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HomeMy WebLinkAbout1.0 Application.pdfGarfield County Community Development Department 108 Stn Street, Suite 401 Glenwood Springs, CO 81601 (970) 945 -8212 www.garfield- county.com EXHIBIT ID %Nom= LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION ❑ Administrative Review ❑ Limited Impact Review ▪ Major Impact Review ❑ Amendments to an Approved LUCP ❑ LIR ❑MIR ❑ SUP ❑ Development in 100 -Year Floodplain ❑ Development in 100 -Year Floodplain Variance ❑ Code Text Amendment ❑ Rezoning ❑ Zone District❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility ❑ Vacation of a County Road /Public ROW ❑ Appeal of Administrative Interpretation 0 ❑ Administrative Interpretation Location and Extent Review Comprehensive Plan Amendment ❑ Major ❑ Minor ❑ Areas and Activities of State Interest ❑ Accommodation Pursuant to Fair Housing Act ❑ Pipeline Development ❑ Variance ❑ Time Extension (also check type of original application) INVOLVED PARTIES Owner /Applicant Name: Board of County Commissioners /Director Phone: ( 970 ) 945 -8212 Mailing Address: 108 8th Street, Suite 401 City: Glenwood Springs E -mail: State: CO Zip Code: 81601 Representative (Authorization Required) Name: Tamra Allen, Planning Manager Phone: [ Mailing Address: Same as above City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Text Amendments to Articles 1, 3, 4, 5, 6, 7, 9, 14 and 15 Assessor's Parcel Number: - Physical /Street Address: Legal Description: Zone District: Property Size (acres): PROJECT DESCRIPTION Existing Use: Proposed Use (From Use Table 3 -403): Description of Project: proposed amendments to articles 3 and 15 based on BOCC direction. Additional corrections and modification of procedures to Article 1, 3, 4, 5, 6,7, 9 14 and 15 REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4 -202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4 -118. List: Section: Section: Section: Section: 1 have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 08/26/2013 Signature of Property Owner Date OFFICIAL USE ONLY File Number:____ -____ Fee Paid :$ PROJECT INFORMATION AND STAFF ANALYSIS TYPE OF REVIEW: FILE NUMBER: APPLICANT: DATE: Text Amendment to the Garfield County Land Use and Development Code TXTP 7707 Board of County Commissioners /Community Development Director November 4, 2013 I. PROPOSAL DESCRIPTION The Board of County Commissioners has requested to amend Articles 3 to change the level of review for Injection Wells, Piped and to amend Article 15 in regard to the definition of Oil and Gas Drilling and Production. In addition, the Director has requested to correct multiple provisions throughout the LUDC to address scrivener's errors, clarify intent, and modify procedural matters, in specific sections including Articles 1, 3, 4, 5, 6, 7, 9 and 14. II. SUMMARY OF BOARD OF COUNTY COMMISSIONER'S RECOMMENDED CHANGES Staff has provided a brief summary of the proposed changes that have been recommended by the BOCC, as follows: Article 3: Zoning • 3 -503, Use Table Revise Injection Well, Piped to be an Administrative Review instead of a By Right Use in the Residential Suburban Zone District. Article 15: Definitions • Oil and Gas Drilling and Production. Proposed modification of the definition as follows: Any operation on a COGCC - approved well oil and gas location utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and /or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced water pits or tanks, condensate tanks, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline and other equipment directly associated with oil and gas wells. III. SUMMARY OF DIRECTOR'S RECOMMENDED CHANGES Staff has provided a brief summary of the proposed changes that have been recommended by the Director, as follows: Article 1: General Administration • 1 -107. A. Restoring previously adopted language about the advisory nature of the Comprehensive Plan • 1- 109.B. Making consistent the title of the Official Zone District Overlay Map Article 3: Zoning • 3 -201, Table. Clarifying when height of telecommunication facilities may be in excess of maximum height and how this code section relates to review required in Table 3 -403 • 3 -403, Table, o Clarifying in the table that most uses in Public Lands zone district are Exempt from review by the County and not subject to County Standards (supplemental to application) o Removing "exempt" from products, processing, storage, distribution and sale