HomeMy WebLinkAbout3.0 Staff Report 12.21.08Exhibits for Public Hearing held on April 21, 2OO8 for a Text Amendment to add
"water lmpoundments" to the Plateau
A +r{ait-Reeeiprts
B ffi
c olution of 1978, as amended
D Garfield County Comprehensive Plan of 2000
E Staff Memorandum
F Application submitted by Marathon Oil Company
G
H
I
Exhibit Letter
{A to Zl
Exhibit
REQUEST
APPLICANT/OWNERS
REPRESENTATIVE
BOCC 04t21t2008 FJ
PROJECT INFORMATTON AND STAFF COMMENTS
Amend the text of County Zoning Resolution of 1978,
as amended, to include "Storage, Processing and
Material Handling" as a Conditional Use in the
Resource Lands - Plateau Zone District
Marathon Oil Company
Amy Stoodt (Marathon Oil Company)
I. BACKGROUND
As natural gas drilling generates large amounts of water from the drilling process as a by-
product (also defined by the COGCC as E & P Waste), some operators have preferred to
transport this water to large storage ponds either for evaporation, treatment and discharge, or
for reuse in the fraccing process. Other operators also obtain permits from the COGCCio re-
inject this water back into the ground. Additionally, there may be a desire to create storage
ponds to hold fresh water used in the fraccing process.
The County defines these facilities generally as "storage and Material Handling of Natural
Resources." In the case where there is a processing element such as removing hydrocarbons
to clean the water, it would be defined as "Storage, Processing, and Material Handling of
Natural Resources." Examples of these facilities approved by the County are shown below:
Marathon Oil Company (Marathon) owns land and is pursuing naturalgas development on the
Plateau northwest of Parachute, CO. ln doing so, they have identified the need to store and
reuse produced water that is generated from the natural gas drilling activity typically including
drilling, completion, and production operations. This activity is currently claisified ai "storage,
Processing, and Material Handling of Natural Resources" in other zone districts in the County
but is not explicitly identified as an allowed use on the Plateau of the Resource Lands Zone
District. So, as the County's Zoning Resolution of 1978, as amended (the Code) is presently
written, Marathon could not construct a pond to hold, reuse, or evaporate produced water on
the Plateau.
[Note, while some drilling operations have water pits on the COGCC regulated drill pad, these
uses that are the subject of this application are those ponds that are to be constructed on lands
other than well pads. This does not extend to regulate water pits on well pads that are specific
to that drilling operation. That said, if an operator wishes to use a water pit to hold water from
other drilling operations, it would fall under this regulation.l The following set of photos is of
Encana's Hunter Mesa Facility.
Hunter Mesa Evaporation / Recycling Facility
Evaporation Pond High Salinity Pond
TanksTreated Water Pond
II. PROPOSAL
Based on the above, Marathon submitted a request to Garfield County to amend the County's
Zoning Resolution of 1978, as amended (the Code) to include "storage, Processing, and
Material Handling of Natural Resources" as a Conditional Use in the Code.
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III. COMPREHENSIVE PLAN LAND USE GOALS, POLICIES, AND OBJECTIVES
The Plateau region within the Resource Lands is generally classified as either "Public Lands" or
"Outlying Residential" for privately owned lands. The following graphics illustrate where the
"Plateau" is generally located and how it is defined.
As you are aware, there are very few residences in these rather remote areas of the County. ln
contemplating this requested use on the Plateau, it's important to review the goals, policies,
and objectives identified in the Comprehensive plan germane to this activitywhich are provided
here:
9.0 NATURAL RESOURCE EXTRACTION
ISSUES:
Primary issues concerning natural resource extraction identified during the Comprehensive
Plan process include the following:
r The relationship between previously approved mining operations and residential
development has resulted in visual, noise and traffic compatibility issues;
. The property rights of private property owners must be balanced with the rights of
mineral lessees;
. The County must be proactive in reacting to market conditions that will impact the level,
location and scale of mineral extraction within the County;
. Garfield County has significant mineral resources that has, and will continue to have, a
considerable impact on the economic health of the County.
GOAL:
Gartield County recognizes that under Colorado law, the surface and mineral interests
have certain legal rights and privileges, including the rightto extract and develop these
rnferesfs. Fufthermore, private property owners also have certain legal rights and
privileges, including the right to have the mineral esfafe developed in a reasonable
manner and to have adverse land use impacts mitigated.
OBJECTIVES:
9.1 The County will require adequate mitigation to address impacts of mineral extraction on
private property owners, without undue burden on the legal rights of mineral lessees.
9.2 The County through the implementation of the Comprehensive Plan, Zoning and Special
Use Permit policies, will address future compatibility issues with current mining
operations.
9.3 The County will ensure that mineral extraction activities will not adversely affect the
natural environment, including air quality, water quality, wildlife habitat or important
visual resources.
