HomeMy WebLinkAbout2.0 Staff Report PC 12.10.03PC t2n0l03
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PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:
APPLICANT:
To add amend or add Sections 2.02.431,
3.02.03, 3.07.03, 3.08.03, 5.03.15 and 9.03.01
of the Garfield County Zonrng Resolution of
1978, as amended
Board of County Commissioners
I.PROPOSED AMENDMENT
The Board of County Commissioners is proposing to amend the Zoning Resolution to clariSr and
create new regulations dealing with the permitting of pipelines. One of the issues that needs to be
established is the definition of a pipeline, which is proposed to be the following:
2.02.431 Pipeline: Any cylindrical tube or conduit used primarily to collect, gather, transmit, or
distribute natural gas, other petroleum derivatives, or other liquid matter, ten (10)
inches in diameter or larger which creates a hoop stress of twenty percent (20%) or
more at their specified minimum yield strength. Pipelines regulated, licensed or
pennitted under federal regulations as interstate transmission lines shall be exempt
from regulation under this Chapter.
In addition to defining a pipeline, the land use, "pipeline" needs to be added to Sections 3.02.03,
3.07.03 and 3.08.03. These changes would add "pipeline" as a Special Use to the A/R/RD, CIL and
CIG zone districts.
Other changes to the regulations need to occur that deal with the performance standards and process
timing contained in Sections 5.03.07 and 5.03.08.. Presently there are no specific standards for a
pipeline in these sections, only the generic Special Use standards that apply to all industrial uses. A
pipeline is not included as an industrial use in Section 5.03.07 of the Zoning Resolution, as a result a
pipeline is not subject to meeting the industrial performance standards. Additional or new standards
need to be developed specifically for pipelines that deal with the following issues:
1. Countlu Roads : All road cut permits to be issued for a pipeline need to be identified and permits
issued prior to the issuance of a Special Use permit. Any encroachments in public right-of-way
shall be shown on the application and approved by the Board of County Commissioners.
2. Location : All surface use agreements with affected property owners will be included in the
application, with a list of property ownership, including property without an agreement. The
location of pipelines may be modified, where the companies do not have negotiated agreements
with the landowners as to location and reclamation.
3. Site Specific Construction Practices. Identit, the times of operation, construction methods to
minimize envirorunental impacts, noise levels, approval of staging and storage areas and require
il.
traffic mitigation strategies. The County may impose conditions of approval related to these
matters, including the limiting of days and hours of activity.
4. Water and Hydrostatic Testing. Documentation proving legal and adequate supply of water.for
the hydrostatic testing of the lines. The point(s) of discharge and the water quality of the
discharge.
5 Watershed and Ditch Crossine approvals. All ditches crossed by a pipeline shall be identified
and approval from the ditch company included in the application. Any permits for watershed
protection shall be approved prior to final approval of any Special Use permit.
6. Emersenclr Response: lnclude in any application an emergency response plan, which must be
approved prior to final approval of any Special Use permit. lncluded in the emergency response
plan will be wildfire mitigation plan.
7. Site Specific Reclamation. Included in the application will be a reclamation plan, to be reviewed
and approved by the County Vegetation Management office consistent with County vegetation
plan requirements.
Present County regulations require an applicant to have all other local, state and federal permits in
place at the time of application. The BLM has expressed a desire to parallel the County and Federal
permitting processes, which would also help to expedite the overall permitting process. Section
9.02 needs to be modified to state that all "other local, state and federal permit applications shall be
submitted with the application and prior to issuing the Special Use permit, copies of all other permits
will be placed in the file".
MAJOR ISSUES AND CONCERNS
A. Zonrng: A pipeline is allowed in the A/I and R./L-Lower Valley Floor zone districts as a
Special Use and the R/L-Escarpment, Talus and Plateau zone districts as a Conditional Use.