off -site 11 P a ge a Adding footnote 1 to clarify that Minor Temporary Housing Facilities are processed administratively, but have a different process from the traditional "Administrative Review." o Adding footnote 3 to clarify that Pipelines are processed administratively, but have a different review process from the traditional "Administrative Review." (Supplemental to Application) o Telecommunication Facility, Clarifying how it relates to height restrictions and when an Administrative Review is required (Supplemental to application) Article 4: Application and Procedures • 4- 101.B.6. Clarifying when review of an application shall be completed when it is a Director's Decision • 4- 101.C. 3. Clarifying the comment period for referral agency review should be21 calendar days instead of business days • 4.101.H.3. Modifying that an Applicant has 90 days to submit a final plat and meet conditions of approval ■ 4.101.H.4. Clarifying time in which an Applicant has to record a plat after approval by the BOCC. • 4 -102. Table, Making the notice required for the section 4 -119 consistent with the text, requiring only mailed notice. • 4- 103.B.2.c. Clarifying mailing must go to both property owners and mineral estate owners and lessees. • 4-103.B.3. Revising notice for Administrative Review from 30 to 15 days • 4 -106. B.1.b(1). Clarifying process for approving, approving with conditions or denying an amendment. • 4- 106.B.1.b(2). Clarifying how a call -up of the Director's Decision of a substantial modification should be processed. Replacing 4- 106.6.2 • 4- 108.B.4.a. Clarifying written notice is mailed notice. • Table 4 -201, Revising Application types to reflect Section and Process headings. ■ 4- 203.A.1. Including requirement for qualified professional engineer to provide traffic studies for applications. • 4- 203.B.3. Moved 4- 203.G.1 and G.2 to general application materials since these are required for all applications (adjacent property owners and mineral owners /lessees). • 4 -203. B.5. Added Project Description submittal requirement. • 4- 301.A.7 Removed requirement for Minor Temporary Housing to provide proof of notice as part of complete application, as it is only accomplished after the application has been deemed technically complete Article 5: Divisions of Land • 5-101.B. Delete prohibition of a person being able to offer to sell land prior to platting ■ 5- 102.A.4. Clarify that a boundary line adjustment cannot create a lot less than 35 acres in size • Table 5 -103 o Make Minor Subdivisions the same as an Administrative Review process o Add 5 -307, Vacating a Final Subdivision or Subdivision Exemption Plat ■ 5 -307 Add new process for Vacating a Final Subdivision or Subdivision Exemption Plat ■ 5 -401 Table o Clarify that General Application Materials are required for a Common Interest Community Application o Add submittal requirements for 5 -307 ■ 5- 402.J. Added submittal requirements related to vacating plats process 5 -307 2 I P a g e Article 6: Planned Unit Developments • 6 -101.D Clarify title of process. • Table 6 -201, Clarifying process and notice related to a minor and substantial modification of a PUD amendment • 6- 203.A. Clarifying what always constitutes per state law, a Substantial modification • 6- 203.B. Revising process and related notice for a minor modification • 6- 203.8, a.3. Provide notice for minor amendment to all property owners within the PUD • 6 -301, Table clarifying that a PUD plan must be submitted with an amendment request Article 7: Standards • 7 -107 Table Correcting placement of footnotes 1 and 2 • 7 -203. Figure, adding back figure of 35 feet setbacks • Division3, clarification as to which type of applications Division 3 standards apply ▪ 7 -303, Clarifying applicability of Landscaping Standards • 7 -305 Clarifying applicability of snow storage standards • 7 -603 Correcting ISDS to OWTS • 7- 1001.H. Reintroducing hours of operation standards for Industrial Uses • 7- 1002.C. Correcting noise standards for Gravel Extraction Article 9: Pipelines • 9- 103.E. Clarifying section heading • 9- 103.F.6. Clarifying timeline for meeting conditions of approval Article 14: Areas and Activities of State Interest • Modification of entirety of Article 14 to better reflect state statutes provisions and application of similar process and language as the remaining Articles of the County's Code, as recommended by the County Attorney's Office. IV. STAFF ANALYSIS — ULUR CRITERIA