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Home My WebLink About02 PreApp Summaryr APPENDIX 4-101.A.3 PRE -APPLICATION CONFERENCE SUMMARY O\OLSSON ASSOCIATES THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION. OLSSON ASSOCIATES Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.gartield-county.com PRE -APPLICATION CONFERENCE SUMMARY PARCEL NUMBERS: Well Pad A: 2407-081-00-152 DATE: 2/7/17 Well Pad L: 2407-082-00-183 Pad F: 2407-081-00-152 BMC A Pipeline: 2407-081-00-152 & 2400-134-00-004 BMC L Pipeline: 2407-081-00-152 & 2407-082-00-183 PROJECT: "Extraction of Natural Resources" to drill for natural gas within the Battlement Mesa Planned Unit Development (PUD); and Temporary Water Storage Facility within the Battlement Mesa PUD; and Pipeline Development within the Battlement Mesa PUD. Overall the development is known as the Ursa Phase II Battlement Mesa Development Plans APPLICANT: Battlement Mesa Land Investments, Eric Schmela OWNER(S): URSA (Minerals Lessee & Operator) Battlement Mesa Land Investments LLC (Surface / Well Pads BMC A & L) Battlement Mesa Land Investments LLC (BMC Pad F — Water Storage) Battlement Mesa Land Investments LLC & Battlement Mesa Partners (BMC A Pipeline) Battlement Mesa Land Investments LLC & Battlement Mesa Land Investments Parcel 1, LLC (BMC L Pipeline) PROJECT REPRESENTATIVES: Cari Mascioli, Jennifer Lind, Matt Honeycutt, (URSA Operating Company), Eric Schmela (Battlement Mesa Partners & Battlement Mesa Land Investments), Tilda Evans (Olsson & Associates) PRACTICAL LOCATION: Battlement Mesa PUD, south of and adjacent to the Town of Parachute, Colorado. ZONING: Planned Unit Development (PUD) 1 TYPE OF APPLICATION — COUNTY PROCESS REQUIREMENT: Special Use Permits processed via the Major Impact Review process (Well Pads & Pipelines) Special Use Permit process via the Major Impact Review process (Water Storage Facility) I. GENERAL PROJECT DESCRIPTION a. Applicant (URSA Operating Company) proposes to extract natural gas that lies below the surface of the Battlement Mesa Planned Unit Development (BMPUD). b. The project includes the development of two well pads ("BMC A" and "BMC L" Pads), a temporary water storage facility ("BMC F" Pad) and a network of co -located natural gas and water pipelines in the PUD as shown on the draft site plan attached to this summary. This development plan represents the second phase of the development of well pads inside the Battlement Mesa PUD. c. There is no compression proposed for this phase (or any phase) of the well pad development. d. The two proposed well pads and the temporary water storage facility are located on different properties but with the same ownership. The Applicant shall be required to submit separate applications for each location that will all be tracked together in the same process as much as possible. There will be three separate applications. Well Pads e. The BMC A Pad will be approximately 2.74 acres and will have 24 gas wells with the potential for 1 injection well. The BMC L Pad will be approximately 2.8 acres in size and will have 33 gas wells. The well pads will have sound walls and sound mitigation sufficient to mitigate noise levels to the light industrial levels at nearby homes and churches. This the same level that was agreed upon for Phase 1. f. The primary haul routes for the development of the two pads and the pipelines will be as outlined below: • The primary haul routes for all pads will start from the Parachute exit, generally referred to as the Northern Haul Route, as requested by Garfield County and agreed to during the Phase I approval process. This keeps the majority of the traffic, especially heavy trucks, away from the intersection at the Kum & Go and out of the central Battlement Mesa business area. • The secondary haul route will be the "Southern Haul Route" from the West Parachute exit and across Una Bridge. This route will be used when events within Battlement Mesa require its use. • BMC A will be accessed via CO 300 (Battlement Parkway) to CO 300W (West Battlement Parkway) to CO 307 (River Bluff Rd). 2 • BMC L will be accessed via CO 300 to CO 300N (North Battlement Pkwy) to Spencer Parkway. • BMC F will be accessed via CO 300 to CO 300N to CO 300E (East Battlement Pkwy) to CO 308 (Four Corners Rd) to CO 303 (Gardner Lane). Pipelines g. The pipelines (co -located water and gas) proposed for this phase will be sized to connect to the previously approved and installed gathering system (Phase I pipeline and Tompkins pipeline). The pipelines will be comprised of relatively short sections proximate to the well pads. h. The gas / water pipelines will typically range in size from 8" to 12" gas lines and may vary depending on the engineering requirements. Anticipated ROW widths are 25 ft. permanent easement(s) for all associated pipelines/waterlines. The Applicant is in the process of confirming the ownership of properties affected by the proposed pipeline. A