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HomeMy WebLinkAbout4.0 Resolution 2008-651111141I1111AMl1 iWlCl%I ii iiM'!PJCM ' 11+1 litre IN'J 11111 Reception#: 747980 05/06/2008 02:04.44 PM Jean Alberico t of 6 Rec Fee:$O.00 Doc Fee 0.00 GRRFIELD 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, amonk others were had and done, to -wit: RESOIJUTION NO. 2008-65 A RESOLUTION CONCERN WITH THE APPROVAL OF A SPECIAL USE PERMIT REQUEST FOR 1 "T MPORARY EMPLOYEE HOUSING" FACILITY LOCATED APPROXIMATELY 13 MILES NORTH OF THE TOWN OF PARACHUTE AND WITHIN A PROPERTY O D BY BERRY PETROLEUM COMPANY AND MARATHON OIL COMPANY, GARFIELD COUNTY PAR7EI, NO 213532100009 WHEREAS, the Board of Co Ity Commissioners of Garfield County, Colorado, received a Special Use Permit request for 1 "Temp racy Employee Housing" facility located approximately 13 miles north of the Town of Parachute d within a property owned by Berry Petroleum Company, Garfield County; and WHEREAS, the Temporary Eloyee Housing facility is to be located at 1 location within the 880 -acre property owned by Berry P troleum Company and Marathon Oil Company located off County Road 215 and off "Garden Gul 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 E ployee Housing facility is to be a centralized facility; and WHEREAS, the Temporary Em loyee Housing facility is to accommodate a maximum of 72 1 1111 ErillliONICW141,145114,41Wlic B11 1 Recept ion0: 747980 05/06/2008 02 04:44 PM Jean R16erica 2 of 6 Rec Fee:$0.00 Don Fee:0.00 GARFIE1.D COUNTY GO individuals at any one given time (four people per dwelling unit); and WHEREAS, 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 7s' day of April, 2008 upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and inderested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of Cou4ty Commissioners closed the public hearing on the 7th day of April, 2008 to make a final decision; d WHEREAS, the Board on the l basis of substantial competent evidence produced at the aforementioned hearing, has made the flowing determination of fact as listed below: 1. Proper posting and public tice was provided as required for the meeting before the Board of County Conunissk ners. 2. The meeting before the Bod of' County Commissioners was extensive and complete, that all pertinent facts, matt rs and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and othermasons, the proposed special use permit has been determined to be in the best interest of th health, safety, morals, convenience, order, prosperity and welfare of the citizens of G field County. 4. The application has met the requirements of Special Use (Sections 5:03 and 5.02.21) the Garfield County Zoning Res lution of 1978, as amended. NOW THEREFORE, BE IT RESOLjVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Pe it for 1 "Temporary Employee Housing" facility located north of the Town of Parachute and wi a property owned by Berry Petroleum Company, Garfield County is hereby approved subject to co p].iance with all of the following specific conditions: 1. That all representations of the pplicant, either within the application or stated at the hearing before the Board of ounty Commissioners, shall be considered conditions of approval unless explicitly alt red by the Board. 2. That the operation of the facility�e done in accordance with all applicable federal, state, and local regulations governing a operation of this type of facility. 2 1111 IA Pll� V��,�w�,4i��G P BIW � tlN 11 11 1 Reception#: 747980 0ioo 35a066Z0024:44 PM Rec Fee $0.00 Doc ,Fee:0. 00ean rGARFIELD 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, radiati and fumes: every use shall be so operated that it does not emit heat, glare, radiation or f es 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 ao safety or air pollution control measures shall be exempted from this provision. 5. Water pollution: in a case in wl.ich potential hazards exist, it shall be necessary to install safeguards designed to compl 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 requd by local or State Health Officers must be met before operation of the facility may be in. 6. All Special Use Permits for T4mporary 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 stat and local laws and regulations. 8. Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied .o 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 month' tests (or quarterly if an on-site disinfection system is installed) and maintain records stored potable water samples specific for coli form. Any tests indicating coli form con ination must be disclosed to the Garfield County Board of Health or designee. 