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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.06.2006E xhibits (12/18/06) Exhibit Exhibit Letter (A to Z l - -- A B c D E F Proof of Mail Receipts Proof of Publication Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) Staff Memorandum A pplication Memo from the County Vegetation Managemen4 Steve Anthony dated 12/11/2006 ~ //0 c.-t'd (k,d tf:. Iv c; (3-o_J , BOCC -11/6/06 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT/PROPERTY OWNER: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. BACKGROUND Referral of Special Use Permit (•SUP") The Applicant requests a SUP for a "Communication Facility" in the RL zone district Chevron USA, Inc. 1. SWSW/4 of Section 10 TSS, R98W 2. SWSW/4 of Section 27 TSS, R98W 3. SESW/4 of Section 2 TSS, R98W 4 . SWNW/4 of Section 16 TSS, R97W Generally described as a tract of land approximately 20 miles north of the Town of Debeque at the end of CR 211 . 115,000 acre Each of the towers will be accessed by private drive off CR 211 . RL (Resource Lands) OS (Open Space) The applicant is proposing to construct a four (4), thirty (30) foot-tall communication towers for voice and data transfers from the field to the Chevron office in Grand Junction. The sites are on a 115,000 acre parcel which is already used by the applicant for resource extraction operations. The towers are proposed to be located on a 10'X10' concrete or compacted gravel pad and will have a self contained electrical supply. These facilities are proposed to be unmanned with no guy wiring or exterior lighting. The predicted life expectancy is thirty years. II. REQUEST The application is for four communication facilities, which are a special use in the RL zoning district. Ill. AUTHORITY Section 9.03.04 of the Zoning Resolution of 1978. as amended requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary. IV. STAFF RECOMMENDATION Staff recommends the Board direct Staff to schedule a public hearing directly before the Board of County Commissioners. Chevron USA Inc., Special Use Permit BOCC -1116106 Page2 I . I . I I } ----. I . . . . . l . I . ! . . I . I . . +------..:Z Bureau of Landl.l.-d::.;::I:;pa~R";Rft-·.__1-:-r. Management . ! . -;----•--'---' . ·r----~-·--- l :-1 ~~s~-h. UNTY .. ·-·= · =--·""""--... . I .. J . . l . I . I . • ! • j . -s96w-+-· · · · . 1 . I . I . ---OS95W- _ __:___.!_lr .· .· · J · ! . I r--·- 1. I BOCC 12/18/06 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT/PROPERTY OWNER: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING: I. DESCRIPTION OF THE PROPOSAL Referral of Special Use Permit ("SUP•) The Applicant requests a SUP for a "Communication Facility" in the RL zone district Chevron USA, Inc. 1. SWSW/4 of Section 10 T6S, R98W 2. SWSW/4 of Section 27 T6S, R98W 3. SESW/4 of Section 2 T6S, R98W 4. SWNW/4 of Section 16 TSS, R97W Generally described as a tract of land approximately 20 miles north of the Town of Debeque at the end of CR 211. 115,000 acre Each of the towers will be accessed by private drive off CR 211 . RL (Resource Lands) OS (Open Space) The applicant is proposing to construct four (4), thirty (30) foot-tall communication towers for voice and data transfers from the field to the Chevron office in Grand Junction. The sites are on a 115,000 acre parcel which is already used by the applicant for resource extraction operations. The towers are proposed to be located on a 10'X10' concrete or compacted gravel pad and will have a self contained electrical supply. These facilities are proposed to be unmanned with no guy wiring or exterior lighting. These unmanned communication towers are proposed to have a self contained electrical supply using solar panels and ground mounted batteries. The applicant states that 9the towers are to be utilized for the life of Chevron's Skinner Ridge Field which is expected to last at least thirty years.· Vehicles accessing the sites are anticipated to be periodic and limited to repair and maintenance personnel. No other buildings other than the communication structures are proposed. As these facilities are to be self contained without any human habitation or utilities, no water or wastewater facilities are proposed. To this end, water pollution and storm water management are not anticipated to be issues with this development. 11. BACKGROUND Referral to Planning Commission Chevron Communication Facilities BOCC -12118106 Page2 This application was brought to the BOCC regarding referral to the Planning Commission on November 6, 2006. The BOCC elected not to refer this application to the Planning Commission. Ill. SITE DESCRIPTION The four communication towers are proposed to be on a 115,000 acre parcel owned by Chevron USA Inc. and located approximately 20 miles north of the Town of Debeque on County Road 211 . The area is primarily utilized for grazing and oil and gas extraction operations. -7699W . 1 1- . \ : MESA COUNTY . I 9S99W 9S98W OrendJ !3 l'OWERS . I 'I 6S96W / • 9SOOW IV. ZONING & ADJACENT USES Che vron Communication Facilities BOCC -12118106 Page3 The subject property is zoned Resource Lands (RL). The type of use requested falls under the definition of "Communication Facilities• which are contemplated as special uses in the RL zone district. The surrounding land uses are primarily oil and gas extraction operations as well as livestock grazing. V. AUTHORITY & APPLICABILITY Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. VI. