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HomeMy WebLinkAbout1 - Pre-Application Conference Summary• GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.darfield-county.com PRE -APPLICATION CONFERENCE SUMMARY CONFERENCE DATE: October 28, 2010 (Updated from June 11, 2009) PROJECT: "Extraction of Natural Resources" to drill for natural gas within the Battlement Mesa Planned Unit Development (PUD) COUNTY PROCESS REQUIREMENT: Special Use Permit under Major Impact Review process OWNER: Antero Resources / Exxon (minerals); Battlement Mesa Metro District, et al (surface) 0 REPRESENTATIVE: Rick Blankenship (Antero) & Balcomb & Green, PC • PRACTICAL LOCATION: Battlement Mesa PUD PARCEL(S): 240913405001, 240913406004, 240901300001, 240708400188, 240717116150, 240708100152, 240707109001, 240707307020, 240718426003, 240717300129, 240913405001, 240913406004 I. GENERAL PROJECT DESCRIPTION Applicant proposes to extract natural gas that lies below the surface of the Battlement Mesa Planned Unit Development (BMPUD). The project includes a network of pipelines (conveying natural gas, frac water, and produced water, fresh water?) to connect the 9 drill pads (20 wells per pad) and "F" Pad (facilities pad - including a covered centralized water storage facility with capacity of 285,000 BBL, metering, and cut material stockpile) to the Energy Transfer Company line along the south of Battlement Mesa which conveys gas to market out of the PUD. The Applicant indicated no compression is proposed in the PUD. Water volumes for and from `fracc-ing' may vary depending on drill schedules. Haul routes for produced water and by-products include CR 308 to CR 300 via Una Bridge as well as some traffic being sent to Rulison interchange via CR 309. Consideration of impacts for schools, haul routes, water use, etc. shall be incorporated and addressed in the submittal. Four (4) pads identified as `high density' (having a 1000' radius, 18 wells in a semi -circle, at least 350 feet from a structure) are proposed. The Applicant is proposing one injection well per phase for the disposal of produced water. Applicant also is analyzing the following items to lessen impact from extraction use: subterranean derrick platform, three-phase electric serve rather than diesel equipment, etc. The large produced water storage site on Pad F is proposed to be covered with a sealed membrane acting as a large bladder for up to 285,000 barrels of produced water. Additionally, the Applicant intends to develop a Comprehensive Drill Plan (CDP) for the area that includes the entire BMPUD and areas adjacent. This is anticipated to be submitted a few months after the County SUP submittal. Additional notes taken at this revised pre -application conference include: 1) The Application should provide sufficient detail as to what pipeline construction, installation, and leak detention methods will be employed to assure there will be no risk to polluting ground water. Applicant discussed a "fiber spar" pipeline technology. No separate pipeline application is required for the pipelines as they will be reviewed as part of the overall SUP review. 2) The County will require that Antero demonstrate what the state standards are for air and water quality permits and how they can meet those state standards. All state and federal permits shall be tendered to the County before any land use change permit is issued from the County. 3) Antero eliminated the "Lyons Pad" for the moment and relocated the K, D, and M pads in response to public / resident comments. 4) Antero presented the County with visual renderings of several pads where they intend to install significant landscaping to off -set visual impacts. 5) The Sterberger Pad is located in an area that will show a revision to the PUD boundary. 6) There will be an Amended Surface Use Agreement (SUA) that clarifies and specifically defines pad and infrastructure locations. 7) It is anticipated that there will be a reduction in the number of frac tanks on a pad since a combination of piping and trucking of frac fluid is proposed. Approximately 40 frac tanks will be on a pad during fraccing. Antero • • • intends to use 2 rigs at the same time in the PUD where one fracs while the other drills. 8) Applicant intends to include leak detection system and down gradient water monitoring wells below Pad F (water facility). II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The County approved Resolution 82-121 on May 24, 1982 which provides the zone districts and the uses permitted in each zone district within the BMPUD. "Extraction of Natural Resources" is listed in each zone as a `special use'. Section 10.0 (SR Supplementary Regulations) found on page 24 provides the process by which the special use is to be administered. This is stated here: `Where preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. ' As a result, the County shall require that in order to extract natural resources (drill for natural gas) within the BMPUD, the property owner (or their designee) shall be required to render an application for a Special Use Permit to the County. This application shall require the owner to demonstrate that they comply with the standards / criteria found in the County's zoning code on January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132). The process for the review of this Special Use Permit application shall be that of the "Major Land Use Review" process in the County's Unified Land Use Resolution (ULUR) of 2008, as amended. Further, the County will need to evaluate / permit each well pad (4-5 ac) separately; however, they may be submitted and processed under the Major Impact Review process together. A. Process Based on this, the process for the SUP will follow the process for a "Major Impact Review" in Section 4-106 of the ULUR. That process is provided here for convenience: Section 4-106 Major Impact Review Process. Applications for land use • change subject to Major Impact Review shall be subject to the following review process. A. Review Process. 