HomeMy WebLinkAbout3.0 Staff Report 7.27.08Exhibits for a Public Hearing on July 7,2008 - Pipeline Submittal Text Amendment
Exhibit Letter
(AtoZl
Exhibit
A Garfield County Zornng Resolution of 1978, as amended
B Garfield County Comprehensive Plan of 2000
C StaffReport
D Application
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PROJECT INFORI'IATION AND STAFF COMMENT{i
APPLIGANT/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.O7.O4
Development Plan Review for Pipeline Riqht-of-wav. Development Plan Submission
(11) Land GranUPermits/Authorizations and Stipulations: attach a copy of any land grant,
permits, and authorizations including stipulations.
This regulation requires Agency approval orior to submittal of a County application. The
proposed change would allow for concurrent agency review thus strearnlining the application
prooess.
II. ENCANA PROPOSAL
The Applicant proposes to change the language of (11) of the Development Plan Review for
Pipeline Right-of-way to allow for concurrent review. The proposed language for 9.07.M (1 1):
Land GranffiermitslAuthorizations and Stipulations: at:hch a copy of any land
granl permib, authorizaObns including stipulations. Ihe process of obbining
land granfs,, pemtib, and authorizations frcm any Federal agency may occur
concurrently with the rcview of this application. lf concuffent review occttls., a
condition of approval may be applied to this application rquiring the submilbl of
the apprcved Federal land granb, permib and authorizations.
The change to this submittal requirement would in no way change the review pro@ss of the
pipeline rightof-ways and the intent is not to negate the Federal Agency review prooess.
lssuance of the Pemrit would not occur until such time as the land granUpermiUauthorization
including stipulations is submitted to the County therefore the intent of the review process is
intact.
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IIt. COIi'PREHENSTVE PIJAN LAND USE GOALS AND OBJECTIVES
The proposed text amendment is consistent with the Garfield County Comprehensive PIan in
that it does not materially change the information that is submitted, but ratherthe timeframe of
when it may be provided.
IV. PI.ANNINGCOMMISSIONRECOMMENDATION
The Planning Commission considered this application at a public hearing held on May 28,
2008. At that time, the Planning Gommission recommended several modifications to the
language of the amendment as identified below:
e.07.04 (11)
Land GnntlPermiBlAuthorizations and Stipulations: attach a copy of
any land gnnt permib, authorizations including stipulations. The
process of obtaining land grants otherthan private right-of-way lease
or other agreement; permib, and authorizations from any Fedenl, State
or local agency may occur concuffently with rcview of this application.
lf concunent rcview occuts, a condition of apprcval will be applied to
this application rcquiring flte submitbl of the apprcved land granfs,
Wtmifs and authorizations priorto fhe r.ssuance of the Garfield County
Administrative Permil
The Planning Commission recommends the Board of County Commissioners approve the text
amendment with the following findings.
V. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COilIMISSIONERS
1. That 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.
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 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 influences or more fraffic hazards than the minimum amount
normally resulting from the other uses permitted in the district to which it is added;
2
5.
6.
7.
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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 lthe 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.