Loading...
HomeMy WebLinkAbout1.00 General Application Materials TEP ROCKY MOUNTAIN LLC AMENDMENT TO THE APPROVED LAND USE CHANGE PERMIT FOR THE TRAIL RIDGE EMPLOYEE HOUSING FACILITY GARFIELD COUNTY, COLORADO October 2017 Prepared by: PVCMI- Land Planning Division- 970-625-5350 Page 1 of 3 TEP ROCKY MOUNTAIN LLC TABLE OF CONTENTS AMENDMENT TO THE APPROVED LAND USE CHANGE PERMIT FOR THE TRAIL RIDGE EMPLOYEE HOUSING FACILITY GARFIELD COUNTY, COLORADO October 2017 Page 2 of 3 1. Amendment to an Approved Land Use Change Permit- Section 4- 106. (Items below are arranged as called for in the Garfield County Limited Impact Review Permit Table 4-201- Application Submittal Requirements and the Garfield County Land Use and Development Code effective as of July 15, 2013 and as amended.) A. Land Use Change Permit Application Form B. Payment Agreement Form 2. Project Narrative including Waiver Request for Section 7- 705(C)(2)(e)- Wastewater and evidence of compliance with the standards in Section 7-705(C)(2) 3. Deed & Legal Description of Property-Garfield County Parcels. Section 4-203 B.2. A. 2137-012-00-001- Ownership: The Eva C. Uphoff Trust dated August 7, 2013 and Timothy James Uphoff. Parcel Size: 598.78 acres +/- B. Title Commitment including deed 4. Statement of Authority and Authority of Authorized Representative. Section 4-203 B.1.a. 5. Garfield County Assessor’s Maps with Adjacent Parcels delineated with parcel number and property owner. Section 4-101 E.3. Please see Tab 6- List of Adjacent Property Owners 6. Listing of Adjacent Property Owners adjacent to or within 200’ of the subject property. Section 4-101 E.3. 7. Vicinity Map- Section 4-203 C. Boundaries of the subject site and all property within a 3-mile radius of the subject parcel. 8. Copy of the Pre-Application Conference Form- Section 4-101 A. Page 3 of 3 9. Site Plan- Section 4-203 D. 10. Copies of Garfield County Approved permits Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 {970) 945-8212 www.garfield-county.com TYPE OF APPLICATI ON D Adm inistrative Review D Limited Impact Revie w D Major Impact Re v ie w Iii Amendments to an Approved LUCP liJ UR O M IR OsuP D Minor Temporary Housing Facility D Vacation of a County Road/Pub lic ROW D Location and Extent Re v iew D Comprehensive Plan Amendmen ~ D Pipeline Development LAND USE CHANGE PERMIT APPLICATION FORM D Development in 100-Year Floodplain D Development in 100-Year Floodplain Variance D Code Text Amendment D Rezoning 0 Zone DistrictO PUD 0 PUD Amendment D Administrative Interpretation D Appeal of Administrative Interpretation D Areas and Activities of State Interest D Accommodation Pursuant to Fair Housing Act D Variance D Time Extension (also check type of original application) INVOLV ED PA RTIE S Owner/ Applicant Name: The Eva C . Uphoff Trust dated August 7, 2013 and Ti mothy Ja mes Uph off Phone: ( 970 )812-7874 Mailing Address: c/o Jeff Kirtland-TEP Rocky Mountain LLC P.O. Box 370 City: Parachute State: CO Zip Code: 81635 E-mail: jkirtland@terraep.com Representative (Authorization Required) Name: Ph ili p Vaughan-PVCMl-Land Planning Division Phone: ( 970 )625-5350 Mailing Address: 1038 County Road 323 City: Rifle State: CO Zip Code: 81650 E-mail: phi l@pvcmi.com PROJECT NAME AND LOCATION Project Name: Trail Ridge Employee Housing Facility Assessor's Parcel Number: 2 1 3 7 _ 0 1 ~ _ 0 0 _ 0 0 1 ----------- Physical/Street Address: Not assigned Legal Description: Please see attached. zone District: Reso urce Lands. Plateau Subd istrict Property Size (acres): 598. 78 +/- PROJECT DESCRIPTIO N Existing Use: Employee Housing Facility-Major and Storag e Proposed Use (From Use Table 3-403): _N_o_ch_a_n_ge_in_u_se_i_s_be_in....;g"'"'"req......;..u_es_ted_. ------------- Description of Project: We are req uesting th e amendment of co nd iti on #8 in Reso luti on 20 15-30 to allow for an extens io n of time to install th e on-site wastewater treatmen t system pri or to Augu st 27 , 20 18 versus the cu rr ent dea dlin e of Dece mber 27, 2017 . REQUEST FOR WAIVER S Sub m ission Requirements D The App licant requesting a Waiver of Submission Requirements per Section 4-202. List : Section: Section : Section: Section: Waiver of Standards Iii The App licant is requesting a Wa iver of Standards per Section 4-118. List: Section: 7-70 5(C)(2)(e)-Wastewater System s Section: Sectio n: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ~~~~YTu~~ Se ptembe r 30 . 2017 Signature of Property Owner Date OFFICIAL USE ONLY File Number: ____ -___ _ Fee Paid:$ ------------~ Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY ") and Property Ow ner ("APPLICANT") The Eva C. Uphoff Trust dated August 7, 2013 and Timothy James Uphoff agree as follo w s: 1. The Applicant has submitted to the County an ar~ication for the following Project: ......,,....