1. Pre -application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103(A), Pre - Application Conference. 2. Application. The application materials required for land use changes subject to Major Impact Review are set forth in Section 4- 501(F). 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103(C), Determination of Completeness. 4. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held within sixty (60) calendar days of the date of determination of completeness. b. Public notice of the hearing shall be made pursuant to Section 4-103(F), Notice of Public Hearing of this Article. 5. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103(E). a. Review by Referral Agencies. The Director's evaluation of the application shall include comment by referral agencies received under Section 4-103(D), Review by Referral Agency. b. Prior to submitting the application to the Planning Commission for a hearing, the Director will present the application to the Board of County Commissioners for a determination as to whether or not to refer the application to the Planning Commission for review. The Board's determination as to whether or not to refer the application will be based upon the following criteria: • • • (3) Impact on the surrounding neighborhood. Impact on the County road system. Environmental impacts. 6. Review and Recommendation by the Planning Commission. A land use change application subject to Major Impact Review shall be reviewed by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing. a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions or denial of the application, based upon compliance with the applicable requirements. (1) Recommendation of Approval. If the application satisfies all of the applicable requirements, the Planning Commission shall recommend that the application be approved. The Commission may recommend approval with conditions determined necessary for compliance with the applicable requirements. (2) Recommendation of Denial. If the application fails to satisfy all of the applicable requirements the Planning Commission shall recommend that the application be denied. 7. Schedule Public Hearing. The Director shall schedule the application for review by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty (40) calendar days of the date of the Planning Commission recommendation. b. Public notice of the hearing shall be made pursuant to Section 4- 103(F), Notice of Public Hearing. 8. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application subject to Major Impact Review shall be made by the Board of County Commissioners at a public hearing. a. Decision by Board. Following a public hearing conducted pursuant to Section 4-103(G), Conduct of Public Hearing, the Board of County Commissioners shall approve, approve with conditions or deny the application, based upon compliance with the applicable requirements. • • • (1) Approval of Application. If the application satisfies all of the applicable requirements, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements. (2) Denial of Application. If the application fails to satisfy any one of the applicable requirements, the application shall be denied. B. Submittal Requirements: As mentioned above, the following submittals shall be required for a Special Use Permit Application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U. S. G. S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. • • 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield- countv.com/building and planning/index.htm, or information can be obtained from this office *See the required standards from the Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) attached as Exhibits A and B. Any application shall provide responses to these standards that demonstrates the proposed use can meet these criteria / standards. 10. A $525.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. • III. APPLICATION REVIEW a. Review by: Staff for completeness, recommendation and referral agencies for additional technical review. b. Public Hearing: X Planning Commission X Board of County Commissioners c. Referral Agencies: It is expected that the application will be sent to the following County Departments and external agencies: > Garfield County Road and Bridge > Garfield County Attorney > Town of Parachute > Garfield County Oil and Gas Liaison > Battlement Mesa Metro District > Garfield County Public Health Dept. > CDPHE — Air quality and Water Quality > RE -16 School District > Colorado Division of Wildlife > Garfield County Vegetation Management • > Grand Valley Fire Protection District • IV. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $525.00 $ 3rd party engineering review $525.00 (additional hours billed at an hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Fred A. Jarman, AFf' Date • • • • 5.03.01 (B) Mobile Home 5 3.02 as an Accessor EXHIBIT Use to a Working •. era ion A mobile home shall be allowed as an accessory working farm or ranch operation as a condit' ovided: p (1) (5) The principal wage earner living in me is a full time employee of the ranch operation that is presen arily agricultural productio 0 pri The m or maso ile home is placed ry footer; There sha home shall be no outside e skirted; No more than be allowed as a or ranch operati e sin ac The mobile hom to others tha operation. Row House; A the minimum square fee the plat lots an ments 03.03 Stu co t 03.04 .03 sha those on s na e mobil orking f y devoted permanent conc torage and the mob e -family mobile home sh ssory use to a working f to use, rm 0 ete 1 not be rented for occupa employed by the farm or r bdivision plat of area for a row , a minimum of six ro d the plat includes su common to satisfy floor ar der the appropriate Zone Dist 11 m ust be approved wher ouse lot is 1,400 house lots appear icient land area ratio require- 'ct Regulation. cy nch on • o for the Arts and Crafts; All acti :ucted within a building and retail sa one -of -a -kind goods produced on the lot. 'ty must be s are limi Aircraft Landing Strip; Such strip may not be with any reservation, regulation or requirement Federal Aviation Administration. 5 Airport, Utility; Such airport shall be approved b Federal Aviation Administration. 03.06 Airport, Air Carrier; Such airport shall be approved the Federal Aviation Administratio confl f the 5.03.07 t Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, water impoundments, mineral waste disposal, -52- • • storage sanitary land -fill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director two (2) copies of an impact statement on the proposed use prescribing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The County Commissioners shall review the impact statement to determine whether the proposed industrial operation complies with the require- ments of this Section and shall notify the Planning Director of its decision in this regard, in writing, within thirty (30) days from the date on which the impact statement is filed with the Planning Director. The impact statement shall show that the use shall be designed and operated in compliance with all applicable laws and regulations of the County, State and Federal Governments, and will not have a significant adverse effect upon: (a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (b) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other amanations; (c) Wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisance to areas elsewhere in the County; (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; (4) At the discretion of the County Commissioners additional information supplementing the impact state- ment may be required. Such request for additional information shall be in writing and shall be given to the applicant not later than forty-five (45) days after -53- • • • the filing of the impact statement. The County Commis- sioners shall then have an additional forty-five (45) days from the date of submission of such additional information within which to notify the Planning Director of their decision in respect to said impact statement; An application for permit for an industrial operation shall be subject to the provisions under Section 8.01 in addition to the required impact statement. Any provisions of Section 8.01 to the contrary notwith- standing, the Building Official shall have a period of ten (10) daysfrom notification by the County Commissioners of their decision as hereinabove provided, within which to act upon such application; (5) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement of such use; (a) The plan for site rehabilitation shall be submitted to the Planning Director with the impact state- ment, and must be approved by the County Commissioners before a permit for conditional or special use will be issued; (b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, or bond, or certified check or other security deemed accept- able by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds, or check shall be payable to and held by the County Commissioners: 5.03.08 Industrial Performance Standards: All industrial operations in Garfield County shall comply with appli- cable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke,vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: -54- • • • (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibles, with a maximum increase of five (5) decibles permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise -55- be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safe- guards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 5.03.10 .• -u -• 002 _ • • initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the _following special findings: 1) Such use is appropriate to the physiographic eral environmental character of the District • h it is added; •^ g whi nd (2) S alterati amount n in the Dist h use does not create any more haza •n of the natural environment tha o ally resulting from the other ict to which it is added; to or the minimum uses permitted (3) Such use vibration, dust objectionable i the minimum amount uses permitted n th oes not create any heat, smoke, odo n uences or mor oimally in oimally r- distri' (4) Such use is compa permitted in the distri re offensive noise, , glare, or other traffic hazards than ulting from the other to which it is added; e to the uses existing and to which it is added. o the list of permitted ce with this Section, 'sted in the appropriate ns, and shall be f this Resolution 'th a notation accordance has be added y distr t in accor•: b deemed to be tho district regulati� in the published text • convenient opportunity, that the addition was made Section. When any use uses in an such use shall section of added theret at the