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Home My WebLink About2.0 BOCC Staff Report 01.07.2008I Exhibits Oldland Communication Facility (0 I /07108 ) Exhibit Letter (Ato Zl Exhibit A Proofof Mail Receipts B Proof of Publication C Garfield Coun8 ZnnneResolution of 1978, as amended D StaffMemorandum E Application F Email from Deanna Walker, Conoco Philips, datedl2l2 t2007 G Email from Steve Anthony, GarCo Vegetation Managem :nL dated 1212112007 H Memo from Jake Mall, Garco Road and Bridge Deparfir ent, dated 1211012007 I Letter from the Town of Parachute, dated December l8u 2007 J Email from Linda Jones, BLM, dated January f ,2008 REQUEST APPLICANT / OWNER REPRESENTIATIVE LOCATION SITE DATA EXISTING ZONING PACEL NO. BOCC 0110712008 CR Special Use Permit -unication Facility Reuben and Stephanie Oldland Deanna Walker, Conoco Philips North of the Town of Parachute, CO (19miles) 2,500 square feet (operation area) Resource Lands - Plateau 1 91 529400002 1Fropos*d Faciiity 1(^* / -1- BOCC 0110712008 CR I REQUEST The Applicant is requesting that the Board of County Commissioners (the Board) approve a Special Use Permit to allow the construction and operation of Communication Facility. The proposed Communication Facility will consist of one (1) tower (1O0-feet tall), an equipment building (8ft x 20ft), a solar afiay electric source (primary source), backup propane generator and a SO0-gallon steel propane tank. II REFERRALS Town of Parachute: No Comments Received Rio Blanco Countv Plannino Department: No Comments Received Bureau of Land Manaqement: No Comments Received Garfield Countv Road and Bridqe: Exhibit H Gartield Count:t Veqetation: Exhibit G III $ 5.03 Review Standards 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 in conjunction with the proposed use; Staff Findinq The proposed use will not require water or sanitation services. As represented, electricity will be provided via a 16ft x 4ft solar array. A fifty (50) horsepower propane generator will service as a secondary source of power. Street lmprovements 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 Findinq The proposed facility will be accessed via Rio Blanco County Road No. 5. Staff referred the application to Rio Blanco County. No comments were received in regards to this application. Garfield County Road and Bridge Department reviewed the application material and finds the proposed facility will not impact Gaffield County infrastructure. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through 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 in such a manner as to protect established neighborhood character; Staff Findinq The proposed facility will be situated in a remote portion of GarJield County. The Applicant represents that the nearest residence is approximately eight (8) away. Lighting will not be utilized at the proposed facility. Staff finds that the proposed facility will not impact the established neighborhood character. a BOCC 01/0712008 CR IV 55.03.13 Broad Castinq Studio and/or Communication Facilitv (1) All facilities shall comply with the radio frequency emission requirements of the Federal Communication Commission and any facility in compliance cannot be denied. Staff Findinq Staff has included a recommended condition of approval requiring compliance with all Federal, State and Local regulations applicable to the operation of the proposed facility. The applicant has represented that the Federal Communication Commission will be provided with a "Notice of Construction". (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, lt is the County's policy to minimize the number of communication facilities by the encouragement of co-locating such facilities. Staff Findinq The Applicant represents that co-location was considered. Their research indicated that one (1) 30'-40' tall communication tower exists in the immediate vicinity of Conoco Phillips Company's proposed facility location. Due to interference and the significant amount of equipment, height and location the existing facility is not adequate for the Applicant's needs. (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) lt is consistent with existing communication facilities on the same site. Staff Findinq The height of the proposed communication facility is one hundred (100) feet. Resource Land Zone District only identifies a maximum height requirement for residential Structures. The proposed Communication Facility is situated in a remote portion of Garfield County. Staff finds that the natural topography provides adequate screening for the proposed facility. -3- BOCC 01/07/2008 CR V SUGGESTED FINDINGS 1.) That proper public notice was provided as required for the hearing before the Board of County Commissioners; 2.) That the hearing before the Board of County Commissioners was extensive and complete and that all interested pafties were heard at that meeting; 3.) The Application is in conformance with $5.03 and 5.03.13 of the Gar{ield County Zoning Resolution of 1978, as amended; 4.) That for the above stated and other reason, the proposed Special Use Permit is in the best interest of the health, safety and welfare of the citizens of Garfield County; VI STAFF RECOMMENDATION Staff recommends approval of the