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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.13.2006i Exhibits for Public Hearing on February 13, 2006 — BOCC Special Use Permit Phase 3 of the Parachute Creek Gas Plant Applicant - Williams Production RMT Company Staff — Richard Wheeler A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Application for Special Use Permit E Staff Report Dated 2-13-06 F COGCC Aesthetic and Noise Control Regulations G H I J • • Williams Production RMT Company Gas Plant — Phase 3 Project Information and Staff Comments REQUEST: OWNER/APPLICANT: REPRESNTATIVE: LOCATION: PROPERTY SIZE: ACCESS: WATER: SEWER: EXISTING ZONING: BOCC 2-13-06 RW Special Use Permit for "Storage, Processing, and Material Handling of Natural Resource" For an addition to the Williams Production RMT Parachute Gas Plant — Phase 3 Williams Production RMT Co. PVCMI 4 miles north of Parachute on CR 215 1,333 acres CR 215 Non Potable — 5000 Gallon Tank Potable — brought in from Mountain Clear Individual Sewage Disposal System (ISDS) Resource Lands (RL) — Lower Valley Floor 1. BACKGROUND AND PROPOSAL Under the new pipeline regulations, compressor stations are considered an appurtenance. The county would only review pipelines and appurtenants if the line is greater than 12" in diameter and over two miles in length or any pipeline that is over five miles in length regardless of the diameter. In light of the new regulations the Applicant felt is was appropriate to apply for this Special Use Permit due to the scope of this project and that it is part of a phased plant that has been issued two prior Special Use Permits. The Building and Planning Department is in receipt of this Special Use Permit (SUP) application for "Storage, Processing, and Material Handling of Natural Resource" for a Phase 3 of the Williams Parachute Creek Gas Plant. The plant is owned by Williams and is operated by Bargath Inc. The overall tract of land is 1,333 acres, specifically Phase 3 is proposed on an 11.18 acre expansion area. This area is directly abutting Phases 1 and 2. To date, the phasing of the gas plant is as follows: 1 • Phase 1 approved in 2002, Resolution #2002-67 • Phase 2 approved in 2004, Resolution # 2005-09 As required in §9.03.04 of the Zoning Regulations, this request was heard by the Board of County Commissioners for a possible referral to the Planning Commission. The Board voted not to refer this item to the Planning Commission. This decision was based the historic industrial use of the property, the existence of the gas plant — Phases 1 and 2 and the road improvements to the intersection of CR 215 and Man Camp Road, that were a condition of approval for Phase 2. The proposed Phase 3 will increase the total capacity from 300,000,000 standard cubic feet of natural gas per day to 800,000,000. There are 4 new buildings proposed: • Compressor Building 75'X450' (30,000 sq. ft.) • Amine Regen Building 70'X100' (7,000 sq. ft.) • MCC/Control Building 50'X75' (3,750 sq. ft.) • Warehouse/Office Building 75'X200' (14,000 sq. ft.) In addition to the buildings, seven residue gas compressors will be installed at the site. At this time, four of the seven compressors have been permitted by the Air Control Division. It is the intention of the Applicant to apply for all seven compressors with the County and if approved the additional three compressors will have to be permitted by the State prior to installation. Residential Grade exhausts silencers will be installed on the compressors and the compressors will be enclosed by a pre-engineered building. Pursuant to Cause NO.1R and Order No.1 R-99 from the COGCC, the Applicant will be required to meet the new noise standards if construction commences after January 1, 2007. The plant will operate 7 days a week 365 days a year 24 hours per day. Currently there are 20 full time employees working at the gas plant. 18 tanker trucks serve the plant on a daily basis. The proposed Phase will add 17 full time employees to the plant. Traffic will increase to 17 additional tanker trucks per day as well as employees commuting to and from the plant. The Applicant has submitted all State and Federal associated permits with the application materials for this Special Use Permit. 2. GENERAL REQUIREMENTS FOR ALL SPECIAL USE PERMITS §5.03 Conditional and Special Uses (Zoning Resolution of 1978, as amended) 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 in place or shall be constructed in conjunction with the proposed use. • Staff Comments: Proposed for Phase 3 is to truck in non -potable water that will be stored in a 5,000 gallon tank. For potable water, the Applicant is proposing to supply the plant with water from Mountain Clear in 5 gallon bottles. This proposed water source is similar to what was approved in the Phase 2 Special Use Permit. In Phase 1, the BOCC required the Applicant to supply water via a well — a perpetual source. The approved water sources are in conflict between Phases 1 and 2. Staff would opine a 5,000 gallon storage tank and bottled water is not a perpetual source of water. In Phase 1 the Applicant was required to provide water from a well with an approved test for adequacy and quality. This form of water does meet the County's requirement for a physical, legal and adequate source of water. In light of this application, it is worth