Page 1

TOWN OF MILLIKEN TOWN BOARD AGENDA MEMORANDUM

To: Mayor Measner and the Board of Trustees

From: Danna Ortiz, Town Planner, Civil Resources, LLC

Via:

Meeting Date:

Wednesday,January 23, 2008

Agenda Item # Action:x

Discussion: Information:

Agenda Title: Use by Special Review for Kerr McGee Wildcat Bluffs Radio TowerAttachments: Submittal Information

PURPOSE This property is located southwest of the intersection of Weld County Road 21 and Weld County Road 42 on the Platte River Village property. The site is currently undeveloped, fallow, pasture land. As you know, Platte River Village is being developed as a master planned community with over 900 units and the tower will occupy open space within the Planned Unit Development (PUD). KMG’s ultimate goal is to locate the unmanned radio tower on top of the water tower. Kerr-McGee (KMG) is proposing replacing 4 existing radio towers with one 100 feet in height in order to improve the company’s field communication network. KMG affirms that if the Use by Special Review application is approved, the tower will be made available, on a reasonable basis, to other service providers. The tower will require periodic maintenance to maintain the appearance and structural integrity of the tower.

STRATEGIC PLAN GOAL(S) IMPLEMENTEDNot applicable, the strategic plan has not yet been adopted.

BUDGET IMPLICATIONSNot applicable at this time.

BACKGROUND

BACKGROUND INFORMATION Type of Application Use by Special Review Location: South of WCR 42 and West of WCR 21

Section 27, Township 4 North, Range 67 West, 6th P.M. Applicant: Kerr-McGee Oil & Gas Onshore LP, An Anadarko Company Existing Land Use: Valve site and existing radio towers Proposed Land Use: Replace 4 existing radio towers with one 100’ tower Surrounding Land Use: Undeveloped pasture land – soon to be Platte River Village Existing Zoning: PUDProposed Zoning: PUD (I-1 underlying)

Page 2

STAFF ANALYSIS It is staff’s opinion, based on review of the application that the application complies with the Use by Special Review Criteria.

REVIEW CRITERIA The Town shall approve an application for a use permitted by special review for a well site if the application submitted conforms to the following requirements:

1. The site plans for the wireless telecommunication service use by special review application comply with the requirements of Subsection 16-3-610 (1).

Staff Comment: Staff finds that the application complies with the requirements of Subsection 16-3-610 (1) Application Requirements – Site Plan.

2. The vicinity maps for the wireless telecommunication service wireless telecommunication service use by special review application comply with the requirements of Subsection 16-3-610(2).

Staff Comment: Staff finds that the application complies with the requirements of Subsection 16-3-610 (2) Application Requirements – Vicinity.

3. The narrative for the wireless telecommunication service use by special review application complies with the requirements of Subsection 16-3-610(3).

Staff Comment: Staff finds that the application complies with the requirements of Subsection 16-3-610 (3) Application Requirements – Narrative.

Kerr-McGee affirms that the proposed tower will not interfere with any public safety frequencies servicing the Town of Milliken and its residents. It is anticipated that the equipment to be used on the tower will generate very little, if any, sound. KMG has stated that they will comply with all applicable noise ordinances in the construction and operation of the tower. They have designed the tower to have little impact on migratory birds and other wildlife. KMG will continue to monitor the site to identify any nesting raptors which may be disturbed by the installation and maintenance of the tower. KMG will maintain the site in order to eliminate all noxious weeds. Following installation, KMG has committed to reclaim the land by planting native grasses. They will be mow the site on a regular basis in order to manage the height of vegetation.

4. The wireless telecommunication service use by special review application and setbacks comply with the requirements of Section 16-3-610 (e).

Staff Comment: Staff finds that the application complies with the requirements of Subsection 16-3-610 (e) – Wireless Telecommunications Services Facility – Location and Setbacks.

5. When applicable, compliance with the provisions for accessory building requirements in Section 16-3-610(f).

Staff Comment: Staff finds that the application complies with the requirements of Subsection 16-3-610 (f) – Accessory Buildings Requirements.

REFERRAL COMMENTS

Staff received one referral comment from the Milliken Police Department. The police stated that since this location is

Page 3

periodically used as a late night gathering spot for youth, they want to ensure that there are security measures including fencing and design initiatives that preclude the possibility of unauthorized subjects accessing the facility and climbing the tower. KMG has committed to work closely with the Milliken Police Department to ensure that there are adequate security measures on site.

STAFF RECOMMENDATION

Staff recommends approval of the Special Use Permit Application.

STAFF RECOMMENDATION Staff recommends that the Board of Trustees approve the Kerr McGee’s Use by Special Review permit application for the Wildcat Bluffs Radio Tower.

PLANNING COMMISSION RECOMMENDATION

The Planning Commission recommends that the Board of Trustees approve the Kerr McGee’s Use by Special Review permit application for the Wildcat Bluffs Radio Tower.

