HomeMy WebLinkAbout8 Staff Report 12.02.2015REQUEST
Director Determination — Minor Amd
12/2/2015
File No. LPAA-12-15-8409
DP
PROJECT INFORMATION AND STAFF COMMENTS
Amendment to a Limited Impact Review Land
Use Change Permit for a Water Impoundment,
Material Handling, Processing and Storage
(Water Management Facility)
PROPERTY OWNER WPX Energy Rocky Mountain, LLC
APPLICANT WPX Energy Rocky Mountain, LLC
ASSESSOR'S PARCEL # 2171-363-00-007
PROPERTY SIZE The Site is approximately 37.620 acres on an
overall tract of approximately 383.78 acres.
LOCATION
The property is located North and adjacent to
the Town of Parachute, in Township 6 South,
Range 96 West, 6th P.M. Section 35: Lot 16.
Section 36: Lots 3,4,5,6, NE/4 SW/4, NW/4
SE/4. Township 7 South, Range 96 West, 6th
P.M. Section 1: Lots 3, 4, SW1/4 NW1/4.
Section 2: Lot 1, Garfield County and is part of
a property known by Assessor's Parcel No.
217136300007.
ACCESS The facility is accessed by US Highway 6 & 24
and an approximately 1.5 mile section of private
gravel roadway.
EXISTING ZONING Resource Lands — Gentle Slopes and Lower
Valley Floor
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting a Minor Amendment to an approved Limited Impact Review
for a 37.62 acre Water Impoundment, Material Handling, Processing and Storage (aka
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Parachute Water Management Facility) within a 383.78 acre parcel owned by WPX
Energy Rocky Mountain, LLC. The property is currently developed with initial operations
beginning in 1978. Since then, the site has seen notable expansions in 1988 and 2012.
The facility was permitted under application number LIPA-8048, memorialized under
Resolution 2014-71 and has a Land Use Change Permit recorded under Reception
Number 867980. Per a Pre -Application Conference conducted on November 24, 2015,
the proposed modification was determined to be Minor per the Land Use and
Development Code of 2013, as amended.
More specifically, WPX is proposing to add an additional building and accessory
equipment/tanks for water treatment within a facility previously permitted for Water
Impoundment, Material Handling, Processing and Storage. The new water treatment
facility building is proposed to be located on east side of the existing facility and in the
middle of the 394.35 acre property. The building and associated equipment/tanks is
proposed to replace an area previously permitted as "landfarm" area and will include a
footprint of approximately 100' by 78' initially with expansion potential to a footprint of
approximately 100' by 132'.
Though not contemplated as part of the original Land Use Permit site plan, the proposed
water treatment facility expansion is consistent with the prior approval and current
activities on the site, namely the treatment of produced water from natural gas extraction
in the area.
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Vicinity Map
Legend
Project Area
I=1 Subject Parcels
3 mi. Buffer of Subject Parcels
Battlement Mesa PUD
Town of Parachute
Parachute Water
Management Facility
Vicinity Map
3
Amended Site Plan
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II. BACKGROUND — AUTHORITY — APPLICABLE REGULATIONS
The Limited Impact Review Land Use Change Permit for a Water Impoundment, Material
Handling, Processing and Storage (Water Management Facility) facility was originally
approved on November 10, 2014, reviewed under application LIPA-8048 and
memorialized under Permit reception number 867980.
Section 4-106 of the Garfield County Land Use and Development Code sets forth the
process for requesting an amendment to an existing Land Use Change Permit. Section
4-106(C) contains criteria for determining if the requested amendment is a Minor
Modification. In accordance with the Land Use and Development Code a Pre -Application
conference was held and the Director of the Community Development Department made
a formal determination that the Application meets the minor modification criteria.
III. REVIEW CRITERIA — STAFF ANALYSIS
The Minor Modification criteria from Section 4-106(C) are shown below with Staff analysis
shown in italics.