fir indicati with th' in listed t with d Ap val of Conditional and Special Uses: Us Conditional under the appropriate Zone Distr egulation shall be permitted based on compliance the requirements listed herein; where uses are li as Special Uses they shall be permitted only: • s -56- • • • e RESOLUTION NO. 79-132 WHEREAS, on the 2nd day of January, 1979, this 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, this Board is authorized by the provisions of C.R.S. 1973, 30-28-109 through 30-28-116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendments to the said Zoning Resolution, which were on file for public inspection in the Office of the Garfield County Clerk and Recorder for a period of thirty days beginning the 14th day of September, 1979; and WHEREAS, a public hearing was held on the 15th day of October, 1979, upon the question of the adoption of the pro- posed text amendments, pursuant to public notice required by law; and WHEREAS, the public was, at such public hearing, given the opportunity to voice its opinions regarding the proposed text amendments, which opinions have been given full consid- eration by this Board; and WHEREAS, this Board has determined that certain of the proposed text amendments are necessary to make the aforementioned Garfield County Zoning Resolution consistent with Colorado statutes and to improve the efficiency and clarity of said Zoning Resolution; NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board nn 1 (1A day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows: AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION Section 2.02.23 of the Garfield County Zoning Resolution shall be amended by the deletion of the words "the Colorado Department of Health and" and by the addition of the words "to review and/ or enforce health and safety provisions or requirements which are included in this Resolution,"at end of said section. Section 2.02.43 of the Garfield County Zoning Resolution shall be amended by changing the words "one thousand" to "five hundred". Section 2.02.47 of the Garfield County Zoning Resolution shall be amended by changing the word "right" to "tight". The Garfield County Zoning Resolution shall be amended by the addition of a new section 2.02.56, which shall read as follows: Salvage Yard: Any location which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or sythe- tic petro -chemical debris, waste, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous material. Section 3.02.03 of the Garfield County Zoning Resolution shall be amended by changing the word "events" to "gatherings". Section 3.07.06 of the Garfield County Zoning Resolution shall be amended by the addition of the following paragrpah: (3) Side yard: 10 feet from side lot line or 1/2 the height of the principal building, whichever is greater. Section 3.09 of the Garfield County Zoning Resolution shall be amended by changing the word "Special" to "Conditional". Section 3.09.01 of the Garfield County Zoning Resolution shall be amended by changing the word "special" to "conditional". Section 4.08.03 of the Garfield County Zoning Resolution shall be amended by the addition of the following, which shall be the first sentence in said section. Every Planned Unit Development Plan shall include a detailed listing of districts within the PUD in which specific uses shall be permitted, which listing shall be in substantially the form contained in Section 3.00 hereof. Section 4.08.05(7)(d) of the Garfield County Zoning Resolution shall be amended to read as follows: A list of the owners of properties located within 300 feet of the boundaries of the PUD and their addresses: Section 5.02.01 shall be amended by the addition of the following sentence: Occupancy of an existing__mobile home'.park and individual spaces of an existing mobile home park shall be governed by the provisions of Section 6.11 and 7.00 of this Resolution. Section 5.03(1) of the Garfield County Zoning Resolution shall be amended to read as follows: Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in con- junction with the proposed use; Page 1 • • • t AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The word and number "thirty (30)" found in Sections 5.03.01 (A)(4) and (A)(5) of the Garfield County Zoning Resolution shall be amended to read "fifteen (15)". The first sentence of Section 5.03.07(4) of the Garfield County Zoning Resolution shall be amended to read as follows: In the event the County Commissioners or Planning Director determine that the impact of a proposed industrial operation is such that information in addition to the impact statement or other informa- tion submitted is necessary for the informed evalu- ation of such impact, such additional information may be required. Section 5.03.07 of the Garfield County Zoning Resolution shall be amended by the addition of a new subparagraph, which shall read as follows: (6) The Planning Director may, upon the preliminary determination that an industrial operation related solely to the extraction of oil and gas from the ground through conventional use of drilling and pumping, and the extraction of sand and gravel affecting not more than -E'enacres has limited impact, waive the requirement for the above-described impact statement, upon the submittal of such information as the Planning Director requires for the evaluation of the impact of such an extractive operation. If the determination is later made that additional information is required, subsection (4) of this Section shall apply. 