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HomeMy WebLinkAbout6.0 Director's Call Up 10.29.2012Garfield County BUILDING & PLANNING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: October 29, 2012 SUBJECT: Director's Call-up Patterson — Encana Subdivision Exemption Administrative Review (File MIEA-7328) On October 29, 2012, the Director of the Building and Planning Department issued a Director's Determination for a Call -Up to the Board of County Commissioners of the Patterson — Encana Subdivision Exemption Administrative Review request. The Applicant has requested a waiver from the water supply standards contained in Section 7-104 of the Unified Land Use Resolution of 2008, as amended (ULUR). This call-up will allow the Board to discuss the issue of a potable water supply for a proposed subdivision for an existing industrial activity that does not utilize water for operations. This call-up request has been reviewed with the County Attorney's Office. Referral comments and public comments on the Application have been received. Comments from a neighboring property owner have also requested call-up for review by the Board. The Call -Up by the Director is being processed in accordance with Section 4-104(A)(8) of the ULUR which calls for the Director to place the Administrative Review request on the earliest available scheduled meeting agenda of the Board of County Commissioners to determine if a public hearing would be required. In accordance with the ULUR we have placed this item on the next available Board of County Commissioners agenda, Monday, November 5, 2012, at 1:00 p.m. This agenda item will be for deliberation on whether a public hearing before the Board of County Commissioners would be required. Included in the Board's packet is the following information: • Director's Determination Letter • Public Comments • Referral Comments • Preliminary Staff Report • Photographs from the Site Visit by Staff Building and Planning Department Staff and the County Attorney's Office will be available at the public meeting to answer any questions regarding the Application, Director's Determination, the Call -Up process and Waiver Request. The Applicant has been advised of the public meeting and the Director's Determination. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 Garfield County October 29, 2012 BUILDING & PLANNING DEPARTMENT Georgia Kofoed Encana Oil and Gas (USA) Inc. 370 17th Street, Suite 1700 Denver, CO 80202 RE: Director's Call-up Patterson — Encana Subdivision Exemption (File MIEA-7328) Dear Georgia: This letter is in regard to the Minor Subdivision Exemption Application you have submitted on behalf of the Power, Patterson, and Tipping ownership, located at 318 County Road 300, Parachute, CO 81635 (also known by Assessor's Parcel No. 2409-342-00-108). Your Application is being processed in accordance with Section 4-104 Administrative Review Process of the Garfield County Unified Land Use Resolution of 2008 as amended (ULUR). Said provisions require a Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, deny, or call-up the request for review by the Board of County Commissioners. A decision is herby issued regarding your Application for administrative review of a Subdivision Exemption to create a 10.7 acre parcel out of an overall 222.7 acre tract. The Director's Decision is to call-up the Application for review by the Board of County Commissioners in accordance with Section 4-104(A)(8). Said call-up review is due to the need for waivers from requirements of the ULUR including but not limited to provision of a water supply plan and demonstration of a legal and physically adequate domestic water supply. Other waivers may also be needed for ULUR provisions such as roadway standards and compatibility issues have been raised by an adjacent property owner. In the case of a Director call-up the ULUR provides that "the Director shall place the administrative review on the earliest available scheduled meeting agenda of the Board of County Commissioner's to determine if a public hearing would be required." We have added to the Board's November 5th agenda, a discussion of whether to schedule a public hearing for the Board of County Commissioners formal consideration of your Application. 