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HomeMy WebLinkAbout5.0 Code ViolationBUILDING & PLANNING DEPARTMENT Garfield County Code Enforcement Public Meeting -Alleged Code Violation Meeting Date: �-c,(y &.450I" /= ft P41 Alleged Violation and Investigation Information: Bair Ranch (High Canyon Adventures) 66418 Highway 6 Glenwood Springs, Colorado Operation of a commercial resort with no Special Use Permit. Construction of resort buildings with no building permits. Enclosures: High Canyon Resort Advertising printed from web site. 9/13/03 Letter of Technical Non -Compliance of Special Use Permit Application. 9/22/03 Letter of Citation regarding operation of a resort without a Special Use Permit. 12/19/03 Letter from Isom Associates requesting additional time to comply. 7/9/04 Letter regarding expiration of time allowed for compliance. 7/14/04 Letter regarding submission of Special Use Permit application 12/9/04 Letter regarding termination of time to comply. 12/15/04 Letter regarding compliance activity by Mr. Isom. 12/30/04 Letter regarding a meeting with Mr. Isom. 1/17/05 Letter accompanying application for Special Use Permit. 2/3/05 Letter advising that the application is technically Non -Compliant. 3/23/05 Letter requesting additional information for technical compliance. The property owners have consistently failed to complete a technically compliant application for a Special Use Permit for their resort in spite of extremely generous extensions of time to comply. The resort continues to operate without a permit and with buildings that were built illegally. Suggested Findings: Refer to the Garfield County Attorney for legal abatement action. 108 8th Street, Suite. 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 0 3 ea o o 0 0 o o 2 .0 0 D g Lo 0 4 ql �o 0 3 S `G i. S D 3 (� to �" A - S.. n Cr- FJ- _ . 'L O. (p O �C -3 N C o00`" • D. O o o p S D a N{ r On 0 D 6 Sp >D▪ 0hZ r .= (Jl i3S -F C .- N. o'o cl co V :C! tT: 0 n -1 • o< n, fl N a �- [moo c N V1 a if, • W 0 -I. m •-• a 0ro o a. -30_ y▪ Q Q QC C .{.. 0.. •..3 • `G � S .Q . -.- -O, --, 70 -0 1 C1 ) --(=.0 11 n '< Q- t0 f0 Oz • S iTJ 0 -i P ! OO �! .< O ( D cx-3 73 Q om` �' p p y 0 3 :S3 NflZ m (01-• C CCCC of >. IT 1 • 3 S3 C t� {m o' -< °` n fo y - 0 p. CI °. m 6' cs,, I:3- -3 -3 -3 3- C C C C C �. os (U.1N3Aa 1 r CO -‘ 0 t'$r ?.6/ ƒ/ �E/»a y%\2�\7.-r }.+l rl \c -13 r ulto to\ {- ' »}a rfL A \/ 3 r c & g .4 de.- -8:49.411 mac. vvtital -644#841--- et9._ av-a4fit02 apkt Gl' e C� � v R,4n1ti" kaa eptember 13, 2003 Stephen Isom Isom & Associates for the James Craig Bair Family P.O. Box 9 Eagle, Colorado RE: Special Use Permit request for a "Resort" Dear Stephen, Thank you for the Special Use Permit application for a "Resort" you recently submitted to this office. I am writing this letter to inform you that the application is deemed Technically Non -Compliant at this time and the Garfield County Building and Planning Department needs additional information in order to process your application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please provide information that more specifically discusses each of the following underlined items listed below and as numbered in the original application. Please look over the outstanding items, and then give me a call so that we may discuss them and come to a resolution. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. The application does not clearly state which Special Use is being requested, staffdoes believe the Applicant intends to pursue a Resort status for Special Use, however this must be stated in the application to prevent any confusion surrounding the request and ultimate decision by the BOCC. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. (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. This statement is unclear as the application does not list the specific types of vehicles to be used. Of the 50 described in the application makes no mention of amount to be included as service or delivery vehicle distinct and different from all guests of the facility. (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. This statement is unclear as the site plan does not show to scale the relation of the uses of All structures and uses to the existing property line. I look forward to your call and working with you on this project. Sincerely, Jim Hardcastle Senior Planner 2 September 22, 2003 James Craig & Doris Bair Bair Ranch Company 66418 U. S. Highway 6 GIenwood Springs, CO 81601 Dear Mr. Craig and Mrs. Bair, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett(&,garfield-county.com It has been brought to the attention of this office that a resort business called "High Canyon Adventures" is being operated on property owned by you at the above address. Please be advised that it is a violation of Colorado Revised Statutes 30-28-124 & 124.5, enabling Garfield