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HomeMy WebLinkAbout4-101.A Preapp SummaryArticle 4-101.A Preapplication Conference Summary Encana Oil & Gas (USA) Inc K19NE Storage Facility (Laydown Yard) OAProject No. 014-2797 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2179-193-00-128 DATE: 8/28/14 APPLICANT'S PLANNER: Lorne Prescott, Olsson Associates PROJECT: Encana K19NE Storage Yard OWNER: Encana Oil and Gas (USA) Inc. REPRESENTATIVE: Jason Eckman, Encana Oil and Gas (USA) Inc. PRACTICAL LOCATION: Approximately 1mile southeast of the Rifle City Limits, south of the Garfield County Airport, on private roads off of County Road 333, and generally located in Section 19, T6S, R92W. ZONING: Rural TYPE OF APPLICATION: Limited Impact Review for a Storage Facility I. GENERAL PROJECT DESCRIPTION The Applicant proposes the creation of a storage facility on an existing well pad. The site is fully developed with several wells in active production on the site. The proposal is to utilize the existing disturbed area with the potential to expand the storage area up to a total of 5.172 acres. The site is located on an overall parcel of approximately 88 acres. The existing well pad and disturbed area covers approximately half of the proposed 5.1 acres. Additional grading and related improvements will be required to expand the site. The site is currently covered by existing COGCC permits/forms with reclamation covered by an existing bond. Access roads to the site are in place and are gated. The potential for security fencing is still being considered and may be implemented for the site. The Applicant represents that the site is not located in a subdivision and given the location compatibility with adjacent land uses may be an important consideration. Existing improvements on the site include a tank area, pipelines, separator units, a communication tower and 6 well heads. Compatibility with the existing uses will need to be addressed in the storage facility application submittal. No water or sanitation facilities are anticipated and the proposal is to operate as an unmanned facility. Staff will access the site only intermittently to pick up equipment. The Rural Zoning for the property requires a Limited Impact Review Land Use Change Permit for the proposal. II. REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, as amended o Section 4-101, Common Review Procedures o Section 4-104, Limited Impact Review o Table 4--102, Common Review Procedures and Required Notice o Table 4-201, Application Submittal Requirements o Section 4-203, Description of Submittal Requirements o Table 3-403, Use Table — Storage o Section 7-1001, Industrial Use Standards o Article 15, Definitions, Storage o Section 4-118 (Waiver of Standards), Section 4-202 (Waiver of Submittal Requirements o Article VII, Standards — Divisions 1 and 2 and 3 as applicable -- including roadway standards • Colorado Department of Public Health and Environment Regulations Pertaining to Storm Water and Air Quality (site disturbance, construction, dust). • Safety provisions pertaining to emergency procedures. • Regulations on Noise and Nuisances • COGCC Reclamation and Re -vegetation Requirements • Demonstration of compliance with Section 7-107 Access and Roadway Standards including the Policy (01-14) related to submittal requirements and demonstration of compliance with Waiver Criteria for Roadway Waivers. III. REVIEW PROCESS 1. Pre -application Conference. 2. Preparation and Submittal of the Application. 3. Determination of Completeness — Provision of Additional Application Copies, and Distribution of Referrals. 4. Schedule Date for Board of County Commissioner's Public Hearing 5. Completion of Public Notice Requirements. 6. Staff Review -- Preparation of Staff Report 7. Board of County Commissioner's Public Hearing 8. Documentation of the Board's Action by Resolution - Approval, Approval with Conditions, or Denial 9. Applicant addresses any Conditions of Approval within one year of the Board's Decision. 10. Preparation of Land Use Change Permit as Appropriate. IV. APPLICABILITY OF STANDARDS AND WAIVER REQUESTS Should the Applicant chose to request waivers from submittal requirements or standards the Application submittals will need to clearly address the review criteria contained in Sections 4-118 and 2-202 in justifying the requests. The Applicant should consult with the Roadway Standards and Waiver Policy 01-14 regarding roadway and access issues (see attached) In lieu of waiver requests the Applicant should submit Water Supply Plans and Waste Water Plans to demonstrate the lack of demand for these services associated with the unmanned facility. Where waiver's from completion of fully developed plans are the intent of the waiver request the Application should still contain general information appropriate to demonstrate compliance with the waiver review criteria. The Application andlor waiver requests need to address screening requirements V. SUBMITTAL REQUIREMENTS An Application for an Administrative Review will also need to provide all standard application forms, agreement to pay form, a listing of all property owners (with addresses) within 200 ft., an excerpt from the Assessor's Office mapping showing the ownerships, a listing of any mineral rights owners on the subject property (with addresses), authorization to represent statements/letters, evidence of ownership such as a deed and/or lease agreements for the site. Other key elements of the submittal include vicinity map, site plan including details on the existing conditions and proposed use, grading and drainage plans, impact analysis, geologic hazards information, and traffic study. The areas of the site proposed for expansion will need to be addressed in the submittals including site plan and technical details (i.e. grading and drainage plans). VI. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: c. Referral Agencies: _ Director's Decision (with notice) Planning Commission X Board of County Commissioners Board of Adjustment May include but not limited to Garfield County Road and Bridge Department, Fire Protection Districts, Garfield County Environmental Health Manager, Garfield County Vegetation Manager, Garfield County Consulting Engineer, CDPHE, COGCC, and City of Rifle. VII. APPLICATION REVIEW FEES a. Planning Review Fees: $ 400 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 400 (additional hours are billed at $40.50 /hour) 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: /2/L - Glenn Hartmann, Senior Planner Da Policy 01-14 Waivers for Roads and Demonstration of Compliance March 3, 2014 Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting property, excluding a driveway accessing a single property." The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as defined in Table 7-107. The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). In applications that include roads that do not meet current County road standards as outlined in Table 7-107, the County has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequate for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: Geometry of the road A description of how the private road does/does not meet the design standards in Table 7-107. This should include a chart that compares the private road design to those standards in Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7-107 design standards. Unless available, this is not intended to imply construction - level drawings. Safety/Structural Issues A description of obvious safety and/or structural issues observed and a statement about how these issues will be addressed. Maintenance A description of how the road is and/or will be maintained. This should be supported with the submittal of any existing or proposed maintenance agreements for the road sections. Travel Demand An accurate count of the existing peak travel demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Compliance. In addition, Sections 7-I07.A, B, C, D, and E are required to be addressed, which includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate compliance with these sections of the Code. A. Section 4-104 Limited Impact Approximately 3 months If submittal is complete PE Garfreld County Limited Impact Review Process (Section 4-104) 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 al— Step 4! `a:lle:lLlle :Ie'c!rI••i: grid Prowide Notice • Published, posted, and mailed to adjacent property owners within 200 feetand mineral owners at least 30 days but no more than 60 days prior to BOCC public hearing • 21 day comment period tep 6: Evalution by Director Step 7: BOCC Decision • Applicant has 1 year to meet any conditions of approval