'Section 8.01 of the Garfield County Zoning Resolution shall be amended by the following words at the conclusion of the first sentence thereof: and all provisions of Building Code affecting the subject property. Section 9.02.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Application: All conditional use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all information required of an application for a permit and subject to all administrative procedures thereof plus the following: Supporting information, plans, letters of approval from responsible agencies and other information to satisfy requirements listed under Conditional and Special Uses in the Supplementary Regulations. Section 9.02.02 of the Garfield County Zoning Resolution shall be amended to read as follows: Action by the Planning Director: The Planning Director shall utilize services of the Environmental Health Officer, the Building Official, and Planning Department and other county and state officials or agencies to arrive at a determination that the proposed buildings, structure and i:.:`=: is in comp1ian c:e with ail applicable zoning, sub- division, building, health and sanitation regulations; and if the proposed building, structure and use are in compliance, the Planning Director shall make: a, recommendation that the County -Commissioners consider the application with or without a public hearing. Page 2 • AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The Garfield County Zoning Resolution shall be amended by the addition of a Section 9.02.03, which shall read as follows: Action by the County Commissioners: Upon receiving an application for conditional use permit and recom- mendation regarding public hearing from the Planning Director, the County Commissioners shall either (1) grant the conditional use permit without conditions, (2) provide the applicant with an opportunity for hear- ing, subsequent to which the County Commissioners may grant or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution, or (3) schedule a public hearing upon the conditional use application, at which the applicant and interested parties, including county representatives, will be provided an opportunity to express their opinions regarding such application, sub- sequent to which public hearing the County Commissioners may grant, or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution. A hearing shall be held no later than 30 days following the receipt of the Conditional Use Permit application unless such time is extended by the County Commissioners. The County Commissioners may refer a request for conditional use permit to ,the County Planning Commission for its review and recommendation. Public Notice shall be provided in accordance with the provisions of Sections 9.03.03(1) and (2), if public hearing held. The concurring vote of the majority of the County Commissioners shall be necessary to decide that the conditional use permit shall be conditionally granted upon specific conditions. The County Commissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decision, in writing, within fifteen (15) days following the public hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is conditionally granted, such decision shall include reasons for conditions imposed. The first clause of Section 9.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Application: All special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all infor- mation required of an application for a permit and sub- ject to all administrative procedures thereof plus the following: The number "7.02.03" contained in Section 9.04.02 of the Garfield County Zoning Resolution shall be amended to read "9.05.03". Section 10.04.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least fifteen (15) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. Section 11:00 of the' Garfield County Zoning Resolution shall be -3- • • • • AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION amended by the addition of a new paragraph, which shall read as follows: Unless otherwise specifically provided herein, time limitations imposed upon the Board of County Commissioners, the Planning Commission, or any other County officer, or body by this Zoning Resolution shall be interpretted as having no consequence other than authorizing any interested party, upon the expiration of such limitation, to request judicial relief in the nature of mandamus, requiring the body or officer to make the determinations or decisions required by this Resolution. The expiration of any such time limitation shall not in and of itself be considered the approval or denial of any application, plan or question under consideration. The Garfield County Zoning Resolution shall be amended by the addition of new sections 3.11 through 3.11.09, which shall read as follows: 3.11 R-MH/G/UD -- RESIDENTIAL -MOBILE HOME/GENERAL/ URBAN DENSITY 3.11.01 Uses, by right: Single-family, two-family and multiple -family dwelling, boarding and rooming house, and customary accessory uses including building for shelter or enclosure of animals or property acces- sory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park. 3.11.03 Uses, conditional: Mobile Home as principal use of the lot; Row House; Studio for conduct of arts and crafts; Home occupation; Church, community building, day nursery and school. 3.11.03 Uses, special: Mobile Home Park; 3.11.04 Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. 