HomeMy WebLinkAbout1.0 Resolution 2005-531'11111! 111111t1Mtl111111 iii! ' 11111 IE1I11 111 111111111!111111Ji1.,�1111111 I{1{ 11!111 !1111111111 111!
677528 07/06/2005 09 :41A 81703 P885 M RLSDORF 679760 08/09/2005 10:06A 01714 P918 M RLSDORF
1 cif 12 R 0.00 D 0.00 GARFIELD COUNTY CO 1 of 12 R 0,00 D 0.00 GARFIELD COUNTY CO
STATE OP COLORADO)
)ss
County of Garfield )
At a regular meeting of the Board of County Comnussioners for Garfield County, Colorado, held in the
Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 5th of day of
July, 2005, there were present:
John Martin , Commissioner Chairman
Larry McCown , Commissioner
Trhsi Ho! pt , Commissioner
Don DeForii , County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green , County Manager
when the following proceedings, others were had and done, to -wit:
gP g� amon g
RESOLUTION NO. $40-5-3— 0 a 5 — 53
A RESOLUTION CONCERNED WITH AMENDING THE GARFIELD COUNTY ZONING
RESOLUTION OF 1978 BY AMENDING ZONE DISTRICT TEXT AMENDMENT TO ADDING
SECTION 9.07, DEVELOPMENT PLAN REVIEW FOR PIPELINES AND SECTION 2.02.431,
PIPELINE AND ADDING THE TERM "PIPELINE SUBJECT TO REVIEW AND APPROVAL PER
PROCEDURE AND REQUIREMENTS OF SECTION 9.07" TO SECTIONS 3.01.01, 3.02.01, 3.07,01,
3.10.01, USES BY RIGHT, 3.10.02, USES BY RIGHT, 3.10.03, USES BY RIGHT AND 3. 10.04, USES
BY RIGHT, DELETING THE TERM "PIPELINE" FROM SECTIONS 3.01.03, 3.10.01 USES,
CONDITIONAL, 3.10.02 USES, CONDITIONAL, 3.10.03 USES, CONDITONAL AND 3.10.04 USES,
SPECIAL.
WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of Garfield County,
Colorado, adopted Resolution No. 79 -1 concerning a Zoning Resolution for the County of Garfield, State of
Colorado; and
WHEREAS, the Board is authorized by the provisions of Sections 30-28 -109 through 30-28 -116, C.R.S.
1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so
amended the said Resolution; and
WHEREAS, on December 16, 1991, the Board adopted a codified version of the Garfield County Zoning
Resolution of 1978 and all subsequent amendments; and
WHEREAS, on April 13, 2005, the Garfield County Planning Commission recommended approval of the
proposed text amendments;
WHEREAS, a public hearing was held on the I3a' day of June 2005, before the Board of County
Commissioners of Garfield County, Colorado, at the Commissioners meeting room, S uite 100, Garfield County
I l #VIII #1111 #il #III #I #11 ! #111 I[`'' ' #f III gum I # #' 1 111111 11111 11111111P-11111 ' 1111 111111111 11111 1111 «L
677528 07/96/2005 09:41A 81/03 P887 N ALSDORF 3 of 12 R 0,00 0 0.00 81714 P920 COUNTY CO
3 of ,12 R 0.00 0 0.00 GARFXELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
John Martin , Aye
Larry McCown , Aye
Tr6si Houpt , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex- officio Clerk of the Board of County
Conunissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 2005.
County Clerk and ex- officio Clerk of the Board of County Commissioners
1 I 11111111I1111111111111 ,1ill 11111111 I111 III 111E11111 111111 1111 ell Ill! 1111111 11111 Ill 111
677528'07/06/2005 09:41A 81703 P889 M ALSDORF 679760 08/09/2005 10:06A 81714 P922 11 RLSDORF
5 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO 5 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO
9.07.04 Development Plan Submission: The applicant shall submit eight copies of the
proposed development plan with the completed application form to the Planning
Director. The following information must be submitted with a development plan
application:
(1) A vicinity map indicating the section, township, and range of the site, and its
relation to surrounding public roads and municipal boundaries.
(2) Project Overview: a description of the project including the length of the
pipeline, diameter of the pipeline, pipeline commodity. and the general
description of the pipeline route.
(3) Ownership
A. For individual right -of -way, a diagram showing adjacent properties and
the approximate location of buildings and their uses within a distance of
350 feet of any proposed structure, facility, or area to be disturbed. This
may be drawn at a smaller scale than the site plan.