108 Eighth Street, Suite 4011 Glenwood Springs, CO 81601 (970) 945-8212 o Fax: (970) 384-3470 Please contact Glenn Hartmann, Senior Planner at the Building and Planning Department Offices (970-945-8212) if you have any questions regarding this Director's Call-up or the Board of County Commissioner's upcoming meeting. Sincerely, Fred Jarman, AICP Director, Garfield Coun uilding and Planning Department cc: Board of County Commissioners Carey Gagnon, Assistant County Attorney 2 October 26, 2012 Garfield County Planning Fred Jarmen Glenn Hartman Dear Sirs: We are writing this letter regarding an application for a Minor Subdivision Exemption on a parcel of property that surrounds our residential home at 0704 County Road 300. We wish to voice our concerns about the property that is in the application as well as properties that adjoin it and how they affect our property now, as well as in the past. We respectfully request that this request be called up to the next level, a process described to us in a meeting with Glenn Hartmann on October 23rd. We feel we can provide information on the existing use and history of this property. We have owned our property since 1985. When we purchased this property it was surrounded by old hay fields and a small lake from an earlier gravel pit operation. We leased the hay ground and raise hay and pasture for several years. Then several years ago a new gravel pit operation started up, with no notice to us, which is still in operation today, and takes up probably at least 70% of the parcel in the application. We have endured the noise, dust and traffic for the duration of that time, they have a huge diesel powered pump to keep the water out of the pit that has run 24/7 for that entire time, it sounds like a huge bulldozer running at full throttle, and we can't have our windows open in the summer because of the noise and dust. We have asked them to do something to quiet it down, but nothing has ever been done. They encroached on our water well by digging the edge of the pit within 50 feet of our property line, when confronted with it they made a lot line adjustment to give us an additional acre of ground, and filled in the encroached area to adhere to their permit. There are two other properties that adjoin the property in the request that we feel should have an influence on any changes in the future. The first one is a triangular parcel west of the purposed lot # 1 next to County Road 300 at the railroad crossing. It has two Targe metal office/warehouse type buildings on it as well as a large storage yard which stores items related to the natural gas business including chemicals from what we can see and several additional lots to build future buildings. The second parcel is directly across the frontage road to the North and is a large commercial development with multiple tilt wall type buildings. We discovered in our meeting with Mr. Hartmann that the property north of the frontage had been rezoned recently to accommodate that development we assume, a very small rezoned area just big enough to put that development on. We were never consulted or offered the opportunity to comment or have any input as to the development or rezoning impacts on either of these parcels. They have created a huge impact on local traffic, noise and illumination at night. That said, the purposed lot # 1 has an existing large natural gas compressor station on it that is in operation and has been for several years. On lot #2 there is a finished gas well site between that compressor station and our property and a new pad to drill another series of wells on the east side of the compressor station. Between our house and County Road 300 on lot # 2, there is a commercial site for portable water pumping equipment that sen water for gas rigs to the south and west, as well as a ramp for getting water hauling trucks to the river to fill up. They set the portable equipment up for a week or two, tear it down and come in again in a month and do it again. All this development is accessed from our easement access off from County Road 300, and directly affects our access to our property, with all the water trucks and trucks and equipment related to the portable water pumping area there is constant dust, noise and blocking of our access, at times when leaving for work Ellen has been detained for up to 30 minutes. Think how it would affect emergency vehicles (ambulances and fire trucks) accessing out property in case of an emergency. The ramifications could be disastrous. Across the river to the south is land owned by gas companies and already has some gas wells developed on it. Making our little 2 Ac's completely surrounded by either developed industrial type property or gas wells. We understand that the request does not meet the requirements for potable water. I don't know what the requirements are for commercial or industrial but if the zoning remains rural, it needs potable water. To summarize we feel that we have not been involved in all this development to date and before there are any other changes to the property allowed by the planning department, that the zoning for all this property should not remain as is, rural or rural residential, but should be