9. In no case shall unsafe water be us d fbr drinking nor shall raw sewage or contaminated water be discharged on the ground s ce. 10. The maximum allowable time 1 Housing is one (1) year; howeve under this Special Use Permit s good cause shown, the permit m agenda only. Annual renewal r standards herein as well as all co through a public hearing called u gth of the Special Use Permit for Temporary Employee no single Temporary Employee Housing facility allowed all be onsite for more than a cumulative of one year. For y be renewed annually in a public meeting with notice by view of the Special Use Permit shall be based on the ditions of the permit. A permit may be revoked anytime by staff or the Board of County Commissioners. 11. Inhabitants of the temporary houing shall be applicant's employees and/or subcontractors, 3 1111 171.1 7167, 1,11h,1W1,IiMWh IN 11111 Reception#: 747980 05/06/2008 02:04.44 PM Jean Rlberico 4 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO working on the related constructionor mineral extraction operation, and not dependents of employees, guests or other family rnembers. 12. Temporary employee housing sites shall be maintained in a clean, safe and sanitary condition, free of weeds and refiise. 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 o §307 of the 2003 International Fire Code (IFC) including but not limited to permits, atten ce, open fires, coal grills, fire bans and bon fires. One (1) or more extinguishers of type 2 -10BC shall be located in an open station so that it will not be necessary to travel more th seventy-five (75) feet to reach the nearest extinguisher. 14. Outdoor food storage is prohibit d unless facilities that prevent the attraction of animals to the temporary employee housin site are provided. 15. The applicant shall provide a d Sheriff's Office and the relevant response purposes, including loc public roadways accessing the directions to the site from a majo Garfield County Sheriff's Offic 16. The applicant shall notify the C applicant shall verify in writing, water system, and sewage dis. accordance with the said speci. permits, and conditions. All writt be stamped by a certified Colora. site, without notice, to assess Employee Housing. A determi Temporary Employee Housing, suspension of said permit, in acc Mailed map and GPS coordinates to the Garfield County Fire Protection District which is sufficient for emergency ation of the temporary employee housing site; private and site, marked as open, gated and/or locked; and detailed public right-of-way. The map is subject to approval by the and relevant Fire Protection District. aunty when site development begins for the facility. The .y site plan and through photo documentation that the site, osal system were designed, installed and inspected in use permit and comply with all applicable regulations, n documentation and site plans verifying compliance must o Engineer. The County also reserves the right to inspect a ompliance with the Special Use Permit for Temporary tion of noncompliance with any Special Use Permit for r condition approval thereof, is grounds for revocation or rdance with Section §9.01.06. 17. No animals shall be allowed at t: porary employee housing sites. 18. The maximum number of occupis permitted under this Special Use Permit for Temporary Employee Housing is four (4) pe housing unit. 19. The maximum number of Tempe ary Employee Housing units permitted under this Special 4 aIII /141111Ai hrlii10 U1 i lArri�NllrN li#'L k i ,I 'i 111111 Reeeptiontt: 747980 05/06/2000 02:04:44 PM Jean RlberIco 5 of 6 Rec Fee:$0. D0 Doc Fee:0.00 GRRFIELD 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 ISDSregulations 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. Wildlife -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 YV% , A.D. 20 6i' . ATTEST: =ggFt�';;, O GARFIELD COUNTY BOARD OF CO I S . • ' , ' S, GARFIELD COUNTY, i erk of the Board Ch Upon motion duly made and ?seconded the for• : oin ' es.lution w • . adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO )ss County of Garfield , 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 om the Records of the Proceeding of the Board of County Commissioners for said Garfield Coun now in my office. 5 ILA ,M4:I1 I t4 IN 11 VI Receptiont: 747980 06/06/2008 02:04744 PM Jean Plberico 6 of 6 Reo Fee:$0.00 Doc Fee:0.00 ( RFIELD COUNTY CO IN WITNESS WHEREOF,1 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