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HomeMy WebLinkAbout1.21 AddendumHatch Telecommunication Tower – Grass Mesa (LIPA-08-17-8569) Addendum This addendum is being provided to address the issues listed in the County’s August 18, 2017 letter for the Hatch Telecommunication Towers LIR application. Note: This application originally included the request for an after-the-fact approval for the existing 50-ft tower, now owned by Caerus Oil and Gas LLC (Caerus), on the subject property. Since the initial submittal, the landowners have been notified by Caerus that the existing tower will be removed from the subject property on or before September 30, 2017. Therefore, this LIR application will now move forward for just the proposed tower and comments provided in this Addendum will pertain only to the proposed tower. 1. Please provide additional information for your water supply plan and wastewater management plan by addressing why water and wastewater are not needed for this use. Please include a statement as to whether or not the tower sites will be unmanned. The proposed tower facility will be unmanned and no plumbing infrastructure will be installed for the facility. Therefore, this facility will have no water or wastewater needs. 2. As an owner of the property, Roslyn Hatch needs to sign the application. Attached is the amended LUR application, signed by both landowners. 3. While the height of the proposed tower is clarified to be 160 feet in the Project Narrative, please update the application form to reflect this change. Attached application has been updated accordingly. 4. Please provide easement information to demonstrate legal access from the County Road to the property for both towers. Legal access from County Road 319 on Grass Mesa Road up to the intersection of the private drive occurs through privately-owned and BLM-managed lands via a 60-foot wide ROW, per Book 79, Page 588 (attached). On BLM-managed lands, legal access from Grass Mesa Road on the private driveway into the Hatch property is via a 50-foot wide BLM right-of-way (ROW), COC 35137 (attached BLM letter and recorded easement). Additionally, along the northern and western property line of the Hatch property are 30-foot wide non-exclusive easements, as depicted on the attached Improvement Survey Plat (dated 7/3/15). The existing private driveway along the northern limits of the Hatch property is located primarily within this 30-foot wide easement with approximately 350 linear feet of the road, ranging from 1-foot to 17 feet in width, extending into the BLM-managed lands to the north of the Hatch property. 5. Please provide easement information to demonstrate legal access to the property for the locations of both towers as well as associated accesses. In the attached executed Surface Facility Grant, signed by the current landowners, MBC Grand Broadcasting is granted the right to erect and install, maintain, inspect, replace, operate, and remove one radio tower, along with full rights of ingress and egress to and from the tower site. The Surface Facility Grant notes the agreement is binding upon parties hereto, then heirs, successors and assigns. 6. Please show easements on the site plan for both towers and accesses. There are no designated “easements” for the proposed tower location, therefore, none to depict on the site plan. Hatch Telecommunication Tower – LIPA-08-17-8569 Addendum Page | 2 7. If there is any landscaping screening proposed for the project please provide a landscape plan. If no landscape screening is proposed please provide a statement on screening from the County Road and from Quicksilver Way as detailed in Section 7-1102 (D) Telecommunications Facilities. Note: The gravel road previously noted as Quick Silver Way in the initial submittal material and referred to as such above, has since been clarified to be a private drive and is not a continuation of nor connected to the official Quick Silver Way ROW. Please refer to the attached Improvement Survey Plat. CR 319 is located approximately 0.75 miles to the east of the project site at an elevation 560 feet below the proposed tower’s site elevation. Therefore, most of the proposed tower and all of the accessory structure would not be visible from CR 319. From the private driveway in the 30-ft easement on the Hatch property, the proposed facility would be visible. On BLM-managed lands to the north of the Hatch property are two electrical transmission lines with support structures having heights of 108’ AGL (above ground level) and 136’ AGL, as well as other transmission towers, ranging from 40 to 70 feet in height. Other than a chain link fencing for security reasons, no landscaping is proposed. Section 7-1102(D) referenced above indicates transmission towers and facilities shall meet certain design standards. The following are the listed code standards and their applicability to the proposed facility: 1. Architectural integration with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape. Concealment or stealth methods, such as camouflaging transmission towers to look like light poles or trees, may be required. There are no existing buildings, structures, and/or landscaping to integrate the proposed facility with as the project site is a non-irrigated dry field. Therefore, there is no way to effectively conceal or camouflage the facility. 2. Located on existing vertical infrastructure such as utility poles and Public Building or utility structures. The only vertical structures in close proximity to the proposed tower are: existing Holy Cross electrical service pole approximately 25-30 feet in height, and the previously mentioned structures on BLM lands (and therefore off of the landowners’ property). There is no practical way to locate the proposed facility with all its FCC-permitted equipment on any of these existing structures based on their height, space capacity, and structural design. 