HomeMy WebLinkAbout5.0 Resolution 2013-681111 � +140,0i 11111
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STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on,
Monday, the 6th day of April A.D. 2009, there were present:
John Martin
Mike Samson
Tresi Houpt
Deborah Quinn
Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 4;20 13- tv
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR THREE (3) LAYDOWN YARDS: YARD #1 LOCATED IN SECTION 4,
T6S, R96W; YARD #2 LOCATED IN SECTION 31, TSS, R95W; YARD #3 LOCATED IN
SECTION 25, T5S, R96W AND SECTION 30, TSS, R95W, ALL OF THE 61H PM,
OWNED BY ENCANA OIL AND GAS (USA) INC. AND GENERALLY LOCATED ON
COUNTY ROAD 215, GARFIELD COUNTY
PARCEL NO# 2135-273-00-015
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a request for
A Special Use Permit to allow for the creation of three laydown yards of0.9- acres, 0.6 -acres and 3.2-
acres for a total area of 4.7- acres.
B. The three yards are located in Section 4, Township 6 South, Range 96 West; Section
31, Township 5 South, Range 95 West and; Section 25, Township 5 South, Range 96 West and
Section 30, Township 5 South, Range 95 West, all of the 6th P.M. and further described as being
approximately 8.7, 10,5 and 11 miles north of the Town of Parachute, all located on real property
located in Garfield County, Colorado, described in Exhibit "A ", Legal Description of Reservoir
Parcel, the deeds recorded at reception numbers 660501 and 660502 for Laydown Yards #1, #2
and #3, in the real estate records of Garfield County, Colorado.
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C. The subject property is contained within the Resource Lands - Gentle Slopes and Lower
Valley zone district and such land uses will comply with the zone district standards.
D. The Board is authorized to approve, deny or approve with conditions a Special Use Permit
pursuant to Section 9.03 of the Zoning Resolution of 1978, as amended.
E. The Board of County Commissioners opened a public hearing on the 6th day of April, 2009
upon the question of whether the above - described Special Use Permit application should be granted
or denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the amendment.
F. The Board of County Commissioners closed the public hearing on the 6th day of April,
2009 to make a final decision.
H. The Board on the basis of substantial competent evidence produced at the aforementioned
hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. The above stated and other reasons, the proposed Special Use Permit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use Permit of the Garfield County
Zoning Resolution of 1978, as amended.
RESOLUTION
NOW THEREFORE, BE 1T RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Special Use Permit of the 4.7 -acre properties owned by EnCana Oil and Gas (USA) Inc.
requesting allowance to develop three (3) laydown yards on and at the end of County Road
215 north of the Town of Parachute, Garfield County is hereby approved subject to
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compliance with the following conditions:
1. That all representations made by the Applicant in a public hearing before the Board of
County Commissioners shall be considered conditions of approval unless otherwise
amended or changed by the Board.
2. That the operation of the facilities be done in accordance with all applicable federal,
state, and local regulations governing the operation of these types of facilities.
3. That these facilities are for the sole use of the Applicant/Operator. If any other entities
are to he added as users, then they would be subject to an additional Special Use Permit
as well as rules and regulations as administered by the COGCC.
4. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial
Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended
and included here as follows:
a. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes.
b. 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.
c. Emissions of smoke and particulate matter: every use shall be operated so as to
comply with all Federal, State and County air quality laws, regulations and standards.
d. 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.
e. Storage of flammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with the national, state and local fire
codes and written recommendations /comments from the appropriate local protection
district regarding compliance with the appropriate codes.
f. 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.
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g. All equipment storage will be enclosed in an area with screening at least eight (8) feet
in height and obscured from view at the same elevation or lower. Screening may
include berming, landscaping, sight obscuring fencing or a combination of any of
these methods.
h. Any repair and maintenance activity requiring the use of equipment that will generate
noise, odors or glare beyond the property boundaries will be conducted within a
building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri.
1. Loading and unloading of vehicles shall be conducted on private property and may
not be conducted on any public right -of -way.
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Any storage area for uses not associated with natural resources shall not exceed ten
(10) acres in size.
k. Any lighting of storage area shall be pointed downward and inward to the property
center and shaded to prevent direct reflection on adjacent property.