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies I community groups and are integrated throughout this memorandum as applicable. 1. Town of DeBeaue: No Response. 2. Garfield County Sherriff: No Response. 3. Garfield County Vegetation Management: 1) Include all 4 towers in weed management program that will provide for annual monitoring and treatment of Garfield County listed noxious weeds. 2) Provide a site rehabilitation plan that details the removal of equipment and associated infrastructure. 3) Provide a reclamation plan that outlines revegetation of the site and associated roads once the facilities are no longer in use. Chevron Communication Facilities BOCC -12118106 Page4 4) Provide a quantification of the surface area to be disturbed. 5) Recommended revegetation security of $4000 per acre of disturbance. 6) Provide a soil management plan which includes: a. Provisions for salvaging on-site topsoil b . A timetable for eliminating topsoil and/or aggregate piles c. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more 4. Garfield County Attorney: No Response. VII. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 1. UUlitles adequate to provide water and san/taUon service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response The proposed Communication Towers are considered to be unmanned facilities. As an unmanned operation, the facilities require no water or sanitation services. 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. Response The application states that trips to and from the communication towers will be limited to periodic maintenance and repair. As there will not be frequent visits to these facilities, staff feels that the proposed access roads will be adequate to handle the vehicle trips. In addition, all access roads will be on Chevron USA Inc. property and no new access points will be necessary from any county right- of-way. 3. Design of the proposed use Is organized to minimize Impact on and from adjacent uses of land through installation of scteen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, llghUng and signs in such a manner as to protect established neighborhood character. Response The applicant states that three of the four towers will not be visible from any public vantage point and will not impact adjacent properties. One of the towers is located approximately 100 feet from the end of County Road 211 and will be visible from the end of this public county road. In addition, it will be 115 feet from the Shell Frontier property. As these towers are only 30 feet tall and will be self~ contained, staff does not feel that the visibility of this tower is a substantial extemality of this Che vron Communication Facilities BOCC -12118106 Page5 development and does not foresee any further impacts on either the public or adjacent property owners. SecUon 5.03.13 [Broadcasting Studio and/or Communication FaciliM Pursuant to Section 5.03.13 of the Zoning Resolution, a permit for Communication Facilities requires that such facilities be approved by the Federal Communication Commission and the Federal Aviation Administration, where appropriate. In addition the following standards will be used in the review of application for a communication facility : (1) All facil/Ues shall comply with the radio frequency emission requirements of the Federal CommunicaUon Commission and any faclllty in compliance cannot be denied. Response The applicant states that "the transmission and receiving equipment and antennas for the proposed use will comply with the Federal Communication Commission regulations for the class of equipment and frequency emissions.• Staff suggests conditioning approval of this permit on written confirmation that these facilities are within the guidelines of the Federal Communication Commission. (2) The co-location of telecommunication facilities on one site is encouraged and the denial of a landownerRessor of the co-locaUon 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. Response The applicant states that "whenever possible, Chevron will co-locate communications facilities at existing sites. However, for the proposed use there are no other suitable facilities that would provide the service that Chevron needs for its operations." Given the remoteness of this parcel, staff does not see that co-location is an option in this location. However, staff recommends placing a condition of approval that these towers shall be available for co-location of other equipment should it be IC\IER SECTION A-A '='===tf?"'=ff'~ g~;~ ~~z~AOIO VANlztl) t/10.05UA 2.i·.9· OED' •11< 1-;N(l eao Dlltl!NCT ~AOIO (1 WATT. DOOMHI) 1-MA~ SOI.All HY8Rlll QtAAC£ VOi. TACI: CONmOUDI (2D AMP. 12·24 l/IJC) POLY PHAZIRS rOll UCHl><NC PROTtCnCH COMMUNICATION TO'llOI MIO S£CllON 10' ROHN 45 CAI. VAHlztD CNCl.OSURt 4-0£IJ' C'IQ.E BATTDllCS technically feasible. Chevron Communication Facilities BOCC-12118106 Page6 (3) A freestanding telecommunication facility, including antennas, shall not exceed the maximum structure height in the applicable zone district unless an exception Is approved by the Board based on the applicant demonstrating the following: (a) Use of existing land forms, vegetation and structures to aid In screening the facility from view or blending In with the surrounding built natural environment (b) Design, materials and colors of antennas and their support structures, shall be compatible with the surrounding