B. For an area plan, the map will show the properly boundaries and
ownership information for all private and public property included in the
development area.
(4) Evidence of surface owner notification and of surface agreements where the
surface owner is not a party to the mineral lease.
(5) Need for Proposed Action: a statement of the reason for the pipeline
(6) Regulatory Permit Requirements: ( tablee jitdicating the permit agency
name, permit/action driving task and the task to be performed to obtain the
permit.
(7) Primary Project Participants: Include th names, address and phone
numbers of the company representative, company and individual actsng as an
agent for the company, construction company contacts, federal and state agency
contacts
(8) Project Facilities: Identify any permanent project facilities such as
permanent right -of -way, widths, meter stations, valve sets, etc. Also indicate any --
temporary right -of -way, width during construction, construction facilities, etc..
(9) Construction Schedule: indicate the estimated start and end dates for
construction, days of the week in which construction will occur, hours of day
during which construction will occur.
V
(10) Sensitive Area Survey: List the types and areas of concern along the'c.�`�
pi eline ri ht-of -way, such as: sensitive plant populations, cultural. 1'r
Jcheo]ogicalypaleontological resources and wetlands identified during pre- '')'v,;
construction environmental surveys, if applicable.
11111111111111Ii111111111111111111 t1i�r 1111111111111111 111{II 111111111111 i�.1 }1111 I �I 111111111 II �ii lit
577528.07/06/2005 09!41P B1703 P891 h ALSDORF 7 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO
7 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO
(17) liydrotest Water. indicate the quantity of water required, source of water
and the disposition of the water after testing.
9.07.05 Referral and Review by Planning Director: The Planning Director will
coordinate the review of the development plan application. Upon the filing of a
complete application for development plan review, the Planning Director shall
promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor,
Vegetation Management and Engineering Departments; the app. priate fire
district or County Sheriff; the surface owners of an\individuar i line
development plan; and any adjacent municipality for comment.
(1) Referral comments on the proposed development shall be returned to the
Planning Director no Iaer than 18 days from the date of application for an
individual site application and 30 days from the date of application for an area
development plan.
(2) In addition, the
e • ate
a
pli cant hall notif the ' ro - rt owners within 00 feet of
s
- I,. 1 • •
icant. A sign will be posted on the portions of the route crossing or adjacent
to a public road within seven days after receiving the application for an
individual development plan review. Both the notice and the sign shall indicate
that a development plan review application has been made, and the phone
number of the Planning Department where information regarding the application
may be obtained.
The applicant shall notify all property owners within 200 feet of the outside
boundary of an area development plan and post a sign at the intersection of each
public road entering the area within seven days after receiving the application for
an area development plan review. Both the notice and the sign shall indicate that
a development plan review application has been made, and the phone number of
the Planning Department where information regarding the application may be
obtained.
(3) Any dettermination by the Planning,Director to a.•rov onditionaliy
,Approve aelopment plan application` must be in writing and mailed or
otherwise provided to the applicant no later than 28 days for an individual
pipeline development plan or 60 days for an area pipeline development plan,
after the date on which the development plan application is filed. Failure to make
a determination on the application within this time period shall result in the
application being considered approved and the applicant's building permit or
access, or other permits being processed.
9.07.06 Development Plan Review Standards and Criteria for Approval: A development
plan shall be approved or conditionally approved in accordance with the
fo!Jowing standards and criteria.
(1) Right -of -way and any associated facilities shall be located along the
perimeters of surface property ownerships and not within areas of agricultural
crop production as a general guide; Non - perimeter locations will be acceptable
if the surface owner agrees and there is no adverse impact on adjacent properties.
(111111111111111111111111111111 IIB�i 111 11111 1111 1111 111111111111 1111111 ILI All 1111 11111 111 111111111111
677528 07/06/2005 09 :41A B1703 P893 M ALSDORF 679760 08/09/2005 10:068 B1714 P926 M ALSDORF
9 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO 9 of 12 R 0.00 R 0.00 GARFIELD COUNTY CO
(5) In no case shall an operator engage in activities which threaten an
endangered species.
(6) Air contaminant emissions shall be in compliance with the applicable permit
and control provisions of the Colorado Air Quality Control Program, Title 25,
Resolution 7, C.R.S..
(7) All operations shall comply with all applicable State Public Health and
Environment, Water Quality Control standards.