County zoning regulations, to operate a resort unless a Special Use Permit has been approved by the county for that purpose. No Special Use Permit has been approved for this use. Our zoning regulations are available at the Garfield County Building and Planning Department, 108 8th Street in Glenwood or online at (garfield-county.com). You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below, or by e-mail at the address above. Sincerely, Steve Hackett Compliance Officer 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 ao ISOM & ASSOCIATES Architecture Land Planning December 19, 2003 Steve Hackett Garfield County Building & Planning Department Code Compliance Office 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Bair Ranch Dear Steve, Project Management RE WED DEC 3 0 2003 GA` -r - ft , , i)NTY BUIL r;,N . PLANNING I am in receipt of your fax of Monday, November 3, 2003, granting a 90 day extension to file a Special Use Permit for the uses on the Bair Ranch. This appears to be too tight of a schedule in view of what is going on with the Bair Ranch. The Bair's have signed an agreement with the Colorado Land Trust for them to purchase the conservation easement rights on the property. The dead line for an agreement is January 15, 2004. If the agreement and the money is in place by that date, the closing is May 15, 2004. If the money does come through, the uses allowed on the property will be determined by the agreement with the open space agencies (subject to County approval). If the money does not come through, the uses will be expanded to make the Bair Ranch financially viable. We therefore need 90 to 120 additional days for a Special Use Permit Application. For your information attached is a Settlement Agreement and Stipulation with Order in Garfield County District Court, Case # 89CV29 between the Bairs and the State Department of Highways. There is no restriction on the use of the highway for the Bair Ranch. This document was signed by the Assistant Attorney General on behalf of the Attorney General, Gail A. Norton/on 22 April 1992. Let me know your thoughts about the above request. Cc: Craig & Doris Bair K309SteveHackett121803 P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 July 9, 2004 Stephen Isom Isom & Associates P. O.Box9 Eagle, CO 81631 Re: Bair Ranch Dear Steve, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office stevehackettna„garfield-county.com With regard to your letter of December 19, 2003 which requested an additional 90 to 120 days for a Special Use Permit Application. We have not heard from you since then and it continues to be required by Garfield County zoning regulations that the Bairs have a Special Use Permit for their resort operation. We have allowed more than 180 days for compliance. Further, it has been observed, by review of the County Assessors records, that numerous new buildings have been constructed on the Bair Ranch in the past five or so years. It appears that a new lodge, three new one room cabins, a restroom building, several picnic canopies, a cook cabin and several gazebos have been built. We have no record of having issued permits for these buildings. It continues to be a violation of Colorado Revised Statutes 30-28-205 & 210, Garfield County zoning resolution of 1978 which adopts Uniform Building Code, to construct these buildings without permits. It continues to be a violation of Colorado Revised Statutes 30-28-124 & 124.5, Garfield County zoning resolution of 1978, to operate a resort without a Special Use Permit. It is a violation of Colorado Revised Statutes 25-10-101, Garfield County Individual Sewage Disposal System regulations, to install a septic system without a permit. You are hereby given notice, pursuant to the above statutes and regulations, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statues is a misdemeanor crime punishable, upon conviction, by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense, Garfield County Building and Zoning regulations and permit application forms are available at www.garfield-county.com in the "Building and Planning” directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by e-mail at the address above. Sincerely, Compliance Officer CC: James Craig & Doris Bair 66418 U. S. Highway 6 Glenwood Springs, CO 81601 XC: Mark Bean, Planning Director Garfield County Attorney ao ISOM & ASSOCIATES Architecture Land Planning Project Management RECEIVED JUL 1 6 2004 July 14, 2004 GARFIELD COUNTY BUILDING & PLANNING Steve Hackett Compliance Officer Garfield County Building and Planning Department 108 8th Street Suite 201 Glenwood Springs, CO 81601 Re: Bair Ranch Dear Mr. Hackett: I am in receipt of your letter of July 9, 2004 which I received on July 12, 2004 concerning the Bair Ranch. Since James Craig & Doris Bair just completed their financial agreements with the Colorado Land