discussing the impact this Special Use Permit will have in regard to the need for a perpetual source of water. For the Phase 3 the water source will be used for sanitary needs as well as drinking water. The Applicant is proposing an individual sewage disposal system. This system will be reviewed by the County prior to issuance of an ISDS permit 2) Street improvements adequate to accommodate traffic 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. Staff Comments: Pursuant to Resolution 2005-09, the Applicant was required to install additional signage and improvements regarding striping for acceleration and deceleration lanes. These improvements occurred spring of 2005. The Applicant met with Garfield County Road and Bridge on September 13, 2005 on site to inspect the improvements. A Special Use Permit was issued for Phase 2 meeting all the requirements of the Resolution including the improvements to the intersection of CR 215 and Man Camp Road. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Staff Comments: The proposed facility will be directly adjacent to Phases 1 and 2. All of the adjacent uses are industrial. The proposed structures will be painted to match the existing buildings. The facility will be similar to the existing gas plant that includes Phases 1 and 2. An eight foot high fence will be installed around the perimeter of the facility, to insure safety and security. Although the site will be visible from adjoining property, it will be compatible with existing uses and will not detract from the "neighborhood character" §5.03.07 Industrial Operations (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 characteristics. 3 • • 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 lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. Staff Comments: The Applicant is proposing a storm water management plan that incorporates best management practices as required by the Colorado Department of Public Health and Safety for any disturbance over one acre. Additionally the Applicant is proposing a spill prevention control and countermeasure plan that should spill or accidents happen, the Applicant will be able to contain them. The management plan and countermeasures are in compliance with local, state and federal guidelines. (B)Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: The proposed compressors will be run by engines that will have an exhaust system that is muffled to mitigate any unlawful noise. Any exhausted air shall meet all State and Federal guidelines. The Applicant has submitted proper documentation of all State permits. Paint colors for the proposed buildings will be the same as existing buildings which properly mitigate any glare from the buildings housing the operations. Through foundation design and geotechnical reports vibration from rotating equipment will not be detectable. (C) Impacts 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. Staff Comments: Through a meeting with CDOW on site on August 30, 2004 the Department of Wildlife agreed that an eight foot fence would be acceptable to wildlife mitigation in the area. Williams is also active in meeting with the CDOW to review wildlife enhancement projects and to participate in "Operation Game Thief". In the 4th of a 5 year study within the area, Dr. Kirk Beattie of Rifle has seen no significant difference in deer density. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Staff Comments: The required road improvements from the previous SUP are in place. A detailed traffic analysis dated 11-10-05 is submitted with the application materials showing the existing and proposed uses will yield a Level of Service "A" at the CR 215 and Man Camp Road. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Staff Comments: The area of the gas plant has a history of industrial uses. The subject property is over 1,333 acres which aids in buffering from some adjoining uses. Other adjoining uses within the area are inductstrial in nature and should not be damaged by this 4 • • proposed expansion. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. Staff Comments: The Applicant is proposing an eight foot high fence around the entire perimeter of the site that will provide safety and security. (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 issued. Staff Comments: The Applicant is proposing the following rehabilitation measures: 1. Removal of all surface equipment 2. Restoration and re -contouring of grade to approximate original conditions 3. Topsoil replacement 4. Seedbed preparations, soil tillage 5. Seed mixtures, methods and times 6. Weed control plan 7. Compliance with all prevailing COGCC and Garfield County conditions governing final reclamation (B)The County Commissioners may require security before a permit for special or conditional use is issued, if required. The Applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners. Staff Comments: It shall be at the discretion of the Board to determine whether security is needed. (C) Impacts set forth 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 5 • • All industrial operations in the County 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 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; (1) 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) Staff Comments: The proposed use of the site will create noise. The Applicant provided information stating the noise levels will be below what is allowed by the State. The Applicant shall be aware of all sound volume standards and meet all State requirements. (2) Vibration generated: every use shall be so operated that the ground vibration 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;. Staff Comments: The Applicant has stated the vibration will be mitigated though geotechnical studies as well as foundation design. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. Staff Comments: Any levels of emission shall meet all Federal and State air quality 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 property or which constitutes a public nuisance 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 pollution control measures shall be exempted from this provision. Staff Comments: The facility will not create glare, radiation or fumes that will substantially interfere with adjoining property. Once again, the Applicant shall be aware of all State and Federal guidelines and proved any mitigating measures prior to issuance of this SUP. (5) Storage area, salvage 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 6 • • 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) Staff Comments: Plant spacing is designed to minimize impacts of fire and allow unobstructed access for outside fire equipment. Storage tanks are setback from CR 215 as per NFPA spacing requirements. Plant safety systems include gas and fire detection, which either shuts down or isolates specific equipment when activated. The control room monitors plant activity 24 hours a day and is properly setback per NFPA standards. Fire Extinguishers are located thought the plan allowing employees to extinguish small fires. (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) Staff Comments: The facility will be similar to Phases 1 and 2 that are already in operation. An eight foot high fence will be installed around the perimeter of the facility in order to insure safety and security. Although the site will be visible from adjoining property, it will be compatible with existing uses and will not detract from the "neighborhood character" (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- 112) Staff Comments: All loose materials and trash will be contained to secure these materials will not be lifted by strong winds. Williams will also note this issues to all contractors working on the site. Any trash that does blow off site shall be picked up by Williams (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) 1. The minimum lot size is five (5) acres and is not a platted 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment 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. subdivision. fencing or a Screening may include berming, landscaping, sight obscuring 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. 7 • • 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Comments: After construction is complete, the Applicant is proposing that one back hoe will remain on site. While this back hoe is being stored it shall be screened from view. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97-112) Staff Comments: No additional storage is proposed. (F) Any 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 Comments: The Applicant has stated that all outdoor lighting will be downward and inward facing towards the buildings and no light will trespass on adjoining properties. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities 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 of the facilities may begin. Staff Comments: The Applicant has submitted a Storm Water Management Plan as wells as a Spill Prevention Control and Countermeasure Plan, as outlined by the EPA. These two measures shall ensure that all regulations of local, state and federal guidelines will be met 3. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing 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 at that meeting. 3. 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. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 8 • • 4. STAFF RECOMENDATION: Staff is recommending the board approve the Special Use Permit to allow Phase 3 of the Parachute Creek Gas Plant with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. Should the need arise, the County reserves the right to retain outside expertise, at the expense of the Applicant/Operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. That this facility is for the sole use of the Applicant/Operator. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 5. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended. 6. RECOMMENDED MOTION "I move to approve the Special Use Permit request for Phase 3 of the Parachute Creek Gas Plant, owned by Williams Production RMT Company located at 4289 CR 215, Parachute, Colorado." 