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HomeMy WebLinkAbout1.02 Preapp SummaryArticle 4-101.A Preapplication Conference Summary Ursa Operating Company and Battlement Mesa Partners Major Impact Review Application Battlement Mesa PUD Phase I BMC B OAProject No. 014-1829 GARFIELD COUNTY Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY CONFERENCE DATE: September 11, 2015 (Director extended pre -app for 6 months from original expiration of March 11, 2015) PROJECT: "Extraction of Natural Resources" to drill for natural gas within the Battlement Mesa Planned Unit Development (PUD) COUNTY PROCESS REQUIREMENT: Special Use Permit processed via the Major Impact Review process OWNER(S): URSA (Minerals Lessee & Operator) Battlement Mesa Partners (Surface / Well Pad) Battlement Mesa Land Investments (Surface / Well Pad & Pipeline) Battlement Mesa Parcel 5, LLC (Pipeline) Savage (Joan, John, Roy, Marshall& Daniel) (Pipeline) Tonder (David & Mary Ann) (Pipeline) Stierberger (Edward A Revocable Trust) (Pipeline) Battlement Mesa Land Investments Parcel OHS, LLC (Pipeline) Battlement Mesa Golf Course, LLC (Pipeline) Battlement Mesa Land Investments Parcel Fairways, LLC (Pipeline) Lyons (John and Jody & Family Partnership, LP) (Pipeline) PROJECT REPRESENTATIVE: Rob Bleil (URSA Operating Company) PRACTICAL LOCATION: Battlement Mesa PUD (Parachute, Colorado) PARCEL(S): "B" Well Pad: 240913406004; "D" Well Pad: 240708100152; Pipelines: 240708100152, 240718418028, 240708100152, 240717100001, 240717100002, 240717100003, 240708400018, 240708400188, 240708100152, 240718100005, 240707109001, 240707400008, 240707400010, 240707400007, and 240707301001 I. GENERAL PROJECT DESCRIPTION Applicant (URSA Operating Company) proposes to extract natural gas that lies below the surface of the Battlement Mesa Planned Unit Development (BMPUD). 1 The project includes the development of two well pads ("D" and "B" Pads) and a network of co -located natural gas and water pipelines in the PUD as shown on the draft site plan attached to this summary. This development plan represents the first phase of the development of well pads inside the Battlement Mesa PUD. Note, as the site plan indicates, there are two additional well pads that are anticipated to be developed that are outside the PUD (Tompkins Pad and B&V Pad) and are not considered in this review as they are not located in the PUD and allowed as a use -by -right in the Rural Zone District; however, they will be served by the same pipeline network proposed within the PUD. The pipeline system (co -located water and gas) proposed for this phase will be sized to serve as the gathering system for the future pads anticipated for development in the PUD so that future phases will only consist of pad development. The Applicant is considering including an injection for waste water disposal on one or both pads in the PUD. Injection Wells are not explicitly included as a standalone use in the 1978 Land Use Code and because they are not include in the definition of "Extraction", the Applicant will need to amend the text of the PUD to include the use as an allowable use (such as a Special Use, Conditional Use or Use -By -Right) in the PUD, then make an application for its development. Haul routes for the development of the two pads and the pipelines will primarily be via the Una Bridge, Stone Quarry Road and County Road 300 route. Size of the gas / water lines will range in sizes from 8 inch up to 12 inch depending on the engineering requirements associated with their use. Anticipated ROW widths are 25 ft permanent easement(s) for all associated pipelines/waterlines There is no compression proposed for this phase (or any phase) of the well pad development. Because the two proposed well pads are located on different properties with different ownership, the Applicant will submit separate applications for each location that will all be tracked together in the same process. Additionally, the pipeline network will also need to be submitted in a separate Pipeline Development Plan Application that will also track along with the well pad applications. The proposed process for the applications are as follows: October 20, 2014: Application is submitted to Garfield County November 18, 2014: Deadline for County Staff to render a decision regarding technical completeness of the application December 18, 2014: Anticipated Technically Complete Application determination by the County Staff Jan -- Feb, 2015: Site Visit for the Planning Commission 2 February 12, 2015: Planning Commission Hearing February 13, 2015: Planning Commission Hearing (continued from 02/12/15, if necessary) Feb — Mar, 2015: Site Visit for the Board of County Commissioners (BOCC) March 17, 2015: BOCC public hearing (likely to be held in Battlement Mesa) March 24, 2015: BOCC public hearing (continued from 03/17/15, if necessary) April 7, 2015: BOCC to sign a Resolution of their decision from their public hearing(s) Note, this schedule is a suggested or draft schedule only to be used as a general guide for planning purposes. Actual dates for any public meetings and hearings will be properly noticed according to state law and the County's Land Use and Development Code. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The County approved Resolution 82-121 on May 24, 1982 which provides the zone districts and the uses permitted in each zone district within the BMPUD. "Extraction of Natural Resources" is listed in each zone as a `special use'. Section 10.0 (SR Supplementary Regulations) found on page 24 provides the process by which the special use is to be administered. This is stated here: 'Where preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. ' As a result, the County shall require that in order to extract natural resources (drill for natural gas) within the PUD, the property owner (or their designee) shall be required to render an application for a Special Use Permit to the County. This application shall require the owner to demonstrate that they comply with the standards / criteria found in the County's zoning code on January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132). The process for the review of this Special Use Permit application shall be that of the "Major impact Review' process in the County's Unified Land Use Resolution (LUDC) of 2008, as amended. Further, the County will evaluate and permit each well pad separately; however, they may be submitted and processed under the Major Impact Review process and tracked together. 3 A. Process Based on this, the process for the SUP will follow the process for a "Major Impact Review" in Section 4-105 of the LUCD. That process is provided here for convenience as it is found in Table 4-102 and highlighted in the red bold box. Additionally, a process flow chart has been attached for your review. I 'S BOA tJ�ii62rd D I• PC -1r 4-103 Section 4-101. Appicante Relnevf Procedure A Q �' !! U a. .I Table B N a 4 4-102: C c un p C « 1 D e a II4 5 � r5 1 Common E F . CI m v O 1 2 2 cc .2_ Review G o iy O• D Procedures H a Z. o id r 1? o it 4 and Required Notice Additional Requirements Board of AMJuShientS Or County Camnrlsslnner$ Diredor Planning Commission Administrative Review El r 4-104 United Impact Review 4 4 Q 1 0 BoCC r r J ®Q 4-105 Major Impact Revlew J 1 Q 1 g2 PC BOCC r 1 nap Notice required for PC and BOCC hearings. MaliG. r_«-•n,=u�Y;•r-cr_�r.•1•�-•�in�Eiiil/M M 9 - - -li ..., 4-107 Minor Temporary housing Fadttly r J 4 r_ D r r - a- 4-108 ROW . d a .. . or • T. r r El 1 12 PC BOCC r r r 1 ® and 4-109 Develop. In the 100 -Year Floodplain r J QQ • _ D • • mum Per Adminisealive Review, se lion 4-103 4-110 + •• �•� ; • 77; J J J J J- BOA ■■ J J 41 4111 4.112 Location and Extent Review CaaUp t0 the BOCC CI J ■� II r. J PC BOCC r J ■ •II NM • ~ • •,� at le clays but no more than 30 calendar . , : 1q -, +. 4-113 Rezoning Q • 1 J Q PC BOCC III -e7 r r■: �' a.