Trust over the last couple of days, they are now ready to apply for a Special Use Permit since they now know what will be allowed on their property per the agreements with Land Trust. The Special Use Permit will be fourth coming within the next week. In regard to your letter, in the future please address your correspondence to James & Doris Bair @ 66418 US Hwy 6 in Glenwood Springs, CO 81601. They are the legal owner on the property and just photocopy me for informational purposes. I did forward your letter on to them so that they are aware of having to complete these applications in a timely manner. If you have any questions concerning the above, please contact this office. Sincerely Yours, Cvcei...s. Sfeph n Isom Cc: Craig & Doris Bair K404SteveHackettGartieldCountySpeciaUse071404 P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 December 9, 2004 James & Doris Bair 66418 US Highway 6 Glenwood Springs, CO 81601 Dear Mr. & Mrs. Bair, BUILDING & PLANNING DEPARTMENT Code Compliance Office stevehackett(a,garfield-county.com Please refer to my letters of citation, dated September 22, 2003 and July 9, 2004, concerning Garfield County zoning and building code violations which exist on property owned by you. Also, please refer to a letter sent by Senior Planner Jim Hardcastle to Mr. Stephen Isom, dated September 13, 2004, which advises that the application that was submitted for a Special Use Permit for a resort was not in technical compliance with our requirements. Copies of those letters are enclosed for your convenience. As stated in my letters of citation, compliance is required, as authorized by Colorado State Statute, within 30 days of notice of citation. Several extensions of time to comply in these matters have been granted at the request of Mr. Isom, most recently, six months of additional time as noted in his letter to me of October 27, 2003. It is now nearly a year past the due date of that last extension and we have not yet received a valid application. Due to the nature of the issues concerning the uses of your land we have granted an extremely long period of compliance time but we are no longer able to do so. If positive action to comply with our regulations is not taken within the next ten days I will review this matter with the Garfield County Board of Commissioners, during one of their regular public meetings, with a recommendation that it be referred to the county attorney for legal abatement action. Sincerely, Steve Hackett Compliance Officer XC's: Isom & Assoc, Mark Bean, Jim Hardcastle 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 ao ISOM & ASSOCIATES Architecture Land Planning Project Management December 15, 2004 Garfield County Building & Planning Department Steve Hackett 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Bair Ranch Dear Steve: Your letter of December 9, 2004 refers. I have set up a meeting with Jim Hardcastle for Thursday, December 16, 2004 at 3:30pm to go over the requirements for the Special Use Permit for Bair Ranch. We have spent the last year getting an Access Permit from Union Pacific Railroad for the Railroad crossing which we now have. The final agreement with the State and Eagle County on the open space dedication of Bair Ranch has also just been completed. We are progressing!!! I l The Bairs also are not using their property for any of the Special Uses this winter. That being said, we still are progressing on the permit. If you have any questions concerning the above, please contact this office. Hopefully the Board of County Commissioners the complexity of this Special Use Application. Sincerely ours, 11,4 Stephen Isom Cc: Craig & Doris Bair K404SteveHackettGarfieldCounty 121504 P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 December 30, 2004 James & Doris Bair 66418 US Highway 6 Glenwood Springs, CO 81601 Dear Mr. & Mrs. Bair, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office stevehackett(&,garfield-county.com This is to acknowledge that your Planning Representative, Stephen Isom, met with our Senior Planner, Jim Hardcastle, on December 16, 2004 concerning progress on your application for a Resort Special Use Permit. We appreciate you effort in this matter, however the application remains technically non-compliant and therefore no real progress is being made. We anticipate that we will receive a properly completed application within the next few weeks so that we will be able to continue progressing towards a legal use for your land and be able to avoid referring this matter for legal abatement action. Sincerely, Compliance Officer CC: Isom & Assoc 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 ao ISOM & ASSOCIATES Architecture Land Planning Project Management January 17, 2005 Jim Hardcastle Garfield County Building and Planning Department 108 8th Street Suite 201 Glenwood Springs, CO 81601 Re: Special