-- Amendment to an approved LUCP-Trai Ridge Employee Housing Facility 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the adm i nistration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, estab l ished for the Project, and to thereafter permit additional costs to be billed to the Applica nt. The App li cant agrees to make additional payments upon notification by the Cou nty, when they are necessary, as costs are incurred. 4. The Base Fee sha ll be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknow ledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing contact Pe rson: PVCMI-Land Planning Division Phone: ( 970) 625-5350 Billing Contact Address: 1038 County Road 323 City : Rifle State: CO Zip Code: _8_1_6_50 ___ _ Billing Contact Email: _p_h_il_@:....._pv_c_m_i._c_o_m ____________________ _ Pr in ted Name of Perso n Authorized to Sign: _P_h_i_li _p_B_._V_a_u_g_h_a_n ____________ _ 9/30/17 (Signature) (Date) Page 1 of 5 TEP Rocky Mountain, LLC Trail Ridge Employee Housing Facility Amendment to an Approved Land Use Change Permit PROJECT NARRATIVE October 18, 2017 Ms. Sheryl Bower- Garfield County Community Development Director Mr. Dave Pesnichak- Garfield County Community Development- Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear Ms. Bower and Mr. Pesnichak, I am writing in regards to Garfield County Commissioner’s resolutions #2015-30, 2016- 42 and the associated land use permit approving the Trail Ridge Employee Housing Facility. Condition #8 of the Land Use Change Permit notes the following: “8. Within 9 months of the issuance of the Trail Ridge Employee Housing Facility Certificate of Occupancy, the Applicant shall install an Onsite Wastewater Treatment System (OWTS) to serve the proposed facility. The installation of the System shall be in accordance with the design and specifications as outlined in the Application.” The Certificate of Occupancy for the employee housing facility was issued on 3/27/17. Terry Energy Partners is currently evaluating their future drilling schedule in the Trail Ridge area. It is possible that there will not be a need for the Trail Ridge Employee Housing Facility as of the 2nd quarter of 2018. Page 2 of 5 We respectfully request that Garfield County revise condition #8 as follows: “8. Within 9 months of the issuance of the Trail Ridge Employee Housing Facility Certificate of Occupancy, t The Applicant shall install an Onsite Wastewater Treatment System (OWTS) to serve the proposed facility prior to August 27, 2018. The installation of the System shall be in accordance with Garfield County Permit #SEPT-05-17-4714. the design and specifications as outlined in the Application.” This will allow Terra Energy to evaluate their drilling program into the 2nd quarter of 2018 and then make a decision regarding continued use of the Trail Ridge Employee Housing facility and installation of the Onsite Wastewater Treatment System. Garfield County Land Use and Development Code Section 4-106.A.3 states: “3. Change of a specific condition(s) of approval as identified in a final approval made by the Decision-Making Body. Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered a Substantial Modification.” Waiver Request for Section 7-705(C)(2)(e)- Wastewater Systems Our request to revise condition #8 as noted above, is effectively requesting a waiver of the Garfield County Land Use and Development Code- Section 7-705(C)(2)(e)- Wastewater Systems that states that a Vault and Haul System must demonstrate “The facility will not exceed a cumulative of 1 year at the approved location; and”. TEP Rocky Mountain LLC Reply: The original land use permit issued via resolution 2015-30 was adopted by the Garfield County Board of Commissioners on June 8, 2016. WPX Energy then sold their local assets to TEP Rocky Mountain LLC. During the course of this ownership change, no further work was conducted on the project. Resolution 2016-42 was adopted by the Garfield County Board of Commissioners on 6/13/16 and extended the land use permit approval to June 8, 2017. A building permit was received by TEP Rocky Mountain LLC on 2/1/17 and the Certificate of Occupancy for the facility was issued by Garfield County on 3/27/17. Garfield County Land Use and Development Code Section 4-118(C)1 and 2 indicates the criteria for a waiver request: “C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and Page 3 of 5 TEP Rocky Mountain LLC Reply: We have designed, applied for and received an on-site wastewater treatment system permit number SEPT-05-17-4714. This permit was issued by Garfield County on 5/8/17. During the course of scheduling the construction of the on-site wastewater treatment system, TEP Rocky Mountain LLC management issued concerns regarding installation of a system at the site that may not be in use at the end of 2nd quarter 2018. The current vault and haul system consists of an 8’ wide x 44’-11” long x 9’-2 ¼” high, 8,000 gallon capacity, fully enclosed skid that collects the sanitary sewage from the Trail Ridge Employee Housing Facility. The current vault and haul system is: 1. Fed with an electrical feed from the housing facility and has lights, pumps and heat. 2. Protected from freezing via the skid enclosure and electric heat tape system 3. Has an alarm system tied to the employee housing facility to alert facility management when the tankage reaches 80% of capacity. 