HomeMy WebLinkAbout2.0 BOCC Staff Report 12.10.2007( (
Exhibits for Public Hearing held on December 10, 2007 for a Communications
Facility (SUP) for
Tower 2 (Puckett Land Company): NW % SW % of Section 23, T6S, R97W
Tower 1 (Chevron USA): NE % SE % Section 13, T6S, R97W
Tower 4 (Chevron USA}: SE % SW % Section 1, T6S, R97W
Tower 6 (Berry Petroleum): SE * SW * Section 32, TSS, R96W
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A Mail Receipts
B Proof of Publication
c Garfield County Zoning Resolution of 1978, as amended
D Garfield County Comprehensive Plan of 2000
E Staff Memorandum
F Applications submitted by Marathon Oil Company for Chevron USA, Inc, . Berry Petroleum Company , and Puckett Land Compan y
G Email from County Vegetation Manager dated 12/02/07
H Letter from the Town of Parachute dated 11/21/07
I Letter from Mountain Cross Engineering dated 11/29/07
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BOCC 12/10/07
FJ
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
LANDOWNERS
APPLICANT
REPRESENTATIVE
EXISTING ZONING
SUROUNDING ZONING
Special Use Permit for a "Communications
Facility"
Berry Petroleum Company,
Chevron USA, Inc, and
Puckett Land Company
Marathon Oil Company
Cordilleran Compliance Services (Doug
Dennison)
Resources Lands (Plateau)
AL (Plateau) I Open Space (BLM)
I. REQUEST •.
The Applicant (Marathon Oil Company} requests the BOCC approve Special Use Permits
for four (4) "Communications Facilities" where two are to be located on land owned by
Chevron USA, Inc, one on land owned by Berry Petroleum Company, and one on land
owned by Puckett Land Company. The County Zoning Resolution of 1978, as amended,
defines a Communication Facility in Section 2.02.155 as follows:
A non-inhabitable structure supporting antennas and microwave dishes that
sends and/or receives radio frequency signals, including television and date
impulses through space by means of electromagnetic waves. Communication
facilities include structures or towers, and accessory building, not including
individuaUpersonal direct-to-home satellite services.
~..__ .;, II. DESCRIPTION OF THE PROPOSAL FOR BERRY PETROLEUM
The proposed facility (Tower 6) is located approximately 8.5 miles NW of the Town of
Parachute at an elevation of approximately 8,300 feet (Figure 1). The facility will be
accessed via Garfield County Road 215 north of the Town of Parachute and then via a
series of private roads. The relatively remote nature of Marathon's operations
necessitates the construction of this facility so that communications for construction 1
communication for emergencies and communications with producing wells and field
operations can occur. The installation of this facility will minimize the need for routine
traffic to producing wells to monitor production and provide communications with
personnel in the field thereby significantly reducing traffic and increasing the safety of
Marathon's operations.
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Ill. DESCRIPTION OF THE PROPOSAL FOR CHEVRON USA. Inc
The proposed facilities (Towers 1 and 4) are located between approximately 7.5 and 9
miles NW of the Town of Parachute at elevations of approximately 8,300 feet (Figure 1).
The facilities will be accessed via Garfield County Road 215 north of the Town of
Parachute and then via a series of private roads. The relatively remote nature of
Marathon's operations necessitates · the construction of these facilities so that
communications for construction, communication for emergencies and communications
with producing wells and field operations can occur. The installation of these faciltties
will minimize t _he need for routine traffic to producing wells to monitor production and
provide communications with personnel in the field thereby significantly reducing traffic
and increasing the safety of Marathon's operations.
IV. DESCRIPTION OF THE PROPOSAL FOR PUCKETT LAND COMPANY
The proposed facility (Tower 2) is located approximately 8.5 NW of the Town of
Parachute at an elevation of approximately 8,600 feet (Figure 1). The facility will be
accessed via Garfield County Road 215 north of the Town of Parachute and then via a
series of private roads. The relatively remote nature of Marathon's operations
necessitates the construction of this facility so that communications for construction,
communication for emergencies and communications with producing wells and field
operations can occur. The installation of this facility will minimize the need for routine
traffic to producing wells to monitor production and provide communications with
personnel in the field thereby significantly reducing traffic and increasing the safety of
Marathon's operations.
V. REFERRALS
Staff referred the application out to the following review agencies and or County
Departments:
a. Town of Parachute
The abov~ referral was rece~ve~ by the Town of Parachute regarding development in the Parachute
area. This development wd1 mcrease traffic on the already over1oaded County Road 215 with
access off of Highway 6 & 24 and Interstate 70. This is already a very high traffic area and the
Town of Parachute is very concerned with the safety of aJl of the people that are driving in these
areas especially in early morning and late evening.
Is the County requiring n access permit or collecting any impact fees? Will there be any funding
for traffic control or road improvements? These are things the Town feels should be addressed.
b. Bureau of Land Management: No comments received.
