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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.04.2008BOCC 08/04/08 DD PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT LOCATION SITE INFORMATION EXISTING ZONING I ADJACENT ZONING I. DESCRIPTION OF THE PROPOSAL Special Use Permit for "Processing and Material Handling of Natural Resources" for extension of a communications tower that is part of an operation for natural gas extraction. Chevron USA, Inc The subject property is located approximately one-half mile from the end of CR 211, northwest of Debeque 2 .2 acres of approxi mately 54 ,000 acres Resource Lands (Gentle Slopes and Lower Valley Floor) The Building & Planning Department received a Speci al Use Permit (SUP) application to modify an ex isting communications facility (originally permitted in 2007) that enables communications to operations in Grand Junction from an unma nned location . The proposal is to increase the height of a previously permitted communications tower and to construct an additional shed for commun ications-related equipment. "Processing and Material Handling of Natural Resource" i s the category under which the application for a revised communication system to support natural gas production operations is processed . The ex isting tower proposed to be modified is located on a 2 .2 a c re portion of a 54 ,000- acre property owned by Chevron USA, Inc. The site is located at the end of County Road 211 , north of D ebeque. The Applicant requests approval from the Board for ex pansion of a Revised Communications Chevron USA Communications Tower Extens ion Hin er Gale BOC C -0810412008 Page 2 system that includes increasing the height of an existing communications tower from 30' to 50' and the construction of a small accessory shed 1 O' by 12' for related communications equipment the proposed facility will make use of an existing site. II. BACKGROUND The current facility is permitted under Resolutions 2007-84 (site) and 2007-47 (tower). It is felt that the 50' tower will give better transmission quality to the management location in Grand Junction , and require fewer trips by personnel to the site. Referral to Planning Commission Staff brought the application to the attention of the BOCC to determine if a referral to the Planning Commission was necessary. The BOCC did not refer the application to the Planning Commission due to 1) the limited nature of potential impacts to surrounding properties , 2) the remote location of the property such that it is situated at the end of a dead-end county road which is used primarily for industrial traffic serving the existing industrial uses in the area with very limited general population traffic, 3) the fact that the site itself will be situated in an industrial area already characterized by intense industrial activity from the oil shale exploration I gas processing activities, and 4) the site has previously been permitted for use as a communications facility. Ill. SITE DESCRIPTION The proposed site where the Hiner Gate Tower is located is situated on flat stream basin land at the confluence of the Tom Creek and Clear Creek. The Tower is located on approximately 2 .2 acres of a 54,000-acre parcel owned by Chevron USA. The area where the tower is located is surrounded by the steep slopes of a canyon. The area to the west of the road has been permitted previously with a permit for a temporary office facility and has been modified by a location which contains staging areas for heavy machinery, large water hauling trucks, drilling rigs, and pipes associated with natural gas exploration. IV. ZONING & ADJACENT USES The subject property is zoned Resource Lands (Gentle Slopes and Lower Valley Floor). The type of use requested falls under the definition of "Processing and Material Handling of Natural Resources" which are contemplated as special uses in the Resource Chevron USA Communications Tower Extension Hin er Gate BOCC -0810412 008 Page3 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 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: Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page4 1. Utilities adequate to provide water and sanitation seNice 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 tower is described as an unmanned facility. The tower is monitored remotely from Chevron USA's Grand Junction office." For this reason, no water or sanitation services are necessary for the proposed facility, but are provided nearby for other uses. 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 during construction the Tower is expected to generate an average of 5 automobile trips and 1-2 tractor trailer trips per day into and out of the facility. All of the truck travel will be traveling on private roads constructed by the industry or from Debeque on CR 211. After construction there will be minimal traffic generated by the operation; its operation will be managed for the most part through the revised communication system from the office in Grand Junction. The road to the Tower site is an existing road that meets the County's standards and the County does not foresee a major increase in traffic flow after the construction period and the Tower is online. No improvements to CR 211 are necessary as a result of this Tower extension project. Because this proposed action is simply modifying an existing 30' tower, is on a road vacated from the jurisdiction of Garfield County, and because the facility is proposed to be unmanned, it was not sent for review by the Garfield County Road & Bridge Department 3. 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. Response The property is located in a secluded portion of privately owned property. By its location and topography, it is effectively screened by steep topography. The site is located approximately one-half mile from the nearest residence, that being on Chevron USA property and leased to an individual tending grazing cattle that are part of a lease. The proposed use will have relatively limited visual impact to surrounding properties. It cannot be seen from CR 211. It is situated beyond the end of a dead-end road vacated by the County, which is used primarily for industrial traffic serving the existing industrial uses in the area with very limited general population traffic. Further, the site itself is situated in an area already characterized by intense industrial activity from the exploration I processing activities. No screening is necessary as it is already screened by steep topography. While no lighting is Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page5 proposed, any future lighting shall be directed inward and downward. The Applicant plans to paint all the equipment beige in order to better blend in with the surrounding environment. Section 5.03.07 f/ndustrial Operationsl Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, and design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. Response The facility site has been designed to insure protection of ground water and nearby streams through the development and implementation of a Storm Water Management Plan specific to the area which is contained at the rear of the application. Staff notes that while this plan is specific to the Tower site, Chevron USA has also submitted a larger Storm Water Management Plan for the general area. Further, containment facilities are designed into the facility for any hazardous material stored or used during operations. A Floodplain Permit was required as part of the previous Special Use Permit. The design in relation to the recent Floodplain Permit ensures that this expanded communications tower has been placed in such a way so as to minimize adverse effects of a major flood event. The permit also addressed the safety of personnel working the site. (BJ Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response The tower and its related facilities is not expected to produce volumes of noise, dust, smoke, glare, vibrations of other emanations, but those can be expected to meet acceptable levels are regulated by the Colorado Revised Statutes. The sound levels generated by the facility are at those levels and will be in conformance with the state guidelines. While any glare generated by the tower will not affect any adjacent properties, using a matte material rather than high gloss stainless steel with reduce glare on-site. Noise generated will have very little impact on adjacent properties since the tower is located in a canyon area that will prevent any sound from traveling as well as being located well within the boundaries of the subject property far from adjacent properties. The former farmhouses that were purchased with the in-holdings are occupied by hands managing herds of cattle on the site. Chevron USA shall adhere to the noise standards specified by the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. Given the remote location of the new facility, Staff agrees that noise will not be a nuisance to area residents. Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page6 The broadcast functionality, lighting, location registration and operating standards are administered by permits with the FAA and the FCC. These permits are in place and the Applicant shall be required to adhere to their conditions. (CJ Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response The site is located within winter rangeland for mule deer, elk, and turkey as identified on the Division of Wildlife's wildlife distribution maps. The site is currently disturbed and provides little habitat for wildlife or vegetation. The tower may be attractive to nesting birds and measures recommended by biologists may need to be undertaken. (DJ Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response There will be two different phases of the operation, each with differing trip generation. All traffic will travel up County Road 204 to County Road 211, to the point where it has been vacated and becomes Chevron USA property. This existing road meets the County's standards, and is presently under a program for surface maintenance performed by Hyland Enterprises to treat fugitive dust, maintain surface through grading, sanding and snow-plowing. The initial traffic is related to construction. This will involve the transport of tower materials and related equipment required to erect the tower and either transport the pre-assembled shed or shed construction Vehicles range from pickup trucks to semi-trucks with trailers. The second phase generated periodic inspections, generally a low number of trips in a passenger vehicle. Chevron USA does not foresee a major increase in traffic flow after the construction period and the extended tower are online. No improvements to CR 211 are necessary as a result of this extension of the Hiner Gate Communications Tower. (EJ That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(sJ. Response The operations at the facility will not involve any abutting property. The proposed facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff agrees that the existing facility is located well within required setbacks and is sufficiently separated from adjacent properties in all directions. Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page 7 (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response The application includes a reclamation plan that would govern treatment of the site once the useful life of the facility (20+ years) has expired which includes: 1) Removal of all surface equipment; 2) Restoration and re-contouring of grade to approximate original conditions; 3) Replacement of stockpiled topsoil; and 4) Compliance with all prevailing Colorado Oil and Gas Conservation Commission and Garfield County regulations governing final reclamation. The Applicant has provided the Garfield County Treasurers Office with a Permit Bond for $4,000 per acre for the Central Production Facility. Garfield County Vegetation Manager has determined th is assessment rate to be sufficient. No further affects will be caused by the extension of the tower or small shed. 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. (BJ The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Response In the past, the Board has required, as a condition of approval that "A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the Applicant." Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page8 The Applicant has provided the Garfield County Treasurers Office with a Permit Bond for the Central Production Facility ($4,000 per acre). The Garfield County Vegetation Manager has determined this amount to be sufficient. Section 5.03.08 Ondustrial Performance Standardsl Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1J Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2J Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3J Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4J 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. (5J Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (AJ Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations I comments from the appropriate local protection district regarding compliance with the appropriate codes; (BJ At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (CJ No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (DJ Storage of Heavy Equipment will only be allowed subject to (AJ and (CJ above and the following standards: 1. The minimum lot size is five (5J acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (BJ feet in height and obscured from view at the same Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page9 elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Response Should the Board approve the request for the extension to the tower and placement of the related shed for communications equipment, Staff suggests the industrial performance standards be considered conditions of approval as they are specifically intended to ensure that any industrial use such as the proposed Tower function in accordance with the proper best management practices and within the parameters of the State statutes. Section 9.03.05 [Periodic Review of SUPl Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine 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. Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page 10 VII. 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. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. VIII. STAFF RECOMMENDATION Due to the following conditions: • 1) the limited nature of potential impacts to surrounding properties, • 2) the remote location of the property such that it is situated at the end of a dead-end county road which is used primarily for industrial traffic serving the existing industrial uses in the area with very limited general population traffic, • 3) and the fact that the site itself will be situated in an industrial area already characterized by intense industrial activity from processing activities, • 4) the proposed expansion is to an existing facility, Staff recommends the Board approve the request for a Special Use Permit for Processing and Material Handling of Natural Resources for the extension of the Hiner Gate Communications Tower from 30' to 50' and the placement of a communications-related shed measuring 1O'x12' with the following conditions: I. 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, including those of the FCC and FAA. 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. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Vibration generated: the Tower shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any Chevron USA Communications Tower Extension Hiner Gate BOCC -0810412008 Page 11 boundary line of the property on which the use is located. 6. Emission of heat, glare, radiation and fumes: the Tower 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. 7. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. 8. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 9. That all proper building permits are obtained for the structures associated with the operation of the Tower prior to the issuance of a Special Use Permit. IX. RECOMMENDED MOTION "I move to approve a Special Use Permit for Processing and Material Handling of Natural Resources for the extension in height of the Hiner Gate Communications Tower from 30' to 50' and the placement of a communications-related shed measuring 10' x 12' with the conditions provided by Staff."