HomeMy WebLinkAbout2 Exhibits A - ZI\
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'· EXHIBIT
··,.:-STATE OF ())1.Dfuro ) I ':D
) SS.
County of Garfield )
At a regular meeting of the Board of County c.anmissioners
for Garfield County, C.olorado, held at the Court House in Glenw::>od Springs on
Monday , t h e _24th day of May ·
A.O. 19 821 there ~~e~nt: ~/ ·--· --« -. (// -~-/tt ·r'c,,u,·· ~, · _.:L-t.c,_ ,.. ·Ccxnmissioner Chariman
( Eu ·ene Drink ouse , Canrnissioner
arry , Cormnissioner
Earl Rhodes , CoLmty Attorney
Leanne Cleland, Deputy , Clerk of the Boar-d
when the follqwi03 pr-oceedings, arrorg o thers ~re ha:'.! arrl done, to-wit:
RESOLlJI'ION N). 82 -121
A RESOLITTIOO ())NCERNED wrrn PJ?PRfNAf_; OF A M)[)ffICATION TO THE PLANNED UNIT
peyEWPMENT PLAN OF THE BA'ITLFJ1ENT MESA pr.ANNED QNIT DWEU)pM£N'r.
Wl:IERFAS, Battlerrent Mesa, Inc. has f iled. a petition with the Board of County
Conmissioners of Garfield County to nodify the Planned Unit Development Plan of the
Battlement Mesa Planned Unit Develop-rent; am
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WHERF..AS, a public hearing was held b y this Board on April 19, 1982 ard
contin~ to May 3, 1982; arrl
WHEREAS, based on the evidence, tes t im:my, exhibits, study of the Canprehensive
Plan for the unincoq:oratoo area of the County, canrrents of the Garfield CoLmty
Planning Department, corrrnents of public officals and agencies, and o:mnents fran
all interestoo parties, this Board find s as follows:
1. That proper r-osting, publication, ard ;public notice was = provided as·
requiroo by law for the hearirK] before the Board; ,·
2. 'Ihat _the h~aring b=fore the Board was extensiv~ and complete, that_ all ,
~rtinent facts, mattern arrl issues v.ere submitta:t' arrl that 'all 'lnteteste:J parties ·
were heard at that hearing; · · · · · ·. ~ · · ·
3. 'Ihat the Garfield County Planni"ng Commission has rec:cmrrierdEkl tp this ,Board
that the 1 equesta::'I m:xlification of the Planned Unit Developrrent Plan~ Be·· granted~
4. That the pr-or:osed zoning is in canpliance with th~ r~ooations ,set :
forth in the canpr-ehensive Plan for the unincorporated .area bf ttie county; ·: ·_ ..
5. '!hat the prop;::>sed lard use wil l be canpatible with existing arrl ~iriittt~
larrl uses . in the nearby-area; ·, · . . ·
6 •. That for the above-stated arrl other reasons, the ptoposed'-·rrodification of
the Planned Unit Developirent Plan is in the best interest of tne· health, safety;
m:::>rals, convenience, order, pr:-osperity and W:lfare of the citizens of Garfield
County;
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Na-J, 'IHEREFORE, BE IT RESOLVED by t he Board of County Corranissioners of Garfield
County, Colorado that the petition of Ba ttlement Mesa, Inc. for a m:xlification of
the Planned Unit Developnent Plan of the Battlement Mesa Planned Unit development
for the followirg describe:l unincoq:ora ted area of Garfield County be arrl hereby is
granted and approved subject to the fo l l owing conditions:
LEX;AL DESCRIPTION: EXHIBIT A attached
1. 'l'hat the Battlement Mesa Planned Unit Development shall ronsist of the
following zonirg districts, the boundar i es of ~idl shall be in<licated ui:nn final
plat of Battlement Mesa Planned Unit Development, or various final plats thereof,
whidl districts shall be identified as f ollows:
SEE EXHIBITS B (TEXT) AND C (MAP) ATI'AOIED
2. All resolutions or parts thereof, inconsistent herewith, are hereby
repealed to the extent only of such inronsistency. 'Ihis repealer shall not te
construed as revivirg any resolution o f part thereof.
ATI'E..ST:
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OOARD OF {))lJNIY ())MMISSIONERS
GARFIELD COUN'IY, ())LORAIX)
ui.:on motion duly made and seconderl the foregoing Resolution was cdopted by the
following vote:
Flaven J. Cerise Aye
------~------~--~--------~ ~E_u_.,.&~e_n_e __ D~r_i_n_k_h_o_u __ s_e ____ ~ ____ Aye
__,L~a==r~r~v~V~e~l=-=a~s~q~u~e~z;;!_~--~~~Aye
Canmissioners
STP>rE OF {))LORA.IX), )
)SS.
County of Garfield )
I, , County Clerk and ex-officio Clerk of the
Board of County Canm1ss1oners in arrl f or the County and State aforesaid do hereby
certify that the annexed and foreqoing Order is truly copied fran the Records of
the proceedings of the Poard of County Carunissioners for said Garfield County, now
in my office.
IN WI'INESS w-IEREDF, I have hereunt o set my harrl and affixed the seal of said
County, at Glen\-.000 Springs, this day of A.D. 19
County Cl erk and ex-officio Clerk of the
Poard o f County Canmissioners
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EXHIBIT "t."
REVISED PROPERTY DESCRIPTION
FOR
BATTLEMENT MESA PLANNED UNIT DEVELOPMENT
April 15, 1982
A parcel of land lying in Sections 5, 6 , 7, 8, 9, 10, 16, 17 1 18, and 19,
Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South,
Range 96 West, of the Sixth Principal Me ridian. County of Garfield, State of
Colorado, more particularly described as follows:
Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range
95 West;
Thence along the East line of Section 5, S 00° 15' 43" W a distance of
1628.34 feet, to the SE Corner of the N 1/2, NE l/4, SE 1/4, SE 1/4 of
Sa i d Section 5 ;
Thence along the South line of the N 1/2, NE 1/4, SE 1/4, SE 1/4,
N 87° 19' ~O" W a distance of 664.56 feet, to the SW Corner of said
N 1/2, NE 1/4, SE 1/4, SE 1/4;
Thence along the West line of the·N 1/2, NE 1/4, SE 1/4, SE 1/4 of
Section 5, N 00°-23' 16" Ea distan ce of 324.34 feet, to the NW
Corner of said NE 1/4, SE 1/4, SE 1/4;
Thence along the North line of the SE 1/4, SE 1/4 of said Section 5,
N 87° 26' 14" W a distance of 663.7 9 feet, to the NW Corner of said
.Sf 1/4, SE 1/4;
Thence along the West line of SE 1/4 , SE 1/4 of said Section 5,
S 00° 30' 52" W a distance\of 1292.05 feet, to the SW Corner of said
SE 1/4, SE 1/4;
Thence along the South line of said Section 5, S 86° 59' 25" Ea distance
of 1333.74 feet, to the SE Corner o f said Section 5; ·
Thence along the North line of Sect i on 9, Township 7 South, Range 95 West,
S 87° 59' 43" Ea distance of 1326 .3 7 feet, to the NE Corner of the
NW 1/4, NW 1/4 of said Section 9;
Then ce along the East line of the NW 1/4, N~ 1/4 of said Section 9,
S 01° 02 ' 26" W a distance of 1301.45 feet, to the SE Corner of Said NW 1/4;
NW 1I4;
Thence along the North line of the SE 1/4, NW l/4 of said Section 9,
S 88° 02' 23" Ea distance of 1324.35 feet, to the~[ Corner · of said
SE l I 4 , NW 1I4 ;
Thence along the North line of the SW 1/4, NE 1/4 of said Section 9,
S 88° 35' 51" Ea distance of 1275.60 feet, to the NE Corner of said
SW 1/4, NE 1/4;
Thence along the West line of the N£ 1/4, NE 1/4 of said Section 9,
N 01° 04' 15" fa distance of 1311.84 feet, to the NW corner of said
NE 1/4, NE 1/4;
Thence along the North line of said Section 9, S 89° 06' 43" Ea distance
of 1274.26 feet, to the NE corner of said Section 9;
Thence along the East line of said Section 9, S 01 ° 00' 49" W a distance
of 1323.29 feet, to the SE corner of the NE 1/4, NE 1/4, of said Section 9;
Thence along the North line of the SW 1/4, NW 1/4 of Section 10, Township 7
South, Range 95 West, S 88° 46' 55" Ea distance of 631.29 feet, to a point
on the Horth line of the !>aid SW l/4 , ~W 1/4, 687 feet West of the NE
corner of said SW 1/4, NW 1/4, said point being the Northwest corner of that
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parcel o f land described in Document Number 198564 as recorded in
Book 302 , at Page 200 of the re co r ds of the Clerk and Recorder of
Ga rfi e 1 d County;
Thence along the boundary of sa i d parcel the following five (5)
courses:
(1) S 00° 49' 34 '' W a distance of 221.67 feet;
{2} S 48° 09' 56" Ea dis t ance of 361.92 to a point
456.00 feet, as measu r ed at right angles, southerly from
the North line of the Southwest 1/4, Northwest 1/4 of said
.Section 10;
{3) S 89° 17' 47" E a distance of 166.55 feet;
{4) S 00° 49' 34" W a distance of 201.43 feet;
(5) S 89° 17' 47" Ea dis t ance of 246.37 feet;
to a ~oint on the East line of s aid SW 1/4, NW 1/4. 655 feet South
of the Northeast Corner of said SW 1/4, NW 1/4;
Thence departing said parcel bo undary along the East line of the
SW 1/4, NW l/4 of said Section 10, S 00° 54' 36" W a distance of
667.20 feet, to the SE corner o f said SW 1/4, NW 1/4;
Thence along the East line of t he NW 1/4, SW 1/4 of said Section 10,
S 00° 54' 38" W a distance of 1 315.ll feet, to the SE corner of said
NW l I 4 , SW l I 4;
Thence along the South line of t he NW 1/4, SW 1/4 of said Section 10,
N '89° 11' 04" W a dist~ance of 1323.06 feet, to the SW corner of said
NW 1/4, SW 1/4;
Thence along the South line of t he N 1/2, SE 1/4 of Section 9 ,
Township 7 South, Range 95 West N 87° 19' ll" W ~ distance of
2557.45 feet, to the SW corner of said N 1/2, SE 1/4;
Thence along the South line of t he N 1/2, SW 1/4 of Section 9,
N 88° 38' 08" W a distance of 2654.44 feet to the SW corner of said
N 1/2, SW 1/4; .
Thence along the South line of t he NE 1/4, SE 1/4 of Section 8, Township
7 South, Range 95 West, N 88° 43' 49" W a distance of 1331. 33 feet to the
SW corner of said NE 1/4, SE 1/4 of Section 8;
Thence along the West line of th e SE 1/4, SE 1/4 of .Section 8,
S 01° 20' 14" W a distance of 1316 .23 feet to the SW corner of
said SE 1/4·, SE 1/4 of Section 8 ;
Thence along the East line of t he W 1/2, NE 1/4 of Section 17,
S 01° 00' 57" W a distance of 26 39.16 feet, to the SE corner of said
W 1/2, NE 1/4 of Section 17;
lllence along the North line of th e NE 1/4, SE 1/4 of Section 17,
S 88° 46' 04" Ea distance of 1 32 4.13 feet, to the E 1/4 corner of
Section 17;
Thence along the Easterly line of the NE 1/4, SE 1/4 of Section 17,
S 01° 01' 24" W a distance of 1320. 50 feet, to the SE corner of the
NE 1/4, SE 1/4, of Section 17 .;
Thence along the North line of th e SW 1/4, SW l/4 of Section 16,
Township 7 South, Range 95 West , S 87° 41' 13" Ea distance of
1330.94 feet, to the NE corner of said SW 1/4, SW 1/4;
Thence along the East line of the SW 1/4, SW 1/4 of Section 16,
S Ol 0 03' 30" W a distance of 1 32 2.00 feet to the SE corner of said
SW 1/4, SW 1/4;
Thence along the South line of s aid Section 16 N 87° 37' 18" W a distance
of 1330.20 f€et, to the SW corne r of said Section 16;
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Thence along the South line of Sec t ion 17, Township 7 South, Rnage 95 West
N 88° 44' 01" W a distance of 1984 .49 feet. to th e SW corner of the
E 1/2 1 SW 1/4 1 SE 1/4;
Thence along the West line of the E 1/2, SW 1/4, SE 1/4, N 00°59'11" E·;
a distance of 1319.91 feet, to the NW corner of said E 1/2. SW 1/4. SE 1/4;
Thence along the South line of the NW 1/4. SE l/4 of said Section 17.
N 88° 45' 02 " W a distance of 661.78 feet, to the SW corner of said NW l/4,
SE 1/4;
Thence along the South line of the NE 1/4. SW 1/4. N 88° 45' 02" W a
distance of 1158.58 feet, to a poin t 10 rods fast of the SW corner of
Said NE 1/4, SW 1/4;
Thence N 01° 03' 04" Ea distance of 131.93 feet;
Thence N 88° 43' 44" W a distance of 165.63 feet;
Thence N 00° 55' 58" E a distance of 527.66 feet, along the West line of
the NE 1/4, SW 1/4 to the NE corner of the S 1/2, NW 1/4, SW 1/4;
Thence N 88° 45' 33" W 1324.42 feet to the NE corner of the E 1/2, SE 1/4,
NE 1/4, SE 1/4 of Section 18, Towns hip 7 South, Range 95 West;
Thence along the North line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said
Section 18, N 88° 24' 33" W a dista nce of 329.86 feet, to the NW corner
of said East 1/2, SE 1/4, NE 1/4, S E 1/4;
Thence a l o. n g the We s t l i n e o f t he E 1 I 2 , SE l I 4 , NE l / 4 , S E 1 / 4 o f s a i d
Section 18, S 00° 53' 57" W a dista nce of 659.61 feet to the SH corner
of said E 1/2, SE 1/4, NE 1/4, SE 1/4;
Thence along the South line of the NE 1/4, SE 1/4 of said Section 18.
N 88° 26' 07" W a distanc~of 989.8 4 feet to the SW corner of said
NE 1/4, SE 1/4; .
Thence along the East line of the SW 1/4 , SE 1/4, of ·said Section 18,
S 00° 55' 21" Wa-distance of 1320.4 6 feet, to the SE corner of said
SW 1/4, SE 1/4;
Thence along the East line of the W 1/2, NE l/4 of Section 19,
Township 7 South, Range 95 West, S 01 ° 06' 34" W a distance of 2642.08
feet, to the SE corner of said W 1/2, NE 1/4;
Thence along the South line of the NE 1/4 of Section 19, N 88°41'12" W
a distance of 1329.89 feet, to the SW corner of said NE 1/4;
Thence continuing Westerly along th e South line of the NW 1/4 of said
Section 19, N 88° 41' 12" 2570.38 f e et to the SW corner of said NW 1/4
of Section 19 ;,
Thence continuing Westerly along th e South line of the NE 1/4 of
Section 24, Township 7 South, Range 96 West, N 89° 32' 43" W a distance of
2673.12 feet to the SW corner of sa i d NE 1/4;
Thence along the West line of Sai'd NE 1/4, N 00° 23' 55" W 1023.06 feet;
Thence N 01° 25' 42" E 229.68 feet ;
Thence N 66° 11' 04" W 236.83 feet ;
Thence N 34° 29' 42" E 1613.03 feet ;
Thence N 88° 52' 30" W 202.82 feet ;
Thence N 00° 00' 00" E 461.13 feet ;
Thence N 81° 10' 00" W 955.94 feet to the centerline of the Colorado River;
Thence along said center the follow i ng courses and distances;
N 26° 28' 25" E 2 32.98 feet;.
N 30° 21 ' 25" E 206.15 feet;
N 35 ° 25' 25" E 644.58 feet;
N 29° 17' 25" E 8 2 9.38 feet;
ti 40° 24' 25" E 99.86 feet;
N 36° 27' 25 " E 1 50.05 feet;
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N 34° 54 1 25" E 163.27 feet;
N 31° 12' 21" E 266.75 feet;
N 50° 36' 25" E 686.79 feet;
N 72° 23' 50" E 390.96 feet;
N 76° 17' 12" E 15 1.22 feet;
N 77° 41' 27" E 463 .54 feet;
N 79° 53' 07" E 2 8 1.99 feet;
N 79° Ol' 50" E 8 7.91 feet;
N 62° 57' 39" E 25 7.89 . feet;
N 27° 17' 27" E 31 2.44 feet;
N 40° 46' 59" E 12 6.43 feet;
N 24° 17' 40" E 1 97.27 feet;
N 32° 26' 39" E 124.13 feet;
N 60° 01' 18" E 1 0 9.42 feet;
N 74° 02' 49" E 2 2 6.07 feet;
N 78° 19' 08" E 1 54 .17 feet;
N 50° 40' 20" E ·4 4 4_~6 feet;
N 35° 52' 21" E 149.32. feet;
N 26° 41' 02" E 15 0.34 feet;
N 14° 13' 25" E 5 11.69 feet;
N 24 ° 54' 48" E 24 1. 07 feet;
N 14° 40' 02" E 996.76 feet;
N 04° 23' 25" W 2 74.60 feet;
N 08° 35' Q4" E 2 15.19 feet;
N 20° 08' 11" E 79.88 feet;
N 32° 27' 48" E 71.69 feet;
Thence leaving said Colorado River centerline S 81° 08' 11" E 526.15 feet;
Thence North 01° 04' 10" East a distance of 485 .22 feet;
Thence South 88° 24' 36" East a dist a nce of 83.00 feet;
Thence North 53° 18' 25" East a distance of 635 .50 feet to the
southerly Right-Of-Way of the ex isting County Road;
Thence along said Right-Of-Way Sout h 43° 14' ll" East a distance
of 55. 74 feet;
Thence continuing along said Right-O f -Way South 34° 04' 07" East
107.02 feet;
Thence continuing along said Right -Of -Way South 15° 35' 44" East
66.56 feet;
Thence North 72° 19' 16" West a dista nce of 13 .56 feet;
Thence South 79° 47' 18" West a dista nce of 24 .89 feet;
Thence South 37° 23' 26" West a dist a nce of 100.52 feet;
Thence South 06° 07 1 27" West a dist a nce of 83.52 feet;
Thence North 88° 48' 43" East a dist a nce of 85.28 feet to the
westerly Right-Of-Way of the existing County Road;
Thence along said Right-Of-Way the f o llowing courses and distances;
South l 0° 11' l O" East a dis ta ne e of 50. 84 feet;
Thence 244.26 feet along the arc of a curve to the left having a
radius of 1611.94 feet, the cho r d of said turve bears
South 02° 50' 01" East a distan ce of 244.03 feet;
Thence 331.22 feet along the arc of a curve to the left having a
radius of 270 ~10 feet the chord of said curve bears
South 42° 18' 20" East 310.85 feet;
Thence South 77° 25' 36" East a dist a nce of 249.91 feet;
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Thence South 82° 00' 16" East 14 2 .25 feet;
Thence leaving said County Road Right-Of -Way North 13° 52' 58" East
a distance of 60.00 feet;
Thence South 76° 07' 01" East a di s tance of 196.00 feet;
Thence S~uth 66° 03' 01 II East a di s tance of 92.80 feet;
Thence North 64° 50' 00" East a di s tance of 12. 2d feet;
Thence South 86° 44' 06" East a di s tance of 201.00 feet;
Thence Nor~h 01° 36' 29" fast a di s tance of 650.00 feet;
Thence North 86° 44' 01" West a di s tance of 359.65 feet;
Thence North 01 ° 36' 06" fast a di s tance of 469.21 feet;
Thence North 01° 32' 15" fast a di s tance of 568.40 feet;
Thence North 01 ° 39' 14 II fast a di s tance of 355.62 feet;
Thence North 85° 54' 03" West a di s tance of 597 .54 feet to the cente r line .. of the Colorado River;
Thence al9ng said centerline the f o llowing courses and distances:
N 30° 34' 03" E 126.48 feet;
·N 11 0 14 I 23" E 262.86 feet; !~~ N 03° 21' 52" E 244.98 feet;
N 06° 43' 43" E 149.36 feet;
N ago 50' 22" w 130 .18 feet;
N 15° 4 4. 44" w 24 9. 17 feet;
N 23° 23' 56" E 5 95.97 feet;
N 29° 30'. 40"
~ E 146.50 feet;
N 4 3° 21' 22" E 437.13 feet;
N 53° 22' 38" E 51 7 .59 feet;
N 60° 37' 24" E 6 39.69 feet;
N 58° 44' 59" E 24 2. 35 feet;
N 68° 18' 39" E 236.76 f eet;
N 74 ° 06' 42" E 340.87 feet;
N 86° 52' 08" E 446 _.6£ feet ;
N 88° 43' 46" E 270.50 feet;
s 83° 05' 32" E 198.26 feet;
N 78° 27' 53" E 6_18.98 feet;
N 76° 29' 45" E 483.05 feet;
N 4 go 07' 36" E 593.26 feet;
Thence leaving said Colorado River centerline S 87° 53' 17" E
EXCEPT] NG
a distance of 2282.68 feet along the North line of the SE 1/4 of said
Section 5, Township 7 South, Range 95 West of the Sixth Principal
Meridian to the point of begi nn ing and containing 3231.348 acres,
more or less.
