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Home My WebLink About4.0 Director's Decision AppealLOYAL E. LEAVENWORTH SANDER N. KARP JAMES S. NEU KARL J. HANLON MICHAEL J. SAWYER JAMES F. FOSNAUGHT LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW EST. 1980 201 14f11 STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 mjs(i 1k1awfmn.com October 30, 2009 John Martin, Chairman Garfield County Board of County Commissioners 108 Eight Street Glenwood Springs, CO 81601 Re: Appeal of Director Decision Rock Gardens PUD Amendment Garfield County File Number PDAA6141 Dear Mr. Martin, Ms. Houpt and Mr. Samson: ASSOCIATES: ANNA S. ITENBERG CASSIA R. FURMAN JENNIFER M. SMITFI T. DAMIEN ZUMBRENNEN JEFFREY J. CONKLIN We represent Kevin Schneider and Kathleen Schneider, authorized agents for Rock Gardens Mobile Horne Park & Campground, LLC, which entity owns certain real property in Garfield County known as the Rock Gardens PUD situated in Glenwood Canyon. On October 6, 2009, Land Design Partnership, the planning firm engaged by Rock Gardens, submitted an application for an Administrative PUD Text Amendment for the Rock Gardens PUD. A copy of the application is attached as Exhibit A. The application proposed the administrative approval of a minor text amendment, a process enacted in the new Garfield County Land Use Resolution (the "LUR"). The purpose of the new provision is to promote the efficient administration of government by authorizing staff to approve minor changes in approved PUD zoning regulations. Such a revision is exactly what our client is requesting. Unfortunately, the Director of Planning and Zoning issued a decision on October 23,2009 that denied administrative review of the proposal. A copy of Mr. Jarman's letter is attached as Exhibit B. The effect of the Director's Decision is that the applicant must undergo an onerous process for rezoning, including hearings before the Planning Commission and Board of County Commissioners, to obtain approval to add a single use in the Commercial Recreation district which use was already approved in the Open Space district of the PUD. Rock Gardens merely seeks to adjust the location of the ropes course in both the Open Space District (already approved) and the Camper Park and Commercial Recreation District. Since we find this decision to contravene the County's own land use regulations, we are requesting a reconsideration of the Director Decision pursuant to Section 6- 201(G)(4) of the LUR. 1r(1li1th R..( (onI,ii LEAVENWORTH & KARP, P.C. Page 2 Pursuant to PUD Zone Regulations for Rock Gardens recorded as Reception No. 658362 in the Office of the Garfield County Clerk and Recorder, a copy of which regulations are attached as Exhibit C, the Rock Gardens PUD is separated into two zone districts: a Camper Park and Commercial Recreation District located on the Interstate 70 side of the Colorado River, and an Open Space District located immediately across the river. Section 3.01.01 of the PUD Regulations states that the Rock Gardens commercial district is approved for the sales, administration, and operation of outdoor adventure tours including equipment outfitting, guide services, jeep tours, and river excursions, lease of equipment for these activities, retail sales for guests and clients, and a camper and mobile home park, among other uses. Its proximity to the interstate makes the commercial zone district the appropriate location for `adventure retail' operations being developed by Rock Gardens. The Open Space district across the Colorado River is approved only for the ropes course, open space, and primitive trails. As stated in the letter from Land Design Partnership, not including a ropes course as a use by right in the commercial zone district in the original PUD application was an oversight, as it is compatible with and will increase the quality of the other commercial uses. In seeking administrative approval for a simple PUD text amendment to include the ropes course use in the commercial district, Rock Gardens is merely seeking to reconfigure an already approved land use onto property approved for commercial and recreational purposes. The reasons given by the Planning Director to deny administrative review of the application are both unfounded by evidence and contrary to the terms of the LUR. The Director Decision cites to the definition