staff determination will need to be made whether the pipelines will require separate Special Use Permit Applications, which will in part be based on the ownership information. The two proposed pipelines have separate locations and different ownerships. The Applicant shall be required to submit separate applications for each location that will be tracked together in the same process as much as possible. There will be two separate applications. Temporary Water Storage Facility j. The Temporary Water Storage Facility proposed for the BMC F Pad will contain approximately 60,000 bbls of water storage in approximately 100 above ground 600 bbl tanks. The BMC F Pad will be approximately 2.5 acres. It will have visual screening per the surface Use Agreement and is located to be below the line of sight of residences within Battlement Mesa. The Water Storage Facility will be temporary and will be removed after 5 years. Once the tanks are removed the site will be reclaimed. k. The Temporary Water Storage Facility is a typical and accessory use to extraction and processing of natural gas operations. Consistent with previous review of ancillary oil and gas support facilities within the PUD, a special use permit is being required. The centralized nature of the proposed use further supports the requirement for a special use permit. Injection Well I. The Applicant is proposing an injection well for waste water disposal on the BMC A Pad. A PUD Text Amendment and Rezoning Application was submitted to the County and is currently under review to allow for this use. The Text Amendment & Rezoning Application includes the future BMC A Pad well site. If approved the PUD Amendment 3 would require a Special Use Permit for an injection well in the newly proposed PSRI Zone District. Injection Wells are not explicitly included as a stand-alone use in the 1978 Land Use Code and because they are not included in the definition of "Extraction", the PUD Amendment was required. A separate future application for the injection well Special Use Permit would be required. Process — Draft Schedule Mid April 2017: Completeness Review Mid May 2017: Mid May — June 2017: Late June 2017: July 2017: Late July 2017 August 2017: September 2017: Early October 2017: Application is submitted to Garfield County 20 business days allowed for Staff Completeness Review Anticipated Technically Complete Application determination by the County Staff. If the Application is incomplete the Applicant shall be advised of the deficiencies and will be allowed 60 days to provide any additional information. 3 week Referral Process Site Visit for Planning Commission Planning Commission Hearing (30 day public notice requirement) Site Visit for Board of County Commissioners (BOCC) BOCC public hearing (likely to be held in Battlement Mesa) Potential for continuation of BOCC public hearing, if necessary BOCC to sign a Resolution formalizing the Board's Decision This is a suggested or draft schedule only to be used as a general guide for planning purposes. Actual dates for any public meetings and hearings will be properly noticed according to state law and the County's Land Use and Development Code. 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 and Processing 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: 4 `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 and process natural resources (drill for natural gas, development pipelines, create temporary water storage facilities) within the PUD, 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 Impact Review" process in the County's Land Use and Development Code, as amended. Further, the County will evaluate and permit each well pad, pipeline, and temporary water storage facility separately; however, they may be submitted and processed under the Major Impact Review process and tracked together. A. Process Based on this, the process for the SUP for each application will follow the process for a "Major Impact Review" in Section 4-105 of the LUCD. That process is provided here for convenience as it is found in Table 4-102 and highlighted. Additionally, a process flow chart has been attached for your review. Table 4-102: Common Review Procedures and Required Notice Section 4-101. A B C DE F Litplicable Re BOA 1 ➢ . . d of Adjustments BOCCI D I PC 1 4-103 4-104 4-105 Administrative Review a 1 1 a Required Notice Additional Requirements Limited Impact Review Major Impact Review BOCC V V Submittal Requirements: V PC BOCC V Notice required for PC and BOCC hearings. The following submittals shall be required for each 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 5 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. 6 (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] which are attached. *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. A fee is required for each application. 