A parcel of land located in Section 18, Township 7 South, Range 95 West
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of the Sixth Principal Meridian and more particularly described as follows;
Beginning at a point whence a Burea u of Reclamation Brass Cap
monumenting the West 1/4 corner of said Section 18 bears N ·aa 0 23' 00" \~est
777. 00 feet;
Thence North 17° 37' 00" East 180 .00 feet;
Thence South 88° 23' 00" East 457.16 feet;
Thence South 24° 50' 39" West 188. 29 feet;
Thence North 88° 23' 52" West 432. 52 feet to the point of beginning
and containing l .767 acres more or less.
ALSO . fXCEPTif'IG
A parcel of la.nd located in the E 1/2, NE 1/4 of Section 9, Township
7 South, Range 95 West of the Sixth Principal Meridian lying South of the
centerline of the existing County Road which bisects said E 1/2, NE 1/4 being
more fully described as follows.
Beginning at the South West c orner of the E 1/2, NE 1/4 of said
Sect ion 9;
Thence North 0~0 04' 15 " East 1326.43.feet .t.o ... the .center
line of the existing County Road;
Thence along said cente r line the following courses
South 88° 05' 38" East 606.75 f e et;
Thence 173.76 feet alon g the arc of a curve to the left
having a central angle of 36° 50' 00", a radius of 270.29 feet, and
a chord that bears North 73° 13' 4 9" East 170.52 feet;
Thence North 54° 33' 16 " East 112.11 feet;
Thence 266 .93 feet alon g the arc of a curve to the right
having a central angle of 79° 30' 00" , a radius of 192.38 feet, and
a chord that bears South 79° 26' 03" East 222.24 feet;
Thence South 54° 46' 19 " East 238.44 feet;
Thence leaving said roa d centerline South 01° 00' 49" West
1284.83 feet, along the East line of said E 1/2, NE 1/4 to the
SE corner of said E 1/2, NE 1/4;
Thence North 88° 05 1 03 11 West 1277.04 feet along the South
line of said E 1/2. NE 1/4 to the point of beginning and containing
39.926 acres more or less.
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~ ':.: EXHIBIT "B "
. BATrLEMENT MESA PLANNED UNIT DEVEWPMENT
DISTRICT REGUIATIONS
The larrl use districts within the Battlement Mesa Planned Unit Development
shall be governed in conformity with the followirg regulations:
1.0 RDR -Rural Density Residential
1.1 Uses, by right: Detached sirgle-family dwellings and customary accessory
uses, includ.103 buildings for shelter or enclosure of animals or proi;:erty
accessory to use of the lot for single-fC111ily residential purposes and
. fences, hedges, gardens, walks, arrl siinilar landscai;:e features; park.
1.2 Uses, OJnditional: Church; school, ccmnunity building, day ·nursery, fire
station, ctrrl other public uses.
" 1 • 3 Uses, special: .Extraction arrl processing of natural resources.
1.4 Intensity of Use: A maximun of 1.0 dwelliflJ unit p:r gross acre.
1.5 Minimum !Dt Area: 12,500 square feet.
1.6 Maximum Site Coverage: For detached sirgle-family dwellings, without
canrron area as part of the. plat at time of subdivision, not nore than 45%
of each lot shall be coveroo by buildings arrl parking areas.
For detached single-family dwelli03s with a:mron cpen area as part of the
plat at tine of subdivision, not rrore than 50% of the plattoo area shall be
OJvered by buildirgs, parkirg areas, and private streets.
1 • 7 Minimum Setbacks:
(1) Front Yard:
(a) Arterial or Collector Streets:
(11) No residential stru ctures shall front on an arterial or
collector street.
(b)
{21) 'For all other uses, 100 feet fran street centerline or
50 feet fran front l ot line, whichever is greater.
IDcal Streets:
( 11) For residential structures 50 feet from street centerline
or 25 feet fran front lot line, W:lichever is greater.
(21) For all other uses, 65 feet fran street centerline or
40 feet fran front lot line, M'lichever is greater.
(2) Rear Yard: 20 feet fran rear lot line.
(3) Side Yard: 10 feet fran side l ot line. On comer lots, the side yard
shall be 25 feet when autonobile access is taken across the side yard;
the side yard shall be 15 feet when no autonobile access is taken
across the side yard.
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. ' 1.8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at
the center of the building.
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1.9 Minimum Off-Street Parking:
(1) 'IV.o spaces per dwellin:? unit.
(2) For all other uses: see suwlerrentary Regulations (Section 10.6).
1. 10 Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplementary Regulations} arrl Section 11.0 (Modifications of
Subdivision Regulations).
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2.0 UJR -IDw Density Residential
2.1 Uses, by right: ~tached sirgle-fam ily dwellings arrl attached
s1ngle-fanu.ly dwellir~s (either townhouses or zero-lot-line rouses) and
customary accesrory uses, including buildings for shelter or enclosure of
animals or property accessory to use of the lot for single-family
residential purposes and fences, herlges, gardens~ walks, arrl similar
larrlscape features; park.
2.2 Uses, corrlitional: Church, school, canmunity building, day nursery, fire
station, arrl other public uses. '
2.3 Uses, special: Extraction arrl processing of natural resources.
2.4 Intensity of Use: A maxi.mun of 5.0 dwellinJ units p:r qroos acre.
2.5 MinimLin lot Area:
( 1) For single-~amily detached dWel lings, 7 ,500 square feet.
(2) For townhouse attached single-family dwellings, 2,200 square feet.
(3) For zero-lot-line attached single-family dwellings, 4,000 square feet.
2.6 Maximum Site Coverage: For detached arrl attached single-family dwellings
withOut comrron area as part. of the pl at at ti.me of subdivision, not nore
• than 60% of each lot shall be covered by buildings arrl parking areas. -
For detached and attached sin:Jle-family dwellings with camon open area as
part of the plat at tine of subdivision~ not rrore than 70% of the platted
area shall be covered by buildings, parking areas, arrl private streets.
2.7 Minimum Setbacks:
( 1) Front Yard
(a)
(b)
(c)
For single-family detached dwellin:Js
( 11) Arterial or Collector Streets: no structure shal+ front
on an arterial or collector street.
( 21) Local Streets: 50 feet from street centerline of 25 feet
fran lot line, whichever is greater.
For zero-lot-line arrl townhouse attached sin:Jle-family dwellings
( 11 ) Arterial or collector street: no iot shall front on an
arterial or collector street.
(21) Local streets: 25 feet from the front lot line, if there
is a front-faci03 garage; or no setback if there is a side-
facing garage or at l e ast 25 feet of cornron open space
betv.een the curb line arrl the lot line.
For all other uses
(11) Arterial or ·coilector street: 100 feet from street
centerline or 50 feet f ran front lot line, whichever is
greater.
(21 ) Local streets: 65 fee t from street centerline or 40 feet
fran front lot line, whichever is greater.
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(2) Rear Yard:
(a) For single-family detached dwellings 15 feet fran rear lot line.
(b) For zero-lot-line arrl townhouse attached sirqle-family
dwellirqs
(1 1 ) 10 feet fran rear lot line if no alleys or rear utility
eas~nts are provided.
(2 1 ) No rear yard is requi red where alleys or utility easements
are provided arrl no autonobile access is allowed.
( 3 1 ) Where autarobile access is taken:
(al) 25 foot setback ~ere there is a rear-facing garage.
( b 1 ) No setback for a side-facing garage.
( c 1 ) No setback if there is at least 25 feet of a::xnrron
open spare bet~en the alley paverrent arrl the lot
line.
(c) tor all other uses: 25 feet when adjacent to residential uses or
10 feet when not crljacent to residential uses.
(3) Side Yard:
(a) For single-family detached 6 feet fran side lot line. en corner
lots, the side yard shall be 25 feet when autOllDbile access is
taken across the side yard;· the side yard shall be 15 feet when
n::> autom::>bile access is taken across the side yard.
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(b) For zero-lot-line dwellinJs 10 feet on one lot line arrl no set-
back on tre cpposite lot line. N::> accessory buildings shall be
permitted within the required side yard.
(c) For townhouse attached sirqle-family dwellings no side yards are
required except for oorner lot oonditions. On corner lots, the
side yard shall be 25 feet when autonobile access is taken acroos
the side yard; the side yard shall be 15 feet when no autorrobile
access is taken acroos the side yard.
(d) For all other uses: 10 feet fran a side lot line or 25 feet for
a side yard on a c:orner lot.
2.8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at
the center of the bi.ulding.
2.9 Minimum Off-Street Parking:
( 1) For single-family detached dwellings two spaces per rnit.
(2) For townhouse and zero-lot-line attached single-family dwellings t\'.U
spaces per dwelling unit arrl 1/2 visitor space provided on the lot or
in cannon canmunity open space or a combination thereof.
( 3) For multiple-family dwellings one arrl one-half spaces per dwelling
unit.
(4) For all other uses: see Supplementary Regulations (Section 10.6).
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2.10 Additional Requirements: All uses shall be subject to the provisions tmder
section 10.0 (Supplementary Regulations) and Section 11.0 (M:)difications of
Subdivision Regulations).
( 1) For zero-lot-line dwellings, a minimum maintenance easarent of 3 feet
shall te provided on the side yard for the adjacent lot.
{ 2) No J.X>rtion of any building shall extend teyond lot lines or into
public easem:nts or public rights-of-way.
( 3) For zero-lot-line arrl townhouse dwellings rn wiroows ·or cpeni03s shall
be allowed in a wall abuttirg a 'property line that faces into an
adjoining lot.
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3.0 MDR -Medium Density Residential
3.1 Uses, by right: Single-family detached dwellings, attached single-family
dwellings (either townhouses or zero lot line houses), two-family a.rrl
multiple-family dwellirV;Js, arrl customary accessory uses includin:J buildin:Js
for shelter or enclosure of animals or property accesrocy to use of too lot
for residential purposes arrl fences, hedges, gardens, walks, arrl similar
landscape features; park.
3.2 Uses, conditional: Church, sch::>ol, a:mnunity building, day nursery, fire
station, arrl other public uses.
3.3 Uses, special: Extraction arrl processin:J of natural resources.
3.4 Intensity of Use: A maximum of 12.0 dwellirg units per gross ocre.
3 • 5 Minimum Lot Area: , .
( 1) 600 square feet for townhouse, attached s~le-family dwellin:JS.
( 2) 2,000 square feet for zero-lot-line, attached single-family
dwellings.
(3) 7,500 square feet for sifV;Jle-family detached dwellings arrl
t.....o-family dwellings.
(4) 9,000 square feet fo'r rrultiple-family dwellin:Js~
3.6 Maximum Site Coverage:
( 1) For single-faIJtily detached dwellin:JS, attached single-family dwellin:Js
arrl t\o.0-family dwellings without canrron open area as part of tre plat
at time of subdivision, rrt nore than 70% of each lot shall be <X)llered
by buildings, drives arrl parking areas.
For single-family detached dwellings, attached sirgle~family dwellings
arrl t.....o-family dwellings with camon open area as part of the plat at
time of subdivision, not nore than 80% of the platted area shall be
covered by buildings, parkirg areas arrl streets.
(2) For multiple-family dwellin;rs, not rrore than 75% of the platted area
at the tine of subdivision shall be covered by buildings, paikiOJ and
private streets.
(3) A lot shall not l::e limited to one principal structure provided:
(a) ~e uses of each structure shall be allowed within the appliccble
zone district.
(b) 'Ihe total accurrulated improvements do not exceed the maximum site
c6verage nor violate any other requirerrents of the zone district •
(c) The entire lot remains under one ownership.
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' 3.7 Minimum Setbacks:
( 1 ) Front Yard:
(a)
(b)
(c)
(d)
For single-family detached dwellings ard two-family dwellings
( 11} Arterial or Collector Streets: no structure shall front
on arterial or collector street.
(2 1) IDcal Streets: 50 feet fran street centerline or 25 feet
fran lot line, whiche ver is greater.
For nultiple-family dwell i ngs
(1 1) Arterial Streets: 100 feet fran street ~nterline or 50
feet fran front lot l ine, whichever is greater;
(2 1) Collector Streets: 90 feet fran street centerline or 50
feet fran front lot l ine, whichever is greater.
(3 1) Local Streets: 50 feet fran street centerline or 25 feet
fran front lot line, whichever is greater;
for zero-lot-line arrl townhouse, attached single-family dwellings
{ 11 ) No lot shall front on an arterial or rollector street.
(2 1) Local streets: 25 feet fran the front lot line, if there
is a front-faci.rg garage; or no setback if there is a side-
f acing garage or at l east 25 feet of ccmron cpen space ·
between the curl> line and the lot line.
For all other uses
( 11) Arterial Street: 100 feet fran street centerline or 50
feet fran lc;:>t line, whichever is greater.
(2 1) Collector Street: 90 feet fran street centerline or 50
feet fran lot line, v.bichever is greater.
(3 1) IDcal Streets: 65 feet from street centerline or 40 feet
fran front lot line, whichever is greater.
(2) Rear Yard:
(a) For single-family detached dwellir~s, tw:>-family dwellings arrl
multiple-family dwellings 15 feet fran rear lot line.
(b)
( c)
For zero-lot-line and townhouse attached single-family dwellings:
(1 1) 10 feet fran rear lot line if ro alleys or rear utility
easerrents are provided. ·
(2 1 ) .lib rear yard is requi red where alleys or utility
easerrents are provided arrl no autorrobile access is allowed.
( 3 1) Where autarobile access is taken:
----ta 1 ) 25 fcx:>t setback where there is a rear-facing garage·.
(b 1) No setbacks for a side-facing qarage.
( c 1 ) No setbacks if there is at least 25 feet of canrron
open space between the alley paverrent arrl the lot line.
For all other uses: 25 feet when crljacent to residential uses or
10 feet when not adjacent to residential uses.
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( 3} Side Yard:
(a) For single-family detached , two-family and multiple-family
d we llir~s 6 feet fran side lot line. en comer lots, the side
yard shall be 25 feet whe n autorrobile access is taken across the
side yard; the side yard s hall be 15 feet when no aut0l10bile
access is taken across the side yard.
(b} Fo r zero-lot-line dwellings 10 feet on one lot line arrl no
setback on the opp:>site l o t line. It> accessory buildings shall
be permitted within the re:juired side yard.
(c} For townhouse attached sincjle-family dwellings no side yards are
required except for corner lot conditions. en comer lots, tre
side yard shall be 25 feet 'Hhen autarobile access is taken across
the side yard; the side y a rd shall be 15 feet when no autorrobile
access is taken across the side yard.
3.8 Maxirnt.nn Bu~lding Height: 36 feet rreasured at the vertical to the grade at
the center of the bUilding.
3. 9 Minimum Parking:·
( 1} For single-family detached d'Ne ll ings tv.u spaces per unit.
(2) For tv.o-family dwellings tw s p aces per dwelli03 unit.
(3) For townhouse and zer<;>-lot-line attached single-family dwellings two
spaces per dwelling and 1/2 vis itor spare provided on the lot or . in.
ccmrron community cpen space or a combination thereof.
(4) Fbr multiple-family dwellings one arrl one-half spaces per dwelling
unit.
(5) For all other uses: see Supple mentary Regulations (Section 10.6).
3. 10 Additional Requirements: All uses shall be subject to the provisions und=r
Section 10.0 (Sur:plernentary Requlat i ons) and Section 11.0 (Modifications of
Subdivision Regulations).
( 1) For zero-lot-line dwellings, a minimum maintenance easement of 3 feet
shall be provided on the side yard for the adjacent lot.·
( 2) No p:>rt i on of any building shall extend beyond lot lines or into
public easerrents or public righ ts-of-way.
(3) For zero-lot-line ard townhouse dwellings no wiooows or openings shall
be allowed in a wall abutting a prop=rty line that faces into an
adjoining lot.
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4.0 CAR -Central Area Residential
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4. 1 Uses, by right: Attached single-family dwellings (either townhouses or
zero-lot-line houses), t\>K>-family arrl multiple-family dwellings, arrl
customary accessory uses including buildings for shelter or enclosure of
animals or proi;.erty accessory to use of tte lot for residential purposes
arrl fences, h=dges, gardens, walks, arrl similar larrlscape features; park.
4.2 Uses, conditional: Church, sclxlol, canmunity building, day nursery, fire
station, and other p.lblic uses.
4.3 Uses, special: Extraction processirg of natural resources.
4.4 Intensity of Use: A maxi.mum of 20.0 dwellirg units per gross q.cre.
4.5 Minimum Int Area:
(1) 600,square feet for townhouse , attached single-family dwellings.
(2) 2,000 square feet for zero-lot-line, attached single-family dwellings.
(3) 7,500 square feet for tv.G-fami l y dwellings.
(4) 20,000 square feet for multiple -family dwellings.
4.6 Maximum Site Cover~e: For attadled single-family dwellings witoout caran:m
open area as part of the plat at tirre of subdivision, not rrore than 70% of
each lot shall be CXNered by buildings and parking areas.
For attached single-family dwellings with cacuron open area as part of the
plat at time of suWivision, oot nor e than 80% of the platted area shall te
covered by buildings, parking areas arrl private streets.
For multiple-family dwellitgs, oor nore than 80% of the platted area at the
tine of subdivision shall be covered by buildings, parkirg arrl private
streets.
A lot shall not re limited to one principal structure provided:
( 1) The uses of eadl structure shall be allowed within the cpplicable zone
district.
(2) The total accumulated improverrents Cb not exceed the maximum site
coverage nor violate any other requirerrents of the zone district.
(3) The entire lot remains under o ne ownership.
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4.7 Minimum Setbacks:
(1) Front Yard:
{a) For nultiple-family dwell i ngs
( 11) Arterial Streets: 100 feet fran street centerline or 50
feet fran front lot l ine, whichever is greater.
(21) Collector Streets: 90 feet from street centerline or 50
feet fran front lot line, whichever is greater.
(31) Local Streets: 50 feet from street centerline or 25 feet
fran front lot line , whichever is greater.
(b) For ~family dwellings, zero-lot-line arrl townhouse attached
sil)ile-family dwellings
(11) No lot shall front on an arterial or collector street.
(21) I.Deal streets: 25 feet fran the front lot line, if there
,
is a front-facing gar age; or no setbadc if there is a side-
facing garage or at l east 25 feet of o::xnrron cpen space
bet~en the curb line arrl the lot line.
(c) For all other uses:
(11) Arterial Street: 100 feet fran street 'centerline or 50
feet fran lot line, wh ichever is greater.
(21) Collector Street: 90 feet fran street centerline or 50
feet fran lot line, wh ichever is greater.
(31} I.Deal Streets: 65 fee t fran street centerline or 40 feet
fran front lot line, whichever is greater.
{2) Rear Ya r d:
(a) Fo r t'Y.D-family dwellings and multiple-family dwellings ~ . 15 feet fran rear lot line.
(b) For zero-lot-line and townhouse attached single-family
dwellings
(11) 10 feet fran rear lot line if no alleys or rear utility
easerrents are provided.
( 21 ) No rear yard is required mere alleys or utility easements
are provided arrl no a utorrobile access is allowed.
( 31 ) Where autooobile access is taken:
{a1} 25 foot setback where there is a rear-facing qarage.
(b1) No setbacks for a side-facing garage.
( c 1) No setbacks if t here is at least 25 feet of canrron
open space bet~n the alley paverent arrl the lot line.