of "substantial change" to an existing land use approval at Article XVI of the LUR, stating that approving a ropes course in the commercial zone district will equate to "an increase in the incompatibility of a use" and a "change in land use category." Besides stating this opinion, the Director provides no other basis for the decision. We submit that including a ropes course on the commercially -zoned side of the river does not in fact represent a change in land use category or an increase in incompatibility of a use. First, the ropes course is already approved as a use by right in the open space district. Rock Gardens could unilaterally develop this use on the other side of the river without further County approval. For convenience and to improve the quality of operation, Rock Gardens wishes to develop some elements of the ropes course on the commercial side of the river; no new use for the Rock Gardens PUD is contemplated by the text amendment. Operating a portion of the ropes course in the commercial zone district will create no new impacts to the property other than those already considered in approving the PUD. It is important to note that the portion of the property intended to remain in a relatively undeveloped state, the open space district, will not be further impacted. Second, approving the text amendment will not increase incompatibility of uses. Again, a ropes course is already approved in the open space district. The other zone district is approved for commercial and recreational uses, i.e., the same type of uses as the ropes course. Finally, the Director's opinion— that the Rock Garden text amendment request constitutes a substantial change in land use necessitating the full review process for a PUD Rezoning— is in express contradiction of the intent of the LUR, which contemplates minor administrative review of minor I:Cheeats ko&l O d !]' eite. II(HC-Dine LEAVENWORTH & KARP, P.C. Page 3 changes to zoning text. If this is not a case where staff review of a minor text amendment is appropriate, then under what circumstances may such a review occur? Given the Rock Gardens precedent, it would be difficult to contemplate a text amendment minor enough for staff review. The Director's approach would effectively require any proposed text amendment to go through the entire PUD rezoning process, a result which effectively negates the purpose of the newly enacted administrative review process. For the foregoing reasons, we request that the Garfield County Board of County Commissioners reverse the Director's decision that the Rock Gardens PUD Text Amendment application constitutes a substantial change in the PUD Regulations so as to require a review pursuant to the County's Rezoning process at Section 4-201 of the LUR. The Director should properly review and process the application as an administrative text amendment under the code. We request that the Board of Commissioners set a public hearing on this appeal within forty-five (45) days, as provided in Section 4-104.B.1. of the LUR. Very truly yours, LEAVENWORTH & KARP, P.C. Michael J. Sawyer Enclosure cc: Rock Gardens Ron Liston 1:'Clienis\Rock GardenstLcners`•DIX'C-Director Appeal..pd LAND DESIGN PARTNERSHIP 918 Cooper Avenue, Glenwood Springs, CO 81601 970-945-2246 / Fax 970-945-4066 / Cell 970-379-7638 E-mail: ron(a)landdesignpartnership.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: 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 retum 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. EXHIBIT 1a 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 R g z g ZONING CP -CR, CAMPER PARK AND COMMERCIAL RECREATION DISTRICT 12.89 ACRES OS: OPEN SPACE 30.17 ACRES TOTAL SITE AREA 43.06 ACRES m 0 O GRAPHIC SCALE ( IN nen ) 1 Inch B0 1!. 