�=h 4,1=. w:r._re.•...""€" .-i 4.114 Code Tea Amendment ■ r ■ r r PC BOCC ■■ r ■ *. . . J .•. er . KUM Administrative Interpretation -----_ 0 --IIII-- 4-117 AOnlinlseawe tnterpretauon Appeal r r 1 _ BCW QM -IIIIIIIIIMIIIIIIIIIIIIIIMIIMMIll 4.118 W3Jvvr of Standards E- Determined by companion application. Notice as required by companion application. 4-119 FAc Accommodation Pursuant to Feaerat Act ■ 1 ■ 1 .4 BOCC 1 .■ J B. Submittal Requirements: The following submittals shall be required for a Special Use Permit Application. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (Le. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 4 2. if you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. if you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U. S. G. S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. if you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. (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; (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 5 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; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations] This may include uses such industrial uses [section 5.03.07 & 5.03.08) which are attached. *See the required standards from the Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) attached as Exhibits A and B. Any application shall provide responses to these standards that demonstrates the proposed use can meet these criteria 1 standards. 10. A $525.00 Base Fee: Applicant shall sign the `Agreement for Payment" form and provide the fee with the application. 11. Submit 3 copies (and 1 CD or DVD) of this completed application form and all the required submittal materials to the Community Development Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. III. CRITERIA The criteria that shall be used to evaluate the project includes the following as referenced in Exhibit A attached hereto as well as the general criteria here from the land Use 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. (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. (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. IV. APPLICATION REVIEW a. Review by: Staff for completeness, recommendation and referral agencies for additional technical review. b. Public Hearing: c. Referral Agencies: X Planning Commission X Board of County Commissioners It is expected that the application will be sent to the following County Departments and external agencies: 6 D Garfield County Road and Bridge D Garfield County Attorney Town of Parachute • Garfield County Oil and Gas Liaison D Battlement Mesa Metro District D Garfield County Public Health Department D RE -16 School District D Colorado Parks & Wildlife D Garfield County Vegetation Management D Grand Valley Fire Protection District D Colorado Oil and Gas Conservation Commission D Colorado Department of Transportation • Colorado Department or Water Resources V. APPLICATION REVIEW FEES a. Planning Review Fees: $525.00 b. Referral Agency Fees: $ c. Total Deposit: $525.00 (additional hours billed at an hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared bv: Fred A. Jarman, AIC If/I'll/ ) Date Attachments: Exhibit A: Regulations from the 1978 Land Use Resolution Exhibit B: Sections from the Battlement Mesa PUD (Resolution 79-132) Exhibit C: Proposed URSA Field Development Plan Map 7 C. Section 4-105 Major Impact Garfield County Major Impact Review PIOUS! (Section 4-105) Sten 1: pre• application ur,fere ICC *Applicant has 5 months to submit application Step 2: ApplicltionSu!;Fri ri sI Stop 1. Cnrnp rtrr r n, •2o business days to revlaw *If Incomplete, 60 days to remedy deficiencies *Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners, at least 30 days but no more than 60 days prior to Planning Com mission public hearing Step S: Referral •21 day comment period Step 6: Evolution by Director Stcr irf5;anr:f'•gleir'9rif,;ir11i ifsmfck'1 and r e€ontrn,ndatiirr Slrl:.. S, Imar. r I I :', ir'f' ,a'ul *Published, posted, and mailed to edjecent property owners within 200 feet and mineral owners, ■t least 30days but no more than 60days prior to BOCC public hearing Step 9; BOCC Decision •Applicant has 1 year to meet any conditions of approval B1 5.03.01 (8) Mobile Home -as an Accesso Use to a Workin ra on 5 5 .t3.02 03.03 03.09 .03 _1 D • A mobile home shall be allowed as an accessory working farm or ranch operation as a Condit' p ovided: (3,) The principal wage earner living in me is a full time employee of the o ranch operation that is presen pr ,arily agricultural productio. (2) The or maso (3) (4) (5) • ile home is placed ry footer; There sha home shall be no outside e skirted; No more than ,e sin be allowed as a ac• or ranch operati The mobile hom to others th operation. Row House; A the minimum square fee the plat lots an• menta Stu CO t • sha those on • s na e mobil orking f y devoted permanent conc torage and the mob e --family mobile home sh ssory use to a working f to use, rm 0 ete . 11 1 not be rented for occupa mployed by the farm or r bdivision plat of area for a row , a minimum of six r d the plat includes su common to satisfy floor ar der the appropriate Zone Dist ust be approved when ouse lot is 1,400 house lots appear cient land area ratio require- ct Regulation. ty must be s are limi cy ch on o for the Arts and Crafts; All acti ucted within a building and retail sa one -of -a -kind goods produced on the lot. Aircraft Landing Strip; Such strip may not be with any reservation, regulation or requirement Federal Aviation Administration. 5 Airport, Utility; Such airport shall be approved b Federal Aviation Administration. 03.06 Airport, Air Carrier; Such airport shall be approved the Federal Aviation Administrat confl f the t 5.03,07 Industrial Operations: industrial Operations, including extraction, processing, fabrication, industrial support facilities, water impoundments, mineral waste disposal, -52- storage sanitary land -fill, salvage yard, access routes and utility lines, shall be permitted, provided: (.1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director two (2) copies of an impact statement on the proposed use prescribing 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 County Commissioners by the Planning Director. The County Commissioners shall review the impact statement to determine whether the proposed industrial operation complies with the require- ments of this Section and shall notify the Planning Director of its decision in this regard, in writing, within thirty (30) days from the date on which the impact statement is filed with the Planning Director. The impact statement shall show that the use shall be designed and operated in compliance with all applicable laws and regulations of the County, State and Federal Governments, and will not have a significant adverse effect upon: (a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (b) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other amanations; (c) Wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisance to areas elsewhere in the County; (3) Sufficient distances shall e su from abutting propertywhhmightotherwisebedamagedby operations of the proposed uses; (4) At the discretion of the County Commissioners additional information supplementing the impact state- ment may be required. Such request for additional information shall be in writing and shall be given to the applicant not later than forty-five (45) days after -53- the filing of the impact statement. The County Commis- sioners shall then have an additional forty-five (45) days from the date of submission of such additional information within which to notify the Planning Director of their decision in respect to said impact statement; An application for permit for an industrial operation shall be subject to the provisions under Section 8.01 in addition to the required impact statement. Any provisions