5. The Applicant shall adhere to its "Reclamation Plan" as submitted and that has been
approved by the County Vegetation Department prior to the issuance of a Special Use
Permit.
6. The Applicant shall file its Spill Prevention Control and Countermeasure (SPCC) plan
with the County and have a copy on site for spills that may occur from vehicles /
machinery in the area.
7. The Applicant shall develop an Integrated Vegetation and Noxious Weed Management
Plan for Laydown Yard #2 for review and approval.
8. The Applicant shall develop the Wildlife Impact Assessment and Sensitive Areas Report
for Laydown Yard #2 for review and approval.
9. The Applicant shall obtain driveway access permits from the Garfield County Road and
Bridge Department and shall adhere to conditions specific to the driveway access permit.
A stop sign will be required (if not already installed) at the entrance to CR 215. The stop
sign and installation shall be as required by the MUTCD (Manual on Uniform Traffic
Control devices).
10. Should dust become an issue from the staging area, a dust control agent shall be applied
to the staging area.
11. The Applicant will provide to the Garfield County Building and Planning Engineer a
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grading permit application for Laydown Yard #3, which will include a site plan detailing
the proposed grading and drainage design with proposed improvements, access to the site
and all requirements stated in the permit.
12. No development activity shall occur at Laydown Yard #3 until all of these conditions
have been met on the grading permit and has been approved and issued by Garfield
County Building and Planning Engineer.
13. All revegetation activities must adhere to the North Parachute Ranch Reclamation Plan
dated May 2006.
14. Revegetation or reclamation of the laydown yards will occur within the seasonal planting
year from abandonment of the site(s).
15. Prior to issuance of the Special Use Permit and in order to secure performance of the
revegetation and reclamation requirements set forth above and in accordance with the
Garfield County Weed Management Plan, the applicant shall post a bond in the
amount of $18, 800 in a form approved by the County Attorney.
Dated this 7 day of tOt , A.D. 20 t 3 .
ATTEST: = T 1.0 LO RFIELD - UNTY BOARD OF
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Vicinity Map
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View of La own Yard Si looks = southwest, east of Parachute Creek
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10108!2013 04:25:20 PM Jean Alberito
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Consider a Request for a Special Use Permit for three (3) Laydown Yards to be
Operated by EnCana Oil and Gas (USA) Inc., North of the Town of Parachute — All
three (3) Laydown Yards will be Sited on Parcel # 2135 - 273 -00 -015, Located along
County Road 215 North Parachute Ranch Area — Appplicant; EnCana Oil and Gas
(USA) Inc. — Scott Hall
Jason Eckman was present.
Deb reviewed the noticing requirements for the public hearing and determined they were timely
and accurate. She advised the Board they were entitled to proceed.
Commissioner Houpt felt it was necessary to tell EnCana they should recognize that the entire
piece of property should have been noticed.
Chairman Martin swore in the speakers.
Planner Scott Hall submitted the following exhibits: Exhibit A — Proof of Publication; Exhibit B
- Mail Receipts; Exhibit C — Garfield County Zoning Regulations of 1978 as amended; Exhibit D
-- Garfield County Subdivision Regulations of 1984 as amended; Exhibit E — Garfield County
Comprehensive Plan of 200 as Amended; Exhibit F - Application materials; Exhibit G -- Staff
memorandum; Exhibit H — PowerPoint; Exhibit I — Review Agency Form from the Garfield
County Road and Bridge dated February 18, 2009, from Jake B. Mall and Exhibit J —
Memorandum from the Garfield County Re- vegetation dated March 10, 2009, from Steve
Anthony.
Chairman Martin entered Exhibits A —J into the record. Planner Scott Hall explained:
Specifically, the applicant is proposing to construct laydown yards for storage of equipment and supplies pertinent to
its drilling and completion operations. Currently, Laydown Yard #1 is used for the storage of pipe, along with
transportation and construction equipment. There is no proposal to construct any building of need on this location.
