HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8`h Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county,com
RECE1YED
OCT 0 7 2009
GARFIELD COUNTY
BUILDING & PLANNING
pty: n
❑ PLANNED UNIT DEVELOPMENT (PUD)
❑ PUD Amendment
(Check the Appropriate box above)
GENERAL INFORMATION (Please print legibly)
> Name of Property Owner:
➢ Mailing Address: Telephone: (
)
> City: State: Zip Code: Cell: (
)
E-mail address: FAX: (
)
> Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
D
D Mailing Address: Telephone: (
)
D. City: State: Zip Code: Cell: (
)
D. E-mail address: FAX: (
)
➢ Property Parcel ID
➢ Existing Property Zone District:
> Existing Comprehensive Plan Designation:
D Proposed Zone District:
D Purpose for the proposed rezoning to Planned Unit Development:
Last Revised 12/12/08
REZONING: TEXT AMENDMENT
Il_1(. EJVED
OCT 67 2009
GARFIELD COUNTY
BUILDING & PLANNING
[Amendment to the text of the Unified Land Use Resolution of 2008 or an Existing
Planned unit Development
GENERAL INFORMATION (Please print legibly)
n Name of Property Owner:
Kevin B. Schneider & Kathleen C. Schneider, Rock Gardens MHP & Campground,
LLC
] Mailing Address: 1308 CR 129 Telephone: (970) 945-6737
H City: Glenwood Springs State: CO Zip Code: 81601 Cell: (970) 948-4881
i] E-mail address KevinS@glenwoodcanyonresort.com FAX: (970) 945-2413
O Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
O Ron Liston
1 Mailing Address: 918 Cooper Avenue Telephone: (970) 945-2246
PI City: Glenwood Springs State: CO Zip Code: 81601 Cell: (970) 945-2246
L1 E-mail address: ron@landdesignpartnership FAX: (970) 945-4066
Pi Specific Section of County Unified Land Use Resolution of 2008 or PUD to be
amended:
Text amendment to the Rock Gardens PUD Zone Text.
0 Purpose for the proposed text amendment:
See attached letter.
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Last Revised 12/29/08
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Rock Gardens MHP &
Campground, LLC (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for a Text Amendment of the
Rock Gardens PUD (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base
Fee, established for the PROJECT, and to thereafter permit additional costs to be billed
to OWNER. OWNER agrees to make additional payments upon notification by the
COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners
for the consideration of an application or additional COUNTY staff time or expense not
covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER
shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of
the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning
amendment, or subdivision plan.
PROP- OWNER (OJr ORIZED REPRESENTATIVE)
il/Al '0/09
a ure pat /
Kevin B. Schneider
Print Name
Mailing Address: 1308 CR 129
Glenwood Springs, CO 81601
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersi ned ex cutes
is to gt 2nt of Authority on behalf of dieW AJj44/,�'if ,`l
GG e'tb"r„pz} (corporation, limirad-.1.+=hr
company, general partnership, registered limited liability
partnership, registered limited liability limited partnership,
limited partnership association, government agency, trust or
other), an entity other than an individual, capable of holding
title to real property (the "Entity"), and states as follows:
The name of the Entity is7e,f4e6y �f /4 i'4441,6717-491'4"/AC
and is formed under the laws of U'Aq D
The mailing address for the Entity is /3Di lid- /019
ALTs m .S fb ec/bD/
The name and/oy position of the person authorized to
execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the Entity is
.6/,Aei 3 ____-4/4/72,74201.,
The limitations upon the authority of the person named
above or holding the position described above to bind the Entity
are as follows: 404.0%
(if no limitations, insert "None")
Other matters concerning the manner in which the Entity
deals with any interest in real property are:
(if no other matter, leave this section blank)
EXECUTED this day of , 20
Signature:
Name(typed or printed:
Title (if any):
STATE OF ). COUNTY OF
The foregoing instrument was acknowledged before me this
, 20 by
, a
Witness my hand and official seal.
My commission expires:
(Notary Public)
[SEAL]
05/09
day of
, on behalf of
LAND DESIGN PARTNERSHIP
918 Cooper Avenue, Glenwood Springs, CO 81601
970-945-2246 / Fax 970-945-4066 / Cell 970-379-7638
E-mail: ronalanddesignpartnership.com
October 6, 2009
Fred Jarman
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Rock Gardens PUD Text Amendment
Dear Mr. Jarman:
RECEIVED
OCT 072009
GARFIELD COUNTY
BUILDING & PLANNING
As described by Mike Sawyer and myself at our Pre -Application Conference with you in
August, Kevin Schneider desires to construct a ropes challenge course on the
southeast side of the Colorado River on property that is designated as Open Space
District in the Rock Gardens Planned Unit Development. The Open Space District lists
"ropes course" as a "Use By Right" and access across the river to the ropes challenge
course is proposed to be achieved by zip lines which are a normal and typical element
of ropes courses. However, "ropes course" was not listed as a Use By Right in the
Camper Park and Commercial Recreation District located on the northwesterly side of
the river where the zip lines originate from and return to, thereby raising a potential
conflict with the current PUD Zoning. At the time of the original PUD approval this detail
related to using an element of the ropes course as a potential mechanism by which to
access the easterly side of the river was overlooked as was the possibility of placing
other elements of the ropes course on the northwesterly side of the river which would be
logical given the other approved uses in the Camper Park and Commercial Recreation
District. To rectify this oversight, the Applicant of the original Rock Gardens PUD
Zoning request and the current owner of the property, Kevin Schneider, requests a
simple text amendment of the Rock Gardens PUD to add "ropes course" as a Use By
Right in the Camper Park and Commercial Recreation District.
This text amendment is not a Substantial Modification and thereby should be reviewed
by the Planning Director. The Garfield County Unified Land Use Resolution, Article XVI
Definitions, Substantial Change, identifies the criteria to be evaluated in determining
whether a request should be considered a Substantial Change or Modification or not.
The following offers practical testimony as to why the requested text amendment does
not represent a Substantial Change to the Rock Gardens PUD Zoning or Resolution.
The referenced regulations are shown in Italics with the response shown in Arial font.
Substantial Change. A change to an existing approved land use resulting in
one or more of the following.
1. A change in land use category.
The addition of `ropes course" to the allowed uses of the Camper Park and
Commercial Recreation District within the Rock Gardens PUD does not change
any land use category within the PUD.
2. A change in site design which increases
a. the number of dwelling units.
There will be no resulting increase in dwelling units.
b. the maximum square footage of structures less than 10,000
sq. ft. over 100% and structures over 10,000 sq. ft. by 10%,
if a maximum has been specified in a permit or approval.
No existing or proposed building will be affected by this text amendment.
c. projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change
The ropes course will be predominantly utilized by participants in other
recreational and camping activities within the Rock Gardens PUD. The ropes
course is an allowed use and could be constructed with reliance upon other
means of access across the Colorado River such as rafts. The requested Text
Amendment will simply allow for more convenient access to the main ropes
course complex utilizing the zip line, one of the more exciting elements of a
typical ropes challenge course. Therefore the proposed text amendment will not
have an impact on traffic volumes different than was anticipated by the approved
Rock Gardens PUD.