{c) Fo r all other uses: 25 feet when cdjacent to residential uses or
10 feet when not crljacent to residential uses.
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( 3) Side Yard :
(a) For two-family and multiple-family dwellings 6 feet fran side
lot line. en comer lots, the side yard shall be 25 feet when
uto!OC)bile access is taken across the side yard; the side yard
shall be 15 feet when oo autonobile access is taken across the
the side yard.
(b) For zero-lot-line dwellings 10 feet on ooe lot line arrl no
setback on the opposite lot line. NJ accessory buildings shall
be permitted within the required side yard.
(c) For townhouse attached single-family dwellings no side yards are
required except for oomer' lot. oonditions. CX1 oorner lots, the
side yard shall be 25 feet when autorrobile access is taken a:rass ·
the side yard; the side yard shall be 15 feet when no autonobile
access is taken across the side yard.
4.8 Maximum Bl\ilding Height: 36 feet rreasured at the vertical to the grade at
the center of the building.
4.9 Minimum Parking:·
( 1) For two-family dwelling two spaces per dwelling unit.
{ 2) For zero-lot-line arrl townhouse attached single-family dwellings t~
spaces per dwelling and 1/2 visitor space provided on the lot or in
COTl!IDn carmunity open. space or a combination thereof •
(3) For nultiple-family dwellings ooe and one-half spaces per dwelling
unit.
( 4) For all other uses: see Supplementary Regulations {Sect ion 1O.6) •
4. 10 Additional Requirements: All uses shall be subject to the provisions und::r
Section 10.0 (Supplementary ~ulations) and Section 11.0 (Modifications of
Subdivision Regulations).
( 1) For zero-lot-line ~llings, a minimum maintenance · easement of 3 feet
shall be provided on the side yard for the a:Ijacent lot.
( 2) No i::ortion of any b.lilding shall extend beyond lot lines or into
public easerrents or public rights-of-way.
( 3) For zero-lot-1 ine and townhouse dwellings ro windows or openi1'l3s shall
be allowed in a wall abutting a property line that faces into an
adjoining lot.
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5.0 MHR -Mobile Home Residential
5.1 Uses, by right: M::>bile oomes, mobile bachelor dwellings*, camper parks,
arrl custcrary accessory uses, includ in;:J buildings for shelter or enclosure
of animals or property accessory to use of the lot for residential purposes
and fences, hedges, gardens, walks, arrl similar landscape features; park.
5.2 Uses, corrlitional: Church, sch<X>l, ccmnunity building, day nursery, fire
station, ara other public uses.
5.3 Uses, special: Extraction and processinj of natural resources.
5.4 Intensity of Use: A maximum of 9.0 nubile hone units per gross acre.
5.5 Minimum I.Dt Area: 3,000 square feet.
5.6 Ma:xi.rnt.nn S\te Coverage: For nubile b::mles not nore than 60% of eadl lot
shall be covered by buildings and parking areas.
For rrobile bachelor dwellings arrl camper parks, no rnaxim.nn site coverage
shall apply.
Travel trailers, camper vehicles and/or recreational vehicles accamodated
shall not exceed · forty ( 40) feet in length arrl eight ( 8) feet in width.
5.7
No rrore than tv.u (2) camper vehicles shall be allowed on any one rrobile
hare space. "
Minimt.nn Setbacks: Minimum setback requirements of the a:ljacent z.one
district regulations shall ~ observed on the periphery of a rrobile home
park.
5.8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at
the center of the bUilding.
5.9 Minimtnn Off-Street Parking:
( 1) 'I\o.o spaces per dwelli03 tmit.
(2) For all other uses: see Suppl ementary Regulations (Section 10.6 )
5. 10 .Additional Requirements: All uses shall be subject to the provisions unde r
Section 10.0 (Supplementary Regulat ions) and Section 11.0 (Modificatio ns o f
Subdivision Regulations).
*Mobile bachelor dwellings are · defined in Section 10, Supplementary Regulations
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6.0 N: -Neighborhcx::rl Comnercial
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6.1 Uses, by right: Retail cx:mrercial e stablishments rot exceeding 15,000
square feet of buildin:J area for each principal use, includirq grocery, dry
goods, hardware, bakery, 1 iqoor, drug, florist, books, and similar uses.
Personal service establishrrents not exceeding 5,000 square feet of building
area for each principal use, includ i ng barber, beauty, self-service ·
laundry, dry cleaning, photo arrl a rt studios, travel agency, sh:::>e repair,
health spa, private clubs, indoor e a tinj and drinkin:J establishments {which
may include liquor), banks, arrl similar uses.
Of fices for business arr! professional uses.
Gasoline service stations with b.D o r less service bays arrl without car
washing facilities, which nust be s i ted with limited vehicular access and
service areas reasoncbly screened fran public view.
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6.2 Uses, conditional: Church, carmunit y buildinj, day rursery arrl school,
auditorium, public buildirq for administration, fraternal ledge, art
gallery, museum, library.
6.3 Uses, special: Extraction and processing natural resources.
6.4 Intensity of Use: See general cond i tions under SuppleITEntary Regulations.
6.5 Minimum lot Area: 7,500 5'luare feet .
6.6 Maximum Site Coverage: Not rrore than 80% of the platted area at the time
of sllbdivision Shall be rovered by b uildinjs, parking areas arrl private
streets. A minimum of 10% of the s i te shall be in unpaved landscai:e
developnent.
A lot shall not be limited to ooe pr i ncipal structure provided:
( 1 ) 'l1le uses of each stucture shall be allowed within the applicable
zone district.
( 2) The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirerrents of the zone district.
( 3) The entire lot remains under o n e ownership.
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6. 7 Minimum Setbacks:
( 1) Front Yard:
(a) Arterial Streets: 100 feet fran street centerline or 50 feet
from front lot line, whiche'Ver is greater.
(b) Collector Streets: 90 feet from street centerline or 50 feet fran
front lot line, whiche'iler is greater.
(b) Local Streets: 65 feet fron street centerline or 40 feet fran
front lot line, \ohichever is greater.
( 2) Rear Yard: 25 feet when a:ljacent to residential uses; 10 feet
when not adjacent to residential use.
(3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on
a corner lot.
6.8 Maximum suhding Heiqht: 36 feet neasured at the vertical to ~ grade at
the center of the building.
6.9 Minimt.nn Off-Street Parking:
( 1 ) Retail ccmrercial and ~rsonal service: One parking space i::er 200
square feet of floor area (except storage areas).
( 2) Office: CXle parking ~ce i;:er 300 square feet of floor area.
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( 3) Gasoline Service Stations: Minimum of 4 spaces excludi03 service
areas and service bays.
(4) For all other uses: see Supplementary Regulations (Section 10.6).
6.10 Mditional Requiranents: All uses shall be subject to the provisions und:r
Section 10.0 (Supplementary Regulat i ons) and Section 11.0 (Modifications of .
Subdivision Regulations).
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7 .0. OP -Office Park <. ·· · ... 1 ·.·
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" . 7 .1 Uses,. by right: Offices for business and professional uses; research
facilities, testin::J laboratories, a rrl facilities for the manufacturing
fabrication, processing or assembly o f products provided that such
facilities are corrpletely enclosed a rrl provided that noise, srroke, glare,
vibration, fumes, or other environmental problems which exceed normal
residential conditions are confined t o the user's lot.
Personal service establishments including barber, beauty, self-service
laundry, dry cleanin:J, photo arrl art studios, travel agency, sh:>e repair,
health spa, private clubs, indoor e at ing and drinking establishments (which
may include liquor),.within the principal building.
7.2 Uses, conditional: Church, communi ty building, day nursery arrl school;
auditorium, public buildiTB for crlm inistration, fraternal lodge, art
gallery, museum, library.
7.3 Uses, special: Extraction arrl processing of natural resources.
7.4 Intensity of Use: See general cond it ions under Supplenentary Regulations.
,, 7 .5 Minimum I.ot Area: 7 ,500 square feet .
7.6 Maximum Site Coverage: Not rrore than 80% of the platted area at the time
of subdivision shall be rovered by buildings, parkin:J areas, arrl private
streets. A rninimun of 10% of the s i te shall be in unpaved landscape
developnent.
A lot shall not be limited ~ to one pri ncipal structure provided:
(1) '!be uses of each structure shall te allowed within the appliccble
zone district.
( 2) The total accumulated .improvements Cb not exceed the maximum site
coverage nor violate any other requirerrents of the zone district.
(3) The entire lot remains under one ownership.
7.7 Minimum Setbacks:
(1) Front Yard:
(a) Arterial Streets: 100 fee t from street centerline or 50 feet
fran front lot line, M"lichever is greater;
(b) Collector Streets: 90 feet from str~t centerline or 50 feet
fran front lot line, M"lic hever is greater.
(c) I.Deal Streets: 65 feet fran street centerline or 40 feet from
front lot line, whichever is greater;
(2) Rear Yard: 25 feet when cdjacent to residential uses; 10 feet when
not cdjacent to residential use s.
(3) Side Ygrd: 10 feet fran side l ot line or 25 feet for a side yard on
a corner lot.
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7 .8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at
the center of the building.
7.9 Minimum Off-Street Parking:
( 1) Research facility, testing laboratory, manufacturing, fabrication,
processing, or asserrbly of products: one parkirg space per 400
square feet of floor area.
( 2) Office arrl professional uses: ooe parking space per 300 feet of floor
area.
( 3) For personal service uses: one parking space per 200 square feet of
floor area {except storage area).
( 4) For qll other uses: see suwl ementary Regulations {Section 10.6).
7. 10 Mditional Requirements: All uses shall be subject to the provisions und2r
Section 10.0 {Supplementary i:Egulat ions} ard Section 11.0 (Modifications of
Subdivision Regulations}.
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. (!. 0 BC Business Center
8. 1 Uses, by right: Retail rommercial establishments including grocery, dry
goods, hardware, bakery, liquor, d rug , florist, books, sporti03 goods,
appliances, variety stores, department stores, autorrotive accessory parts,
furniture, garden supply, animal feed, plant nursery outlets arrl similar
uses.
Personal service establishrrents, including barber, beauty, self-service
laundry, dry cleaning, photo arrl art studios, travel agency, shoe repair,
health spa, private clubs, indoor e a ting and drinking establishments (which
may include liquor), banks arrl sim il ~ uses.
Offices for business arrl professional uses.
Research facilities, testing laboratories, arrl facilities for
manufacturing, fabrication, processi ng or asserrbly of products provided
that such facilities are completely enclosed arrl provided that noise,
srroke, glare, vibration, furres or other environmental problems which exceed
normal residential conditions are confined to the user's lot.
Churches, day-care centers arrl irrloor theatres.
Recreation facilities.
Gasoline service stations, car wash and autarotive services, Y.bich must be
sited with limited vehicular access arrl with service areas reasonably
screened from public view.\,
Motels, lntels, including eating and drinking establishments (which may
include liquor).
Multiple family dwellings when located above retail cx:nmercial, p:=rsonal
service or off ice uses.
Public arrl semi-public uses as spec i fied in this PUD.
8.2 Uses, cbnditional: Church, canmuni t y building, dey nursery ard sch:x>l,
auditorium, public building for crlrn i nistration, fraternal lodge, art
gallery, museum, library.
8.3 Uses, special: Extraction and processing of natural resources.
8.4 Intensity of Use: See general cond it ions under Supplerrentary Regulations.
8.5 Minimum IDt Area: 7,500 square feet .
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8.6 Maximum Site Coverage: N:Jt nore than 80% of the platted area at the time
of subdivision shall be covered by buildings, parkin:J' areas, arrl private
streets. A minimum of 10% of the site shall be in unpaved larrlscape
developrent.
A lot shall not be limited to one principal structure provided:
( 1 )
( 2)
( 3)
'1'he uses of each structure shall be allowed within the applicable zone
district.
The total accumulated improvements d:> not exceed the maximum site
coverage nor violate any other requirenents of the zone district.
The entire lot remains under one ownership.
8.7 Minimum Setbacks:
( 1) Front Yard:
(a) Arterial Streets: 100 feet from street centerline or 50 feet
fran front lot line, Wiiche'1er is greater.
(b) Collector Streets: 90 feet from street centerline or 50 feet fran
front lot line, whichever is greater.
(c) local Streets: 65 feet from street centerline or 40 feet fran
front lot line, whichever is greater.
" . (2) Rear Yard: 25 feet "41en cdjacent to residential uses; 10 feet "41en rot
a:ljacent to residential uses.
(3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on
a rorner lot.
8.8 Maximum Building Height: 36 feet rreasured at the vertical to the grade at
the center of the building.
8.9 Minimum Off-Street Parking:
( 1) Retail ccmrrercial and personal sei:vice: One parking space per 200
square feet of floor area (except storage area).
(2) Research facility, testin:J laboratory, manufacturing, fabrication,
processing: One parking spare per 400 square feet of floor area.
(3) Church or theatre: one parking space per three seats.
(4) Offire aoo professional uses: one parking space per 300 square feet
of floor space.
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(5) Recreation facility: Parkinq shall be provided on the basis of one
parkirlJ space per each four pers6ns usiJ'B the facility (figured at a
maximum capacity use period).
(6) Motels an) rotels: Che parking space per rrotel or rote! unit.
( 7) Multiple-family dwellings: One arrl one-half parkifl3 space per
dwelling unit.
( 8). Gasoline Service Stations: Minimum 8 spaces excludi03 service areas
arrl service bays.
( 9) For all other uses: See Supplementary Regulations (Sect ion 10. 6} •
8. 10 Additional Requirements: All uses s hall be subject to the provisions under
Section 10.0 (Suwlementary Regulations) arrl Section 11.0 (Modifications to
Subdivision Regulations).
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, (?. 0 OC Business Center
8. 1 Uses, by right: Retail corrnnercial establishments including grocery, dry
goods, hardware, bakery, li~~, drug, florist, books, Sf)'.) rt ing goods, ·
appliances, variety stores, department stores, autorrotive accessory parts,
furniture, garden supply, animal feed, plant nursery outlets arrl similar
uses.
Personal service establishments, including barber, beauty, self-service
laundry, dry cleanirB", photo arrl art studios, travel agency, shoe repair,
health spa, private clubs, indoor eating and drinking establishments (which
may include liquor), banks ard simil ar uses.
Off ices for business arrl professional uses.
Research facilities, testil'B laboratories, ard facilities for
manufacturing, fabrication, processi ng or assembly of products provided
that such facilities are completely enclosed an::! provided that noise,
SIOOke, glare, vibration, fumes or other environmental problems which exceed
normal residential conditions are confined to the user's lot •
Churches, day-care centers and indoor theatres.
Recreation facilities.
Gasoline service stations, car wash and autom::>tive services, which mus t be
sited with limited vehicular access ard with service areas reasonably
screened from public view. '·
Motels, h:>tels, including eating and drinking establishments (which may
include 1 iquor) •
Multiple family dwellings when located above retail cqnmercial, p:rsonal
service or office uses.
Public and semi-public uses as specified in this PUD.
8.2 Uses, conditional: Church, cammnity building, day nursery arrl scl:nol,
auditorium, public building for administration, fraternal lodqe, art
gallery, museum, library.
8.3 Uses, special: Extraction and processing of natural resources.
8.4 Intensity of Use: See general conditions under Supplerrentar:y Regulations.
8 .5 MinimLnll Lot Area: 7 ,500 square feet.
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8.6 Maximum Site Coverage: NJt nore than 8 0% of the p l atted area at the t.irre
of subdivision shall be covered by buildings, parkior areas, arrl private
streets. ·A minimum of 10% of the site shall be in unpaved larrlscape
developrent. ·
A lot shall not be limited to one principal structure provided:
( 1)
(2)
( 3)
'.Itle uses of each structure shall be allowed within the applicable zone
district.
The total accumulated improvements do not exceed the maximum site
coverage nor violate any other requirerrents of the zone district.
The entire lot remains under one ownership.
8.7 Minimum Setbacks:
( 1) Front Yard:
(a) Arterial Streets: 100 feet from street c:enterline or 50 feet
fran fron~ lot line, \o.hicheVe r is greater.
(b) Collector Streets: 90 feet frora street centerline or 50 feet fran
front lot line, whichever is g reater.
( c) Local Streets: 65 feet from s treet c:enterline or 40 feet fran
front lot line, whichever is g reater.
(2) Rear Yard: 25 feet \o.hen a3jacent t o residential uses; ·10 feet when mt
adjacent to residential uses.
(3) Side Yard: 10 feet fran side lot l ine or 25 feet for a side yard on
a corner lot.
8.8 Maximum Building Height: 36 feet rreas ured at the vertical to the grade at
the center of the building.
8.9 Minimum Off-Street Parking:
( 1 ) Retail camercial and I_:ersonal service: One parking space per 200
square feet of floor area (except storage area).
( 2) Research facility, testing laborat ory, manufacturing, fabrication,
processing: One parking space p:!r 400 square feet of floor area.
( 3) Church or theatre: one parking space I_:er three seats.
(4) Office arrl professional uses: one parking space per 300 square feet
of floor space.
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(5)
(6)
Recreation facility: Parking shall be provided en the basis of one
parkirg space per each four persons usiTB the facility (figured at ·a
ma~imum capacity use period).
;
Motels and ootels: One parking space per note! or ootel unit.
(7) Multiple-family dwellings: One arrl one-half park~ space per
dwelling unit.
( 8) Gasoline Service Stations: Minimum 8 spaces excludin:3' se?:Vice areas
an::l service bays.
(9) For all other uses: See Supplementary Regulations (Section 10.6).
8. lO Additional Requirements: All uses shall be subject to the provisions under
Section 10.0 (Supplernentacy Regulations) and Section 11.0 (Modifications to
Subdivision Regulations).
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, ' S·.O PSR -Public, Semipublic, and Recreation
9. 1 Uses, by dght: Sch:Jol sites, goverrurental offices, p:>lice arrl fire
stations, library, day-care centers, µ.iblic and semipublic health
facilities including hospitals arrl clinics, recreation uses, churches,
corrm..mity center, neighborhood carnrunity center, water, ~11 sites, sewage
treatrrent facilities, water treatrrent arrl storage facilities, arrl other
public arrl private utility facilities and buildings.
carmunity open space arrl parks, includin:J hikin:J arrl bicycle trails,
equestrian trails, intensive use playfields, picnic areas, sledding areas,
swirrming pools, tennis courts, natural areas, ardtery, skeet shooting and
similar uses.
Golf course with clubhouse including eating and drinking facilities (which
may include liquor); equestrian center.
9.2 Uses, corrlii.tional: N:>t C!JPlicable.
9.3 Uses, special: Extraction arrl processing of natural resources •
9.4 Intensity of Use: See general oonditions under Supplementary Regulations.
9.5 Minimt.ml wt Area: N:>ne.
9.6 Maximum Site Coverage: N::>t rrore than 80% of the platted area at the time
of subd1vis1on shall be ooyered by buildings, parking areas, arrl private
streets. A minimum of 10% ·of the s i te shall be in tmpaved lam scape
developrent.
A lot shall not be limited to one principal structure provided:
( 1) The uses of eadl structure shall be allowed within the ~liccble
z.one district.
(2) The total accumulated improvements Cb not exceed the maximum site
coverage nor violate arq other requirenents of the z.one district.
(3) The entire lot remains under one ownership.
9.7 Minimt.nn Setbacks:
( 1) Front Yard:
(a) Arterial Streets: 75 feet fran street centerline or 25 feet
fran front lot line, whichever is greater.
(b) Collector Streets: 65 feet from street centerline or 25 feet
fran front lot line, whichever is greater.
(c) Local Stree~s: 50 feet fran street centerline or 25 feet fran
front lot l~ne, whichever is greater.
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{2) Rear Yard: ·25 feet when adjacent to residenf:-~hl uses; 10 feet when
not adjacent to residential uses.
(3) Side Yard: 10 feet fran side lot line or 25 feet for a side yard on
a corner lot •.
9.8 Maximum Building Height: 36 feet rreasured at the vertical to the grcrle at
the center of the building.
9.9 Minimum Off-Street Parking:
(1) Church, auditorium arrl p.iblic assembly: Che space ~r 3 seats.
(2) Governmental offices (except auditorium arrl public asseroly): cne
space per 200 square feet of floor area (except storage area).