3. Roof-mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building. Not applicable. 4. Equipment shelters and antennas shall not extend more than 10 feet from the top of the building unless expressly approved by the County. Not applicable. 5. Located in areas where the existing topography, vegetation, buildings, or other structures provide screening. The proposed facility has been sited on the subject property in the best location that afforded space and proper access while allowing for the best reception/transmission of radio wavelengths. Additionally, the pinyon/juniper landscape located elsewhere on the subject property would not be high enough to screen the tower nor its accessory structure. 8. Please provide additional photos of the existing 50-foot tower. No longer applicable. 9. Please provide a statement that addresses any revegetation that will occur onsite after the project. Any areas disturbed by the construction of the proposed facility will either be graveled or revegetated with a natural grass seed mix. Hatch Telecommunication Tower – LIPA-08-17-8569 Addendum Page | 3 10. Please provide updated Title Work for the property. See attached 2015 Title Commitment completed at the purchase of the subject property by the current landowners. 11. Please provide a grading and drainage plan for the proposed structure and access, as well as a demonstration that existing drainage is adequate for the existing structure. Attached are the Grading and Drainage diagrams for the proposed tower facility. The facility site for the proposed tower will be elevated approximately 6 inches with fill dirt above the existing flat grade, tapering down to existing grade within the fenced perimeter of the site. Except for the footprint of the 8’x20’ accessory structure and three 36” diameter concrete supports for the tower’s legs, the site will be pervious, therefore any precipitation will drain directly downward into the soil or sheet flow to the outer limits of the fenced compound. Based on the facility’s placement within the subject property, runoff from the building would not affect any adjacent landowners. No drainage will be directed to the private drive to the north from the access drive and a culvert will be installed beneath the proposed access drive in the existing bar ditch to allow for continued flow of any water in the ditch. 12. As discussed in the pre-application conference summary, please address whether current roads, from the access road to the use meet the County roadway standards detailed in Table 7-107 of the Land Use and Development Code. If the roads do not meet those standards, you may submit a Waiver from Roadway Standards (attached). Please see attached Waiver letter from River City Consultants. 13. Please provide a list of all mineral owners on the property, with associated addresses, as well as a statement describing how the mineral owners were researched. (Memo Attached) As provided in the initial application packet, one mineral lease owner was documented during the search of the Garfield County Clerk records for such, conducted in person at the Clerk’s offices in Glenwood Springs, CO on June 26, 2017. The Oil and Gas Lease on record is between the previous landowners and Snyder Oil Corporation, having an address of 1625 Broadway, Suite 2200, Denver, CO 88020. Another search was conducted to determine if the Oil and Gas Lease had been transferred but no records were found. 14. Please include a signed copy of the Payment Agreement Form (attached). See attached completed and signed form. 15. Please address the standards, in Section 7-1102 Telecommunication Facilities for both towers. Section 7-1102 indicates transmission towers and facilities shall meet certain design standards. The following are the listed code standards and their applicability to the proposed tower facility: Section 7-1102: A. New Towers and Facilities. To gain approval to construct a new transmission tower or facility, the Applicant must demonstrate that: 1. The proposed tower or facility has sufficient structural strength or space available to support the Applicant’s Telecommunication Facility and related equipment; and 2. The proposed tower or facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures, or utility structures; or 3. No owner of existing towers, structures, or utility structures, within a distance that meets the Applicant’s engineering requirements, will allow the Applicant to place its tower or facility thereon. Based on the fact the proposed tower facility will be new construction, the tower facility will be designed and engineered for structural strength and have sufficient space to support all antennas permitted by Hatch Telecommunication Tower – LIPA-08-17-8569 Addendum Page | 4 FCC for this facility. Additionally, with the construction of the new tower and accessory building with associated electrical work, grounding of copper strapping will be installed in a grid pattern within the facility around the tower and building. Electromagnetic interference typically occurs as a result of inadequate grounding, therefore the proposed grounding of copper strapping within the facility will negate this type of interference from occurring. Additionally, transmissions of radio broadcasting from this tower will be within the FM band of frequencies (88-108 MHz (megahertz)). Each broadcasting tower, based on type of facility, operate in different bands of frequencies, whether AM, FM, cellular, or microwave. On the frequency spectrum, AM bands operate below FM bands and occur between the range of 535-1605 kHz (kilohertz), while cellular towers operate from 700 MHz upwards into GHz (gigahertz). Airports transmit in