Use of the zip lines negates the use of rafts as the primary means of access to
the elements of the ropes course located across the river thus eliminating
multiple perpendicular crossings of the river with rafts that would otherwise
increase water traffic congestion on this section of the river. The use of zip lines
will minimize river traffic, preserving and enhancing the quality of the multiple
recreational experiences in the Colorado River corridor.
d the size of the land which is the subject of the permit or
approval
The requested Text Amendment does not alter the size of the property.
3. A change in land use which creates or increases the incompatibility
of the use.
As noted earlier, "ropes course" is a Use By Right in the Open Space District
which encompasses all lands within the PUD property south and east of the
Colorado River and much of the river itself. In the area where zip lines are
proposed to cross the river, the Open Space District includes approximately three
quarters of the river's width, consequentially, over three quarters of the
cumulative length of zip lines are within the zone district in which they are
currently allowed and therefore considered to be compatible.
Addition of "ropes course" to the Camper Park and Commercial Recreation
District is in itself a compatible addition to that zone district given the recreational
uses included as a Use By Right in that district. Even if an entire ropes course
were located within this district, such as on the lower terrace along the river, it
would be very compatible with the camping, fishing, rafting and casual recreation
activities in that area. The soon to be constructed community building with its
large deck is ideally located to observe and relish in the excitement of the zip
lines and ropes course in general. With the approval of the requested text
amendment, the Applicant may also consider placing other elements of the ropes
course in the Camper Park and Commercial Recreation District such as the three
person swing shown on the site plan included herewith. The zip lines will not be
incompatible with adjacent CDOT Rest Area which is itself a recreational type of
use that will overlook the easterly portions of the zip lines and ropes course from
a location up -river from and high above the proposed activities as well as from
the pedestrian trail near the river. Travelers will likely congregate at the Overlook
on the east side of the Rest Area Parking lot to watch for folks zipping across the
river some 600 feet to the southeast. Bikers and hikers on the pedestrian trail
along the river may be inclined to take pause to catch sight of a "zipper" over the
river. The Take -Off and Landing Platforms on the northwest side of the river will
be visually screened by topography and existing vegetation from visitors at the
Rest Area.
To the south, the railroad and National Forest lands do not suggest any sense of
incompatibility. Compatibility with the existing private property to the east,
accessible only by the existing cable car over the river, was necessarily
considered when the ropes course was included as a Use By Right in the original
PUD approval. According to Kevin Schneider, the owner of said private property
at the time of the original Rock Gardens PUD review, attended at least one of the
public hearings regarding the proposed PUD.
The zip lines high above the Colorado River are also consistent with the multi-
use recreational nature of the Colorado River corridor. Even the existing cable
car crossing the river in this area is an element of interest to recreationalist on
the river and the zip lines and ropes course will likely be an even greater point of
notable interest for rafters. At a central point over the river the zip line cables will
be about 37 feet over the river and three to four feet closer to the water surface
at the edge of the river with allowance for some sag in the cable when occupied.
During typical flood stage, the river surface is anticipated to be two to four feet
closer to the zip line cables but with all variations including final design of the zip
line structures and variable flood levels, the zip line cables should be over thirty
feet above the river. The feet of occupants riding the zip line will extend
approximately six feet below the zip line cable. As compared to the existing
cable across the river, the zip lines are highly unlikely to interfere with
fishermen's casting activities.
To facilitate your review of the requested text amendment, included herewith is a site
plan of an easterly portion of the Rock Gardens PUD which shows a preliminary
configuration of the elements of the proposed ropes course and alignment of the zip
lines. Note each zip line platform will include three separate zip lines each comprised
of two cables separated by about 10 inches, one above the other. The ultimate ropes
course may also include a few "low level" (less frightening with platforms only a few feet
above grade) elements either on one side or the other of the river. Also included is a
cross section of the zip lines which portrays the approximate relationship of the zip line
cables to the river surface.
In summary, the proposed text amendment to add "ropes course" to the Camper Park
and Commercial Recreation District does not result in any of the conditions necessary
to be considered a "Substantial Change or Modification" based on our evaluation. The
whole context of the Glenwood Springs community and particularly of the Colorado
River corridor in the area of the Rock Gardens PUD is one of "active recreation" (rafting,
kayaking, camping, fishing, highway rest area, biking and pedestrian trails) with which
the ropes course and associated zip lines are thoroughly compatible. Your
consideration of the requested text amendment as an administrative review under your
direction as Planning Director would appear to be appropriate and much appreciated by
the applicant.
If you have any questions or require any additional information, please contact myself or
Mike Sawyer at Leavenworth and Karp PC.
Regards;
Ronald Liston
pc: Kevin Schneider
Mike Sawyer
ommunity Building Deck Elevation
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10-2-09
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Title
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Dravdrg Number Drawn By Oate
Rock Gardesn PUD RBL 10/2/09
CAO File Name
PUD Plan v2008.vwx
ZONING
CP -CR; CAMPER PARK AND COMMERCIAL RECREATION DISTRICT 1289 ACRES
OS; OPEN SPACE 30.17 ACRES
TOTAL SITE AREA 43.06 ACRES
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PROJECT NO.
99033.01
3
River Trail
Colorado Department of Transportation
No Name Rest Area
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Zone District
20.00' Access Road Approach Easement
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Drawing Number
Rock Gardens PUD
Drawn By
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CAD File Name
PUD Planv2008.vwx
Date
10-2-09
Property Line
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munity Building Deck Elevation
omn
Take -Off Platform
A
Landing Platform
Take -Off Platform
C
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East to West
West to East
Landing P
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Existing Cable Car
Estimated Elevation Over Rive
Zip Line Cross Section
10-2-09
Ro k ;dens PUD
Title
Zip Line Cross Section
Dravnng Number Drawn By
Rock Gardesn PUD RBL
CAD File Name
PUD Plan v2008.vv✓x
Date
10/2/09
ROCK GARDENS PLANNED UNIT DEVELOPMENT
ZONE REGULATIONS
Revised July 14, 2004
Revised October 16, 2009
1.00 Regulating Authority
The provisions of these regulations shall prevail and govern the development of Rock Gardens
PUD provided; however, where the provisions of the Rock Garden PUD Zone Regulations do
not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield
County shall prevail. Definitions established herein shall take precedence over definitions
established by the Zoning Regulation of Garfield County, adopted January 2, 1979 and as
amended, wherever these regulations are applicable to the Rock Gardens PUD.
2.00 Definitions
2.01 Park Trailers: Sometimes referred to as Park Models, are recreational vehicles
built on a single chassis, mounted on wheels with a gross trailer area not
exceeding 400 square feet when set up. Each is certified by its manufacturer as
complying with ANSI 119.5, a nationally recognized safety standard for Park
Trailers that is mandated and enforced by the State of Colorado. Park Trailers are
typically sited in Recreational Vehicle Parks for extended terms, typically several
years.
2.02 Camping Cabin: An enclosed structure, sited on a temporary foundation, with no
water or sewer services and containing not more than150 square feet of enclosed
gross floor area. A cabin typically provides sleeping berths for two to four
people. Electric service is typically provided.