There are no other provisions for pipelines in any other zone district. The County has
permitted pipelines as "material handling" facilities in the A/R/RD zone district. All Special
Use permits for industrial uses have to meet the standards contained in Sections 5.03, 5.03.07
and 5.03.08. These sections read as follows:
5.03 CONDITIONAL AND SPECIAL USES
As listed under the Zone District Regulations, conditional and special uses shall
conform to all requirements listed thereunder and elsewhere in this Resolution plus
th e fo I I owing r e q uir ements :
(l) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in conjunction with the proposed use;
(2) Street improvements adequate to accommodate trffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place
or shall be constructed in conjunction with the proposed use,'
(j) Design of the proposed use is organized to minimize impact on andfrom adjacent
uses of land through installation of screenfences or landscape materials on the
periphery of the lot and by location of intensively fiilized areqs, access points, lighting
and signs in such a manner as to protect established neighborhood character;
5.03.07 Infustrial Operations: Indrrctrial Operations, including extrqction, processing,
fabrication, industrial supportfacilities, mineral waste disposal, storage,
sanitary landfill, salvage yard access routes and utility lines, shall be
permitted, provided:
(l) The applicantfor a permitfor industrial operations shall prepare and
sttbmit to the Planning Director ten (10) copies of an impact statement on the
proposed use describing its location, scope, design and construction schedule,
inclttding an explanation of its operational characteristics. One (l) copy of the
impact statement shall befiled with the County Commissioners by the Planning
Director. The impact statement shall address thefollowing:
(A) Existing lawfii use ofwater through depletion or pollfiion of
xtrface run-off, streamflow or ground yvater;
(B) Impacts on adjacent landfrom the generation of vapor, dust, sntoke,
noise, glare or vibration, or other emanations,'
(C) Impacts on wildlife and domestic animals through the creation of
hazardous attractions, alteration of existing native t'egetation, blockade of
migration routes, use patterns or other disruptions;
(D) Affirmatively show the impacts of tntck and automobile trffic to
and.from such uses and their impacts to areas in the Coune;
(E) That stfficient distances shall separate such use from abfiting
property which might otherwise be damaged by operations of the proposed
use(s);
(F) Mitigation measures proposedfor all of theforegoing impacts
identffied andfor the standards identified in Section 5.03.08 of this Resolution
(2) Permits may be grantedfor those uses with provisions that provide
adequate mitigation for the following :
(A) A planfor site rehabilitation must be approved by the County
Commissioners before a permitfor conditional or special use will be issued;
(B) The County Commissioners may require security before a permit for
special or conditional use is isstrcd, if required. The applicant shallfurnish
evidence of a bank commitment of credit, bond, certified check or other
security deemed acceptable by the County Commissioners in the amount
calcttlated by the County Commissioners to secure the exectttion of the site
rehabilitation plan in worl*nanlike manner and in accordance with the
specifications and constntction schedule established or approved by the
County Commissioners. Such commitments, bonds or check shall be payable to
and held by the County Commissioners;
(C) Impacts setforth in the impact statement and compliance with the
standards contained in Section 5.03.08 of this Resolution. (A. 93-061)
5.03.08 Industrial Performance Standards: Att industrial operations in the Cotmty
shall comply with applicable County, State, and Federal regulations regulating
water, air and noise pollution and shall not be conducted in a manner
constituting a public rudsance or hazard. Operations shall be conducted in
such a manner as to minimize heat, dust, smoke, vibration, glare and odor and
all other undesirable environmental fficts beyond the boundaries of the
property in which strch ttses are located, in accord with the.following
standards:
(l) Volume of sound generated shall comply with the standards set.forth in
the Colorado Revised Statutes at the time any new application is made. (A. 93-
061)
@ Vibration generated: every use shall be so operated that the ground
vibration inherently and recurently generated is not perceptible, withofi
instruments, at any point of any bormdary line of the property on which the use
is located;
(3) Emissions of smoke and particttlote matter; evet)) use shall be operated so
as to comply with all Federal, State and Coune air quality latvs, regttlations
and standards,'
(4) Emission of heat, glare, radiation and ftmes: ,r",ry use shall be so
operated that it does not emit heat, glare, radiation orfumes which
substantially interfere with the existing use of adjoining property or which
constitutes a public rutisance 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 polltiion control measures shall be
exemp t e d fr om thi s p r ov is i o n,'
(5) Storage area, salvage yard, sanitary landfill and mineral waste
disposal areas : (A97- I I 2)
(A) Storage offlammable or explosive solids or gases shall be in
accordance with accepted standards and laws and shall comply with the
national, state and localfire codes and written recommendations/comments
from the appropriate local protection district regarding compliance with the
appropriate codes; (A97-I I2)
(B) At the discretion of the county commissioners, all outdoor storage
facilities may be required to be enclosed byfence, landscaping or wall
adequate to conceal such facilities from adjacent propertyi (A97- I t 2)
(C) 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,. (A97- I 12)
(D) Storage of Heaty Equipment will only be allowed ntbject to (A) and
(C) above and thefollowing standards: (A97-t 12)
l. The minimum lot size is five (5) acres and is not a platted subdivision.
2. The equipment storage area is not placed any closer than 300ft. from
any existing residential dwelling.