(8) Any proposed waste disposal or treatment facilities shall comply with all
requirements of the County Individual Sewage Disposal System Regulations,
(9) The proposed reclamation plan shall provide fora reasonable reclamation
schedule in light of the specific surface use and surrounding and uses, and may
require recontouring and revegetation of the surface to pre - disturbance
conditions. The Planning Director may also approve a plan for an alternative
postdisturbance reclamation, provided the surface owner and the applicant agree,
and the plan is in harmony with the surrounding land uses and the
Comprehensive Plan.
(JO) Should an abandoned pipeline be removed, it will be subject to the original
revegetation and weed management requirements in the original application.
9.07.07 Conditions of Apnroval
(1) If the Planning Director finds in reviewing a development plan application
that the application meets the applicable standards set forth above, the Planning
Director shall approve the site plan, and the applicant may continue the
processing of the building or other associated County permit applications, or
otherwise engage in the construction of the proposed pipeline.
(2) If the Planning Director finds that the application does not meet an applicable
standard or standards, the application shall be approved with appropriate
reasonable conditions imposed to avoid or minimize the significant adverse
impacts of the development. Such conditions mey include, but are not
necessarily limited to, the relocation or modification of proposed access roads,
facilities, or structures; landscaping, buffering, or screening; posting of adequate
financial guarantees; compliance with specified surface reclamation measures; or
any other measures necessary to mitigate any significant impact an surrounding
properties and public infrastructure.
(3) Once the Planning Director issues a determination on the development plan,
the determination shall not be final, and no permit based upon the determination
shall be issued, for 14 calendar days after the date of the determination, in order
to allow time for the applicant to appeal, or for the Board of County
Commissioners to call up the determination for further review, pursuant to
Sections 9.07.08 and 9.07.09 of this Resolution. The Planning Director's
determination shall become final, and permits applied for in accordance with the
determination may be issued, only after the expiration of this I4 -day period, and
111M 11111 1111111 11E111111 11111 �l�f� 111 I1II1i 1111111 111111111011111111111. all III 111
677528 07/06/2005 09:41A 81703 P895 M ALSDORF 679760 08/09/2005 10:06A D1714 P828 M PLSDORF
11 of 12 R 0.00 D 9.00 GARFIELD COUNTY CO 11 of 12 R 0.00 D 0.00 GARFIELD COUNTY CD
regular meeting to make a determination as to whether or not the Planning
Director's determination should be reviewed..
a. The Board shall review the Planning Director's determination at a public
hearing held as soon as practical after the Planning Directors determination.
Prior written notice of the hearing shall be provided by the Planning Director
to the applicant and to surface property owners having agreements with the
applicant, and shall be published as part of the Board's agenda in a
newspaper of general circulation in Garfield County.
(3) At the public hearing, the Board shall consider evidence related to the
Planning Directors determination which may be presented by County staff, the
applicant, or interested members of the public. The Board shall not be limited in
their review to the subject of the call -up, but may review any aspect of the
development plan application. Based upon this evidence, the Board may affirm
the determination, or alter, delete, or add conditions of approval, in accordance
with Section 9.07.06 of this Resolution. No County building, grading, access or
other permit shall be issued, or the applicant otherwise allowed to proceed with
the operation, until the Board acts on the Planning Director's determination at the
public hearing, and approves the development plan with or without the addition
or modification of conditions.
9.07.10 Effect of the Approved Development Plan: After approval of a development plan
for a pipeline, the applicant shall be entitled to have processed any necessary
building, grading or access permits or to otherwise proceed with the proposed
operation. The approval of a development plan by the Planning Director or Board
of County Commissioners does not result in the vesting of development rights,
nor does it permit the violation of any County or state regulations or preclude the
County Building Official or Road & Bridge Department from refusing to issue a
permit if the plans and specifications do not comply with applicable County
regulations.
9.07.11 Inctions/Certifications: The applicant shall provide the telephone number of a
contact person who may be reached 24 hours a day for purposes of being notified
of any proposed County inspection under this Section. Any site under an
approved development plan may be inspected by the County at any time, to
ensure compliance with the requirements of the approved development plan,
provided that one hour's prior notice is given to the contact person at the
telephone number supplied by the applicant. Calling the number (or leaving a
message on an available answering machine or voice mail service at the number)
at least one hour in advance of the proposed inspection shall constitute sufficient
prior notice if the contact person does not answer. The approved development
plan shall he considered to grant the applicant's implied consent to such
inspections and right of entry by County representatives.
Upon completion of any pipeline, the applicant shall submit a statement from a
licensed Professional Engineer in the State of Colorado certifying the completion
of the project and include a digital copy of the surveyed pipeline as- built.
9.07.12 Enforcement