3.00 Zone Districts
3.01 Camper Park & Commercial Recreation District
3.01.01 Uses, by right:
Camper Park accommodating sites for tent camping, recreational vehicles, park
trailers, camping cabins and administration and service buildings normally
accessory to a camper park., when compliant with the requirements of Section
5.00 the Rock Gardens PUD Zone Regulations.
Mobile Home Park, when compliant with the requirements of Section 5.00 the
Rock Gardens PUD Zone Regulations.
Rooming House or Dormitory type residential accommodations exclusively for
persons employed at the Rock Gardens up to a maximum of 16 persons within a
building also occupied by another Use By Right of this PUD, or within a mobile
home or recreational vehicle.
Residential dwelling contained within a building also occupied by another Use By
Right of this PUD. A maximum of two such dwellings shall be allowed.
Sales, administration and operation of outdoor adventure tours including
equipment outfitting, guide services, jeep tours, river excursions and the lease of
rafts, kayaks, canoes, dory style river boats and other watercraft, bicycles and
similar peddle -powered vehicles, backpacking and camping gear and rock
climbing equipment. Indoor recreation services including video arcades games.
Retail sales of snack foods and beverages, convenience items, fishing tackle,
photographic supplies, travel memorabilia and gifts, primarily for guest and
clients of the on-site operations.
Photographic service associated with the on-site outdoor adventure tours
operations.
Ropes Challenge Course
Community building / meeting hall with kitchen.
Snack and sandwich bar with a maximum seating capacity of twenty chairs.
Beer and wine service at the community building and the snack and sandwich bar.
Sewage treatment facilities; wells, water storage and water treatment facilities for
domestic and irrigation purposes, all exclusively providing service to uses within
the Rock Gardens PUD and to surrounding properties, as may be approved by the
Colorado Department Health.
3.01.02 Uses conditional: NONE
3.01.03 Uses special: NONE
3.01.04 Minimum Lot Area: One acre
3.01.05 Maximum Lot Coverage: Thirty-five percent (35%).
3.01.06 Minimum Setback:
(1)
Public Street Right -of -Way: Buildings, Recreational Vehicle parking
spaces and Tent Camp Sites 25 feet
2
(2) Other PUD Boundaries:
Buildings & Recreational Vehicle parking spaces
15 feet
(3) Tent Camp Sites 5 feet
3.01.07 Maximum Height of Buildings: Twenty-five (25) feet.
3.01.08 Maximum Floor Area Ratio: NONE
3.01.09 Parking Requirements:
(1) Each camp site in addition to the area provided for a recreational vehicle
or tent: One (1) parking space
(2) Each Park Trailer and Camping Cabin: One (1) parking space
(3) Retail sales: One (1) parking space per 500 square
feet of retail sales floor area.
(4) Recreational Services: One parking space for every five (5) persons
of the projected capacity of the recreation service.
(5) Mobile Home: Two (2) parking spaces
(6) Attached Single Family Dwelling: Two (2) parking spaces
(7) Employee Dormitory Lodging: One (1) parking space per every two
(2) beds.
(8) General Criteria:
i. Each parking space shall be a minimum of 9'x 19' of graveled
surface.
ii. Parking spaces shall be located within one hundred and fifty feet of
a recreational vehicle or tent camper space, park trailer or camping
cabin that it is intended to serve..
4.01 Open Space District
4.01.01 Uses by right:
Open Space, Ropes challenge course, primitive trails.
4.01.02 Uses, conditional: NONE
4.01.03 Uses special: NONE
4.01.04 Minimum Lot Area: One Acre
3
5.00 Mobile Home Park and Camper Park Regulations
5.01 Site Requirements Applicable Only to New Mobile Home Facilities:
(1) Minimum Space Size: Each mobile home space shall contain at least thirty-six hundred
(3,600) square feet of area exclusive of access driveways.
(2) Maximum Space Coverage: The inhabitable floor area of the mobile home shall cover no
more than thirty-five percent (35%) of the space upon which it is located. Appurtenant enclosed
structures and covered porches shall cover no more than fifteen (15) percent of the mobile home
space.
(3) Minimum Separation of Mobile Homes: The minimum space between any two mobile homes
shall be 20 feet, The Minimum separation between appurtenant structures and mobile homes on
adjacent spaces shall be twelve (12) feet. There is no minimum separation between appurtenant
structures.
(4) The area of placement for the mobile home shall be graded for drainage and the mobile home
supported in a manor to prevent shifting or settling of the mobile home.
(5) Each mobile home space shall provide two (2), 9'x 19' graveled or paved parking spaces.
(6) Driveways: The minimum unobstructed width of internal access driveways shall be twenty-
four (24) feet, providing no parking is permitted thereon.
5.02 Site Requirements Applicable Only to New Camper Space Facilities:
(1) Setbacks: All recreational vehicle parking spaces shall observe the minimum setbacks
established by the Rock Gardens PUD Zone Regulations.
(2) Tent Camper Spaces: The minimum on -center distance between tent sites shall be twenty
(20) feet. Each space shall contain a well -drained, reasonably level tent site. Each space shall be
provided a graveled parking space within approximately 150 feet of the tent site. Parking for a
group tent camping site may be located at a greater distance.
(3) Recreational Vehicle Spaces: The minimum on -center distance between recreational vehicles
parking spaces shall be twenty-five (25) feet. Each graveled or paved recreational parking space
shall be a minimum width of twelve (12) feet and a minimum length of twenty-four (24) feet. In
addition to the RV parking space, one 9'x19' parking space will be provided within 150 feet of
each RV space. This parking space may be located at end of or adjacent to the RV parking
space.
(4) Driveways: The minimum unobstructed width of access driveways shall be fifteen feet (15)
feet for one-way traffic or twenty-two (22) feet for two-way traffic with a two foot gravel
shoulder, providing no parking is permitted thereon. Driveways may be of gravel surface.
(5) All permanent building foundations shall be designed based on a site—specific geotechnical
study
5.03 Water Supply and Distribution: General Requirements:
(1) The physical and legal supply of domestic water shall be consistent with the Rock Gardens
PUD as approved by Garfield County and shall be in compliance with the drinking water
standards of the Colorado Department of Health
4
(2) The water supply, treatment, storage and distribution systems shall be designed by a
professional engineer licensed by the State of Colorado and which designs shall be in accordance
with applicable regulations of the Colorado Department of Health.
(3) All recreational vehicle parking spaces shall be provided with a domestic water service
connection.
(4) A water service station shall be provided within one hundred and fifty (150) feet of each tent
camping site.
5.04 Fire Protection; General Requirements:
(1) 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 tenants about means for summoning fire
apparatus, sheriffs department and park employees. No open fires shall be left unattended at any
time.
(2) One (1) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for
flammable liquid or electrical fires (Class B and Class C) shall be located in an open station
within approximately hundred (100) feet of any tent site and recreational vehicle parking space.
(3) Any new domestic water distribution system construction shall have fire hydrants located as
approved by the Glenwood Springs Fire Department.
(4) Fire suppression sprinkler systems meeting NFPA 13, 1999 in the new community building,
additions to the office and residence complex and the expanded storage/maintenance shop. At
the time of expansion, the existing portions of these structures shall be retrofitted with fire
suppression sprinklers .
