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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.11.2006BOCC 09/11/06 MB PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit request for a "Resort" APPLICANT (OWNER): Todd, Kristine, Mike and Ruth Leahy LOCATION: Adjacent to Ski Sunlight off of Forest Service Road 300 SUBJECT SITE DATA: 2.0 acres ACCESS: Forest Service Road 300 EXISTING ZONING: A/R/RD SURROUNDING ZONING: A/R/RD and Public Lands (USFS) I. DESCRIPTION OF THE PROPOSAL The applicant is requesting approval of a special use permit for a Resort on the property. The application is to allow for the addition of another 2 bedroom/lbathroom cabin to the existing cabin of the same size. They will also add two garages, with one of them having a 500 sq. ft. studio caretaker above it. Access to the property is off of Forest Service Road 300, which is located above Ski Sunlight. Water will come from an existing well and sewage will be treated by ISDS. Each cabin will be rented out with a minimum of a two night stay and they anticipate an average of two cars per cabin accessing the property on a regular basis. II. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in Study Area 1 and classified as Low Density Residential (10 and greater "ac/du). The adjacent property (Ski Sunlight) is classified as Recreation. The Recreation / Open Space element of the Comprehensive Plan does provide policy guidance to the proposal as stated the following goal of Section 5.0: "Garfield County should provide adequate opportunities for County residents, ensure access to public lands consistent with BIM / USFS policies, and preserve existing recreational opportunities and important visual corridors." Staff finds the proposal provides a recreational opportunity for County residents as well as attracting new and returning visitors to the County, does not conflict with the policies of the neighboring US Forest Service regarding access to public lands, and is not located in nor interferes with any designated visual corridors. 1 III.APPLICABLE REGULATIONS IN THE ZONING RESOLUTION A Resort is a special use in the ARRD zone district which may be granted if the Board finds the request meets the following applicable definitions, criteria, and standards provided in the regulations. A. Definition of a Resort The Zoning Resolution defines a Resort as a "Dude ranch or guest ranch; hunting or fishing camp, cross-country or trail skiing lodge (any of which shall not exceed twelve (12) dwelling units or forty-eight (48) beds or visitor capacity), land used for the purpose of recreation, which provides lodging, recreational activities, dining facilities, commissary and other needs operated on the site for guests or members." Staff Finding Although it's not specifically noted, the proposed two cabins will serve much less than the maximum of 35 guests. As proposed, the application meets the criteria for a resort. General Special Use Permit Requirements (Section 5.03) I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Staff Finding The applicant has provided a copy of West Divide Water Contract No. FM020530TL, which provides augmentation for an existing well on the property. The contract provides 1.11acre feet of water for domestic and commercial purposes. The existing cabin on the property has an approved ISD system. The new cabin and caretaker unit will have to build another ISD system or modify the existing system to be approved by the County. The water rights associated with the property are more than adequate to meet the legal and physical needs of the proposed resort. The ISD systems do or will meet the State and County requirements for ISDS. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding As noted previously the property is accessed by Forest Service Road 300. The applicantion states that the number of vehicles accessing the site on a daily basis for the resort activities will average 4 vehicles. The amount of traffic accessing the site should not cause any significant impacts to the road system. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 2 Staff Finding The proposed resort is located on property that is bordered by US Forest Service and Ski Sunlight. Given that the property is surrounded by public lands and ski resort lands, staff does not see any need for screenning or landscaping to minimize the impact on adjacent properties. Regarding lighting, the applicant intends to serve the site with electricity. Any lighting shall be required to be directed downward and inward. This has been made a condition of approval. IV. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties at the hearing were heard at that meeting. 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. V. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners Approve the special use permit request for a resort on the property with the following conditions: 1) All representations of the applicant shall be considered conditions of approval, unless changed by the Board of County Commissioners at the hearing. 2) The maximum number of guests staying at the resort shall be 35. Any occupancy greater than 35 shall require a new land use permit. 3) Any lighting installed at the resort shall be directed downward and inward. 4) All construction shall comply with the 2003 IBC for all,building construction. 5) ,(?�u/s mid arm /7/ Qy i✓,Gi, rrDr 4 506.ssu,-)4X- 3 Exhibits for Public Hearing held on September 11, 2006. A Mail Return -Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended. D Garfield County Comprehensive Plan of 2000 E F G Project Inform ion and Staff Comments 41/0//O.k. Dry H I J K L M N 0 P Q R S T U V X Y Z AA BB CC DD EE FF