changed to properly address the existing and future uses to whatever commercial or industrial zoning is appropriate for what is there already as well as anything to build or developed in the future. Our property value as a nice quiet 2+Acs on the Colorado River with a nice home on it is completely destroyed. We feel it should be the responsibility of the parties involved with this request to change the zoning to accommodate the uses that they already are doing as well as anything they have planned in the future. There is no reason to leave the zoning as is. They are the ones benefiting not us. Thank you for your attention to this matter, and please contact us if you need any further information. Sincerely, Jim & Ellen De Kam PO Box 609 0704 C.R. 300 Parachute, Colorado. 81635 970-285-1448 October 25, 2012 Mr, Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC, Civil and Environmental Consulting and Design RE: Review of Patterson Subdivision Exemption: MIEA-7328 Dear Glenn: This office has performed a review of the documents provided for the Patterson Minor Subdivision Exemption Application. The submittal was found to be thorough and well organized. The fbIlowing comments were generated: . The application materials propose no water either legal or physical. Justification is given however it is a requirement of the ULUR and the size of the lot might preclude obtaining an exempt will in the future. 2. It is understood that there is an existing access in an easement. No information is given in the application if the existing access meets Garfield County standards. The Applicant should provide additional information on how the access compares to the roadway standards of Garfield County, 3. The Applicant should address if the parcel is within any floodplain designation. Feel free to call if you have any questions or comments. Sincerely, Mount i,n Cross Engine ring Inc. CTiris Hale, PE 82616 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945,5544 P.: 974,945.5558 www.mountaincross-eng.corn Glenn Hartmann From: Armstrong, Karlyn [karlyn.armstrong@state.co.us] Sent: Friday, October 19, 2012 3:33 PM To: Glenn Hartmann Cc: Alan Martellaro; Ben Krause Subject: Patterson (Tipping) Subdivision Exemption Comments from DWR Attachments: #9a Page 1 Subdivision Plat 7-18-12.pdf Glenn, We have completed a preliminary reviewed of the above referenced application to divide, by exemption, a 222.75 acre parcel into two lots; Lot 1 would be 10.75 acres and Lot 2 would be 211.99 acres. However, per the March 11, 2011 Memorandum to All County Land Use Planning Directors concerning the State Engineer's Recommendation for Certain Land Use Actions, a physical adequacy review has not been completed. The purpose of this division is to separate property that contains an existing compressor facility and a gravel pit site. No dwellings exist or are proposed. The applicant does not have a proposed water supply for either parcel, claiming that no water will be used on Lot 1; Lot 2 has existing wells that operate pursuant to a Substitute Water Supply Plan. This office has no objections to this application. So long as this division is completed as a Subdivision Exemption, it will not affect the applicant's eligibility for exempt well permits on the property. If you or the applicant have any questions, please contact me directly. Sincerely, Karlyn Armstrong, E.I.T. Water Resource Engineer State of Colorado, Division of Water Resources 1313 Sherman Street Room 821; Denver, CO 80203 office: 303.866.3581 x8275 1 fax: 303.866.3587 email: karlyn.armstrong@state.co.us 1 Glenn Hartmann From: Wyatt Keesbery Sent: Monday, October 22, 2012 8:51 AM To: Glenn Hartmann Subject: Patterson Subdivision Exemption (MIEA-7328) Glen, After looking at the proposed Exemption to subdivide a 222.7 acre parcel into two lots consisting of a 211.9 and a 10.7 acre piece, I have no objection to this moving forward. Of course if there is any further driveways, or utilities needed at this parcel, that are coming off, or through the county ROW, the proper permits are required from the Road and Bridge Dept. If there are any questions please feel free to call or email me at anytime. wyatt kvyattx Garfield County Road & Bridge 0298 CR 333A Rifle, Co. 81650 Office- 970-625-8601 Fax- 970-625-8627 Cell- 970-309-6073 1 Glenn Hartmann From: Robert Knight [ParaTA@parachutecolorado.com] Sent: Thursday, October 11, 2012 11:59 AM To: Glenn Hartmann Subject: M I EA -7328 Glenn Parachute is in favor of this application. Development to the west of town is our goal and we have been approached about annexing properties up toward the eastern boundary of this project. This will not occur anytime soon but is on our radar. Sincerely Bob Knight 1 October 