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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.08.2003Exhibits i::Etld.Bifr11r ii 'ii:. ilil i:iii.iiiii:ifi..: r..:. lr:. r. r: A Mail Receipts B Proof of Publication C Garfi eld County Zonins. Resulations D Garfield County Comorehensive Plan of 2000 E Aoplication F Staff Memorandum G Email from the Division of Water Resources dated 914103 to the B&P Department H Email from the County Buildine Official dated 914103 Exhibit..Ue.tter:..l .ffr.;.ffit,;fr 1;11l,,,.,,.,..1.;1,;;;;. REOUEST: APPLICANT: LOCATION: SITE DATA: ACCESS: WATER: SEWER: EXISTING ZONING: BOCC 09/08/03 FJ PROJECT INFORMATION AND STAFF COMMENTS 1) Special Use Permit request for "Camper Park"; and 2) Plat Amendment for the Amended Plat of Lot 1 of the Sunlight Inn Exemption and Lot 2R of the Amended Sunlight Inn Exemption No. 2. Sunlight Mountain Properties, LLC (Pierre and Gretchen Dubois) The Sunlight Mountain Inn at 10252 County Road 117 1.8 acres (more or less) CR 117 "Ranch Well?'(permit # 47872-F) & "Main Well" (permit # 47865-F) with an approved and activated West Divide Augmentation contract #FM0306 1 2SMP(a) Sunlight Central Wastewater Facility Commercial Limited (C/L) I. SUMMARY OF PROPOSAL The Applicant requests a Special Use Permit (SUP) for a "Camper Park" in order to place four cabins (approximately 400 sq. ft. each) on their property to expand the guest lodging capacity of the Sunlight Mountain Inn. (A typical cabin is shown in the photo above.) In addition, the Applicant requests approval from the Board for a Plat Amendment of the subject property and the adjoining property described as the Amended Lot 2R of the Sunlight Inn Exemption No. 2. The Plat Amendment is requested to reflect a subtle relocation of the property line separating the two properties that runs along 1 the centerline of Four fvfile fk. This is an adjustment of app.o*i*{3,600 sq. ft. as shown on the plat which would result in mFving the boundary line to be consistent with the center line of Four Mile Creek. II. BACKGROUND As a matter of background, the Applicant approached the County in the fall of 2002 requesting the ability to place several "cabins" manufactured by Stewart Lodge Cabins and Camp Buildings at the Sunlight Mountain Inn property to not only add visitor capacity but also offer an altemative visitor accommodations experience. Staff determined the cabins could not be placed on the property because they did not qualif,z with the requirements of the zoning and building code which require inhabited buildings to be at least 20 x 20 feet square; the Stewart Cabins are much smaller than this dimensional requirement and do not meet any of the construction standards used by the County. After further review and additional research, Staff determined these cabins are actually Recreational Vehicles (RV) (they have wheels and are intended to the pulled) and are built under the American National Standards Institute (ANSI) Code 1 19.5 which makes them personal properly that theoretically can be moved around on public roads with a motor vehicle license plate. The ZoningResolution does not use the term RV, but a "Camper Vehicle" is the equivalent and is defined as follows: Camper Vehicle or Trailer: Any vehicle or portable structure designed to be transported on, or towed behind, a vehicle and designed to permit temporary occupancy as living quarters; it shall be considered self-contained if it includes a toilet and a bath or shower. Therefore, since the classification of the structures as camper RV's, it was determined more appropriate for the Applicant to apply for a "camper park" which is listed as a Special Use in the Commercial I Limited zone district which is the request presently before you. III.PROPERTY / SITE PLAN DESCRIPTION FOR THE SPECIAL USE PERMIT The subject property contains approximately 1.8 acres and is currently improved by the Sunlight Mountain Inn (a 20 room guest lodge). It is located on CR 1 17 (Four Mile Road) at the base of Sunlight Ski Area with Four Mile Creek forming the southem boundary. The lodge and associated parking area rests on the west side of the lot; the four cabins are proposed to be located on the eastern portion of the lot on a slightly lower bench from the main lodge in the area curently devoted to an ice-skating rink during the winter months. The cabins are placed in a configuration so that views of the ski area are preserved. They are accessed via walkways from the main lodge. Due to the site's location next to Four Mile Creek, the Applicant has located the cabins at least 30 feet back from the high-water mark of Four Mile Creek which satisfies the County's "live-stream" requirement. IV. COMMENTS FROM THE COUNTY BUILDING OFFICIAL The land use code requires that the County Chief Building Official be referred for comments for an application for a camper park. As such, the comments are provided here: "The proposed lodges (cabins) themselves do not comply with the UBC or county building codes related to general code requirements, R-Value, and building size. The cabins are constructed to the ANSI 119-5 