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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.17.2008BOCC 11.17.2008 DD PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT LOCATION PARCEL INFORMATION EXISTING ZONING ADJACENT ZONING Special Use Permit for 1 Temporary Employee Housing facility on COGCC approved well pads per §5.02.21. (Submitted prior to September 1, 2008) Chevron USA, Inc. The subject property is an approximately 54,000 acre parcel located approximately 20.5 miles northwest of the DeBeque, CO. and located on Chevron's SKR 598-36-BV well pad. Approximately 54,000 acres Resource Lands (RL) Resource Lands (RL), Open Space (OS) ~ \ J I. DESCRIPTION OF THE PROPOSAL The Building and Planning Department received a Special Use Permit (SUP) application for "Temporary Employee Housing11 facility on property owned by Chevron USA, Inc located on an approximately 54,000 acre property approximately 20.5 miles North of the DeBeque, CO. More specifically, the Applicant requests approval for one Temporary Employee Housing facility to house personnel for the purpose of natural gas drilling operations. According to the Applicant: Proposed Use Chevron USA, Inc. -Temporary Employee Housing -598-36-BV BOCC -11 .17.08 Page 2 Chevron is seeking approval of a Special Use Pennil for a temporary employee housing site on the Skinner Ridge (SKR) 598-36-BV well pad, located in Section 36 of Township S South, Range 98 West of the 6th Principal Meridian in Garfield County, Colorado (please see the location maps in Exhibit 1). The SKR 598-36-BV is located on Chevron- owned property within the Resource Lands zone district; approximately 20 miles north of DeBeque (please see the Affidavit of Surface Ownership in Exhibit 5). Currently, there is not sufficient housing in DeBcque and the surrounding area to accommodate oil and gas operations, and the driving time from towns with available housing ranges from one to two or more hours each way, depending on weather conditions. The drilling crew and all of the support personnel will be working a 12-hour-on, 12-hour-off shift . In the interest of safety and respect for employees and the community, it is important that Chevron be allowed to provide permitted on-site housing for its employees (PJease sec section 9, Special Use Permits for Temporary Employee Housing for further infonnetion). This site is remote and the housing is intended to be contained on an approved COGCC well pad along with other drilling facilities. The Temporary Employee Housing facility will be in use year around to accommodate those considered to be "essential personnel" to the drilling operations. The housing facility, however, will not be at location for more than a cumulative of one year. The maximum number of people to be housed at a facility will be 24 . The Applicant has stated that operations are anticipated to begin on the 598-36-BV well pad in October, 2008, to coincide with the commencement with drilling there. There are 22 wells anticipated for this well pad and drilling operations are to take approximately 330 days from commencement. Housing Structures The installed facility is required to meet all applicable building and fire code requirements. The facility is to accommodate up to 24 people at any one given time. The Applicant has represented that the facility will have a minimum of 6720 gallons of potable water storage. Sewage and wastewater are proposed to be handled by a vault-and-haul system with a minimum ofthree 2,000 gallon tanks (6,000 gallon total). Based on the State ISDS regulation requirements, Staff recommends that the Applicant provide a minimum of 75 gallons per person per day of storage capacity for wastewater collection. Water: Potable water is to be hauled to the facility using water hauling contractors. The Applicant is required to use CDPHE-certified potable water haulers who are obtaining the water from an approved source. All water must be treated prior to delivery to a facility. The Applicant represents that the facility will be supplied with a 6720 gallon supply of potable water. Staff recommends that the water systems be designed to accommodate the maximum occupancy for the facility. At the recommended calculation of 75 gallons of water per day, the Chevron USA , Inc. -Temporary Employee Housing -598-36-BV BOCC -11.17.08 Page3 stated 6720 gallons will provide a 3. 73 day supply of potable water. Staff finds that adequate water is to be provided to the facility. Sewage: A vault-and-haul system (minimum tank capacity of 6,000 gallons) will handle sewage and wastewater. Based on the State ISDS regulation requirements, Staff recommends that the Applicant provide a minimum of 75 gallons per person per day of storage capacity for wastewater collection for the maximum occupancy for each facility. As taken from the Applicants' calculation of the maximum number of beds for each facility, the facility is anticipated to handle up to 24 persons. As a result, the 6,000 gallon tank is anticipated to provide a 3.33 day capacity. As long as the tanks are emptied at least every 3 days, Staff finds that adequate sewage and wastewater storage is available for the facility. In addition, the Applicant has provided a letter from Hyland Enterprises, Inc. indicating that they provide road maintenance and snow removal for the access road to the facility. Refuse: At least one thirty-gallon, bear-proof refuse receptacle that will be emptied by a refuse hauler at least once per week will provide refuse disposal for the site. Refuse is proposed to be disposed of either at the Mesa County landfill or the Garfield County landfill. Density : All portions of this facility are to be located within the Resource Land zone district and within a COGCC approved well pad, therefore the density requirements do not apply to this development. Proximity to Permanent Available Housing: The Applicant has states that "Currently, there is not sufficient housing in DeBeque and the surrounding area to accommodate oil and gas operations, and the driving time from towns with available housing ranges from one to two or more hours each way, depending on weather conditions." Staff concurs that onsite housing will assist in alleviating the current Garfield County housing shortage as well as those in nearby Mesa County. In addition, it is Staff's opinion that onsite housing will promote safety on the drilling rigs as well as reduce the overall amount of traffic on Garfield County and State of Colorado roadways. Renewal : 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. Reclamation and Revegetation: Chevron USA, Inc. -Temporary Employee Housing-598-36-BV BOCC-11.17.08 Page 4 All housing structures and associated equipment will be located on the COGCC-approved well pad. As such, reclamation is to be handled by the Colorado Oil and Gas Conservation Commission and secured through the appropriate bond. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response Staff feels that this standard is satisfied; the provisions made for water hauling and sewage disposal cited above combined with the staff-recommended conditions will address these needs. 2. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Response Overall, the approval of this Special Use Permit for Temporary Employee Housing will reduce traffic on the access roads to the site. For this reason, staff feels that additional road improvements are not necessary. The Garfield County Road and Bridge Department had the following comments regarding this application: Garfield County Road & Bridge Department has no objection to this application with the following comments (See Exhibit F}: "Garfield County Road & Bridge Department has no objections to this application with the fallowing comments. We recognize the need for temporary housing for employees in the oil and gas industry as housing is almost unavailable in the valley. The traffic impact on Cr. 204 and Cr. 211 will decrease without the daily trips of employees reducing the impact to Cr. 204 and Cr. 211 and increase the safety of all users of these roads. The driveway access use will be exempted as the driveway access will be a permitted as a well pad driveway access. All vehicles hauling equipment and materials for this project will abide by Garfield Counties oversize/overweight permit system. All vehicles requiring an oversize/overweight permit shall have on file with Garfield County Raad & Bridge Department a letter from Chevron USA Inc. stating such vehicles can apply for permits under their road bond on file with Garfield County." Chevron USA, Inc. -Temporary Employee Housing -598-36-BV BOCC -11.17.08 Page5 3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Response As this property is already characterized by intense industrial gas development, located entirely on approved COGCC drill pads and will ultimately reduce the amount of traffic to and from the site, it is Staff's opinion that this Temporary Employee Housing facility will not adversely affect any nearby neighbors as proposed. Garfield County Vegetation Management stated that the Applicant had submitted a weed map of the Clear Creek area and that no major infestations of weeds listed on the GarCo noxious weed lists exist on the site, threatening adjacent properties and uses. (See Exhibit G): II. BACKGROUND This application for Temporary Employee Housing is to be located on Chevron's Skinner Ridge 598-36-BV well pad. Since the application was submitted prior to the September 1, 2008 effective date for the new Temporary Employee Housing regulations, this application was processed under the previous Section 5.02.21. The Applicant was advised that the application could be changed to go forward under the new regulations, but opted to continue under the old process. Ill. SITE DESCRIPTION The property owned by Chevron USA, Inc is an approximately 54t000 acre property located approximately 20.5 miles north of DeBeque (See location maps). Generally • SKR 5118-36-BV, u 11-2:10.1 I U County Road~ 1:74,367 -Tni11el Rcute Chevron USA, Inc. -Temporary Employee Housing -598-36-BV BOCC -11.17.08 Page 6 the subject property is described as currently being used for increasingly intense industrial gas development. Topography on the property can be very steep, with types ranging from valley floor to plateau. IV. ZONING & ADJACENT USES The subject property is zoned Resource Lands (RL). The type of use requested falls under the definition of "Temporary Employee Housing" which is contemplated as a Special Use in the RL zone district. Adjacent uses are grazing and gas development. This site will not be visible from any public roadways or neighboring residences. V. AUTHORITY & APPLICABILITY Pursuant to Section 9.03 .04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution . VI. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies I community groups and are integrated throughout this memorandum as applicable. 1. Garfield County Oil and Gas Auditor: No Comments Received 2. Colorado Division of Wildlife. Grand Junction Office No Comments Received 3 . Debegue Fire Department No Comments Received 4 . Garfield County Road and Bridge Dept.: See Exhibit F "Garfield County Road & Bridge Department has no objections to this application with the following comments . We recognize the need for temporary housing for employees in the oil and gas industry as housing is almost unavailable in the valley. The traffic impact on Cr. 204 and Cr. 211 will decrease without the daily trips of employees reducing the impact to Cr. 204 and Cr. 211 and increase the safety of all users of these roads . The driveway access use will be exempted as the driveway access will be a permitted as a well pad driveway access . All vehicles hauling equipment and materials for this project will abide by Garfield Counties oversize/overweight permit system . All vehicles requiring an oversize/overweight permit shall have on file with Garfield County Road & Bridge Department a letter from Chevron USA Inc. stating such vehicles can apply for permits under their road bond on file with Garfield County." 