(3) Public arrl private utility ccmpany facilities: One space per 200
square feet of floor area for off ices arrl other facilities
accarnrodatir¥J regular daily employrrent. A rnininrum of b.o spaces will
be pro··ided at all other facilities.
\
(4) Medical clinics: cne space per 200 square feet.
(5) Hospitals: cne space per 300 square feet exluding nursif"J care
(in-patient care) areas plus one space ~r 2 beds.
(6) For all other uses: see Supplementary Regulations (Section 10.6).
9. 10 Additional Requirements: All uses shall be subject · to the provisions under
Section 10.0 (Supplementary Reghlations) and Section 11.0 (Modifications to
Subdivision Regulations}. ·-· · · --· ·
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10.0 SR Supplementary Regulations
10.1
10.2
Division of the subject lands into l and use areas and their related
developrent standards will be as shown on the RID mcp arrl as outlinerl by
the preceding development standards . To further avoid problems of
interpretation, the followi03 listed supplenentai:y requlations are included
as part of the Planned Unit Develq::rnent. Where the preceding general
standards or the followirq supplerrental regulations do not adequately
describe \'.hat is permitted or requir ed, reference shall be ma:Je to the
officially adopted Garfield County Zo,ning Resolution of January 2, 1979,
including the zoning arrendrrent, crlopted October 15, 1979, and to the
officially adopted Garfield County Subdivision Regulations of January 2,
1979, and anendments of October 15, 1979.
Larrl Use 'I'ypes: '!he PUD map shows generally where within the POD eadl type
of use is located. '!he precise loca tion of each use arrl the location of
lots, blocks and other parcels withi n each area devoted to eadl use shall
be shown as that area is hereafter .subdivided and platted.
Uses Permitted: ·The principal uses for each larrl use area are listed as a
part of the general developrrent standards; however, any other' building,
structure or u~ \o.hich is similar to those ern.urerated arrl not rrore
obnoxious or detrimental to the area in which it is located shall be
permitted.
1-bbile bachelor dwellings ~ nodula r bachelor dwellings shall include
gra.ipings or single livinj units'with o:::>rrur0n restrocrn facilities, carrnunity
recreation space and central eatin:r facilities, in place of restroans,
kitchens and larger livirg areas wi t hin eadl separate livirg unit.
10.3 Intensit¥' of Use: In any residential area defined on the POD map, the net
density l.n any given part of a subd i vided area may exceed the qross density
which w::>uld be permitted for the entire sub:livided area so long as the
entire subdivided area, includin:r open space, is within the range of the
applicable gross intensity of use set forth above in the development
standards.
10.4 Setbacks: 'Ihe following yard requir ements shall be observed in all zone
districts:
Through Lots: On lots extending fran one street to another paralleling
street, both streets shall be considered as front streets for purposes of
calculatiTB front yard setbacks unle ss a solid screening fence is provided
for one yard only arrl then the yard adjacent to the fence shall be
considered as a rear or side yard.
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Corner Lots: On residential lots !::o r dered on two (2) contiguous sides by
streets, the required front yam se t back shall be observed alo03 both
streets 'When aut()f!X)bile access is taken fran the side street.
'Tuo-Family Dwellings: For purposes of setback calculations, a t'MJ-family
dwelling shall be a:mstrued as one building occupying one lot;
Attached single-family dwellings: Fo r purposes of setback calculations,
only those attached single-family dwe llin:JS which do not share a o:illl'On
wall with an crljacent attached dwellim need observe the required side yard
setback for the district, providing buildin:J code requirements for this
tyt:e of structure are observed; ·
Projections: Every part of a required yard shall be unobstructed fran
grourrl level to the sky except for projections of architectural features as
follows: cornices, sills arrl orname ntal features -12 i nches; rex>f eaves -
18 inches; l.ll1covered p::>rches, slabs and patios, walks, steps, fences,
hedqes, anq walls -no restriction; f ire escapes and irrlividual balconies
not used as passageways may project 18 inches into any required side yard
of four {4) feet into any required f r ont or rear yard;
Accessory Building in Required Rear Yard: An accesoory buildin:J may be
located in a required rear yard provi ded not rrore than forty ( 40) percent
of the rear yard area is covered. Such buildin:J shall observe a seven and
one-half (7 1/2) foot setback fran the rear lot line when there is not an
adjacent alley. When there is an ad j acent alley it shall observe a ten
(10 )' foot setback from lot J_ine;
Fences and Screening: A fence, hedge , or wall may be located in any
required yard provided no such installation shall exceed eight (8) feet in
height in a required side yard or rea r yard, nor shall any such structure
exceed three (3) feet in height in aey required front yard. NJ side yard
or front yarn hedqe or fence is perm i tted on a corner lot crljacent to a
street.
10.5 Maximl.MI Building Height: Fbr purposes of ireasuring the maximum building
height, grade shall rrean the original natural grourrl level or newly
established elevation resulting fran (l)ffipacted fill so long as any regraded
area does not exceed a four-to-one s l ope bet~en the grourrl level of any
exterior buildin:J wall and a::ljacent l ot line or property line.
10.6 Minimum Off-Street Parkim: Each off -street parking space shall be not
less than 8 feet wide and 18 feet long; shall be provided with vehicular
access to a street or alley; shall be surfaced with gravel, asphalt,
concrete or equivalent; shall be properly drained; and shall be located
within convenient walking distance o f the principal building or use for
which the parking space is provided.
For either detached single-family dwellings or attached simle-family
dwellings, tarrlem parking spaces shall be -p=rrnitted.
Where an off-street parkin:J space serves rrore than one use ard peak tirres
for parking are at different times of the day, such parkim space ITBY be
included as part o f the minimum requirerrents for each use.
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"The following minimt.nn parking requirements for permitted or similar (see
Sect ion 10. 2) uses are:
( 1) Churches, ccmnunity buildinqs, fraternal lodges and auditorium: One
space per 3 seats in the asserrbly space.
(2) Schools, elementary and middle: One space per instructional area plus
one space for each 4 seats in assenbly areas {includi~ gyrmasi1..llll5).
(3) High schools, colleges arrl universities: One space per instructional
area (classrOClll, lab, gym) plus one space per 3 students accanrrodated
in the institution.
( 4) cannunity ooildin:Js: One space per 3 seats of assembly area.
(5) Athletic stadium: Qie space per 4 seats.
(6) Recreation facilities: One space per 4 persons usirr;J the facility
(figured at a maximum capacity use period).
'
( 7) Day care center: One space per classrocm area and one space per 200
square feet.of office space ·arrl a minimum of 6 spaces.
(8) Police arrl fire stations: One space per 200 square feet excluding
garage areas arrl a minimum of 4 spaces.
( 9) Library and nuseurn: A minimLnn of 10 spaces plus me space per 200
square feet of office or administrative areas •
...
10. 7 M::rlif ications: In general, the proposed developnent starrlards for the
Battlenent Mesa Planned Unit Developtent corres:p:>rrl closely to nonnal
criteria of the Garfield County Zoni~ Resolution. In some cases, 'the
Battlenent Mesa standards are rrore lirnitirr;J, while in others typical ColUlty
zoni~ regulations appear to 1:e rrore restrictive. Wherever this last
situation exists, the added flexibility of developrrent with the POD permits
desirable variety arrl in some situations essential economies of
construction arrl maintenance. Throughout the Planned Unit Develqxrent
program, special attention will be given to borderin;J private prcperties
so that their values as established by existing Garfield County zoning
standards will be maintained. In line with Garfield County zonirr;J
requirerrents th?it no p:>rtion of a PUD shall l:e used or ocrnpied, otherwise
than as was permitted imnediately prior to the approval of rezonirr;J as a
POD, until a subdivision plat for said i:ortion is appt:"oved by the Board of
County Conmi.ssioners of Garfield County, Battlement Mesa, Inc., recognizes
the need to design arrl construct each phase accordin:J to all reasonable
public interest.
10.8 Attached Single-Family Dwellings (Zero-Lot-Line and Townhouse) Definition:
An attached sin;Jle-family dwelli03 is a si03le-family dwelli~ that may
share one or two camron side building walls with an ci1jacent similar
dwelliTB or dwellings arrl extend fran the lowest to the highest p:>int of
the building bet~en said a:':mlron side walls.
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' t I (1) A zero-lot-line single-family dwelling shall occupy a lot and must
have one side yard of at least 10 feet cpp::isite any wall located on a
side lot line.
(2) A townhouse sirgle-family dwel l ing shall occupy a lot arrl need rDt
have any side yard setback except for those special conditions defined
within the z.onirg district.
10.9 Jlilditional Restrictions: Battlemen t M=sa, Inc. reserves the right to make
the use or occupancy of any particul ar area rrore restrictive than this PUD
would permit, by provisions on the s ul:x3ivision plat, restrictive covenants,
or provisions in the deeds •
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11.0 Modifications of Subdivision Regulations
The Planned Unit DevelopITent will confonn to the Subdivision Regulat.ions of
Garfield County, Colorcrlo, ooopted January 2, 1979, except as roted relow
or otherwise provided in this application arrl except as may re permitted by
the Board of County Canmissioners at the time of subdividing. 'lhe specific
rrodifications set forth belCM are requested to better allow the developer
to fulfill the previously stated puq:oses ard objectives of this PUD.
11.1 Street Pattern (Sub. Reg. 5.02.01}: The street patterns will be designed
to continue to provide access to adjaeent lands rot included in the PUD
which presently have access through a public dedicated right-of-way.
Adjacent privately owned land which d:>es oot presently have access off a
public dedicated right-of-way through the area of the POD will be provided
appropriate access. Adjacent land in public ownership which presently does
not have access off a public dedicated right-of-way through the area of the
PUD will be 1 provided .;ppropriate access. Adjacent land in public ownership
which presently does not have access off a public dedicated riqht-of-way
through the area of the PUD will be provided acc:ess at the time of plattirB
at the request of the public agency controllirB the land.
11.2
Decrl-errl streets may be designed with a cul-de-sac head that meets the
functional requir~nts of vehicular turnirg radii arrl snow storage; this
design may vary from the 90 foot turnaround.
Residential lots borderirg qrterial streets may be sided against the street
as long as access to the lot is rot from the arterial streets.
Private Streets (Sub. Reg. 5.02.02): Private streets may be used in areas
w1th1n the PUD where through traffic is not desired and "41.ere pavement
widths can be narroiner than those required on public streets. In such
cases, roadway widths of 20 to 24 feet may be used where the design
C'Onsiders traffic volumes, satisfactory off-street parkirg arrangeJIEnts,
planned snow storage areas, crl.equate sight distances, reasonable gradients
arrl turnarounds adequate for eITergency vehicles. Furthenrore in such cases
for CCfmErcial, retail and office uses, setbacks of 15 to 25 feet may re
used for front and side yards where the design considers the factors noted
for roadway widths. At time of platting, the design, construction
standards, maintenance resr:onsibility and PJlicirg arrangements will be
presented.
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., lL~3 Street Widths (Sub. Reg. 5.02.03): Public street widths proposed in the
· · PUD will be detennmed by proJected t r affic volwne, parking arrangerrents
and other factors at the time of platt i ng. 'Ihe range of requirements is
proposed to be as follows:
11.4
Street Type
Arterial
C.Ollector
Neighborhood or LJcal
Range of Ded i cated
Right-of-Way Width
80 -100 f eet
60 -80 feet
40 -60 f eet
Range of
lbadway Width
40 -72 feet
36 -44 feet
24 -36 feet
Grades, Curves, and Site Distances (Sub. Reg. 5.0.04):
sight distances will a:ihere to County standards except
be requested at the tine of platting f or neighborlxx:xl,
volume traffic streets.
Grades, curves, and
that variances may
local, or other low
11.5 Relationship to Adjacent Slopes (Sub . Reg. 5.02.05): cut-and-fill slopes
are proposed to blerrl with the natural top::igrapfiY arrl may exterrl outside
public dedicated .street rights-of-way providinJ revegetation requirements
are met.
11.6 Sidewalks, Curb and Gutter (Sub. Reg . 5.02.06): Sidewalk locations will be
in accordance with the plat at the tine of subdividing arrl will be sited so
as to cptimize pedestrian routes throucih open space to residential,
educational arrl canmunity ~acilities • .
Curb and gutter will be placed where ~cessary to direct storrn·arainage arrl
where it ~uld add to ·ea.Se of roirl edge maintenance. Where a rural
character is desired and stonn drainage can be harrlled by ditch swales,
curb arrl gutter may be eliminated.
11. 7 Ibadways (Sub. Reg. 5.02.07}: Ibadways will conform in oonstruction
specifications, other than width, to County requirerrents. Design of roa:':l-
way surface may vary fran parabolic crown to inverted center pitch
dependirg upon stran drainage requirements of various 'ar eas of the PUD.
11.8 Streets Names and Signs (Sub. Reg. 5 .02.08}: Street signs will a)nform to
a unifonn system of signs arrl graph i cs designed for the total PUD area.
11.9 Minimum Standards for Zero-Lot-Line and 'lbwnhouse Projects: In
zero-lot-line ai'rl tOWrihOUse projects the followirg mini.mt.nn standards must
be observed for either µ.iblic or pri vate streets:
· ( 1) A minimum of 20 feet of access drive aoo fire lane must be provided.
( 2) A minimum of 3 feet for sidewalks on each side of an access drive
nust be provided adjacent to the drive.
( 3) A minimum of 20 feet rust be provided a:':ljacent to one side of the
access drive for utility easerrents which may incorµ:>rate the side-
walks area •
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6·2 [PSR PSR '
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EXHIBIT C
BATl'Lmm 1'£iA
PIJ\NNED lNIT IBVELOPMFNI' PU\N
ZOOE DISTRICT MAP
r ·-·--·--·--,
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SU1'Y-IARY OF ZCNE DISTRICTS
ZOOE DISTRICTS
Rural Density Residential
I.ow Density Residential
Medium Density Residential
Central Area Residential
rt>bile Hare Residential
Neighlx>rlx:lod Camercial
Office Park
Business Center
'lhoroughfare R.O.W.
Public, Semi-Pli:>lic,
& Recreational
'lUl'AL5
•
(RDR)
(LOR)
(MDR)
(CAR)
(MHR)
( NC)
( OP)
( BC)
(fnl)
(PSR)
ACRE:
389
557
151
183
250
33
0
156
128
1551
3398
r
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BATl'LEMNr MESA
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SU1'MARY OF zrnE DISTRICTS
ZOOE DISTRICTS
Rural Density Residen t ial
Low Density Residential
Medil.Dn Density Residential
Central Area Residential
M:>bile Hane Residential
Neighb:Jrlx:x:rl canrercial
Office Park
Business Center
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(LDR)
(MDR)
(CAR)
(MHR)
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SUW>1ARY OF ZCNE DISTRICTS
ZOOE DISTRICTS
Rural Density Residential
IJJw Density Residential
1-'edium Density Residential
Central Area Residential
1'bbile Hane Residential
Neighlx>rloxl Comercial
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Business Center
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REQUEST
APPLICANT
PROPERTY OWNER
PROJECT SIZE
EXISTING ZONING
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PROJECT INFORMATION AND STAFF COMMENTS
Special Use Permit
URSA Operating Company LLC
EXHIBIT
I F_
PC
September 23, 2015
PDPA -08 -15-8378
Battlement Mesa Land Investments & Battlement
Mesa p a rtners
Approx i mately 13 acres of surface area will be
impacte d by the Pipeline Construction reflected by
a 50 ft. temporary construction easement and
several T emporary Work Areas and Staging Areas .
The property is zoned Planned Unit Development
(PUD) fo r the Battlement Mesa PUD
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I. GENERAL PROJECT DESCRIPTION
URSA Operating Company is requesting a Special Use Permit for a 2.5 mile steel pipeline (varying
from 1211 and 1611 in width) that will gather natural gas from two proposed well pads (B Pad and
D Pad) and transport it to a location just outside Battlement Mesa PUD. In addition to the gas
pipeline will be two 811 high density polyethylene water pipelines collocated i n the same trench
as the natural gas pipeline. The pipelines are to be l ocated in an easement t hat will be 50 feet
wide while the pipeline is installed then reduced to a permanent 25 foot easement once the
project is completed. The trench will have a minimum coverage of 48 inches in depth.
Generally, the Pipeline will begin at the B Pad located below County Road (CR) 307 and north of
the Battlement Mesa RV I Boat Storage area and wil l be bored underground in a NE direction
under CR 307 (River Bluff Road) to the D Pad. From the D Pad, it will continue eastward to the
NW corner of Valley View Village and then proceed southward along the west Valley View Village
boundary then southeasterly to cross Stone Quarry Road and CR 300 (via bore action), then
westerly along CR 302 where it will tie into the Batt l ement Mesa Metropolitan District water
connection on CR 302 (Underwood Lane), then continues westerly to cross CR 308 (via bore
action) then heads due south to tie into an existing water and gas line.
The purpose of the twin 8 inch water lines is to be able to provide water to the drilling and
completions activity on the proposed Band D Pads (proposing 25 and 28 wells respectively) as
well as conveying produced water for disposal from the completed pads. The entire pipeline
length crosses lands owned and controlled enti r ely by Battlement Mesa Land Investments and
Battlement Mesa Partners. All crossings with County roads are to be bored underneath the
roads with a substantial bore from the B pad to the D pad. The pipeline construction will take
18 weeks to complete (assuming a 5 day work week) beginning in 2016, if approved.
II. REFFERAL AGENCY COMMENTS
Public Notice was provided for the public hearing in accordance with the Garfield County Land
Use and Development Code as amended and the Garfield County Zoning Resolution of 2008.
Notice included publication, mailing and posting. The Applicant has provided evidence of
compliance with the notice requirements. Comments from formal referral agencies and County
Departments specific to the pipeline are summarized below and attached as Exhibits. Other
public comments are also attached as Exhibits.
1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering:
a) The Applicant should include fittings or transition necessary to transition from a
1211 pipe to a 1611 pipe at station 47+00.
b) There are two horizontal bends proposed in an area of pipeline that is proposed
to be bored beneath Stone Quarry Road, station 59+37 to station 61+87. The
Applicant should discuss the feasibility of constructing 45Q and 87Q bends in
borings.
c) The Applicant should provide a detail fo r the proposed valve sets .
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d) The typical trench section should be revised to match the Garfield County
conditions for pipeline installations. The note on the cover should be revised to
reference these conditions also.
e) The "Integrated Vegetation and Noxious Weed Management Plan" prepared by West
Water Engineering identified locations along the pipeline that had riparian areas and
wetlands. The Applicant should identify if an y permitting was obtained and/or necessary
and the mitigation that was implemented. Specific construction m itigation necessary
should be included on the plan sheets .
2. Grand Valley Fire Protection District, Rob Ferguson Deputy Fire Chief: Commented that the
District does not have any objections or furthe r requirements for the pipeline special use
permit.
3. CDPHE, Ingrid Hewitson, Air Quality Planner, Air Pollution Control Division: Provided general
information on the CDPHE permitting requirements .
4. Garfield County Road and Bridge, District 3 Superintendent, Dan Goin:
a) Noted that if the bores are not successful they will need to get road cut permits and
patch roadways .
b) Indicated that the Applicant will be responsible for repairing any damage to roadways or
curbs.
c) Noted that construction must be done to maintain current drainage and allow for future
maintenance of.drainage.
5. Town of Parachute, Michael Erion Water Enginee r/Consultant noted that the project is not
located within the Town's Watershed Protection District and had no objections to the
project.
6. Garfield County Vegetation Manager, Steve Ant hony:
a) Indicated that the Noxious Weed Inventory and Management Plan and proposed seed
mixes are acceptable .
b) Recommends treating all inventoried weeds within the 30 foot survey prior to October
31, 2015.
c) Recommended a $32,500 security for re-vegetation (based on 13 acres of disturbance).
7. Garfield County Oil and Gas Liaison:
a) Suggests that given the pipeline proximity to residential and other development,
appropriate nuisance and safety best m anagement practices (BMPs) should be
considered as conditions of approval.
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b) Suggest operator be encouraged to thoughtfully plan the pipeline construction to
minimize night-time disturbance to nearby residences and to ensure area residents are
well informed about whom they may call at URSA if nuisance issues arise.
c) Also encourage thoughtful planning for the location of any pipeline maintenance
structures and pressure relief valves such that they do not create a long-term,
intermittent nuisance issue for nearby residents.