(5) All buildings with fire suppression sprinkler systems shall also be equipped with an alarm
system designed to NFPA 71, 1999 standards an monitored by a UL listed central station.
5.05 Sewage Disposal; General Requirements:
(1) The sewage collection system and sewage treatment facility shall be designed by a
professional engineer licensed in the State of Colorado. These systems shall meet all applicable
requirements of the Colorado Department of Health and shall be consistent with the sewage
collection and treatment system conceptually defined by the Rock Gardens PUD.
(2) Sink Wastes: No liquid wastes from sinks shall be allowed to accumulate on the ground
surface. Gravel dry wells may be provided for the disposal of liquid sink wastes in the area of
the tent camping sites.
5.06 Electrical Distribution and Exterior Lighting:
(1) The electrical distribution system, consisting of wiring, fixtures, equipment and
appurtenances thereto which shall be installed and maintained in accordance with the USA
Standard "National Electrical Code, 1971" and all subsequent amendments thereto. All plans for
the above services shall have the approval of the responsible utility prior to county approval of
park plans.
(2) All exterior lights shall be recessed or full cut-off fixtures that eliminate or substantially
reduce direct view of the light source. Continuous and regular use of exterior flood lighting is
prohibited. Security/safety lighting, with or without motion detectors shall be allowed when
directed inward on the property.
5
5.07 Service Facilities; General Requirements: Service facilities shall be provided at locations
specified on the Rock Gardens PUD Site Plan.
(1) All portions of the structure shall be properly protected from damage by ordinary uses and by
decay, corrosion, termites and other destructive elements. Exterior portions shall be of such
materials and be so constructed and protected as to prevent entrance or penetration of moisture
and weather;
(2) All rooms containing sanitary or laundry facilities shall have sound -resistant walls extending
to the ceiling between male and female sanitary facilities. Walls and partitions around showers,
bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent
waterproof material or covered with moisture resistant material;
(3) Each room containing sanitary or laundry facilities shall have at least one (1) window or
skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each
room shall be not less than ten percent (10%) of the floor area served by them. Each room shall
have at least one (1) window which can be easily opened, or a mechanical device which will
adequately ventilate the room;
(4) Toilets shall be located in separate compartments.. Shower stalls shall be of the individual
type. The rooms shall be screened to prevent direct view of the interior when the exterior doors
are open;
(5) Illumination levels shall be maintained as follows:
(i) general seeing tasks - five (5) footcandles;
(ii) laundry room work area - forty (40) footcandles;
(iii) toilet room in front of mirrors - forty (40) footcandles;
(6) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry
fixture, and cold water shall be furnished to every closet and urinal.
5.08 Campfire and Fire Pits:
(1) No fire pits are allowed in the Phase I and Phase II areas except for one common use fire pit
at each of the following locations:
i. In lawn area immediately south of the main office building
ii. In the central areas of the tent camp sites
iii. In the general area of the Camper Cabins.
(2) Existing fire pits may remain at campsites on the lower river terrace.
(3) Charcoal or gas BBO grills are allowed at individual camper sites.
5.09 Supervision; General Requirements:
(1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its
facilities and equipment in a clean, orderly and sanitary condition;
(2) The owner shall be answerable for the violation of any provision of this Zone Regulation and
other applicable County and State regulations. Copies of Regulations shall be made available to
the park residents by the park manager or owner;
(3) Refuse Handling: The storage, collection and disposal of refuse in mobile home parks and
camper parks shall be so arranged as to create no health hazards, rodent harborage, insect
breeding areas, accident or fire hazards, or air pollution. All Refuse containers shall be bear
proof. All refuse shall be disposed of at either a municipal or County designated landfill site;
6
(4) Pest Control: Grounds, buildings and structures shall be maintained free of insect and rodent
harborage and infestation. Extermination methods and other measures to control insects and
rodents shall conform to the requirements of the County Environmental Health Officer and the
Colorado State Department of Health;
(5) Pet Control: no owner or person in charge of any dog, cat or other pet animal shall permit it
to run at large or commit any nuisance within the limits of any mobile home or camper park. All
dogs shall be kept on leash.
(6) The owners shall control County listed noxious weeds.
(7) A "No Trespassing" sign with a minimum dimension of 24"x 18" shall be placed
immediately above the normal high-water line on the north bank of the Colorado River at the
west boundary of the Rock Gardens property. "No Trespassing" signs with a minimum
dimension of 8"x 10" shall be placed at 50 foot intervals in the west property fence.
(8) All camper park guests shall, upon registration, be provided with rules to be observed by
camper park guests. Said rules shall included but are not limited to guidelines for noise, quiet
hours, refuse handling, interaction with wildlife, use of BBQ grills, restrictions on campfires,
guidelines for being good neighbors when walking in the neighborhoods outside of the Rock
Gardens site and strict warnings about no trespassing on properties down river from the Rock
Gardens property.
(9) Weed Management: The owner shall be responsible for maintaining an ongoing weed
management program as discussed in the VEGETATION REPORT prepared by Beattie Wildlife
Consultant, Inc. and dated June 2004.
5.10 Length of Stay in Camper Park: Occupancy in a Rock Gardens camper park space by any
individual shall be limited to no more than one hundred twenty (120) days per year. The Length
of Stay limitation does not apply to Rock Gardens employee housing or to mobile homes.
7
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
ROCK GARDENS MOBILE HOME PARK & CAMPGROUND, L.L.C.
is a Limited Liability Company formed or registered on 01/22/2002 under the law of Colorado, has
complied with all applicable requirements of this office, and is in good standing with this office. This
entity has been assigned entity identification number 20021014492.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 10/14/2009 that have been posted, and by documents delivered to this office electronically
through 10/16/2009 @ 10.0422
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 10/16/2009 @
10:04:22 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 7482672.
Secretary of State of the State of Colorado
*********************************************End of Certificate********************************************
Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However,
as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of
the Secretary of State's Web site, hap://www.sos.state.co.us/biz/CertiftcateSearchCriteria.do entering the certificate's confirmation number
displayed on the certificate, and following the instructions displayed.Conti ming the issuan e f e tifrcate is me (,apt' nal a d of
necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, httplIwww.sos.state.co.us/ click Business
Center and select "Frequently Asked Questions."
CERT GSD Revised 08/20/2008
ALTA Loan Policy (6-17-06)
LOAN POLICY OF TITLE INSURANCE
ISSUED BY
stewart
title guaranty company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be
given to the Company at the address shown in Section 17 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND
THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company") insures as of Date of Policy and, to
the extent stated in Covered Risks 11, 13, and 14, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,
sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
Countersigned:
Authorized Counleisignature
Stewart Title of Colorado, Inc.