RECOMMENDED MOTION I move that the Board of Trustees approve Kerr-McGee Oil & Gas OnShore LP’s Use by Special Review permit application for Wildcat Bluffs Radio Tower.

2627

1MARTINEZ

2MARTINEZ

8-2Y

8O26-4

GRAY

W

26-6WOLFSON

27-2GOLLNER

27-3GOLLNER

27-4GOLLNER

27-5GOLLNER

27-6GOLLNER

27-7GOLLNER

27-8GOLLNER

23-13I7UPRC 23

23-14I7UPRC 23

SC

27-32MARTINEZ

27-33MARTINEZ

27-43GOLLNER

27-41GOLLNER

27-44GOLLNER

27-34MARTINEZ

14-26HSR-SHARKEY

11-26HSR-SHARKEY

23-25LOT O

-16

9

PLATTE 19-26 PLATTE 23-26

PLATTE 28-35

Surface OwnerJohnstown Milliken LLCWC Parcel #105927000016

Sunmarke Investments LLCWC Parcel #105922000010

Surface Owner Surface OwnerLot Holding Investments LLCWC Parcel #105922000011 Lot Holding Investments LLC

WC Parcel #105923000033

Surface Owner

Lot Holding Investments LLCWC Parcel #105926000032

Surface Owner

Surface OwnerPlatte TrustWC Parcel #105926200042

Platte TrustWC Parcel #105926300037

Surface Owner

20'x30' Permanent Easementfor Radio Tower Site 100' elevation

50'x60' Temporary EasementDuring Construction

WCR 42

WC

R21

North Section Line

CL. 20' WideSide Access Easement

90-6" Pipeline

134-

4" P

ipel

ine

Receiver Site

Fence

4925

4920

Johnstown Milliken LLCWC Parcel #105927000017

Surface Owner

Not Drawn to Scale

WCR 42

WC

R 2

1

WCR 42

WC

R 2

1

16-90-6"

04-1

42-4

"

Kerr-McGee Gathering, LLC

Wildcat Bluffs Radio Tower Sec. 27-T4N-R67W

Weld County, Colorado

Author :

Teddy Ruampant

Created :

12/180/2007

Printed :

18 December, 2007

Project :

RM-DJ Basin Land

Scale :

1”=1250’

File :

Misc/radiotower.gmp

This aerial photo and all notations and depictions thereon are provided as a courtesy andare intended to be used for general reference purposes only. Kerr-McGee/Anadarko expressly disclaims any and all representations or warranties regarding the accuracy or the completeness of the information appearing on this aerial photo and any reliance on it for any purpose whatsoever is at the sole risk of the party so relying.

Wildcat Bluffs Radio Tower

CR 19

CR 17

CR 42

CR 21

CR 46.5

CR 23

CR 46

CR 44

IREN

E AV ALIC

E AV

CR 40

CR 40.5

LILAC ST

GREEN ST

MARJ

ORIE

AV

BOBCAT DR

JUNEBERRY STHOLLY ST

RANCHER DRFAIRACRES LN

CR 44

CR 23

CR 40

CR 46

GREEN ST

CR 42

CR 19

CR 21

CR 40

CR 19

AERIAL SITE LOCATION

CR 19

CR 42

CR 23

CR 38

CR 21

CR 36.5

CR 19.5

CR 40

CR 23

CR 19

CR 42

CR 23

CR 38

CR 36.5

CR 21

CR 19.5

CR 40

CR 36

CR 23

FUTURE LAND USE ZONING

SITE LOCATION

Open Space AreaZone CD/ConservationPreservation AreaMixed UseEstate ResidentialLow Density Residential

ACDPUD

R-1

X

RESOLUTION NO. 08-02

A RESOLUTION OF THE TOWN OF MILLIKEN, WELD COUNTY, COLORADO APPROVING THE USE BY SPECIAL REVIEW FOR KERR- MCGEE GATHERING’S WILDCAT BLUFFS RADIO TOWER

WHEREAS, the Planning Commission, at its public meeting on January 16, 2008, reviewed the application for the Use by Special Review application submitted by Kerr-McGee Gathering for the Wildcat Bluffs Radio Tower; and,

WHEREAS, the Planning Commission found that the site plan, vicinity maps, and written narrative have been presented and comply with the requirements of the Milliken Land Use Code; and,

WHEREAS, the property was posted and notice was published in accordance with the Milliken Land Use Code; and,

WHEREAS, the Planning Commission voted to recommend approval of the proposed antennae subject to staff conditions;

NOW, THEREFORE, be it resolved that the Use by Special Review permit for Kerr-McGee Gathering’s proposed Wildcat Bluffs Radio Tower be approved.

This resolution was passed by a vote of seven in favor, none opposed at the meeting of the Board of Trustees on the 23rd day of January, 2008.

ATTEST: TOWN OF MILLIKEN:

Kari Redman-Gutierrez – Town Clerk Linda Measner – Mayor