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Home My WebLink About2.0 PC Staff Report 08.14.2013Exhibits — Location and Extent J &S Nieslanik, LLLP (LAEA - 7617) PC Public Hearing (08/14/2013) Exhibit Letter (A to Z) Exhibit A Proof of Publication, Posting, and Mailings B C D E F 61 Garfield County Unified Land Use Resolution of 2008, as amended Garfield County Comprehensive Plan of 2030 Application Staff Memorandum Staff PowerPoint g c svlv1 ?(let ret-(--( MEMORANDUM DATE: August 14, 2013 TO: Garfield County Planning Commission FROM: Molly Orkild- Larson, AICP, RLA Senior Planner APPLICANT: J & S Nieslanik, LLLP OPERATOR: Rocky Mountain Natural Gas, LLC (a subsidiary of Source Gas) RE: "Location and Extent" review, pursuant to CRS 30- 28- 110(1), et. seq., for the installation of a privately owned public utility on 4.237 acres within a 355.22 acre parcel owned by J & S Nieslanik, LLLP in the NW% NE% of Section 3, Township 7 South, Range 88 West. I. INTRODUCTION 1 likur jsio w / millikiMilr vw N MI l, Vicinity Map 1 Rocky Mountain Natural Gas, LLC (RMNG) proposes to build and operate a natural gas compressor station, a public utility to be owned by RMNG on a 4.237 acre site located within a parcel owned by J & S Nieslanik, LLLP. The compressor station will be accessed from County Road 115 by an existing agricultural road located on land owned by Jeff and Britton Nieslanik (Parcel 2187- 344 -00 -159) and J & S Nieslanik, LLLP (Parcel 2393 - 032 -00 -032). This road will be upgraded to accommodate the proposed land use. RMNG will lease the subject site from the Applicant which is more particularly described in Exhibit A. Both parcels owned by the Nieslanik family are zoned Rural. RMNG requires a new compressor station to maintain line pressure in an existing pipeline between the City of Rifle and Town of Avon during the peak demand season (winter). The facility includes two natural gas engine powered compressors located in a normally unattended building, with provision for a future third compressor to accommodate potential increased capacity needs. The compressor station consists of the following: • Compressor Building (50' wide x 120' long x 30' high); • Utility Building (32' wide x 40' long x 14' high); • Control Building with HVAC (30' wide x 40' long x 14' high); • Block Valve Assembly; • Emergency Generator; • Upgraded utility pole located outside of the lease easement to accommodate the three - phase underground service line; • Single walled storage tanks for lube oil, coolant, and hydrocarbon liquids, and a sump tank for floor drains; and, • Non - potable water storage and Individual Septic System. Pre - engineered steel buildings are proposed for the compressor station. The largest of these buildings will enclose the compressors and serves as an acoustical enclosure to reduce noise generated from this equipment. This building will have three main doors and a roll up door for access to the equipment. The proposed Control Building contains two offices for two employees that will visit the site (up to 4 hours) for routine maintenance /repairs, a restroom with an emergency eye wash, a control room to house the control equipment, and a garage bay. A 250 gallon non - potable water tank will be situated in this building to provide water for the restroom. All drinking water will be bottled and transported to the site from an approved local potable water source. The Utility Building will house the air compressor package for the station and a bay for spare materials. An emergency generator will be located next to the Utility Building. Initial operation of the compressor station will be less than full time, but is anticipated to potentially operate 24 hours a day, seven days a week, and 365 days a year. The compressor station will be monitored full time (24/7/365) in Lakewood, Colorado by Gas Control for RMNG and Xcel Energy. The compressor station is scheduled to start up in November 2014 if all County permits are received. 