Glenwood Springs Division
1620 Grand Avenue
Glenwood Springs, Colorado 81601
Phone: 970-945-5434
Fax: 970-945-1135
Agent ID: 06051 A
stewart
title guaranty company
44
an of t e Board
Senior Chairman
Chairman of the Board
President
If you want information about coverag or need assistance to resolve complaints, please can our roll free number 1-800-7291902. If you make a claim under your policy, you must furnish written notice in accordant
with Section 3 of Conditions. Visit our World -Wide Web site at http//www.stewwl.com
Serial No.: M-9302-791110
1 Pass l of Pobcv Sena] No. ALTA LOAN POLICY 6-17-06
ALTA Loan Policy (6/17/06)
Name and Address of Title Insurance Company:
SCHEDULE A
Stewart Title Guaranty Company
P.O. Box 2029
Houston, Texas 77252-2029
Order Number: 13511 Policy Number: M-9302-791110
Date of Policy: May 29, 2008 at 4:30 PM
(or the date of recording of the insured deed, whichever is later)
Amount of Insurance: $2,896,000.00
*Address Reference: 1308 County Road 129
Glenwood Springs, Colorado 81601
1. Name of Insured:
U.S. Bank, N.A., Its successors and/or assigns
Premium: $2,637.00
2. The estate or interest in the land which is encumbered by the insured mortgage is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Rock Gardens Mobile Home Park & Campground, LLC
4. The insured mortgage and assignments thereof, if any are described as follows:
Deed of Trust executed by Rock Gardens Mobile Home Park & Campground, LLC to the Public Trustee of
Garfield County, dated May 27, 2008, in the principal amount of $2,896,000.00, payable to U.S. Bank, N.A.
5. The land referred to in this policy is described as follows:
See Attached Legal Description
*FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION
ALTA Loan Policy — Schedule A
Page 1 of 2 Policy Typist LKR
EQtewart°
ALTA Loan Policy (6/17/06)
SCHEDULE A
EXHIBIT "A"
PARCEL A:
A strip or parcel of land 200 feet wide lying South of the road and off the West side of the NW I/4SE1/4, Section 2, Township 6
South, Range 89 West of the 6th P.M. and more particularly described as follows:
Beginning at the Southwest corner of said NW1/4SE1/4;
thence running Easterly 200 feet along South line of said NW I/4SE1/4;
thence Northerly on a line parallel to West line of said NW 1/4SE1/4; to the County Road;
thence Westerly along the County Road to the West line of said NW I/4SE1/4;
thence Southerly along said West line to the Place of Beginning;
EXCEPTING FROM the above described Parcel A the property conveyed to the Department of Highways, State of Colorado, by
Edward E. Henderson, Jr. and Iris V. Henderson in Deed recorded October 22, 1964 in Book 361 at page 409 as Reception No.
227358 and described as follows, to -wit:
A tract or parcel of land No. 113 of Colorado Department of Highways Project No. I 70-2(2)121 Section 2, in the NW1/4 of the
SE1/4 of Section 2, Township 6 South, Range 89 West of the 6th P.M., said tract or parcel being more particularly described as
follows:
Beginning at a point on the West line of the NW1/4 of the SE1/4 of Section 2 from which point the E1/4 corner of Section 2,
Township 6 South, Range 89 West, bears N. 78 degrees 08' E., a distance of 2493.9 feet;
thence N. 0 degrees 50'30" E. along the West line of the NW1/4 of the SE1/4 of Section 2, a distance of 64.4 feet to the South
right of way line of S.H. 4 (December 1963);
thence along the South right of way line of S. H. 4 (December 1963) N. 81 degrees 29' E. a distance of 208.7 feet to the East
property line;
thence S. 0 degrees 50'30" W. along the East property line a distance of 120.4 feet;
thence N. 83 degrees 03' W. a distance of 207.1 feet, more or less, to the Point of Beginning.
PARCEL B
ALSO, the SW1/4SE1/4 of Section 2, Township 6 South, Range 89 West of the 6th Principal Meridian.
County of Garfield
State of Colorado
*FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION
ALTA Loan Policy — Schedule A
Page 2 of 2 Policy Typist: LKR
Estewart•
ALTA LOAN POLICY (6/17/06)
SCHEDULE B
PART I
Exceptions From Coverage
Order Number: 13511 Policy Number: M-9302-791110
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the Land and not shown by
the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
6. Water rights, claims or title to water.
7. All taxes for 2008 and subsequent years, which are a lien not yet payable.
8. The effect of inclusions in any general or specific water conservancy, fire protection, soil
conservation or other
9. district or inclusion in any water service or street improvement area.
10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States
Patent recorded May 6, 1986 in Book 12 at Page 421 as Reception No. 19327. (Parcel A)
11. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same
be found to penetrate or intersect the premises hereby granted, as reserved in United States
Patent recorded September 11, 1895 in Book 12 at Page 382 as Reception No. 18678. (Parcel B)
12. Right of way for ditches or canals constructed by the authority of the United States, as reserved
in United States atent recorded September 11, 1895 in Book 12 at Page 382 as Reception No.
18678. (Parcel B)
13. Easement and right of way for an access road in the instrument recorded February 18, 1965 in
Book 364 at page 62 as Reception No. 228765
14. A perpetual easement in instrument recorded October 22, 1964 in Book 361 at page 408 as
Reception No. 227357.
ALTA Loan Policy Schedule B -I stewart
Page 1 of 2 [_tifie euaranty oomnany
ALTA LOAN POLICY (6/17/06)
15. Boundary Agreement recorded August 5, 1993 in Book 871 at Page 483 as Reception No.
450876.
16. Boundary Agreement Map recorded September 16, 1993 as Reception No. 452494.
17. Grant of Aerial Easement recorded October 29, 2003 in Book 1533 at Page 91 as Reception No.
639609.
18. Resolution No. 2004-69 recorded August 20, 2004 in Book 1615 at Page 523 as Reception No.
658362.
19. Right of way of the Denver and Rio Grande Western Railroad as same crosses subject property.
20. Lack of a right of access to that portion of the SW1/4SE1/4, lying southerly and easterly of the
northerly bank of the Colorado River.
21. Any adverse claim based upon the assertion that (a) some portion of the land forms the bed or
bank of a navigable river or lake, or lies below the mean high water mark thereof; (b) the
boundary of the land has been affected by a change in the course or water level of a navigable
river or lake; (c) the land is subject to water rights, claims or title to water and to any law or
governmental regulation pertaining to wetlands; (d) the public's rights to use the waters.
22. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in
the river bed location by natural or other than natural causes, or alteration through any cause,
natural or unnatural, of the center thread, bank, channel or flow of waters in the Colorado River
lying within the subject land; and any question as to the location of such center thread, bed, bank,
or channel as a legal description monument or marker for the purposes of describing or locating
subject lands.
ALTA Loan Policy Schedule B -I
Page 2 of 2
Estewart•
ALTA LOAN POLICY (6/17/06)
SCHEDULE B
PART II
Order Number: 13511 Policy Number: M-9302-791110
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following
matters, and the Company insures against loss or damage sustained in the event that they are not
subordinate to the lien of the Insured Mortgage:
1. Deed of Trust from Kevin B. Schneider and Kathleen C. Schneider for the use of Kimberly
Mechling to secure $1,281,584.01 dated March 15, 1996, and recorded March 19, 1996, in Book
970 at Page 934 as Reception No. 490471.
Said Deed of Trust was subordinated to the Deed of Trust to be insured herein by Subordination
Agreement dated May 27, 2008 and to be recorded in connection with this transaction.
