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HomeMy WebLinkAbout4.0 Resolution 2006-108, Jll i[i hl,[+,t llill ltil ll{.H,rEIr+L'ffiJlHU il,,l ll lll Receptionfi: 712588 12l@7 IOA 1O:23AIl B:'1871 P:0316 I'lildred f,Isdorf1 of 9 Rec Fee:0.00 Doc Fee: GARFIELD COUNTY C0 srATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfreld County, Colorado, held in the Commissioners'Me;ting Room, Garfield County Cowthouse, in Glenwood Springs on Monday the 13ft of November,2}06,there were present: Tohn Martin , Commissioner Chairman Larry McCown , Commissioner Tr6si Houpt , Commissioner -Carolyn Dahlsren , Deputy County Attomey nfit,Or"A afOorf , Clerk of the Board .Tesse Smith , Assistant County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTTON NO. 2006 - -! B A RESOLUTION AMENDING TIIE TEXT SECTION 5.02.2I OF THE GARFIELD COUNTY ZONING RESOLUTION OF 1978 ADOPTING REGULATION. WHEREAS, on the Znd day of January , lg7g, the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-l concerning a Zorung Resolution for the County of Garfield, State of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so amended the said Resolution; and WHEREAS, on December 16, lggl, the Board adopted a codified version of the Garfield county zorungResolution of 1978 and all subsequent amendments; and WHEREAS, on October 11,2006, the Garfield County Planning Commission recommended approval of the proposed text amendment to Section 5.02.21, Special Use Permits for Temporary Employee Housing; WHEREAS, a public hearing was held on the 13fr day of November.,2006 before the Board of County Commissioners of CarfretO County, Colorado, at the Commissioners meeting room, Suite t00, Garfield Cotrnty Administrative Building , 108 8th Street, Glenwood Springs, Colorado, as to which hearing, pubiic notice was given in accordance with requirements of Section l0 of the Garfield County Zonng Resolution; Page 1 of3 \' ]ll H'l llt,llt!' Hll,lttlf !l,E l+,1'l{llH,Illif tti"l ll lll Receotion# i 7l25AA\ilotioa-to,zsnm e: 1871 P,0317 I'liIQrq:d 0lsdorf i-6i'g-F""-iE"'O oO Doc Fee, GARFIELD C0UNTY c0 WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following determination of fact: That an application for a zone district text amendments were made consistent with the requirements of Section 10.00 of the Garfield County Zonng Resolution of 1978, as amendod; That the Board of County Commissioners is authorized by the provisions of Section 30-28-116, C.R.S. 7973, as amended, to provide for the approval of amendments to the Garfield County ZorungResolution; That the public hearing 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 the hearing; That the Garfield County Planning Commission has reviewed the proposed zone district text amendment and made a recoilrmendation as required by Section 10'04 of the Garfield county zoningResolution of 1978, as amended; That the proposed text amendments are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of county commissioners of Garfield County, Colorado, that the Garfield County Zorung Resolution, adopted on the 2nd day of January,l9ig, and identified as its Resolution No. 79-1, as subsequently amended by this Board, ,6utt u. and hereby is amended and said language will be incorporated into the codified Garfreld county zontngResolution adopted by the Board on December 16, 1991 as shown on the attached Exhibit A: ADOPTED ATTEST: t] this *Lauv of De tt ^b'<-YL ,20a6 t. 2. J. 4. 5. GART'IELD COUNTY BOARD OF IONERS, GARFIELD Page2 of3 llll t/ri ltlrt ! l+,(lllll, I H' Lll tri HlIHltiHt il lfi i[,1 ] I I I' Rec'ept,ion#: 712588'l2l07 IOO 10:23np! B:1971 p:0318 ptildred Atsdorf3 of g Rec Fee:0.00 Doc Fee, onnFiEt_d-COur,rii cO Upon motion duly made and seconded the foregoing Resolution was adopted by the O following vote: Larr.v McCown , Aye Tr6si Houpt , NaY Jo , Aye srATE OF COLORADO ) )ss County of Garfield ) I _, County Clerk and ex-offrcio Clerk of the Board of Cognty C"-r"irri"**, i" ""4 fo. tt" County and State aforesaid, do hereby certiff that the *rr"r"d 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.2006. County Clerk and ex-ofFrcio Clerk of the Board of County Commissioners Page 3 of3 ill Ht flll,h[,Hll It+ [' llilli t{fi'iltfiill{'r'llH { H"'l ll ll I Receotion#:. 772584 12t07tgO 10:2341'l B:1871 P:0319 I'lildred nlsqorf 4-oi g Rec Fee:0.00 Doc Fee: GARFIELD CoUNTY c0 Garfield County, Board of County Commissioners As Adopted November 13' 2006 Page I of6 Exhibit A 5.02.21Special use Permits for Temporary Employee Housing: (1) At times of severe housing shortage, extremely, remote locations or other emergency conditions, spLcial us6 permits for temporary emplgy.eetrousing in the nature of manufactured homes ias defined under C.R.S' 42-1-102 (106) (b)I and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truci< tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposes] may b9 granted for projects within Gartieu County related to commercial, industrial, mineral extraction oi nign;ay operations of substantial size in any zone district