8. Colorado Parks and Wildlife, Scott Hoyer, District Wildlife Manager, Parachute: Noted that
the scope and actions of this project are addressed in the 2010 Wildlife Mitigation Plan
(WMP) between CPW and Ursa.
9. Battlement Mesa Oil and Gas Committee, Chuck Hall: Commented in support of the
installation indicating that it should reduce truck traffic.
Ill. STAFF COMMENTS AND ANALYSIS-PIPELINE REVIEW CRITERIA
The following excerpts are from Article 9, Section 9-104 Review Criteria for Pipeline Land Use
Change Permits.
9-104 REVIEW CRITERIA.
An application for a pipeline shall be approved, conditionally approved, or denied in accordance
with the following standards and criteria:
A. Located Along Perimeters.
As a general guide, rights-of-way and any associated facilities shall be located along the
perimeters of surface property ownerships and not within areas of agricultural crop production.
Nonperimeter locations will be acceptable if the surface owner agrees and there is no adverse
impact on adjacent properties.
Response: The pipeline alignment is
located primarily along County Road
alignments where possible and does
not cross any areas with active
agricultural crop production. The
alignment does run along the west and
south perimeter of the Valley View
Village neighborhood (a linear distance
of approximately 1,300 feet) along the
backyard lines of some 22 single-family
and multi-family dwelling units. Due to
the close proximity with the homes in
Valley View Village, Staff suggests the
Operator construct that portion of the
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pipeline using a more aggressive schedule in order to get beyond these properties more quickly .
Consider the comments provided by the County Oil & Gas Liaison:
a) Suggests that given the pipeline proximity to residential and other development,
appropriate nuisance and safety best management practices (BMPs) should be
considered as conditions of approval.
b) Suggest operator be encouraged to thoughtfully plan the pipeline construction to
minimize night-time disturbance to nearby residences and to ensure area residents are
well informed about whom they may call at URSA if nuisance issues arise.
c) Also encourage thoughtful planning for the location of any pipeline maintenance
structures and pressure relief valves such that they do not create a long-term,
intermittent nuisance issue for nearby residents .
B. Noise Abatement.
1. Any equipment used in construction or operation of a pipeline must comply with either
the COGCC Rules and Regulations in regards to noise abatement or C.R .S. Article 12 of Title 25,
as appropriate for the type of pipeline .
2. All power sources used in pipeline operations shall have electric motors or muffled
internal combustion engines.
Response: Compliance with COGCC rules regarding noise abatement shall be required as a
condition of approval. Once the pipeline is comp l eted, it will comply with the Residential I
Agricultural / Rural Zone in the COGCC rules . The pipeline does not propose any compressor
stations or pump stations along the alignment. A condition should be added to require that any
future pumping equipment located along the alignment or within well pads serving the pipeline
shall utilize electric motors or muffled internal combustion engines. The Applicant's construction
schedule anticipates work Monday-Friday with the option for 7 days a week if necessary. While
this schedule raises some concerns regarding impacts on neighboring properties it is mitigated
by the limitation of work to daylight hours only.
C. Visual Impact.
Pipeline operations shall be located in a manner to minimize their visual impact and disturbance
of the land surface.
Response: The pipeline construction is planned to utilize a maximum of a 50 ft . wide
construction easement. The alignment follows existing disturbed and re-vegetated areas along
County Roads, private roads, and existing pipeline corridors. The plans propose three bores
under county roads to further minimize impacts. Compliance with the re-vegetation and weed
management plans shall be required by conditions of approval.
D. Access Points to Public Roads.
Access points to public roads shall be reviewed by the County Road and Bridge Department. All
access and oversize or overweight vehicle permits must be obtained from the County Road and
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Bridge Department prior to beginning operation. All proposed transportation rights-of-way to
the site shall also be reviewed and approved by the County Road and Bridge Department to
minimize traffic hazards and adverse impacts on pub lic roadways. Existing roads shall be used
to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse
surface impacts clearly dictate otherwise. Any new roads created as a result of the pipeline
construction, intended to be permanent for maintenance and repair operations, shall be placed
behind a locked gate or other barriers, preventing use by Recreational Vehicles . Any gates or
barriers need to be consistent with the surface owner's preferences.
Response: Compliance with Road and Bridge requirements including access permits, bore
permits, and Oversize/Overweight permits shall be required. Limited areas of new road
construction are proposed for the corridor as the primary access is by existing County Roads and
private ranch access roadways. Access and private roadways are addressed in the Surface Use
Agreements. Several gates limiting access are currently in place.
E. Air Contaminant Emissions.
Air contaminant emissions shall be in compliance with the applicable permit and control
provisions of the Colorado Air Pollution Prevention and Control Act, C.R.S ., Title 25, Article 7.
Response: Referral comments from the CDPHE noted general information on CDPHE permitting
requirements. The Applicant shall be required to provide evidence of permitting with CDPHE if
required and ongoing compliance with any conditions of the permits. Current estimates are for
13 acres of disturbed area. Dust control plans and implementation of re-vegetation plans are
anticipated to minimize air quality impacts during construction.
F. Water Quality Control Standards.
All operations shall comply with all applicable CDPHE Water Quality Control Standards.
Response: The proposed pipeline is not located within the Parachute Watershed Protection
District and the Applicant has applied for a Town Watershed Permit. Issuance of the permit and
compliance with the terms of the permit should be required as a condition of the County
approvals. Water used for pressure testing will be properly disposed of pursuant to the
Applicant's representations. The Applicant has overall Stormwater Permitting in place with
CDPHE. The pipeline construction plans contain Best Management Practices to avoid impacts
to water quality during construction. Re-vegetation plans and site reclamation are designed to
avoid impacts on water quality. The Application contains a valid Stormwate r Management Plan
that contains a variety of BMPs that will be implemented in the construction of the pipeline.
The Sensitive Area Survey in the application prepared by Westwater Engineering indicates
potential conflicts with wetlands (particularly around the B pad location) and Waters of the US
for small drainage crossings along the proposed p i peline route. The report recommended
consultation with the US Corps of Engineers to determine in wetlands and Waters of the US are
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present thereby require any permitting or avoidance action. This is suggested as a condition of
approval.
G. Reclamation Plan.
The proposed Reclamation Plan shall provide for a re asonable reclamation schedule in light of
the specific surface use and surrounding land uses, and may require recontouring and
revegetation of the surface to pre-disturbance condi tions. The Director may also approve a plan
for an alternative post-disturbance reclamation, provided the surface owner and the Applicant
agree.
Response: The Application submittal contains reclamation and re-vegetation plans including
details on timing, interim reclamation, use of BMP's to avoid soil erosion, seed mix, final
reclamation, minimum vegetative cover, and soil treatment to avoid compaction. Pursuant to
referral comments from the Garfield County Veg etation Manager compliance with County
Standards for re-vegetation shall be required along with security for re-vegetation at $32,500 .
The terms and conditions of the revegetation plan shall be considered conditions of approval.
H. Removal of Abandoned Pipeline.
Should an abandoned pipeline be removed, it will b e subject to the original revegetation and
weed management requirements in the original application .
Response: Abandonment of the pipeline would be subject to COGCC Regulations . Should it be
removed current re-vegetation plans, standards, and representations along with the provision
of appropriate security shall apply.
IV. STAFF ANALYSIS-SPECIAL USE PERMIT CRITERIA
The Special Use Permit Criteria from the Garfield County Zoning Resolution of 1978 are outlined
below.
(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.
Response : Short term demand for potable water and sanitation facilities during construction will
be provided by portable facilities typical for constru ct ion projects and in compliance with OSHA
requirements. No long term facilities will be required for operation of the pipeline. Battlement
Mesa Metropolitan District will provide non-potable water for the pressure testing of the lines
as evidenced by their contract.
(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 .
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Response: The Applicant has provided a traffic assessment that addresses adequacy of access
and any impacts on adjacent County Roads. The report includes estimates on traffic generation,
timelines for when it will be generated, and types of vehicles . The report concludes that" ... the
increase traffic during construction ofthe proposed p i peline is not expected t o be significant on
roads generally used by the public" and that the pipeline construction traffic does not increase
existing volumes to levels required for State or County permits. An excerpt from the Traffic
Report showing estimated traffic generation is shown below.
Table 3: Construction T raffic Projections
Roadway Bkgd. Maximum Daily Percent Total 18 Week
Traffic Construction Traffic Increase Construction Traffic
CR 215 720 12 2% 840
CR 300W 4770 16 <1% 570
CR 300N 6840 12 <1 % 420
CR 300E 670 12 2% 420
CR 300 500 20 4% 3 10
CR 3000 240 20 8% 310
CR 302 120 20 17% 730
CR 303 470 20 4% 310
CR 307 270 16 6% 200
CR 308 360 20 6% 730
The report indicates that most intersections will be adequate while noting a sight distance
concern at the County Road 308 and East Valley Road (County Road 300E) intersection. A
condition of approval should require coordination w ith the County Road and Bridge Department
regarding any needed sigh t distance improvements such as vegetation removal that may be
required at that location .
(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.
Response: Mitigation of impacts are addressed in the Application submittals reflecting day light
hours for construction, no l ighting, noise complian ce, and no long term compression or pump
stations located on the alignment. Limiting constru ction to six days a week is recommended by
staff with allowance for the applicant to request cons t ruction on Sundays subject to approval by
the Board of County Commissioners at a public meeting. Due to the temporary nature of the
construction impacts no screening is proposed. The use of boring in key sections and the
alignment itself minimizes impacts .
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Section 5.03
(1) The applicant for a permit for industrial operations shall prepare and submit to the
Planning Director two (2) copies of an impact state ment on the proposed use prescribing its
location, scope, design and construction schedule, including an explanation of its operational
characteristics. The impact statement shall show t hat the use shall be designed and operated
in compliance with all applicable laws and regu lations of the County, State and Federal
Governments, and will not have a significant adverse effect upon:
(a) Existing lawful use of water through depletio n 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 emanations;
(c) Wildlife and domestic animals through creation of hazardous attractions, alteration of
existing native vegetation, blockade of migra tion routes, use patterns or other
disruptions;
Response: The Applicat ion contains an adequate Sto rm wate r Management Pl an; however, given
the proximity to potential wetlands and potential w aters of the US, consu ltation with the US
Corps of Engineers is recommended prior to the ap p roval of a Special Use Permit . There will be
limited dust generation possible vibra t ion coul d occur from heavy machinery from the
installation of the pipeline . This activ ity is expect ed to be very short i n duration and a dust
mitigation plan is contained that shall be impleme nt ed as a cond ition of approval. There are
limited and temporary impacts to wildlife; however, t he Colorado parks and Wildlife has entered
into a management plan with URS to manage these short term impacts.
(2) Truck and automobile traffic to and from such uses shall not create hazards or nuisance to
areas elsewhere in the County;
Response: The Applicant has provided a traffic ass es sment that addresses adequacy of access
and any impacts on adjacent County Roads. The rep o rt includes estimates on traffic generation,
timelines for when it will be generated, and types o f vehicles. The report co ncludes that" ... the
increase traffic during construction of the proposed pipeline is not expected to be significant on
roads generally used by the public" and that the pi pe line construction traffic does not increase
existing volumes to levels required for St ate or Cou nty permits. The report indicates that most
intersections will be adequate while noting a sight d is tance concern at the County Road 308 and
East Valley Road (County Road 300E) intersection. Once constructed, there will be virtually no
traffic associated with the pipeline. A main desire fo r the pipeline is to eliminate traffic on the
road. A condition of approval should require coord i nation with the County Road and Bridge
Department regarding any needed sight distance im p rovements such as vegetation removal that
may be required at that location .
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(3) Sufficient distances shall separate such use from abutting property which might otherwise be
damaged by operations of the proposed uses;
Response : As noted earlier, the pipeline construct io n will occur over an aggressive 18 week
duration . However, the alignment does run along t h e west and south perimeter of the Valley
View Village neighborhood (a linear distance of app r oximately 1,300 feet) along the backyard
lines of some 22 single-family and multi-family dwelling units . This is the section that is the
closest to any residential uses. While short in dura ti on along this section, there will be noise,
dust and possibly fume impacts associated wit h the construct i on. Once the pipeline is
completed, these impacts will discontinue for the life of the pipeline. It is suggested the Operator
meet with these residents of Valley View Village prior and during construction to inform them
of their plans, timing, and what to expect during th e construction portion adjacent to their
homes . This may include a website so that residents can monitor progress on a daily basis.
(4) At the discretion of the County Commissioners additional information supplementing the
impact statement may be required. Such request for additional information shall be in
writing and shall be given to the applicant not later t han forty-five (45) days after the filing
of the impact statement.
(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;
(a ) The plan for site rehabilitation shall be s ubmitted to the Planning Director with
the impact statement, 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/or special or
conditional use is issued, if required. Th e applicant shall furnish evidence of a
bank commitment of credit, or bond, or certified check or other security deemed
acceptable by the County Commissioners in the amount calculated by the County
Commissioners to secure the execution of the site rehabilitation plan in
workmanlike manner and in accordance with the specifications and construction
schedule established or approved by th e County Commissioners . Such
commitments, bonds, or check shall be payable to and held by the County
Commissioners:
Response: The Application submittal contains recl amation and re -vegetation plans including
details on timing, interim reclamation, use of BMP's to avoid soil erosion, seed mix, final
reclamation, minimum vegetative cover, and soil t r eatment to avoid compaction. Pursuant to
referral comments from the Garfield County Veg et ation Manager compliance w ith County
Standards for re -vegetation shall be required along with security for re -vegetation at $32,500.
The terms and conditions of the revegetation plan shall be considered cond itions of approval.
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Section 5.03.08
Industrial Performance Standards: All industrial operations in Garfield County shall
comply with applicable County, State, and Federal regulations regulating water, air and
noise pollution and shall not be conducted in a manner constituting a public nuisance or
hazard. Operations shall be conducted in such a manner as to minimize heat, dust,
smoke, vibration, glare and odor and all other undesirable environmental effects beyond
the boundaries of the property in which such uses are located, in accord with the
following standards:
{1} Volume of 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;
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(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 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
safeguards designed to comply with the Regulations of the Environmental Protection Agency
before operation of the facilities may begin. All percolation tests or ground water resource tests
as may be required by local or State Health Officers must be met before operation of the facilities
may begin.
Response: These regulations listed above are performance regulations which means they will
apply as conditions as long as the use is operating. Note, volume of sound is regulated by
COGCC 800 Series which differs from Section 5.03.08(1) above.
V. COMPREHEINSIVE PLAN 2030
Response: The Garfield County Comprehensive Plan 2030, as amended, identifies the
Battlement Mesa PUD as an "unincorporated community" which is further defined as set/-
contained subdivisions that contain town and neighborhood centers primarily to serve their
own populations. Their infrastructure and certain governmental functions are provided by one
or more special districts. Compatible zoning is identifies as residential urban, commercial
limited, commercial general, and planned unit development. Battlement Mesa PUD was a
fundamental example when this designation was crafted. The elements ofthe Plan that are the
most germane to this application include 1) economy, employment and tourism, 2) natural
resources, and 3) mineral extraction. Staff finds t h at the development of the pipeline is in
general conformance with the County's Comprehensive Plan demonstrated by the following
policies, goals and vision contained within the plan so long as adequate mitigations can be
properly implemented to minimize adverse impacts :
Economy, Employment and Tourism:
Goal: Maintain a strong and diverse economic base (fo r both employment and income generation).
Policy : Garfield County will encourage the development of a diversified industrial base recognizing
physical location-to market capabilities of the community, and the social and environmental
impacts of industrial uses .
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Strategy & Action : Ensure that commercial/industrial developments are compatible with
adjacent land uses and preserve th e visual quality of the county.
Natural Resources
Goal: Ensure that natural, scenic, ecological, and critic al wildlife habitat resources are protected
and/or impacts mitigated.
Ensure the appropriate reclamation of land after extraction processes.
Mineral Extraction
Vision: Resource extraction, including oil and gas development, has been encouraged to remain in the
county due to their contribution they make to the county's overall goal of having a diverse and
stable economy. While resource industries are welcomed in the county, they have been
expected to fairly mitigate negative impacts that might have resulted due to their operations .
Goals: Ensure that mineral extraction is regulated appropriately to promote responsible development
and provide benefit to the general public.
Ensure that mineral extraction activities mitigate their effects on the natural environment,
including air quality, water quality, wildlife habitat or important visual resources.
In working with mineral extraction projects, the county will protect the public health, safety
and welfare of its citizens.
Policies: Garfield County recognizes that surface and mineral owners have certain legal rights
and privileges, including the right to extract and develop these interests . Private property
owners a/so have certain legal rights and privileges, including the right to have the
mineral estate developed in a reaso nable manner and to have adverse impacts
mitigated. The property rights of mineral lessees must be balanced with the rights of
private property owners and the general public.
Mineral resource extraction activities will protec t critical wildlife habitat as identified
by state and federal agencies. Development w i thin these designations that cannot be
designed, constructed and conducted so as to have a minimum adverse impact upon
such habitat or these wildlife species, shall be discouraged.
VI. BATTLEMENT MESA HEALTH IMPACT ANALYSIS
In 2009, the Garfield County Board of County Comm i ssioners commissioned the Colorado School
of Public Health (CSPH) to conduct a Health Impact Assessment (HIA) in order to address citizen
concerns about health impacts of natural gas development and production in the Battlement
Mesa Planned Unit Development (PUD). The HIA scope of work was informed by citizen concerns
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and was limited to Battlement Mesa. The HIA proc ess included stakeholder participation and
review . The two primary functions of the HIA are to :
1) Identify ways in which Antero's proposed na tu ral gas development project can affect
the health of the Battlement Mesa residents ; and
2) Develop a priority list of recommendations t o minimize the potential health impacts of
Antero's proposed project.
A 2nd draft was completed in 2011; however, the Bo ard of County Commissioners voted not to
extend a contract with the University of Colorado School of Public Health to produce a final
report for the Battlement Mesa Health Impact Asses sment. At the time the contract was ended,
the BOCC did acknowledge their intent to use the d ocument at the time an application to drill
in Battement Mesa was submitted to the County.
Staff has requested the Applicant to respond directly to the some 70+ recommendations
suggested in the HIA for the benefit of the decisio n makers; however, the required land use
review in this memorandum is focused solely on the r ules and regulations adopted and required
by the BOCC. The Applicant has been addressing porti ons of the HIA in their community outreach
meetings, but is also prepared to address the HI A in their presentation to the Planning
Commission and the Board of County Commission e rs . While the HIA is not a legally binding
document and does not contain any rules or re gu lations adopted by the BOCC, Staff has
identified the suggested COAs here for consideratio n .
1. Install a fully functional water storage facility an d pipeline network before any
development of well pads in the Battlement Mesa .
2. Conduct monthly inspection of water and gas pi peline for leaks to prevent water and soi l
pollution and that the results of the inspectio ns be posted on the Garfield County Website .
3. Notify the sheriff and fire department one we ek prior to well drilling, hydraulic fracturing,
flow back, and pipeline pigging activities .
4. Adhere to its best management practices for pi pelines and all COG CC rules throughout the
life of the project as a condition of the special use permit.
5. Require all gas pipelines to follow established t ruck haul routes and allow no gas pipelines
through the center of the PUD.
6. Assign a county inspector to oversee and insp ect all pipeline construction and maintenance
in the PUD .
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VII . SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Planning
Commission and Board of County Commissioners.
2. The hearing was extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard at the meeting.
3. For the above stated and other reasons, the proposed Special Use Permit and Pipeline
Land Use Change Permit is in the best interest of the health, safety, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4 . That with the adoption of conditions, the application is in general conformance with the
2030 Comprehensive Plan, as amended.
5. That with the adoptions of conditions and the application has adequately met the
Pipeline Review Criteria contained in Section 9-104 of the Land Use and Development Code, as
amended and the Special Use Permit Criteria contained in the Garfield County Land Use
Resolution of 1978 as amended .
VIII. RECOMMENDATION
Staff recommends the Planning Commission forward a recommendation of approval to the
Board of County Commissions for the proposed Special Use Permit for a Pipeline with the
following suggested findings and conditions.
1. That all representations of the Applicant, eithe r i n testimony or the submitted application
materials, shall be considered conditions of approval unless specifically altered by the Board
of County Commissioners.