of Section 8.01 to the contrary notwith- standing, the Building Official Shall have a period of ten (10) days from notification by.the County Commissioners of their decision as hereinabove provided, within which to act upon such application; (5) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement ofsuch use; (a) The plan for site rehabilitation shall be submitted to" the Planning Director with the impact state- ment, and must be approved by the County Commissioners before a permit for conditional or special use will be issued; (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, or bond, or certified check or other security deemed accept- able 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: 5.03.08 Industrial Performance Standards: All industrial operations in Garfield County shall comply with appli- cable 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: -54- (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibles, with a maximum increase of five (5) decibles permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (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; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and 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; (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such,facilities from adjacent property; (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; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise -55- be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safe- guards 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. • initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the .following special findings: 1) Such use is appropriate to the physiographic eral environmental character of the District h it is added; h h use does not create any more ha n of the natural environment tha ally resulting from the othe ict to which it is added; (2) S alterati. amount no in the Dis haze oes not create heat, smoke, odo or mor ormally r distri (3) Such use vibration, dust, objectionable in the minimum amount uses permitted in t to or the minimum uses permitted any e offensive noise, do , glare, or other traffic hazards than lting from the other to which it is added; (4) Such use is compa , e to the uses existing and permitted in the distri • to which it is added. When any use has be added uses in any distr' t in accor such use shall •. deemed to be section of tho - district regulati added thereto in the published text at the fir convenient opportunity, inditati that the addition was made with t Section. • the list of permitted ce with this Section, sted in the appropriate ns, and shall be f this Resolution th a notation i accordance 5.03.10 Ap oval of Conditional and Special Uses: Us listed Conditional under the appropriate zone Distr t egulation shall be permitted based on compliance with the requirements listed herein; where useb are lis, -d as Special Uses they shall be permitted only: I RESOLUTION NO. 79-132 WHEREAS, on the 2nd day of January, 1979, this Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1, concerning a Zoning Resolution for the County of crfield, State of Colorado; and WHEREAS, this Board is authorized by the provisions of C.R.S. 1973, 30-28-109 through 30-28-116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board bas proposed certain text amendments to the said Zoning Resolution, which were on file for public inspection in the Office of the Garfield County Clerk and Recorder for a period of thirty days beginning the 14th day of September, 1979; and WHEREAS, a public hearing was held on the 15th day of October, 1979, upon the question of the adoption of the pro- posed text amendments, pursuant to public notice required by law; and WHEREAS, the public was, at such public hearing, given the opportunity to voice its opinions regarding the proposed text amendments, which opinions have been given full consid- eration by this Board; and WHEREAS, this Board has determined that certain of the proposed text amendments are necessary to make the aforementioned Garfield County Zoning Resolution consistent with Colorado statutes and to improve the efficiency and clarity of said Zoning Resolution; NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows: AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION. Section 2.02.23 of the Garfield County Zoning Resolution shall be amended by the deletion of the words "the Colorado Department of Health and and by the addition of the words "to review and/ or enforce health and safety provisions or requirements which are included in this Resolution,"at end of said section. Section 2.02.43 of the Garfield County Zoning Resolution shall be amended by changing the words "one thousand" to "five hundred". Section 2.02.47 of the Garfield County Zoning Resolution shall be amended by changing the word "right" to "tight". The Garfield County Zoning Resolution shall be amended by the addition of a new section 2.02.56, which shall read as follows: Salvage Yard: Any location which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or sythe- tic petro -chemical debris, waste, appliances, or parts thereof, iron, steal, and other old or scrap ferrous or non-ferrous material. Section 3.02.03 of the Garfield County Zoning Resolution shall be amended by changing the word "events" to "gatherings". Section 3.07.06 of the Garfield County Zoning Resolution shall be amended by the addition of the following paragrpah: (3) Side yard: 10 feet from side lot line or 1/2 the height of the principal building, whichever is greater. Section 3.09 of the Garfield County Zoning Resolution shall be amended by changing the word "Spacial" to "Conditional". Section 3.09.01 of the Garfield County Zoning Resolution shall be amended by changing the word "special" to "conditional". Section 4.08.03 of the Garfield County Zoning Resolution shall be amended by the addition of the following, which shall be the first sentence in said section. Every Planned Unit Development Plan shall include a detailed listing of districts within the PUD in which specific uses shall be permitted, which listing shall be in substantially the form contained in Section 3.00 hereof. Section 4.08.05(7)(d) of the Garfield County Zoning Resolution shall be amended to read as follows: A list of the owners of properties located within 300 feet of the boundaries of the PUD and their addresses: Section 5.02.01 shall ba amended by the addition of the following sentence: Occupancy of an existingrsmobiie hobe'patk and individual spaces of an existing mobile home park shall be governed by the provisions of Section 6.11 and 7.00 of this Resolution. Section 5.03(1) of the Garfield County Zoning Resolution shall be amended to read as follows: Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in con- junction with the proposed use; Page 1 AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The word and number "thirty (30)" found in Sections 5.03.01 (A)(4) and (A)(5) of the Garfield County Zoning Resolution shall be amended to read "fifteen (15)". .0..The first sentence of Section 5.03.07(4) of the Garfield County Zoning Resolution shall be amended to read as follows: In the event the County Commissioners or Planning Director determine that the impact of a proposed industrial operation is such that information in addition to the impact statement or other informa- tion submitted is necessary for the informed evalu- ation of such impact, such additional information may be required. Section 5.03.07 of the Garfield County Zoning Resolution shall be amended by the addition of a new subparagraph, which shall read as follows: (6) The Planning Director may, upon the preliminary determination that an industrial operation related solely to the extraction of oil and gas from the ground through conventional use of drilling and pumping, and the extraction of sand and grave). affecting not more than ten. acres has