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9.2
POLICIES:
9.1 Garfield County, to the extent legally possible, will require adequate mitigation to
address the impacts of mineral extraction on adjacent land owners. These measures
may include the following:
A. Landscaping and screening;
B. Modification of phasing or area to be mined;
C. Roadway improvements and signage;
D. Safe and efficient access routes;
E. Drainage improvements to protect surface and groundwater.
Garfield County, in coordination with relevant special districts, authorities and
municipalities, will require that developers of energy or mineral extraction projects
finance the construction and operation of any public improvements which, now or in the
future, will be required by their projects.
Garfield County will require developers of mineral extraction projects to participate in and
contribute to the funding of the County's monitoring of the demographic changes and
socioeconomic impacts associated with such projects. The applicability of this policywill
be assessed on a case-by-case basis by the Board of County Commissioners.
Dust, odors and fumes should be contained within the extraction site generating such
emissions and should not negatively affect any surrounding land use.
Any proposal regarding mineralextraction that cannot mitigate adverse impacts may be
denied based on a finding of incompatibility, for the following reasons:
A. Adversely affecting the desirability of the immediate neighborhood or the entire
community;
lmpairing the stability or value of existing adjacent properties,
Adversely affecting the quality of life of existing adjacent residences;
Showing a lack of quality or function in operational planning and/or design;
Creating a public danger or nuisance to surrounding areas;
Altering the basic character of adjacent land uses or the entire community.
9.3
9.4
9.5
B.
C.
D.
E.
F.
PROGRAMS:
9.1 The Garfield County Zoning Resolution will be revised to reflect the Goals, Objectivesand Policies.regarding resource extraction. lt is suggested subdivision'oevLtofersobtain all subsurface rights (mineral rights) associa[ed with the land propor"d fo,subdivision prior to Final Plat approval. All mineral leases and owners of record of theplatted property shall be identified on the Final plat.
9'2 Planning staff, with the cooperation of the Planning Commission, will revise the SpecialUse Permit process to reflect the need to ensure compatibility of minerat extractionactivities with adjacent land uses.
4.0 INDUSTRIAT USES
GOALS:
lndustrial: Garfield County will encourage the development of a diversified industrialbase for the County which recognizes ihe human resources, natural resources andphysical location'to'market capabilities of the community, and which fufther recognizesand addresses fhe social and environmental impacts of industrial uses.
Direct heavy industriat deveropments to the airport center.
Future, long-term commerciat and industriat development in western Gartield Countyand at interchanges along l-70.
OBJECTIVES:
4'1 To ensure that industrial development is compatible with adjacent land uses andmitigate impacts identified during the plan review process.
4'2 Encourage the location of industrialdevelopment in areas where visual, noise, airqualityand infrastructure impacts are reduced.
4'5 Ensure that the type, size and scope of industrial development are consistent with thelong-term land use objectives of the County.
4'6 Ensure that Zoning Regulations addressing lndustrial uses reflectthe changing land usepatterns and demographics of the County and encourage the further diversification ofthe County's economy.
4'7 Ensure an industrial development policy that is environmentally sound and acceptable toCounty residents and policy makers.
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POLICIES:
4'2 County zoning regulations regarding industrial development will be compatible with land
use policies of adjacent jurisdictions.
4.3 Landscaping and screening will be required to address specific visual impacts of
ind ustrial development.
4.4 The project review process will include the identification and mitigation of transportation
impacts related to industrial development.
4-5 Zoning regulations and a review process willbe developed and enforced that recognize
the differences in size, scope, and type of industrialdevelopment. A hierarchical r&iew
process will be developed which respects the unique land use issues based on the size
and scope of the project. The County will require impact mitigation for these projects,
when appropriate.
Staff Findinq
The issues, goals, objectives, and policies listed above would all need to be considered in thisrequest because the intent of the regulations (or changes to them in this case) should
implement the Comprehensive Plan. The most important goalto bear in mind is that"Gafiield
County recognizes that under Colorado law, the surface and mineral interess haveceftain legal righE and privileges, including the right to extract and devetop fhesetnferesfs. Furthermore, private property owners also have ceftain tegal rig'hts andprivileges, including the right to have the mineral estate developed ii a reisonablemanner and to have adverse land use impacts mitigated.,,
Much of the language above discuses compatibility issues and efforts to reduce impacts that
are to be evaluated through a review analysis on a project by project basis. So, it would seem
appropriate to allow "Storage, Processing, and Material Handling of Natural Resources as a
Conditional Use so th_at the County has a review process to ensure the goals and objectives ofthe Comprehensive Plan can be met. Additionally, this type of use iJ consistent with other
Conditional Uses on the Plateau such as extraction, processing, fabrication, etc. that are similar
in impact.
