HomeMy WebLinkAbout2.0 Staff Report 5.28.08Exhibits for a Public Meeting on May 28,2008 - Pipeline Submittal Text Amendment
Exhihit Letter
(Ato Zl
Exhibit
A Garfield Coun8 Zonng,Resolution of 1978, as amended
B Garheld County Comprehensive Plan of 2000
C StaffReport
D Application
b-
\,1,
'fttfinw
A,n1 fat 6(N- 0T/ttv,ttw^,* 6/J "4 o"d {' ksls+^btrea-L,
f;WVff*^,* ki^Ww W "rt6vd!!
Jror. - h ro*rr^{+el % Vtrfl -0"6W
04r/
\b '/
tr
5l^ /
ro '/
sw '/
?v/
wb0,,>
PC 5r28r08
KE
PROJECT INFORiiATION AND STAFF COIiIII'IENTS
REQUEST:
APPLICANT/OWNERS:
REPRESENTATIVE:
Amend the text of County Zoning Resolution of
1978, as amended, Section 9.07-04 (11).
EnCana Oil & Gas (USA) lnc-
Cordilleran Compliance Service, lnc. -
Doug Dennison
I. BACKGROUND
EnCana has applied for an amendment to the text of the County Zoning Resolution for the
administrative review process related to Pipeline Right-of-ways. The current regulations:
Section 9.07.M
Development plan Review for Pipeline Rioht-of-vmy. DeveloPment Plan Submission
(11) Land GranUPermits/Authorizations and Stiputations: attach a copy of any land grant,
permits, and authorizations including stipulations-
This regulation requires Agency aoproval prior to submitta! of a County application- Th'
proposJd change would allnw for concurrent agency review thus streamlining the application
process.
II. ENCANA PROPOSAL
The Applicant proposes to change the language of (]1) of the Development Plan Review for
pipefin6 Righrbfiay to allow foiconcurrent review. The proposed language for 9.07.04 (1 1):
I-and GranmermiblAuthorizations and Stipulations: attach a copy of any land
granl permig, authorizations including stipulations. Ihe process of obtaining
iand jrang, permits, and authorizations frcm any Federal agency may occur
concurteniy'with the teview of this application. lf concufient rcview occuns, a
condition ii "pp-r"l may be applied io this apptication reguiring the submilhl of
the apprcved Fedenl land gr3n$, permib and aufrrorizations.
The change to this submittal requirement would in no way change the review process of the
pipeline *-gnt-ot-ways and the intent is not to negate the Federal Agency review prgcess-
i"surn"" of ttre permit would not occur until such time as the land granUpermiUauthorization
inctuOlng stipulations is submifted to the County therefore the intent of the review process is
PC 5r28r08
KE
intact.
III. COMPREHENSIVE PI-AN I-AND USE GOALS AND OBJECTIVES
The proposed text amendment is consistent with the Garfield County Comprehensive Plan
in that it does not materially change the information that is submitted, but rather the
timeframe of when it may be provided'
N. STAFF RECOi'MENDATION
Staff recommendsthe planning Commission recommend the Board of CountyCommissiolers
approve the text amendment al written, with the applicant understanding that issuance of the
pLirit is contingent upon submittat of the Land GranUPermiUAuthorization and stipulations.
V. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS
1. That the meeting before the county Planning commission was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard.
2. Such use is appropriate to the physiographic and general environmental character of the
District to which it is added;
3. 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;
4. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor,
glare or other objectionable influene€s or more traffic hazards than the minimum amount
iormally resulting from the other uses permitted in the district to which it is added;
5. Such use is compatible to the uses existing and permitted in the district to r,rftich it is
added.
6. That the proposed text amendment can be determined to be in the best interest of the
health, safeiy, morals, convenience, order, prosperity and welfare of the citizens of
Garfield CountY.
T . That the application has met the requirements of the Garfield County Zoning Resolution
of 1978, as amended.
2
PC 5r28r08
KE
intact.
III. COTPREHENSIVE PI-AN LAND USE GOALS AND OBJECTvES
The proposed text amendment is consistent with the Garfield County Comprehensive Plan
in that it does not materially change the information that is submitted, but rather the
timeframe of when it may be provided.
IV. STAFF RECOMMENDATION
Staff recommends the planning Commission recommend the Board of County Commissiolgrs
approve the text amendment al wriften, with the applicant understanding that issuance of the
permit is contingent upon submittal of ti"re Land GianuPermiuAuthorization and stipulations'
V. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS
1. That the meeting before the county Planning commission was extensive and complete,
that alt pertinenifacts, matters andissues were submitted and that all interested parties
were heard.
Z. Such use is appropriate to the physiographic and generalenvironmentalcharacterof the
District to which it is added;
3. Such use does not create any more hazards to or alteration of the naturalenvironment
than the minimum amount normally resulting from the other uses permitted in the District
to which it is added;
4. Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor,
glare or other objectionable influen@s or more traffic hazards than the minimum amount
normally resulting from the other uses permitted in the district to which it is added;
5. Such use is compatible to the uses existing and permitted in the district to which it is
added.
6. That the proposed text amendment can be determined to be in the best interest of the
health, safeiy, morals, convenien@, order, prosperity and welfare of the citizens of
Garfield CountY.
Z. Thatthe application has metthe requirements of the Garfield GountyZoning Resolution
of 1978, as amended.
2
e.07.04 (1 1)
I-rndGralntu* Slshts.
/P e rm itsl A uth o r i z ati o n s (a n d Sti p u I ati o n s):
attach a copy of any documents granting
land use rights g#aat, Permits,
authorizations (including stipulations). The
process of obtaining use rishts. Anasnnts
other than private right-of-way lease or
other agreement,; permits, and
authorizations fincluding stipulationst from
any federal, sfate or local agency may occur
concurrently with review of this application.
lf concurrent review occurs; a condition of
approval will be applied. in accordance with
Section 9.07.07 below. Wiea
requiring the submittal of the approved
federal, state or local laadgraats, use
rights. permits aa*or authorizations
fincludinq stipulationst prior to the
issuance of the GartieW CountY
Administrative Permit. Private rights-of-wav
leases. or other agreements granting
surface use must be included with the
application in accordance with Section
9.07.A4 Ht above.
9.07.07(2) ",,,rrecess arily limited to
provision of federal state or local permits or
other documents granting use rights ftefer
to Section 9.07.04 (1lt above. ...