4. Has secondary containment between the sanitary sewage tankage via the skid unit. 5. Is regularly pumped and cleaned and has been in operation since 3/27/17 with no accidents or issues. In conclusion, the vault and haul system meets the Wastewater standard to the same degree as installation of an on-site wastewater system. 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code.” TEP Rocky Mountain LLC Reply: The only additional impact of utilizing a vault and haul system versus an on-site wastewater system is the additional truck traffic for the vault and haul system. We are currently hauling an average of 5,715 gallons of sanitary sewage a week from the facility. This equals a total of 1.73 truck trips per week. Avg. Sanitary sewage hauling trips per week- 1.73 truck trips per week. Avg. Potable water hauling trips per week- 1.65 truck trips per week. Total avg. truck trips per week- 3.38 truck trips per week Please see the attached November 2014 Traffic Impact Analysis, Appendix C. Potable Water Delivery was estimated at 4 trucks per week. The combined Sanitary Sewage and Potable Water hauling is 3.38 truck trips per week. Our sanitary sewage and potable Page 4 of 5 water hauling trips are 16% less than what we had estimated in our traffic impact analysis. Even with the sanitary sewage vault and haul system, we have not exceeded the estimated trip generation for the Trail Ridge Employee Housing Facility. In conclusion, there are no greater impacts on adjacent properties than what we presented in the original land use application. Facility Operation as per Section 7-705(C)(2)- Wastewater Systems a. “Year-round access is available and maintained for safe and regular access for sewage hauling vehicles;” TEP Rocky Mountain LLC Reply: The access roads to the facility are maintained year-round to the facility. b. “The Operator can demonstrate and guarantee an arrangement for hauling sewage;” TEP Rocky Mountain LLC Reply: Sanitary sewage is being hauled by HB Rentals under contract with TEP Rocky Mountain LLC. c. “The Operator will maintain all records, including but not limited to, trip logs/reports and landfill receipts;” TEP Rocky Mountain LLC Reply: TEP Rocky Mountain LLC maintains all records, including trip logs/reports and landfill receipts. Please find attached the following documents: A. Sewer hauling log from 3/27/17 to 9/29/17. B. HB Rentals- Garfield County Landfill monthly invoices for sanitary sewage in March, July, August and September 2017. Please note that the Garfield County Landfill was not accepting sanitary sewage in April/May/June 2017, thus all sanitary sewage was delivered to the Clifton Sanitation District during this time period. C. HB Rentals-Clifton Sanitation District sanitary sewage waste accepted from 3/1/17 to 9/30/17. Note: Records B and C attached show all of the sanitary sewage hauled by HB Rentals during this time period. These totals include sanitary sewage hauled from sites other than the Trail Ridge Employee Housing Facility. Many times an HB Rentals sanitary sewage truck will haul loads from multiple locations in order to maintain efficiency. Additionally, due to U.S. Dept. of Transportation regulations Page 5 of 5 addressing driver daily hours, some loads are disposed of the day after retrieval from the employee housing facility. d. “The sewage disposal records will be maintained as public records to be available to the County upon request;” TEP Rocky Mountain LLC Reply: The sewage disposal records will be maintained as public records to be available to the County upon request . f. “The facility has been designed to accommodate 75 gallons of wastewater per person per day or an amount derived from engineered calculations taken from metered usage rates at a similar facility that has been reviewed and approved by the County.” TEP Rocky Mountain LLC Reply: The vault and haul system design was prepared by All Service Septic in the attached report dated 11/13/14 and was designed for 75 gallons per day per occupant as per page 2- Design Specifications of the report. Utilizing information from the sanitary sewage hauling log, the sanitary sewage output per occupant is 34 gallons per day versus the design capacity of 75 gallons per day per occupant. The actual sanitary sewage production is 45% of the design capacity for the system. Conclusion: The existing vault and haul system is being operated in compliance with Garfield County regulations. Please let me know of any questions that you may have. Sincerely Philip B. Vaughan President PVCMI-Land Planning Division 970-625-5350 Email: phil@pvcmi.com