Regarding impacts, Staff recommends that this use (as a Special Use) be required to meet all
the industrial performance standards (section 5.03.07 and 5.03.08 of the Zoning Resolution)
which the Board has commonly applied to these types of facilities:
l0du1trial Ooerations: lndustrial Operations, including extraction, processing,
fabrication, industrial suppoftfacilities, mineral waste dispoial, storage, san-itary landfiit,
salvage yard, access routes and utility lines, and water impoindments -shalt
bepermitted, provided:
(1) The applicant for a permit for industrial operations shall prepare and submit to the
Planning Director ten (10) copies of an impact statement on the proposed use
describing its location, scope, design and construction schedule, including an
explanation of its operational characterisfics. One (1) copy of the impact statement
shall be filed with the County Commissioners by the Planning Director. The impact
statement shall address the following:
(A) Existing lawfuluse of water through depletion or pollution of surface run-off,
stream flow or ground water;
(B) lmpacfs on adjacent land from the generation of vapor, dust, smoke, noise,
glare or vibration, or other emanations;
(C) lmpact5 on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration
routes, use patterns or other disruptions;
(D) Affirmatively show the impacfs of truck and automobile traffic to and from
such uses and their impacts to areas in the County;
(E) That sufficient disfances shall separate such use from abutting propefi which
might otherwise be damaged by operations of the proposed use(s);
(F) Mitigation measures proposed for all of the foregoing impacts identified and
for the standards identified in Section 5.03.08 of this Resolution
(2) Permits may be granted for those uses with provisions that provide adequate
mitigation for the following:
(A) A plan for site rehabilitation must be approved by the County Commissioners
before a permit for conditional or special use will be rssued;
(B) The County Commissioners may require security before a permitforspecialor
conditional use is r.ssued, if required. The applicant shall furnish evidence of a
bank commitment of credit, bond, certified check or other security deemed
acceptable by the County Commrssioners in the amount calculated by the
County Commissioners to secure the execution of the site rehabilitation ptanin workmanlike manner and in accordance with the specifications and
c o n stru cti o n sc h ed u/e esfab/is h ed o r a p p roved by th e C o u nty Co m m iss i o n ers.
Such commitmenfs, bonds or check shall be payabte to and held by the
County Commissioners;
(C) lmpacfs sef forth in the impact statement and compliance with the standards
contained in Section 5.03.08 of this Resolution. (A. 99-061)
Section 5.03.08 lndustriil Pertormance Standards
lndustrial Pertormance Standards: All industrial operations in the County shalt compty
with applicable 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 sha// be conducted in such a manner as to minimize heat, dust,
smoke, vibration, glare and odor and all otherundesirable environmentateffecb beyond
the boundaries of the propefi in which such uses are located, in accord with the
following standards;
(1) Volume of sound generated shall comply with the standards setforth in the Colorado
Revr.sed sfafufes at the time any new application is made. (A. 99-06l)
(2) Vibration generated: every use shall be so operated that the ground vihration
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 pafticulate matter: every use shall be operafed so as fo
comply with all Federal, Sfafe 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 fumes which substantially interfere with the
existing use of adjoining propefi orwhich constitutes a pubtic nuisance or hazard.
Flaring of gaseg aircraft warning signals, reflective painting of storage tanks, or
other such operations which may be required by law as safety or air potlution control
measures shall be exempted from this provision;
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposat areas:(Ag7-
112)
(A) Storage of flammable or explosivesoft'ds orgases shatt be in accordance with
accepted standards and laws and shall comply with the national, state and
local fire codes and written recommendations/commenb from the appropriate
local protection district regarding compliance with the appropriate codes;
(Ae7-112)
(B) At the discretion of the County Commissioners, atl outdoor storage facitities
may be required to be enclosed by fence, landscaping or walt adequate to
conceal such facilities from adjacent property; (Ag7-112)
(c) No materials or urasfes shallbe 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; (AgT-112)
(D) Storage of Heavy Equipmentwill only be allowed subjectto (A) and (C) above
and the following standards: (AgT-112)
1. The minimum lot srze is five (5) acres and is not a platted subdivision.
2. The equipmgqt s|91age area is not placed any closer than 300 ft. from any
ex isti n g ies i denti a I dwel I i ng
3. All equipment storage will be enclosed in an area with screeninq at leastgight (8) feet in height and obscured from view at the same etivaiion orlower. Screening. -ma)t include bgrrying, landscaping, sight obscuringfencing or a coribinaiion of any of thesd'methods.' '
4. Any repair and maintenance activity requiring the use of equipment that wittgenerate noise, odors or glare beyoia thd propertv bo'uidaries witl beconducted within a building or ouidoors duiingj thd hours of I a.m. to 6p.fr., Mon.-Fri.
