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HomeMy WebLinkAbout2.0 Staff Report 2.14.07Exhibits (2lU/07): Public Meeting Exhibit Letter (Ato Z\ Exhibit A Garfield County ZorungRegulations of 1978, as amended (the Zoning Code) B Staff Memorandum C Application from Garfield Coun8 Planning Department D Resolution amending section 5.02.21, Temporary Employee Housing E Resolution amending section 3.10.01, 3.10.03, 3.10.04, Camper Parks for the Purpose of Providing Temporary Quarters to Employees and Contractors of the Energy Extraction Industries" APPLICANT (OWNERS): REPRESENTATIVE: PC U14lo7 DP PROJECT INFORMATION AND STAFF COMMENTS Amend the text of Section 3'10'01' 3'10'03- and g.tO.O+ of the Zoning Resolution of 1978' as amended regarding thJ"Oxy Amendment" (Camper Parks as a means 6ttempoiary Employee Housing) (Public Meeting) Garfield CountY Garfield County Planning Department onho,",ffi**BoardofGountyCommissionersdirectedstafftostarttheprocess.of rescinding what hasbecome known ,, iil b*y Amendment, which added'camper Parks for the purpose of providing temporary qr"rt"o'to "rirployees and contractors of the energy extraction industries,,which n"L t""'n "odeo'as " J.", sp""iar in the Resource Lands Zone District' The context of this request is dictated by a recent amendment by wiiliams Production RMT which changed Section S.OZ.Z1to accommoh"t" manufactured homes and campers for the use of temporary emptoyeeErriirig. ine revislon of s""tion 5.02.21was effective in allzoning districts and includes provisions for tempor"ry "rpioy"" rto,"'.ns by.the resourc€ extraction industry' The removar of the ory Amendment wiil pr";;;t dr;ri""tioi *itttin the Zoning Resorution since section S.O2.21now allows for campers as a means oi temporary employee housing' The Orry Amendment which was passed on June 6h, 2006, added: "Camper Park for the purpose Of providing temporary ouartgry^to^9TPr9l""t and contractors of the energy extraction industries'as a Uses, speciarto s.ttion" i.to.or, i.ro.os ;Js.ro.oa of the carneH dounty Zoning Resorution of 1978, as amended' *Camper Parks for the purpose of providing temp. ora.ry q.Yart€rs to employees and contractors of the energy extraction industries" "r* "rrr"ntty-permitteO in the following zone districts: Zone District . EermlttP9SPecialUse Permit ri""ort"" Lands (ratus Siopes) Special Use Permit H".out"" Lands icSlvfl ' Special Use Permit ,ol!*o,"ffi,arksforthepurposeofprovidingtemporaryqu3rt9Ftoemployee:.alq contractors of the energy extraction inoristries" as a usei, spetiar trom seaions 3.10.01, 3'10'03 and 3.10.M of the carrieu County z;il RFolution oiigze' as amended' This change will remove duprication *it,in t " carn;ro'douitv Zoning Resorution as campers for the purposes of T;pdtemptoyee riou"ing "r" also a[owed under section 5.02-21. I REQUEST: EXHIBIT$ STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfreld County, Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 13ft of November,2006,there were present: John Martin . Commissioner Chairman Lary McCown . Commissioner Tr6si Houot , Commissioner Carolvn Dahlsren ., Deputy County Attorney Mildred Alsdorf , Clerk of the Board Jesse Smith Assistant County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2006 _ A RESOLUTION AMENDING TIIE TEXT SECTION 5.02.2I OF THE GARFIELD COTINTY ZONING RESOLUTION OF 1978 ADOPTING REGUI,ATION. WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of Garheld County, Colorado, adopted Resolution No. 79-l concerning a Zonrng 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 arnendments to such Zoning Resolution, and the Board has so amended the said Resolution; and WHEREAS, on December 16, 1991, the Board adopted a codified version of the Garfield County Zorung Resolution 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 Pennits for Temporary Employee Housing; ---WHEREAS, a public hearing was held on the 136 day of November,2006 before the Board of County Commissioners of Garfield County, Colorado, at the Commissioners meeting room, Suite 100, Garfield County Administrative Building , 108 8th Street, Glenwood Springs, Colorado, as to which hearing, public notice was given in accordance with requirements of Section 10 of the Garfield County Zormg Resolution; Page 1 of3 ) )ss ) WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following determination of fact: i. That an application for a zone district text amendments were made consistent with the requirements of Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended; 2. That the Board of County Commissioners is authorized by the provisions of Section 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to the Garfield County Zaning Resolution; 3. 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; 4. That the Garfield County Planning Commission has reviewed the proposed zone district text amendment and made a recommendation as required by Section 10.04 of the Garfietd County ZontngResolution of 1978, as amended; 5. That the proposed text amendments are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizers of Garfield County. NO\i,', THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted on the 2nd day of January, L979, and identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Zorung Resolution adopted by the Board on December 16, 1991 as shown on the attached Exhibit A: ADOPTED this day of ATTEST: ,@ry GARFIELD COT]NTY BOARD OF COMMISSIONERS, GARFIELD COIINTY, COLORADO Clerk of the Board Chairman Page 2 of3 Upon motion dulY following vote: STATE OF COLORADO County of Garf,reld made and seconded the foregoing Resolution Larr-v McCown , AYe Tr6si Houot -, Nay John Martin -, Aye was adopted by the ) )ss ) I ''=-, County Clerk and ex-officio Clerk of the Board of r, _County y and State aforesaid, do hereby certify that the *rr.