standard for RV Park Trailers. However, if the SUP is for a RV type park, we do not require building permits for Recreational rated wheeled trailers. The SUP should provide provisions for septic, water, electrical and gas utilities, but the building permit aspect would not be required. The fire department would also want some input. If the SUP is not for a RV type park, the use of Stewart Lodges could open the door for everyone's use of Stewart type cabins throughout the county. Accommodating one could generate a much bigger problem with others." V. APPLICABLE REGULATIONS SUPs are subject to the standards set forth in Section 5.03 of the Zoning Resolution. In addition, applications for a "camper park" shall also be reviewed under standards in Section 5.02 that relate specifically to a camper park. Lastly, as the Applicant requests to process a plat amendment concurrently with this SUP, Section 6:00 of the Subdivision regulations is also addressed. Staff has provided the required standards in bold italics followed by findings in regular text in the section below. General Special Use Permit Requirements (Section 5.03) 1) tltilities 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 Sunlight Mountain Inn is currently served by the Sunlight Mountain Resort Wastewater Treatment Facility regarding wastewater. Tom Mc Brayer, Corporate Accountant of the Sunlight Mountain Resort, provided a letter stating the Sunlight Mountain Resort Wastewater Treatment Facility has the capacity and will serve the proposed four cabins. A. Legal Source Regarding water, the Sunlight Mountain Inn currently owns all the rights to the "Ranch Well" (permit # 47872-F as decreed in Case No. W-1216) and shares ownership in the "Main Well" (permit # 47865-F as decreed in Case NO. W-1216) with a second party known as Sunlight Inn & Realty Limited Liability (SIR). At present, the Sunlight Mountain Inn gets its domestic water from the Main Well, although the Ranch Well also serves the property when needed as a back up well. In addition, that joint ownership in the "Main Well" is governed by a Water Use Agreement as recorded in the records of Garfield County in Book 1 3 1 2 on Page 3 69. The Water Use Agreement has been amended to reflect a usage for domestic water to a hotel / lodge located on the Sunlight Mountain Inn property containing forty (a0) guest rooms, a restaurant with fifty (50) seats and abar llounge with fifty (50) seats and related lawn irrigation. While the Water Use Agreement has been amended between the respective parties, the Applicant also sought and was approved for augmented water (an activated contract #FM030612SMP(a)) from the West Divide Water Conservancy District for 2 acre feet for 40 total units at 13,000 square feet to provide "domestic water supply to a hotel / lodge located upon Sunlight Mountain Properties' property containing (40) guest rooms, a restaurant withfifty seats and a bar / lounge withfifty (50) seats and related lawn irrigation of up to 3,500 sq..ft." The above mentioned uses operating under a substitute supply plan until a court decree for case 02CW225 is achieved for an amended augmentation plan. In a discussion with the Division of Water Resources, the presently decreed wells cannot operate under this newly activated West Divide contract; further, the applicants would need to apply for two new well permits for the existing wells so that they could operate under the contract. However, because both the Main and Ranch Wells are currently decreed wells with permits whose ^ use specifically includfo mestic,fire protection, drinking onaltoUfrcilitiesfor commercial business (motel / restaudnt), and lawn watering" at a pumping rate of 50 gallons a minute (main Well) and 25 gallons a minute (Ranch Well), then if the applicant can prove the expanded use of the four proposed cabins / RVs does not conflict with the terms of the existing decrees and permits, then Staff would find the use has a legal water supply. An email (Exhibit G) from the Division of Water Resources on September 4,2003, stated that Thereviewofthedeuees(W-1216) andpermitfiles(47865-F,47872-F)fortheMainWell and the Ranch Well indicates that water can legally be suppliedfor the proposal under the existing well permits. However, the water rights under which the wells curuently operate are junior to downstream water users on Four Mile Creek, and therefore maJt be subject to curtailment in the event of a call by these senior water users. f understand that contracts for water from the West Divide Water Conservancy District have been purchased, but it appears that well permits that would include the wells in the District's Substitute Water Supply Plan have not been appliedfor or issued As such, water cannot curuently be diverted from the wells under the contracts. B. Phvsical Supplv Again, the applicant proposes to have the use oftwo wells to serve the property and proposed uses. The applicant provided the data form a 4 hour pump test (completed on March 17,2003) only for the Ranch Well which resulted inaT gallonper minute pump rate with a drawdown to 35 feet and a 77o/orecovery in22 