11. Submit 3 copies and one Digital PDF Copy (on a CD or USB Stick) of the completed application form and all the required submittal materials to the Community Development Department. Both the paper and digital copies should be formatted and split into individual sections. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. 12. It is recommended that the submittals also cover the requirements, formatting and standards contained in the current Land Use and Development Code, as amended including Article 4 (submittal requirements), Article 7 (Standards), and Article 9 (Pipelines). These standards are generally consistent with the 1978 code and inclusion in the application will facilitate an efficient review process. III. CRITERIA The criteria that shall be used to evaluate the project includes the following as referenced in Exhibit A attached hereto as well as the general criteria here from the land Use resolution of 1978, as amended: (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. Approval criteria and standards contained in the current Land Use and Development Code shall be consulted, as appropriate, in reviewing the Applications as they are inclusive of the 1978 Code criteria and will facilitate a more efficient review process. The Applicant should consult the Staff Planner with any questions regarding the review criteria. The intent is to be consistent with the review process conducted for the Ursa Phase I applications. Submittals should make note of the proximity to residences and populated areas with special attention to mitigation of nuisance impacts (noise & odors) and construction site security and safety provisions including well pads and pipelines (fencing, protection of excavations and grading, staging area control) IV. 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 ➢ Garfield County Consulting Engineer ➢ Town of Parachute ➢ Garfield County Oil and Gas Liaison ➢ Battlement Mesa Metro District ➢ Battlement Mesa Parks and Recreation District ➢ Battlement Mesa Concerned Citizens ➢ Battlement Mesa Service Association ➢ Battlement Mesa Oil and Gas Committee ➢ Battlement Mesa Company ➢ Garfield County Environmental Health ➢ RE -16 School District ➢ Colorado Parks & Wildlife ➢ Garfield County Vegetation Management ➢ Grand Valley Fire Protection District ➢ Colorado Oil and Gas Conservation Commission ➢ Colorado Department of Public Health and Environment (CDPHE Air Quality and Water Quality Divisions) ➢ Colorado Department of Transportation ➢ Colorado Department or Water Resources 8 V. APPLICATION REVIEW FEES a. Planning Review Fees: $525.00 (Well Pads, Pipelines & Water Storage, a separate fee is required for each application) b. Referral Agency Fees: $ (i.e. consulting engineer will be billed separately) 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. It is valid for a 6 month period after which an update should be requested. Application Submittal — Public Information The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: Glenn Hartmann, Senior Planner 5/11/-2 Date Attachments: Exhibit A: Regulations from the 1978 Land Use Resolution Exhibit B: Sections from the Battlement Mesa PUD (Resolution 79-132) Exhibit C: Proposed URSA Field Development Plan Map 9 Approximately 5 months if submittal is complete Garfield County Major Impact Review Process (Section 4-105) Step 1: Pre -application Conference • Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review • 20 business days to review • If incomplete, 60 days to remedy deficiencies Ovid tics a. ■ • Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners, at least 30 days but no more than 60 days prior to Planning Commission public hearing Step 5: Referral 021 day comment period Step 6: Evalution by Director ep 7: Planning Commission Review and Rec Step 8: Schedule Hearing and Provide Notice • Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners, at least 30 days but no more than 60 days prior to BOCC public hearing Step 9: BOCC Decision •Applicant has 1 year to meet any conditions of approval 5.03.01 (B) Mobile Rome as an Accessory Use to a Workin• era on 3.02 5 03.03 • . • A mobile home shall be allowed as an accessory working farm or ranch operation as a Condit' p -ovided: (3.) The principal wage earner living in me is a full time employee of the ranch operation that is presen arily agricultural productio 0 Pr (2) The ile home ie placed on or maso ry footer; (3) (4) There sha home shall e skirted; be no outside No more than .e sin be allowed as a ac or ranch operati (5) The mobile hom to others th operation. Row House; A the minimum square fee the plat lots an menta • ' . sha those s na e mobil .orking f y devoted permanent conc torage and the mob to use, -e to e --family mobile home sh ssory use to a working f 11 I not be rented for occupa Rmployed by the farm or r bdivision plat of area for a row , a minimum of six r d the plat includes au common to satisfy floor ar der the appropriate Zone Dist ust be approved when ouse lot is 1,400 house lots appear cient land area ratio require- ct Regulation. ty must be s are limi cy ch on Stu..0 for the Arta and Crafts; All acti co,ilucted within a building and retail sa t•. one -of -a -kind goods produced on the lot 5 03.04 Aircraft Landinu Strip; Such strip may not be with any reservation, regulation or requirement Federal Aviation Administration. .03 +5 Airport, Utility; Such airport shall be approved b Federal Av a ion Administration. 