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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.14.2009December 14, 2009 Board of County Commissioners — Public Hearing Exhibits Rock Gardens PUD — Appeal of Director Determination Exhibit Letter (A to Z) Exhibit A Garfield County Unified Land Use Resolution of 2008, as amended B Garfield County Comprehensive Plan of 2000, as amended C Application — includes Resolution 2004-69 and Director Decision D Staff Memorandum E Staff Presentation F Letter, dated December 8, 2009, from Eric Mangeot Gr CP- Pctibl µcm ctytyvat H F=f,�� Cott,- A L -P L,vc14ed iihdflo 1 Board of County Commissioners — December 14, 2009 KE PROJECT INFORMATION AND STAFF COMMENTS REQUEST Appeal of a Director Determination PROPERTY OWNER REPRESENTATIVES LOCATION ACCESS EXISTING ZONING Rock Gardens Mobile Home Park and Campground - Kevin and Kathleen Schneider Ron Liston — Land Design Partnership and Michael Sawyer— Leavenworth & Karp, P.C. No Name —SE 1/4 Section 2, Township 6S, Range 89W County Road 129 Rock Gardens Planned Unit Development I. GENERAL PROJECT DESCRIPTION The Rock Gardens PUD was approved by the Board of County Commissioners in Resolution 2004-69 and the zoning restrictions for the site are contained within Exhibit B to that Resolution. This site is located in Glenwood Canyon at the No Name exit of Interstate 70. Adjacent uses to the site include 1-70 to the north, a Colorado Department of Transportation (CDOT) facility to the east, the No Name rest area to the east, and a residential community to the west. The area of Planned Unit Development occurs from the north side of the Colorado River, including the river and a portion on the south side of the river. The PUD area on the south side of the river is adjacent to the McKee! property. The PUD zoning for Rock Gardens is divided into two separate sub -zone 1 Board of County Commissioners — December 14, 2009 KE districts — "Camper Park and Commercial Recreation District" (CPCRD) and "Open Space District" (OSD) with the latter comprised of a majority of the Colorado River and the south side of the river. Camper Park and Commercial Recreation District This zone district includes allowance for camping, recreational vehicles and park trailers, and camping cabins, as well as administration and service buildings. Other permitted uses include retail sales (primarily to serve the users of the development with convenience items such as cameras, souvenirs and snack foods); sales, administration and operation of outdoor adventure tours...and indoor recreation services. Open Space District Permitted uses in this zone are limited to open space, Ropes Challenge Course, and primitive trails. :«.NC CP CR CAwen PAIR Ann CCM EFA,AI IF(T#A]9" rAsm T Vt AC €S QG PF€!Qt A4£._ 9AVAC(LS TOTAL OW APEM 4tM ALIS 2 Board of County Commissioners — December 14, 2009 KE Rock Gardens currently provides a variety of accommodations that range from tent camping to RV sites and cabins as shown in the adjacent photographs. . CAMPING SITES Recreational activities include rafting, kayaking, 'eep tours, bike rentals, fishing and cave tours. 3 The development is currently in design/building permit process to construct a multi-purpose building to serve the users. Activities would include a grill and a deck overlooking the river. The adjacent photo was taken from the future building location (looking west) with the photo below from the same location but facing south. The fenced area shown in the photo below contains the northern terminus Board of County Commissioners — December 14, 2009 KE of a "tram" that provides access to the McKeel property, adjacent owners on the south side of the river. The proposal requests allowance for Ropes Challenge Course, already a permitted use on the south side of the river, to be allowed to occur within the Camper Park Commercial Recreation District of the PUD. II. REVIEW STANDARDS & STAFF COMMENTS The Director review of this proposal, to allow Ropes Challenge Course to occur on the north side of the river, resulted in a Determination of Substantial Change. Exhibit ??? is the letter of determination that was provided to the applicant. The applicant is appealing the Determination of Substantial Change. 4 Board of County Commissioners — December 14, 2009 KE Definition of Substantial Change Substantial Change. A change to and existing approved land use resulting in one or more of the following. 1. A change in land use category. 2. A change in site design which increases a. the number of 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. 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 d. the size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. Director Determination The Director determined that the addition of "Ropes Challenge Course" in the Camper Park / Commercial Recreation District would be considered a Substantial Change due to the following: 1. The addition of would result in a change in land use category because Ropes Challenge course was specifically included as a permitted use in the Open Space District and it was not specifically included as a permitted use in the Camper Park / Commercial Recreation District. The Applicant argues that Ropes Challenge Course is 'commercial recreation' but they seek to add that specific use to the Camper Park / Commercial Recreation District. 