HomeMy WebLinkAbout02 BM Amendment NarrativeBATTLEMENT MESA
COMPANY
Battlement Mesa Company
PO Box 6000
Battlement Mesa, Colorado 81636
Battlement Mesa PUD Text Amendment
and PUD Zone District Amendment
Battlement Mesa, Colorado
December 9, 2016
Prepared by:
Olsson Associates
760 Horizon Drive, Suite 102
Grand Junction, Colorado 81506
TEL 970.263.7800 1 FAX 970.263.7456
www.olssonassociates.com
OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
Table of Contents
4.02 Purposes and Objectives of Development 1
4.04 Consistency with the Master/Comprehensive Plan 1
Economy, Employment and Tourism: 2
Natural Resources 2
Mineral Extraction 2
4.06 Internal Compatibility of Planned Unit Developments 3
4.07 Standards and Requirements 3
4.07.01 PUD Rezoning 3
4.07.02 Parking 3
4.07.03 PUD Requirements 3
4.07.04 Building Heights 5
4.07.05 Lot Areas and Setback Restrictions 5
4.07.06 Residential Density 5
4.07.07 PUD Area 5
4.07.08 Permitted Uses 5
4.07.09 Open Space Density 5
4.07.10 Time -Share or Fractional Ownership Units 5
4.07.11 Findings of the Planned Unit Development Regulations Sections 5
4.07.12 Requirements 6
4.08 PUD Processing 6
4.08.05 Requirements 6
4.12 Enforcement and Modification Provisions of the Plan 7
4.12.03 Modification, Removal or Release of Plan Provisions 7
List of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Ownership Documentation
Statements of Authority
Payment Agreement Form
Pre -application Conference Summary
Vicinity Map
PUD Plan/Zoning Maps
PUD Regulations and Guide
Proposed Text Amendment
Adjacent Property Owners
December 9, 2016
OLSSON R,
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
December 9, 2016 ii
OLSSON 0
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
Battlement Mesa Company and its subsidiaries, Battlement Mesa Partners, LLC and Battlement
Mesa Land Investments, LLC, (Applicant) wish to create a new zone district within the
Battlement Mesa Planned Unit Development (PUD) and amend the Battlement Mesa PUD
Guide (6th Amended and Estated PUD Guide January 1, 2014). The Battlement Mesa PUD
zone districts were established by Resolution 80-121 under the 1978 Zoning Regulations,
including subsequent amendments.
The Applicant proposes to create a new zone district: Public, Semipublic, Recreation, and
Injection Well. This proposed new zone district is based on the current zone district: Public,
Semipublic, and Residential. The new zone district is proposed to allow as a Special Use
Injection Wells, Small, as currently defined in the Garfield County Land Use and Development
Code. The original zone districts for the PUD allow extraction and processing of natural
resources as a special use. The Applicant proposes to add a new Section 12 to the Battlement
Mesa PUD Guide describing the new zone including allowed uses and definitions.
The proposed new zone district is located entirely on parcel 2409-134-06-004 owned by
Battlement Mesa Partners, LLC, and a portion of parcel 2407-081-00-152 owned by Battlement
Mesa Land Investments, LLC. The proposed zone district is in Section 18, T7S, R95W and
Section 13, T7S, R96W of the 5th PM. The total area for the proposed zone district is 37.22
acres. The proposed zone district is shown on Exhibit A, Re -Zoning and the Battlement Mesa
Zoning Map found in Appendix F.
PURPOSES AND OBJECTIVES OF DEVELOPMENT
As outlined in the 1978 Zoning Regulations, the purpose of a PUD is to permit greater design
flexibility and, consequently, more creative and imaginative design for development than
generally possible under conventional zoning and subdivision regulations. When the Battlement
Mesa PUD was created, the developers made provisions to allow and plan for extraction and
processing of natural resources within the PUD. One of the appurtenant uses for natural gas
extraction is injection wells.
The Applicant proposes to create a new zone district: Public, Semipublic, Recreation, and
Injection Well (PSRI). The new zone district would allow Small Injection Wells in a very limited
area of the PUD. This area is shown on the vicinity map in Appendix E. The new PSRI zone is
currently part of the Public, Semipublic, and Recreation (PSR) zone.
