TOWN OF MILLIKEN TOWN BOARD AGENDA MEMORANDUM To

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TOWN OF MILLIKEN TOWN BOARD AGENDA MEMORANDUM To:

Meeting Date:

Mayor Measner and the Board of Trustees

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

Wednesday, January 23, 2008

Via: Agenda Item # Agenda Title: Attachments:

Action: Discussion: Information: x Use by Special Review for Kerr McGee Wildcat Bluffs Radio Tower 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) IMPLEMENTED Not applicable, the strategic plan has not yet been adopted. BUDGET IMPLICATIONS Not 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:

PUD

Proposed Zoning:

PUD (I-1 underlying)

Page 1

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 16-3610(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

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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.

Page 3

Surface Owner

Surface Owner Sunmarke Investments LLC WC Parcel #105922000010

Lot Holding Investments LLC WC Parcel #105922000011

WCR 21

04-142-4"

LOT O 23-25

UPRC 23 23-13I7

UPRC 23

Surface Owner

23-14I7

Lot Holding Investments LLC WC Parcel #105923000033

WCR 42 16-90-6" GOLLNER

GOLLNER

27-4 8

Surface Owner

GOLLNER

27-3

Surface Owner Johnstown Milliken LLC WC Parcel #105927000016

Lot Holding Investments LLC WC Parcel #105926000032

GRAY

27-2

O26-4

MARTINEZ

Surface Owner

1

Platte Trust WC Parcel #105926200042

GOLLNER Y

27-6

WCR 21

8-2

GOLLNER

134-4" Pipeline

GOLLNER 27-5

WCR 42

GOLLNER

27-7 49

WOLFSON

27-8

26-6

25

Surface Owner Johnstown Milliken LLC WC Parcel #105927000017

North Section Line

Fence

27

Receiver Site 90-6" Pipeline

50'x60' Temporary Easement During Construction CL. 20' Wide Side Access Easement

26

20 49

20'x30' Permanent Easement for Radio Tower Site 100' elevation

MARTINEZ

Not Drawn to Scale

9

GOLLNER

27-32

HSR-SHARKEY

27-41

11-26

W

Surface Owner Platte Trust PLATTE 23-26 #105926300037

PLATTE WC 19-26Parcel MARTINEZ 2 MARTINEZ -16

SC MARTINEZ

27-33

27-34

GOLLNER 27-43

GOLLNER

HSR-SHARKEY

27-44

14-26

PLATTE 28-35

This aerial photo and all notations and depictions thereon are provided as a courtesy and are 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.

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

Wildcat Bluffs Radio Tower GREEN ST

LILAC ST

CR 46

ALICE AV

CR 21

CR 17

JUNEBERRY ST

GREEN ST MARJORIE AV

HOLLY ST

IRENE AV

CR 46.5

CR 46

FAIRACRES LN

RANCHER DR

CR 42 CR 23 CR 21

CR 19

BOBCAT DR

CR 44

CR 44

SITE LOCATION

CR 42

X

CR 40

CR

CR 23

CR 40

CR 19

CR 19

CR 40

.5 40

SITE LOCATION

CR 21

CR 21

CR 23

CR 23

AERIAL

CR 42 CR 42

CR 23

CR 19

CR 19

CR 40

CR 23

CR 40

Open Space Area Zone CD/Conservation CR 38

R-1 CR 38

Preservation Area

A

Mixed Use

36

FUTURE LAND USE

CR 36.5

PUD

.5

CR

.5

Low Density Residential

CR 19

CR 36.5

CD CR 19

Estate Residential

ZONING

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