ALTA Loan Policy Schedule B 11
Page 1 of 1
Lstewart•
1111111111111111111111111111 1111111111 III IIID 11111111
658362 08/20/2004 11:37A 81615 P523 M ALSDORF
1 of 16 R 0.00 D 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 Plaza Building, in
Glenwood Springs on Monday, the 12`h day of July, 2004, there were present:
John Martin
Larry McCown
Tresi Bourn
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner. Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2004-69
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLANNED UNIT.
DEVELOPMENT APPLICATION FOR KEVIN B. AND KATHLEEN C. SCHNEIDER
FOR THE ROCK GARDENS PLANNED UNIT DEVELOPMENT
Parcel ID: 2185-024-00-046
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Planned Unit Development (the PUD) application from Kevin B. and Kathleen
C. Schneider (the Applicant) to develop the Rock Gardens Campground (the Property)
which consists of 43 acres and is practically located directly south of the Interstate - 70
interchange at No Name just east of Glenwood Springs, Colorado; and
WHEREAS, the Applicant proposes to rezone the Property from Residential /
General / Suburban Density (RGSD) and Agricultural / Residential / Rural Density
(ARRD) to PUD which is more fully described in "Exhibit A" (PUD map) and "Exhibit
B" (PUD zoning) which allows uses in general to include 1) Tent & RV Camping; 2)
Camping trailers and park trailers / cabins; 3) Recreation services to include rafting
excursions, bicycle rentals, fishing excursions, jeep tows, kayak, boat, and raft rentals,
and point of registration for other recreational adventures (hunting, photographic tours);
4) On site recreation activities to include a rock wall, ropes course, and organized
activities to take place in the propose community facility; 5) Commercial services such as
1 IIIIII Hill 1111111 111 1111111 11111 11111 III 11111 1111 111
658362 06/20/2004 11:37R 61615 P524 t1 RLSOORF
2 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO
the sale of food, beverages, and convenience items, travel memorabilia, and a small food
service grill; and 6) Mobile homes;
WHEREAS., on .May 12, 2004, the Garfield County Planting Commission
considered the proposed PUD for Rock Gardens Campground in a public hearing and
forwarded a recommendation of approval. with conditions to the Board of County
Commissioners for the PUD; and
WHEREAS, on June 21, 2004, the Board of County Commissioners opened a
public hearing upon the question of whether the PUD should be granted, granted with
conditions, or denied at which hearing the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said PUD; and
WHEREAS, on June 21, 2004, the Board of County Commissioners continued the
public hearing until the le day of July, 2004; and
WHEREAS, the Board of County Commissioners closed the publie hearing on the
126 day of July, 2004 to make a final decision; and
WHEREAS, the. Board of County Commissioners, on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning Commission and before the Board of County
Commissioners.
2. That the hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and issues
were submitted; and that all interested parties were heard at those hearings.
3. That the application is in compliance with the standards set forth in Section 4:00 of
the Garfield County Zoning Resolution of 1978, as amended.
4. That the proposed PUD is in compliance with the Comprehensive Plan of 2000 for
the unincorporated areas of the County.
5. That the proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County,
•
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on the determination of facts set
forth above, the request is approved to rezone the Property from RGSD and ARRD to
PUD (further described in `Exhibit B" attached hereto) with the following conditions:
1. That all representations made by the Applicant in the application and as testimony in
[111111111111111111111 1111111111111111111111111 11111111
658362 08/20/2004 11:37A BI615 11525 M PLSDORF
3 of I6 R 0.00 D 0.00 GPRFIELD COUNTY CO
the public hearings before the Planning & Zoning Commission and Board of County
Commissioners shall be conditions of approval, unless specifically altered by the
Board of County Commissioners.
2. The Applicant shall install two new fire hydrants on the new eight inch water main.
One shall be located near R.V, spaces 2 & 3 or on the north side of the expanded
office building as part of Phase 1 improvements. The second new hydrant shall be
installed near the new community building as part of Phase 11 as the water line main
is extended to serve the improvements in Phase I1. In addition, the Applicant shall
install a "Dry Hydrant" near the Colorado River on the lower bench of the property as
part of Phase If improvements. The dry hydrant shall be designed and installed to
National Fire Protection Standards. Prior to installation, plans of the dry hydrant
design shall be presented to the Glenwood Springs Fire Department for review and
approval.
3. The Applicant shall contact the Glenwood Fire Protection District once the
community water system and new hydrants are completed so that the Department can
obtain fire flow rates on the system.
4. The Applicant shall install fire sprinkler systems (meeting NFPA Standards) in all
new buildings when they are built including the community center and when the
additions are constructed on the existing buildings which include the administrative
office and residence complex and expanded storage/maintenance shop). Further, the
Applicant shall retro fit the older parts of the same buildings that will be added on to
with a fire sprinkler system at the time the additions are made. The Applicant shall
install an alarm system for the sprinklered buildings to be designed to NFPA 71, 1999
standards and monitored by a UL Listed Central Station.
5. The Applicant shall design and construct the secondary emergency egress right-of-
way which terminates at the Rock Gardens property line as shown on the PUD Plan.
6. The Applicant shall be required to bear proof all outdoor trash containers and require
that all dogs on-site shall be kept on leash.
7. The proposed community building shall not be relocated to the presently proposed
location of the waste water treatment facility.
8. Due to the potential for geotechnical concerns for potential settlement of structures,
all structures shall require a site specific geotechnical study before a building permit
is issued. This should be included in the PUD Zone Regulations.
9. The private driveway through the property shall be constructed at a total width of 26
feet consisting of 22 feet of pavement and 2 feet on each side as a gravel road base.
10. The Applicant shall complete the wastewater treatment facility as part of Phase 1.
11. The Applicant shall complete the community water system in two phases with Phase 1
1 111111 11111111111111111111111111111111 111 11111 1111 1111
658362 08/20/2004 11:378 81615 P526 11 RLSDORF
4 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO
improvements to include the wells, storage tanks, water pump / treatment systems,
fire hydrant, and 8" water main to terminate where the main intemal road turns east.
Phase II improvements include completing the 8" water line to the community
building and fire hydrant located adjacent to the community building.
12. Regarding the control of noxious weeds, the Applicant shall provide the following
information prior to the hearing before the Board of County Commissioners:
A. Inventory and mapping -The Applicant shall map and inventory the
property for County listed noxious weeds. There may be tamarisk and or
Russian -olive in the area along the banks of the Colorado River.
B. Weed management -The. applicant shall provide a weed management plan
for the inventoried noxious weeds.
C. Open Space weed management -Please provide a weed management plan
that details whom the responsible party will be for future weed
management in common open space areas.
13. The Applicant shall re -grade the last portion (30 linear feet) of the main internal
driveway to where it meets the entrance / exit point out of Rock Gardens to a
maximum grade of 6 percent as shown in the proposed re -grading plan. The
Applicant shall also contact the Colorado Department of Transportation (CDOT) in
order to determine if additional signage / road markings could be installed where the
bike path crosses the entrance to Rock Gardens. Acceptable improvements shall be
borne by the Applicant.
14. The maximum length of stay for guests at Rock Gardens shall be limited to no more
than 120 days per year.
Dated this 17th day of August , A.D. 2004.