bands well above the FM band, typically in the microwave lengths, therefore, there would be no interference with airport navigational signals or radio communications by the proposed tower facility. To further ensure no interference with the airport and/or other existing towers, this tower facility will also have filters applied to the outputs of the translators. These filters will allow only the specific frequency of the translator to pass to the antenna for broadcasting while blocking incoming frequencies from mixing inside the translator itself. This would eliminate the potential of mixed frequencies being broadcasted. The FCC has issued Construction Permits (CPs) which authorize specific frequencies from this proposed tower location, which results in a specific transmission service area or “protected zone”. In order to maintain the boundary of the “protected zone” or transmission service area from Parachute east to Silt and northern Rifle, as authorized by the issued CPs for this tower facility, only existing towers within a 1- mile radius from the proposed tower location could be considered for possible co-location of equipment. Based on this 1-mile limitation, the 9 existing towers in this radius are either below the height needed to meet the necessary transmission range or have insufficient capacity/space for all the required equipment of this facility. The attached Existing Towers Map depicts the types of towers and their heights (if such information was available from FCC) within this 1-mile radius. Additionally, any change to the facility’s location within or beyond this 1-mile radius would require modifying the issued CPs, which in turn could result in a change in the Estimated Radiated Powers (ERP) from each antenna. This would then change the boundary of the service area or “protected zone”, which could result in the possible encroachment into other translators’ “protected zones”, which would trigger FCC requiring modifications to the permitted equipment and their frequencies. Based on all this, co-locating on existing towers was determined not practical or feasible. B. Structural and Engineering Standards. The Applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer. The safety of the property and the neighborhood shall be protected. As noted in the Project Narrative, engineered plans have not been completed for the proposed tower at this time. Upon completion, engineered plans prepared by a qualified professional engineer will be submitted to the County. C. Public Utility Structures. Towers or facilities that are proposed to be mounted on existing structures of public utilities that have a franchise or other written permission from the County and use concealed towers and facilities are permitted in all nonresidential zoning districts, unless otherwise specified by this Code. 1. The County may approve the placement, extension, or replacement of a transmission tower or Telecommunication Facility on an existing Public Utility structure up to 50 feet above the highest point on the same; and 2. The County may waive public notice and other submittal requirement if the Director believes that the public interest will not be harmed by such a waiver. Not applicable Hatch Telecommunication Tower – LIPA-08-17-8569 Addendum Page | 5 D. Design, Materials, and Color. Transmission towers and Telecommunication Facilities shall be designed and maintained to minimize visual impact, carry gravity and wind loads required by law. At a minimum, the transmission towers and facilities shall meet the following design standards: 1. Architectural integration with existing buildings, structures, and landscaping, including height, color, style, massing, placement, design, and shape. Concealment or stealth methods, such as camouflaging transmission towers to look like light poles or trees, may be required. 2. Located on existing vertical infrastructure such as utility poles and Public Building or utility structures. 3. Roof-mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building. 4. Equipment shelters and antennas shall not extend more than 10 feet from the top of the building unless expressly approved by the County. 5. Located in areas where the existing topography, vegetation, buildings, or other structures provide screening. This portion of code have already been addressed by the responses provided to Comment #7 on page 2 of this document. E. Lighting and Signage. Only lighting and signage required by a Federal or State agency is allowed. No advertising is allowed. As noted in the response to Comment #16 below (page 6), one exterior light is proposed on the accessory structure and could be a “night sky” fixture, if determined necessary. MBC, the tower owner, is not proposing to light the tower, however a final determination from the FAA has not yet been made on this matter. Only signage required by FCC and FAA will be posted at the facility. F. Non-Interference. All wires, cables, fixtures, and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, State and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions, or all other electromagnetic communications or otherwise cause a safety hazard. The proposed tower will be a self-supporting tower which needs no support wires or cables. A licensed electrician will obtain the required State electrical permit and the installation of all proposed fixtures and equipment will comply with all applicable federal, state, and local regulations. The matter of interference has been addressed in the response to 7-1102.A on page 4 of this document. G. Federal Aviation Agency Form. The Applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following: 1. An amateur radio antennae, if owned and operated by a federally licensed amateur radio operator or used exclusively for a receive-only