2. That the Pipeline shall be operated in accordance with all applicable Federal, State and local
regulations governing the operation of this type of facility.
3. Prior to issuance of the Special Use Permit, the Applicant shall provide additional operational
procedures for monitoring protocol for the p ipeline for leak or spill detection. Said
procedures will be included in the Emergency Response Plan or as an addendum to said plan .
The Applicant shall comply with all provisions o f the SPCC Plan including spill response and
clean-up.
4. Prior to issuance of the Special Use Permit, the Applicant shall provide an assessment by a
qualified professional that no Army Corp of Engineer's Permits are required for the proposed
pipeline or referral comments from the Army Corp of Engineers confirming that no
permitting is required. If permits are required they shall be obtained and submitted to the
15
• County prior to issuance of the Special Use Permit .
5. Prior to issuance of the Special Use Permit, the Applicant shall provide security in a form
acceptable to the County Attorney's Office in the amount of $32,500 for re-vegetation. The
Applicant shall comply with the representations i n their Weed Management Plan and shall
comply with the Reclamation Standards contained in the Garfield County Weed
Management Plan as noted in the referral comments from the County Vegetation Manager
dated September 11, 2015.
6. Prior to initiating construction, the Applicant shall consult with the County Road and Bridge
Supervisor regarding sight distance improvements at the County Road 308 and East
Battlement Parkway intersection. Any recommended changes or improvements shall be
required prior to initiating construction.
7. Prior to initiating construction the Applicant shall obtain all required permits from the Road
and Bridge Department including but not limited to permits for boring, road cuts, overweight
or oversize vehicles, temporary access, and grading within the right-of-way. Compliance
with all conditions of the Road and Bridge permits shall be required. The Applicant shall be
responsible for repair of any damage to roadways or curbs .
8. Prior to initiating construction the Applicant shall submit for approval by the Road and Bridge
Supervisor traffic control plans including areas adjacent to the County Road Right of Way,
construction access points, proposed bore locations and potential road cuts or the Applicant
can demonstrate that traffic control plans are addressed in the applicable Road and Bridge
Permits.
9. The Applicant shall coordinate with the County Road and Bridge Department during
construction including field inspections as needed to ensure that minimum pipeline depths
are maintained and to ensure construction is done in a manner that maintains current
drainage along County Roads and avoids conflict s with future drainage. The Applicant shall
install posts/markers along key sections of the pipeline indicating depth to the pipeline.
Maintaining drainage shall be the responsibility of the pipeline operator subject to approval
by the Road and Bridge Supervisor.
10. The pipeline shall maintain compliance with CDPHE Storm Water Management Permits,
Drainage and Soil Erosion Protection, BMP's, Reclamation and Re-vegetation Plans, and
Weed Management Plans .
11. The Applicant shall comply with all COGCC rules and regulations regarding the pipeline
facility including but not limited to reclamation and decommissioning.
12 . The Applicant shall maintain compliance with COGCC Rules and Regulations in regards to
noise abatement and C.R.S. Article 12 of Title 25, noise standards as appropriate. Any
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pumping stations required for operation of the pipeline shall utilize electric pumps or
muffled internal combustion motors.
13. The Applicant shall maintain all required CDPHE permits for the facility including any
applicable air quality APEN permits.
14. The Applicant shall comply with the Battlement Mesa Wildlife Mitigation Plan -Agreement
between Ursa Operating Company and CPW including any wildlife protection or mitigation
requirements. The Applicant shall comply with r ecommendations of the Sensitive Areas
Survey completed by Westwater Engineering Inc. dated June 2015, including but not limited
to weed management, re-vegetation, avoiding construction during nesting seasons, and
temporary safety fencing for open trenches as needed.
15. In accordance with Section 9-103 (J), upon completion of the pipeline the Applicant shall
submit an engineer's statement certifying compliance with the conditions of the Land Use
Change Permit and a digital copy of the surveyed p ipeline as built.
16. Potable water and sanitation shall be addressed during construction by provision of portable
facilities in compliance with OSHA requirements.
17. The Operator shall commit to ensuring truckloads of dirt, sand, aggregate materials, drilling
cuttings, and similar materials are covered to reduce dust and PM emissions .
18. The construction of the Pipeline shall be limited to the hours of 7 :00 AM to 7:00 PM, Monday
through Saturday.
19. All extraction and processing activities shall be required to comply with the following
performance standards:
(1) Volume of the sound generated: The noi se shall be required to meet the
standards in COGCC Rule 800 Series.
(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
17
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existing use of the 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 transfe r red off the property by any reasonable
foreseeable natural causes or forces;
(d) All materials or wastes which might constitute a fire hazard or which may be
edible by or otherwise be attractive to rodents or insects shall be stored outdoors
in accordance with applicable State Board of Health Regulation;
(6) Water pollution: in a case in which potential hazards exist, it shall be
necessary to install safeguards designed to comply with the Regulations of the
Environmental Protection Agency before operation of the facilities may begin.
20 . The Operator shall provide information to the residents of Valley View Village prior and
during construction to inform them of their plans, timing, and what to expect during the
construction portion adjacent to their homes .
21. Prior to the issuance of a Special Use Permit, the Applicant shall address the comments
prepared by Garfield County Consulting Engineer, Chris Hale, Mountain Cross
Engineering:
a) The Applicant should include fittings or transition necessary to transition from
a 12" pipe to a 16" pipe at station 47+00.
b) There are two horizontal bends proposed in an area of pipeline that is proposed
to be bored beneath Stone Quarry Road, station 59+37 to station 61 +87. The
Applicant should discuss the feasibility of constructing 452 and 872 bends in
borings .
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c) The Applicant should provide a detail for the proposed valve sets .
d) The typical trench section should be revised to match the Garfield County
conditions for pipeline installations. The note on the cover should be revised
to reference these conditions also.
e) The "Integrated Vegetation and Noxious Weed Management Plan" prepared by West
Water Engineering identified locations along the pipeline that had riparian areas and
wetlands. The Applicant should identify if any permitting was obtained and/or
necessary and the mitigation that was implemented. Specific construction mitigation
necessary should be included on the plan sheets.
IX. RECOMMENDED MOTION
"I will make a motion to recommend the Board of County Commissioners approve the Special
Use Permit Application for the URSA natural gas and water pipeline with the specific findings
and conditions as contained herein."
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t, '; •1ly j j., dy
( l'1 ;~•i'1 ,, l'-~ c ~;i/._,_.
(L<-)f"1l f /IJ7/~
/_ 'f 1 rv. )1 'Vl • /V•i'w ) --)
Project Overview
Applicant: Battlement Mesa Land Investments & Battlement Mesa Porlners (Surface Owner)
Urso Operating Company (Operator)·.>
. ,\,;1~;!(;:'i.::,
Request: Speclal Use Pe1mits to drill 53 natural gas wells on two well pods and
Install a 12" -16" gas pipeline and co-loco.1ed twin 8" water lines to serve the pads
,•(fr\~ifA}'.
Zoning: Battlement Mesa Planned Unit Development with subzones:
Public I Semi-Public I Recreation:{B pod Location}
Low Density Residential: (0 pod Location} A'';'
low Density Residential. Pub!lc / Seml-Publlc / Recreation, and
Neighborhood Commercial {pipeline location)
Loco lion: Settlement Mesa PUD {unincorporated Garfield County)
9/23/2015
EXHIBIT
'i
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PUD His t ory
1) Suill by E.ioton in tote 1970s during the iniliol deve!opmenl of Oil Shole to occornmodole 26 ,CO)
re~i den1s
2) The BOCC approved 1he Planned Uni! Development 1zoning & Reguto!ions) in 1982 with Resolution 82-
121 that lisled ·'Exbaction of Naturol Resources~ o~ a Special Use in oH sub :zone districts.
3) In l 981. Exxon sold !he surface da~·~10P~~n1''J,'g ~~bsidiary Battlement Mesa Inc. res<::rving lhe mine1ol
in!erests. ,~(;:~.;'~\ft.81;:~·;:
4) ln 1989. Battlement Mesa for!ners and Won singed o letrer, recorded in the County Clstk &
recOfder's Office tho! inch.>i:jed lerms of SJ.Jttoce and gas developmenl and contained a ··0rrn Sites
Mop" !hot identified 14pqd locolioru !hroughool lhe PUO.
:'· ... ';.:~'\;)f(,,_'..«~':!{/t~:·(,,i,'.'
5) Since 1989. those Exxon minerals have been tamed !o Botrelt ihen An!ero, and now, Urso with !he
SUAs ond associaled Drill Site Mops rec.ordo:!d in !he Office ct !he Clerk and Recorder.
6) While !eased by Sonell, over 2'2 we!!s hove been drilled \on two pods) since 1990; with Special Usl:l
Permit opproval by !he BOCC as recent os 2(X)9.
7) With the purchase ot a lot in Battlemenl Mesa. the SUAs and D1iU Site Moos appear in !he chain of 1it1e
m exc ep!ions to til!e. !Refer !o Exhibit Z)
9/23/2015
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County Regulations & Process
1)~:
A. Resolutlon 82-121: Battlemen t Mesa PUD zoning and reguto tlons
B. Garfield County Zoning .Resol~t ionOr 1'979. as amended
·;~,:)·_.::::f<'
C. Garfield County Land and Develop ment Code of 20 13. a s amended
;;;:9;itf'.~''
o. Garfield County C o mpr ehery~_~ViP!~~ ;,,'~§
2) Process: (Moj or Impact_ Review) ':2~'.i-~~~*'~~~::f
A. Staff Review: Three se p arate Applfca flons (6 Pod. 0 p o d and Pipeline)
8. Pu b lic Hearing: Planning Commission Review and Recommendation to BOCC
C. Public Hearing: BOCC makes final decision
Garfield County Comprehensive Plan
2030
1 J Bafflement Mesa PUO = Unincorpora ted Com munity PUD is noted as compatible designation)
2J Visions I Policies I Goals:
A. Economy. Employment and T~u~~~~:'.';"-';.
8. Natural Resources \:S~' '
c. Mineral Extraction ? ·\'''
Gorlield County recognizes thot surfoCe "a~d.',;,i~rol owners hove certain lega/ nghts and
privileges. including the nght to edract and develop these interests. Private property owners also
have certain legal rights and privileges, including the right to ha ve the mineral estate developed
in a reasonable manner and to have adverse impa cts mitigated. The property rights of mineral
lessees must be balanced with the rights of private property owners and fhe general public.
9 /23/2015
3
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Battlement Mesa Health Impact
Assessment (HIA)
1 J 2009. BOCC commissioned fhe University of Colorado School of Publlc Health lo prepare a
Health tmpocl Assessment with 2 primary goals:
A. Identify ways In which Anter~·~: {~~~:·J-rsoJ proposed natural gos development project
con affect the health of the Battlement Mesa residenh; and
~·'-:·'.;~bJ;~'.ff;i'S: \·'
B. Develop o priority llst of recommendations to minimize the potential health Impacts of
Antero's proposed project{t:'~~-1'.~,'i:·-'.'·~: ;;,:c.~~'"'"1'·:;0,:~•-:r.f'
2) In authors and county agreed the 2nd draft should be considered the last/best draft as is
versus extending the contract to allow for additional reviews and drafts. It was never
completed or adopted.
3) BOCC indicofed a wHHngness to consider the draft during the land use review process.
4) This 1eview considers specific COAs suggested in the HIA. Additionally. U1sa wlll directly
address the HIA recommendations in full in this meeting.
9/23/2015
4
9/23/2015
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50Jl'I\• . ~ '"". \ ~
"uJht.\1 "'·11"''
i,o.IN.\)
9/23/2015
6
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Emissions I Air Quality
1) Garfield County does not have specific emissions/ air quality rules : it relies on CDPHE /
COGCC rules.
2) B Pod developmentwm generate dust. odors. and chemlcat emissions into the afmosphere.
3) Application provides:
A. Oust Mitigation Pion & required APEN Permit
B. Emission IVOC) controls Including <>i:.:·
1. Gceen Complellons {tow emissions flowbock controls)
2. Tank vent emissions control through on site combustion
3. Methane leak detection systems _':'~In_~ iflfra1ed camera technology
4. Nuisance Response Program · ·
4) Staff suggest requiring that rather than routing production tonk venting emissions through
a voe combustor operated with outo-ignlters. the Operator use vapor 1ecove1y
technology to further reduce emissions and associated odors. (Supported by HIA)
5) Stoff suggests the Applicant refine the nuisance response program protocols so that It has
an immediate and guo1onteed reaction and issue addressing time frame.
9/23/2015
7
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Sta ff Reco m men dation: Approval wit h
Conditions
Notable Conditions (continued)
K. Develop a more formalized 24 I 7 fast action Nuisance Response Program {HtAJ
l. Demonstrate tho1ough research that proposed BMPs 01e the best current
technology on emissions contro1 ·J:Ai~:t\.\T
M. Quarterly Update to BOCC or Energy Advisory Boord (EABJ on progress {HIA)
N. Provide calculot!on details as to the defen tion pond releme flows
0. Provide a slle specific SPCC P!on for 8 pod
P. Implement an air quality monitoring program at the B Pad focused on voe
emissions (similar to H1A) ····.· \>·<J> ·· ·
Q. All cuttings shall be removed from the site ·
R. Install a secondary 8-Meso Metro District water Intake connection upstream from
the pad locotfon for use in emergency conditions
9/23/2015
8
9/23/2015
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D Pad: Emissions I Air Quality
I) Cortield County does not have specific emissions/ air quality rules: it relies on CDP HE/
COGCC rules.
2) D Pad development will generate dust, odors. and chemical emissions into the otmosphe1e.
3) Application provides:
A. Dust Millgotron Plan & 1equ!red APEN pe1mit
B. Emission fVOC) controls Including i.~_.\l!ti:'?\' •,
I. Green Completions {low emissions flowbock controls)
2. Tank vent emissions cont1ol through on site combustion
3. Methane leak detection systems using infrared camera technology
4. Nuisance Response Program ·-!
4) Staff suggest requiring that rather than r6-uti;:;g:productlon tonk venting emissions through
o voe combustor operated wlth outo-ignlters. the Operator use vapor 1ecovery
technology to further reduce air pollution and odors. {Supported by HlA)
5) Stoff suggesls !he Operator refine the response program p1otocols so that it has an
immediate and guaranteed reaction and issue addressing time frame.
9/23/2015
10
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COGCC Noise Regulations (802(b)( 1))
The type of land use of the surroundmg area shal be determined by the Director in consultation wrth the local
Governmental Designee taking into consideration any appltcable zoning or other local land use designabon. In the
hours between 7:00 a.m. and the ne:<t 7:00 the noiso levels permitted above may be increased ten (10) dB(A) for a
period not to exceed fifteen (15) minutes in any one (1) hour period. The allowable noise level for peOodlc ,
impulsive or shnl noises is reduced by five (5) dB (A) from the levels shown
.'"'''~¥'.;:
(1) Eilcept as required pursuant to Rule 604.c.(2)A.., operations involving piperine or gas facility rnstallalli:ln or
maintenance. the use of a drlmng ng. completion lig, wor1mver rig, or stimulation Is subject to the maximum
perm~s1ble noise levels for industrial wnes. <'<~!'.'.\1,~l~i-\~,'.-
604(c)(2)(A) Noise. Operations involving pipeline or gas facility installation or maintenance. or the use of a dri'ing
rig , am subject to the maximum pennlss1ble no1w levels for Light Industrial Zones, a!J measured al the nearest
Building Unit Short-term increases shall be allowable as described in 802.c. StimulatiOn or re-stimulation
operations and ProduetiOn FaciUties are governed by Rule 802
9/23/2015
11
9/23/2015
D Pad: Visual Impacts : Viewplane Profiles (II)
I D uring Production Phas e
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Staff Recommendation: Approval with
Conditions
l) Recommended Findings including waiver requests:
A. Development Agreement
B. Improvements Agreement
C. Access Road cross slope of 3% .'Cl .~ _ :\.~
· ;·;.:,p:0.~'.;L;::Jf,;i'.>
2) Notable Condil(ons ·;if~~'.~}i.~''._t,
A. Noise: Request Light Jndusllial ot 350 t0et need a tailored I revised study
B. lighting: Inward, downward and shielded
C. Hours: 7 Am to 7 PM with only drHling actl\'lty occurring outside of those hours
D. Required to use low emissions flowbock technology for completions (HIA)
E. Required to use vapor 1ecovery unils rolher !hon tank emission combustion {HIA)
F. Required to use Green Completions practices & EPS STAR Program (HlA)
G. All truck toads carrying material shall be covered (HIA)
H. Up and Down gradient ground water monitorlng wells (HIA)
Monitor well samples for sulfa of voes or COGC Rule 609 constituent list (HIA}
Staff Recommendation: Approval with
Conditions
Notable Conditions (continued)
K. Develop a more formolized 24 / 7 foSt octton Nuisance Response Program (HlAJ
L Demonsffofe fhOfough reseofch that proposed BMPs ore the best current
technology on emissions contro1 ·ntkt1C'ft'.;1·,:-\:
M. Qua1ter!y Update to BOCC or Energy Advisory Board jEAB) on prog1ess (HIA)
N. Provide a produced water tank detalls as to volume and how containment
releases precipitation events ;:,::»;,'*~~1t".'/Lr-::-.
0. Provide a site specinc SPCC Plan for B pad '-<
P. Implement on air quality monlto1fng program at the B pad focused on VOC
emissions (similar to HIA) _ ,,,.
a. Alt cuttings shoU be removed from fhe site
R. P1ovide a irrigation system to ensure tondscoping program survival
9/23/2015
13
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Phase 1 Pipeli ne: Overview
I) Urso requests approval to construct a 2.5 mile 12 and 16 inch gm pipeline to gather and
convey the gos produced horn the Band D Pads to market.
2) Urso request to co-tocate two 8 inch water lines with the gas line in a portion of the
alignment In order to convey water (inter transfer( from the S.-Me10 Meffo District to the 8
a. 0 Pads for drilling and completion activities to eliminate water hauling trucks.
< ',i::,)K"'
3J Pipelines wfll be located in a pe1monent 2.5 foot easement {SO during const1uctron).
4) Intends to b01e under all County ;()~~L':-~~1f_:;·
,:~}•'.,:;.·
SJ Allgnment runs along westerly and southerly boundary at Valley View VIiiage Subdivision.
6) Temporary Work A1eas: 3 Proposed fnot much info on what occurs and for how long).
7) Hours: 7:00 AM to 6:00 PM, Monday lhrough Friday (requests full week if needed) 18
weeks to construct.
9/23/2015
14
9/23/2015
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15
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Phase 1 Pipeline: Conditions of
Approval from HIA
1 ) Sugges ted HIA Conditions
A. Install the pipeline prl;;'·f~:·~ac! development
B. Monthly inspections for leak detection
C. Notify Sheriff and Fire .9istri<.::t ~~fore pigging activity
D. Adhere to BMPs · .•··~:··•f+,,.;r 'fi
E. Require pipeline alignment to follow truck routes
F. Assign an inspector to oversee construction
Phase 1 Pipeline: Conditions of
Approval
1) Provide relined SPCC Pion regarding leak detection/ spill p1eventlon
2) Require a consultotlon from ACE that no permit is needed
3) Require vegetation security of $32,500 4t\,i
4} Improve sight distance of CR 308 and East Battlement Parkway
SJ Obtain over size I over weight pe1mits from County Road and Bridge
6) Any pumps associated will require electric pumps
7) All transport of materials shall be covered
8) Hours; limited to 700 Am to 7:00 Pm. Monday through Saturday
9) Provide residents of Valley View Vlllage with real-time information on progress
and expectations
10) Address comments p1ovided by Mountain C1oss Engineering
11) Operation shall comply with all the lndustrJal Performance standards
9/23/2015
16
EXHIBIT
I H
• Garfield County
Vegetation Management
September 11 , 2015
Fred Jarman
Garfield County Community Development Department
RE : POPA -8373 Phase 1 Pipeline
Dear Fred ,
The Noxious Weed Inventory and Management plan for this proje ct is acceptable.
Staff recommends that the applicant treat all inventoried noxious weeds with in the 30 foot survey area and proposed
pipeline route before October 31 , 2015 . The appl icant 's weed ma p is attached .
Staff recommends a revegetation security of $32 ,500 (13 acres of disturbance x $2500/acre revegetation security).