03.06 Airport, Air Carrier; Such airport shall be approved 11 confl f the ed the Federal Aviation Administrat 5.03.07 t ct 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 (3O) 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 regulationslaws and y, State Governments, and will othe nothaveuatand Federal 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 emanations; 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 e su from abutting PoprtKwhhmihtotherwisebedamagedby operations of the proposed uses; (4) At the discretion of the Commissionersinr additional information supplementing o tate- ment may be required. Such shall be request additional to information shall be in writinggiven the applicant not later than forty-five (45) days after (c) -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) days from 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}suoh 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 Commiesieners. 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: -59- (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 runes 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, ox 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,facili_ties 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; h (d) All firemhazardls or or whichtes maywbecedibletbyconstitute 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. • 4 - • 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: L) Such use is appropriate to the physiographic era1 environmental character of the District h it is added; h (2) S. alterat3.• amount no in the Dis h use does not create any more ha n of the natural environment tha ally resulting from the othe ict to which it is added; (3) Such use vibration, dust, objectionable in the minimum amount uses permitted in t �a to or the minimum uses permitted e offensive noise, ado , glare, or other traffic hazards than Ming from the other to which it is added; oes not create any heat, smoke, uences or mor ormally r distri (4) Such use is compa Y e to the uses existing and permitted in the distri to which it is added. When any use has be: added uses in any distr' t in Accor such use shall deemed to be section of tho - district regulati- added thereto in the published text at the fir- convenient opportunity, indicati that the addition was made with t Section. the list of permitted ce with this Section, sted in the appropriate ns, and shall be f this Resolution th a notation in accordance 5.03.10 • of Conditional and S•ecial Uses: Us listed Cond t onal unser t e appropr ate Zone Distr t egulation shall be permitted based on compliance with the requirements listed herein; where use are lis .. -d as Special Uses they shall be permitted only: i 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 a arfield, 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 24th 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 end 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 on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows: AMENDMENTS TS TO GARFIELD COUNTY ZONING RESOLUTION: Section 2.02.23 of the Garfield County Zoning Resolution shall be amended by the deletion of the wards "the Colorado Department of Health and" and by the addition of the word "to review and/ or enforce health and safety provisions or requirements which aro included in this fesolution,"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 emended by the addition of a new section 2.02.56, which aha11 read ee 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, brags, rope, rags, batteries, paper, trash, rubber or aythe- tic petro -chemical debris, waste, appliances, er 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 paragrpeh: (3) Side yard: 10 feet from aide 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 anuumded by changing the woad "Special" to "Conditional". Section 3.09.01 of the Garfield County Zoning Resolution shall be amended by changing the word "special" to "conditional". Section 4.00.03 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 shell be amended by the addition of the following sentence Occupancy of an existingusobiib homelpark and individual spaces of an existing mobile home park shal], 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 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 pentane° of Section 5.03.07(41 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 affeoting not more than ten acres has limited impact, waive the requirement for the above-described impact etatenent, upon the Lsubmittal 