minutes. The pump test does not conclude that a full recovery was achieved nor provides any data indicating this is enough physical water to accommodate the proposed uses. No data was provided for the Main Well as to physical adequacy. In summary, while the Applicant has a right to two decreed wells with permits, it has not been demonstrated that the wells can operate under the activated contract with the West Divide Water Conservancy District with a substitute supply plan. Further it remains unclear as to the adequacy of the physical supply available for the proposed four cabins. As a result, Staff suggests the Applicant 1) apply for new well permits on the existing wells so that they may operate under the recently approved contract with West Divide, 2) provide an analysis of the water produced from the wells that has been determined to effectively supply the uses proposed so that they may still operate under the originally decreed wells and their associated permits. Therefore, given the aforementioned, Staff does not find the Applicant has demonstrated an adequate legal and physical water supply exists for the proposed use. 2) Street improvements adequate to accommodate trafJic 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 The Sunlight Mountain Inn currently has its own parking lot on the west side the Inn devoted entirely to the guests/ employees of the Inn. The lot has two entrances one on either end of the property which allows for traffic to pass directly in front of the Inn's main entrance for ease of loading and unloading. The Applicant indicates there is ample parking to handle the additional 4 guests of the cabins. O Section 5.01.02(1) of the ZoningResolution requires minimum off-street parking of one (1) space per six hundred (600) square feet of floor area or one (i) space per dwelling unit, whichever is greater for each separately rentable room. In this case, that would require 4 parking spaces; one space for each unit. The Inn parking lot currently has 60 parking spaces which is more than ample for not only the units in the Inn but also for the four cabins. Both access points into the lot were established many years ago. Staff finds this standard to be met. 3) Design of the proposed use is organized to minimize impact on andfrom adjacent uses of land through installation of screenfences or landscape materiuls on the periphery of the lot und by location of intensively utilized arets, access points, lighting und signs in such a manner as to protect established neighborhood churacter; Staff Finding The four proposed cabins are to be located on a lower bench of the property closer to Four Mile Creek which will not be highly visible from CR117. Further, the cabins will be integrated into the site with landscaping as shown on the site plan. The established character of the neighborhood is that of a ski resort base village which includes lodge accommodations as a main tenant. Staff believes these cabins will not diminish the ski base village character already established. No vehicle access points will be added or changed as they are already in place and signage to the Sunlight Mountain Inn already exists and no new signage is proposed. Staff will recommend the Board require that all new lighting associated with the cabins shall be directed inward and shall be down cast. This shall be required as a condition of approval. Staff finds this standard to be met. Other Applicable Regulations related to a Camper Park (Section 5.02) Site Plan for Mobile Home Park and Camper Park: General Requirements: (1) Access: the park shall have access to a public street or highway; (2) Drainage: the park shall be located on a well-drained site, graded for rapid drainage and free fro.m stagnant pools of water; (3) Layout: the applicant shall also show on the,plan all entrances and exits to the park, driveways an^d walkways and the deqign and-arrangement of all m-obile home spaces, camper spaces und-any included iervige buildings. -Commercial facilities included oi proposed as part- of a park shall be principally devoted to serving occupants ofsaidpark, ! 5.02.05 Staff Finding The subject property already maintains access to a public road (CR I l7 or Four Mile Road). The slope of the entire property appears to provide good drainage direction towards Four Mile Creek which forms the southem boundary line of the property. The Applicant shall grade the cabin site properly so that no pooling will take place around the cabins. The site plan shows the placement of the cabins as well as three walkways into the cabin area as well as a logical walkway through the site. The entrances to the property, as a whole, shall remain as they are currently with an east and west entrance onto CR 1 17. Staff finds this standard to be met. s.02.07 Site Requirements Applicable Onbt to Camper Parks: l.!r,,f ;lo,t,{t;rux,:;'l;f X,;!;:;T#i1i,tf rappticabtezonedistrict (2) Camper Spaces: (A) The area devoted to each camper space designgd foy t_ent camping shall be adeq'uate to accommodate the following facilities_and spatial requirements: Each space shall be provided witli a Jireplice or Jire