ATTEST:
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARFI. 1 COU TY,
COL
Clrkaof the
);i;
111111111111/20/20 11I11111311111111111111111111 IR 11111111
658362 0804 11:37A B1615 13527 111 5 of 16 R 0.00 D 0.00 GARFIELD COUNTY co
Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin
Larry McCown
Tresi Houpt
, Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
1, , County Clerk and ex -officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2004
County Clerk and ex -officio Clerk of the Board of County Commissioners
1 1111 11 111111111111111111111111111111111111111111111111
658362 08/20/2004 11:37R 01615 P528 M RLSDORF
6 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO
"EXHIBIT B"
ROCK GARDENS PLANNED UNIT DEVELOPMENT
ZONE REGUATIONS
Revised July 14, 2004
1.00 Regulating Authority
The provisions of these regulations shall prevail and govern the development of Rock Gardens
PUD provided; however, where the provisions of the Rock Garden PUD Zone Regulations do
not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield
County shall prevail. Definitions established herein shall take precedence over definitions
established by the Zoning Regulation of Garfield County, adopted January 2, 1979 and as
amended, wherever these regulations are applicable to the Rock Gardens PUB.
2.00 Definitions
2.01 Park Trailers: Sometimes referred to as Park Models, are recreational vehicles
built on a single chassis, mounted on wheels with a gross trailer area not
exceeding 400 square feet when set up. Each is certified by its manufacturer as
complying with ANSI 119.5, a nationally recognized safety standard for Park
Trailers that is mandated and enforced by the State of Colorado. Park Trailers are
typically sited in Recreational Vehicle Parks for extended terms, typically several
years.
2.02 Camping Cabin: An enclosed structure, sited on a temporary foundation, with no
water or sewer services and containing not more than150 square feet of enclosed
gross floor area. A cabin typically provides sleeping berths for two to four
people. Electric service is typically provided.
3.00 Zone Districts
3.01 Camper Park & Commercial Recreation District
3.01.01 Uses, by right:
Camper Park accommodating sites for tent camping, recreational vehicles, park
trailers, camping cabins and administration and service buildings normally
accessory to a camper park., when compliant with the requirements of Section
5.00 the Rock Gardens PUD Zone Regulations,
Mobile Home Park, when compliant with the requirements of Section 5.00 the
Rock Gardens PUD Zone Regulations.
1
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658362 08/20/2004 11:37A 31615 P529 11 RLSDORF
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Rooming House or Dormitory type residential accommodations exclusively for
persons employed at the Rock Gardens up to a maximum of 16 persons within a
building also occupied by another Use By Right of this PUD, or within a mobile
home or recreational vehicle.
Residential dwelling contained within a building also occupied by another Use By
Right of this PUD. A maximum of two such dwellings shall be allowed.
Sales, administration and operation of outdoor adventure tours including
equipment outfitting, guide services, jeep tours, river excursions and the lease of
rafts, kayaks, canoes, dory style river boats and other watercraft, bicycles and
similar peddle -powered vehicles, backpacking and camping gear and rock
climbing equipment. Indoor recreation services including video arcades games.
Retail sales of snack foods and beverages, convenience iteins, fishing tackle,
photographic supplies, travel memorabilia and gifts, primarily for guest and
clients of the on-site operations.
Photographic service associated with the on-site outdoor adventure tours
operations.
Community building / meeting hall with kitchen.
Snack and sandwich bar with a maximum seating capacity of twenty chairs.
Beer and wine service at the community building and the snack and sandwich bar.
Sewage treatment facilities; wells, water storage and water treatment facilities for
domestic and irrigation purposes, all exclusively providing service to uses within
the Rock Gardens PUD and to surrounding properties, as may be approved by the
Colorado Department Health.
3.01.02 Uses, conditional: NONE
3.01.03 Uses, special: NONE
3.01.04 Minimum Lot Area: One acre
3,01.05 Maximum Lot Coverage: Thirty-five percent (35%).
3.01.06 Minimum Setback:
Public Street Right -of -Way: Buildings, Recreational Vehicle parking
spaces and Tent Camp Sites 25 feet
Other PUD Boundaries:
Buildings & Recreational Vehicle parking spaces
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15 feet
(3) Tent Camp Sites 5 feet
3.01.07 Maximum Height of Buildings: Twenty-five (25) feet.
3.01.08 Maximum Floor Area Ratio: NONE
3.01.09 Parking Requirements:
(1) Each camp site in addition to the area provided for a recreational vehicle
or tent: One (1) parking space
(2) Each Park Trailer and Camping Cabin: One (I) parking space
(3) Retail sales: One (1) parking space per 500 square
feet of retail sales floor area.
(4) Recreational Services: One parking space for every five (5) persons
of the projected capacity of the recreation service.
(5) Mobile Home: Two (2) parking spaces
(6) Attached Single Family Dwelling: Two (2) parking spaces
(7) Employee Donnitory Lodging: One (1) parking space per every two
(2) beds.
(8) General Criteria:
i. Each parking space shall be a minimum of 9'x 19' of' graveled
surface.
i. Parking spaces shall be located within one hundred and fifty feet of
a recreational vehicle or tent camper space, park trailer or camping
cabin that it is intended to serve.
4.01 Open Space District
4.01.01 Uses, by right:
Open Space, Ropes challenge course, primitive trails.
4.01.02 Uses. conditional: NONE
4.01.03 Uses, special: NONE
4.01.04 Minimum Lot Area: One Acre
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5.00 Mobile Home Park and Camper Park Regulations
5.01 Site Requirements Applicable Only to New Mobile Home Facilities:
(I) Minimum Space Size: Each mobile home space shall contain at least thirty-six hundred
(3,600) square feet of areaexclusive of access driveways.
(2) Maximum Space Coverage: The inhabitable floor area of the mobile home shall cover no
more than thirty-five percent (35%) of the space upon which it is located. Appurtenant enclosed
structures and covered porches shall cover no more than fifteen (15) percent of the mobile home •
space.
(3) Minimum Separation of Mobile Homes: The minimum space between any two mobile homes
shall be 20 feet. The Minimum separation between appurtenant structures and mobile homes on
adjacent spaces shall be twelve (12) feet. There is no minimum separation between appurtenant
structures.
(4) The area of placement for the mobile home shall be graded for drainage and the mobile home
supported in a manor to prevent shifting or settling of the mobile home.
(5) Each mobile home space shall provide two (2), 9'x 19' graveled or paved parking spaces.
(6) Driveways: The minimum unobstructed width of internal access driveways shall be twenty-
four (24) feet, providing no parking is permitted thereon.
5.02 Site Requirements Applicable Only to New Camper Space Facilities:
(1) Setbacks: All recreational vehicle parking spaces shall observe the minimum setbacks
established by the Rock Gardens PUD Zone Regulations.
(2) Tent Camper Spaces: The minimum on -center distance between tent sites shall be twenty
(20) feet. Each space shall contain a well -drained, reasonably level tent site. Each space shall be
provided a graveled parking space within approximately 150 feet of the tent site. Parking for a
group tent camping site may be located at a greater distance.
(3) Recreational Vehicle Spaces: The minimum on -center distance between recreational vehicles
parking spaces shall be twenty-five (25) feet, Each graveled or paved recreational parking space
shall be a minimum width of twelve (12) feet and a minimum length of twenty-four (24) feet. In
addition to the RV parking space, one 9'x19' parking space will be provided within 150 feet of
each RV space. This parking space may be located at end of or adjacent to the RV parking
space.