by the County Commilsionersthrough the special use permit process- Such housing shall be of a temporary nature. At the expiration of the permit, the lan-ds shall be restored and all housing structures and associated infrastructure shall be removed. Review of thJ permit shall be subject to 59.03 and S5'03-of the Garfield county zoning R"gulations of 1978 as Amended. All special use Permits for Temporary rilproi* Housing is subject to all a.pplicable building coqe, state and federal p"r*t,'lrqrirements, flre protedion district requirements and fire code requirements. (2) Special use Permits for Temporary Housing: The.applicant shall submit an' ' adequate site plan, consistent with 59.01.01 and including proposed water supply, proposed method of sewagi treatment and names and addresses of adjacent Property owners. (A) Water and wastewater systems proposed to service temporary employe.e housing *r"t "o*ply witn all applicable state and local laws and regulations' ln addilion, all sewage must be disposed of on-site using an lndividual SewageDisposalsystem(ISDS)unlesstheapplicantcanprove: 1. That, at the discretion of the Garfield county Board of Health, an lSDd system is not feasible due to environmental, topographic or engine;ring conditions where the temporary housing is to be located; or 2. That, at the discretion of the Garfield County Board of. Health, year- round access is available and maintained for safe and regular access for sewage hauling vehicles. ln addition, the following conditions must be met: a. The applicant must demonstrate and guarantee an arrangement for hauling sewage; and b. The applicant must maintain all records including but not limited io trip logs/reports and landfill receipts; and c. All sewage disposalrecords must be maintained as public records io be available to the county and/or any other interested third party upon request; and d. The temporary houiing must not exceed a cumulative of one (1) Year at an aPProved location' :lll iir'] Itt,Hli l4l,!{h Hlllhit l*1r:Hi',llll[ |il"'l ll ll l Receotionfi: 712588iiifiia6-irj,isrir't B iEzt P:0320 Plildrs:d,Alsdorrs'ii'5"F"i-rI. ii oo Doc Fee GnRFIELD couNrY co (B) For sites where potable water is hauled to and wastewater is hauled out, applicants mustkeep 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' For facilities il;g tt ;nty-four (24) people oi less, the operator must conduct monthly tests (6r quarierty if Ln bir-siie disinfection system is installed) and maintain records of stored potable water samples specific for coliform' Any tests indicating coliform contamination must be disclosed to the Garfield county Board of Health or designee. water systems serving twenty-five (25) people or more must demonstrite conformance to state regulations by obtaining all nec,essary staie permits prior to the scheduling of a Special Use Permit for Temporary Employee Housing public hearing' (C) ln no case shall unsafe water be used for drinking nor shall raw sewage or used water be discharged on the ground surface' (D) Special Use Permits for Temporary Employee Housing sites must be related to One or more commercial, induStrial, mineral extraction or highway operation locations and shall be limited to a spacing of at least one (1) mile between temporary employee housing sites, regardless of land ownership or operator. special use permits for Temporary Emgloyee Housing.for oil and gas extraction purposes in the Resource Lands (RL) zoning district may be Sxempted by the gOCC from the one mile spacing if the operator can prove that the nousing structures and all supporting inJrastructure will be contained within the Cololado Oil and Gas Commission (COGCC) approved ryellqad and there wiil be no new additional land disturbance outside of the COGCC approved well pad area. lf the applicant is applying jor a special use Permit for Temporary Lmployee Housing on an approy5t! COGCC well pad' the applicant muit providl the relevant approved APD.permit indicating housing location(s) along with the application for a Special Use Permit for Temporary Employee Housing. (3) The maximum allowable time length of the special Use Permit for Temporary Employee Housing is one (1) yeai. For good cause shown, the permit may be renewed annuattyln a publ'ic meeting with notice by agenda only- Annual renewal review shall be blsed on the standaids herein as well as all conditions of the permit. A permit may be revoked anytime thro_ugh a public hearing called up by staff or the Board of County Commissioners. By way of example and not limitation, continued non-availability of a permanent housing inventory or the nature of the construction or extraction project may constitute "good cause'for renewal. The applicant must provide an eJtimated total cumulative length of time the temporary employee housing will be at the proposed location along with a statement of inteniions to requeit renewal past the one year expiratio.n date as part of the Special Use Permit for Temporary Employee Housing application. Failure to provide a statement of intention for renewalwill prohibit the Special Use Permit for Temporary Employee Housing permit from future renewal consideration. (4) Temporary housing shall be located at a site authorized by the Boald of County Commissioners a;d identified on the relevant site plan submitted with the Special Use Permit for Temporary Employee Housing. lnhabitants of the temporary Garfield County, Board of County Commissioners As Adopted November 13, 2006 Page2 of6 llll [il''r !