The surface area of disturbance is based on information prov ided by the applicant. If the 13 acre figure does not include
•the amount of disturbance created by the temporary work area , th en the total disturbance amount should be adjusted to
include that area .
The security shall be held by Garfield County until vegetat ion has been successfully reestablished according to the
Reclamation Standards section in the Garfield County Weed Ma na gement Plan . The Rec lamation Standards at the date
of permit issuance are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution
#2002-94).
Please let me know if you have any questions .
Sincerely,
Steve Anthony
Garfield County Vegetation Manager
• 0375 County Road 352, Bldg 2060
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939
•
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•
Fred Jarman
Am·
... nt:
To:
Subject:
Fred ,
Stuart McArthur <StuartMC@pa rachutecolorado.com >
Tuesday, August 25 , 2015 8:10 PM
Fred Jarman
FW: Garfield County Land Use Application Referral
EXHIBIT
~
The Town of Parachute does not have concerns regarding these p ro jects . Th ey are not within our wate rshed .
MIPA-06-15-8341 (Battlement Mesa BMC D Well Pad)
MIPA-06-15-8342 (Battlement Mesa BMC B Well Pad)
PDPA-08 -15 -8378 (Phase I Pipeline)
StLMi'IA"t S. M cA rthuY
Town Manager
Town of Parachute , Colorado
970-285-7630, X-106
From: Michael Erion [mailto:merion@resource -eng .com]
Sent: Tuesday, August 25, 2015 5:40 PM
To: Stuart McArthur <StuartMC@parachutecolorado.com>
Subject: RE : Garfield County Land Use Application Referral
Stuart :
These pads and pipeline are downstream and outside of the Wate rshed District Boundaries .
Regards,
Michael
M ichael Erion , P.E.
Water Resou rces Enginee r
(970) 945-6777 Vo ice
(970) 945-1137 Fa csimile
www.resource-eng.com ,-------------
The in fo rmati on co ntain ed in thi s e-mail is PRIVILEGED AND CONFIDENTIAL information intended on ly for the use of the in di vidu al or entity name d a bo ve . If th e
re ader of th is message is not the intended recipi en t. or t he empl oyee o r age nt res ponsib le to del iver it to the intende d rec ipien t , yo u a re he reby not ified that
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EXHIBIT
I ::r
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health and environment of t he people of Colorado
August 25, 2015
Fred A . Ja rm an, AICP
Director, Garfield County Communi ty Development Dept.
108 81h Street, Suite 40 l
Glenwood Springs, CO 81601
RE: Batt lement Mesa Planned Unit Development
Dear Mr. Jarman:
On August 20, 2015, the Colorado Department of Public Health and Environment's Air Pollution Control
Division (APCD or Division) received a request for an air quality administrative review concerning
Battlement Mesa Planned Unit Development. The Division has reviewed the project and has determined
that the following provisions of the Colorado Air Quality Contro l Commission (AQCC) Regulations may
apply to the project based on the information provided.
Please note that the following regulations may not be inclusive of the regulations the proposed project
will be subject to . It is the responsibility of the involved partie s to determine what regulations they are
subject to and follow them accordingly.
In Colorado, most businesses that are or will be emitting air poll utants above certain levels are required to
report those emissions to the Division by completing an Air Pollutant Emissions Notice (APEN). This is a
two in one form for reporting air emissions and to obtain an ai r permit, if a permit will be required. While
only businesses that exceed the AQCC reporting thresholds are required report their emissions, all
businesses -regardless of emission amount -must always comply with the Colorado AQCC regulations .
In general, an APEN is required when uncontrolled actual em iss ions for an emission point or group of
em ission points exceed the follow ing defined emission thresholds:
Pollutant Category
Criteria Pollutant
Lead
Non-Criteria Pollutant
Table 1
APEN Thresholds
UNCONTROLLED ACTUAL EMISSIONS
Attainment Area Non-attainment Area
ear
ear
4300 Cher ry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Joh n W. Hickenlooper, Governor I Larry Wol k, MD, MSPH , Executive Di rector and Chief Medical Officer
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Uncontrolled actual emissions do not take into account any pollution control equipment that may exist. A
map of the Denver Metropolitan Ozone Non-attainment area can be found at:
http://\vww.colorado .gov/airqualitv/ss map wm .asp x.
Additional information on APENs and air permits can be found at
https ://www.colorado.gov/pac ific /cdphc /apcn-and-permitting-guidance . This site explains the process to
obtain APENs and air quality permits, as well as information on calculating emission s, exemptions, and
additional requirements . You may also view AQCC Regulation Number 3 at
https://www.colorado.gov/pacific/cdphe/aqcc-regs for the complete regulatory language .
Oil and Gas facilities must comply with all relevant Federal rul e s and regulations including but not
limited to NSPS 0000. Per NSPS 0000, operators may be required to limit emissions during well
completion activities, maintain supporting records and demonstrate compliance with this regulation.
All businesses in Colorado are subject to AQCC Regulation Number 2 (Odor Emission) and a permit may
be required for the installation of odor control equipment. Please refer to AQCC Number 2 for guidance
on odor suppression actions . You may also view the complete regulatory language at
https://www.co lorado.gov/pacific/cdphe /aq cc-regs .
ln Colorado, land development construction activities (earth mov ing) that are greater than 25 acres or
more than six months in duration require an Air Pollutant Emissions Notice (APEN) from the Division
and may be required to obtain an air permit depending on estimated emissions . In addition, a start-up
notice must be submitted thirty days prior to beginning a land development project.
Please refer to the website https://www .colorado .gov /pac ific /cdphe/a ir-permits for information on land
use APENs and permits forms. Click on Construction Permit and APEN forms , and then click on the
"Specialty APENs" to access the land development specific APEN form.
If you have any other questions or need additional information, please call the phone numbers listed
above, or call or e-mail me directly .
Thank you for contacting the Air Pollution Control Division about requirements for your project.
Sincerely,
!~~
Ingrid Hewitson
Air Quality Planner
Planning and Policy Program
Air Pollution Control Division
Colorado Department of Public Health and Environment
303-692-6331 I Ingrid.hewitson@ state .co.us
4300 Cherry Creek Drive S., Denver, CO 80246 -1530 P 30 3-692-2000 www .colorado.gov /cdphe
John W. Hicken looper, Gove rn o r I Larry Wol k, MD, MSPH , Exec ut ive Di r ector and Chief Medical Officer
Fred Jarman i _____________ 1
Am·
~nt:
To:
Subject:
Roussin -COOT, Daniel <daniel.roussin@state.co .us>
Thursday, September 10, 2015 6:48 PM
Fred Jarman
Re : Garfield County Land Use Application Referral
EXHIBIT
\(
Fred -Thank you for the opportunity to review the application. From an access point of view, it is unlikely this
project will increase the traffic by 20% at the Parachute Interchange. Therefore, no access permit is required .
If you have any questions , please le t me know.
Dan
Dan Roussin
Permit Unit Manager
Traffic and Safety
P 970 .683 .6284 I F 970 .683 .6290
222 South 6th Street, Room 100, Grand Junction, CO 81501
daniel.roussin@state.co.us I www.codot.gov/ 1 www.cotrip.org
(ICJ~
On Thu, Sep 10, 2015 at 2:00 PM, Fred Jarman <fiamian @ garfield-county.com > wrote:
Greetings,
This is a friendly reminder that if you have comment s on this application, the deadline is
September 14th.
Regards,
Fred
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Memorandum
September 10, 2015
EXHIBIT
f L.
_qarfield County ~[
Oil & Gas Liaison
Kirby Wynn
RE: O&G Liaison Referral Comments for MIPA-06-15-8341 (Battlement Mesa BMC D Well
Pad), MIPA-06-15-8342 (Battlement Mesa BMC B Well Pad), PDPA-08-15-8378 (Phase I
Pipeline)
Dear Fred,
Thank you for the opportunity to review and comment on the subject land use applications for
proposed facilities within the Battlement Mesa PUD . Applications are for two proposed well pads
and a gathering pipeline to transport natural gas from the well pads and a parallel water
pipeline .
An overarching recommendation is to include as a Condition of Approval that the applicant
develop a 24n fast-action complaints receipt and response program that will ensure residents
have immediate access to report and begin resolu ti on of nuisance or safety issues that may
arise . My liaison's office, Community Counts, and th e applicant's land department staff have
demonstrated success in recent years to receive and quickly respond to questions and
complaints somewhat around the clock. However, fo r these applications that propose to conduct
oil and gas operations within a relatively populous PUD, additional and more certain measures
to ensure resident concerns are quickly addressed 24n may be beneficial.
Pipeline:
Generally, pipelines such as the proposed water line that would be adjacent to a gas gathering
pipeline provide a distinct benefit to surrounding residents as compared to conveyance of
product and waste water via trucks. As such the proposed water (and gas) pipeline seem a
necessary facility that is appurtenant to the proposed and nearby existing well pads. In some
cases, normal gas pipeline maintenance (pigging and associated location of pigging stations)
and pressure relief valves can create significant noise or odor nuisance issues for nearby
residents. If approved, given the pipeline proxim ity to residential and other development,
appropriate nuisance and safety best management practices (BMPs) should be considered as
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conditions of approval. It may be beneficial to ask the applicant to commit to specialized pipeline
operation and maintenance practices intended to min i mize impacts to area residents . Examples
include community educational meetings to explain the operation of the pipelines and advance
notifications to nearby residents when the likelihood for resident concerns or impacts are higher
than normal such as for pipeline blowdown and pigging operations.
Suggest operator be encouraged to thoughtfully plan the pipeline construction to minimize night-
time disturbance to nearby residences and to ensure area residents are well informed about
whom they may call at Ursa if nuisance issues arise . Also encourage thoughtful planning for the
location of any pipeline maintenance structures and pressure relief valves such that they do not
create a long-term, intermittent nuisance issue for nearby residents .
Well pads:
Upon cursory GIS analys is, the proposed well pads , BMC Band BMC D, appear to be within a
COGCC-defined Urban Mitigation Area (UMA) based on proximity of building units (residences)
within 1,000 feet of the perimeter of each proposed well pad. See attached map figure that
approximately locates the proposed well pads and provides distance buffer overlays depicting
existing residences and other development falling with 350, 500 and 1,000 feet of the proposed
well pad boundaries provided by the applicant. COGCC rules utilize distances measured from
the edge of the disturbed area for the purpose of defining If well pads are within a UMA. In
places, the applicant's maps and buffer zone areas mention distance measurements from the
center of the well pad.
BMC D appears to clearly be sited within a UMA and the applicant should provide a detailed
UMA analysis for BMC 8 to clarify if it is or is not within a UMA. Comments and
recommendations provided below presume both pads are within a UMA and given the
significant number of residences in close proximity--if BMC B does not quite meet UMA criteria ,
it is recommended the facility be voluntarily, or by Condition of Approval, managed as if it were
to ensure area residents are afforded the maximum protections, and notifications required by
COGCC rules. Specific COGCC-mandated setback criteria and mitigations apply for wells and
pads within a UMA per COGCC 600 and 800 series rules .
Given the close proximity of numerous residences to the proposed BMC B and BMC D pads ,
there is a much higher potential for residents to experience significant and more frequent noise,
odor and light impacts than has been observed in mo re remote areas of Garfield County. Based
on the applicant-supplied materials, there are numerous residences within 500-1,000 feet of the
proposed well pads. By comparison, in many parts of Garfield County including the Battlement
Mesa area, various operators utilizing the latest BMPs and mitigation technologies, have
intermittently and significantly impacted residents with noise, odor and light issues at much
greater distances between well pads and residences than are proposed by this applicant.
Historically, the greatest impacts to residents occur during the construction and well
drilling/completions activities with a general decrease in nuisance issues once wells and pads
are in the long-term production and maintenance phase.
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Noise
Resident concerns about noise impacts will be challenging if not impossible to fully prevent
during drilling and completions. It will likely be a matter of trying to minimize the severity and
frequency of noise impacts than to fully mitigate them. Consistent with the noise analysis
provided by the applicant that refers to observed sound levels 350 feet from the nearby
Monument Ridge well pad, and regardless of the applicable COGCC rules, recommend as a
Condition of Approval all noise compliance measurements be made at 350' from the noise
source (or sound wall if applicable) rather than "Noise levels from oil and gas facilities located
on surface property owned, leased, or othe1Wise controlled by the operator shall be measured at
three hundred and fifty (350) feet or at the property line, whichever is greater." noted in COGCC
rule 802 .c.1. Also recommend that the light industrial standard be applicable as the maximum
allowable noise level at 350 feet from the source for both drilling and completion activities to
ensure impacts to nearby residences are minimized. The industrial noise level standard is
applicable for completions activities per COGCC rules but every reasonable attempt and BMP
should be required to prevent such elevated noise levels from occurring at these well pads in
close proximity to neighborhoods. Recommend consideration of reasonable time-of-day
restrictions for particularly loud construction, drilling and completion activities-the application
does note the Surface Use Agreement with the surface owner contains no such time-of-day
restrictions .
COGCC will soon (Fall 2015) embark on a Rulemaking to address identified shortcomings in the
current noise rules . In particular, low-frequency, and especially impactful db(C} range noise is
not adequately addressed in the current rules according to COGCC staff. Noise in this range
can cause noticeable vibrations that can cause significant nuisance impacts to nearby residents .
In consultation with COGCC, the applicant and topica l experts, suggest a Condition of Approval
that defines a better management and mitigation schema for low frequency db(C) noise leve ls
than are currently defined in COGCC rules. Make this suggestion with full recognition of the
challenge it may present as a precursor to the actual COGCC Rulemaking-perhaps the
Condition of Approval cou ld designate the applicant will abide by the soon-to-be developed and
implemented COGCC noise rules.
Odor
Odors and associated emissions from oil and gas facilities can be a pervasive and especially
impactful nuisance to residents if not properly contained and diligently managed . As with noise
issues, it is expected that odor issues could occur at a greater frequency than has been
observed at more remote locations in Garfield County. Rather than rely on the general
statement that •potential impacts from air emissions, vapor and odor will be controlled via
implementation of Best Available Control Technology (BACT), Reasonably Available Control
Technology (RACT) and strict adherence to Colorado Department of Health and Environment
• (CDPHE) Air Quality Regulation 7 criteria. ", recommend the applicant demonstrate a thorough
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researching of current technologies available to control emissions and odors for all operational
phases contemplated for the proposed locations and clearly describe mitigations and BMPs
considered most optimal and feasible to prevent impacts to nearby residents . In this more urban
setting than most other oil and gas development in Garfield County it seems advisable that an
analysis of the available emission and odor control options be included in the application
package to help ensure the best available and most appropriate BMPs are contemplated and
utilized.
Traffic
Traffic associated with oil and gas development can be a major concern and source of nuisance
complaints from the surrounding community. Recommend a thorough analysis of optimal traffic
routes to be developed for each component of the proposed operations . In particular, there
should be better definition of which vehicles and loads will optimally travel to the proposed well
pads via Una Bridge (lower route per application term inology) and which vehicles and loads
should optimally travel via the main Battlement Mesa entrance . The Traffic Study provided by
the applicant indicates a fairly nominal increase in t raffic from the proposed activities. Perhaps
that is the case but the study summary lacked sufficient detail for this reviewer to verify that
assessment.
r;;·
Kirby Wynn
4
PUD Phase1 Pads --
URSA Pads 350Ft Buffer
URSA Pads 500Ft Buffer
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Commissioner Thomas Jankovsky
108 gth Street, Ste. 213
Glenwood Springs, CO 81601
Dear Sir:
EXHIBIT
IM
25 Alder Ct.
Parachute, CO 81635
September 1, 2015
My concern is about the proposed drilling by Ursa (up to 53 wells within and
closely surrounding the residential development of Battlement Mesa). There
may be as many as 200 wells ultimately.
Battlement Mesa is a unique part of Garfie l d County. Unincorporated, it is the
most concentrated and populated area of this county. Drilling brings air and
noise pollution and, other ills that we do not know of yet, along with increased
truck traffic. Ursa will make millions of doll ars on their drillings. Is it too much
to require them to confine the drillings to one thousand feet from the borders
of Battlement Mesa?
Thank you for your consideration to the inhabitants of Battlement Mesa,
~~k~~
Walter Perrine
After thought: I am not convinced that pumping chemicals deep under
ground will not find their way into our drinking water .
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EXHIBIT
9? illV!§ VH~W ~l .11€~
1?4TTl!MIFlfT M~!.!, eo 916?5
tJ10-~S5-'1575
Garfield County Commissioners
John Martin
Mike Sampson
~m Jankowsky
108 8th Street Suite 101
Glenwood Springs, CO 81601
Dear Commissioner Jankowsky,
August 24, 2015
The oil and gas industry is proposing more wells in our Battlement Mesa
commllnity. This large scale development, and its associated lowering of our air
quality, potential polution of our water supply, increased noise from heavy truck
traffic beyond the capacity of our roads to handle , that comes with this proposal is
well beyond what our community wants to accept.And, as you know Tom, this
proposed land use is outside anything that our Garfield County Master Land Use
Plan ever considered. Once our land and environment is damaged no amount of
mitigation measures will ever repair this destruction and restore our beautiful
Battlement Mesa community to its original condition. If this proposal is approved
only the gas company is a winner,and your constituents are losers. Vote NO on this
proposal.
Sincerely,
F. Peter Simmons, D.Sc .
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Mr. Thomas Jankovsky
Garfield CO Commissioner
108 gth Street, Ste. 213
Glenwood Springs, CO 81601
Dear Sir:
EXHIBIT
I o
25 Alder Court
Parachute, CO 81635
September 2, 2015
My husband and I have resided in Battlement Mesa for over 13 yrs. We built here be-
cause it was a beautiful area with mostly retired citizens living here. Over the past few
years the complexion of this area has totally changed. Unfortunately, it is to the detri-
ment of the community. Just looking around one can clearly see what unattractive
sights are now located here.
It is very easy for people, like you, to make decis ions about others when you do not re-
side under the same conditions. Would you want your family to live here? There are
some residents here who have serious health issues due to pollution. Even now we see
lights glaring at the back of our home every night.
Ursa, I'm sure, has mega dollars to spend on their projects and can certainly adjust their
plans to be further away from here. On the other hand we seniors don't have the
finances to afford to walk away from our investment here in Battlement.
Since the meeting on Sept. 23 is being held in Glenwood, it makes it most difficult for
many seniors to drive there and back at night. Is it possible to relocate the meeting
closer to the area in question? Thank you for your consideration in this regard.
Very truly yours,
rJt~~
Marjorie Perrine
Fred Jarman
Am·
,.-nt:
To:
Subject:
-----Original Message-----
Tom Jankovsky
Tuesday , September 1, 2015 12 :01 PM
Fred Jarman
FW: Website inquiry -BOCC
From : E J And Jane Schultz [mailto:ej123a@yahoo .com]
Sent: Tuesday, September 01, 2015 10 :51 AM
To : Tom Jankovsky
Subject : Website inquiry -BOCC
E J And Jane Schultz has sent you a message :
Drilling in Battlement Mesa
970 -424-1025
Dear County Commissioner; 9/1/15
EXHIBIT p
Last even ing we went to a meeting at the Firehouse in Battlement Mesa . We , the homeowmers, discussed the upcoming
meeting on Wednesday September 23, 2015 and the plans of URSA To build pads and drill for gas in areas very close to
our homes and villages .
First of all, we would like to invite you to come to Battlement Mesa for the above mentioned meeting for two simple
reasons : one, It is much easier for all the commissioners to travel t o MB than to have 300 to 400 homeowners to travel
AG1enwood Springs. Two, In this day and age, I am sure that we have adaquate if not better recording equipment here
"'!!If you have there .
Second, We would like you to personally back us in requesting URSA to prepare and place their pads further away from
our homes and water supplies than they are currently planed. There is a lot of money involved in drilling gas and I am
sure that planning their pads, etc. further away from our properties an d water supply would not cost that much money
more! With directional drilling available today they can explore and harvest their gas from miles from their site .
Third, We do not mind them drilling for gas and oil, we need the en ergy, we only mind when they are as close as a
quarter of a mile from where we live and breath. We are all Hum an beings and we all have a right ot Life, Liberty and the
pursu ite of Happiness. Please consider what I and others believe is a better way to go than the present plans of Ursa .