Injection wells provide a means of safely disposing of produced water created by the drilling and
completion processes of natural gas extraction. Injection wells are currently not specifically
allowed within the PUD. Injection wells used for natural gas extraction are highly regulated by
the Colorado Oil and Gas Conservation Commission (COGCC) including limits on volumes,
pumping pressures, and target zones.
CONSISTENCY WITH THE MASTER/COMPREHENSIVE PLAN
Allowing small injection wells in a new zone district is in general conformance with Garfield
County's Comprehensive Plan. The elements of the Plan which apply most to the proposed
zone district amendment are Economy, Employment, and Tourism; Natural Resources; and
Mineral Extraction.
December 9, 2016 1
O\OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
Economy, Employment and Tourism:
Goal: Maintain a strong and diverse economic base (for both employment and income
generation).
Policy: Garfield County will encourage the development of a diversified industrial base
recognizing physical location -to -market capabilities of the community, and the social and
environmental impacts of industrial uses.
Strategy & Action: Ensure that commercial/industrial developments are compatible with
adjacent land uses and preserve the visual quality of the county.
Approving the proposed PSRI zone district enables Garfield County to continue to maintain a
strong and diverse economic base. Limiting injection wells to a small area of the Battlement
Mesa PUD enables industrial development within specified areas of the PUD as originally
planned. The location of the proposed PSRI zone district is in an area that is compatible with
adjacent land uses and preserves the visual quality of the Battlement Mesa area.
Natural Resources
Goal: Ensure that natural, scenic, ecological, and critical wildlife habitat resources are
protected and/or impacts mitigated.
Approving the proposed PSRI zone district ensures that natural, scenic, ecological, and critical
wildlife habitat resources are protected. By limiting a single land use to a small area of the PUD
that is compatible with adjacent land uses, impacts can be mitigated easier.
Mineral Extraction
Vision: Resource extraction, including oil and gas development, has been encouraged to
remain in the county due to their contribution they make to the county's overall goal of
having a diverse and stable economy. While resource industries are welcomed in the
county, they have been expected to fairly mitigate negative impacts that might have
resulted due to their operations.
Goal: Ensure that mineral extraction is regulated appropriately to promote responsible
development and provide benefit to the general public.
Ensure that mineral extraction activities mitigate their effects on the natural environment,
including air quality, water quality, wildlife habitat or important visual resources.
In working with mineral extraction projects, the county will protect the public health,
safety and welfare of its citizens.
Policy: Garfield County recognizes that surface and mineral owners have certain legal rights
and privileges, including the right to extract and develop these interests. Private property
owners also have certain legal rights and privileges, including the right to have the
mineral estate developed in a reasonable manner and to have adverse impacts
mitigated. The property rights of mineral lessees must be balanced with the rights of
private property owners and the general public.
Mineral resource extraction activities will protect critical wildlife habitat as identified by
state and federal agencies. Development within these designations that cannot be
December 9, 2016 2
0\OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
designed, constructed and conducted so as to have a minimum adverse impact upon
such habitat or these wildlife species, shall be discouraged.
Strategy & Action: Maintain and enhance cooperation with the oil and gas industry, property
owners, state and federal agencies, such as CPW and CDPHE, in regard to regulating
activity and mitigating impacts.
Mineral extraction was planned for during the development of the Battlement Mesa PUD.
Allowing an appurtenant injection well facility within a limited area of the PUD allows surface
and mineral owners the right to develop their interests in a cost-effective manner that also
protects critical wildlife habitat. The proposed land use will be regulated by the COGCC to
mitigate impacts to the public, air quality, water quality, and wildlife habitat.
INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS
The new PSRI zone is in an area that has never been zoned for residential use. Allowed uses
for the current PSR zone include school sites, governmental offices, police and fire stations,
library, day-care centers, public and semipublic health facilities including hospitals and clinics,
recreation uses, churches, community center, neighborhood community center, water, well
sites, sewage treatment facilities, water treatment and storage facilities, other public and private
utility facilities and buildings, and extraction and processing of natural resources.
The proposed small injection well use is compatible with the allowed uses of the current zone
district and the proposed zone district. The current uses in the location of the proposed PSRI
zone include vehicle and RV storage facilities, a natural gas extraction well pad, and open
space.
4.07 STANDARDS AND REQUIREMENTS
4.07.01 PUD Rezoning
The Applicant requests the addition of a new zone district, Public, Semipublic, Recreation, and
Injection Well. The purpose of the new zone district is to allow injection wells in a small area of
the PUD.
