HomeMy WebLinkAbout4.0 BOCC Staff Report 08.30.2004(Continued from Previous meeting) 3'' BOCC 8130104 JWH
(Continued from Previous meeting) 2'o BOCC 8ll7/04 JWH
l" BOCC 812104 JWH
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
PROPERTY OWNER
APPLICANT
LOCATION
SITE SIZE
WATER
SEWER
EXISTING ZONING
SUROUNDING ZONING
To build Two (2) separate buildings with a maximum of 4
employees each for central operations of gas and oil related
development companies as a Special Use Permit of storage of
oil and gas drilling equipmept, storage, ormaterial handling of
naturalresources. n(,Qil@{ Zti , arXST
Robert T.Lazier
Jimmy Sills
Approximately 1 mile south ofthe Garfield CountyAirport on
County Road 319 and Grass Mesa Road
ha.t8 u.r.rl\)
Central Water System
ISDS
A/R/RD
A/R/RD
I. APPLICATION HISTORY
The Zoning Resolution of 1978 as Amended provides the Board with the option of referring Special
Use Permits to the Planning Commission for their recommendation in a public hearing as per Section
9.03 of the Zoning Resolution of 7978, as amended. On July L2,2004, the BOCC chose not to refer
this request to the Planning Commission for recommendation.
Subsequently, it was determined by the BOCC at the August 2,2004 regular meeting that essential
information was missing from the application, therefore the applicant consented to a continuation of
the Public Hearing to be heard on August 17 , 2004 for evaluation of new information to determine
conformance of the proposed use.
Prior to the second meeting on August 17, 2004, the Applicant submitted new information that
allowed staff to more clearly define the request, which was modified verbally in the 2'o BOCC
meeting of 8l17l04 to build two (2) separate central operations buildings for oil and gas operations.
At this meeting, the applicant requested a second continuance to gain outside approvals necessary for
prove water rights and water adequacy. Staff has presented a clear re-evaluation in this 3'd staffreport
of the new information resulting in the removal of all of the objections as noted on the previous staff
reports other than the issue involving water rights and adequacy. The remaining conditions of
approval all must be satisfied prior to the issuance of the SUP.
II. DESCRIPTION OF THE PROPOSAL
the Applicant proposes to build and operate or lease two (2) separate buildings of approximately
1,500 to 10,000 sq. ft. for oil and gas industry companies in and near the Grass Mesa Area and by
code, allowing storage of oil and gas drilling equipment, storage, or material handling of natural
resources. The use would include for each of the 2 acre building envelopes, one (1) building for
storage of oil and gas industry related vehicles of various size, a repair shop and maintenance
facilities, warehouse for related materials, and office facilities. There are a total of 8 employees
proposed, only 4 for each of the buildings. Hours of operation are proposed to be24 hours although
operations that would generate excessive noise will be limited to 8 am to 6pm Monday through
Friday.
III.SITE DESCRIPTION
The topography of most of the 38+ acre site generally slopes toward County Road 319, is composed
geologically of loess wind blown soils, and is covered with sagebrush and pinion and juniper trees.
The adjacent land uses are considered to be medium to heavy intensity industrial uses and proposed
single family residential while other nearby uses includes relatively large properties consisting of
grazingand pastureland and BLM land. All of the property surrounding the subject site is privately
owned. There are various observed wildlife habitats nearby to the property. All ofthe land within the
permit boundary and surrounding areas are not within the 100-year flood plain but can experience
intense storm events that may transport massive amounts of geologic debris.
IV REFERRALS
Staff referred the application out to the following review agencies and or County Departments:
a. City of Rifle:
b. Rifle Fire Protection District
c. Colorado Division of Wildlife
d. Colorado Dept. of Public Health & Environment
e. Colorado Division of Water Resources
f. Colorado Geological Survey
g. Bureau of Land Management
No comments received
(Exhibit G)
No comments received
No comments received
No comments received
(Exhibit II)
No comments received
h. Garfield County Road & Bridge Department: (Exhibit I)
i. Garfield County Vegetation Management (Exhibit J)
j Garfield County Oil and Gas Auditor No comments received
k. Garfield County Attorney No comments received
l. Garfield County Engineer, Chris Hale/Mt. Cross Eng. (Exhibit K)
New information received since the continuance from the August 2,2004 BOCC below;
m. City of Rifle: (Exhibit O)
n. Items for use within the SUP, from Jimmy Sills (Exhibit P)
o. SUP uses and Legal Split discussion letter, Tim Thulson (Exhibit Q)p. Traffic Study, High Country Engineering (Exhibit R)
q. Colorado Division of Wildlife (Exhibit S)
r. Rifle Fire Protection District (re-review) (Exhibit T)
s. Review Memo: Division of Water Resources July 26,2004(Exhibit U)
t. Review Memo: Division of Water Resources Aug2,2004 (Exhibit V)
V. ZONING RESOLUTION REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of the ZoningResolution. In addition,
the proposed use, due to its industrial nature, shall also be required to address the industrial
performance standards in 5.03.07 and 5.03.098 of the Zoning Resolution. Staff presents these
review standards below followed by a response.