limited impact, waive the requirement for the above-described impact statement, upon the submittal of such information as the Planning Director requires for the evaluation of the impact of such an extractive operation. If the determination is later made that additional information is required, subsection (4) of this Section shall apply. Section 8.01 of the Garfield County Zoning Resolution shall be amended by the following words at the conclusion of the first sentence thereof: and all provisions of Building Code affecting the subject property. Section 9.02.01 of the Garfield County Zoning Resolution shall bo amended to read as follows: Applications A11 conditional use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all information required of an application for a permit and subject to all administrative procedures thereof plus the following: Supporting information, plans, letters of approval from responsible agencies and other information to satisfy requirements listed under Conditional and Special Uses in the Supplementary Regulations. Section 9.02.02 of the Garfield County Zoning Resolution shall be amended to read as follows: Action by the Planning Director: The Planning Director shall utilize services of the Environmental Health Officer, the Building Official, and Planning Department and other county and state officials or agencies to arrive at a determination that the proposed buildings, structure and use is in compliance with all applicable zoning, sub- division, building, health and sanitation regulations; and if the proposed building, structure and use are in compliance, the Planning Director shall make a•; recommendation that the County'Commiasioners consider the application with or without a public hearing. Page 2 AMENDMENTS To GARFIELD COUNTY ZONING RESOLUTION The Garfield County Zoning Resolution shall be amended by the addition of a Sectio 9.02.03, which shall read as follows: Action by theiCounty Commissioners: Upon receiving an application for conditional use permit and recom- mendation regarding public hearing from the Planning Director, theiCounty Commissioners shall either (1) grant the conditional use permit without conditions, (2) provide the applicant with an opportunity for hear- ing, subseguer<t to which the County Commissioners may grant or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution, or (3) schedule a public hearing upon the conditional use application, at which the applicantjand interested parties, including county representatives, will be provided an opportunity to express their!opinions regarding such application, sub- sequent to which public hearing the County Commissioners may grant, or:conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the puiposes of this Resolution. A hearing shall be heldlno later than 30 days following the receipt of the Conditional Use Permit application unless such time is extended by the County Commissioners. The County Commis ioners may refer a request for conditional use permit to the County Planning Commission for its review and recommendation. Public Noticeishall be provided in accordance with the provisions ofisections 9.03.03(1) and (2), if public r hearing held.' The concurring vote of the majority of the County Commissioners shall be necessary to decide that the conditional use permit shall be conditionally granted upon specific'conditions. The County Commissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decision, in writing, within fifteen (15) days following the public hearing. The decision shell state specific findings of fact relevant to all essential issues. If the permitis conditionally granted, such decision shall includelreasons for conditions imposed. The first clause of Section 9.03.01 of the Garfield County Zoning Resolution shall be emended to read as follows: Application: 1111 special use permit applications shall be filed by the owner or owners of the aubject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all infor- mation required of an application for a permit and sub- ject to all administrative procedures thereof plus the following: I The number "7.02.03";contained in Section 9.04.02 of the Garfield County Zoning Resolution shall be amended to read "9.05.036. ! Section 10.04.01 of the Garfield County Zoning Resolution shall be amended to read ah follows: Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least fi£teeni(15) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject o the proposed amendment. Section 11:00 of the Garfield County Zoning Resolution shall be -3- . AMENDMENTS Ti' GARFIELD COUNTY ZONING RESOLUTION amended by the addition of a new paragraph, which shall read as follows: Unless otherwise specifically provided herein, time limitations imposed upon the Board of County Commissioners, the Planning Commission, or any other County officer, or body by this Zoning Resolution shall be interpretted as having no consequence other than authorizing any interested party, upon the expiration of such limitation, to request judicial relief in the nature of mandamus, requiring the body or officer to make the determinations or decisions required by this Resolution. The expiration of any such time limitation shall not in and of itself be considered the approval or denial of any application, plan or question under consideration. The Garfield County zoning Resolution shall be amended by the addition of new sections 3.11 through 3.11.09, which shall read as follows: 3.11 R-MH/G/UD -- RESIDENTIAL -MOBILE HOME/GENERAL/ URBAN DENSITY 3.11.01 Uses, by right: Single-family, two-family and multiple -family dwelling, boarding and rooming house, and customary accessory uses including building for shelter or enclosure of animals or property acces- sory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park. 3.11.03 Uses, conditionals Mobile Home as principal use of the lot; Row House; Studio for conduct of arts and crafts; Home occupation; Church, community building, day nursery and school. 3.11.03 Uses, special: Mobile Home Park; 3.11.04 Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. 3.11.05 Maximum Lot Coverage: 50 percent 3.11.06 Minimum Setback: (1) Front yard; (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever is greater; (b) Local street: 50 feet from street centerline or 25 feet from lot line, whichever is greater; (2) Rear Yard: 25 feat from rear lot line; (3) Side Yard: 10 feet from side lot line or 1/2 the height of the principal building, whichever is greater. 3.11.07 Maximum Height of Buildings: 25 feet 3.11.08 Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. 3.11.09 Additional Requirements: All uses shall be subject to the provisions under Section S (Supplementary Regulations). -a- AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The first sentence of Section 5.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: A mobile home may be allowed as the principal use of a lot as a special or conditional use, as provided within the zone district provisions of this resolu- tion, provided that each of the following conditions is satisfied in the situation of a special use and that the first three of the conditions are satisfied in the situation of a conditional use: The legend of zone district designations shall be amended by the addition of the following: R-MH/G/UD RESIDENTIAL -MOBILE HOME/GENERAL/URBAN DENSITY BE IT FURTHER RESOLVED that the foregoing amendments shall be effective immediately, that a copy of this amending Resolution shall be filed and recorded with the Garfield County and Recorder, and that all other provisions of the said Garfield County Zoning Resolution shall remain in full force and effect. DATED this 15th day of October, 1979. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO N ncy r k Page Pleven J. Cex e, Chairman Deputy Jerk of theOBoard -5- GARFIELD COUNTY Community Development Department 108 81" Street, Suite 401 Glenwood Springs, Colorado 81601 - Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY CONFERENCE DATE: September 11, 2014 PROJECT: "Extraction of Natural Resources" to drill for natural gas within the Battlement Mesa Planned Unit Development (PUD) COUNTY PROCESS REQUIREMENT: Special Use Permit processed via the Major Impact Review process OWNER(S): URSA (Minerals Lessee & Operator) Battlement Mesa Partners (Surface / Well Pad) Battlement Mesa Land Investments (Surface / Well Pad & Pipeline) Battlement Mesa Parcel 5, LLC (Pipeline) Savage (Joan, John, Roy, Marshall& Daniel) (Pipeline) Tonder (David & Mary Ann) (Pipeline) Stierberger (Edward A Revocable Trust) (Pipeline) Battlement Mesa Land Investments Parcel OHS, LLC (Pipeline) Battlement Mesa Golf Course, LLC (Pipeline) Battlement Mesa Land Investments Parcel Fairways, LLC (Pipeline) Lyons (John and Jody & Family Partnership, LP) (Pipeline) PROJECT REPRESENTATIVE: Rob Bleil (URSA Operating Company) PRACTICAL LOCATION: Battlement Mesa PUD (Parachute, Colorado) PARCEL(S): "B" Well Pad: 240913406004; "D" Well Pad: 240708100152; Pipelines: 240708100152, 240718418028, 240708100152, 240717100001, 240717100002, 240717100003, 240708400018, 240708400188, 240708100152, 240718100005, 240707109001, 240707400008, 240707400010, 240707400007, and 240707301001 I. GENERAL PROJECT DESCRIPTION Applicant (URSA Operating Company) proposes to extract natural gas that lies below the surface of the Battlement Mesa Planned Unit Development (BMPUD). I The project includes the development of two well pads ("D" and "B" Pads) and a network of co -located natural gas and water pipelines in the PUD as shown on the draft site plan attached to this summary. This development plan represents the first phase of the development of well pads inside the Battlement Mesa PUD. Note, as the site. plan indicates, there are to additional well pads that are anticipated to be developed that are outside the PUD (Tompkins Pad and B&V Pad) and are not considered in this review as they are not located in the PUD and allowed as a use -by -right in the Rural Zone District; however, they will be served by the same pipeline network proposed within the PUD. The pipeline system (co -located water and gas) proposed for this phase will be sized to serve as the gathering system for the future pads anticipated for development in the PUD so that future phases will only consist of pad development. The Applicant is considering including an injection for waste water disposal on one or both pads in the PUD. Injection Wells are not explicitly included as a standalone use in the 1978 Land Use Code and because they are not include in the definition of "Extraction", the Applicant will need to amend the text of the PUD to include the use as an allowable use (such as a Special Use, Conditional Use or Use -By -Right) in the PUD, then make an application for its development. Haul routes for the development of the two pads and the pipelines will primarily be via the Una Bridge, Stone Quarry Road and County Road 300 route. Size of the gas / water lines will range in sizes from 8 inch up to 12 inch depending on the engineering requirements associated with their use. Anticipated ROW widths are 25 ft permanent easement(s) for all associated pipelines/waterlines There is no compression proposed for this phase (or any phase) of the well pad development. Because the two proposed well pads are located on different properties with different ownership, the Applicant will submit separate applications for each location that will all be tracked together in the same process. Additionally, the pipeline network will also need to be submitted in a separate Pipeline Development Plan Application that will also track along with the well pad applications. The proposed process for the applications are as follows: October 20, 2014: Application is submitted to Garfield County November 18, 2014: Deadline for County Staff to render a decision regarding technical completeness of the application December 18, 2014: Anticipated Technically Complete Application determination by the County Staff Jan — Feb, 2015: Site Visit for the Planning Commission February 12, 2015: Planning Commission Hearing 2 February 13, 2015: Planning Commission Hearing (continued from 02/12/15, if necessary) Feb — Mar, 2015: Site Visit for the Board of County Commissioners (BOCC) March 17, 2015: BOCC public hearing (likely to be held in Battlement Mesa) March 24, 2015: BOCC public hearing (continued from 03/17/15, if necessary) April 7, 2015: BOCC to sign a Resolution of their decision from their public hearing(s) Note, this schedule is a suggested or draft schedule only to be used as a general guide for planning purposes. Actual dates for any public meetings and hearings will be properly noticed according to state law and the County's Land Use and Development Code. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The County approved Resolution 82-121 on May 24, 1982 which provides the zone districts and the uses permitted in each zone district within the BMPUD. "Extraction of Natural Resources" is listed in each zone as a `special use'. Section 10.0 (SR Supplementary Regulations) found on page 24 provides the process by which the special use is to be administered. This is stated here: `Where preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) and to the officially adopted Garfield County Subdivision Regulations of January 2, 1979, and amendments of October 15, 1979. ' As a result, the County shall require that in order to extract natural resources (drill for natural gas) within the PUD, the property owner (or their designee) shall be required to render an application for a Special Use Permit to the County. This application shall require the owner to demonstrate that they comply with the standards / criteria found in the County's zoning code on January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132). The process for the review of this Special Use Permit application shall be that of the "Major Impact Review' process in the County's Unified Land Use Resolution (LUDC) of 2008, as amended. Further, the County will evaluate and permit each well pad separately; however, they may be submitted and processed under the Major Impact Review process and tracked together. 3 A. Process Based on this, the process for the SUP will follow the process for a "Major Impact Review" in Section 4-105 of the LUCD. That process is provided here for convenience as it is found in Table 4-102 and highlighted in the red bold box. Additionally, a process flow chart has been attached for your review. B. Submittal Requirements: The following submittals shall be required for a Special Use Permit Application. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 4 ! A Q J Table B s Y J 4-102: C ✓ Common E p$6 ✓ Review Procedures and Required Notice .1 4-103 Section 4-101. ' t. ws. �� it k,. .Sy D C W ✓ F C _ G H 1 C e o gg •N C D J J Required Notice Additional Requirements r t e fp I5llt\s�� Administrative Review - ✓ - 4-104 Limited Impact Review ✓ ✓ ✓ ✓ ✓ _ BOCC J ✓ ✓ ✓ 1 4-105 Ma'or Im.act Review 1 1 1 J 1 PC BOCC ✓ 1 J 1 1 Notice r+uired for PC and BOCC heart .s. 4-106 Amendments to an Approved LUCP 1 1 ■■.. D .■ - uyec o 7moror u. an a +••i ca onDetermination . -r section 4-106. 4-107 Minor Temporary Housing Facility 1 1 J ✓ - D 1 1 1 - 4-108 Rao ytlon of a County Road or Public J J id J ✓ PC BOCC J J ✓ J ■PC hearing requires inclusion in posted agenda. BOCC hears . 1-.uires . bfication and mails .. 4-109 Develop. in the 100 -Year Floodplain 1 1 1 1 1 _ D 1 1 1 . Per Administrative Review, section 4-103. 4-110 Develop. In the 100 -Year Floodplaln Variance J ✓ J ✓ J. BOA ■■ 1 1 ✓ 4-111 Location and Extent Review 1 1 ■ J J ■ PC ✓ ■ ✓ ✓ ✓ Notice to be provided at least 7 calendar days but no morethancalendaroa or is 4-112 Call -Up to the BOCC Pg ..., 1 . BOCC ✓ 1 BOCCoriginalapplication.a shall provide no Ice as required by the t. rewin. li re pplication. It no notice was required, notice shall be adequate if Included In a posted agenda. 