9 02/10/2006 14:17 FAX 97026502, TOWN OF PARACHUTE POBar 100 222 Grand Vallty way Parachute, CO 81635 • it002/004 Telephone: (970) 215-7630 Building & Planning Technician Facsimile: (970)285-0292 Laura Diaz February 10, 2006 Phil Vaughan Construction Management, Inc. 1038 County Road 323 Rifle, CO 81650 Re: Williams Production RMT Co., Watershed Permit Dear Mr. Vaughan, On February 9, 2006 the Town of Parachute Board of Trustees voted to APPROVE your application for a Watershed Permit for Williams Production, Parachute Creek Gas Plant Phase III. There were no conditions placed on this applications approval, please forward this approval to the Garfield County Commissioners as a submittal for final approval of the Special Use Permit. Included in this letter is a copy of the Approved Land Use Application, please retain both this letter and the application form for your records. If you have any questions or concerns please contact me at the number above. Sincerely, Laura Diaz kit'ik?) Building & Planning Technician Encl. EXHIBIT 6 it 02/10/2006 14:17 FAX 9702630292 ®003/004 • • TOWN OF PARACHUTE DEPARTMENT OF PLANNING & DEVELOPMENT ; of ;situ LAND USE APPLICATION . Name of App>iaat tiillisam Production RN, CQ. 4289 Count, R04 215 (UmamtasasaisaArOmalaser te. 00 81635 ProjeetNeme: Addition to Vilnius Produvctioo RNT Co. Parachnte Creek Gas Plant - Pha se. = ProjcctLocat'icn: 4289 County Road 215 Parachute, CO 81635 LEGALDESC1UPT[ON: Plasma Byte in submittain A3a. Garfield County- ThdstieSZasinscResouros Lands- Lower ey P o'Posed Vii: No change. Type of Application (idseek all tial apply): sclaslvRtolh 1 AMOKMAIDn►OION 1w70aw0111/M$1014 1 n•aworvlrrON 1- P.U.P. 1 MOM DIMON) J AMMITIMI RAT 1 1e1111olAaG 1 ZONING VAmwANQIS 1 611:0AL1l'Itv►U$Z 1 OSOLOGIC ormsllemyT 3 far CONSODATION jriMmAresmew 1 1 PsLJI1@uav t IMMDAMINAJW 1 lessr AUY 1 IMMILS—i1Y i 1 1 I 1I t tD MP! VARIAN= PLOW/ PLAIN DIMILIMPSINFIT VACATION OP=UM ALI"ILO.W. ANNUAT10148 WAVER:MATlrit/a'r PROlSRTY OWNER: MillAams Prodectige IRR Co. 1.0. 11ez 370 pta achute, CQ • - ANat•m�ilh815 377 kt n. mr. 4 isearlc PROJECT @t $rayff� 'w i°a°.porkillera�n Coslalianci SlMcel. Tao- 4ms�o- 826 Zt} Road Grand Junction. 00 81505 Surveyor- Construction Surveys, Inc. 0012 Sunrise Blvd. Silt. CO 81652 masse wallas, Asea se. Alm Mora tb§ 70-876- 57 5 3 ADJACENT PROPERTY OWNERS: (ads emmenic them if needed) Nems Adams Please see submittal 11 1.41N1RtAL RXGHTS OWNERS «LESSEES OP SUBJBC'1' PROPERTY (akadssapatahuhaatifsseadsd) *PLIAS NOTR OWNERWIDLR 1443T 1 NOTO JZD 3a D*Y$ Dfl1 ADIA11CJt 710 A?R ACAUUOa1 R><# W. PIZA1a DOKCA7= Ali: sUMRIALRIGMTSMOMMinaiNORMISASSmio.0104 Name Address . Meuse see sniitta] ,i Land Use Application 1 of 2 02/10/2006 14:17 FAX 8702850282 Q1004/004 • • DESCRIPTION OP PROPOSAL: ONCLUDE PROPOSED USB, ACREAGE, ETC.) Please see subgittal e2. Describe Low this Proposed LeniUss Application Complies with the Town of Parachute Land Use ReQdatecos *the Town ofPatarbiale Mom Plan 2002. Map ia.not_ancl}cable as thim prepqrty is in rii+cftole C..nwy s«d is currently soned Resource Lends- lower Valls noon Describe any possible Flood Plain issues: . Please.sse sub.ittple Orli*, Au And 04 tsaw_ Daoribe Traffic bnp et Fees Proposal: (Standard Cilcuiaiion or Individual T athc Study) This is not applicable!.as this tirgpp.a1- i:e not within the Sown •+f �nla Desonbe Lead Ded ea ionPrspoul: Describe Weer Ruts Dedication Proposal: Parachute. I Certifytbatthe lntbonatiaoand exdubib herewith ere true and cosset to the best rimy knowledge, and that in filing this, application. I am whop wllh knowledge and «neeot of those parsons !iced are without whose consent the requested action cannot lawthily be accomplished. • i anA 117 nareis" M_b.IR 1 Coon cad 323 Rifle. CO 81650 470=02S-53SC Signature. �1.�� -_� Date:• 11:-11-AaO5 INSTRUCTIONS: 1. steed both aides of application thoroughly. 2. Complete all dale requested iedermadsn. 3. Dacaiptiem ofptoperty cad dsdieseiee proposals on anis tea ahouid be general and brief. 4. All appliadons must include a CURRENT TITLE POLICY, indicating ownership and e00aufbempes, See ■ obeli ttal #1. 5. All applications must include PROOF OF TAXES PAD).NA 6 6. Applicata should reviewthe Town of Parachute Land Use Regulations 15.01,15.03,15.04, 1305.15416, sad pm.othernicticas opeaitied for the Reposed request. 7. Al appanage who are est properly earners inert present a Leber of Representation, slime raid noderkse by tis property owsara. See subtii ttal #2 • 1 Apparitions not Biped end I any oldie requited inrunas/ios will be dewed tnaapiete and will net be Beheaded fora rate and Taming Ceamniesiss review. ADINNINERATINI APPLICATION I L IX APPLICATION MINIM M %a1?A1OS COMMDATh magma& =RUNG 1 r' ANt Dor mar z4Ellec 11MAD.V!GSDATi: aIOiiCATIOIIDAT Mitx Ma APPROVAL DAM DOT APPROVAL DATW: • • PUBLIC NOTICE TAKE NOTICE that Williams Production RMT Co. has applied to the Board of County Commissioners, Garfield County, State of Colorado, for a Special Use Permit to allow for expansion of an existing Gas Plant in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See attached Legal Description. Practical Description: 4289 County Road 215 Pursuant to §3.10.04 and §5.03 of the Garfield County Zoning Resolution of 1978 as amended; the applicant is requesting a Special Use Permit for "Site Extraction Processing, Storage, or Material Handling of Natural Resources" to allow a 3'd expansion of an existing Gas Plant to add seven (7) compressor stations on a 1,333 acre property owned by Williams Production RMT Co. All persons affected by the proposed special use permit are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the special use permit. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on this application has been scheduled for the 13`b day of February 2006, at 1:15 p.m., in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County