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(0 d 6ulpuel 0 wiopeld 110-0)1el -----6--Ise3 o11saM JOAI ianp UOVVAel3 991ew993 1e0 alaep 6.9999c9 1saM 011583 wiopeld 6u puel 0 v =41E1(1140 -MI uopenal3 pea Bulpling plunwwo River Trail S21 SO SAO O SSO O 50 100 150 200 2.0 300 FT Colorado Department of Transportation No Name Rest Area SS Sc9 ?O O S88`1 7'00"E „I", �'�� Landing Platf. • r �� Ily �� +' 1 2 / // 4.07 r1�_ / 11 foot oa / Open 0. �� Ropes Canyon Resort Pro•ert Line Colorado River ThreeA t to 35 wes East - °A 6erytieen nchor poles ____ po\rpoles 10 foot •. ox. 3°/g // - /1 -- 20.00' Access Road Approach Easement / �__ — � — / l Cabl. Space Zone Distric , / Ca / Term n .I A� �� Course Confi• / r ti• i / at R k e aide s F' i / / I // / 1 I ( 10/2/09 I. tfoorrm Shed / l �� // / / orm /I/\.. / r' limbing Wall I o° _opes CoUrse ei / c � h "% �, 50.00' V Utility Pole �D�/ D /i4".9`� / Ct l l i / ® �/ l / % .1,4 / V _^ / / Landing 2 0. a PI: / j /)/ �� 0 � PropoCom df�r.0.111.0 V• -• . . _ , �� Swing Structur- Cable Dr c-..,ii, Preliminary Glen ood Car Ter ^_' .' �-� Camper Pa Comme ', ecreation Zone District" , rine Preliminary Ropes Course Drawing Number Rock Gardens PUD Drawn ByDale RBL 110-2.09 CAD File Name PUD Planv2008.vwx BUILDING & PLANNING DEPARTMENT October 23, 2009 Ron Liston Land Design Partnership 918 Cooper Avenue Glenwood Springs, CO 81601 ron(illanddesignpartnership.com DIRECTOR DECISION Rock Gardens PUD Amendment Garfield County File Number PDAA6141 Dear Mr. Liston, This letter is provided to you as the authorized representative for the owner / applicants of the proposed amendment for Rock Gardens PUD. The request for amendment to the PUD is the addition of 'Ropes Challenge Course' in the Camper Park and Commercial Recreation District as a Use -By -Right. This use is permitted by -right in the adjacent Open Space District. Having reviewed the original PUD documents it is hereby determined that the request constitutes a Substantial Change as defined by the Unified Land Use Resolution of 2008, as amended. Specifically, this Decision is made due to the zip Zine (a component of the Ropes Challenge Course) crossing the Colorado River (and the two zone districts) which is both an increase in the incompatibility of the use and a change in land use category. The Ropes Challenge Course was not included In, nor contemplated to occur within the Camper Park and Commercial Recreation District of the PUD, therefore an application consistent with rezoning standards is required. The Planning Commission shall tender a recommendation in a public hearing and the Board of County Commissioners shall make a decision on the rezoning application after having held a public hearing on the issue. The applicant may request a reconsideration decision by filing a written request within 10 calendar days of receipt of the Director's Decision. The Director will then schedule a noticed public hearing in which the Board of County Commissioners may uphold, modify or reverse the Director Decision. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 EXHIBIT 1 g Please contact me if you have any questions regarding this Decision, the rezoning process, or the reconsideration process before the Board of County Commissioners. Sincerely, Fred A. Jarman, Al Director of Building and Planning CC: Board of County Commissioners Deb Quinn, Assistant County Attorney File MOM 1E11 Mill Bill 11111111111111111111111n1 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'" day of July, 2004, there were present: John Martin Larry McCown Tresi Houpt 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 tours, 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 ‘Alt EXHIBIT I 0 1111111111111111111 111 1111111 1011 11111 10 1111111111111 658362 08/20/2004 11:37A B1615 P524 11 RLSDORF 2 of 16 R 0.00 D 0.00 GRRFIELD 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 Planning 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 12th day of July, 2004; and WHEREAS, the Board of County Commissioners closed the public hearing on the 12th 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 8" attached hereto) with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in 1111111111111111111111111111111111111111111111111111111 658362 08/20/2004 11:37A 81515 P525 M RLSOORF 3 of 16 R 0.00 0 0.00 GRRFIELD 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 I improvements. The second new hydrant shall be installed near the new community building as part of Phase II as the water line main is extended to serve the improvements in Phase II. In addition, the Applicant shall install a "Dry Hydrant" near the Colorado River on the lower bench of the property as part of Phase II 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 concems 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 I. 11. The Applicant shall complete the community water system in two phases with Phase I 111111111111111111 111 1111111 MI HEM 11111 HUB 688362 08/20/2004 11:37A 81616 P526 M RLSDORF 4 of 16 R 0.00 0 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 internal road turns east. Phase 1I 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, GARFICOU TY, COLIC f Oar Cl kN'ofthe j l .?