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HomeMy WebLinkAbout2.0 Staff ReportREQUEST: OWNER: LOCATION: PC 1/10/90 PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for a Commercial Park. Eastside Energy Corporation A tract of land located in portions of the N 1/2 Section 8 and NW 1/4 Section 9, T6S, R92W; more practically described as a tract of land located approximately one (1) mile west of Silt on the south side of State Highway 6 & 24. SITE DATA: A 58.59 acre site. WATER: On-site wells. SEWAGE: On-site sewage disposal. ACCESS: State Highway 6. EXISTING ZONING: A/I ADJACENT ZONING: North: A/R/RD A/I A/I A/I South: East: West: I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The proposed commercial park is located in portions of District A, the Silt Urban Area of Influence and District D, Rural Areas/Moderate Environmental Constraints. An Urban Area of Influence is an area identified in 1981, as a potential area for inclusion within an incorporated area. The basic goal identified in the Comprehensive Plan is to ensure that development occurring in the County which will affect a municipality is compatible with the future urbanization plans of the appropriate jurisdiction. Some of the applicable objectives and policies under the Urban Area of Influence goal are: 3. 4. Ensure that community service levels are maintained after new development occurs in an Urban Area of Influence. Development in an Urban Area of Influence will have streets that are compatible with the municipal street system. -/- 3. The County will require new development to contribute to any community services that will be adversely im- pacted by the project, so that current levels of ser- vice are maintained. 4a New development will be ex- pected to design a street system that will meet the the affected municipalities street standards for con- struction and right-of-way width. 4b It will be the responsibil- ity of the developer to im- prove any road or roads that will become inadequate as a result of the traffic generated by the develop- ment. Some other applicable goals, objectives and policies are as follows: Environment 3. Discourage new development that 3. The County will require major development pro- posals to evaluate their impact on the County air and water quality and may require mitigation of any identified major impacts. ··~ cannot mitigate major air or water degradation that will be a result of the proposal. Encourage development in areas 9. with the least environmental constraints prior to lands with greater physical limitations. The County will encour- age the development of land with minor or no environmental con- straints, prior to the dev~lopment of land with severe or moderate env- ironmental constraints. Water and Sewer Services 1. Development in rural areas without 1. existing water and sewer service available is encouraged to make provisions for water and sewer improvements that will not be an economic burden to County taxpayers. Transportation 9. Direct potentially conflicting 9. types of traffic such as commercial and local commuter traffic to roadways capable of handling both types of traffic. Industrial/Commercial 3. Encourage commercial development to 3a locate in areas conducive to safe traffic flow, which minimizes vehicular movement. II. DESCRIPTION OF THE PROPOSAL New development propos- als in rural areas with- out existing central water and/or sewer ser- vice will be required to show that legal, ade- quate and dependable water and sewage dispo- sal facilities can be created prior to final development. Heavy industrial, com- mercial and intensive recreational traffic should not be directed to residential collector local and farm-to-market rights-of-way. Commercial vehicular movement should be con- centrated along major roadways. A. Site Description: The proposed project site is located on a bench sitting approximately 50 feet above the Colorado River between State Highway 6 and the river. Much of the native vegetation has been removed to allow for agricultural activities. The site also includes river bottom lands. B. Project Description: It is proposed to develop a commercial park with a unit coal train loading facility, coal gasification unit, a carbon production unit, a methanol production unit, a 98 megawatt power plant, a fertilizer production unit and greenhouses. Water will be provided from on-site wells, springs and the Cactus ~alley Ditch System to provide drinking and sanitary water, fire protection water, agricultural water and production/process water. The process, agricultural and drinking/sanitation water is to be recycled within the project. A 10,000 GPO sewage treatment plant will be used to process an estimated 4,250 gallon GPO of effluent, a 50,000 GPD water treatment plant is proposed to treat the water from the sewage disposal plant and process water system. Fire protection is proposed to be provided by fire hydrants on-site, along with an additional fire engine and snorkle truck stored on-site. Plant personnel will be trained in fire fighting, to help supplement local volunteer fire fighters. -2- Access to the site is from State Highway 6, with proposed acceleration and deceleration lanes and railroad crossing signalization. Railroad siding will be added to the site to allow for the unit train loading and the transport and delivery of other products to and from the site. There will be 100 to 190 employees during construction and 150 permanent employees once the project is completed. The increased employment base will result in an increase in 60 round trips per day at the plant site and an estimated 22 round trips per day at the Eastside Coal mine in Harvey Gap. Coal hauling is estimated to be 55 trips per day, 10 hours per day, Monday thru Friday. There will be an estimated 25 trips into the plant site from vendors. III.MAJOR ISSUES AND CONCERNS A. Zoning: The project property is zoned Agricultural/Industrial (A/I). This zone district is essentially an agricultural and residential zone district. The industrial uses are special uses, which are uses that may be allowed subject to special review. Further, all industrial uses are subject to specific performance standards and additional review as contained in Sections 5.03.07 and 5.03.08. Section 5.03.07(4) gives the Board of County Commissioners the ability to request additional detail, which was done in a letter dated December 18, 1989, but not received until December 26, 1989. (See enclosed letter, pages f-11 ) The responses to these questions will be discussed further on, in the Staff Comments. B. Other Agency/Individual Comments: 1. Public Service Company of Colorado has committed to a 230 kv powerline alignment that parallels the existing 345 kv Western Area Power Administration (WAPA) line that heads south from the site. A letter will be presented at the Planning Commission meeting. 