HomeMy WebLinkAbout3.0 BOCC Staff Report 06.15.2009Exhibits for a public meeting held on June 15th, 2009 (Renewal of Special Use Permit
approved under Resolution 2008-65)
Exhibit
Letter
(A to Z)
Exhibit
A
Garfield County Land Use Resolution of 2008
B
Staff Memorandum
C
Letter from Curtis Ryland of Marathon Oil Company dated March 31, 2009
D
Site Plan for Temporary Employee Housing Facility
E
Special Use Permit for Resolution 2008-65 issued July 7, 2008
F
Resolution 2008-65
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PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPROVAL DATE
PERMIT SIGNED
REQUIREMENT
APPLICANT
LOCATION
PARCEL INFORMATION
EXISTING ZONING
ADJACENT ZONING
STAFF RECOMMENDATION
BOCC 6-15-2009
DP
Renewal of Special Use Permit for One
Temporary Employee Housing facilities on
COGCC approved well pads per §5.02.21.
April 7, 2008
July 7, 2008
Annual Review (Review due July 7, 2009)
Berry Petroleum Company (Marathon Oil
Company — Operator)
The subject property is an approximately 880
acre parcel located approximately 17 miles
northwest of the Town of Parachute off
Garden Gulch Road.
Approximately 880 acres. Site located 17
miles Northwest of the Town of Parachute.
Resource Lands (RL) - Plateau
Resource Lands (RL)
Open Space (OS)
Renew Until July 7, 2010
Berry Petroleum Comp. (Marathon — Operator) -Temporary Employee Housing - Renewal
BOCC — 6-15-2009
Page 2
On April 7, 2008, Marathon Oil Company received approval for a Special Use Permit (SUP) for one
"Temporary Employee Housing" facility on property owned by Berry Petroleum Company located
approximately 17 miles northwest of the Town of Parachute (Resolution 2008-65). The Special Use
Permit was issued on July 7, 2008. Condition of Approval Number 10 within Resolution 2008-65
states:
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 of the Special
Use Permit 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.
The purpose of this request is to renew the SUP for one additional year from the upcoming July 7,
2009 expiration date. This would allow the SUP to be in effect for one additional year. If this
extension is granted, the next expiration date would be July 7, 2010.
Following a site visit to the location on May 27, 2009 and discussions with the Applicant, it was
found that due to the recent downturn in drilling activity the permitted Temporary Employee
Housing Facility has not yet been installed. Staff understands the desire of the Applicant is to renew
the permit for an additional year in anticipation that drilling activity will increase in the near future
which could necessitate the need for the facility. Further, Marathon has demonstrated a willingness
to comply with all relevant regulations and no violations have been observed.
Provided the anticipated future need for the SUP as approved under Resolution 2008-65 in
combination with the willingness and desire of the Applicant to work with the County, Staff
recommends that the BOCC approve the requested annual renewal.
Berry Petroleum Comp. (Marathon — Operator) -Temporary Employee Housing - Renewal
BOCC — 6-15-2009
Page 3
Photo of site which is currently approved for a Temporary Employee Housing Facility under
Resolution 2008-65
M Marathon
MARATHON Oil Company
March 31, 2009
Fred Jarman
Director
Garfield County Building &
Planning Department
108 8rh Street, Suite 401
Glenwood Springs, CO 81601
Mr. Jarman,
Rockies Gas Team
743 Horizon Ct., Ste 220
Grand Junction, CO 81506
Telephone 970/245-5233
Fax 970/245-6287
RECEIVED
APR 0 3 2009
GARFIELD COUNTY
BUILDING & PLANNING
a
3
EXHIBIT
c
Marathon Oil Company is requesting an extension of one year for the Special Use Permit to allow
Temporary Employee Housing to support our operations in Garfield County located on parcel number
213532100009. This permit was originally issued on April 7, 2008, and thus is scheduled to expire on
April 7, 2009. Our requested extension would extend approval of the permit to April 7, 2010.
Marathon's request for an extension is in accordance with condition 10, memorialized in resolution 2008-
65 as stated below:
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 view of the Special
Use Permit 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.
As stated in the original application for this permit, this facility will be used principally during the winter
months to provide safe housing for construction personnel involved with Marathon's operations. The
presence of these personnel in close proximity to these operations is essential to Marathon's operations.
These temporary quarters are critical to allow Marathon to offer a safe working environment for these
and other workers and will also enhance the driving safety of the general public.
If you or Garfield County staff has any questions regarding this request, please contact me at 970-244-
5730.