%�� 111111 11111 1111111 111 111111 11111 1101 11111111 1111 1111 858362 04 11:37A 81615 P527 71 AMORE5 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 Trdsi Houpt , Aye , Aye , Aye STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied 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 1111111111111111111 III 1111111 11111 11111III 11111 1111 1111 658362 08/20/2004 11:378 21615 P528 11 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 govem 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 thanl 50 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 11111111111 1111111 III 1111111 11(11 11111 III 11111 IIII IIII 658362 08/20/2004 11:37A 61615 P529 11 ALSDORF 7 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO 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. 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: 3.01.03 Uses, special: 3.01.04 Minimum Lot Area: 3.01.05 Maximum Lot Coverage: 3.01.06 Minimum Setback: (1) Public Street Right -of -Way: Buildings, Recreational Vehicle parking spaces and Tent Camp Sites 25 feet (2) Other PUD Boundaries: Buildings & Recreational Vehicle parking spaces 2 NONE NONE One acre Thirty-five percent (35%). IIIM 11111111110 111111111111d 111111111111111111111 658362 08/20/2004 11:37A 61615 P530 N RLSDORF 8 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO 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: 4.01 4.01.01 (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. Open Space District 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 OM1111111111111111111111111111111 III 1111111111111 658382 08/20/2004 11:31A 81615 P531 M ALSDORF 9 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO 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 minirnum 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 weal-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 1 111111 11111 1111111 11 1111111 11111 11111111 Ill 1111 658352 08/20/2004 11:37A 61615 P532 11 RLSDORF 10 of 16 R 0 00 D 0 00 GRRFIELD COUNTY CO (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 (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, withor without motion detectors shall be allowed when directed inward on the property. 5 11111111111111111111111111111111111111111111111! 1111111 658362 08/20/2004 11:37R 61615 P533 M RLSDORF 11 of 16 R 0 00 0 0 00 GARFIELD COUNTY CO 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: (I) 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 theseneral area of the Camper Cabins. f 2) Existing fire pits may remain at campsites on the lower river terrace. (3) Charcoal or gas BBO mills 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 1111111111111111111111111111011111111111111111111! 656362 08/20/2004 11;37A 61615 P534 M ALSDORF 12 of 16 R 0 00 D 0 00 GRRFIELD COUNTY CO (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 1 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 S"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 i • 111216,1 GRAPHIC SCALE It .mt I/nib .ro it. mmt MI IMO [HOMO AY'MLT MOULD ASMI:.I PNVDSWIWA&ID t%fl MONO GRAM IMMO COMM) AOC DSITCT Lint j /// /7/ /I/ /Ili/f 1),/ 111111111111111111111111111111111111111 I I 1111 N 11111111 656362 08/20/2004 11:37A 81615 P535 M RLSDORF 13 of 16 R 0.00 D 0 00 GARFIELD COUNTY CO -- PROJEC 0909E zONING CP -CR: CAMPER PARK AND COMMERCIAL RECREATION DISTRICT 1289 ACRES OS: OPEN SPACE 30.17 ACRES TOTAL SITE AREA 43.06 ACRES • e DO 0 050 50 M ou Y.a EOM rt � ' 00099. PRO 111E11 11111 111110 111 111)1111111111111111111111011111 i /' / � • 658362 08/20/2004 11;378 B1615 P537 11 RLSDORF' 15 of 16 R 0.00 D 0 00 GRRFIELD COUNTY CO O m0mos 8 Ca» PIM CO.�c0 IEIC 8 — a9 NNW S IN H( =ma —a 0 N MI 4/1 A -I MINS +m 11111111 0 =Nm =CZ gym m▪ ej ID Ira 4 ('i - IDID Ui01M0 PROPERTY WIOMI 03$1101C 1111( PIT MOM SPICE POOL PIM AREA ROAMED CAIMI NFA NASI 1 IXLO4W1 • NMC S OMLWp! 100..111 M1O.'OILMI 2 _J \ RV UNITS # CAMPER CABINS GRAPHIC SCAL (alert) 1 Owl) . CO M1 # TENT CAS 18 0 0 PHASE 1 PHASE 2 XSST/NQ TO REMA TOTAL. 11 0 0 If 18 PROM:CO C.1100 Call (M.) (*CARLwx �ra5 WY TO CY➢II1W IAPOL) rs MOB CM. P111.01C01 v