FOR A TEXT AMENDMENT Section 4 -114 outlines the procedures and criteria for consideration of a Land Use Code Text Amendment request to the ULUR. The criteria for approval of a Land Use Code Text Amendment are as follows: a. General conformance with Comprehensive Plan and in compliance with any applicable Intergovernmental Agreements. The Comprehensive Plan has been designed to ensure that land use decision- making in the County is 1) responsive to community goals and objectives, 2) Respects the sensitive ecosystems within the county's jurisdiction, 3) does not unduly burden the county with service inefficiencies, 4) does not infringe on a private property owner's right to develop his /her land, and 5) protects the overall public health, safety and welfare of county residents (Comprehensive Plan 2030, Page 14). There are no intergovernmental agreements impacted by the proposed text amendment. b. Compliance with Statutory Provisions. The Colorado Revised Statute Title 30, Article 28, Section 133, as amended, provides for the approval of subdivision plans and plats, and the adoption of regulations governing such plans and plats by the Board of County Commissioners for the unincorporated areas of Garfield County, Colorado. Pursuant to this authority, the County's subdivision regulations may be 31 P a ge amended by the Board of County Commissioners from time to time. This proposed text amendment is in compliance with this statutory provision. V. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed this text amendment at their October 9th meeting. The Planning Commission recommended approval of the text amendment, excluding the proposed amendment to the Oil and Gas Drilling and Production. The Planning Commission requested that staff work with industry representative Phil Vaughan on the proposed text amendment and that this text amendment be noticed to be heard at their December meeting. 4 1Page October 2, 2013 .�© �..1i1r�.. V,tl:(∎yi1A1 (,(4 \C•IItI.S.Ii OA M,51,t01I11INI, IkSt 1038 Caumy Rd 323 `V.. RIIIe, CO 81650 Ms. Tamra Allen Planning Manager Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Sent via email: tallen @garfield - county.com Dear Ms. Allen, EXHIBIT 1 F\ Please find below comments and questions regarding the text amendments to the Garfield County Land Use and Development Code (LUDO) posted on the Garfield County website noted as "Exhibit E" for the October 9, 2013 Garfield County Planning Commission hearing. I will be in attendance for the 10/9/13 hearing as well. Article 4: Application and Review Procedures Article 4- Page 4 -26. Section 4- 203.B.3.b. Amended language is being proposed stating "A list of mineral estate owners in the subject parcel, their name, and the mailing address for each owner or lessee." 1 would recommend that the minerals ownership be provided for the portion of the project where the proposed use will be conducted. This is especially important on large parcels where the development is to occur on 25 acres of a 600 acre parcel. Article 14: Areas and Activities of State Interest Page 14 -20. Section 14 -404. Proposed language has been included for "Additional submittal requirements applicable to municipal and industrial water projects ". In 2012 and 2013 I made an inquiry to Garfield County if this language for "industrial water projects" under the 1041 powers includes facilities such as centralized exploration and production waste facilities operated by oil and gas companies. Garfield County indicated that this type ofE &P waste facility does not fit in the 1041 regulatory realm, but is defined as a "Water Impoundment ". I would request clarification of this issue again by Garfield County within the LUDO so that this issue is clear. Page 1 of 2 Article 15- Definitions I had recommended at the 7/15/13 Garfield County Board of Commissioners hearing that the following Colorado Oil and Gas Conservation Commission definition of "oil and gas location" be added to article 15 for further clarification. The term "oil and gas location" is noted within the proposed definition of "Oil and Gas Drilling and Production ". "Oil and Gas Location shall mean a definable area where an operator has disturbed or intends to disturb the land surface in order to locate an oil and gas facility." If you have questions or comments, please do not hesitate to cal I our office at (970) 625 -5350. Sincerely, Phil Vaughan Construction Management, Inc. Philip B. Vaughan President Page 2 of 2