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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.19.2011o {u;*\d trrror efital( wl l^rred,oW@r Okfyrud Exhibits (IIl19l0l) a++e Zonf no, "eutu-trtr C Exhibits (Williams Production)Exhibit Letter (A to Z) Proof of Mail Proof of Publication Garfield Resolution of 1978. as amended Staff Email from applicant addressing $5.03.13 Broadcasting Studio and/or Communication Facility - 1ll08l0l BOCC 1111912007 CM Oxy - Williams Production RMT Company Commun ication FacilitY Special Use Permit REQUEST APPLICANT / OWNER REPRESENTIATIVE LOCATION SITE DATA EXISTING ZONING ADJACENT ZONING STAFF RECOMMENDATION PACEL NOS. Upgrade an existing communications facility and install a new communications facility Williams Production RMT Company/Oxy Petroleum Sandy Hotard and Rob Gailey of Williams Production RMT West of the Town of Parachute, CO Tower #1 and #2 - 2,798.7 acres, and Tower #3 790.5 acres Resource Lands Resource Lands Density Approval Tuwe r+L 2409-171-00-058, 261-00-007 - Plateau and Agricultural/Residential/Rural Ttu"effi 241 1 -261-00-0047, and 241 1 - .CL aota -l-loy,4- Wr,sI1-LI' BOCC 1111912007 cM I BACKGROUND AND REQUEST Williams is currently developing in Townships 6 and 7 South Ranges 96 and 97, an area commonly known as the Logan's Wash area. As more wells are drilled in this area at different elevations, the new wells will not be in "line of sight" of the existing tower and creates the need for additional communications towers. Williams Production RMT Co. is proposing to install one Radio Tower and upgrade an existing tower site to provide radio transmission capabilities between producing gas wells in the Logan Wash area of the Garfield County and the main office in Parachute. The upgrading of tower #1 currently has 2 solar panels, a 4' x 8' wood f rame shed, a 20' radio tower and several small dishes. The upgrade will include a small self contained propane powered generator to assist with power needs when snow covers the solar panels occasionally in winter. (See Exhibit 1) The proposed new tower, #3, will consist of a 30' radio tower with a 4' omni antennae and 400 watt wind turbine installed at the top of the tower. lt will also include 2 solar panels, a radio, and a junction box with an enclosed battery. (See Exhibit 2) Exhibit 7; Existing Tower #1/Proposed Upgrade -2- ':.:.-,. :,'::a,::a ;4.' ::r , -. *. ,::; : iYr 'li .-: -\,1. I i n"_ ::: a ' ':::," ...'l,. r1r ,i E"' ' ' 'i i," ''' BOCC 1111912007 CM ffi IE.{{rl 11l1i l'--"li t1 l: II REFERRALS Town of Parachufe; No response Grand Valley Fire Protection District Staff did not receive a response from Grand Valley. However, the applicant met with the District concerning the proposed towers and states in the application that Chief Ferguson with Grand Valley Fire Protection District recommends that any flammable vegetation be removed from the area where the propane generator will be located. Division of Wildlife:The applicant sent a letter to the DOW describing the project and requesting comments. However, the applicant has not yet received a response. Y$'$jd*#mt-ru&* ,v ?:..r !^ d-:( ll:*tr.J!i- :i_K'*. i\ &i';rL- $,k",.c* I 1a'rl.ir F,H}j; L. Ulil- J\hry1!d-"' F {l l"d-l ai*iliitn r.::*:;-r:c.lrdt lu i 'i$' Exhibit 2; Proposed Tower #3 -3- i I' ti BOCC 1111912007 CM O IlI S 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. 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 There will be no personnel at the site on a daily basis and the site will only be visited by company personnel in a pickup or by snowmobile, if snow levels prohibit wheel traffic, when routine maintenance is required on the tower, or the tower is inoperative. Visits are expected to occur approximately on a monthly basis. Additional street improvement will not be required. 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 application does not state that screening or landscaping will be necessary or used to minimize impact on adjacent uses. The application lists the abutting properties and their uses, which include "vacant land, grazing, and natural gas extraction. All of the surrounding properties are zoned Resource Lands." lt is also stated that none of the adjacent properties contain dwelling units; therefore, Staff believes no screening is necessary. IV 55.03.13 Broad Castinq Studio and/or Communication Facilitv (l) 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 According to the application, the towers are in compliance "...with all FCC f requency emission requirements." However, the application provided no supporling