{t,llr[, Hlt l['l ll"l I +fl+lEt+rillfi'1il" { ll I I I Receptionfi: 772588|it-olioa-to z3nu B.ie,t P,0321 l'liIdred Alsdorr d'6i'6"il"J-rEE,o oo Doc Fee GnRFIELD couNTY c0 housing shall be applicant's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. (5) Temporary employee housing sites shall be maintained in a clean, safe and saniiary cbndition, 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. (A) Fire protection General Requirements: Provisions shall be made for giving alarm in case of fire. lt 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 S3O7'of the 2003 lntemational Fire Code (lFC) including b.,t ryt limited to [ermits, attendance, open fires, coal grills, fire bans and bon flres' One (1) or more approved extinguishers of a type suitable for flammable liquid or electricaifires (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. A water storage tank may be required if County and localfire protection officials deem it necessary. (B) Bear-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 equifttent 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' (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the temporary employee housing site are provided. (D) The applicant shall provide a detailed map and GPS coordinates to the' ' Garfield County Sheriffs Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the temporary employee nouiing site; private and public roadways accessing the site, marked as open, gated andior locked; and detailed directions to the site from a major pubiic right-of-way. The map is subject to approval by the Garfield County Sheriff's ffice and relevant Fire Protection District. (6) lf structures, requiring Building Permits under the Garfield County Building Code, are constructed'for the commercial, industrial, highway project or mineral extraction operation related to the Special Use Permit for Temporary Employee Housing, upon expiration or revocation of the permit Certificates of Occupancy for such structures shall be withheld untilthe temporary living quarters are removed and the site is restored to the satisfaction of the County Building and Planning Director. (7) lf a Special Use Permit for Temporary Employee Housing is granted, the..' ' applicant shall notify the county when site development begins. The applicant sirall verify in writing, by site plan and through photo documentation that the site, Garfield County, Board of County Commissioners AsAdoPted November 13' 2006 Page 3 of6 t I I I il't "h!, [fr!', H li. !+] I H't' Il lti ltlrl I'HI.': tH L lil"'l I I I I I RebeDtiontl. 712588titol'too 10:23F1'l B:1871 P:a322 l'lildred Flsdorfi-oi s-Rec FEe,0.00 Doc Fee: GARFIELD c0uNTY c0 Garfield County, Board of County Commissioners As Adopted November 13, 2006 Page 4 of6 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. Allwritten documentation and site plans veiifying compliance must be stamped by a certified Colorado Engineer. The coJnty aiso reserves the right to inspect a site, without notice, to asJess compliance with the Special Use Permit for Temporary Employee. - Housing. A determination of noncompliance with any SpecialUse Permit for Tempoiary Employee Housing, or condition approvalthereof, is grounds-for revocation or suspension of siid permit, in accordance with Section 59.01.06. (8) lf there is suitable permanent housing inventory available in an area near the commercial, indusirial, highway project or mineral extraction operation, as determined at the discretion olthe BOCC, the Special Use Permit for Temporary Employee Housing shall not be granted. (9) No animals shall be allowed at temporary employee housing sites. (10) ln evaluating a request for a Special Use Permit for Temporary Employee Housing, thdCouniy Commissioners may require compliance with additional conditions of approval as may be needed to ensure the health, safety and welfare of the public. (A.81-263) (1 1)The applicant shall submit as part of the special Use Permit for Temporary' 'Employee Housing, a reclamation and revegetation plan for each specific site addressing all points in section eleven (11) within this $5.02.21. a. Debris and waste materials, including, but not limited to structures, concrete, footings, sewage disposal systems and related infrastructure, water storage and related dislributibn infrastructure, roads, and other sand, plastic, gravel, pipe and cable shall be removed. All pits, cellars, and other holes will be backfilled as soon as possible after all equipment is removed to conform to surrounding terrain. All access