A. Section 5.03 Review Standards
1) Utilities adequate to provide water and sanitation service based on accepted engineering
standards and approved by the Board of County Commissioners shall either be inplace
or shall be constructed in conjunction with the proposed use;
Staff Response: The Applicant has not demonstrated the ability to provide required
water rights that would adequately serve the proposed use. As stated in the July 22,
2004 from Chris Hale of Mountain Cross Engineering, the County's consulting
engineer: "The well is not permitted for the uses proposed. Also, the chart in the
application from West Divide does not account for the uses proposed. The water
system proposed would need to be a community system that would need to be
regulated and approved by the State..."
The application's description of the 319 water company states that is was created to
provide water service to not only the subject parcel but also a planned residential
project on the west side of CR 379, and "future developments that may occur within
the 160-parcel purchased by the LazierlSill Partnership rn1978." Therefore, adequate
for water provision for the 38 ac. SUP site may not available.
Also, the information included proposing commercial development is incomplete
aJ
from a fire protection water standpoint. The data in the application documents
submitted by the Applicant states that fire protection water is available.
New Staff - Comment (8/30/04): coupled with the above information;
The Applicant shall provide the Colorado Department of Health and
Environment with information and analysis (Capacity Analysis) regarding the
type of water system the proposal will be using prior to issuance of the
Special Use Permit.
Also, the data in the supplemental application documents submitted by the
Applicant states that fire protection water is available and the fire district has
reviewed their proposal, however because there are lingering questions as to
the adequacy of the well and outstanding amendments needed within the
water contract and well permit, staff feels a re-review should be offered to the
fire protection district with realistic amounts of actual water service potential
so a more clear determination can be made concerning this issue.
This item has NOT been met, however to satisfu this requirement a
condition of approval has been included in this review which allows the
Applicant the opportunity to comply with the above listed provisions prior to
issuance of the SUP. Please see conditions for specifics on this requirement.
2) Dggign of the proposed use is orgunized to minimize impact on andfrom adjacent uses
of land through installation of sireenfences or landscape materiuli on the ieripherv of
t-he lot and bf location of intinsively itilized areas, accbss points,lighting'anistg;s i,
such a manner as to protect established neighborhood charactery
Staff Response: the Applicant has submitted a variety of documents at various
stages in the application process which do not present a connective solution or
proposal to satisflz this requirement. However, a condition has been included in this
review which allows the Applicant the opportunity to amass the above noted pertinent
information and create one (1) landscape and screening plan as necessary to comply
with the above listed provisions prior to issuance of the SUP. Please see conditions
of approval for specifics on this requirement.
B. Section 5.03.07 Industrial Operation
Industrial Operations, including extraction, processing, fabrication, industrial support facilities,
mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines,
shall be permitted, provided:
1) The applicant for a permit for industrial operations shull prepare and submit to the
1.
2.
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 characteristics. One (1) copy of the impact statement shall be filed with the
Counfii Commissioners by the Planning Director, The impact statement shall address
the following:
a) Existing lawful use of water through depletion or pollution of surface run-off,
stream flow or ground h)oter;
Staff Response: As stated above, the data in the supplemental application
documents submitted by the Applicant states that fire protection water is available
and the fire district has reviewed their proposal, however because there are
lingering questions as to the adequacy of the well and outstanding amendments
needed to the water contract and well permit, staff feels a re-review should be
offered to the fire protection district with realistic amounts of actual water service
potential so a more clear determination can be made conceming this issue.