2. The addition of Ropes Challenge Course to Camper Park / Commercial Recreation District would result in a change in land use which creates or increases the incompatibility of the use. 5 To: Garfield County Commissioners From: Eric F. Mangeot 1270 County Road 129 Glenwood Springs, CO 81601 Date: December 8, 2009 Re: Rock Gardens PUD Amendment - Reconsideration of Director Decision The purpose of this letter is to outline my concerns regarding the Rock Gardens PUD Amendment and the Reconsideration of Director Decision to allow a "Ropes Challenge Course" as a Use by Right in the Camper Park and Commercial Recreation District. I found out about the PUD amendment from a neighbor who was publicly notified by the Applicant. After meeting with the Planning and Zoning Staff last Friday I am still uncertain as to the overall affect of the PUD amendment as it relates to my property. I understand that the Applicant's plan is to utilize a Ropes Challenge Course near the proposed community facility (facility). However, granting a Use By Right may allow expansion of the Ropes Challenge Course anywhere within the PUD which may have a future noise and visual impact. I would request that any approval of the PUD amendment limit the Ropes Challenge Course within some set distance from the facility. I also wanted to express additional concerns regarding the Rock Gardens PUD and compliance with the conditions outlined in Resolution No. 2004-69. Specifically, I have heard rumors that plans for the facility will include a bar and restaurant. This rumor was substantiated by the Applicant in a June 24th, 2007 article in the Glenwood Post Independent. Exhibit "B" of the Resolution allow for a meeting hall with kitchen and a snack and sandwich bar with a maximum seating capacity of twenty chairs. As far as I can tell, none of the Applicant's original PUD materials included a restaurant. The Resolution allows for beer and wine service at the facility and snack bar, but does not include a restaurant as a Use By Right. I wrote a formal protest with regards to this issue on August 6, 2007 to the Garfield County Building and Planning Department which included 23 signatures from the residents of No Name. 1 have reattached these signatures for your consideration and use. Also of concern is the lack of proper landscaping and fencing between Rock Gardens and the properties to the west. This also includes proper "No Trespassing" signs with regards to their dimensions and spacing interval along the "west property fence" as required in Exhibit "B" of the resolution. I had met with the Applicant with regards discuss to a landscaping -fencing system in 2004. Over the last 5 years I have been disappointed by the lack of fencing and landscaping to address this issue. The "No Trespassing" signs are too small and are spaced greater than the 50 foot minimum requirement. Garfield County Commissioners Rock Gardens PUD Amendment Reconsideration of Director Decision December 8, 2009 Page 2 While I understand that these matters are not related to the PUD Amendment for the Ropes Challenge Course, I would welcome the Applicant to respond for the public record to address these concerns as there are several hundred residents of Garfield County who live in the No Name area which are impacted by the Rock Gardens PUD. Thanks you for your time with regards to this matter. Sincerely, Eric F. Mangeot Resolution No. 2004-69 and the Rock Gardens P.U.D. plan do not allow for the 2,500 square foot facility and restaurant. The resolution and P.U.D. specifically limits the facility to a small food service grill with a maximum seating capacity of 20 chairs. We, the following, hereby oppose the construction of the "No Name Grill" as mentioned and described in the Post Independent newspaper on June 24, 2007. &RIC. 1J I,Arl6, r Name ;a -b c«J go.0 01% Address d4„, Name Oot,o Address c (elt000 CeH to ,nV ,i4 A2 Addres 3 Na /l%mwe ,l. R - Address Sign. / Signature �"� /� ,�I � / �4iI?oriY rfi x. !' Pi1�J (� ' 1 2OMIIWS �i I p �I i in.. Tame Name /4 ° 9 anti Address tsw/%i01I cwt Address Signature Resolution No. 2004-69 and the Rock Gardens P.U.D. plan do not allow for the 2,500 square foot facility and restaurant. The resolution and P.U.D. specifically limits the facility to a small food service grill with a maximum seating capacity of 20 chairs. We, the following, hereby oppose the construction of the "No Name Grill" as mentioned and described in the Post Independent newspaper on June 24, 2007. Jarletbunte/b�I Name 076- e1aq Address m/dp, /4 /fl/a-A- Name 4/31 mrc#t J Address Signature Signature Address Address w 42_0 Signature Soh Name 5 18 7 E4 tp 9 !0_4 Address Signature Resolution No. 2004-69 and the Rock Gardens P.U.D. plan do not allow for the 2,500 square foot facility and restaurant. The resolution and P.U.D. specifically limits the facility to a small food service grill with a maximum seating capacity of 20 chairs. We, the following, hereby oppose the construction of the "No Name Grill" as mentioned and described in the Post Independent newspaper on June 24, 2007. Dasa Ca(ebe Ctl Name Name 1g7 (-1--w 1 4- aq pv y g Gthwd L Addr s Address Signa brx Signature ellDMk-db Nam(Jje T/ �C< lel I4 /-26d NO AM m6 ess Address b d6 Signature C-.65 , f5c,A1 Name Name At (P ill t ddre 01,00 APArtE Address Signature Resolution No. 2004-69 and the Rock Gardens P.U.D. plan do not allow for the 2,500 square foot facility and restaurant. The resolution and P.U.D. specifically limits the facility to a small food service grill with a maximum seating capacity of 20 chairs. We, the following, hereby oppose the construction of the "No Name Grill" as mentioned and described in the Post Independent newspaper on June 24, 2007. axe t,Colic &u"k- Name Name /c Yc /2-i 1.276) no & mit ei Address Address Signature Sha.- Lay Matb3P-6-1- Name ,2-7o IUa 1Var".2 Signature Name Address Address Signature Name Name 276 ,Uamc.. / Address Address Signature 12/14/2009 11:38 FAX 9709452413 Dear County Commissioners, GLENWOOD CANYON RESORT Cly =as GRAND AVE. GLENWOOD SPRINGS, CO 81601 970/94540W fa 970/94546144 a EXHIBIT I wish to express my support and that of my company for the proposed zip line and ropes challenge course at Glenwood Canyon Resort I am aware the proposed project includes zip lines over the Colorado River and I am very familiar with the location of these proposed lines and ropes course. At no point do I feel this project will impact the fishing experience or aesthetics through this portion of the canyon. I further support this project be Anse I recognize it's important for the health of our local economy to focus on investments within the tourism sector.