4-113 Rezoning 1 ✓ ✓ 1 J PC BOCC -- J J J Notice required for PC and BOCC heanngs. 4-114 Code Text Amendment ■ ..0■ 1 1 PC BOCC ■■ ✓ - Notice for PC and da s poor to hearing BOCC hearings published 15 00001=1 BOA ....QMIQ 4-116 Administrative Interpretation ----._ D ----- 4-117 Administrative Interpretation Appeal 1 1 1 _ BOA -- ✓ II00 4-118 Waiver of Standards 1 Determined by companion application. Notice as required by companion application. 4-119 Accommodation Pursuant to Federal Fair Housln. Act ■ 1 ■ 1 1 ■ BOCC 1 ■■ 1 ■ B. Submittal Requirements: The following submittals shall be required for a Special Use Permit Application. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 4 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U. S. G. S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. (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; (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 5 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; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08] which are attached. *See the required standards from the Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) attached as Exhibits A and B. Any application shall provide responses to these standards that demonstrates the proposed use can meet these criteria / standards. 10. A $525.00 Base Fee: Applicant shall sign the `Agreement for Payment" form and provide the fee with the application. 11. Submit 3 copies (and 1 CD or DVD) of this completed application form and all the required submittal materials to the Community Development Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. III. CRITERIA The criteria that shall be used to evaluate the project includes the following as referenced in Exhibit A attached hereto as well as the general criteria here from the land Use 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. (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. (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. IV. APPLICATION REVIEW a. Review by: Staff for completeness, recommendation and referral agencies for additional technical review. b. Public Hearing: c. Referral Agencies: X Planning Commission X Board of County Commissioners It is expected that the application will be sent to the following County Departments and external agencies: 6 ➢ Garfield County Road and Bridge ➢ Garfield County Attorney ➢ Town of Parachute ➢ Garfield County Oil and Gas Liaison ➢ Battlement Mesa Metro District ➢ Garfield County Public Health Department ➢ RE -16 School District ➢ Colorado Parks & Wildlife ➢ Garfield County Vegetation Management ➢ Grand Valley Fire Protection District ➢ Colorado Oil and Gas Conservation Commission ➢ Colorado Department of Transportation ➢ Colorado Department or Water Resources V. APPLICATION REVIEW FEES a. Planning Review Fees: $525.00 b. Referral Agency Fees: $ c. Total Deposit: $525.00 (additional hours billed at an hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Fred A. Jarman, Al Attachments: Exhibit A: Regulations from the 1978 Land Use Resolution Exhibit B: Sections from the Battlement Mesa PUD (Resolution 79-132) Exhibit C: Proposed URSA Field Development Plan Map C. Section 4-105 Major Impact Approximately 5 months if submittal is complete Garfield County Major Impact Review Process (Section 4-105) Step 1: Pre -application Conference •Applicant has 6 months to submit application Step 2: Application Submittal Step 3: Completeness Review •20 business days to review •If incomplete, 60 days to remedy deficiencies Step 4: Schedule Hearing and Provide Notice •Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners, at least 30 days but no more than 60 days prior to Planning Commission public hearing Step 5: Referral •21 day comment period Step 6: Evalution by Director Step 7: Planning Commission Review and Recommendation Step 8: Schedule Hearing and Provide Notice *Published, posted, and mailed to adjacent property owners within 200 feet and mineral owners, at least 30 days but no more than 60 days prior to BOCC public hearing Step 9: BOCC Decision *Applicant has 1 year to meet any conditions of approval 81 5.03.01 (B) Mobile Home as an Accessor Use' to a Workin era ion 5 GUM or xcanon up A mobile home shall be allowed as an working farm or ranch operation as ovided: p (I) accessory a Condit' The principal wage earner living in .me is a full time employee of the ranch operation that is presen Warily agricultural productio• 0 pra. (2) The m or maso • ile home is placed on ry footer; (3) There sha home shall (4) be no outside e skirted; No more than be allowed as a or ranch operati e (5) The mobile hom to others tha operation. 3.02 Row House; A the minimum square fee the plat lots an ments 03.03 Stu co 03.04 .03 t • sin ac •# sha those • na e. mobil orking f y devoted permanent cone torage and the mob e -family mobile home sh ssory use to a working f to use, rm 0 ete . I not be rented for occupa employed by the farm or r bdivision plat of area for a row a minimum of six ro d the plat includes su common to satisfy floor ar der the appropriate Zone Dist 11 m ust be approved wher ouse lot is 1,400 house lots appear icient land area ratio require- 'ct Regulation. cy nch on o for the Arts and Crafts; All acti ucted within a building and retail sa one -of -a --kind goods produced on the lot. 'ty must be s are limi Aircraft Landing Strip; Such strip may not be with any reservation, regulation or requirement Federal Aviation Administration. 05 Airport, Utility; Such airport shall be approved b Federal Aviation Administration. 03.06 Airport, Air Carrier; Such airport shall be approved the Federal Aviation Administratio confl f the 5.03.07 t Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, water impoundments, mineral waste disposal, -52- storage sanitary land -fill, salvage yard, access routes and utility lines, shall be permitted, provided: (.1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director two (2) copies of an impact statement on .the proposed use prescribing 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 County Commissioners by the Planning Director. The County Commissioners shall review the impact statement to determine whether the proposed industrial operation complies with the require- ments of this Section and shall notify the Planning Director of its decision in this regard, in writing, within thirty (30) days from the date on which the impact statement is filed with the Planning Director. The impact statement shall show that the use shall be designed and operated in compliance with all applicable laws and regulations of the County, State and Federal Governments, and will not have a significant adverse effect upon: (a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (b) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other amanations; (c) Wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisance to areas elsewhere in the County; (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; (4) At the discretion of the County Commissioners additional information supplementing the impact state- ment may be required. Such request for additional information shall be in writing and shall be given to the applicant not later than forty-five (45) days after -53- the filing of the impact statement. The County Commis- sioners shall then. have an additional forty-five (45) days from the date of submission of such additional information within which to notify the Planning Director of their decision in respect to said impact statement; An application for permit for an industrial operation shall be subject to the provisions under Section .8.01 in addition to the required impact statement. Any provisions of Section 8.01 to the contrary