5. Loading and.unloadiryg of vehicles shall be conducted on private propertyand may not be condicted on any public right-of-way,
(E) Any storage area for uses nof associated with natural resources shall not
exceed ten (10) acres in size. (AgT-112)
(F) Any lighting of storage area shatl be pointed downward and inward to thepropefi center and shaded to prevent direct reflection on adjacent propefi
(Ae7-112)
(6) Water pollution: in a case in which potential hazards exist, it shall be necessary to
install safeguards designed to comply with the Regutations of the Environme-ntal
Protection Agency before operation of the facirities may begin.
IV. PRESENT USES ON THE PLATEAU
Uses. by rioht
Ranching, farming and general agriculture, guiding and outfitting, accessory uses and
structures related to agriculture; Single-family dwelling units related to an individual ranch or
farmstead. Pipeline (Subject to review and approval per procedure and requirements of Section9.07) .,,i(\'
conditional Uses y (*
Communication towe/.extraction, processing, fabrication, storage area, salvage yard, sanitary
nd-fill,_wateri , mineralwaste disposal area, warehouse facilities/staging areas,
and accessory use to the above, group home for the elderly.
Special Uses
Air carrier airport, commercial, recreation uses; public gatherings, communication facility,
correction facility, utility lines, utility substations, Mass Transit Facility, and Temporary
Employee Housing
You will recall, the Planning Commission and Board of County Commissioners have recenfly
reviewed this issue in the draft revised land use regulations (currently under review) and have
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defined the use as a "Water lmpoundment" and agree that it be a "Limited lmpact Review" on
the Plateau which has been defined in Article XVI as follows:
Water lmpoundment: lncludes wastewater treatment settling ponds, surface mining
ponds, detention and retention ponds, artificiallakes and ponds,
and similar water features. Also included. but not limited to
produced water and condensate impoundments as the terms are
used by the oil and gas industrv.
As you can see, the Planning Commission recommended and the Board of County
Commissioners (Board) agreed (with the participation of the Oil and Gas lndustry on both
accounts) that the storage of produced water on the Plateau should be included as Limited Use
which requires a public hearing before the Board. Also note, a Limited lmpact Review is more
aligned with a Special Use, in that, the Board can deny the use; whereas, a Conditional Use
may only be conditioned and generally not denied.
ln this way, to be consistent with what both the Planning Commission and the Board have
discussed with the participation of the Oil and Gas lndustry in the Draft Land Use Regulations,
the Planning Commission recommended the Board amend the Zoning Resolution of 1978, as
amended, to include water impoundments as a Special Use on the Plateau and change the
definition of said use to match what is proposed in the Draft Regulations.
Additional Comments
These water storage ponds / evaporation ponds are uses that can pose environmental hazards
to wildlife as attractants, have the potential to leak or breach thereby polluting surface and
groundwater sources, emit significant odors, and generate specific large truck traffic for water
and petroleum byproduct (hydrocarbons) haulers on County roads.
On the other hand, they can serve as valuable reservoirs / holding areas for the significant
amount of water produced in the drilling and completion operations where the water can be
recycled for future use. Additionally, when used in conjunction with pipelines, liquids can be
efficiently moved around partially eliminating the need forwater hauling tankers throughoutthe
County reducing PM-10 generation and increasing safety.
Finally, in the specific project review for such a facility, there are methods that can help mitigate
some of the environmental concerns such as double liner systems and leak detection systems,
fencing, waterfowl netting / deterrent systems, biocides that help reduce odors, and an
engineering drawing set that demonstrates that the facilities have been "over designed" to
handle breach / overflow issues. Although these ponds can consume significant amounts of
surface land, they also serve (if containing fresh water) as a potentialwater source in the event
of a wildland fire in areas where there may be no water at all. Fire Districts would typically
require a dry-hydrant to be installed so that trucks could pump from those facilities to fight
wildfires.
Based on these comments coupled with the language in the Comprehensive Plan and direction
already provided by the Planning Commission and the Board with the participation of the Oil
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and Gas lndustry, the Planning Commission recommends the Board amend the Resource
Lands - Plateau Zone District be amended to include Water lmpoundments as a Special Use
and amend the definitions to include the revised definition stated earlier for Water
lmpoundments as well as amend the definition of lndustrial Operations to include Water
lmpoundments. ln this way, it would be subject to the County's lndustrial Performance
Standards in Section 5.03.07 and 5.03.08 included above.
V. PLANNING COMMMISSION RECOMMENDATION
The Planning Commission unanimously recommended the Board approve the following
amendments to the text of the County's Zoning Resolution of 1978, as amended:
1) Amend Section 3.10.01 to include "Water lmpoundments" as a Special Use;
2) Amend Section 2.02.53 to replace the existing definition of Water lmpoundment with the
following:
Water lmpoundment: lncludes wastewater treatment settling ponds, surface mining
ponds, detention and retention ponds, artificiallakes and ponds,
and similar water features. Also included, but not limited to
produced water and condensate impoundmenfs as the terms are
used by the oil and gas industry.