2 1.7 3, CM Mt; --..—`, -:.— - ---=----"-----7---7 -<"=, :,,,,..._ -...... ,:. ----.--.....'•••-__...,...-i...,.. , ,I,e-3, •-•,..„„1,, 1 :4,.• j 13141g. = '.1' • ft 477P ____,•-------- -- .- 1_.% tECtiliki ••• ? . ......4: , +. • ..., ------ _ \\:.- ..'••••,.... ‘‘ MIL ,I 1 ,,,........ ■■•■■■■• 1M. ■.■••■•■ ...,..v.,....-+.+...- '4 ...,,..,_ '''''' .....':■■::....7:1117. M.y__..„.._ .1.:■:7-'7-........,-.-.-11 '.. ' ''..,..,. ..-■■-7-'-...W . N • ARCA P. 1631 I IAN WOW RIA 6 uoma Irt 30661 cf LWIL • ILL RI. t8.611/t•e-6,066 6. OM ox sr. J 6666 66666 ME. PAM • ith6ttluf116• IMIWI rm. mak LEGO,* 1-690 1221967 GINE•41 MOTES • PUN 1.010 1141 CittiliALPit WEE TAM/ CENTEJUJNECURVI TABU • 1,11o•or,,••••,.. Access Road—Commencing at CR 115 3 MOW 1114070 MO • Access Road -- Ties into Subject Site II. STAFF COMMENT This application triggers the statutory process known as "Location and Extent Review" process, pursuant to CRS 30 -28- 110(1) for public utilities, whether publicly or privately owned. The County offers this memorandum as a formal request to come before the Garfield County Planning Commission on August 14, 2013 at 6 :30 PM to present the Applicant's intentions and discuss this application and its' relationship to the County's Comprehensive Plan. The Location and Extent requirements (CRS 30- 28- 110(1)) includes the following: 1) (a) Whenever any county planning commission or, if there is none, any regional planning commission has adopted a master plan of the county or any part thereof, no road, park, or other public way, ground, or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the unincorporated territory of the county until and unless the proposed location and extent thereof has been submitted to and approved by such county or regional planning commission. (b) In case of disapproval, the commission shall communicate its reasons to the board of county commissioners of the county in which the public way, ground, space, building, structure, or utility is proposed to be located. Such board has the power to overrule such disapproval by a vote of not less than a majority of its entire membership. Upon such overruling, said board or other official in charge of the proposed construction or authorization may proceed therewith. 4 (c) If the public way, ground, space, building, structure, or utility is one the authorization or financing of which does not, under the law governing the same, fall within the province of the board of county commissioners or other county officials or board, the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. In the case of a utility owned by an entity other than a political subdivision, the submission to the commission shall be by the utility and shall not be by the public utilities commission; however, the commission's disapproval may be overruled by the public utilities commission by a vote of not less than a majority of its entire membership. Garfield County has a Planning Commission which has adopted a master plan called the Comprehensive Plan of 2030. The following sections of the Garfield County Comprehensive Plan 2030 are supported as follows: Section 1 - Urban Growth Areas and Intergovernmental Agreements Staff Response. Implementation of the compressor station will better support urban growth areas with natural gas especially during high use demand periods such as the winter months. Section 3 - Transportation Staff Response: This application supports this section of the comprehensive plan by using portions of an existing road for accessing the site. Section 4 - Economy, Employment, Tourism Staff Response: The proposed