Minor Modifications are those that deviate from standards or rearrange/reconfigure
elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or
other site improvements in an approved Land Use Change Permit, including Subdivisions,
and that meet all of the following criteria as applicable:
1. Comply with all requirements of this Code;
The Amendment continues to meet all requirements of the Code.
2. Do not conflict with the Comprehensive Plan;
The Amendment does not conflict with the County's adopted Comprehensive
Plan.
3. Do not change the character of the development;
The Amendment does not change the character of the development.
4. Do not alter the basic relationship of the development to adjacent property;
The Amendment does not change the basic relationship of the development
to adjacent properties.
5. Do not change the uses permitted;
The Amendment does not change the uses currently permitted.
6. Do not require amendment or abandonment of any easements or rights-of-way;
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The Amendment does not require abandonment of any easements or rights of
way.
7. Do not increase the density;
The Amendment does not increase the density of the project.
8. Do not increase the zone district dimensions to an amount exceeding the
maximum dimension in the applicable zone district in Table 3-201; and
The Amendment does not increase the zone district dimensions to an amount
exceeding the maximum dimensions in the Resource Lands — Gentle Slopes
and Lower Valley Floor,
9. Do not decrease the amount of the following to an amount below the minimum
required in the applicable zone district:
The Amendment does not decrease the amount of any of the following to an
amount below the minimum required in the Resource Lands - Plateau Zone
district.
a. Amount of dedicated Open Space;
b. The size of or change in the locations, lighting, or orientation of originally
approved signs;
c. Any zone district dimensions in Table 3-201.
IV. ADDITIONAL STAFF ANALYSIS
1. The original approval reflected in Permit Resolution Number 856613 was adopted
following the Limited Impact Review Procedures for a Water Impoundment, Material
Handling, Processing and Storage as outlined in the Land Use and Development Code
of 2013, as amended.
2. No changes to the general character of the facility are proposed.
3. The facility shall continue to be required to maintain compliance with all existing
standards and conditions of approval.
V. RECOMMENDATION
The Staff analysis supports a finding that the Application meets the criteria contained in
Section 4-106(C) for a Minor Modification. Section 4-106 (C) states that upon finding it a
minor modification the Director may approve, approve with conditions or deny the
amendment and provide written notice to the Applicant. It is recommended that all
conditions of approval found in the Land Use Change Permit recorded under Reception
Number 867980 remain in full force and effect. To this end, staff recommends approval
of the Minor Modification with the following conditions.
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1. That all representations of the Applicant contained in the Amendment Application
submittals including the revised site plan (attached as Exhibit 1) shall be conditions of
approval unless specifically amended or modified by the conditions contained herein.
2. All previous conditions of approval contained in the Land Use Change Permit
(reception number 867980), attached as Exhibit 2, shall remain in full force and effect.
3. The Applicant shall maintain compliance with all standards as required by the Land
Use and Development Code of 2013, as amended.
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Exhibit 1
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Exhibit 2
— 1.4)74K. EIVKLV9A!! 11111
Roception#: 56780
09/15.2ult C2 15 2z P0 Jean Pit.erLet
Of 6 Re: R.,e, SO CC Oac Fee 0 00 CrCTIFLD Ca:wry cc,
LAND USE CHANGE PERMIT
for
A Portion of a Parcel of Land Owned by WPX Energy Rocky Mountain, LLC
Located Northeast of the Town of Parachute Off U.S. Highway 6 and 24 in
Portions of Section 35 and 36, Township 7 South, Range 96, West of the 6th
P.M., Garfield County with a Project Area of Approximately 37.62 acres Within
an Overall 383.78 acre Property
(Assessor's Parcel No. 2171-363-00-007)
In accordance with and pursuant to provisior.s of the Garfield County Land Use and
Development Code of 2013, as amended, and a Resolution of Approval (Resolution
Number 2014-71) of the Board of County Commissioners of Garfield County, State of
Colorado, the following activity is hereby authorized by Land Use Change Permit:
WATER IMPOUNDMENT, MATERIAL HANDLING, PROCESSING AND
STORAGE (WATER MANAGEMENT FACILITY), ON A 37.62 ACRE PORTION
OF A 383.78 ACRE PROPERTY (L1PA-8048)
This Land Use Change Permit — Limited Impact Review is issued subject to conditions of
approval as set forth in Exhibit "B" and shall be valid only during compriance with such
conditions and other applicable provisions of the Garfield County Land Use and
Development Code, as amended, Building Code, and other regulations of the Board of
County Commissioners of Garfield County, Colorado.
