HomeMy WebLinkAbout1 Preapplication Summary 8-17-09GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
PRE -APPLICATION CONFERENCE SUMMARY
CONFERENCE DATE: AUGUST 17, 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: Williams Production RMT Company (Mineral lessee) Exxon (Mineral Owner);
Battlement Mesa Land Investment (surface)
REPRESENTATIVE: Ann Lane (Williams)
PRACTICAL LOCATION: Battlement Mesa PUD
PARCEL: 2407-081-00-152
I. GENERAL PROJECT DESCRIPTION
Applicant proposes to obtain Special Use Permits for Extraction and Processing of Natural
Resources within the Battlement Mesa PUD (BMPUD) for two sites, one of which will also
contain temporary employee housing.
Two applications forms (and submittal fees) will be required, one for GV 82-5 and one for
PA 41-9. Details regarding each site (including operations, impacts, and all permits) are
required but can be submitted in one binder.
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 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.
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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.
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.
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(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 (parcel number #2407-081-00-152) 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, 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
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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. Extraction is defined as an industrial operation therefore requiring response to additional
review standards in the Garfield County Zoning Resolution, particularly Sections 5.03.07
& 5.03.08. If additional uses are requested — such as the Temporary Employee Housing
- to support the extraction activity they should be specifically requested and evaluated in
the SUP application. Specific sections of the Zoning Resolution can be obtained from
this office.
10. Section 9.03, Special Use, requires the following:
1) 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;
2) A vicinity map drawn to scale depicting the subject property, location and use
of buildings and structures on adjacent lots and the names of owners of record
of such lots;
3) A letter to the County Commissioners from the applicant explaining in detail
the nature and character of the Special Use requested.
*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.
11.A $525.00 Base Fee PER APPLICATION: Applicant shall sign the "Agreement for
Payment" form and provide the fee with the application.
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12. Submit 3 copies of this completed application form(s) 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.
01. 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
A Garfield County Oil and Gas Liaison
➢ Battlement Mesa Metro District
➢ Garfield County Public Health Dept.
➢ RE -16 School District
A Colorado Division of Wildlife
➢ Garfield County Vegetation Management
A Grand Valley Fire Protection District
Application submittal should include three (3) copies of the application materials, however
once the application is deemed technically complete (TC) additional copies will be
requested. In addition to referral copies we will also request copies for the Boards (17). We
will let you know what agencies prefer CD's versus paper for referral review.
IV. APPLICATION REVIEW FEES
a. Planning Review Fees: $525.00 Per Application
b. Referral Agency Fees: $
c. Total Deposit $1,050.00 (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.
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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 -a. •lication_ um :sr Pre•ared b
jL ti b ,
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Date