notwith- standing, the Building Official shall have a period of ten (10) daysfrom notification by.the County Commissioners of their decision as hereinabove provided, within which to act upon such application; (5) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement of -such use; The plan for site rehabilitation shall be submitted to the Planning Director with the impact state- ment, and must be approved by the County Commissioners before a permit for conditional or special use will be issued; (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, or bond, or certified check or other security deemed accept- able 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: 5.03.08 Industrial Performance Standards: All industrial operations in Garfield County shall comply with appli- cable 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: (a) -54- (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibles, with a maximum increase of five (5) decibles permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (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; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all. Federal, State and County air quality laws, regulations and 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; (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such, facilities from adjacent property; (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; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise -55- .be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulations; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safe- guards 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. • initiative, the County Commissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the following special findings: 1.) Such use is appropriate to the physiographic eral environmental character of the District whi h it is added; (2) S► h use does not create any more haza • to or alteration of the natural environment tha the minimum amount no ally resulting from the other uses permitted in the Dis ict to which it is added; (3) Such use oes not create any '.re offensive noise, vibration, dust, heat, smoke, odo-, glare, or other objectionable in uences or mor traffic hazards than the minimum amount ormally r-- sting from the other uses permitted in th distrito which it is added; (4) Such use is compa 'b e to the uses existing and permitted in the distri'. to which it is added. When any use has be: added ,o the list of permitted uses in any distr' t in accor.: ce with this Section, such use shall b deemed to be sted in the appropriate section of tho district regulati'ns, and shall be added theretin the published text •f this Resolution at the fir convenient opportunity, s'th a notation indi•cati that the addition was made in accordance with th Section. 5.03.10 Ap •val of Conditional and Special Uses: Us- listed Conditional under the appropriate Zone Distr t egulation shall be permitted based on compliance with the requirements listed herein; where uses are lis . -d as Special Uses they shall be permitted only: . i RESOLUTION NO. 79-132 WHEREAS, on the 2nd day of January, 1979, this Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1, concerning a Zoning Resolution for the County of Garfield, State of Colorado; and WHEREAS, this Board is authorized by the provisions of C.R.S. 1973, 30-28-109 through 30-28-116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendments to the said Zoning Resolution, which were on file for public inspection in the Office of the Garfield County Clerk and Recorder for a period of thirty days beginning the 14th day of September, 1979; and WHEREAS, a public hearing was held on the 15th day of October, 1979, upon the question of the adoption of the pro- posed text amendments, pursuant to public notice required by law; and WHEREAS, the public was, at such public hearing, given the opportunity to voice its opinions regarding the proposed text amendments, which opinions have been given full consid- eration by this Board; and WHEREAS, this Board has determined that certain of the proposed text amendments are necessary to make the aforementioned Garfield County Zoning Resolution consistent with Colorado statutes and to improve the efficiency and clarity of said Zoning Resolution; NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows: AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION;' Section 2.02.23 of the Garfield County Zoning Resolution shall be amended by the deletion of the words "the Colorado Department of Health and" and by the addition of the words "to review and/ or enforce health and safety provisions or requirements which are included in this Resolution,"at end of said section. Section 2.02.43 of the Garfield County Zoning Resolution shall be amended by changing the words "one thousand" to "five . hundred". Section 2.02.47 of the Garfield County Zoning Resolution shall be amended by changing the word "right" to "tight". The Garfield County Zoning Resolution shall be amended by the addition of a new section 2.02.56, which shall read as follows: Salvage Yard: Any location which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber or sythe- tic petro -chemical debris, waste, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous material. Section 3.02.03 of the Garfield County Zoning Resolution shall be amended by changing the word "events" to "gatherings". Section 3.07.06 of the Garfield County Zoning Resolution shall be amended by the addition of the following paragrpah: (3) Side yard: 10 feet from side lot line or 1/2 the height of the principal building, whichever is greater. Section 3.09 of the Garfield County Zoning Resolution shall be amended by changing the word "Special" to "Conditional". Section 3.09.01 of the Garfield County Zoning Resolution shall be amended by changing the word "special" to "conditional". Section 4.08.03 of the Garfield County Zoning Resolution shall be amended by the addition of the following, which shall be the first sentence in said section. Every Planned Unit Development Plan shall include a detailed listing of districts within the PUD in which specific uses shall be permitted, which listing shall be in substantially the form contained in Section 3.00 hereof. Section 4.08.05(7)(d) of the Garfield County Zoning Resolution shall be amended to read as follows: A list of the owners of properties located within 300 feet of the boundaries of the PUD and their addresses: Section 5.02:01 shall be amended by the addition of the following sentence: Occupancy of an .existingt..mobile horhe =.park and individual spaces of an existing mobile home park shall be governed by the provisions of Section 6.11 and 7.00 of this Resolution. Section 5.03(1) of the Garfield County Zoning Resolution shall be amended to read as follows: Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in con- junction with the proposed use; Page 1 AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The word and number "thirty (30)" found in Sections 5.03.01 (A)(4) and (A)(5) of the Garfield County Zoning Resolution shall be amended to read "fifteen (15)". The first sentence of Section 5.03.07(4) of the Garfield County Zoning Resolution shall be amended to read as follows: In the event the County Commissioners or Planning Director determine that the impact of a proposed industrial operation is such that information in addition to the impact statement or other informa- tion submitted is necessary for the informed evalu- ation of such impact, such additional information may be required. Section 5.03.07 of the Garfield County zoning Resolution shall be amended by the addition of a new subparagraph, which shall read as follows: (6) The Planning Director may, upon the preliminary determination that an industrial operation related solely to the extraction of oil and gas from the ground through conventional use of drilling and pumping, and the extraction of sand and gravel affecting not more than ten.. acres has limited impact, waive the requirement for the above-described impact statement, upon the submittal of such information as the Planning Director requires for the evaluation of the impact of such an extractive operation. If the determination is later made that additional information is required, subsection (4) of this Section shall apply. 