2. Colorado Department of Health Air Quality and Water Quality staff in Grand Junction have reviewed the initial application submitted to the County. Their basic comment is that if the more detailed engineering required for the State permits is consistent with the general descriptions in the County's land use application, Eastside Energy should be able to obtain the necessary permits for operating the equipment. 3. The Town of Silt has not submitted any formal comments at this time, but will be providing comments to the Planning Commission at the meeting. One verbal comment noted a concern about the need for acceleration and deceleration lanes at the State Highway 6 and Miller Lane (C.R. 227) intersection. 4. Garfield Economic Development has sent a the proposed project. (See letter, page C. Staff Comments: letter %"' ) supporting 1. As noted previously, the County sent a letter to Eastside Energy's representatives at .Superior Western Corporation requesting additional detail regarding various issues. The Board and Planning Commission members received a copy of the responses on January 3, 1990. The subsequent staff comments will address those responses, as appropriate. 2. The supplemental information provided by the applicant has listed the dimensions of all buildings. The buildings range in height from 14 ft. to a maximum of 80 ft. in height for the power plant building. The maximum building height in the A/I zone district is 40 feet. Building height -3- limitations may be exceeded by special use permit. The statements made in the application are binding and any increase in heights above those identified will result in an amended application with the same hearing process. 3. As a visual mitigation for the structures, it is proposed to develop a vegetative screen around the perimeter of the project. It will take 8 to 10 years for the full growth that will provide a 50 ft. high visual buffer six to seven months a year and a 20 ft. high buffer year around. Prior to issuing any permits, a site specific landscape plan should be submitted to the County identifying the specific location and trunk diameter of all vegetation to be added as landscaping and there should be a commitment to maintain the site in a weed free state. 4. It has been stated that there are 100 mobile home spaces available at Battlement Mesa. Verbal comments from Battlement Mesa indicate that there are over 100 vacant mobile home spaces at the present time, but they have no intention of leasing the spaces to outside parties for placement of mobile homes. This could result in more interest in filling vacant mobile home spaces in the Rifle area, which will, in turn, affect the RE-2 School District's classroom capacity in their elementary and middle schools. The recent increase in school population in the Rifle/Silt area has not been typical and has created the immediate problem. If arrangements cannot be m:ade with Battlement Mesa for housing, it would be appropriate for Eastside Energy to enter into discussions and, ultimately, a written agreement to mitigate impacts to the RE-2 facilities. (See attached page /J, >-!;? ) 5. Further verbal representations from Eastside Energy representatives indicate an intent to run 10 hours a day with four to five tractors with 30 ton aluminum trailers, five days a week. The 55 trips a day, would meet the 400,000 tons/year demand of the generating plant. The estimated one million tons per year would require approximately 125 trips per day. At this time, there is no agreement on the physical improvements necessary and the location of those other structural/alignment alterations that need to be made. A written agreement between the Board of County Commissioners and Eastside Energy needs to be in place prior to signing a special use permit that is based on the tonnage and numbers of trips per day proposed by Eastside Energy. Coal hauling times need to be coordinated with the RE-2 School District bus routes and times, to avoid any conflicts. Additional channelization of State Highway 6 and Miller Lane should be proposed subject to the Colorado Department of Highways. 6. Water rights noted as available for the project are presently decreed for residential irrigation and livestock water purposes. The change in beneficial use to commercial/industrial applications will probably require a court decree which may take a number of months. Either a letter from the State Division of Water Resources verifying the legal right to use the water rights for the industrial/commercial purposes proposed or a water court decree approving the change in beneficial use should be submitted to the County prior to issuance of any special use permit. 7. The proposed sewage treatment facility will require a Colorado Department of Health Sewage Treatment facility site application. The site application requires the Garfield County Planning Commission, Board of County Commissioners and Board of Health to review and make comments on the application. This will require a copy of the site specific engineering to be submitted. Prior to issuance of a special use permit, the site application should be approved. -1/- 8. The Eastside Coal mine will have to revise their MLRB, Department of Health and County Special Use permit to mine any amount of coal over the presently permitted 200,000 tons per year. Otherwise, there is no guaranteed supply of coal confirmed other than reference to other sources. Either the Eastside Coal mine permit should be modified to allow for a minimum of 400,000 tons per year or confirmation from other sources that they will provide the identified amounts of coal prior to issuance of a special use permit. 