compressor station will provide employment during the construction of the site and on -going employment for several workers for maintenance and repairs of the station. The compressor station will be situated in a topographic bowl and painted natural colors to better blend with the surrounding landscape. From a site visit by County staff, it appeared that the existing topography and vegetation will screen majority of the site, if not all of the facility from CR 115 and surrounding parcels. Section 6 - Agriculture Staff Response: The proposed project will not adversely impact agricultural operations on or adjacent to the project site. Section 8 - Natural Resources Staff Response: Impacts to natural resources will be minimized through best management practices. Section 9 - Mineral Extraction Staff Response: Resource extraction is promoted by this land use by more effectively moving natural gas in the County. 5 III. STAFF CONCLUSION in summary, the Staff believes that the proposed compressor station will assist in providing employment in the area and transporting natural gas to customers in the region especially during high volume seasons such as winter. To lessen impacts to the immediate area, the Applicant proposes to use the existing topography to screen the facility from existing roads and adjacent land uses and use neutral colors to blend with the existing landscape. Therefore, the proposed land use is in general conformance with the applicable portions of the County's Comprehensive Plan of 2030 and Garfield County Land Use and Development Code. 6 Exhibit A LEASE AREA"EXHMITA RIFLE TO AVON COMPRESSOR SITE SECTIONS. TOWNSHIP 7 SOUTH, RANGE ES WEST OF THE ST'H F.M. • COUNTY OF GARFIEI..D, STATE OF COLIORADO L„.__.. ME,.� 1 4 CORNER NoRIN ONE Or SR 13 ti 3 3 3/4 aim BWiJR 6AtF ti JITEMS (2393- O32- 00 -O32) p O9 IOIA93ER (2393 - 011- CU -02) A PARCEL. OP LAD SITUATED IN THE NORTHEAST QUARTER OP S£0110N 3. TOW4SI1P 7 SOUTH, . RANGE 8S WEBT OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND 05140 MORE PARTICULARLY DESCRISET AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3, A 3-1/4” ELM ALUMINUM CAP IN PLACE THENCE S107.3'37'N A DISTANCE OF 186B.05 Fur TO 'RE pQ1J 9E PRIMING; THENCE 8001344'E A DISTANCE OF SUMO FEET; THENCE Sae4611ONW A DISTANCE OF. 14610 FEfE�T; THENCE 1437'15'00'1V A DISTANCE OF 456.8$ FEE% A DISTANCE OF 445.44 FCC TO THE,PQINTT OFF B 1NIN0, NS$'+l$`DU"E SAID PARCEL OF LAND CONTAINING 4,273 ACES, MORE OR LESS HIGH COUNTRY ENGONEI RWS,INC. 3!�yB��, -- '`•` ' _ _ I01 SOW= OA9, L1.ft A1AY 70A014004010910O0 8111 L.EAIEU iocHINITA amono.b COW CT'ATCCKCGWnARO 7 froargrA clKNFINH ).mootcs No; �f8160isai CFI yaw 11.718 ► i ;Voomplaeif7fi0a70H owsit60/OAAWO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Wednesday, the 14th day of August, 2013, there were present: Bob Fullerton John Kuersten Cheryl Chandler Michelle Foster Greg McKennis - absent Steven Damm Sean Martin Eric Rudd Greg Shaner Michael Sullivan - absent Carey Gagnon Becky Wheelersburg Commissioner, Chair Commissioner, Vice Chair Commissioner, Secretary Commissioner Commissioner Commissioner Commissioner Associate Commissioner Associate Commissioner Associate Commissioner Assistant County Attorney Clerk to the Planning Commission when the following proceedings, among others were had and done, to wit: RESOLUTION NO. PC 2013 - 04 A RESOLUTION CONCERNED WITH THE LOCATION AND EXTENT, PURSUANT TO C.R.S. § 30 -28 -110 FOR THE INSTALLATION OF A PRIVATELY OWNED PUBLIC UTILITY (COMPRESSOR STATION) ON 4.237 ACRES LOCATED WITHIN A 355.22 ACRE PROPER- TY OWNED BY THE J & S NIESLANIK, LLLP LOCATED NW1/4 NE1/4 OF SECTION 3, TOWNSHIP 7 SOUTH, RANGE 88 WEST, 6TH PM, GARFIELD COUNTY, COLORADO. (CASE NO. LAEA 7617) PARCEL NO.: 2187- 344 -00 -159 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. Pursuant