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 bo amended to read as follows: Applications All conditional use permit epplicatione 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, isttees of approval fxvm 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 he amended to read as follows: Ration by the Planning Director: The Planning Director shall utilize services of the 8nvironmental Health officer, the Building Official, and Planning Department and other county and state officials or agencies to arrive at a determination that the proposed buildinge, structure and use is in compliance with all applicable zoning, sub- division, building, health and sanitation regulations; and if the proposed building, structure and use are in compliance, the Planning Director shall maks a•. recommendation that the County.Commiseioners 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 theECounty Commissioners: Upon receiving an applicatio:t for conditional use permit and recom- mendation regarding public hearing from the Planning Director, thejCounty Commissioners shall either (1) grant the conditional use permit without conditiOna, (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 applicant1and interested parties, including county representatives, will be provided an opportunity to express their opinions regarding auch 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 Yielding later than 30 days following the receipt of the Condit,onal Use Permit application unless such time is extended by the County Commissioners. The County Comnia loners may refer a request for conditional use permit to the County Planning Commission for its review and recommendation. Public Notice1ahall be provided in accordance with the provisions ofiSectiona 9.03.03(1) and (2), if public Y 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 specifio'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: iAll spacial use permit applications shall be Piled 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 nball consist of all infor- mation required of an application for a permit and sub- ject to all administrative procedures thereof plus the following: 1 The number "7.02.03"jcontained in Section 9.04.02 of the Garfield County Zoning Resolution shall be amended to read "9.09.03`. r Section 10.04.01 of the Garfield County Zoning Resolution shall be amended to read a follawe: 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 tha 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 publivt hearing shall alao be sent by mail at least fifteen' (15) days prior to such hearing to all owners of reobrd of property adjacent to the lot or lots subject o 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 hoard 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-til/G/UD -- RESIDENTIAL -MOBILE HOME/GENERAL/ URBAN DENSITY 3.11.01 Uees, 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 Hove as principal use of the -lot; Row House; Studio for conduct of arts and crafts; Acme 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 a un er upplementary Regulations. 3.11.05 13aximom. Lot Coverage: 50 percent 3.11.06 Minimum Setback: (1) Front yard; (a) arterial streets: 75 feet from street centerline or 50 feat from front lot line, whichever is greater; (b) Local street: SO feet from street centerline or 25 feet from lot line, whichever is greater; (2) Rehr Yard: 25 feat from rear lot line: (3) Side Yards 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 ;arca Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. 3.11.09 Additional Requirements: All uses ehall be subject to the provisions under Section 5 (Supplementary fegulationa). -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 lead an follows: A mobile home may be allowed as the principal use of a lot as a special or conditional use, as provided within the lona district provisions of this resolu- tion, provided that each of tha 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: R-MH/G/UD RESIDENTIAL -MOBILE HOME/GENERAL/URBAN DENSITY 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 day of October, 1979. ATTEST: jJ y r k a e ? Deputy LClerk of the Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Plaven . Cel e, chairman -5 . SIf.A1CNAV • _•1 TE 88W BNCA PAD• - PAR[LK�kI RIC IAD l• APAD I I 1111 Y ,4_ . b A tl>� � • 1'. �A Y),..A _•_•r• L r 1' Y V n a r .. A A BMC L/AR it i u P.r:. '• .,:t. BMC MPAD• •1,00 "Iwo •} • • TOMPKINS PAD ati ... _..�. ... . Mn11-ME.NT RIDGE BPAD — 1 C. PAD ;. ...... .~FP -i '1[• • ' I BNC E PAD TEMP MATER TAC1LITl' .. , - • _ _ • - s a� . w hA F ► Y BMC DPAD ..�1 s *' BMCEPAD• ................I BMC .. \ATER PABA ' MATSON RANcn PAD MONUMENT DWI MD NA Shy kAA(11 BPAn Legend 111M Erlarg raY. •3=133 FU0. Q 4.33,C.e1 Prye I Pat MI PrapC•sei P•.a:e : P,2 , 0-nMeP Fie: Pelen BA Phe 3 Pie• I.ee ttrraa-ary Rer/nc]'haler P•.we I Plpene I[J dr-ic_tcr . 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