Use Permit for Bair Ranch Dear Planning Office: Accompanying is an application for a Special Use Permit for the Bair Ranch in conformance with Garfield County Land Use Regulations. The Special Use requested is "Resorts" under Section 3.02.03, Uses, Special, of the Agricultural/ Residential/Rural Density Zoning, Section 3.02. The "Resort" definition under Section 2.02.448 applies for all uses. Bair Ranch is located in Glenwood Canyon accessing off of I-70. The Ranch has historically been used for hunting and boarding of hunters during the hunting season as well as horse back riding, sport recreational vehicle tours, hay rides, and special events such as family gatherings and weddings. The property operates under the name High Country Adventures. The Bair Ranch has been placed under a "Perpetual Conservation Easement" in an Agreement reached with the Bureau of Land Management of June, 2004. A copy of that Agreement is attached for your perusal. The Agreement covers approximately 1,524 acres in Garfield County located about 12 miles east of Glenwood Springs on the southern side of Interstate Highway 70 at the eastern end of Glenwood Canyon. The Agreement very specifically addresses the allowed uses of the Bair Ranch and any future development. This application for a Special Use Permit includes the uses and development allowed under the agreement with the BLM. The area of the Special Use is located in Township 5S, Range 87 W, Sections 15, 22, 23, 26, and 27 of the 6th P.M. Under the Agreement, the Future Land Uses are defined on page 16 and in Figure 7 of the attached Agreement. The uses listed are: P.O. Box 9 Eagle, Colorado 81631 (970) 328-2388 FAX (970) 328-6266 Future Land Use The property will continue to be used primarily for sheep ranching for the foreseeable future. Guest ranching will also continue. Permitted uses include guest lodging, hunting, camping in the Ranch Building areas, horseback riding, snow -shoeing, guiding, outfitting, fishing, ATV and snowmobile tours on existing roads, and hay rides. The Conservation Easement states that existing buildings can be maintained, reconstructed, and in some cases enlarged by 10%. Grantor may construct one large new barn and two new cabins in the Ranch Headquarters area. Grantor may construct two new cabins in the Spruce Lodge Ranch Building Area. Grantor may relocate two existing cabins to within the Wapiti area. The Easement identifies three possible Home Sires, (Figure 7). Houses can be built in the three Home Sites subject to certain restrictions contained in the conservation easement. To bring the Future Land Uses of the Agreement into conformity with the Special Uses of a "Resort" in Garfield County would require a Special Uses Permit. The uses requested in the Special Use are as follows: 1. Dude Ranch or Guest Ranch for hunting, fishing, cross country or trail skiing on the entire parcel. 2. Horse back riding, hay rides, ATV and snowmobile tours on existing roads on the entire parcel. 3. Two new cabins at the Ranch Headquarters and two new cabins in the Spruce Lodge Ranch Building Area. Two cabins may be relocated within the Wapiti Area. The total guest accommodations shall not exceed twelve (12) dwelling units or forty-eight (48) beds or visitor capacity. These are 2 existing lodges/guest houses at Spruce Creek Lodge Area, and 2 cabins at the Wapiti Cabins Area. 4. Day use for weddings, corporate retreats, family gatherings or similar uses not to exceed 100 people per unit. 5. The dining facilities and commissary to serve the above uses. It is understood that the three possible Home Sites listed in the Agreement are not Special Uses but Use by Right in the A/R/RD Zone if on separate parcels. These three home - sites will be dealt with separately at a future date. All structures to be built will be subject to Garfield County Regulations and Building Permits. See attached maps locating all proposed uses or structures. Per the Application Schedule Requirements, the following are addressed: 1. The hours of operation on the project vary according to the use but generally from 8:00 am in the morning to 8:00 pm in the evening in the summer and 8:00 am in the morning to 5:00 pm in the afternoon in the winter. The maximum number of vehicles accessing the site are according to the use but maximum would be 50 per day. Most days are more in the 5 to 10 vehicle range. Only a wedding party or large family gathering are in the 50 vehicle range. High County Adventures uses the existing structures on site which include a picnic area on the upper bench in Section 15 of Township 5 south, Range 87 West of Principal Meridian. All of the uses on site are shown on the attached site plan and their approximate location on the property. It should be remembered that the overall Ranch is approximately 4500 acres. All of the electrical power to the different facilities are already in place. One 25 foot panel truck delivers supplies every week during the spring and summers. There would be a maximum of one truck per day in the future. 