3) Amend Section 2.00 to replace the old definition of Water lmpoundment with "Water
Reservoir" as the following:
Water Reseruoir:A natural or artificial place where water is collected and stored
for use, esp. water for supplying a community, irrigating land,
furnishing power.
4) Amend Section 2.02.31and Section 5.03.07 to add "Water lmpoundment" as defined in
Section 2.02.53.
VI. SUGGESTED FINDINGS
That the meeting before the County Planning Commission and Board of County
Commissioners was extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard.
Such use is appropriate to the physiographic and general environmental character of the
District to which it is added;
Such use does not create any more hazards to or alteration of the natural environment
than the minimum amount normally resulting from the other uses permitted in the District
to which it is added;
1.
2.
3.
t2
4.Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor,
glare or other objectionable influences or more traffic hazards than the minimum amount
normally resulting from the other uses permitted in the district to which it is added;
Such use is compatible to the uses existing and permitted in the district to which it is
added.
That the proposed text amendment can be determined to be in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
That the application has met the requirements of the Garfield County Zoning Resolution
of 1978, as amended.
5.
6.
7.
l3
/ er
Marathon
Oil Company
Rockies Gas Team
T43Horizon Ct., Suite 220
Grand Junction, CO 81506
Telephone 97 0 I 245-5233
Fax970/245-6287
February 22,2008
FEB 2 6 20a8
Mr. Fred Jarman
Garfield County Building and planning Director
108 8th Street
Glenwood Springs, CO 81601
Subject: Application for Text Amendment to Zone DistricUZoning Resotution
Dear Mr. Jarman:
Please find enclosed Marathon Oil Company's Application for a Text Amendment to Section3.10.01 of Garfield County's Zoning Resolution of 1978, as amended, which would allow
material handling as a conditional use in the Resource/Lands - Plateau Zone District.
Marathon proposes that the "Uses, conditional" subsection of Section 3.10.01 be amended
by adding the use "Storage, processing and material handling of natural resources.'
Storage, processing and material handling, such as ponds or other facilities for handling
water produced from natural gas drilling, completion, and production operations, are
necessary components of the development of natural gas resources and is an allowed use in
many other Garfield County zone districts. These facilities enable natural gas operators to
efficiently and safely handle wastes and other materials associated with development
activities and frequently result in reuse of materials and a reduction in truck traffic associated
with the handling and transport of such materials.
We have provided copies of the following information in support of this application.
o Attachment 1: The deed to the real properties owned by Marathon which would be
affected by this text amendment;. Attachment 2: Legal descriptions of the real properties owned by Marathon which would
be affected by this text amendment and a map of Garfield County Assessor parcels
identifying the subject real properties;. Attachment 3: A completed "Agreement for payment" form;
February 21,2008
Page2
o Attachment 4: The compreted and signed rext Amendment Apprication.
gi#fi-g{j:'3":i[t[."tarr has anv questions resardins this apptication, ptease contact me at
Sincerely,
Marathon Oil Company4%
n( stooot
Planning and Construction Supervisor
Rockies Gas Team
Enclosures - As Stated
-
GARFIELD COUNTY
Building & Planning Department
108 8'n Street, Suite 201
Glenwood Springs, Colorado g1601
Telephone: 970. 945. g21 2 Facsimile : 97 0.3g4.34T Owww.oarfield-countv.com
FEB 2 6 200s
Text Amendment to
GENERAL INFORMATION
(To be compteted by the applicant.)
FAddress:Telephone: 9tO-245-5283 x 2225.._.._vir yr, vrv. 44v I trtepilorle. glu_24b_5233)City: Grand Junction ST FAX: 970_245_6287
)Address:
FCity:
ij0"""."f,:.-P^:.1,""^::l^C:r!ly Zoning Resotution of 1e78 or pUD to be amended:
)Purpose for the proposed text amendment:
Ip:" r'ro ''lix-l:ol Date Subm,u"olS'* o#T,",
\- Etl^^- ^ -.FPlanner: HeainDZte,
Telephone:State: Zip Code: FAX:
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield county who desire to 1) amend,add, or delete specific text in the county Zoning Resolution, and 2)amend, add, or delete text ofan approved zone district in the Zoning Resolution or an approved planned Unit Development
(PUD).
As a minimum, specifically respond to all the following items below and attach any additionalinformation to be submitted with this application:
1' Submit a cover letter containing a detailed narrative describing the proposed amendment toan approved zone district-inclqding an approved Planned Unitbeveiopment (pUD) or text or .,,/the Zoning Resolution of 1978, is amended. This narrative should describe the overallpurpose of the amendment and the specific sections of the resolution are to be amended.
2' submit a copy of the deed, legal description, and copy of the county Assessor,s Map of the u/real property, owned by the Applicant in Garfield iounty, which will be affected by suchchange.
3' lf you are acting as an agent for the propgty owner, you must attach an acknowledgement ,/from the property owner that you may aci in his/her be'harf.