ATTEST:
gAvt— IY7aatt,144
lerk of the Board
GARF1E ii-C-OUNlY BOARD OF COUNTY
COMM1 SIONERS, GARFIELD COUNTY,
COLO ADO /
Ch r d
1`, /
Date
Page 1 of 5
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IIA rommtirlgt IVICL:ktriNtith V:1E411111
Reception14: 06794e
o9$s6/7015 02 1522 PM JeAn ALberieo
2 el 5 Ree Fee 10 C3 Dcg. Fee 0 00 GARFIELD COUNTY CO
Exhibit A
(Project Site Plan)
10.272,1 111417.10,11 SUM 31111131,111,4
3400.1441 t. MIR nea
U.S. Highway 6 & 24
Water
Maaage7=
Facility
Page 2 of 5
10
WI VAPIVRiiIlikrirWPW/110';riiIM 11111
- RecAp i orAT CS7930
09/15,101S 02AS:2? PM Jean Alberto°
3 of i R.. reo:$0 00 Doc Fele-0 00 GARFIELD COUNTY CO
Pace 3 of F.
11
IV Era it Ine(i If I
Receptior; 867930
092CtS C 15 zz PM Joan Alberico
4 41 5 fi.c Fee,$0 00 Doc POO 0.60 ViRFIEW COI -PITY CO
Exhibit B
Conditions of Approval
Conditions Prior to Issuance
The Applicant shall demonstrate that all improvements have been made
to the access road which are consistent with the Secondary Access
standards outlined in Section 7-107. Demonstration that these
improvements are complete shall be submitted and reviewed by the
Garfield County contract engineer prior to issuance of the Land Use
Changc Permit.
2. The Applicant shall submit the new CDOT access permit once it is issued.
The new access permit shall be reviewed by the Garfield County contract
engineer prior to issuance of the Land Use Change Permit.
3. The Garfield County Community Development Department is authorized
to issue the Dewatering Operations Area Building Permit number BLCO.
8-14-3350 within 3 -days following signature of the Resolution of
Approval.
4. WPX Energy is authorized to conduct roadldrainagc improvements work,
access to Highway 6 improvements and grading for the Dewatering
Operations Arca Building, as dcscribcd in thc Applicant's submittal, prior
to issuance of the Ciarfield County Land Use Change Permit.
Other Conditions
5. That all representations made by the Applicant in the application shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners,
6. That the operation of thc Water Impoundment, Material Handling,
Processing and Storage facility shall be done in accordance with alt
applicable Federal, State, and local regulations governing the operation of
this type of facility.
7. The facility shalt maintain compliance with Storm Water Manageinent
Plan, Drainage and Grading Plans and Reclamation for the site.
8. The Applicant shall control fugitive dust during the operation of the site.
Page 4 of 5
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Rcpt o: 667960
CSJI5/2015 02.13 72 MI loan RIbarico
5 Of 5 Rec Fes40 CO Doc Fee 0.00 CPRAIEL0 COU1TY CO
9. The facility shall maintain compliance with Section 7-306 Lighting. with
all belting to be directed inward and downward toward thc interior of the
site. Facilities shall be painted a non -glare neutral color to lessen any
visual impacts.
10. The Applicant shall comply with the submitted Noxious Weed
Management Plan including the best management practices.
11. The hours of operation for the site shall be 24 hours per day. 7 days per
week.
12. No parking shall be permitted along the access road in order to ersure
adequate fire protection access.
13. A minimum of a 500 gallon fresh water cistern shall be maintained with
wate,- to supply the restroom facility. The water shall be provided by a
licensed water hauler.
Page 5 of 5
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