*"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 affrxed tryfial of said County, at Glenwood Springs, this - day of -, A'D' 2W9gT_ County Clerk and ex-officio Clerk of the Board of County Commissioners Page 3 of3 Garfield County, Board of County Commissioners As Adopted t "r"rHll, i r"lo: 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, special use permits for temporary employeeln-ot1.sqg in the niture-of manufactured homes [as defined under C.R.S. 42-1-102 (106) (b)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposesl may be granted for projects within GarfietO County related to commercial, industrial, mineral extraction or highway operations of substantial size in any zone district by the County Commiisioners through the special use permit process. Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all housing structures and associated infrastructure shall be removed. Review of the permit shall be subject to $9.03 and 55.03 of the Garfield County Zoning Regulations of 1978 as Amended. All Special Use Permits for Temporary Eilploiee Housing is subject to all applicable building co{e, state and fedeial permit iequirements, fire protection district requirements and fire code requirements. (2) Special Use Permits for Temporary Housing: The applicant shall submit an' ' adequate site plan, consistent with $9.01.01 and including proposed water supply, proposed method of sewage treatment and names and addresses of adjacent property owners. (A) Water and wastewater systems proposed to service temporary employee housing must comply with all applicable state and local laws and regulations. ln addiiion, all sewage must be disposed of on-site using an lndividual sewage Disposal system (lsDS) unless the applicant can prove: That, at the discretion of the Garfield County Board of Health, an ISDS system is not feasible due to environmental, topographic or engineering conditions where the temporary housing is to be located; or 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: The applicant must demonstrate and guarantee an arrangement for hauling sewage; and The applicant must maintain all records including but not limited to trip logsireports and landfill receipts; and Allsewage disposal records must be maintained as public records to be available to the County and/or any other interested third party upon request; and The temporary housing must not exceed a cumulative of one (1) year at an approved location. 1. a. b. d. Garfield County, Board of County Commissioners As Adooted "*"ri"J# r"or[ (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 serving twenty-four (24) people or less, the operator must conduct monthly tests (6r quarierly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coliform contamination must be disclosed to the Garfield County Board oiHealth or designee. Water systems serving twenty-five (25) people or more must demonstrite conformance to state regulations by obtaining all necessary state 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 Employee Housing for oil and gas extraction purposes in the Resource Lands (RL) zoning district may be exempted by the BOCC from the one mile spacing if the operator can prove. that the houiing structures and all supporting infrastructure will be contained within the Coloiado Oil and Gas Commission (COGCC) approved well pad and there will be no new additional land disturbance outside of the COGCC approved well pad area. lf the applicant is applying for a Special Use Permit forTemporary Employee Housing on an approved coGCC well pad, the applicant muit provide 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 lengrth of the Special Use Permit forTemporary Employee Housing is one (1) year. For good cause shown, the permit may be rene*id annually in a pubtic 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. By way of example and not limitation, continued non-availabili$ 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 estimated total cumulative length of time the temporary employee housing will be at the proposed location along with a statement of intentions to request renewal past the one year expiration date as part of the Special Use Permit for Temporary Employee Housing application- Failure to provide a statement of intention for renewal will 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 Board of County' . Commissioners ant 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 Ado,ted * *.',ffi!:ri r"oro: housing shall be applicant's employees and/or subcontractors, working on the relatedlonstruction or mineralextraction 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 condition, free of Weeds and refuse. Any hazardous or noxious materi;ls 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, sheriffs office and resident employees. Allfires are subject to S307'of the 2003 lntemational Fire Code (lFC) including but not limited to.. [ermits, attendance, open fires, coal grills, fire bans and bon fires. 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 local fire 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 equivLlent in a centraltrash 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 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 ffice and relevant Fire Protection District. (G) 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. siritt verity in writing, by site plan and through photo documentation that the site, Garfield County, Board of County Commissioners As Ad ooted **"ri:'*11,;'f : 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 ptans verlfying compliance must be stamped by a certified Colorado Engineer. The county aiso reserves the right to insplct a site, without notice, to asiess compliance with the Special Use Permit for Temporary Employee - Housing. A determination of noncompliance with any Special Use Permit for Tempoiary Employee Housing, or condition approval thereof, is grounds for - revocation or suspension of said permit, in accordance with Section S9.01'06- (g) lf there is suitable permanent housing inventory available in an area near the commercial, industrial, highway project or mineral extraction operation, as determined at the discretion of the 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, thJCouniy Commissioners may require compliance with additional conditiJns 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 Speoial Use Permit for Temporary' 'Emp6iee Housing, a reclamation and revegetation plql for each specific site addressing allpoints 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 OiJtriUution infrastructure, roads, and