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c. Garfield County Vegetation Management:
The submitted plan as it pertains lo noxious weeds and reclamation js acceptable. Staff requests that the
applicant include this communication site in a weed management program that will provide for annual
monitoring and treatment of Garfield County listed noxious weeds.
d. Garfield County Oil & Gas Auditor: No comments received.
e. Mountain Cross Engineering:
A review has been pcrfonned of the documents for the Special Use Permit application submittals by
Marathon Oil for Communication Towers of the Berry Petroleum Company, Chc\Ton USA, Inc .and
Puckett Land Company. The submittals were found to be thorough and well organized. The
following comments, questions. or concerns were generated:
l. Arc there any safety measures that need to be implemented concerning fire hazard with the
themmelectric gcnemtors that arc proposed? and,
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2. A condition of approval should allow for cooperative use by others of these communication
towers to avoid the proliferation o f communication towers .
VI. SITE LOCATION
The locations of the facilities are as follows as well as depicted on the map on the following
page. Generally, they are up on the plateau at about 8,300 feet approximately 8.5 miles
NW of the Town of Parachute.
Tower 2 (Puckett Land Company): NW 1A SW 1A of Section 23, T6S, R97W
Tower 1 (Chevron USA): NE 1A SE 1A Section 13, T6S, R97W
Tower 4 (Chevron USA): SE 1A SW 1A Section 1, T6S, R97W
Tower 6 (Berry Petroleum): SE 1A SW 1A Section 32, TSS, R96W
Additionally, ownership maps are provided in each Application that shows the boundaries
and location of each facility.
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VII. SITE LOCATION
OMPREHENSIVE PLAN
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The property lies within Study Area 3 and is designated on the proposed land use map as
outlying residential. Due to their remote location, the proposed facilities are not located in
any defined visual corridor or any urban areas of influence as mapped in the plan.
IX. REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In
addition, the proposed use shall also be required to address the standards fro a
communications facility found in Section 5.03.13 of the Zoning Resolution. These review
standards are presented below followed by a response by Staff.
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A. Section 5.03 Review Standards
1) Utilities adequate to provide water and sanitation service based on
accepted engineering standards and approved by the Board of County
Commissioners shall either be in place or shall be constructed m
conjunction with the proposed use;
Staff Finding
The proposed facilities are unmanned, stand-alone structures which require no
utilities for providing water or a method for dealing with wastewater. Electrical power
will be provided by a thermoelectric generator by converting heat (powered by a
propane burner) through a thermo electric module into electricity. Mountain Cross
Engineering, on behalf of the County, raised the question of fire protection measures
for the thermoelectric generator.
2) Street improvements adequate to accommodate traffic volume generated
by the proposed use and to provide safe, convenient access to the use
shall either be in place or shall be constructed in conjunction with the
proposed use;
Staff Finding
The existing access to all three properties is via County Road 215 to Garden Gulch
Road (private) then onto other private road systems to the remote sites. Proposed
traffic generated to the sites (during construction) will be approximately 1 to 2 trips I
day to for approximately 2 to 3 weeks. Once the sites have been constructed, very
minimal trips would be required with a propane tank exchange every 6 months. Staff
finds this does not represent any measurable impact on the County road system.
The Town of Parachute commented that they are concerned with traffic generated
from this new used on CR 215 and its affect on the interchange to 1-70 and safety
issues regarding increase in traffic. Further, does the County collect impact fees for
this use? As you are aware, the County does not presently require impact fees for
this type of use; we do require over size I weight permits.
Ultimately, Staff the proposed use does reduce the overall traffic required to visit
Marathon's field operations by allowing remote monitoring to occur rather than to
send personnel.
3) Design of the proposed use is organized to minimize impact on and from
adjacent uses of land throug_h installation of screen fences or landscape
materials on the periphery of the lot and by location of intensively utilized
areas, access points, lighting and signs m such a manner as to protect
established neighborhood cfiaracter;
Staff Finding
The design of each facility will comprise of a 20' x 20' foot print that includes a 1 O' x
1 o• concrete foundation, 70-foot tall tower with minimal support components including
the thermoelectric generator, 500 gallon propane tank, and electric box. While these
facilities are 70-feet tall, there is no height limit on the plateau and the location of
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these facilities will not be visible from any residential use or public right-of-way and
are very remotely located. Staff finds these will not need to be screened .
B. Section 5.03.13 Review Standards: Communication Facilities
Such communication facility shall be approved by the FCC and the FAA, where
appropriate. In addition, the following standards will be used in the review application for
a communication facility:
1. All facilities shall comply with the radio frequency emission requirements
of the Federal Communications Commission (FCC) and any facility in
compliance cannot be denied.
Staff Finding
The Application contained no information that demonstrates that these facilities
comply with all FCC requirements ; however, this is a performance standard and has
to be met as a federal regulation regardless of local authority. Should the BOCC
approve the SUPs, Staff suggests this be a condition of approval.
2. The co-location of telecommunication facilities on one site is encouraged
and the denial of a landowner/ lessor of the co-location of a site shall be
based on technical reasons, not on competitive interests. It is the County's
policy to minimize the number of communication facilities by the
encouragement of co-locating such facilities.
Staff Finding
The Application contained no information that demonstrates that these proposed
sites are the only sites available and that co-location on other available sites is a
possibility. This standard has not been met.
X. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners approve the request for Special
Use Permits for a "Communications Facility" on the following properties with the following
conditions & findings:
Tower 2 (Puckett Land Company): NW 1A SW 1A of Section 23, T6S, R97W
Tower 1 (Chevron USA): NE 1A SE 1A Section 13, T6S, R97W
Tower 4 (Chevron USA): SE % SW 1A Section 1, T6S, R97W
Tower 6 (Berry Petroleum): SE% SW 1A Section 32, TSS, R96W
1 ) That all representations made by the Applicant in the application and as testimony in the
public hearing before the Board of County Commissioners shall be considered
conditions of approval, unless specifically altered by the Board of County
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Commissioners.
2) That the approval of such Communications Facilities is in the best interests of the
general health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County.
3) That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
4) That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
5) That the Communications Facilities comply with Sections 5.03, 5.03.13, and 9.0 of the
Zoning Resolution of 1978, as amended, if all conditions have been met.
n That no Special Use Permit shall be granted unless -the Applicant can demonstrate to
\..}I the BOGG that co-location is not available to them and that new individual facilities are
the only way to proceed. This shall need to be addressed at the hearing before the
BOGG.
7) That all colors used on the facilities shall not make the tower reflect light and blend in
with the surrounding vegetation.
;f":\That, due to the tall height (70-feet) of the approved towers, they shall be available for
( Vadditional users to co-locate on the tower so as to not proliferate communication towers
across the plateau. Prior to issuance of a Special Use Permit, the Applicant shall furnish
GPS location and an area that is served by each tower for the potential of future users.
9) Staff requests that the applicant include this communication site in a weed management
program that will provide for annual monitoring and treatment of Garfield County listed
noxious weeds. This plan I program shall be provided to the County prior to issuance of
any Special Use Permit.
1 O)The Applicant shall demonstrate that fire protection measures (Fire Protection &
Response Plan with a map and GPS coordinates for emergency response) are
incorporated into these facilities prior to the issuance of a Special Use Permit.
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MEMORANDUM
To: Fred Jarman
From: Steve Anthony
Re: Comments on the Marathon/Chevron Comm Towers (T6S R97W Secs. 1 & 13)
Date: Dec. 2, 2007
The submitted plan as it pertains to noxious weeds and reclamation is accepiable. Staff requests that the
applicant include this communication site in a weed management program that will provide for annual
monitoring and treatment of Garfield County listed noxious weeds.
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TOWN OF PARACHUTE
PO Box JOO
222 Grand Valley Way Parachute, CO 81635
Telephone: (970) 285-7630
FAX: (970) 285-9146
November 20, 2007
Garfield County Building & Planning Department
108 -8th Street, Suite 201
Glenwood Springs, CO 81601
RE: REFERRAL FORMS
Berry Petroleum Company
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NOV 2 l 2007
. Piceance Area Operations I Communication Towers
Special Use Permit
Mayor
RoyMcClung
The above referral was received by the Town of Parachute regarding development in the Parachute
area This development will increase traffic on the already overloaded County Road 215 with
access off of Highway 6 & 24 and Interstate 70. This is already a very high traffic area and the
Town of Parachute is very concerned with the safety of all of the people that are driving in these
areas especially in early morning and late evening.
Is the County requiring a access permit or collecting any impact fees? Will there be any funding
for traffic control or road improvements? These are things the Town feels should be addressed.
Respectfully,
RoyMcClung
Mayor
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November 29, 2007
Mr. Fred Jarman
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTl\IN CROSS
~N61N~~RIN6, INC.
RE: Review of Special Use Permit for Communication Towers by Marathon Oil: Berry
Petroleum, Chevron USA, and Puckett Land
Dear Fred:
A review has been performed of the documents for the Special Use Permit application submittals by
Marathon Oil for Communication Towers of the Berry Petroleum Company, Chevron USA, Inc. and
Puckett Land Company. The submittals were found to be thorough and well organized. The
following comments, questions, or concerns were generated:
1. Are there any safety measures that need to be implemented concerning fire hazard with the
thermoelectric generators that are proposed? and,
2. A condition of approval should allow for cooperative use by others of these communication
towers to avoid the proliferation of communication towers.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
826 1 /2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com
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TOWN OF PARACHUTE
PO Box JOO
222 Grand Valley Way Parachute, CO 81635
Telephone: (970) 285-7630
FAX: (970) 285-9146
November 20, 2007
Garfield County Building & Planning Department
108 -8th Street, Suite 201
Glenwood Springs, CO 81601
RE: REFERRAL FORMS
Chevron USA, Inc.
Piceance Area Operations I Communication Towers
Special Use Permit
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Mayor
RoyMcClung
The above referral was received by the Town of Parachute regarding development in the Parachute
area. This development will increase traffic on the already overloaded County Road 215 with
access off of Highway 6 & 24 and Interstate 70. This is already a very high traffic area and the
Town of Parachute is very concerned with the safety of all of the people that are driving in these
areas especially in early morning and late evening.
Is the County requiring a access permit or collecting any impact fees? Will there be any funding
for traffic control or road improvements? These are things the Town feels should be addressed.
Respectfully,
RoyMcClung
Mayor