environment, and monopole support structures shall taper from the base to the tip. (c) It is consistent with existing communication facilities on the same site. Response The four towers are proposed to each be 30 feet high. There is no structural height limit in the Resource Lands Zone District. Section 9.03.05 [Periodic Review of SUPl Pursuant to section 9.03.05 of the Zoning Resolution : Any Special Use Penn/ts may be made subject to a periodic review not less than evmy six (6) months if required by the County Commissioners. The purpose of such review shall be to detennine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall Indicate that such a review Is required and shall establish the time periods at the time of Issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation Into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. VIII. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting 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. 3 . The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. Chevron Communication Facilities BOCC-12118106 Page 7 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:13, and 9:03) the Garfield County Zoning Resolution of 1978, as amended. IX. STAFF RECOMMENDATION Due to the limited nature of potential impacts to surrounding properties, Staff recommends the Board approve the request for a Special Use Permit for Four Communication Facilities in the Skinner Ridge area with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board . 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility. 4. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the County Vegetation Manager for approval prior to the issuance of a Special Use Permit. a. The Applicant shall provide a calculation and map indicating the amount of surface to be disturbed by the construction and operation of the four (4) proposed communication facilities. b. The Applicant shall provide Garfield County with a $4000 per acre revegetation security based on a 10-15 year timeframe. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the Applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. c. The Applicant shall provide a site rehabilitation plan that details the removal of equipment and associated infrastructure. The plan shall provide for revegetation of the site and associated roads once the facility is no longer In use. d. The Applicant shall provide a Soil Management Plan which is to include provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles, and a plan that provides for soil cover if any disturbances or stockpiles will site exposed for a period of 90 days or more. Chevron Communication Facilities BOCC-12118106 Page8 5. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. 6 . If applicable, the Applicant shall provide a copy of the appropriate bond supplied to the Colorado Oil and Gas Conservation Commission (COGCC) intended to guarantee reclamation of the Communication Facility sites once the life of the Communication Facilities has ended prior to the issuance of a Special Use Permit. If the COGCC does not require reclamation and revegetation bonding, the applicant shall work with County Staff to establish a bond appropriate to guarantee reclamation and revegetation of the four (4) Communication Facilities. 7. That all proper building permits are obtained for the structures associated with the operation of the Communication Facilities. 8. Written confirmation from the Federal Communication Commission indicating that these facilities are within all specified federal guidelines. This confirmation shall be submitted prior to the issuance of the Special Use Permit. 9. The communication facilities must be available for future co-location and the denial of a landowner/lessor co-location on a site shall be based on technical reasons, not on competitive interests. 5. RECOMMENDED MOTION "I move to approve a Special Use Permit for four {4) communication facilities for Chevron USA Inc. with the conditions provided by Staff." .... -~-EXHIBIT MEMORANDUM I F ______ ...;...;'-_.;;;;-' To: Dave Pesnichak From: Steve Anthony Re: Comments on the Chevron Communication Towers SUP Date: December 11, 2006 Noxious weeds Staff requests that the applicant include all four communication sites in a weed management program that will provide for annual monitoring and treabnent of Garfield County listed noxious weeds. Site rehabilitation and reclamation The applicant shall provide a site rehabilitation plan that details the removal of equipment and associated infrastructure. The applicant shall provide a reclamation plan that provides for revegetation of the site and roads once the facility is no longer in use. It is requested that the applicant provide a quantification of the surface area to be disturbed and subsequently reseeded. Once this figure is established, a revegetation security in the amount of $4000 per acre is recommended. This is a higher figure than the standard $2500 per acre because the reclamation work may be 10· 15 years in the future. The security shall be held by Garfield County until vegetation hes been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. Soll Plan The Revegetation Guidelines also request that the applicant provide a SoiJ Management Plan that includes: Provisions for salvaging on·site topsoil. - A timetable for eliminating topsoil and/or aggregate piles. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more.