12, 2012 GRAND VALLEY FIRE PROTECTION DISTRICT 0124 STONE QUARRY RD PARACHUTE, CO 81635 PHONE: 285-9119, FAX (970) 285-9748 Glenn Hartmann Garfield County Planning and Building Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Patterson Subdivision Exemption Mr. Hartmann, I have reviewed the Patterson Subdivision Exemption application. The Fire District doesn't have any objections to this exemption. It we need water to the location we will use the water sources we have fairly close by. The main source of water for our needs will come from the Colorado River or from a couple of static water tanks we have in the area. Even with the Fire Districts review of the plans and or business it is the responsibility of the owner to make sure the building complies with the International Fire Code 2009 Edition and all possible code requirements. If you should have any further questions please feel free to contact me. Rob Ferguson Deputy Fire Chief — Operations Cc: Chief Blair File Mission Statement We, the members oldie Grand Valley Fire Protection District, dedicate our efforts to the protection of the lives. property and environment of the citizens of, and visitors to the Grand Valley Fire Protection District Garfield County Glenn Hartmann Garfield County Building & Planning Department RE: Patterson Subdivision Exemption MIEA-7328 Vejietation ManaRentent October 29, 2012 Dear Glenn, Thank you for the opportunity to comment on this permit. Noxious weeds map & inventory Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. Of particular concern on this site are the invasive trees Tamarisk and Russia -olive Weed management plan Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0298 County Road 333A Rifle, CO 81650 Phone: 970-625-8601 Fax: 970-625-8627 Glenn Hartmann From: Ferah Jaura Sent: Monday, October 29, 2012 4:05 PM To: Glenn Hartmann Subject: M I EA -7328 Good Afternoon Glenn: In regards to this application, I have no environmental health related concerns at this time. Thank you for giving me the opportunity to comment. Best Regards, Ferah Jaura, REHS Environmental Health Specialist II Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 Phone: 970-625-5200 Ext. 8123 fjaura@garfield-county.com 1 Patterson — Encana Subdivision Exemption File MIEA-7328 Directors Determination 10/29/12 GH PROJECT INFORMATION AND PRELIMINARY STAFF COMMENTS TYPE OF REVIEW APPLICANT PROPERTY OWNERS LOCATION PARCEL SIZE WATER/SEWER ACCESS EXISTING ZONING Minor Subdivision Exemption Administrative Review — Director's Determination Encana Oil and Gas (USA) Inc. Rodney C. Power, William R. Patterson, Ronald E. Tipping, and Marie E. Tipping Approximately 4 miles southwest of the Town of Parachute, off of County Road 300. The property is also known as 318 County Road 300, Parachute, CO 81635 and as Assessor's Parcel No. 2409-342- 00-108. 222.7 Acres Waivers are being requested based on existing industrial uses. Existing driveway and private road easement off of County Road 300. Rural This Preliminary Staff Report is intended to provide basic information and background related to the current agenda item addressing a call-up recommendation and potential scheduling of a public hearing. I. DESCRIPTION OF PROPOSAL & BACKGROUND The request is for a minor subdivision exemption to create a new 10.7 acre lot out of the original 222.7 acre tract. The 10.7 acre lot contains the Encana Orchard Compressor Station and an Xcel Energy substation. The remaining 211.9 acre tract is currently utilized for a preexisting gravel pit. The subdivision exemption will allow Encana Oil and Gas (USA) Inc. to purchase and own the compressor station and substation site. The Orchard Compressor Station was originally permitted in 2005 (Resolution No. 2005- 75) and further reviewed and permitted in 2006 (Resolution No. 2006-104). The County's files reflect documentation that all conditions of approval were met and a Land Use Change Permit issues for the compressor station which is currently fully constructed and operational. The site has an existing private driveway and access easement. Potable water is not provided on the site and was not required by the original Land Use Change Permit. Portable toilets are provided on the site. The station is fully fenced and includes 3 gas powered compressors and two electric driven compressors along with supporting infrastructure and pipelines. Two gas well pads are located on the remainder parcel along with a preexisting gravel pit. The well pad share access roadways with the Compressor Station while the gravel pit is served by separate access directly off of County Road 300. At the southerly portion of the 211.7 acre parcel, adjacent to the Colorado River, Encana operates a water pumping