3.11.05 Maximum Lot Coverage: 50 percent 3.11.06 Minimum Setback: (1) Front yard; (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever is greater; (b) Local street: 50 feet from street centerline or 25 feet from lot line, whichever is greater; (2) Rear Yard: 25 feet from rear lot line; (3) Side Yard: 10 feet from side lot line or 1/2 the height of the principal building, whichever is greater. 3.11.07 Maximum Height of Buildings: 25 feet 3.11.08 Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. 3.11.09 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). -4- • • • AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The first sentence of Section 5.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: A mobile home may be allowed as the principal use of a lot as a special or conditional use, as provided within the zone district provisions of this resolu- tion, provided that each of the following conditions is satisfied in the situation of a special use and that the first three of the conditions are satisfied in the situation of a conditional use: The legend of zone district designations shall be amended by the addition of the following: \N ' • R-MH/G/UD RESIDENTIAL -MOBILE HOME/GENERAL/URBAN DENSITY KN BE IT FURTHER RESOLVED that the foregoing amendments shall be effective immediately, that a copy of this amending Resolution shall be filed and recorded with the Garfield County and Recorder, and that all other provisions of the said Garfield County Zoning Resolution shall remain in full force and effect. DATED this 15th ATTEST: Nncy Deputy day of October, 1979. 1(21( r''ck Page lerk of they Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO BY. Flaven J. Ceri e, Chairman -5- ARTICLE IV APPLICATION AND REVIEW PROCEDURES 4-106 MAJOR IMPACT REVIEW PROCESS GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY CONFERENCE DATE: JUNE 11, 2009 PROJECT: "Extraction of Natural Resources" to drill for natural gas within the Battlement Mesa Planned unit Development (PUD) COUNTY PROCESS REQUIREMENT: Special Use Permit under Major Impact Review process OWNER: Antero Resources ! Exxon (minerals); Battlement Mesa Metro District & Lyons (surface) REPRESENTATIVE: Rick Blankenship (Antero) PRACTICAL LOCATION: Battlement Mesa PUD PARCEL(S): 240913405001, 240913406004, 240901300001, 240708400188, 240717116150, 240708100152, 240707109001, 240707307020, 240718426003, 240717300129, 240913405001, 240913406004 I. GENERAL PROJECT DESCRIPTION Applicant proposes to extract natural gas that lies below the surface of the Battlement Mesa Planned Unit Development (BMPUD). The project also includes a network of pipelines to connect the 11 drill pads to the Energy Transfer Company line along the south of Battlement Mesa; compression needs may warrant the installation 'of compressor units. Water for and from 'fracc-ing' may vary depending on drill schedules. Haul routes for produced water and by-products include CR 308 to CR 300 via Una Bridge. Consideration of impacts for schools, haul routes, water use, etc. shall be incorporated and addressed in the submittal. Four (4) pads identified as 'high density' (having a 1000' radius, 18 wells in a semi -circle, at least 350 feet from a structure -namely, well pads A,C,M) are proposed. The Applicant is also considering injection wells for the disposal of produced water. Applicant also is analyzing the following items to lessen impact from extraction use: subterranean derrick platform, three-phase electric serve rather than diesel equipment, etc. Water site is to include: covered pit inside a sealed membrane. Additionally, the Applicant intends to develop a Comprehensive Drill Plan (CDP) for the area that includes the entire BMPUD and areas adjacent. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The County approved Resolution 82-121 on May 24, 1982 which provides the zone districts and the uses permitted in each zone district within the BMPUD. "Extraction of Natural Resources" is listed in each zone as a 'special use'. Section 10.0 (SR Supplementary Regulations) found on page 24 provides the process by which the special use is to be administered. This is stated here: `Where preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. ' As a result, the County shall require that in order to extract natural resources (drill for natural gas) within the BMPUD, the property owner (or their designee) shall be required to render an application for a Special Use Permit to the County. This application shall require the owner to demonstrate that they comply with the standards / criteria found in the County's zoning code on January , 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132). The process for the review of this Special Use Permit application shall be that of the "Major Land Use Review" process in the County's Unified Land Use Resolution (ULUR) of 2008, as amended. Further, the County will need to evaluate / permit each well pad (4-5 ac) separately; however, they may be submitted and processed under the Major Impact Review process together. A. Process 5 • Based on this, the process for the SUP will follow the process for a "Major Impact Review" in Section 4-106 of the ULUR. That process is provided here for convenience: Section 4-106 Major Impact Review Process. Applications for land use change subject to Major Impact Review shall be subject to the following review process. A. Review Process. 1. Pre -application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103(A), Pre - Application Conference. 2. Application. The application materials required for land use changes subject to Major Impact Review are set forth in Section 4- 501(F). 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103(C), Determination of Completeness. 4. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held within sixty (60) calendar days of the date of determination of completeness. b. Public notice of the hearing shall be made pursuant to Section 4-103(F), Notice of Public Hearing of this Article. 5. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103(E). a. Review by Referral Agencies. The Director's evaluation of the application shall include comment by referral agencies received under Section 4-103(D), Review by Referral Agency. b. Prior to submitting the application to the Planning Commission for a hearing, the Director will present the application to the Board of County Commissioners for a determination as to whether or not to refer the application to the Planning Commission for review. The Board's determination as to whether or not to refer the application will be based upon the following criteria: (1) Impact on the surrounding neighborhood. (2) Impact on the County road system. (3) Environmental impacts. 6. Review and Recommendation by the Planning Commission. A land use change application subject to Major Impact Review shall be reviewed by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing. a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions or denial of the application, based upon compliance with the applicable requirements. (1) Recommendation of Approval. If the application satisfies all of the applicable requirements, the Planning Commission shall recommend that the application be approved. The Commission may recommend approval with conditions determined necessary for compliance with the applicable requirements. (2) Recommendation of Denial. If the application fails to satisfy all of the applicable requirements the Planning Commission shall recommend that the application be denied. 7. Schedule Public Hearing. The Director shall schedule the application for review by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty (40) calendar days of the date of the Planning Commission recommendation. b. Public notice of the hearing shall be made pursuant to Section 4- 103(F), Notice of Public Hearing. S. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application subject to Major Impact Review shall be made by the Board of County Commissioners at a public hearing. a. Decision by Board. Following a public hearing conducted pursuant to Section 4-103(G), Conduct of Public Hearing, the Board of County Commissioners shall approve, approve with conditions or deny the application, based upon compliance with the applicable requirements. (1) Approval of Application. If the application satisfies all of the applicable requirements, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements. (2) Denial of Application. If the application fails to satisfy any one of the applicable requirements, the application shall be denied. B. Submittal Requirements: As mentioned above, the following submittals shall be required for a Special Use Permit Application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U. S. G. S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.crarfield- county.com/building and planning/index.htm, or information can be obtained from this office *See the required standards from the Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) attached as Exhibits A and B. Any application shall provide responses to these standards that demonstrates the proposed use can meet these criteria / standards. 10. A $525.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. D • • 11. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. III. APPLICATION REVIEW a. Review by: Staff for completeness, recommendation and referral agencies for additional technical review. b. Public Hearing: X Planning Commission X Board of County Commissioners c. Referral Agencies: (Division of Water Resources, Colorado Department of Transportation, etc.) It is expected that the application will be sent to the following County Departments and external agencies: > Garfield County Road and Bridge > Garfield County Attorney > Town of Parachute > Garfield County Oil and Gas Liaison > Battlement Mesa Metro District > Garfield County Public Health Dept. D RF -1R Schnnl District > Colorado Division of Wildlife > Garfield County Vegetation Management > Grand Valley Fire Protection District L L. .. L- (1) _ -'(')= IV. APPLICATION REVIEW FEES -7 15 LC. a. Planning Review Fees: $525.00 b. Referral Agency Fees: $ c. Total Deposit: $525.00 (additional hours billed at an hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Fred A. Jarman, AICP Dat' D • t II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The County approved Resolution 82-121 on May 24, 1982 which provides the zone districts and the uses permitted in each zone district within the BMPUD. "Extraction of Natural Resources" is listed in each zone as a `special use'. Section 10.0 (SR Supplementary Regulations) found on page 24 provides the process by which the special use is to be administered. This is stated here: `Where preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. ' As a result, the County shall require that in order to extract natural resources (drill for natural gas) within the BMPUD, the property owner (or their designee) shall be required to render an application for a Special Use Permit to the County. This application shall require the owner to demonstrate that they comply with the standards / criteria found in the County's zoning code on January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132). The process for the review of this Special Use Permit application shall be that of the "Major Land Use Review" process in the County's Unified Land Use Resolution (ULUR) of 2008, as amended. Further, the County will need to evaluate / permit each well pad (4-5 ac) separately; however, they may be submitted and processed under the Major Impact Review process together. A. Process Based on this, the process for the SUP will follow the process for a "Major Impact Review" in Section 4-106 of the ULUR. That process is provided here for convenience: Section 4-106 Major Impact Review Process. Applications for land use change subject to Major Impact Review shall be subject to the following review process. A. Review Process. 