5 . Garfield County Vegetation Management Director See Exhibit G 6. Garfield County Attorney's Office: See Exhibit H Email communication between the Attorney's Office and the Applicant regarding ownership issues, including the transfer of mineral use rights on the affected parcels. Documentation to satisfy these issues was received. Chevron USA, Inc. -Temporary Employee Housing -598-36-BV BOCC -11.17.08 Page 7 Section 9.03.05 [Periodic Review of SUPT Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. VII. RECOMMENDED FINDINGS 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. For 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} identified within the Garfield County Zoning Resolution of 1978, as amended. VIII. STAFF RECOMMENDATION Due to 1) the limited nature of potential impacts to surrounding properties, 2} by proceeding with this proposal there will be an overall decrease in traffic on unimproved roadways and county roads which will promote safety and wellbeing, 3} the fact that the Temporary Employee Housing facility will be situated on existing well pads with active gas operations, and 4} that the Temporary Employee Housing facility meet the requirements set forth in Section 5.02.21, Staff recommends the Board approve the request for a Special Use Permit for Temporary Employee Housing on in the Resource Lands (RL} zone district with the following conditions: Chevron USA, Inc. -Temporary Employee Housing -598-36-BV BOCC-11.17.08 Page 8 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. 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. 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. For facility 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. 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 Chevron USA, Inc. -Temporary Employee Housing-598-36-BV BOCC-11.17.08 Pag e 9 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. 11. Inhabitants of the temporary housing shall be applicant's employees, contractor's 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 Sheriff's Office and relevant Fire Protection District. 16. The applicant shall notify the County when site development begins for each 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 Chevron USA, Inc. -Temporary Employee Housing -598-36-BV BOCC -11.17.08 Page 10 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. 18. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Housing is twenty-four (24). 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 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. 21. Each facility shall have a minimum total capacity of 6720 gallons of potable water storage which shall be refilled a minimum of every three days. 22. Each facility shall have a minimum total capacity of 6,000 gallons of sewage and wastewater storage capacity which shall be emptied a minimum of every three days. IX. RECOMMENDED MOTION "I move to approve a Special Use Permit for one Temporary Employee Housing facility for Chevron USA Inc. (598-36-BV) with the conditions provided by Staff." Dusty Dunbar From: Jake Mall Sent: To: Tuesday, Nov~mber 11, 2008 7:33 AM Dusty Dunbar Subject: RE: referral: Temporary Emp Hsg Chevron 598-36-BV Dusty this would be the same and Chevron would be exempt from the driveway access requirement. -----Original Message----- From: Dusty Dunbar <ddunbar@garfield-county.com> Sent: Monday, November 10, 2008 6:48 PM To: Jake Mall <jmall@garfield-county.com> Subject: referral: Temporary Emp Hsg Chevron 598-36-BV Hi, Jake- I'm trying to finish my Staff report for a temporary housing unit request (24 workers) on Chevron's wellpad 598-36-BV past the end of CR 211. (I'd asked that the referral be returned last 11/6, but I'll bet your power was out -ours was here.) I've attached a comment letter you sent to Dave Pesnichak in August for a similar request on Chevron's wellpad just down the road a bit: 598-36-AV, thinking your conunents would not be any different from these. Thanks! Dusty Ms.Dustin Dunbar AICP, MPA Senior Planner III Garfield County, Colorado Phone (970) 625 -5903 FAX 62 5 -5939 1 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: August 12, 2008 Comments Due: September 12, 2008 Name of application: Skinner Ridge 598-36-A V Temporary Employee Housing Sent to: __________________ ~-------------------------------------------- Garfield County requests your comment in review of this project. Please notify the Planning Depnrtment in the event you are unable to respond by the deadline . This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax.:970-384-3470 Phone :970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. We recognize the need for temporary housing for employees in the oil and gas industry as housing is almost unavailable in the valley. The traffic impact on Cr. 204 and Cr. 211 will decrease without the daily trips of employees reducing the impact to Cr. 204 and Cr. 211 and increase the safety of all users of these roads. The driveway access use will be exempted as the driveway access will be a nermitted as a well pad driveway access. All vehicles hauling equipment and materials for this project will ab ide by Garfield Counties oversize/overweight permit system. All vehicles requiring an oversize/overweight oermit shall have on file with Garfield Countv Road & Bridge Department a letter from Chevron USA Inc. stating such vehicles can apply for permits under their road bond on file with Garfield County. Name of review agency: Garfield Coµntv Rdad and Bridge Dept By: Jake B. Mall Date August 13. 2008 Revised 3/30/00 • MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re:. Comments on the ChevronTemporaryllousing SUP 9108 Date: November St 2008 Thanks for the opportunity to comment on.this project. My comm.cots are as follows: Weed Manaeement • The applicant has provided a weed map of the Clear Creek watershed. According to the map there are no major infestations of county listed noxious weeds near the temporary housing site. Reclamation • The applicant has stated that this site falls u~der the jurisdiction of the COGCC.