Thank you,
EJ and Jane Schultz, 223 Lodgepole Ci rcle, Battlement Mesa CO
9704241025
ej123a@yahoo .com
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EXHIBIT
I Q
Note to File : Battlement Mesa I URSA project
DATE:
Subject:
Friday, September 4, 2015
Received a phone call from Leonard Bowlby w here he stated support for Oil and Gas
drilling but not inside the PUD .
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EXHIBIT
I ~
Note to File : Battlement Mesa I URSA project
DATE : Wednesday, September 9, 2015
Subject : Received a phone call from Bonnie Smeltz er where she opposed Oil and Gas drilling
inside the PUD .
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EXHIBIT
I S
CoBANK ~.!ff,~ I; L~f r
\\ 4 LL r·'f!
l.J ;•
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I ' I
September 3, 2015
Garfield County Planning Commission
108 81h Street, Suite 101
Glenwood Springs, CO 81601
RE: Special Use Permit and Land Use Change Permit for Pipeline Development
Ursa Operating Company and Battlement Mesa land Investments
To Whom It May Concern:
We recently received the Notice of Hearing set for September 23, 2015 for the
referenced matter. Our records indicate that CoBank, FCB successor in interest to U.S.
AgBank, FCB does have a mineral interest in W2SWSW Section 17 and SESE,
SESW, SWSE & N2SE Section 18, Township 7 South, Range 95 West, Garfield
County, Colorado that may be included in the referenced application area. This letter
is to advise that the Bank has no objection to the referenced Permit, as long as such
project does not impede its ability to develop its mineral estate.
I can be reached at 316-261-9752 or nmorford@cobank if you have any questions or
comments.
cc Lorne Prescott
Proud Mcmtc ut 111.!A
far ,, r _,y ,l~r'"I "''1"
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EXHIBIT
Carol C Donaghue
I -,..-
195 South Ridge Ct
Battlement Mesa, CO 81635
July 10, 2015
Planning Department Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Attention: Fred Jarman
Dear Mr. Jarman,
I would like to voice my objection to the plan, submitted by Ursa, to develop gas well
pads within the Planned Unit Development (PUD) of Battlement Mesa, CO.
I purchased my home in Mesa Ridge in 2000, a covenant controlled community within
the PUD where all property owners are members of the Home Owners Association
(HOA). Various legal documents regulate the community. I have included some of
these documents of interest to this issue. I expected these documents to provide a
measure of residential safety for my senior yea rs. Now l raise the question, how can a
commercial interest use the land just because they have mineral rights, do not home
owners have rights also?
We hear about the technique of "directional drilling" as a way to access gas deposits so
the necessary instrument pads are remote from the actual gas deposits. This seems to
be an ideal solution in a community such as ours. I have included a picture of a well
pad in the area as a visual to help in the consideration of Ursa's request. Surely, the
size of the pad necessary, the truck traffic and noise involved are things to consider as
they adversely affect our homes.
Finally, all are familiar with the "Boom and Busr cycles associated with energy
development in this area. I hope the rush to gain energy does not adversely affect what
Is happening here. The Battlement Mesa community is seeing a gradual increase in
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page2
residents, likely workers associated with the gas industry and other businesses that
have sprung up along 170. There are 2 schools, several churches, and many
recreational opportunities including bicycle and wa lking paths for all to enjoy. I sincerely
hope the 3,200 acres of the PUD can be maintained as a residential haven without the
large, heavy, 18 wheel truck traffic and noise associated with the well pads.
Sincerely,
~rVtJ__e V}o-rr
Carol C Donaghue
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ATTLEMENT MESA
lfhc Colorado Drcaf/1
Battlement Mesa Service Association
__ ..,.., ___ _.,l"'-'T"'....,.,...,,,...,.,.,..,.....,_..,.. The Battlement Mesa Service Association, (SMSA), is Battlement Mesa,
Colorado's 'city government.• The Battlement Mesa community, an
unincorporated 3,200 acre planned unit development, (PUD), is located along
J-70 and the Colorado River between Glenwood Springs and Grand Junction
on Colorado's Westernslope. As the name suggests, the BMSA, a Colorado
non-profit corporati on, is a self-governing homeowners association . All
property owners within the PUD are automatically members of the BMSA and
must pay HOA assessments. The BMSA is the community's governing body.
As an HOA, the Battlement Mesa community is regulated by various legal
documents. These documents, Including the association's Articles of
Incorporation, Bylaws and the Amended and Restated Covenants, can be
found in the BMSA section of this site under 'Association Documents .·
Instead of a normal mayor and city council, the SMSA's Board of Directors manages and directs the governmental affairs of
the Battlement Mesa community. Presently the BMSA board consists of twelve Village Delegates/Board Members and two
Developer Delegates/Board Members for a total of fourteen Delegate/Board Member positions . Each VilJlage within the
Battlement Mesa PUD has the right to elect a Delega t e to the Battlement Mesa Service Association and these elected
Delegates are automatically elected to the SMSA board of directors. VIiiage Delegates/Board Members are elected by their
Villages to a three year term . Since there are no term limits, Delegates/Board Members frequently serve more than one
term. The SMSA board of directors functions like a typical city council. More information about the BMSA board or
directors is shown In the BMSA section under "Board of Directors ,•
The SMSA board of directors meets at the Grand Valley Recreation Center on the third Tuesday of each month . The
meetings, which are open to the public, begin at 9 A.M.
SMSA office address: 401 Arroro Drive, Battlement Mesa, CO 81635 . See Msp •..
(https://www.google.com/trlllPSlplace/401+Anoyo+Dr/039.4421398,·108.0207619, 1 7zldata=13m114b114m213m 111s0x8741336bd72da293:0Jca05515a7e5BS754c
BMSA telephone: 970.285.9432.
SMSA Association Manager: Steve Rippy
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1111111 11111 1111111 11111111 111111111111 HI 111111111 1111
672848 04/25/2005 02:17P 81681 P616 M RLSDORF
6 of 11 R 56.00 D 0 .00 GARFIB..D COUNTY CO
(f)
01211'>57 Wt'O; I
mon Assessments and Special Assessmenls due from all
Declaranls during lhe applicab le Service Association fiscal
year shall he divided by t h e total amount of reduced Com-
mon Assessment<> and Special Assessments c.lue from the
applicable Declarnnt duri n g the applicable Seavicc m;socia-
tion lisca} year. and that quotient shall he multiplied by the
total amount of such sh011falL
Repeal and Restatement. Article VIII, Section 8.16(a) is hereby
repealed in its entirety and the following Article VIII, Section
8.16(a) is substituted:
(i) Within the Service Association Area, no trailer, camping
trailer, boat, boat accessories, trailer carrying recreation
devices, snowmobiles, all terrain vehicles, trucks or com-
mercial vehicles larger than one (1) ton, Recreational Vehi-
c le or similar vehicular equipment shall be pnrkcd or stored
anywhere in the Service Association Arca, unless such
vehicle is parked or stored within a garage, behind a six foot
(6) high solid fence. or in designated parking or slornge
areas. Non-recreational oversized vehicles (larger than
twenty-five (25} feel in length or one hundred (I 00) inches
in height or ninety (90) inches in wi<lth) may not be pm kc<l
on or at any Residential Sile unless they are completely
enclosed within a garngc . /\Ily such vehicles may be pnrkcd
as a Lempomry expedience. for up to seventy-two (72) hours.
for loading, delivery of goods or services, or emergency, and
may also be stored on such Privately Owned Sites or Pub-
licly Owned Sites as may be specifically exempted from this
reslriction by any Supplemental Declaration. This reslric-
tion shall not apply to trucks or other commercial vehicles
temporarily located within the Service Association Area or
on MY Residential Site which arc necessary for construction
or for the maintenance of any Service Association Properly
01 any Improvement located thereon . No automobile, lmck
or othe1 vehicle may be parked in any sic.le yard or rear yarc.J
unless behind a six foo t fence
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EXHIBIT
September 3, 2015
Dear Fred Jarman; County Commissioners Sam p son, Martin, and Jankovsky; COGCC ;
and Ursa,
My husband, Richard, and I had a house b uilt in the Reserve of Battlement
Mesa in 1998 when B. Mesa Co. was advertising it a s the perfect place to retire. No
gas wells could be seen. We knew that oil from shale had been tried up Parachute
Creek and once again proved not profitable.
Then in about 2009 Antero informed us that they were planning to drill
within our community for natural gas. That w as the first time that w e saw a map
Exxon had made in the SO's when they planned this community as a PUD and
included 14+ well pads, each with only one well, inside this PUD. (See enclosed map,
exhibit A.)
Drilling ramped up all around us. Ante ro moved on and sold to Ursa. Ursa
has been drilling from outside the PUD from v ari ous well pads and has permits to
drill at least the Monument B (Richardson), Tompkins, and B&V Pads (the latter one
in Parachute), all outside our PUD, but all able t o access minerals underneath our
community.
Other companies have drilled around u s. Williams has at least 2 pads that
have accessed 8. Mesa's minerals. Encana has a t least 2. Ursa has sa id that they can
only drill directionally in the Wms. Fork Forma tion 2500 feet out from a pad.
Enclosed is a map of the well pads with that radius shown from each pad that has
accessed our minerals. (exhibit B)
There is only a small part that has not h a d the ability to be accessed, by
Ursa's standards. If Exxon had drilled one well o n each of their 14 pads, they would
have accessed a lot less of their mineral rights than the multiple-well-pads of 15 to
25 wells per pad now in existence.
1.
2.
3.
You should deny Ursa their special use p ermit for the following reasons:
Battlement Mesa was set up as a PU D (Planned Unit Development). We
have separate villages with specific covenants. Commercial is not allowed
in the housing areas. Heavy industr y (d rilling) is incompatible with such
a set-up.
Most of the minerals have already b e en accessed. Ursa can leave space on
the Tompkins, Richardson, and Parachute pads for future wells to be
drilled in the Wms. Fork Formation w hen future technology allows them
to directional-drill up to a mile from a pad-if they absolutely insist on
getting every bit of gas from beneath us . (They have stated that in the last
5 years technology has allowed them to reduce possible well pads down
to 5 in our PUD . So why not wait anot her 5 to 10 years-or sell to
someone else who can access those few remaining minerals from outside
our PUD?)
Ursa has not submitted a complete CDP (Comprehensive Drilling Plan).
They have only submitted phase 1 of 3. All 3 phases should be included in
their special use permit, and the public should be able to comment on all
of these phases at this time.
u
•
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•
4.
5.
Phase 1 includes 2 pads, which are a ccessed by River Bluff Road IN
Battlement Mesa. Since multiple wells are drilled from each pad, this will
result in a great increase in traffic through the community. Battlement
Parkway West and Stone Quarry Road are the two busiest streets right
now. The majority of the residents use this route to get in and out of
Battlement Mesa.
Pad D is in an open field, but it is surrounded by the villages of Stone
Creek, Canyon View, Valley View, the apartments with nearby Fairway
Villas, and Willow Creek. MANY residents will be impacted by the entire
drilling process and maintenance of the pads, which can be up to 30 or
more years.
6. Pad B is controversial since it is in the vicinity of our water intake and our
treatment plant.
7. Natural gas prices are extremely low, so there is no urgency to drill at this
time.
Recommendations:
A. Since Ursa wants to continue to drill, th ey s h ould do so on the pads that
already have permits. Then, several years from now, they can follow that with
drilling the Niobrara wells, which they have said would be horizontal and thus
can be done from OUTSIDE our PUD.
B. Encourage Ursa to continue their best-use practices as they drill along our
perimeter .
C. Monitor our air quality regularly.
D. Reduce industry traffic within the community. Perhaps designate the Rulison
exit, instead of B. Parkway North as the route to be used, thus eliminating trucks
from jake-breaking and from damaging our roads. Also, the tunnel from the
front nine of the golf course to the back nin e is showing failure signs due to
heavy vehicle traffic over it, and the inadeq uate 2-lane bridge across the
Colorado River isn't suited for large equipment.
E. Deny this and any future permits for drilling within our community so that
we can get on with our lives and not have r e peated attempts for a special use
permit. (Contracts on homes have been cancelled when the buyers found out
about possible drilling within our PUD. People have bought houses down valley
instead. Many who needed to leave have so ld for greatly reduced prices.)
In conclusion, this special use permit should ultimately be denied. Since our
commissioners can recommend this to the COGCC, we expect they will do so. The
COGCC should respect the integrity of our PUD a nd the people within, since most of
the minerals have already been accessed or will be with the permitted wells outside
our PUD.
Sincerely,
Sandra Getter
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•
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Dear County Commissioner; 9/1/15
last evening we went to a meeting at the Firehouse in Battlement Mesa. We, the homeowmers,
discussed the upcoming meeting on Wednesday September 23, 2015 and the plans of URSA To
build pads and drill for gas in areas very close to our homes and villages.
First of all, we would like to invite you to come to Battlement Mesa for the above mentioned
meeting for two simple reasons: one, It is much easier for all the commissioners to travel to MB
than to have 300 to 400 homeowners to travel to Glenwood Springs. Two, In this day and age, I
am sure that we have adaquate if not better recording equipment here as you have there.
Second, We would like you to personally back us in request ing URSA to prepare and place their
pads further away from our homes and water supplies than they are currently planed. There Is a
lot of money involved in drilling gas and I am sure that planning their pads, etc. further away
from our properties and water supply would not cost that much money morel With directional
drilling available today they can explore and harvest their gas from miles from their site.
Third, We do not mind them drilling for gas and oil, we need the energy, we only mind when
they are as close as a quarter of a mile from where we live and breath. We are all Human beings
and we all have a right ot Life, Liberty and the pursuite of Happiness. Please consider what I and
others believe is a better way to go than the present plans of Ursa .
Thank you,
EJ and Jane Schultz, 223 Lodgepole Circle, Battlement Mesa CO
9704241025
ej123a@yahoo.com
EXHIBIT
v
Fred Jarman
8Pm:
•nt:
To:
Subject:
Lindsay Krol
Wednesday, September 2, 2015 2:00 PM
Fred Jarman
Battlement Mesa
EXHIBIT
I w
Leta Terrell called to speak with you regarding the pipeline applica t io ns. She would like to register a formal complaint .
She is a resident and was at the meeting on Monday night. Her co ntact number is 970-285-6647.
62.tndsap CK.ml
Community Development
108 81h Street
Glenwood Springs, CO 81601
970-945-1377 x 1625
•
•
1
Fred Jarman
A>m·
•nt:
To:
Tom Jankovsky
Tuesday, September 1, 2015 7:12 A M
Fred Jarman
Subject: Fwd : Website inquiry -BOCC
Sent from my iPad
Begin forwarded message:
•
From: Carolyn Bevel <carolynbevel604 @ gmail.com>
Date: August 31, 2015, 9:39:25 PM MDT
To: <tjankovsky@ garfield-county.com>
Subject: Website inquiry -BOCC
Carolyn Bevel has sent you a message:
Ursa plans to drill in Battlement Mesa
970-628-6615
PLEASE VOTE AGAINST BUILDING PERMITS FOR URSA TO DO ANY FURTHER
DRILLING IN BATTLEMENT MESA!
1
EXHIBIT
k
EXHIBIT
Fred Jarman I -\I ----------1--
A>m·
.nt:
To:
Dan Goin
Thursday, September 10, 2015 4 :5 5 PM
Fred Jarman
Subject: RE : URSA Traffic Study for B-Mesa
If they comin from interstate by waterfall
Dan Goin
District 3 Foreman
Garfield County Road & Bridge
Mobile 970-309-1856
Dgoin@garfield-county.com
-----Original message-----
•
From: Fred Jarman <fjarman@garfield-county.com>
To: Dan Goin <dgoin@garfield-county.com>
Sent: Thu , Sep 10, 2015 22 :42 :57 GMT+OO :OO
Subject: RE : URSA Traffic Study for B-Mesa
HI Dan,
Were you going to recommend one route over the othe r ?
Thanks-
Fred
From : Dan Goin
Sent: Thursday, September 10, 2015 3 :54 PM
To: Fred Jarman <fjarman@garfield-county.com>
Subject: RE: URSA Traffic Study for B-Mesa
Fred it is 1.4 miles from the bridge to CR 307 past the waterfall and 2.6 miles from RV park hill to CR 307
plus the three way stop at Battlement parkway and Stone Quarry is a
very busy intersection this area is all marked as a no haul route which will have to be changed. The
BMC-B pad they are good to go on because the driveway i nto Battlement Metro but the BMC-D will
need driveway permit with apron.
Dan Goin
District 3 Foreman
Garfield County Road and Bridge
0298 CR 333A, Rifle CO 81650
970-625-8601
From: Fred Jarman
Sent: Wednesday, September 09, 2015 2:18 PM
To: Dan Goin
Cc: Deb Fiscus
Subject: URSA Traffic Study for B-Mesa
Hey Dan,
1
•
•
•
Thanks for looking at these two reports . I would like to ge t your opinion on what the preferred haul
route should be from the County's perspective . URSA is in di cating that they would mostly use the Una
bridge I CR 300 route rather than the water fall route .
I am attaching the two key reports from the application th at talks about this .
Any thoughts?
Thanks-
Fred
Fred A. Jarman, AICP
Director, Garfield County Community Development Depart ment
108 3th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212 (desk)
{970) 987 -1811 (mobile)
www.garfield-county.com
2
From: Fred Jarman [mailto :fjarman@garfield-county .com]
Sent: Friday, September 11, 2015 10 :01 AM
A: patrick@cwtrifle .com
.. bject: Title Question
Hello Patrick,
It's been a while since we connected and I hope you are well.
I am currently doing a review of a land use application in Battleme nt Mesa related to URSA Ope r ating Company's desire
to drill two pads and construct a pipeline . As th is review has evolved, a concern has raised from various citizens who
purchased their homes in Battlement Mesa that there was nothin g "of record " that indi cated there was docume ntation
regarding drilling plans . I have copies of recorded documents {SU A's , etc .) that I believe would show up in a chain of title
or as exceptions, etc. for folks buying lots in B-Mesa which show t he se documents and maps of drilling locations, etc .
My question: In your professional opinion, would these docume nt s ap pear in the title do cuments for residential lots
bought I sold in Battlement Me sa?
Thanks for any advice insight you can provide . Please feel free to ca ll me if you need t as well.
Regards,
Fred
Ad A. Jarman , AICP
~rector, Garfield County Community Development Department
108 3 t h Street, Suite 401
Glenwood Springs, CO 81601
{970) 945-8212 (desk)
(970) 987-1811 (mobile)
www.garfield-county.com
•
2
Fred Jarman
•
m·
nt:
To:
Subject:
Patrick Burwell < patrick@cwtrifle.com >
Friday, September 11 , 2015 4:30 PM
Fred Jarman
RE : Title Question
I
EXHIBIT
7:
Hi Fred . Things are quite well thank you. Not sure why but the market for real estate has picked up this year and we
even had to hire an additional closer. Hope things are well with you too .
The simple answer to your question is yes. The surface use agreements or memoranda thereof do appear in the chain of
title for the Battlement Subdivisions and on our current Schedule B-Section 2 of commitments issued for purchase
transactions we list the exceptions for these SUA with links to the documents as follows:
Terms, conditions and all matters set forth in surface use agreement by and between Battlement Mesa Partners ,
Battlement Mesa Realty Partners and Barrett Resources Corporation recorded July 8, 1999 in Book 1139 at Page 104.
Terms, cond itions and all matters set forth in Surface Use Agreement as evidenced by Memorandum recorded August 20,
2010 as Reception No . 790390.
Terms, conditions and all matters set forth in Amendment to Surface Use Agreement as evidenced by Memorandum
recorded June 10, 2015 as Reception No . 863878.
For as long as I have been at Commonwealth Title, all of our Battlement Mesa commitments have included the surface
• agreement recorded July 8, 1999 in Book 1139 at Page 104.
We also are required to include as part of our commitment the following disclosure :
Pursuant to C.R.S . §10 -11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased , or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
B) That such mineral estate may include the right to enter and use the property without the surface owner's permission.
If you need additional information, please let me know.
Patrick P. Burwell
127 East 5th Street
Rifle, Colorado 81650
Phone : 970 625-3300
Facsimile: 970 625-3305
Email : patrick@cwtrifle.com
~ COMMONWEALTH
l!i5; TITLE COMPANY
1