New Staff Comment (8/30/04): The Applicant shall provide the Colorado
Department of Health and Environment with information and analysis (Capacity
Analysis) regarding the type of water system the proposal will be using prior to
issuance of the Special Use Permit.
This item has NOT been met. however to satisfo this requirement a condition of
approval has been included in this review which allows the Applicant the
opporlunity to comply with the above listed provisions prior to issuance of the
SUP. Please see conditions for specifics on this requirement.
b) Impacts on wildlife and domestic animuls through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes,
use patterns or other disruptions;
Staff Response: the Applicant has submitted no information which allows a
reasonable review of this requirement. However, a condition has been included in
this review which allows the Applicant the opportunity to amass the above noted
pertinent information and create one (1) wildlife report for the Colorado Division
of Wildlife and a Vegetation Report for the Garfield County Vegetation
Management Department as necessary to comply with the above listed provisions
prior to issuance of the SUP. Please see conditions of approval for specifics on
this requirement.
2) Permits may be grantedfor those uses with provisions that provide adequate mitigation
for the following:
c) Impacts set forth in the impact statement and compliance with the standards
contained in Section 5.03.08 of this Resolution.
Staff Response: see Section 5.03.08 Below.
C. Section 5.03.08 Industrial Performance Standards
All industrial operations in the County shall comply with applicable County, State, and
Federul regulations regulating water, air and noise pollution and shall not be conducted in a
manner constituting a public nuisance 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 effects beyond the boundaries of the property in which such uses are located,
in accord with the following standards:
5) Storage area, salvuge yard, sanitary landfill and mineral waste disposal areas
:(A97-112)
(A) Storage of flammable or explosive solids or gases shall be in accordance with
accepted standards and laws and shall comply with the national, state and local fire
codes and written recommendations/comments from the appropriate local protection
district regarding compliance with the appropriate codes; (A97-112)
(B) At the discretion of the County Commissioners, all outdoor storage facilities may
be required to be enclosed by fence, landscaping or wall adequate to conceal such
facilities from adjacent property; (A97-112)
(C) No materials or wastes shall be deposited upon a property in such form or
malrner that they may be transferred off the property by any reasonably foreseeable
natural causes or forces; (A97-ll2)
(D) Stolage of Heavy Equipment will only be allowed subject to (A) and (C) above
and the foilowing standaids': (A97-l12)
1. The minimum lot size is five (5) acres and is not a platted subdivision.
2. The equipmept sJo_rqge area is not placed any closer than 300 ft. from any
existing residential dwelling.
3. All_ eqqipryent storage will be enclosed in an area with screening at least
eight (8) feet in height and obscured from view at the same elevation or
lower. Screening may include berming, landscaping, sight obscuring
fencing or a coribination of any of thele methoils. "'
4. Any repair and maintenance activity requiring the use of equipment that will
generate noise, odors or glare beyond the property boundaries will be
donducted within a buildTng or outdoors auring tfie 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.
VI.
1.
(E) Any storage area for uses not associated with natural resources shall not exceed
ten (10) acres in size. (A97-ll2)
(F) AnV lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property (A97 112)
Staff Response: the Applicant has submitted a variety of documents at various
stages in the application process which do not present a connective solution or
proposal to satisff this requirement. However, a condition has been included in
this review which allows the Applicant the opportunity to amass the above noted
pertinent information and create one (1) landscape and screening plan as
necessary to comply with the above listed provisions prior to issuance of the
SUP. Please see conditions of approval for specifics on this requirement.
SUGGESTED FINDINGS
That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
That the hearing before the Board of County Commissioners was extensive and complete and
that al1 interested parties were heard at that meeting; and all pertinent facts, matters and issues
(other than sound levels of the proposed use) were submitted prior at the meeting.
That for the above stated and other reasons, the proposed Special Use Permit is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
That the application is in conformance with the Garfield County ZoningResolution of 1978,
as Amended.
VII. STAFFRECOMMEI{DATION
Staff recommends Approval, with the following conditions:
1. All representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval,
unless specifically altered by the Board.
The Applicant shall comply with all applicable requirements of the Garfield County Zoning
Resolution of 1978, as amended.
The Applicant shall comply with all State and Federal regulations and standards, such as
Noise Abatement, Water and Air Quality.
2.
4.
2.
a
4.
5.
Vibration, emission of smoke and particulate matter, and the emission of heat or radiation
shall comply with applicable Federal, State, and County laws, regulations and standards.