1. Pre -application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103(A), Pre - Application Conference. 2. Application. The application materials required for land use changes subject to Major Impact Review are set forth in Section 4- 501(F). 3. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103(C), Determination of Completeness. 4. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held within sixty (60) calendar days of the date of determination of completeness. b. Public notice of the hearing shall be made pursuant to Section 4-103(F), Notice of Public Hearing of this Article. 5. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable requirements. A staff report shall be prepared pursuant to Section 4-103(E). a. Review by Referral Agencies. The Director's evaluation of the application shall include comment by referral agencies received under Section 4-103(D), Review by Referral Agency. b. Prior to submitting the application to the Planning Commission for a hearing, the Director will present the application to the Board of County Commissioners for a determination as to whether or not to refer the application to the Planning Commission for review. The Board's determination as to whether or not to refer the application will be based upon the following criteria: (1) Impact on the surrounding neighborhood. (2) Impact on the County road system. • t t (3) Environmental impacts. 6. Review and Recommendation by the Planning Commission. A land use change application subject to Major Impact Review shall be reviewed by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing. a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions or denial of the application, based upon compliance with the applicable requirements. (1) Recommendation of Approval. If the application satisfies all of the applicable requirements, the Planning Commission shall recommend that the application be approved. The Commission may recommend approval with conditions determined necessary for compliance with the applicable requirements. (2) Recommendation of Denial. If the application fails to satisfy all of the applicable requirements the Planning Commission shall recommend that the application be denied. 7. Schedule Public Hearing. The Director shall schedule the application for review by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty (40) calendar days of the date of the Planning Commission recommendation. b. Public notice of the hearing shall be made pursuant to Section 4- 103(F), Notice of Public Hearing. 8. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application subject to Major Impact Review shall be made by the Board of County Commissioners at a public hearing. a. Decision by Board. Following a public hearing conducted pursuant to Section 4-103(G), Conduct of Public Hearing, the Board of County Commissioners shall approve, approve with conditions or deny the application, based upon compliance with the applicable requirements. (1) Approval of Application. If the application satisfies all of the applicable requirements, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements. (2) Denial of Application. If the application fails to satisfy any one of the applicable requirements, the application shall be denied. B. Submittal Requirements: As mentioned above, the following submittals shall be required for a Special Use Permit Application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U. S. G. S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a • • • • • 1 copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www. garfield- county.com/building and planninglindex.htm, or information can be obtained from this office *See the required standards from the Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) attached as Exhibits A and B. Any application shall provide responses to these standards that demonstrates the proposed use can meet these criteria / standards. 10. A $525.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. I11. APPLICATION REVIEW a. Review by: Staff for completeness, recommendation and referral agencies for additional technical review. b. Public Hearing: X Planning Commission X Board of County Commissioners c. Referral Agencies: (Division of Water Resources, Colorado Department of Transportation, etc.) It is expected that the application will be sent to the following County Departments and external agencies: > Garfield County Road and Bridge > Garfield County Attorney > Town of Parachute ➢ Garfield County Oil and Gas Liaison > Battlement Mesa Metro District > Garfield County Public Health Dept. ➢ RE -16 School District > Colorado Division of Wildlife > Garfield County Vegetation Management > Grand Valley Fire Protection District IV. APPLICATION REVIEW FEES a. Planning Review Fees: $525.00 b. Referral Agency Fees: $ c. Total Deposit: $525.00 (additional hours billed at an hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Fred A. Jarman, AICP Date