10°.Thection 8.01 of the Garfield County Zoning Resolution shall be amended by the following words at the conclusion of the first sentence thereof: and all provisions of Building Code affecting the subject property. Section 9.02.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Application: All conditional use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all information required of an application for a permit and subject to all administrative procedures thereof plus the following: Supporting information, plans, letters of approval from responsible agencies and other information to satisfy requirements listed under Conditional and Special Uses in the Supplementary Regulations. Section 9.02.02 of the Garfield County Zoning Resolution shall be amended to read as follows: Action by the Planning Director: The Planning Director shall utilize services of the Environmental Health Officer, the Building Official, and Planning Department and other county and state officials or agencies to arrive at a determination that the proposed buildings, structure and use is in compliance with all applicable zoning, sub- division, building,health and sanitation regulations; and if the proposed building, structure and use are in compliance, the Planning Director shall make a; recommendation that the County -Commissioners consider the application with or without a public hearing. Page 2 AMENDMENTS T.O GARFIELD COUNTY ZONING RESOLUTION The Garfield County Zoning Resolution shall be amended by the addition of a Section 9.02.03, which shall read as follows: Action by theiCounty Commissioners: Upon receiving an application for conditional use permit and recom- mendation regarding public hearing from the Planning Director, the1County Commissioners shall either (1) grant the conditional use permit without conditions, (2) provide the applicant with an opportunity for hear- ing, subsequent to which the County Commissioners may grant or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution, or (3) schedule a public hearing upon the conditional use application, at which the applicantand interested parties, including county representatives, will be provided an opportunity to express their!opinions regarding such application, sub- sequent to which public hearing the County Commissioners may grant, orconditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution. A hearing shall be heldno later than 30 days following the receipt of the Conditional Use Permit application unless such time is extended by the County Commissioners. The County Commissioners may refer a request for conditional use permit tothe County Planning Commission for its review and recommendation. Public Noticeshall be provided in accordance with the provisions ofSections 9.03.03(1) and (2), if public hearing held.; The concurring vote of the majority of the County Commissionersshall be necessary to decide that the conditional use permit shall be conditionally granted upon specific;conditions. The County Commissioners shall take action on the conditional use permit appli- cation and notify the applicant of their decision, in writing, within fifteen (15) days following the public hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permitis conditionally granted, such decision shall include:reasons for conditions imposed. The first clause of Section 9.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Application: ;All special use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose and shall consist of all infor- mation required of an application for a permit and sub- ject to all administrative procedures thereof plus the following: The number "?.02.03" contained in Section 9.04.02 of the Garfield County Zoning Resolution shall be amended to read "9.05.03". Section 10.04.01 of the Garfield County Zoning Resolution shall be amended to read as follows: Prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such public hearing shall also be sent by mail at least fifteen' (15) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject to the proposed amendment. Section 11:00 of the+Garfield County Zoning Resolution shall be -3- . AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION amended by the addition of a new paragraph, which shall read as follows: Unless otherwise specifically provided herein, time limitations imposed upon the Board of County Commissioners, the Planning Commission, or any other County officer, or body by this Zoning Resolution shall be interpretted as having no consequence other than authorizing any interested party, upon the expiration of such limitation, to request judicial relief in the nature of mandamus, requiring the body or officer to make the determinations or decisions required by this Resolution. The expiration of any such time limitation shall not in and of itself be considered the approval or denial of any application, plan or question under consideration. The Garfield County Zoning Resolution shall be amended by the addition of new sections 3.11 through 3.11.09, which shall read as follows: 3.11 R-MH/G/UD -- RESIDENTIAL -MOBILE HOME/GENERAL/ URBAN DENSITY 3.11.01 Uses, by right: Single-family, two-family and multiple -family dwelling, boarding and rooming house, and customary accessory uses including building for shelter or enclosure of animals or property acces- sory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park. 3.11.03 Uses, conditional: Mobile Home as principal use of the lot; Row House; Studio for conduct of arts and crafts; Home occupation; Church, community building, day nursery and school. 3.11.03 Uses, special: Mobile Home Park; 3.11.04 Minimum Lot Area: 7500 square feet and as further provided under Supplementary Regulations. 3.11.05 Maximum Lot Coverage: 50 percent 3.11.06 Minimum Setback: (1) Front yard; (a) arterial streets: 75 feet from street centerline or 50 feet from front lot line, whichever is greater; (b) Local street: 50 feet from street centerline or 25 feet from lot line, whichever is greater; (2) Rear Yard: 25 feet from rear lot line; (3) Side Yard: 10 feet from side lot line or 1/2 the height of the principal building, whichever is greater. 3.11.07 Maximum Height of Buildings: 25 feet 3.11.08 Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary Regulations. 3.11.09 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). -4- • AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION The first sentence of Section 5.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: A mobile home may be allowed as the principal use of a lot as a special or conditional use, as provided within the zone district provisions of this resolu- tion, provided that each of the following conditions is satisfied in the situation of a special use and that the first three of the conditions are satisfied in the situation of a conditional use: The legend of zone district designations shall be amended by the addition of the following: N\N: R-MH/G/UD RESIDENTIAL -MOBILE HOME/GENERAL/URBAN DENSITY BE IT FURTHER RESOLVED that the foregoing amendments shall be effective immediately, that a copy of this amending Resolution shall be filed and recorded with the Garfield County and Recorder, and that all other provisions of the said Garfield County Zoning Resolution shall remain in full force and effect. DATED this ATTEST: 15th day of October, 1979. N�elf 1 /l , ncy r'ck Page Deputy lerk of theBoard BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By:_- Flaven J. Ceri e, Chairman -�C -5-