This Certification was approved on the 19th day of September 2007.
APPROVED:
d ;. , a BOARD OF COUNTY COMMISSIONERS
-; WEL OUNTY, COLO DO
ATTEST: a fr ,� cis O �J
David E. Long, Chair
Weld County Clerk to the y .1S
U a Cdfinn William JJef{a ro-Tem
BY: (/ urvl J �
De ty Cle to the Board)
Wi • m F. Garcia
TAPE #2007-27 ,
obert D. Masden
DOCKET#2007-70 biL - S, Mete,-LAJ.C___
Dough Rademache
2007-2940
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EXHIBIT INVENTORY CONTROL SHEET
Case 2NDAMUSR #1280 - 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 08/21/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and photo of sign posting
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