9. The proposed bank stabilization plan will require a separate floodplain special use permit in addition to the Clean Water Act, Section 404 permit if any portion of the structure is within the 100 year floodplain. Further definition of the proposed revetment needs to be provided prior to any construction of the structure. 10. Prior to issuance of a special use permit, copies of Colorado Department of Health, Department of Highways Denver Rio Grande Railroad permits/agreements should provided to the County all and be 11. The proposed reclamation plan should be expanded to include cessation of activities along with more detail as to how it will be accomplished. IV. SUGGESTED FINDINGS 1. The application has been filed in accordance with Section 5.03 of the County Zoning Regulations. · ~ 2. That the proposed special us:vJ1.s not compatible with existing land uses in the area. /" 3. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 4. That for the above stated and other reasons, the proposed special use is not consistent with the best interests of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of Garfield County. V. RECOMMENDATION If this application is approved, conditions of approval should be met: at a minimum, the following 1. All representations of the applicant presented either in the application, as amended, or at the public hearing shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. Prior to issuance of the Special Use permit: A. A Special Use permit for a 230 kv powerline as proposed be approved by the Board of County Commissioners. B. A Special Use permit for the Eastside coal Harvey mine modification to allow for mining operations the 200,000 tons per year. Gap coal exceeding C. Copies of all state and federal permits/licenses be provided to the County. D. Approval from the Department of Highways for channelization of the State Hwy. 6 and Miller Lane (C.R. 227) intersection and the State Hwy. 6 and project entrance. Further, that no Certificates of Occupancy be issued until the identified highway improvements are completed. -5'- : E. A letter from the State Division of Water Colorado Water Court decree stating that the for the property are valid for commercial/industrial operations. Resources or a water rights the proposed F. A road improvement agreement be signed by the Board of County Commissioners. G. Copies of the licenses/agreements with the Denver Rio Grande Railroad for additional siding and rail right-of-way crossing. 3. The applicant shall prepare and maintain, at the project site, an emergency disaster/evacuation plan for construction and operation. Eastside Energy shall, also, establish written procedures for notice and communication of an emergency or disaster to the Garfield County Emergency Management Director and all other government entities which may be affected by an emergency or disaster at the site. The procedures for notice and communication shall be approved by the Board of County Commissioners. 4. Eastside Energy shall the Board of County operation activities exceeding one month. submit a notice Commissioners are suspended of cessation of activity to any time construction or for any period of time 5. Prior to issuance of the special use permit, Eastside Energy shall prepare and submit a Plan for Decommissioning of Facilities acceptable to and approved by the Board of County Commissioners. The Plan for Decommissioning of Facilities address both permanent and temporary cessation shall additionally include, at a minimum: A. A description, time schedule, and decommissioning procedures; and shall adequately of activities and sequence of B. A listing of regulatory agencies requiring notice of the commencement of decommissioning activities. c. The applicant is responsible for site reclamation or rehabilitation activities. To the extent reclamation or rehabilitation activities are not required by any state or federal permitting agency, the applicant shall have a period not to exceed two years from cessation of such operations or actions, to prepare and implement site reclamation or rehabilitation in accordance with a reclamation and rehabilitation plan found acceptable by the Board of County Commissioners. The Board of County Commissioners may require the submittal of acceptable financial security for such reclamation or rehabilitation activities prior to issuance of any special use permit. The express purpose of such financial security is to assure the performance of adequate site decommissioning and reclamation. The form and amount of said financial security shall be determined by the Board of County Commissioners but shall not, in any event, exceed reasonable security amounts commonly required for similar purposes. 6. If, pursuant to Section 9.01.06 of the Garfield County Zoning Resolution, the Board of County Commissioners determines that a violation of a condition of approval of a special use permit, authorized herein, has occured, the Board may suspend or terminate said special use permit per the provisions of said section 9.01.06. -& - 7. Eastside Energy shall substantially comply with conditions imposed by permits issued by other government agencies. Compliance shall be determined solely by any issuing government agency, and the County shall not consider the question of noncompliance under this condition until a violation is determined to have occurred by such agency. Eastside Energy shall advise the County of any determination of violation within ten (10) days of the time Eastside Energy is advised of any such violation. Such determination of violation may be considered by the Board at any time. Action may be taken at such time in the manner of a public review under the provisions of the Garfield County Zoning Resolution, as then in effect. In the event the Board determines that a violation adversely effects the health, safety or welfare of the population of Garfield County, the Board may require that the permitted operation be brought into compliance within a specified time period, and the pertinent County special use permit may be suspended or revoked if the operation is not brought into compliance within the time period allowed. -7-