3. All equipment storage will be enclosed in an area with screening at
least eight (B) feet in height and obsaredfrom view at the same
elevation or lower. Screening may include berming, landscaping, sight
obscuringfencing or a combination of any of these methods.
4. 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.
5. Loading and unloading of vehicles shall be conducted on private
property and may not be conducted on any public right-of-way.
(E) Any storage areafor uses not associated with natural resorrces,
shall not exceed ten (10) acres in size. (A97-l 12)
(F) Any lighting of storage area shall be pointed dormnward and inward
to the property center and shaded to prevent direct reflection on adjacent
property (A97- I l2)
(6) Water pollution: in a case in which potential hazards exist, it shall be
necessary to install safeguards designed to comply with the Regtlations of the
Environmental Protection Agency before operation of thefacilities may begin.
All percolation tests or ground water resource tests as may be required
by local or State Health Officers must be met before operation o.f the.facilities
may begin.
Rather than try and fold the proposed standards into the existing industrial performance
standards, staff suggests that the following section be created:
5.03.15 Pipelines: tn addition to the requirements in Section 5.03, all pipelines shall
be subject to the provisions of this zoningcode and address the following:
(1) Countlr Roads : All road cut permits to be issued for a pipeline need to
be identified and permits issued prior to the issuance of a Special Use permit.
Any encroachments in public right-of-way shall be shown on the application
and approved by the Board of County Commissioners.
(2) Location : All surface use agreements with affected property owners
will be included in the application, with a list of property ownership, including
property without an agreement. The location of pipelines may be modified,
where the companies do not have negotiated agreements with the landowners
as to location and reclamation.
(3) Site Specific Construction Practices. Identifiu the times of operation,
construction methods to minimize environmental impacts, noise levels,
approval of staging and storage areas and require traffic mitigation strategies.
The County may impose conditions of approval related to these matters,
including the limiting of days and hours of activity.
(4) Water and Hydrostatic Testing. Documentation proving legal and
adequate supply of water for the hydrostatic testing of the lines. The point(s)
of discharge and the water quality of the discharge.
5) Watershed and Ditch Crossing approvals. All ditches crossed by a
pipeline shall be identified and approval from the ditch company included in
the application. Any permits for watershed protection shall be approved prior
to final approval of any Special Use permit.
6. Emergenclz Response: lnclude in any application an emergency
response plan, which must be approved prior to final approval of any Special
Use permit. Included in the emergency response plan will be wildfire
mitigation plan.
7. Site Specific Reclamation. lncluded in the application will be a
reclamation plan, to be reviewed and approved by the County Vegetation
Management office consistent with County vegetation plan requirements.
B. Doug Dennison. Garfield County Oil & Gas Auditor: Mr. Dennison has provided his
comments on the proposed def,rnition of a pipeline. (See attached letter) He is concerned
that the l0" pipeline or larger definition will result in a number of issues:
1. The 10-inch or larger specification currently would single out one operator, EnCana, as
having to permit almost all of their gathering lines while other operators would not.
There are several technical reasons why EnCana uses larger lines, including the fact that
they are constructing a large number of wells on a single pad serviced by a single
pipeline. There may also be differences in field conditions that warrant alarger pipeline
in some areas of the county than in others, with both pipelines serving the same pulpose.
2. The County will need to be prepared to commit the resources necessary to review the
volume of SUP applications that will result. If this definition is adopted, it may be
advisable to implement an administrative process that would address all but the larger
pipeline projects.
3. The impact of constructing a 10-inch diameter pipeline is very often exactly the same as
that resulting from construction of a smaller-diameter pipe. The equipment used to
install the pipe in both cases (e.g., track-hoes, side-boom cranes, etc.) are the same and
will require essentially the same working area. The safety concerns associated with both
pipelines are also similar. Therefore, I don't believe that the land-use and safety
concerns that are intended to be addressed by the SUP process would be adequately
addressed by this definition.
4. I'm not sure of how likely this would be to occur, but a size specification on pipelines
could result in operators installing multiple smaller lines in place of a larger line in order
to not be required to go through the SIIP process.
Mr. Dennison notes that he has no definition that will resolve these issues and that the
alternative would be to not have a special use permit process, but an administrative process
that has an appeal process to the Board of County Commissioners.
C. Other Planning Staff Comments: Representatives from the BLM have contacted staff
regarding their interest in a parallel permitting process that would incorporate their
Environmental Assessment process with the County's Special Use Permit process. It would
allow an applicant to meet the permit requirements of the County and other agencies in a
condensed timeframe. The length of time to permit a pipeline through the County's
process has been an issue. The suggested changes to Sections 9.02.01 and 9.03.01 would
allow for the parallel permitting process to occur.