proposed Special Use Permit allowing a "Communication Facility" on a property owned by Reuben and Stephanie Oldland with the following conditions: 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 conditions of approval, unless specifically altered by the Board of County Commissioners; 2) The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3) The communication facility shall be available for future co-location and the denial of a requested co-location shall be based on technical reasons, not on competitive interests; -4- Page 1 of2 Craig Richardson From: Walker, Deanna J [Deanna.J.Walker@conocophillips.com] Sent: Friday, December 21,2007 7:37 AM To: Craig Richardson Cc: David_Willett@urscorp.com Subject: ConocoPhillipsCompany'sMesaCommunicationFacility Attachments: Public Notice Sign 001 .1 12907.jp9; BLM Notice Letter.GC Communication Tower.120507.doc; EnCana Notice Letter.GC Communication Tower.120507.doc; Oldland Notice Letter.GC Communication Tower.120507.doc; EnCana.Linster.Mailing Certif icate.120507.pdf ; Landowner Certified Mail Postmarked Receipts.120507.pdf; Notice Green Cards.EnOana.pdf; Proof of Publication.Public Newspaper Notice.pdf Craig, following is information documenting our conclusion that co-location of ConocoPhillips Company's communication equipment on an existing tower is not feasible: o Our research indicated there is only one 30-40' high communication tower in the immediate vicinity of ConocoPhillips Company's proposed tower location. This tower already has a significant amount of equipment on it. As well the location and tower height are nol a good fit for our project needs. o Due to intefference and antenna spacing issues, it's necessary to place our equipment on a separate tower in our proposed location. o ConocoPhillips Company's equipment will operate at very close frequencies of 902-928MH2,928 and 952MHz, and 450MHz, with the 450's second harmonic being 900MHz. Since the frequencies are very close to one another, the equipment requires proper verlical antenna spacing. o ln addition to this equipment requiring proper vertical spacing, a 4' 5.8GHz dish will be installed for the backhaul system. o Additionally low power (1watt) 900 MHz.system equipment will be placed on the tower for an in-vehicle networking solution. Reliable coverage for this system is only a few miles and is limited. Since the elevations of the terrain of our production field to be covered by this in-vehicle monitoring equipment vary significantly and the terrain is not flat, the tower must be located in the central portion of ConocoPhillips Company's production f ield. o Other equipment will be installed on the tower for a 5 watt 900MHz well control system. Once again reliable coverage for this system is only a few miles and is limited. Thus, due to the elevation changes and terrain, this equipmenl must be installed on a tower located in the central portion of ConocoPhiliips Company's lease acreage and production field. o All equipment on ConocoPhillips Company's tower will utilize 60' of the proposed 100' tower with a substantial load being placed on it. o The proposed tower location is in the middle of ConocoPhillips Company's lease acreage and production field. o The proposed tower must be located at a high point for proper operation o{ the equipment. Also, increased elevation for location of the tower decreases the required tower height. Our proposed 100' tower will be located on of the highest points in the center of our production field. o Tower placement is critical for ConocoPhillips Company's operations and communications. o The proposed tower is located very near to an existing well pad, which minimizes surface disturbance and requires minimal new access roads. Craig, please let me know as soon as possible if you need additional information or i{ you believe the above information is insufficient for approval of ConocoPhillips Company's Special Use Permit application by the Board of Counly Commissioners. Also, attached is the following documentation that ConocoPhillips Company provided the required public notices and notices to adjacent landowners and mineral owners of the scheduJed A1/A712008 hearing before the Board of County Commissioners: Exxlsr F 12/26t2007 Page 2 of 2 to the a a Photo of Public Notice Sign posted on the Garfield County Road public right of way nearest proposed communication tower site. Letters to landowners and certified mail return receipts^ Proof of publication in newspaper. Please let me know if anything furlher is needed for proof that all public notices and landowner notifications were properly completed. Thanks, Craig. Merry Christmasl Deonnq J. Wolker ConocoPhi llips Compony Property Tax, Reol Estote, Right of Woy ond Cloims (PTRRC) P.O. Box 105 Livermore,Colorodo 80536 Phone 97Q.498.9677 : F ox 97O.498.9687 : E-moil Deonna.J.Wolker@conocophillips.com THE ABOVE MESSAGE IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE NOTIFY ME IMMEDIATELY AT CONOCOPHILLIPS COMPANY'S EXPENSE. MEMORANDUM To: Craig Richardson From: Steve Anthony Re: Comments on the Mesa Comm Tower for Conoco Phillips (Oldland) Date: Dec.2l,20O7 The submitted plan as it pertains to noxious weeds and reclamation is 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. EXHIBIT G GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: December 5,2007 Comments Due: December 2612007 Name of application: Oldland, Ruben G. & Stephanie D. Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfleld County Building & Planning Staffs contact: Craig Richardson 109 8'h Sreet, Suite:Ot Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridee Depafiment has no objections to this application with the following comments. As this location is accessed via Rio Blanco County road 5 there is no impact to the Garfield Countv road svstem. Name of review agency : Garfield Countv Road and Bridee Deot : Jake B. Mall Date December 10.2007 exxtelT !0ot By Revised 3/30/00 TOWN OF PARACHATE PO Box 100 222 Grand Valley Way Parachute, CO 81635 Telephone: (970)285-7630FAX: (970) 28s-9t46 December 18,2007 Garfield County Building & Planning Department 108 - 8'n Street. Suite 201 Glenwood Springs, CO 81601 RE: REFERRAL FORiliS fur /M-a n ^-- I r^/11-----r\u] .rvlu\-rurrB Mavor *.sYIK,%a ms Mayor Roy McClung Mesa Communication Tower Facility for Conoco Phitlips Special Use Permit Oldland, Rueben G. & Stephanie D. The above referral was received by the Town of Parachute regarding development in the Parachute area. This development will be access by the I-70 Interchange and C.R. 215, as stated in previous letters, areas that are already overloaded with traffic. After construction the traffic will lighten from this project but C.R. 215 andthe I-70 interchange will still remain congested. The Town of Parachute Board of Trustees would like to know if any road impact fees are being collected and if they are is any thing being set aside from these developments to help with road improvements and construction for another interchange in this area. Respectfully, ExHtstr L 2007 Crai Richardson From: Sent: To: Cc: Subject: Linda_Jones @ blm.gov Monday, January 07,2008 1 0:37 AM Craig Richardson Deanna.J.Walker@ conocophillips.com ConocoPhillips Special Use application Dear Mr. Richardson, We have received notification from Conoco-Phillips Company concerningtheir Land Use Application to Garfield County for the Mesa Communication Tower Facility. The facility will be located on private lands but access to the locationfrom Rio Blanco County Road 5 wiLL cross public lands administered bythe BLM. ConocoPhillips currently holds an existing right-of-way (ROw)for this access and would remain 1iable for the stipulations andconditions of t.hat ROw grant. The developer should also be aware of thefederally retained minerals (sp1it estate) at this location which couLdimpact the project. If you have other guestions or information concerning this matter,please contact Linda Jones, White River Field Office Real-ty Specialist. Thank you for the opporEunity to comment. Linda .fones Linda L. Jones RealEy Specialist White River Field Office 22O EasL Market St. Meeker CO 81641 1 inda_j ones@co . b1m. gov phone-97O-878-3851 fax-970-878-3805 J ,nii,fin..f,#3i,i?;53.iy,!*ffi+Hfti fi3To"", cRoqE e"o*,rc7i27ot HZ 7200:-42238 usD 4oo.oo o'oo F;ifi;;i ln Fuft for Non-Refunda.ble Land use Appllcatlon Base Fee for boio.opfrflllps Compang's Speclal Use Permlt }pplfcatfon for the Mesa i;;;.-F;;iitiu tn Seciton '33, T4s,, R96w, 6th- P.M. , Garfleld countg, 000026 246098 NET 400 - oo Communlcatlon co. PAYEE NUMBEH C}IECK DATE CHECK NO CHECK AiVIOUNT 25777 7Ol 75/2OO7 00644544 4OO ' OO ir go, have questlons iuoi:t thls check, call- (gre)661-5746 or ldgon to https : / /vLs. conocophllIlps. com. ocT 2 4 2007 '17-15750 N. 11'05 Deutsche Bank Trust Compang Delaware 25777 PAY TO THE ORDER OF ConocoPhlIIlps CompangHouston, TX 1011512007 00644544 EXACTLY ****4OO Us Do]lars and 00 62-381311 Check No: 00644544 tr....r.400.00r Cents**** GARFIELD COUNTY TREASURERP.O. BOX 1069 GLENWOOD SPRTNGS, CO 81602-1069 q Treasurer O05lBOElrr'1.00El,l.5t l.rr. r:OI I I00lBOt! 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Bureau of Reciamarion - V,'esrem Coiorado .,uc: llii;e US Corps oiEngrnesrs Garfield Counrl, Oil and Gas Auditor (Doug Denniscn; bot\- \/ 1\ou REFNRRA.L FORM Garfield County Building and Planning Department 108 8th Sffeet, Suite 401, Glenwood Springs, CO 81601 Pts"r,, December 5, 2ool Return Requested: December 26, 2007 File Name(s) Oldland, Rueben G. & Stephanie D.Mesa Communication Tower Facility for Conoco Philli Special Use Permit Phone: (970) 945-8212Staff Planner: Craig Richardson (crichardson@ garfield-county.com) Applicant: Rueben & Stephanie Oldland Phone: (910) 878-4111 Contact Person: Deanna Walker, Conoco Phillips Company Phone: (910) 498-9671 Location: SW quarter of Section 33, Township 4 South, Range 96West. of Request: Request is to allow for a Communication Tower Facility. (970) 945-82l2Fax: (970) 384-3410 The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Wednesdav. December 26. 2007. GARFIELD COUNTY Schonl nis Engineering Review Road & Bridge Counw Attomev Vegetation Manager Countv Sheritls Dept. COLORADO STATE Water R Geolosical Survev (Fee) Health DeDartment Forest Service (Fee) Wildlife Division SERVICE DISTRICT I S West Public Service Holy Cross Electric C.S./Carbondale Fire District Silt/l.,lew Castle/Rifle Fire District Soil Conservation District Planning Commission BOCC