(4) Driveways: The minimum unobstructed width of access driveways shall be fifteen feet (15)
feet for one-way traffic or twenty-two (22) feet for two-way traffic with a two foot gravel
shoulder, providing no parking is permitted thereon. Driveways may be of gravel surface.
(5) All permanent building foundations shall be designed based on a site—specific geotechnical
study
5.03 Water Supply and Distribution. General Requirements:
(1) The physical and legal supply of domestic water shall be consistent with the Rock Gardens
PUD as approved by Garfield County and shall be in compliance with the drinking water
standards of the Colorado Department of Health
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(2) The water supply, treatment, storage and distribution systems shall be designed by a
professional engineer licensed by the State of Colorado and which designs shall be in accordance
with applicable regulations of the Colorado Department of Health.
(3) All recreational vehicle parking spaces shall be provided with a domestic water service
connection.
(4) A water service station shall be provided within one hundred and fifty (150) feet of each tent
camping site.
5.04 Fire Protection. General Requirements:
(1) 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 tenants about means for summoning fire
apparatus, sheriff's department and park employees. No open fires shall be left unattended at any
time.
(2) One (I) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for
flammable liquid or electrical fires (Class 13 and Class C) shall be located in an open station
within approximately hundred (100) feet of any tent site and recreational vehicle parking space.
(3) Any new domestic water distribution system construction shall have fire hydrants located as
approved by the Glenwood Springs Fire Department.
(4) Fire suppression sprinkler systems meeting NFPA 13, 1999 in the new community building,
additions to the office and residence complex and the expanded storage/maintenance shop. At
the time of expansion, the existing portions of these structures shall be retrofitted with fire
suppression sprinklers .
(5) All buildings with fire suppression sprinkler systems shall also be equipped with an alarm
system designed to NFPA 71, 1999 standards an monitored by a UL listed central station.
5.05 Sewage Disposal: General Requirements:
(1) The sewage collection system and sewage treatment facility shall be designed by a
professional engineer licensed in the State of Colorado. These systems shall meet all applicable
requirements of the Colorado Depathuent of' Health and shall be consistent with the sewage
collection and treatment system conceptually defined by the Rock Gardens PUD.
(2) Sink Wastes: No liquid wastes from sinks shall be allowed to accumulate on the ground
surface. Gravel dry wells may be provided for the disposal of liquid sink wastes in the area of
the tent camping sites.
5.06 Electrical Distribution and Exterior Lighting:.
(1) The electrical distribution system, consisting of wiring, fixtures, equipment and
appurtenances thereto which shall be installed and maintained in accordance with the USA
Standard "National Electrical Code, 1971" and all subsequent amendments thereto. All plans for
the above services shall have the approval of the responsible utility prior to county approval of
park plans.
(2) All exterior lights shall be recessed or full cut-off fixtures that eliminate or substantially
reduce direct view of the light source. Continuous and regular use of exterior flood lighting is
prohibited. Security/safety lighting, with or without motion detectors shall be allowed when
directed inward on the property.
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5.07 Service Facilities. General Requirements: Service facilities shall be provided at Iocations
specified on the Rock Gardens PUL) Site Plan.
(1) All portions of the structure shall be properly protected from damage by ordinary uses and by
decay, corrosion, termites and other destructive elements. Exterior portions shall be of such
materials and be so constructed and protected as to prevent entrance or penetration of moisture
and weather;
(2) All rooms containing sanitary or laundry facilities shall have sound -resistant walls extending
to the ceiling between male and female sanitary facilities. Walls and partitions around showers,
bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent
waterproof material or covered with moisture resistant material;
(3) Each room containing sanitary or laundry facilities shall have at least one (I) window or
skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each
room shall be not less than ten percent (10%)'of the floor area served by them. Each room shall
have at least one (I) window which can be easily opened, or a mechanical device which will
adequately ventilate the room;
(4) Toilets shall be located in separate compartments.. Shower stalls shall be of the individual
type. The rooms shall be screened to prevent direct view of the interior when the exterior doors
are open;
(5) Illumination levels shall be maintained as follows:
(i) general seeing tasks - five (5) footcandles;
(ii) laundry room work area - forty (40) footcandles;
(iii) toilet room in front of mirrors - forty (40) footcandles;
(6) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry
fixture, and cbld water shall be furnished to every closet and urinal.
5.08 Campfire and Fire Pits:
(1) No fire pits are allowed in the Phase I and Phase II areas except for one common use fire pit
at each of the following Iocations:
i. In lawn area immediately south of the main office building
ii. In the central areas of the tent camp sites
iii. In the generalarea of the Camper Cabins.
(2) Existing fire pits may remain at campsites on the lower river terrace.
(3) Charcoal or gas BBO grills are allowed at individual camper sites.
5.09 Supervision; General Requirements:
(I) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its
facilities and equipment in a clean, orderly and sanitary condition;
(2) The owner shall be answerable for the violation of any provision of this Zone Regulation and
other applicable County and State regulations. Copies of Regulations shall be made available to
the park residents by the park manager or owner;
(3) Refuse Handling: The storage, collection and disposal of refuse in mobile home parks and
camper parks shall be so arranged as to create no health hazards, rodent harborage, insect
breeding areas, accident or fire hazards, or air pollution. All Refuse containers shall be bear
proof. All refuse shall be disposed of at either a municipal or County designated landfill site;
6
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(4) Pest Control: Grounds, buildings and structures shall be maintained free of insect and rodent
harborage and infestation. Extermination methods and other measures to control insects and
rodents shall conform to the requirements of the County Environmental Health Officer and the
Colorado State Department of Health;
(5) Pet Control: no owner or person in charge of any dog, cat or other pet animal shall permit it
to run at large or commit any nuisance within the limits of any mobile home or camper park. All
dogs shall be kept on leash.
(6) The owners shall control County listed noxious weeds.
(7) A "No Trespassing" sign with a minimum dimension of 24"x 18" shall be placed
immediately above the normal high-water line on the north bank of the Colorado River at the
west boundary of the Rock Gardens property. "No Trespassing" signs with a minimum
dimension of 8"x 10" shall be placed at 50 foot intervals in the west property fence.
(8) All camper park guests shall, upon registration, be provided with rules to be observed by
camper park guests. Said rules shall included but are not limited to guidelines for noise, quiet
hours, refuse handling, interaction with wildlife, use of BBQ grills, restrictions on campfires,
guidelines for being good neighbors when walking in the neighborhoods outside of the Rock
Gardens site and strict warnings about no trespassing on properties down river from the Rock
Gardens property.
(9) Weed Management: The owner shall be responsible for maintaining an ongoing weed
management program as discussed in the VEGETATION REPORT prepared by Beattie Wildlife
Consultant, Inc. and dated June 2004.
5.10 Length of Stay in Camper Park: Occupancy in a Rock Gardens camper park space by any
individual shall be limited to no more than one hundred twenty (120) days per year. The Length
of Stay limitation does not apply to Rock Gardens employee housing or to mobile homes.
7
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656362 08/20/2004 11:31N 01615 P535 M RLSDORF
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