Sincerely,
Curti Ryland
Operations Superintendent
Marathon Oil Company
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1111 MI.F1M/AMJATiliWrierriNtiiiiilillilliii 11 ll �
Reception#: 751856
07/0Bf2008 01:55:57 PM Jean Rlberico
1 of 1 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
SPECIAL USE PERMIT
for
One "Temporary Employee Housing"
Within a Property Owned By Berry
Petroleum Company and Marathon Oil
Company, Garfield County
Parcel Number: 213532100009
EXHIBIT
In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution
of 1978, as amended, and Resolution No. 2008 - 6.5 of the Board of County
Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use
Permit, the following activity:
"TEMPORARY EMPLOYEE HOUSING"
CONCERNING THE INSTALLATION OF 1
CENTRALIZED TEMPORARY EMPLOYEE HOUSING
FACILITY OPERATED BY MARATHON OIL COMPANY
AND LOCATED APPROXIMATELY 13 MILES NORTH OF
7IL TOWN OF PARACHUTE
The Special Use Permit is issued subject to the conditions set forth in the above-mentioned
resolution, and shall be valid only during compliance with such conditions and other
applicable provisions of �,� eld County Zoning Resolution, Subdivision Regulations,
Building Code, ands of the Board of County Commissioners of Garfield
County, Colorado
Al I EST:
GARFIELD COUNTY BOARD OF
COMMISS s RS, GARFIELD
COUNTY COL 1 RADO
2cG x-f-ro
of the Board
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1
■III Itn.11WM11,1Cti ilrinviChri 1411 10.1114 11111
Reception#. 747980
05/06/2008 02:04:44 PM Jean Alberico
1 of 6 Rec Fee:$0.00 Doc Fee: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 7th day of April A.D. 2008, there were present:
John Martin
Larry 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. 2008-65
A RESOLUTION CONCERNED �OT�RT�� EMPLOYEE HOUSING" FROVAL OF A ACILITY
USE
PERMIT REQUEST FOR
LOCATED APPROXIMATELY 131NMILES PETROLEUM COMPANY ANDHE TOWN OF
AND WITHIN A PROPERTY OWNED
MARATHON OIL COMPANY, GARFIELD COUNTY
PARCEL NO 213532100009
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a
Special Use Permit request for 1 "Temporary Employee Housing" facility located approximately 13
miles north of the Town of Parachute and within a property owned by Berry Petroleum Company,
Garfield County; and
WHEREAS, the Temporary Employee Housing facility is to be located at 1 location within
the 880 -acre property owned by Berry Petroleum Company and Marathon Oil Company located off
County Road 215 and off "Garden Gulch Road" north of Parachute, CO; and
WHERERAS, the subject property is zoned Resource Lands where such use is permitted as
a Special Use; and
WHEREAS, the Temporary Employee Housing facility is to be a centralized facility; and
WHEREAS, the Temporary Employee Housing facility is to accommodate a maximum of 72
1
1IIIKFiliiiN4IMPilthliL li,411 IIi 11111
Reception#: 747980
05/06/2008 02:04:44 PM Jean Plberieo
2 of 6 Ree Fee:$0.00 Doe Fee:0.00 GPRFIELD COUNTY CO
individuals at any one given time (four people per dwelling unit); and
WHFREAS, the Temporary Employee Housing facility is to be on location for more than a
cumulative of one (1) calendar year and requires yearly review by the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners opened a public hearing on the 7's day of
April, 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 7th day of
April, 2008 to make a final 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 1 "Temporary Employee Housing" facility located
north of the Town of Parachute and within a property owned by Berry Petroleum Company, 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 Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
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.
2
■III ! '� 1 ■,I i,l ��,�1, �, *7 ' 1111
Reception#: 747980
05/06/2008 02:04:44 PM Jean Alberico
3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 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. 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 facility 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 facility 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.
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. For facilities serving twenty-four (24) people or less, 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.
n 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 of the Special Use Permit 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.
11. Inhabitants of the temporary housing shall be applicant's employees and/or subcontractors,
3
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Receptionti: 747980
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4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
working on the related construction or mineral extraction operation, and not dependents of
employees, guests or other family members.
1 emporary 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 summoning7 fire2003e International Fes office and resident
Code (IFC) including
employees. All fires are subject to §
but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires. One (1)
or more extinguishers of type 2A-10BC shall be located in an open station so that it will not
be necessary to travel more than seventy-five (75) feet to reach the nearest extinguisher.
Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to
e temporary employee housing site are provided.
15. 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
p
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 Sheriff's Office and relevant Fire Protection District.
16. The applicant shall notify the County when site development begins for the facility. 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.
072
1'.o a ' s -shall be allowed at temporary employee housing sites.
O8. The maximum number of occupants permitted under this Special Use Permit for Temporary
Employee Housing is four (4) per housing unit.
0. The maximum number of Temporary Employee Housing units permitted under this Special
4
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Reception#: 747980
05/06/2008 02:04:44 PM Jean Alberico
5 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Use Permit is not to exceed eighteen (18).
20. Sewage systems shall to be installed and maintained in accordance with the Garfield County
and the State of Colorado ISDS regulations and shall be installed prior to the issuance of the
Certificate of Occupancy.
21. The facility shall have a minimum total capacity of 24,000 gallons of potable water storage
which shall be refilled a minimum of every two (2) days.
22 ildlife-proof refuse containers shall be provided for trash. At least one thirty (30) gallon (4
cubic yard) 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.
Dated this s ^ day of YvL
ATTEST:
, A.D. 20 ( .
GARFIELD COUNTY BOARD OF
COMMIS . • ' • ' S, GARFIELD COUNTY,
COLO
erk of the Board
Upon motion duly made and seconded the for
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO
)ss
County of Garfield
adopted by the
, Aye
, Aye
, Aye
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.
5
1111Inn FFiWAN11,1%1Nd 'N h rI L4 NI 11 11 1
Reception#: 747980
05/06/2008 02:04:44 PM Jean Alberieo
6 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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