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HomeMy WebLinkAbout4.0 Resolution 2008-961111 rr1 W,Mlilw!1171iILI Ki 'AIYIIIN 11111 Receptlon0: 754331 08/19/2008 03:29:13 P11 Jean Rlberico 1 of 6 Rao Fee:S0.00 Doc Fae:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 11th day of August A.D. 2008, there were present: John Martin Lane McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green Commissioner Chairman Commissioner Commissioner Deputy County Attorney Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2008-96 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT REQUEST FOR "TEMPORARY EMPLOYEE HOUSING" FACILITIES ON A WELL PAD, HILTON #23-1, OPERATED BY ORLON ENERGY PARTNERS, LP AND LOCATED WITHIN A PROPERTY OWNED BY THE STATE OF COLORADO, DIVISION OF WILDLIFE, GARFIELD COUNTY PARCEL NO# 2181-271-00-201 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit request for a "Temporary Employee Housing" facility located south of the Town of New Castle and within a property owned by the State of Colorado, Division of Wildlife, Garfield County; and WHEREAS, the Temporary Employee Housing facility is to be located on Orion Energy LP's Hilton #23-I (SWSE V. Section 23, Township 6 South, Range 91 West) within a 13,200 -acre property owned by the State of Colorado, Division of Wildlife and located on CR 312 (Garfield Creek Road) south of New Castle, CO; and WHERERAS, the subject property is zoned Agricultural Residential Rural Density (ARRD) where such use is permitted as a Special Use; and WHEREAS, the Temporary Employee Housing facilities are to be completely contained within an approved Colorado Oil and Gas Conservation Commission (COGCC) approved natural gas 1 0 c, 1111N!ki,lifrmrr i& W,J'i11111 Reception#: 754331 08/12/2008 03:29:13 PM Jean fllberico 2 of 6 Rec Fee:50.00 Doc Fse:0.00 GARFIELD COUNTY CO well pad; and WHEREAS, the Temporary Employee Housing facility is to accommodate a maximum of 4 individuals at any one given time; and WHEREAS, the Temporary Employee Housing facilities is to be on location for no more than a cumulative of one (1) year each; and WHEREAS, the Board of County Commissioners opened a public hearing on the 11th day of August, 2008 upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 11s' day of August, 2008 to make a fmal decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03 and 5.02.21) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for a "Temporary Employee Housing" facility located south of the Town of New Castle off CR 312 (Garfield Creek Road) and within a property owned by the State of Colorado, Division of Wildlife, Garfield County is hereby approved subject to compliance with all of the following specific conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Conunissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2 IIIA iviW1411,141,11C,I, Yfit'AIN4kUlM1Ni 11111 Reception%: 754331 08/19/2008 03:29x13 PM Jean Rlberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.0O GARFIELD COUNTY CO 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. Emissions of smoke and particulate matter: every use shall be 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 hamrd 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. 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. 6. All Special Use Permits for Temporary Employee Housing are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. 7. Water and wastewater systems proposed to service Temporary Employee Housing must comply with all applicable state and local laws and regulations. 8. Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. The operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. 9. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. 10. The maximum allowable time length of the Special Use Permit for Temporary Employee Housing is one (1) year; however, no single Temporary Employee Housing facility allowed under this Special Use Permit shall be onsite for more than a cumulative of one year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. 3 Biu r rcrwtau{,rel �w�,�rr�at i� i, x� 111111 Receptlenf: 754331 08/19/200B 03:29:13 PM Jean Rlberico 4 of 6 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO 11. Inhabitants of the temporary housing shall be applicant's employees, contractors and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. 12. Temporary employee housing sites shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored on site for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. 13. Fire Protection General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to §307 of the 2003 International Fire Code (IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires. One (1) or more approved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Class B and Class C), carbon dioxide or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. 14. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. 15. The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee housing site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Garfield County Sheriffs Office and relevant Fire Protection District. 16. The applicant shall notify the County when site development begin. The applicant shall verify in writing, by site plan and through photo documentation that the site, water system, and sewage disposal system were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The County also reserves the right to inspect a site, without notice, to assess compliance with the Special Use Permit for Temporary Employee Housing. A determination of noncompliance with any Special Use Permit for Temporary Employee Housing, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section §9.01.06. 17. No animals shall be allowed at temporary employee housing sites. 4 1111 :101 Atii 111111 Reeeptlonf: 754331 08/19/2008 03.29:13 PM Jean Rlberico 5 of 6 Rec Fee:S0.00 Doo Fee:0.00 GARFIELD COUNTY CO 18. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Housing is four. 19. Sewage systems shall to be installed and maintained in accordance with the Garfield County ISDS regulations with all pipes and connections water tight and lids kept securely in place at all times except during normal cleaning operations. 20. Wildlife -proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly. 21. Each facility shall have a minimum total capacity of 3,000 gallons of potable water storage and be refilled a minimum of every five days. 22. Each facility shall have a minimum total capacity of 2,000 gallons of sewage /wastewater storage capacity and shall be emptied a minimum of every three days. Dated this $e- day of (Zt t yc.. , A.D. 20 GS' . A 11 EST: GARFIEL% OUNTY BOARD OF COMMI ` IONE' S, GARFIELD COUNTY, OLO Upon motion duly made and seconded foreg.'ng Rese' was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN Aye COMMISSIONER TRESI HOUPT Aye STATE OF COLORADO ) )ss County of Garfield ) 5 IniitrmatiimiAliliAlfCrifilVipliikilli II II I Recept1on5: 754331 06/19/7009 03:29:13 PM Jean Rlberieo 6 of 6 Rea Fee:30.00 Dec Fee:0.00 GARFIELD COUNTY CO I , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of , A.D. 20_ County Clerk and ex -officio Clerk of the Board of County Commissioners 6