4' submit payment of the $300'00 Base Fee: Applicant shall sign the "Agreement for payment,, /form and provide the fee with the application.
5' submit 2 copies 9f tl'jt completed application form and all the required submittal materials tothe Building and Planning Department. staff will request additional copies once the /
application has been deemed technically complete.
(An amendment to an approved zone district or text of the Zoning Resolution is considered atwo step process because it is first reviewed by trepianning commission which makes arecommendation to the Board of county commisiions. The foli-owing .teps oritine how the TextAmendment apprication review process works in Garterd bounty.)
1 ' submit this completed application form. (pageg 1-4), base fee, and all submittal requirementsto the Garfield county Planning Department. lt wili be received and given to a staff plannerwho will review the apprication ior technicar corpt"tene.s.
2' once the application is deemed technically complete, the staff planner will send you a letterindicating the application is complete. ln addition, tne Ltter will indicate the dates and timesscheduled for your request to be heard before the Planning commission during a publicmeeting (no notice required) and the Board of county commissioners during a publichearing (notice required)' The Planning commission wirr fonruard a recommendation to theBoard of county commissioners to beionsidered during a properly noticed public hearing.staff will send you the appropriate "Public Notice iorrGl"'inoicati'ng tn"-tir" and date ofyour public hearing and will provide you with a staff Memorandum regarding your request.
-
lt.
(lf Staff determines your application to be deficient, a letter will be sent to you indicating thatadditional information is needed to deem your appticition complete.)
3' lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the publichearing before the Board of County commission"rr. lf proper notice has not occurred, thepublic hearinq will not occur. Notice requirements are as follows:
a' Notice by publication, including the name of the applicant, description of the subject lot,a description of the proposed imendment and naiure of the hearing, and the date, timeand place for-l|e hearing shall be given once in a newspaper of general circulation inthat portion of the County in which t-he subject property is located a"t least thirty (30) butnot more than sixty (60) days prior to the date of sucl'r hearing, and proof of publicationshall be presented at hearing by the applicant.
4' The Applicant is.required to appear before the Planning commission and the Board ofCounty commissioners at the time and date of the fublic meeting / hearing at which timethey will consider the request. ln addition, the Applicant shall provide proof at the hearingbefore the Board of county commissioners that pi"J"i notice (publication) was provided.
5' once the Board of County Commissioners makes a decision regarding the request, staff willprovide the Applicant.with a signed resolution memorializing th"e actiJn tat<en by the Board.
[:'gilllsrthe Boards' approval, this office will make the a-pproveo cr'anges to the Zoning
I have read the statements above and have provided the required attached information which iscorrect and accurate to the best of my knowledge.
Last Revised: 0212006
re of applicanUowner)
ATTACHMENT 1
-
When recorded rerurn to:
Peggy GiJbert
Marathon Oil Compa-ny
5555 San Felipe
Room 1453
Housron, TX 77056
SPECIAL WARRANTY DEED
^^- -- IHrs DEED, made this r76day of December, 2007, between BERRY PETROLEUMCOMPANY, a Delaware co-rporation, (;'Grantor") whose regar address is gso fi,hsreeq suite24o0' Denver' Cororado aozOz ana I'{ARArHoi.r oIi cdupalri, * oiio.o[or"rron,("Crantee") whose legal address is 5.555 San Felipe, Houston, Texas 77056:
WITNESSETH, That the Grantor, for and in considerarion of rhe sum of one Million,Two Hundred Fifteen Thousand, Ten and 4gl100 Dollars (g1,215,010.4g), the receipt andsufficiency of which is hereby acknowledged. has granied, bargained, sord ani conveyed, and bythese presents does grant, baigain, sell, co"nvey unfr *nn.- unto the Grantee, its successors andassigns forever, as a tenant in common, an undlvided one-halfof 70ovo (beingan undivided 507o)interest in and to a-ll of &g r1a] property, tog"*,". *itt imp.ovements, iri-agr," associaredtherewith' and any after acquired inLr*.t (colteiivery',property,,), ifany, situate, lying and beingin the county of Garfield, State of colorado, describ'ed-on Exi{rBIT ..A;' uttu"h"d h"reto and bythis reference made a part hereof.
Also known by street and number as: vacant land.