other sand, plastic, gravel, pipe and cable shall be removed. All pits, cellars, and other holes willbe backfilled as soon as possible after all equipment is removed to conform to surrounding terrain. Ail access roads to the site and associated facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the 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 ISDS) on the premises. All disturbed areas affected by temporary employee housing or subsequent operations shall be reclaimed as early and as nearly as praciicable 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 additional topsoil shall be added to the depression and the land shall be reJeveled 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 Garfield County, Board of County Commissioners As Adopted - *"rru:r; 1rr.: operations shall be cross-ripped. On crop land, such compaction alleviation operations shall be undertaken 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 eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. c. When a temporary employee housing site is removed, all disturbed areas will be restored and revegetated as soon as practicable. For disturbed areas not regulated by the Colorado Oil and Gas Conservation Commission, the following regulations will apply: (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour, and shall be tilled adequately to 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 perennial forage 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 disturlced area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant community is encouraged. ln the absence of an agreement between the applicant and the affected surface owner as to what seed mix should be used, 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, all disturbed areas shall be kept free of Garfield County and State of Colorado 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 11(c)(1) 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 11(c)(2) 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 the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy 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 As Ad opted * *","fL:u; r"orT designee, there are no outstanding compliance issues relating to Garfield County rules, regulations, orders or permit conditions, and the Director or designee has notified the applicant that final reclamation has been approved. f. Specifically as to revegetation, the applicant shall provide security for revegetation of disturbed areas in amount and in accordance with a plan approved by the Garfield County Vegetation Management Department. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the standards in the Garfield County Vegetation Management Plan adopted 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 approved by the Garfield County Planning Department. The security shall be held by Garfield County until reclamation has been successfully completed per Section 11 within this $5.02.21. STATE OF COLORADO) EXHIBIT c- County of Garfield )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield CountyCourthouse, in Glenwood Springs on Monday, the 5fr day of June, 2006, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tr6si Houpt , Commissioner Don DeFord County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH AMENDING THE GARFIELD COUNTY ZONING RESOLUTION OF 1978BYTHEAMENDMENTOFSECTIONS3.10.01,3.10.03and3.10.04 TOADD"CAMPERPARKFOR THE PURPOSE OF PROVIDING TEMPORARY QUARTERS TO EMPLOYEES AND CONTRACTOR OFTHE ENERGY EXTRACTION INDUSTRIES'' AS USES, SPECIAL WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1 concerning aZonrng 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. 19J3, 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, 1991, the Board adopted a codified version of the Garfield County Zoning Resolution of 1978 and all subsequent amendments; and WHEREAS, OXY USA WTP LP applied for a zone district text amendment to add the term "camper park for the purpose of providing temporary quarters to employees and contractor of the energy extraction industries" as a Special Use to Sections 3.10.01, 3.10.03 and 3.10.04 of the Garfield County Zoning Resolution of 1978, as amended. WHEREAS, on May 24,2006, the Garfield County Planning Commission recommended approval of the proposed text amendments; WHEREAS, a public hearing was held on the 5th day of June, 2006, before the Board of County Commissioners of Garfield County, Colorado, as to which hearing, public notice was given in accordance with requirements of Section l0 of the Garfield County Zoning Resolution; WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following determination of fact: 1. That an application for a zone district text amendments was made consistent with the requirements of Section 10.00 of the Garfield County Zonrng Resolution of 1978, as amended; 2. That the Board of County Commissioners is authorized by the provisions of Section 30-28- 1 16, C.R.S . I9'/3, as amended, to provide for the approval of amendments to the Garfield County Zonrng Resoluti on ; 3. 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 parlies were heard at the hearing; That the Garfield County Planning Commission has reviewed the proposed zone district text amendments and made a recommendation as required by Section 10.04 of the Garfield County Zonrng Resolution 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 Zoning Resolution, adopted by this Board on the 2nd day of January, 19J9, and identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Zoning Resolution adopted by the Board on December 16, i991 as follows: Add "camper park for the pulpose of providing temporary quarters to employees and contractor of the energy extraction industries" as a Uses, special to Sections 3.10.01,3.10.03 and 3.10.04 of the Garfield County Zonrng Resolution of 1978, as amended. ATTEST:GARFIELD COUNTY BOARD OF COMMIS SIONERS, GARFIELD COLTNTY, COLORADO 4. 5. Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin -, Aye Larry McCown , AYe Tr6si Horrnt , Aye STATE OF COLORADO ) )ss County of Garfield ) 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.2006 County Clerk and ex-officio Clerk of the Board of County Commissioners