2. The water for all of the uses are from existing wells on site. See attached list of Water Rights Appurtenant to the Bair Ranch. Tom Zancanella of Zancanella & Associates has been hired to complete the consumptive use assessment of water on site based on the allowed uses. An augmentative plan will be prepared based on this plan. All the water rights listed are tributary to the Colorado River with no injury to adjacent property owners. Waste water is treated through existing individual Septic Disposal Systems (ISDS). Zancanella & Associates are studying the existing systems for adequacy. All new ISDS systems will be built to Garfield County standards. 3. The boundaries of the property are shown on the attached maps. Figure 2 shows the property boundary & figure 3 the adjacent properties. All buildings have been located on the 1 1x17 site plan. The main access is from I-70. The access from I-70 is unrestricted per the attached Court Case settlement signed by the Colorado Attorney General. A copy of he Union Pacific Railroad crossing permit is attached. 4. A vicinity map is attached showing the topography of the site from the USGS Maps. This is all located on the Shoshone Quadrangle of the USGS Map. 5. Figure 3 is attached showing the property. All adjacent property owners are BLM and Forest Service as shown on a copy of the relevant Forest Service map for the White River National Forest. There are no mineral rights for the property. Adjacent property owners are listed on a separate sheet. 6. The legal description of the property is attached showing the overall ownership of the Bair Ranch as owned by James Craig & Doris Bair. The property has been in the family for generations, there are no deeds. 7. Attached is a written permission from Craig & Doris Bair to act as an agent on their behalf. 8. The following statements respond to the criteria from Section 5.03 of the Zoning regulations. 1. The utilities are adequate to provide water and sanitation service based on accepted engineering standards for the project. This is agricultural property that has existing wells, springs and septic systems on the site. Zancanella & Associates have been hired to provide engineering assessments of existing water supply and septic systems. 2. the access from 1-70 it t equate to accommodate the tragilume generated by the proposed use which is estimated to be a maximum of 50 vehicles per day. There is adequate parking at the main barn and ranch house for all guests to the property. One truck 25 foot long supplies the site once per week in the summer. In the future there will not be more than one truck per day for Special Use functions. 3. The design of the proposed use has no impact on adjacent uses of land. All of the uses are approved by the various open space groups that recently purchased the rights for development on the Bair Ranch. The only signage on site is at the bridge accessing from the I-70 Bair Ranch Rest Area. 9. There are no known uses on the site that would require special review under the Garfield County Regulations. 10. A $400 base fee is attached. The "Agreement for Payment" form is signed and also attached. 11. Two copies of this completed application form and all required materials are being submitted to Building and Planning Department. Additional copies will be submitted once the staff has reviewed the application. If there are any questions concerning the above, please contact this office. Sincerely Yours, Cc: James Craig & Doris Bair K404SpecialUsePermit011705 � Garfield County February 3, 2005 Stephen Isom Isom & Associates P.O. Box 9 Eagle, Colorado BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for a "Resort" for the James Craig Bair Family Dear Stephen, Thank you for the Special Use Permit application for a "Resort" you recently submitted to this office. I am writing this letter to inform you that the application is deemed Technically Non -Compliant at this time and the Garfield County Building and Planning Department needs additional information in order to process your application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please provide information that more specifically discusses each of the following underlined items listed below and as numbered in the original application. Please look over the outstanding items, and then give me a call so that we may discuss them and come to a resolution. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Note: Within the narrative of the application the Applicant plans for more dwelling units than allowed by defmition of a resort and has not shown bed capacity for those units. The applicant has not cited other supportive structures that may be in use or are planned for the uses of motor and horsing activities such as storage barns, sheds, maintenance buildings,, livestock barns, stables and corrals for example. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 Note: The Applicant has not detailed water consumption or specific or special ISDS needs and types for all of the sites of all existing and proposed dwelling units, kitchens and other supportive structures. Additionally, there are only citations for legal water consumption and no legal documents submitted which can verify the claim that adequate water resources are present to serve the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. Note: The Applicant has not detailedproposed and existing structures of the proposed use, only areas of potential and current use. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. Note: See #2 above. The Applicant claims that the standards for the project are acceptable but do not expressly state what they are. (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. This statement is unclear as the site plan does not show to scale the relation of the uses of All structures and uses to the existing property line. I look forward to your call and working with you on this project. Sincerely, Hardcastle Senior Planner 2 Garfield County BUILDING & PLANNING DEPARTMENT & DEPARTMENT March 23, 2005 Stephen Isom Isom & Associates P.O. Box 9 Eagle, Colorado RE: Special Use Permit request for a "Resort" for the James Craig Bair Family Dear Mr. Isom, This office received additional information on March 9th, 2005 regarding your efforts, on behalf of the Bair Family, to render the Special Use Permit application for a "Resort" technically complete. I understand the application is being sought to rectify a zoning violation on the subject ranch which was brought to the attention of the Bair Family in a letter from the County Zoning Enforcement Officer dated September 22, 2003. A copy of this letter has been included for your reference. After reviewing the most recently submitted information regarding the Special Use Permit application, the application has, for the second time, been deemed technically incomplete. At this time, the Garfield County Building and Planning Department continues to need additional information in order to properly review the application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please provide information that more specifically discusses each of the following underlined items listed below and as numbered in the original application. 1 Please submit, in narrative form, the nature and character of the Special Use requested Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or prgposed structures that will be used in conjunction with theproposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. To date, your submittal does not specifically show the locations of the existing and proposed structures that are associated with the proposed resort designation. This office understands that the property is quite large; however, submit scaled site plans for each of the "areas" you have already called out on the larger site plan that includes the foot print of existing structures and proposed structures. For example, the general site plan indicates the "Headquarters Building Area" which is approximately 40 -acres in size. Therefore, submit a scaled site plan for this, and the other areas called out on that plan so that it effectively shows were uses are to be located as 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 opposed to existing structures and their uses. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Regarding the issue of water, the initial submittal included a Permit to Construct a Well (number 243329) which expired on August 24th, 2004. As you are aware, this was an exempt domestic well permit where the use of this well, if constructed, was limited to fire protection, ordinary household purposes inside not more than three (3) single-family dwellings, etc. It is unclear if the well was drilled and could serve the commercial uses such as those proposed in the resort activities taking place at the ranch under the operation known as "High Canyon Adventures at Bair Ranch." Further, while you provided a list of water rights appurtenant to the Bair Ranch which includes a variety of springs and ditches, the submittal does not provide any information that affirmatively shows that the use of that water can be used for the proposed use in the resort. Additionally, in the latest submittal, you include a report from Zancanella & Associates which simply indicates proposed EQRs needed to serve the consumptive needs for the proposed uses. The submittal does not specifically indicate what water sources will serve the specific uses. So it appears there is no substantive information regarding legal or the nature of the physical water supply. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. The site plan submitted is not adequate and does not show all existing and proposed structures on the property as required. As mentioned above, this office understands that the property is quite large; however, you still need to submit scaled site plans for each of the "areas" you have already called out on the larger site plan that includes the foot print of existing structures and proposed structures. For example, the general site plan indicates the "Headquarters Building Area" which is approximately 40 -acres in size. Therefore, submit a scaled site plan for this, and the other areas called out on that plan so that it effectively shows were uses are to be located as opposed to existing structures and their uses. 4. Submit a copy of the deed and a legal description of the subject property. To date, our files indicate that no deed has been submitted for the subject property. 5. Please specifically respond to the following three standards as required in Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted 2 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. (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; (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; As you are aware, it has been approximatelyl 8 months since the property owner was cited as being in violation of the County Zoning Resolution of 1978, as amended. The resort activities on the property have continued to operate illegally since that time. If this Special Use Permit application has not been determined to be technically complete within 30 days of the date of this letter, the County Zoning Enforcement Officer will present the violation case to the Board of County Commissioners at the very next available meeting to determine whether the Board wishes to seek immediate legal action for the present zoning violation. Please note that Mr. Hardcastle no longer works for Garfield County and I will be the County Staff person regarding this matter. Do not hesitate to contact this office should you have additional questions. Very truly yours, Fred A. Jarman, AICP Assistant Planning Director 970.945.8212 enclosure(s) Letter from Steve Hackett, County Zoning Enforcement Officer to James Craig & Dorothy Bair, dated 9/22/2003 cc James Craig & Dorothy Bair Steve Hackett, County Zoning Enforcement Officer 3 July 9, 2004 Stephen Isom Isom & Associates P. O. Box 9 Eagle, CO 81631 Re: Bair Ranch Dear Steve, Garfield County BUILDING & PLANNING DEPARTMENT Code Compliance Office stevehackett(a garfeld-county.com With regard to your letter of December 19, 2003 which requested an additional 90 to 120 days for a Special Use Permit Application. We have not heard from you since then and it continues to be required by Garfield County zoning regulations that the Bairs have a Special Use Permit for their resort operation. We have allowed more than 180 days for compliance. Further, it has been observed, by review of the County Assessors records, that numerous new buildings have been constructed on the Bair Ranch in the past five or so years. It appears that a new lodge, three new one room cabins, a restroom building, several picnic canopies, a cook cabin and several gazebos have been built. We have no record of having issued permits for these buildings. It continues to be a violation of Colorado Revised Statutes 30-28-205 & 210, Garfield County zoning resolution of 1978 which adopts Uniform Building Code, to construct these buildings without permits. It continues to be a violation of Colorado Revised Statutes 30-28-124 & 124.5, Garfield County zoning resolution of 1978, to operate a resort without a Special Use Permit. It is a violation of Colorado Revised Statutes 25-10-101, Garfield County Individual Sewage Disposal System regulations, to install a septic system without a permit. You are hereby given notice, pursuant to the above statutes and regulations, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statues is a misdemeanor crime punishable, upon conviction, by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. Garfield County Building and Zoning regulations and permit application forms are available at www.garfield-county.com in the "Building and Planning" directory. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below or by e-mail at the address above. Sincerely, Compliance Officer CC: James Craig & Doris Bair 66418 U. S. Highway 6 Glenwood Springs, CO 81601 XC: Mark Bean, Planning Director Garfield County Attorney April 11, 2006 Bair Ranch — (High Canyon Adventures) Structures located on property at 66418 U.S. Highway 6 & 24, Glenwood Springs, Co. No building permits for the following: Spruce Lodge Log cabin Three (3) "old maids" cabins Hot tub/gazebo Two (2) canopy/picnic structures Cook cabin Restrooms Equipment garage Ron VanMeter Code Compliance