TOGETITER with ail and singular the hereditaments and appurtenances theretobelonging, or in anywise -appertaining, and the reversion and reversions, remainder andremainders, rents, issues and profits.ft"."9f: and subrogation of Grantee to ,t".igr,t, of Grantorunder all the covenants and warranties of title wirh i.r'p.., ,o the property previousry made byothers in the chain oftitle; and ar the estate, right, titre,interest, claim and demand whatsoever ofthe Grantor, either in law or equity, or in aid io the property, SUBJECT To the permirredExceptions set forth on EXHIBIi "B", attached hereto and uy tt ir r"r"i"nc" ,nra" u pr.t t
"r"or;
TO HAVE AND TO HOLD the said premises above bargained and described with theappurtenances, unto the srantee, its successors and assigns, forevei, as tenants in common. Theglqtot' for jtself and it{ success-ors and assigns, does covenant and agree that it shall and willWARRANT AND FOREVER DEFEND rr,'" ^u.""-u-gained premises in rhe quiet andpeaceable possession of the Grantee, its successors and assigns, against ar uJ "r".y person orpersons claiming the whole or any par:t thereof, by, through or under Grantor.
rN wmNEss WEEREOF, the Grantor has executed this deed on rhe date set forthabove.
,W
STATEOFCOLORADO )
crryANDCorrNTyoFDENVER ]'"
-- _h:-!?r.going insrrumenr was acknowledged
(488_v:EE_Y_, 2008, by Dan Anderson u, "Vi."
PETROLEUM COMPANY, i D"la*u."
"o.po.ution.
WITNESS my hand and official seal.
My commission Expires: 5 - 6. ao//
before me on this tS 7t day of
President-Production of BERRy
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Notary Public
EXHIBIT A
LEGAL DESCRIPTION
Parcel I
Tow.nship_5 South. Range 96 West of the 6,h p.M.
Section 29: Sra Sr2
Section 32: titsr/a NEr/d l_yr7a, N172 SW17a, SEva SWv+, Wrzz NEv+,(part of) Tax Parcel No. 2 I 3532 I 00009
Parcel 2
Tow.nship_5 South. Ranee 96 West of the 6th p.M.
Section 32: SElr+
Section 33: SWv+
(remaining parr of) Tax parcel No. 213532100009
Parcel 3
Towlship 6 South. Ranee 97 West of the 6th p.M.
Section- l: Lots 10, tl, 12, t5,IijljgJz,23 and24(part oI) Tax Parcel No.2t690l 1.OOO27
The intent ofthis Deed is to convey an undivided 50% interest in all ofthe lands andinterests conveyed to Grantor by that certain Special warranty Deed recorded in therecords ofthe Garfield county, colorado, clerk and Recordei at Reception No. 71 1206on No-vember 15, 2006, and that certain personal Representatives Deed recorded in thoserecords at Reception No. 711207 on November $,;006.
H
1.
2.
3.
4.
EXHIBIT "B"
PERMITTED EXCEPTIONS
Rights or claims of parties in possession not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area,encroachments: Td any facts, which a correct suivey and inspection of thepremises would disclose, and which are not shown ty tf,e prUtic r..o.Jr. -
Taxes and assessments for 2OO7 and subsequent years, a lien not yet dueor payable.
Any and all water rights, claims, or title to water, whether or not thematters excepted are shown by the public record.
Right of way for ditches gl "llul, consrrucred by rhe aurhoriry of rheUnited States, as reserved in United States pat# recorded January 16,1925 in n99t t lZ atpage 424 andreservarion ofall oil and gas, tog"it".with.the right to_prospect for, mine and remove lhssame pursuant to theprovisions and limitations of the Act of July 17, 1914in said patent, andany and all interests therein or assignments-thereof.
Right of way for ditches
91 cqafs constructed by the authority of rheUnited States, as reserved in United States pat# recorded May 14,l94Oin Book 194 at page 615 and reservation of alr coaiano other minerars,together with the right to prospect for, mine and remove the same pursuantto the provisions and limitations of the act of December 29, l9l6 in saidPatent, and any and all interests therein or arsignmerts thereof.
Right of way for ditches or canals constructed by the authority of theUnited States, as reserved in United States patentrecorded January 2g,1943 in Book 208 at page l3g and reservarion oiat .oul and orherminerals, together with the right to prospect f*, *ir" and remove the
:y:^quj:u*t to rhe provisions and limitations of rle Act of December
??:-l^r^16
in said Patent, and any and all interests me.etn o. assignmenrstnereot.
Reservations, conditions and stipurations contained in the united statesPatentNo. l43l39l recorded aprit tO, 1951 in eook ZSZ atpage543including, but not limited to the following:
That the.grant hereby made is restricted in its exterior limits to theboundaries of the said mining premises, and to anf veins or lodesof quartz or other rock in plaie bearing gold, silve'r, cinnabar, Iead,tin, copper and other valuible aepositiritrictr *uv i,ur" U."ndiscovered within said limits subsequenr ro anJ Jhich were notknown to exist on Iily 12, 1949.
That should any vein or lode of quartz or other rock in placebearing gold, silver, cinnabar, leaO, tin, .opp", o. orh". valuabledeposits, be claimed or known to exist witilin tlre above_describedpremises at said last-named dated, the same is expressly exceptedand excluded from these presents.
Right of way for ditches or canals constructed by the authority ofthe United States.