Currently, Laydown Yard #2 is used for a storage area and a water filling station consisting of a portable pump and a
stand pipe for filling water trucks. Also, there is no proposal to construct any buildings at this site. Proposed
Laydown Yard #3 will be used for the same storage and drilling operations activities with no plans to construct any
buildings on this location. There are no anticipated power needs for any of the NPR Laydown Yards and the
Applicant expects to meet any future power needs with diesel and/or natural gas - powered generators.
STAFF RECOMMENDATION
Staff recommends the Board approve the Special Use Permit for the "North Parachute Ranch Laydown Yards #1
and #2" for EnCana Oil & Gas, (USA) Inc. Staff also recommends the Board approve the Special Use Permit for
the `North Parachute Ranch Laydown Yard #13" for EnCana Oil & Gas, (USA) Inc. if the applicant applies for a
grading permit through the County Engineer and the permit is approved by the County Engineer. Staff suggests the
following conditions for all three laydown yards:
1. That all representations of the Applicant, either within the application or stated at the hearing before the
Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by
the Board.
2. That the operation of the facilities be done in accordance with all applicable federal, state, and local,
regulations governing the operation of these types of facilities.
3. That these facilities are for the sole use of the Applicant/Operator. If any other entities are to be added as
users, then they would be subject to an additional SUP as well as rules and regulations as administered by
the COGCC.
4. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards"
of the Garfield County Zoning Resolution of 1978 as amended and included here as follows:
a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised
Statutes.
b.. 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.
c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all
Federal, State and County air quality Iaws, regulations and standards.
d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which
■Ifl lY1i 1h1j"t r:Vf I,W1ili7 +1ti P411.1011 I N II ill
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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.
e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards
and laws and shall comply with the national, state and local fire codes and written
recommendations /comments from the appropriate local protection district regarding compliance
with the appropriate codes.
f. 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.
g. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height
and obscured from view at the same elevation or lower. Screening may include berming,
landscaping, sight obscuring fencing or a combination of any of these methods.
h. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors
or glare beyond the property boundaries will be conducted within a building or outdoors during
the hours of 8 a.m. to 6 p.m., Mon. -Fri.
i. Loading and unloading of vehicles shall be conducted on private property and may not be
conducted on any public right -of -way.
j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in
size.
k. Any lighting of storage area shall be pointed downward and inward to the property center and
shaded to prevent direct reflection on adjacent property.
5. The Applicant shall provide its "Landscaping and Reclamation Plan" that has been approved by the
County Vegetation Department prior to the issuance of a Special Use Permit.
6. The Applicant shall file its Spill Prevention Control and Countermeasure (SPCC) plan with the County
and have a copy on site for spills that may occur from vehicles / machinery in the area.
7. The Applicant shall obtain driveway access permits from the Garfield County Road and Bridge
Department and shall adhere to conditions specific to the driveway access permit. A stop sign will be
required (if not already installed) at the entrance to CR 215. The stop sign and installation shall be as
required by the MUTCD (Manual on Uniform Traffic Control devices).
8. Should dust become an issue from the staging area, a dust control agent shall be applied to the staging
area.
9. No development activity shall occur at Laydown Yard #3 until all of these conditions have been met and a
Special Use Permit has been issued by Garfield County Board of County Commissioners.
Discussion:
Commissioner Houpt said she didn't track Staffs conditions of approval with what Scott has in
his report.
Scott said the conditions were established after the fact; a review of the staff report was done
prior to submittal, last Thursday.
Commissioner Houpt asked; Scott your conditions of approval, are those the ones shown in the
power point plus the ones in your report and Scott stated yes.
Commissioner Haupt asked how this came forward with two laydown yards already in place.
Jason stated when they bought the property from Tom Brown; they had been used so Jason
started using them. This last fall they realized these didn't have permits on them.
A motion was made by Commissioner Houpt and seconded by Conunissioner Samson to close
the Public Hearing.
Commissioner Haupt — I make a motion we approve the application for a Special Use Permit for
the north Parachute Ranch laydown yardsl, 2, and 3 for EnCana Oil and Gas with staff
recommendations as presented in the staff power point on April 6 and from the staff report dated
April 6, 2009.
Commissioner Samson — Second.
In favor: Haupt — aye Samson — aye Martin — aye