antennae; 2. Any existing tower and antennae provided a Building Permit was issued for a tower or antennae prior to the adoption of this Code; 3. Any emergency Telecommunications Facilities used exclusively for emergency services including, but not limited to, police, fire, and operation of governmental entities; and 4. Any antennae used for FCC licensees engaged in AM, FM, or television broadcasting. Included in the initially submitted LIR application materials were two completed FAA Form 7460-1s, one for the proposed tower, the second for the accessory structure. H. Telecommunications Act. All Telecommunications Facilities shall comply with all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA. The proposed tower will be designed, engineered, and installed to comply with all FAA requirements. Hatch Telecommunication Tower – LIPA-08-17-8569 Addendum Page | 6 16. As stated in the application, the parcel is located in the Airport Overly zoning district. Please address the standards in Section 3-303(B) of the Land Use and Development Code for both towers. As depicted on the attached Airport Overlay maps, the subject property is located within the Horizontal Surface of the established Airport Imaginary Surfaces, which are imaginary areas in space and on the ground in relation to the Rifle Garfield County Regional Airport and its runways. Per the County’s land use code definition in Article 15 for Airport Imaginary Surfaces, the Horizontal Surface is defined to be: “A horizontal plane 150 feet above the established Airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each Runway of each Airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is defined by FAR Part 77.“ The FAA identifies the Horizontal Surface as one of several types of “object identification surfaces”. Also attached is a diagram depicting the typical FAA airport overlay zones. The proposed tower facility site is at an elevation of 6,175.95 feet AGL on Grass Mesa, approximately 640 feet higher than the established Airport elevation of 5,536 feet AGL, the specific location of which is located approximately 10,700 feet to the northeast of the proposed tower site. Though located within the Horizontal Surface Overlay area, specifically the Horizontal Surface G-1 Non-RPZ layer per the County’s Official Zone Overlay Map (as amended September 16, 2013), the tower site is 490 feet vertically higher than the 150-ft horizontal plane and therefore above the Horizontal Surface layer. Per Table 3- 303, communications and electrical facilities are permissible within the Overlay Zone* category with the requirement these types of facilities do not interfere with airport navigational signals or radio communications. (* Note: Overlay Zone was utilized from Table 3-303 since the Table does not have a category of “Horizontal Surface” or Horizontal Surface G-1 Non-RPZ” ). The FAA is currently conducting an Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) to determine the effect on airport airspace by the proposed tower facility. Due to the 640 feet height difference from the airport to the top of Grass Mesa and due to the fact the airport directs departure flights away from the mesa will be taken into consideration in FAA’s analysis, resulting in a likely “no IFR affects” on departures for the proposed tower. (IFR – Instrument Flight Rules). Section 3-303.B indicates additional regulations for development within the Airport/Heliport Influence Area Overlay. The following are the listed code standards and their applicability to the proposed facility: Section 3-303 B. Standards for Development. 1. Site Plan Information. Attached are two maps depicting the subject property in relation to the airport overlay zones. As noted previously, the subject property is located within the Horizontal Surface Overlay area, however, based on the site’s elevation, the property is 490 feet above this imaginary surface overlay. 2. Avigation and Hazard Easement. A completed Avigation and Hazard Easement will be recorded upon approval of the proposed tower facility. 3. Noise Levels. Not applicable since the proposed facility, once operational, would not generate any additional noise. Additionally, since the facility will be unmanned, no noise abatement measures are necessary. 4. Communications Facilities and Electrical Interference. Please refer to responses provided in Comment #15 to Section 7-1102.A on pages 3 & 4 of this document. 5. Outdoor Lighting. Based on the height of the facility on the mesa and the distance from the airport, the exterior light on the accessory building would not be visible. However, a “night-sky” light fixture, which would shield the light bulb and cast light downward, could be installed if determined Hatch Telecommunication Tower – LIPA-08-17-8569 Addendum Page | 7 necessary. If the FAA determines the tower shall be lighted, lighting of the tower will comply with FAA’s standards. 6. Use of Reflective Materials Prohibited. The tower will be a galvanized structure, which will dull naturally over time and become non-reflective. This is common on anything from a street/traffic light pole to parts on bridge. If determined necessary, chemicals could be utilized to wipe down the tower before installation to accelerate the dulling process, but this process still takes months to occur. 7. Industrial Emissions That Obscure Visibility Prohibited. Once operational, this facility will not produce any emissions that would obscure visibility. 8. Height Restrictions. As noted above, the tower facility is located vertically higher than, and therefore out of, the 150-ft horizontal plane over the airport. Height restrictions are not specified for towers within the County’s land use code, however, each are reviewed on a case-by-case basis through the County’s land use review processes. Through the Form 7460-1 review process, the FAA will provide a final determination on the height of the proposed tower. 