4.07.02 Parking
Parking within the proposed PSRI zone district will be off-street parking. Parking for the
proposed additional use will be off-street. Parking needs for uses within the proposed PSRI
zone district will be evaluated as part of the Special Use Permit process.
4.07.03 PUD Requirements
(1) Relationship to surrounding area
The proposed PSRI zone district allows an additional use, injection well, small, in
the current PSR zone district, while restricting the use to a small portion of the
PUD, which currently has compatible uses permitted near and within the
proposed PSRI zone district.
December 9, 2016 3
O\OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
Internal street circulation system
An adequate internal street circulation system is in place around the proposed
PSRI zone district. Further impacts to the street system will be evaluated as part
the land use permitting process.
(3) Parking
Parking within the proposed PSRI zone district will be off-street parking. Parking
for the proposed additional use will be off-street. Parking needs for uses within
the proposed PSRI zone district will be evaluated as part of the land use
permitting process.
(4) Common Open Space
Common Open Space will not be lessened with the proposed PSRI zone district.
Development plans for the area are not changed by the proposed PSRI zone
district. The uses near the proposed PSRI zone district are industrial in nature.
(5) Diversity of Uses
The proposed PSRI zone district allows for continued diversity of uses within the
PUD while restricting some uses to a small area of the PUD with compatible
uses.
(6) Privacy
The proposed PSRI zone district does not change the privacy protections of
other zone districts within the PUD.
(7) Pedestrians
The proposed PSRI zone district will maintain the safety, separation,
convenience, and access to pedestrian ways within the PUD, by continuing to
separate incompatible uses from areas of high pedestrian traffic.
(8) Utility Zones
The proposed PSRI zone district is adjacent to the water treatment facility. The
proposed new use will not require additional water or wastewater facilities.
(9) Slopes
Any disturbance of slopes in excess of 40% will be the minimum necessary to
meet the development needs. Geotechnical evaluations will be part of the land
use permitting process.
(10) Community Facilities
The proposed PSRI zone district will not change the development of community
facilities within the PUD.
December 9, 2016 4
OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
4.07.04 Building Heights
The proposed PSRI zone district does not change the maximum height of buildings permitted
within the PUD. Proposed uses within the proposed zone district will be required to comply with
established maximum building heights.
4.07.05 Lot Areas and Setback Restrictions
The proposed PSRI zone district does not change the maximum lot areas or minimum setback
restrictions permitted within the PUD. Proposed uses within the proposed zone district will be
required to comply with established PUD guidelines.
4.07.06 Residential Density
The proposed PSRI zone district does not change the residential density for the PUD. Proposed
uses within the proposed zone district will be required to comply with established PUD
guidelines.
4.07.07 PUD Area
The proposed PSRI zone district does not change the size of the PUD.
4.07.08 Permitted Uses
The PSRI zone district is being proposed to accommodate small injection wells within a limited
area of the PUD. Compatible uses are allowed uses within the current PSR zone district that will
be amended to the PSRI zone district.
Open Space Density
The proposed PSRI zone district does not change the Common Open Space within the PUD.
Development plans for the area are not changed by the proposed PSRI zone district. The uses
near the proposed PSRI zone district are industrial in nature.
4.07.10 Time -Share or Fractional Ownership Units
The proposed PSRI zone district does not change the guidelines for time-share or fractional
ownership units, or other similar interest in property within the PUD.
4.07.11 Findings of the Planned Unit Development Regulations Sections
The proposed PSRI zone district preserves and maintains the character of the PUD as originally
planned for the health, welfare, safety, and quality of life in Garfield County. The PUD was
originally developed as an "energy community" to house the families of energy workers in the
Parachute area as well as others who would benefit from the energy industry being present in
the area. The PUD plan included natural gas well pads within in the boundaries of the PUD. The
natural gas development plans are moving forward within the PUD. Creating a new PSRI zone
district limits where injection wells can be located within the PUD, thus maintaining health,
welfare, safety, and quality of life within Battlement Mesa.
The proposed zone district will have little effect on affordable housing within the PUD, because
the current PSR zone district is not a residential zone district.
December 9, 2016 5
O\OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
4.07.12 Requirements
The proposed PSRI zone district does not change the residential density of the PUD. The
current PSR zone district is not a residential zone district. The proposed PSRI zone district will
not be a residential zone district. No off-site locations are being proposed for affordable housing
because of this zone district amendment.