information. (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. -4- BOCC 11/19/2007 CM Staff Findinq The applicant is aware of the co-location preference. However, the two locations were specifically chosen so they are able to reach the remote sites that they are communicating with. For this reason, the footprints and heights of the towers have been kept at a minimum. The footprint for the existing tower is approximately 30 x 30 and the footprint for proposed tower #3 will be approximately 10 x 10. Staff understands that the BOCC is concerned with issues of co-location and believes the applicant has not fully demonstrated the need for the location as opposed to other sites. (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) llse 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 Findino The Resource/Lands - Plateau zone district does not contain height limitations. Tower #1 is 20 feet in height, and will not change with the upgrade, and tower #3 will be 30 feet in height. Additionally, the applicant is aware that communication towers are not allowed to exceed the height requirements of the zone district in which they are located. As stated previously, screening is not proposed as parl of the project. The applicant states that the antenna will naturally blend with the environment and will be small and unobtrusive. 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 parlies were heard at that meeting; 3.) The Application is in conformance with the following Sections in the Gadield County Zoning Resolution of 1978, as amended: $3.10.01, 55.03, and $5.03.13. 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 Williams Production RMT Company with the following -5- conditions: BOCC 11t1912007 CM 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; 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; 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 com petitive interests; Any flammable vegetation shall be removed from the area where the propane generator will be located prior to issuance of the Special Use Permit. 1) 2) 3) 4) -6- Garheld County Permit Page I of3 Christina Montalvo From: Fiore, Tom (E&P) [Tom'Fiore@Williarns'com] Sent Thursday, November0S, 2007 11:17AM To: Christina Montalvo; Gailey, Rob (E&P) Gc: Hotard, SandY (E&P) Subiect: RE: Garfield CountY Permit Christina: Thanks for taking the time to talk to me about our application. The answers to your questions are as follows' 1. (Per our conversation) you have already found the answer to this. Z. We understand that co-location of radio equipment and towers is preferred. ln the case of these two locations, the site are specifically required because of the radio path,s nee.ded to reach the remote sites we are communicating with. ln both cases we have minimized the site footprint and limited the tower height to only that which was required to establish a good radio link' 3. Although a maximum height requirement was not found, we do not believe that either of the two towers (ie. One aigO ft. talt and one at 20 ft. tall) exceed any known structural height limits. 3a. Both of these facilities are vary smbtl in surface area. With the exception of the.antenna, the OuifOinli anO otner equipment will be less than 15 feet high. The antenna is a small antenna tower and will naturally blend in with the surroundings' 3b. Once again the antenna we will use will be vary small and unobtrusive' Because of the locations they will not be visible from afar' 3c. These are both new facilities' Christina, I hope these answer your questions listed below. lf you need additional information, let me know my contact information is below. Tom Fiore Williams Production RMT Office 970 263-2743 Cell 970 210-1641 From : Christi na Montalvo [ma i lto : cmontalvo@garfi eld-cou nty.com] SenE Thursday, November 08, 2007 9:15 AM To: @ihy, Rob (E&P) Cc Frcre, Tom (E&P); Hotard, Sandy (EAP) Subject RE: Garfield CountY Permit Hello Rob, We need the following section of the Zoning Resolution to be address to be able to complete the report for the application. lf you corild write a brief but thirough response to each and then email it back to me that would be gi:dat. r,m trying to wr"p ,p the report by end oioay today or early tomorrow 99.if you could respond today that ir_'orro ne very -nerptur. boirv anouttne short notice, t'm jdst now noticing that this was not addressed in the application. Thank youl Christina 5.03.13 Broadcasting Studio and/or Cornmunication Facility: Such broadcasting studios and/or communication fucilty statl be approveA Uy tt" n"Oeral Communication Commission and the Federal Aviation EXHIBlf ( rU8/2007