Any signage installed on-site shall comply with the county's sign regulations.
6. &y-changesjo the Special Use Permit for th+*te*ag€-€ffi all uses as listed in theaRnlication;;rlffiprs as attached shall require a new Special Use Permit F*7
7. Applicant shall provide the Garfield County Building and Planning Department with an
up4ated site plan and an amendment to the application showing intended number ofbuildinssupclated stte plan and an amendment to the application showing intended number ofbuildings
@;Pi")'"" 'umbers a
The Applicant shall provide the Colorado Department of Health and Environment, Water
Quality Control Division with i
-
PlannilgMa@T@ding the type of water system the proposat *ittTffig. Approval
shall bE gained frbm said agency, or a letter indicating the SUP proposal is exempt from this
State requirement, and shall be sent to the Garfield County Building and Planning
Department before issuance of the Special Use permit,
The.well is not permitted for the uses proposed and was also created to provide water service
to not only the subject parcel but also a planned residential project on the west side of CR319,-thereforetheilitytoproviderequiredwaterrightsthat
wouldadequatelyservetheproposeduSe,theforthe
uses proposed prior to issuance of the Special UseTeffiir -)w10. The Applicant shall determine actual water service potential (as noted in condi
and submit this information to the Rifle Fire Protection Districltorreview and api6-va1. TheresultingreSponSesha11besentto@gandP1anningbepartment
noting satisfactory compliance, or mitigation actions recommended by the reviewing entity
which shall be in place or satisfied prior to issuance of the Special Use Permit.
1 1. The Applicant shall provide a Wildlife ReporLto the Colorado State Division ofWildlife with
response sent to the Garfield County Building and Planning Department noting satisfactory
compliance, or mitigation actions recommended by said agency which shall be in place prior
to issuance of the Special Use Permit.
12.The Applicant shall provide a Vegetation Report tq the Garfield County Vegetation
Management Department with a response sent to the Garfield County Building and planning
Department noting satisfactory compliance, mitigation actions, security or any other
requirements recommended by said department which shall be in place prior to issuance of
the Special Use Permit.
13. A site obscuring Landscaping Plan showing proposed full screening, which may include
berms, landscaping and sight obscuring fencing or a combination of any ofthese methods, for
@. Additionally, all storage ofhearav equipment shall be enclosed in
8.
8 a/y, r'lt-q z*Wd "/4;/{"r/;44."2 aub4ea'<d
,
"{4""" ilnhl'
rt+(rallactivitiesintemaltotheproposedstructures(not
tncludtng outdoor storage) and any ciperations that would generate excessive noise wil; bet .#limited tolgrn to_6pT, Monday through Flqqy. /,q|,r*t/
/r/\
afl atea with screening at least eight (8) feet in height and obscured from view at the same
elevation or lower. This Plan shall be submitted to the Garfield County Building and
Planning Department and approved prior to issuance of the Special Use permit.
1f. The Applicant shall only be allowed to build and or lease two (2) separdte buildings
of approximately 1 . Ior 01 industry companiElin and near thG
Grass Mesa Area and bicol-e]aii6]iing storage of oil and gas aritHng eqgi t, storage, e
There shall only be a total o{ees allowed,
\application and consented to in the meetings before the Bocc. _/ a?Lre
16. In accordance to section 9.03.05 ofthe ZoningResolution1#lA. as amended, this S@1al
only of the two (2) buildings. F
size, related to the oil and gas industry, a repair shop and maintenance facilities, materials
related to the oil and gas industry in a warehouse, and office facilities as noted in the
tls" pe*ttjUUbject tqperiodic reviews not less *(!Lmon!\ The purpose of
such review is to a performance
requirements associated with granting the Special Use Permit. Theperiodic review is limited
to the performance requirements and conditions, of this Resolution, imposed at the time of
the original issuance of the Special Use permit.
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RECOMMENDED MOTION
"I move to Approve the request with all of the above noted conditions which shall be satisfied prior
to issuance of the Special Use Permit, which shall allow the Applicant to build two (2) separate
buildings with 4 employees at each building for a total of 8, for central operations of gas urrd oit
related development companies as a special use of storage of oil and gas drilling equipment, storage,
or material handling of natural resources on a property approximately 1 mile south of the Garfield
County Airport on County Road 3 19 and Grass Mesa Road owned by Robert T. Lazier."
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