4.08 PUD PROCESSING
4.08.05 Requirements
(1) Statement of Ownership Interest
The parcels affected by the proposed zone district amendment are owned by
Battlement Mesa Partners, LLC, and Battlement Mesa Land Investments, LLC,
both of which are subsidiary companies of the Battlement Mesa Company. The
owners are the Applicants for the proposed zone district amendment.
Documentation of ownership is included in Appendix A.
(2) Statement of Ownership Interest
A revised Battlement Mesa Zoning Map is included in Appendix F. The map
shows all the zone districts within the PUD. Descriptions of the zone districts are
included in the Battlement Mesa PUD Guide located in Appendix G.
(3) Regional Location Mari
A Vicinity Map showing the location of the proposed PSRI zone district in the
Battlement Mesa PUD is included in Appendix E.
(4) Site Map
A Site Map showing the boundaries, acreage, and existing zoning for the
proposed PSRI zone district is included in Appendix F.
(5) Seto Topographic Map
A Site Topographic Map is not included with this application, because the
proposed zone district is within the approved PUD. Topographic conditions will
be reviewed as part of any land use permitting process.
egal Descriptio
A legal description of the affected parcels is included with the Application. A legal
description of the proposed zone district is included on the Site Map in Appendix
F.
(7) Miscellaneous Requirements
(a) The creation of the proposed PSRI zone district will allow small injection
wells, which are an appurtenant facility to natural gas extraction, as a
Special Use within the PUD. The creation of the new zone district will limit
where an injection well can be permitted. The current PSR zone district is
interwoven within the PUD. The new PSRI zone district is in a small area
December 9, 2016 6
U\OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
4.12
4.12.03
of the PSR zone district currently used for vehicle and RV storage area
and natural gas extraction.
(b) No development schedule has been developed for construction in this
area.
(c) A copy of the Battlement Mesa PUD Guide is included in Appendix G. No
other special covenants, conditions and restrictions are proposed for this
area.
(d) A list of owners and addresses of properties within 200 feet of the parcels
affected by the proposed zone district and mineral rights owners are
included in Appendix I.
(e) Since the PUD has been approved since 1982, no additional engineering
documentation is included with this amendment application. The
engineering information is requested as part of a land use permit
application. All new land use permits within the proposed PSRI zone
district will supply the requested information as part of any land use
permit application.
The Site Map in Appendix F shows the right-of-way for River Bluff Road.
Access easements to developments within the proposed PSRI zone
district have either been or will be reviewed as part of the land use permit
process.
(f)
(g)
During the planning and permitting process for the Battlement Mesa PUD,
evidence was provided that the PUD was designed with consideration of
the natural environment of the site. Further studies and documentation
will be provided during any land use permitting process for further
development within the proposed PSRI zone district.
ENFORCEMENT AND MODIFICATION PROVISIONS OF THE PLAN
Modification, Removal or Release of Plan Provisions
(1) Rights of Residents, Occupants and Owners of PUD
Modification of the Battlement Mesa PUD Plan by the creation of the proposed
PSRI zone district will further protect the rights of the residents, occupants,
owners, and other stakeholders of the PUD by restricting the location of
injections wells to a small area of the PUD where compatible uses are currently
allowed uses.
(2) Rights of Residents, Occupants and Owners adjacent to the PUD
Modification of the PUD Plan by the creation of the proposed zone district will not
affect in a substantially adverse manner the enjoyment of land abutting upon or
across a street from the PUD, or the public interest. The creation of the proposed
zone district will not confer a special benefit upon a single person or entity.
December 9, 2016 7
O\OLSSON
ASSOCIATES
Battlement Mesa PUD Text Amendment and PUD Zone District Amendment
Battlement Mesa Partners and Battlement Mesa Land Investments 016-2837
Rather, these interests are further protected by limiting a single land use to a
small area of the PUD where compatible uses are currently allowed uses.
(3)
Time -Share or Fractional Ownership Interests
Time-share or fractional ownership interests are not included in the proposed
zone district. The proposed PSRI zone district does not change the guidelines for
time-share or fractional ownership units, or other similar interest in property
within the PUD.
(4) Operation or Utilization of Adjacent Mass Transit Facility
There is no Mass Transit Facility adjacent to or within the proposed zone district.
December 9, 2016 8
OLSSON
ASSOCIATES