Reservation of all minerals, together with the right to prospect for, mineand remove the same as ."serrid by Redd n_"i.rln Warranty Deedrecorded December 20,1963 in Book 355 at page 5, and any and allinterests therein or assignments thereof.
5.
6.
7.
6-
9.
10.
14.
15.
11.conveyance to Ruth Latham of an undivided one-harf interest in and to all
11n91als owned by Larham Ranches in Warranty Deed recorded August20,1987 in Book 719 ar page 510, and any and aU inrerests therein orassignments thereof.
Lack of a right of access to and from rhe subject properry.
Reservation by Thomas A. Latham, Karen tre Latham and GingerLatham of a non-exclusive_easement, as more fully described inipecialWarranry Deed recorded November 15, 2006 in Btok 1g63 at eage eSt,and _Personal Representative Deed recorded November 15, ZOO6in Book
I 863 at Page 984.
Rights of Chevron Shale Oil Company under the Connected Road Right_of-Way Grant and Easement dated- effective November 14,2(/il6, andrecorded December 6,200l. at Reception No. 73g7g3, Garfield iounty,Colorado.
Rights of williams Producrion RMT company under the connected RoadRighrof-Way Grant and Easement aatea effective November 14,2006,and recorded December 6,2007 at Reception No. 73g7g4, GarfieldCounty, Colorado.
12.
13.
374 I I 63_3.DOC
ATTACHMENT 2
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Tow.nshrp 6 So-uth. Ranse 97 Wesr of rhe 6rh p.M.recuon-r: Lots 10,ll, 12,15,17,Lg,1g,22,23 and24(part of) Tax Parcel No. 216901 I.OOO21
EXHIBIT A
LEGAL DESCzuPTION
)ec!o1 :j : _ NE r ra NE r r+, llt-!^r1c,-f121 S Wra, SE 17a SW 17a. Wy 72 N E r7a,(part of) Tax parcel No. 2 I 3532 I 00009
(remaining part of) Tax parcel No. 213532100009
Parcel 3
The intent ofthis Deed is to convey an undivided 50% interest in alr ofthe lands andinterests conveyed to Grantor by that certain to*,"i warranty Deed recorded in therecords of the Garfierd county, colorado, crerk and Recordei at n"""piio. r.ro. 7 r 1206on No.vember 15,2006, andthat certain iersonal R.p."r.ntutiu.s Deed recorded in thoserecords at Reception No. 711207 on November f j, Z'OOO.
Parcel I
Section 29: Syu Srz
Parcel 2
Section 32: SEv+
Section 33: SWrz+
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0 1,500 3,000 6,000
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tFeet
1 inch equals 3,000 feet
SUBJECT REAL PROPERTIES/PARCELS
ZONE DISTRICT TEXTAMENDMENT
MARATHON OIL COMPANY
GARFIELD COUNTY COLOMDO
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Garden Gulch Road
Garfield County parcels
Parcels
U/Z parcet 21 6901100027
',ffi, parcel 21 35321 00009
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ATTACHMENT 3
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GARFIELD COUNTY BUILDING AI{D PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COLINTY (hereinafter COUNTy) and(hereinafter APPLICANT) agree as follows:
Marathon Oi1 Company
1. APPLICANT has submitted to CoLINTY an application for zone Text Amendment ApplicationAdd Storage. processing and Material Handling to .(hereinafter, THE PROJECT).Secti-on 3.10. 01 of Zoning R."o1r.ltloi
2' APPLICANT understands and agrees that Garfield county Resolution No. 9g-09, as amended,
,T:"lj'ff|.;"ff"':?',fl:l[*ft*Jrpe or subJivision or land use .e,iew uffii"utions, and tre guiaemes ror
3' APPLICANT and coLrNTY agree that because of the size, nature or scope of the proposedproject' it is not possible at this time to ascertain the full extent of the costs involved in processing theapplication' APPLICANT agrees to make payment of the Base Fee, established for the PRoJECT, and tothereafter permit additional costs to be biied to AppLICANT. aiprtcaNT agrees to make additionalpayments upon notification by the cotrNTY when they are necessary as costs are incurred.
4' The Base Fee shall be in addition to and exclusive of any cost for publication or cost ofconsulting service determined necessary by the Board of county commissioners for the consideration of anapplication or additional cotrNTY stafi time o. "*p"rr" ,oi .ou"r"d by the Base Fee. If actual recorded costsexceed the initial Base Fee, APPLICANT shall pay additional billings tl couNiy to reimburse the coLrNTyfor the processing of the PROJECT mentioned abo.re. APPLICANi acknowledges that all billing shall be paidprior to the final consideration by the coLrNTY of any larrd .rre permit, zoning amendment, or subdivisionplan.
APPLICANT
Date: 02 / 22 / O8
Amy Stoodt Marathon OiI Company
Print Name
MailingAddress: 743 Horizon ct', suite 220
Grand .Tunct.ion, Cd 81506
10t2004
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