roads to the site and associated facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of tne access road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall be completely pumped out and either crushed in place, punctured and filled with inert material or removed. Any waste material pumped from a wastewater tank or waste debris from tank removal must be disposed of at an approved facility that is permitted by CDPHE and/or Garfield County to receive said wastes. Materials may not be bumed or buried (other than lStiS) on the premises. All disturlced areas affected by temporary employee housing or subsequent operations shall be reclaimed as early and as nearly as practicable to their original condition and shall be maintained to control dust, weeds and minimize erosion. As to crop lands, if subsidence occurs in such areas additionaltopsoil shall be added to the depression and the land shall be re-leveled as close to its original contour as practicable- Reclamation shall occur no later than three (3) months after the Special Use permit for Temporary Employee Housing expires or is revoked unless the Director or designee-extends the time period because of conditions outside the control of the aPPlicant. b. All areas compacted by temporary employee housing and subsequent Il I I iir,l' hl,[lli, H,t J, lHll !{lL t{Il? Iu,: li,Iil ttil, li",l I I I I IReception#: 71258812147/06 10:23Q1'1 B:1871 P:0323 l'liIdr-ed Alsdorf8 of I Rec Fee:0.00 Doc Fee: G0RFIELD COUNTY C0 operations shall be cross-ripped. on crop land, such compaction alleviation . oierations shall be undertak'en when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping shall be undertaken to a depth of Lighteen (18) inches unless and to the extent bed rock is encountered at a shallower dePth' c. When a temporary employee housing site is removeq alldisturbed areas will be restored and revegetatld as soon as practicable' F-or disturbed areas not iegulrieo by the Colo-rado Oil and Gas Conservation Commission, the following regulations will aPPIY: (1) Revegetation of crop lands. All segregated soil.horizons removed from crop l-ands shall be replaced to their original relali-v9 positions and .. contour, and shall Oe iitteO adequately t-o re-establish a proper seedbed' The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion' Any perennialforage crops that were present before disturbance shall be reestablished. (2) Revegetation of non-crop lands. All segregated soil horizons removed from non-crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long- term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species Gonsistent with the adjacent plant community ir "n"Jrr"geO. ln the absence of an agreement between the applicant and the affe&ed surface owner as to what seed mix should be uied, the applicant shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area' d. During occupation and reclamation operations, alldjsturbed areas shall be kept f-ree of 'Garfield County and State of Golorado List A and B noxious weeds. e. successful reclamation of the site and access road will be considered completed when: (1) on crop land, reclamation has been performed as per 1 1(cX1) of this section, and observation by the Director or designee over two growing seasons has indicated no significant unrestored subsidence. (2) On non-crop land, reclamation has been performed as per 1 1(cX2) of this section, and the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director or designee shall consider tne t6tat @ver of iive perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree @nopy cover, having similar soils, slope and aspect of the reclaimed area' (3) A final reclamation inspection has been completed by the Director or Garfield County, Board of County Commissioners AsAdopted November 13' 2006 Page 5 of6 ril ffi ltl,l+|llilI'ltu{i Ii,".T3d ",1o ;.I# ?-=-?8, 9 of 9 Rec Fee:o'ou uoc Hif,lilrlufHLllFtli'l ll ll I E;3i't*Hi iEt6o.3li??' to Garfield County, Board of County Commissioners As AdoPted November 13, 2006 Page 6 of6 designee, there are no outstanding compliance.issues relating to Garfield Couity rules, regulations, orders or permit conditions, and the Director or designee nas notified the applicant that final reclamation has been approved. f. Specifically as to revegetation, the applicant shall provide security for rivegetation of disturbld areas in amount and in accordance with a plan appriveO by the Garfield County Vegetation Management Department' The- , sefurity snitt Ue held by Garfietd County untilve^getationJras been successfully reestablished according to tn" standards in the Garfield county Vegetation Management Plan aaolteO by resolution No. 2002-94, as amended. g. specifically as to reclamation, the applicant shall provide security for " reclamation of disturbed areas in amount and in accordance with a plan apfroveO by the Garfield County Planning Department. The security shall be ["fO LV Orrfi"ld Cornty until reclamation has been successfully completed per Section 11 within this $5.02.21.