operation on an as needed basis. The Compressor Station (proposed Lot 1) is generally level with little or no evidence of vegetation as it is a fully developed industrial site. The remainder parcel (proposed Lot 2) reflects gravel mining activities, including access driveways, an office, scales, gravel and related material stock piles. Some reclamation areas including water/pond features and habitat protection along the Colorado River are also found on the site. II. AUTHORITY — APPLICABLE REGULATIONS The Minor Subdivision Exemption Application is being processed in accordance with Section 5-202, 5-402, 5-406 and 4-104 of the Unified Land Use Resolution of 2008 as amended (ULUR) as in place at the time of submittal of the Application. The Applicant has provided documentation including deeds for the property supporting the finding that no other lots have previously been created out of the parcel as it existed on January 1, 1973 and that the property qualifies for the creation of one new lot and the remainder parcel in accordance with Section 5-202 (B) of the ULUR. Evidence of boundary line adjustments and related conveyance of property were noted but did not create exemption lots. The Application has been determined to be complete and public notice for the Director's Decision has been completed in accordance with Section 4-104. III. WAIVER REQUESTS The Applicant is requesting approval for the subdivision exemption subject to the granting of a waiver from the requirements to demonstrate a legal and adequate supply of domestic water for the proposed lot (ULUR Section 7-104). The Applicant has justified the request based on the existing and ongoing industrial compressor station use which does not generate the need or demand for a typical domestic potable water source. The Applicant has proposed the inclusion of plat notes and/or deed restrictions to ensure that the use of the lot remains industrial consistent with the current proposal. No changes to the existing gravel pit operation are proposed. 2 IV. PUBLIC AND REFERRAL COMMENTS 1. County Consulting Engineer, Chris Hale with Mountain Cross Engineering: Commented on the waiver on provision of potable water, private roadway standards, and the need to document any flood plain issues. 2. Division of Water Resources: Division noted several policies/regulations and the existing and proposed uses which do not include any dwellings. The comments concluded that, "This Office has no objections to this Application." 3. County Road and Bridge: Indicated that they have no objections to this moving forward but noted that any further driveways or utilities affecting the County right-of- way would require the proper County permitting. 4. Town of Parachute: Indicated that Parachute is in favor of the Application. 5. Grand River Fire Protection District: The District identified water sources available in the area and the responsibility of the owner to comply with the International Fire Code. The District indicated that they have no objection to this exemption. 6. County Vegetation Manager: Requested a weed inventory for the site and as appropriate provision of a weed management plan. 7. County Environmental Health Office: Indicated that they did not have any environmental health concerns at this time. 8. Other Agencies receiving referrals included Xcel/Public Service, Colorado Geological Survey, and CDPHE. Comments from these agencies have not been received at this time. 9. Public Comments expressing concerns regarding the proposal have been received and are attached. Comments from Jim and Ellen Dekam requested call-up for review by the Board of County Commissioners. V. DIRECTOR'S DECISION AND CALL-UP The issue of a waiver from a legal and adequate water supply for the proposed lot was discussed with the Applicant during pre -application meetings and initial review of the submittals. The Applicant was advised of the likelihood of a call-up for review by the Board to deal with the policy issue of a subdivision exemption for an industrial property that does not require potable water for operation. Comments from an adjoining property owners (see above) have also been received and have requested call-up for review by the Board of County Commissioners. On October 29, 2012, Fred Jarman, Director of the Building and Planning Department issued a Director's Decision for a call-up for review by the Board. A copy of the decision letter is attached. 3 VICINITY MAP VICINITY MAP SCALE 1" = 2000' Views of the Compressor Station and Substation 5 County Road Access Gravel Pit is in on the right Gravel Pit East of Compressor Station 6 View of the Water Pumping Location View of Residential Property Access Adjacent to Water Pumping Location South End of the Site 7