to law, the Board of County Commissioners of Garfield County has ap- pointed the Garfield County Planning Commission. C. J & S Nieslanik, LLLP (the "Applicant ") has applied to the Planning Commission as Case No. LAEA 7617 (the "Petition ") for a location and extent review for the installation of a privately owned public utility (compressor station) on 4.237 acres located within a 355.22 acre property owned by the J & S Nieslanik, LLLP for a compressor station. The privately owned public utility is to be owned by Rocky Mountain Natural Gas, LLC. The affected property is more fully described and shown on the attached Exhibit A. 4 D. Pursuant to Section 4 -110 of the Garfield County Unified Land Use Resolution of 2008, as amended ( "ULUR "), and C.R.S. § 30- 28- 110(1)(a) the Planning Commission is re- quired to review the proposed location and extent of a public utility to determine whether the compressor station conforms with the County's Master Plan. E. In accordance with state law, the Planning Commission has adopted a Master Plan. The Master Plan applicable to this Petition is the Comprehensive Plan 2030, as amended ( "Comprehensive Plan "). F. The Planning Commission opened a public hearing to consider the Petition on Au- gust 14, 2013. G. The Planning Commission closed the public hearing on August 14, 2013 to make a final decision. H. The Planning Commission, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. Proper notice of the public hearing on the Petition was provided as required by Table 4 -102 of the ULUR. 2. The Planning Commission determined that the project conforms to the Com- prehensive Plan. 3. The findings of the Planning Commission were communicated to the Appli- cant. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of Garfield County, as follows: 1. The foregoing Recitals are incorporated by this reference. 2. That portion of the location and extent is described and shown on Exhibit A attached hereto. 3. The location and extent request for the privately owned public utility (compressor station) is approved based on the Applicant's representations. DATED this day of , 2013. PLANNING COMMISSION OF GARFIELD COUNTY, COLORADO By: Bob Fullerton, Chairperson 5 ATTEST: Cheryl Chandler, Secretary Garfield County Planning Commission Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Bob Fullerton , Commissioner, Chair — aye /nay John Kuersten , Commissioner, Vice Chair — aye/nay Cheryl Chandler , Commissioner, Secretary — aye/nay Michelle Foster , Commissioner — aye /nay Greg McKennis , Commissioner -- aye /nay Steven Damm , Commissioner — aye/nay Sean Martin , Commissioner — aye /nay Eric Rudd , Associate Commissioner — aye/nay Greg Shaner , Associate Commissioner — aye/nay Garfield County Planning Commissioners 6 Exhibit A — Legal Description LEASE ARE"EXHIRJT.,, 1 'RIFLE TO AVON COMPRESSOR SITE SBCTJON 3, TOWNSHIP 7 SOUTH, RANDS UMW OF THE 6TH P.M. • COUNTY OPO L�QARPIE�, STALE OF COLORADO A wry . 1 • _. , MOON 3 Ltd" CORNER 1-NORTH Ufa 61` eh SECTION ' DI# II A4 GAP' NE CORN SEO ON 3 3114 MLl! . CAP A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SEOT1ON 3, 1OVNSHIP 7 SOUTH, . RANCE OS WEST OF THE SIXTH PRINCIP L RIDIAN, COUNTY OF 4 EL.0 STATE OF COLORADO; SAID PARCEL OF LAND KENO MORE PARTICULARLY DESCRIBED AS FOLLOW& COMMETialNG AT 7>•1E NORTHEAST CORNER Cr SAID SECTION 3, A 3 -1/4" ELM ALUMINUM CAP IN PLACE THENCE S1W231371N A DISTANCE OF 1088.00 PEET IC THE PONE, F SEfllNNINO; THENCE SO013'lO'E A DISTANCE OF 536,00 FEET; THENCE SOINS1bO'W A DISTANCE OF , •46.70 FEET] THENCE N37'26'OB'W A DISTANCE CF 468.66 FEET; THENCE 110715'57V A DISTANOEE OF 594,71 PEET; THENCE N8W46'30''E A DISTANCE OF 44144 FEET TO THE POINT OF 6ECINNINS, SAID FARCE. OF LAND CORTAANINO 4.273 AOR SI MORE OR LESS 7