III. RECOMMENDEDFINDINGS:
1. The meeting before the Planning Commission was extensive and complete, that all pertinent facts,
matters and issues were submitted, and that all interested parties were heard at the hearing.
2. The application submitted met the requirements of Section 10 of the Garfield County zoning
Resolution of 1978, as amended.
3. That the proposed Zone District Text Amendments are consistent with the Garfield County
Comprehensive Plan goals, objectives and policies.
4.That for the above stated and other reasons, the proposedZone District text amendments are in the
best interest of the health, safety, morals, order, convenience and welfare of the citizens of Garfield
County.
IV. RECOMMENDATION
The Planning Commission recommend APPROV AL of the following amendments to the Garfield
County ZoningResolution of 1978, as amended:
2.02.431 Pipeline: Any cylindrical tube or conduit used primarily to collect, gather, transmit, or
distribute natural gas, other petroleum derivatives, or other liquid matter, ten (10)
inches in diameter or larger which creates a hoop stress of twenty percent (20%) or
more at their specified minimum yield strength. Pipelines regulated, licensed or
permitted under federal regulations as interstate transmission lines shall be exempt
from regulation under this Chapter.
5.03.15 Pipelines: In addition to the requirements in Section 5.03, all pipelines shall be
subject to the provisions of this zoning code and address the following:
(1) County Roads : All road cut permits to be issued for a pipeline need to be
identified and permits issued prior to the issuance of a Special Use permit. Any
encroachments in public right-of-way shall be shown on the application and approved
by the Board of County Commissioners.
(2) Location : All surface use agreements with affected property owners will be
included in the application, with a list of property ownership, including property
without an agreement. The location of pipelines may be modified, where the
companies do not have negotiated agreements with the landowners as to location and
reclamation.
(3) Site Specific Construction Practices. Identify the times of operation,
construction methods to minimize environmental impacts, noise levels, approval of
staging and storage areas and require traffic mitigation strategies. The County may
impose conditions of approval related to these matters, including the limiting of days
and hours of activity.
(4) Water and Hydrostatic Testing. Documentation proving legal and adequate
supply of water for the hydrostatic testing of the lines. The point(s) of discharge and
the water quality of the discharge.
5) Watershed and Ditch Crossing approvals. All ditches crossed by a pipeline
7
shall be identified and approval from the ditch company included in the application.
Any permits for watershed protection shall be approved prior to final approval of any
Special Use permit.
6. Emergency Response: Include in any application an emergency response
plan, which must be approved prior to final approval of any Special Use permit.
Included in the emergency response plan will be wildfire mitigation plan.
7. Site Specific Reclamation. lncluded in the application will be a reclamation
plan, to be reviewed and approved by the County Vegetation Management office
consistent with County vegetation plan requirements.
9.02 Be modified to state that all "other local, state and federal permit applications shall be
submitted with the application and prior to issuing the Special Use permit, copies of all
other permits will be placed in the file
PUBLIC NOTICE
TAKE NOTICE that the Board of County Commissioners, Garfield County, State of Colorado, are
going to hold a public hearing to consider amending or adding Sections 2.02.431,3.02.03,3.07.03,
3.08.03, 5.03.15 and 9.03.01 of the Garfield County Zonng Resolution of 1978, as amended.
The proposed zone district amendments would define "pipeline", add the use to Special Uses in
certain zone districts and define the standards by which a pipeline Special Use is permitted.
All persons affected by the proposed zoning resolution text amendments are invited to appear and
state their views, support or objections. If you cannot appear personally at such meeting, then you
are urged to state your views by letter particularly if you have objections to such zoning resolution
text amendments, as the Board of County Commissioners will give consideration to the comments of
all property owners and others affected in deciding whether to grant or deny the request for zoning
resolution text amendments. This application may be reviewed at the office of the Planning
Department located at Garfield County Courthouse, 108 8th Street, Suite 201, Glenwood Springs,
Colorado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
That public hearing on the above zoning resolution amendments has been set for the 19 day of
January, 2004, at the hour of 1:15 p.m. , at the Garfield County Courthouse Plaza, Commissioners
Meeting Roonr, 108 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
Please publish one (1) time on or before l2ll9l2003 and biII to:
Garfield County Planning Department
108 8th st. , suite 2ol
Glenwood Springs, CO 81601