9. Penetration of Development into Imagery Surface Area. See previously provided responses above. 10. Wetland Construction, Enhancement, Restoration, or Mitigation. As noted in the Biological Assessment Report, there are no wetlands within or adjacent to the subject property. 11. Compliance with 14 CFR Part 77.9. 14 CFR Part 77.9 requires the filing of a notice with the FAA for certain types of construction or alterations and their locations. Based on this project’s proximity to the Rifle Garfield County Regional Airport, two Form 7460-1s have been submitted to the FAA for the proposed facility and accessory structure, copies of which were previously submitted for this LIR application. 17. The application mentions that there is an existing tower on the property. Additional information is required for that tower. Please provide any permits that have been issued and address whether the existing tower meets the requirements in Section 7-1102 and Section 3-303(B) (Airport Overlay) of the Land Use Code, with any applicable supporting evidence. Any other requirements in the application should be changed to reflect that both towers are included in the application for a Land Use Change permit including, but not limited to showing the existing structure, access, and associated infrastructure on the site plan. No longer applicable. 18. As stated in the pre-application conference summary, please address the standards in Article 7, Divisions 1, 2, and 3 for both towers. Divisions 1, 2, and 3 of Article 7 provide general approval standards. The following are the listed code divisions and standards and their applicability to the proposed facility: Division 1: 7-101. Zone District Use Regulations. See previously submitted Project Narrative. 7-102. Comprehensive Plan and Intergovernmental Agreements. See Project Narrative. 7-103. Compatibility. See previously submitted Impact Analysis. 7-104. Source of Water. Not applicable. 7-105. Central Water Distribution and Wastewater Systems. Not applicable. 7-106. Public Utilities. Electricity is the only public utility needed for the proposed tower facility. The tower companies will continue to coordinate with Holy Cross Energy to connect the proposed facility to the existing overhead service line located to the south of the tower site, as well as establish any necessary easements for the extended line, whether overhead or underground, once the alignment has been determined. The tower construction company’s contracted electrician will obtain a State electrical permit prior to extension of electrical lines or any electrical work for the facility. Hatch Telecommunication Tower – LIPA-08-17-8569 Addendum Page | 8 7-107. Access and Roadways. Please refer to Comment #12 above on page 3 and to the attached Road Waiver from River City Consultants. One 10-ft wide by 56-ft long driveway would be constructed internally within the subject property as access to the proposed facility from the existing private drive. A culvert would be installed in the bar ditch below the access drive at its connecting point with the private drive. 7-108. Use of Land Subject to Natural Hazards. Not applicable. 7-109. Fire Protection. The tower companies will coordinate with the Colorado River Fire Rescue District to address any fire protection measures determined necessary and will provide Knox boxes on any locked gates to this facility. Division 2: 7-201. Agricultural Lands. No agricultural lands will be affected by this facility. For safety purposes, the facility will be fenced. 7-202. Wildlife Habitat Areas. Please refer to the previously submitted Biological Assessment Report. 7-203. Protection of Waterbodies. Not applicable. 7-204. Drainage and Erosion. Please refer to Comment #11 responses on page 3 of this document, the previously submitted Stormwater Management Plan, and the attached Grading and Drainage diagrams. 7-205. Environmental Quality. The proposed tower facility will not affect air or water quality. 7-206. Wildfire Hazards. Per Map 7: Wildland Fire Susceptibility Index map from the County’s Community Wildfire Protection Plan (dated November 2012), the subject property and proposed tower site are located in the “Low” wildfire designation. Additionally, the metal tower and accessory building will not increase the potential intensity or duration of a wildfire. 7-207. Natural and Geologic Hazards. None. 7-208. Reclamation. As noted in the response to Comment #9 on page 2, any areas disturbed by the construction of the proposed facility will either be graveled or revegetated with a natural grass seed mix. Division 3: 7-301. Compatible Design. Based on the rural, open landscape of Grass Mesa, the comparable adjacent land features would be the existing electrical transmission support structures and towers on BLM lands just north of the private drive. Please refer to the Impact Analysis. 7-302. Off-Street Parking and Loading Standards. Telecommunication facilities are not listed in Table 7- 302.A, however, the 10-ft wide by 56-ft long access drive to this facility would provide sufficient area for off-street parking. 7-303. Landscaping Standards. The perimeter of the facility will have chain link fencing for security reasons and will be graveled. No landscaping is proposed. 7-304. Lighting Standards. Please refer to relevant responses provided on pages 5 & 7 of this document. 7-305. Snow Storage Standards. Any shoveled snow from any impervious walkways/door steps will be stored within the fenced compound. Additionally, due to the proposed facility’s internal location within the subject property, snowmelt will not affect adjacent properties. 7-306. Trail and Walkway Standards. Not applicable.