ciicle, a picnic table and a tiell-druined, re-asonably level teni siti, The mi"nimum on-cenier distance between tent sites snaL be twenty (20) feet Each space shall pro-vide a-gr-aveled-parking space. Adequate trafJic-barrieVs shull be prbvided to conJine vehicles to driveways and parking spaces; (B) The area devoted to each camper spuce designedfor com_per vehicles or trailers shali be adequate to accommodate ihe following facililies and spatial requirements: Each space'shall be provided with a firavele-dTbhicle and.t-railer pgyk-ing space of length and width to iccommodqte the-type of campe-r or trailqr.by yn!f!, tlre spgce. ls intdnded to be occupied. Fireplaces,fiVi ciicles and piqnic tables shall be installed in suflicient quantitiels und in cinvenie"nt locations.to igtisfy oc^cupants'needsfor sllch TiiUUtes. Adequate traffic barriers shall be provided tobonfine vehicles and trailers"to driveways and park[ig spaces. The minimum on-center distance between campers or trailers shall be twenty (20) feet; (3) Driveways: All camper spaces shall abut upon a dri.veway gradedfor drainage afid maintaiied in a iut-fiee and dust-frei condition and which provid-es unobstracted uccess to a pubiic street or higiway; the minimum unobstructed width of such driveways shatt 6efifteen (15)feetTor oie-way.trffic or twenty-fiye (2!)degt for two-way trffic, provitiiig no parliing-is permitted thiieon. An additional.eight "(8) feet of wiilrt shail be req iired for eac-h parallel parking lane constru.cted adiacent iiireto,"or twenty (20) feetTor eaih lane oiperpenViculal or angle parking adiacent thereto. Staff Finding The minimum setbacks in the CIL zone district are 25 feet from the front lot line, 25 feet from the rear lot line, and 10 feet from the side lot lines. In addition, since Four Mile Creek forms the southern lot line, all development shall be at least 30 feet from the high water line pursuant to the County's Setback from Live Stream regulations. The Applicant indicates on the site plan that the proposed location of the cabins meets these setbacks. It appears the on-center distance between two of the four cabins is approximatellr 15 feet and not 20 feet as required. There appears to be adequate by all cabins. Regarding the camper spaces, the regulations above are drafted to address camper vehicles / trailers that continually pull in and out of spaces. Since the proposed cabins, while technically are considered RVs, they will be more perrnanently fixed on the sites and are not designed for pull-in / pull-out access contemplated by traditional camper park designs. Similarly, the Applicant proposes the cabins to be accessed via pedestrian walk-ways and not accessed by vehicle traffic given that the existing parking lot will accommodate visitors to the property and RVs wouldbe semi-permanently fixed in their locations. Further, as a result of the semi-permanent nature, Staff finds a graveled space to accommodate the units not be necessary. The parking lot for the Sunlight Mountain Inn currently contains approximately 60 parking spaces which are more than ample to accommodate the guests of the Inn as well as for the guests of the cabins. 5.02.08 Water Supply and Distribution: General Requirements: 6 5.02.10 (I) ,l do)ti, water supply that is in--ro*pttr- with th-e lyinking water iiandards of the Colorado bbfartment of Health shall be providgd^in each mobile ii*,e and iamper parlc Wheie a municilpal supplygf watei.of satisfactory.quantity, quolitv and prbssire is available, conniction shdllbe made-therelo and its supply- hsid |xctusively. When such a municipal water-supply is not avgilaQlg, a_central iater supply system may be developed ind used dit iieits standards of the Colorado Department of Health; (2) Every well or suction line of the water supply system shall be located and c6nstructid in such a manner that-neither undergrbitnd nor surface contamination will reach the water supply from any source; (3) The treatment of aprivate water suppty shall be in accordance with applicable laws and regulations; (4) Water Distribution System: (A) The water supply system of the park shall be connected by pipes to all mobile homes, buildings a-nd other facilities requiring h'ater; @)AA watur piping, ftxtures und other equipment shall be constructed and miiitained in alccbrdZ'nbe with state and locai r-egulations and requirements and shall be of a type and in locations accepted by thi County Environmental Health Offtcer; (C) The system shall be so designed and maintained as lo provide a pressure of not leis ?han fienn Q0) nor more-than eighty (80) pounds per square inch, under normal operating c6nditions, at servicd bilnding-s and ofher locations requiring potable water supply; (D) A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sen)er lines; (E) tlnderground stop and waste valves shall not be installed on any water service. Staff Finding The Applicant proposes to provide domestic water to the cabins from the existing water systern that presently serves the Sunlight Mountain Inn which is defined as a "simple disinfection system" which is a community water supply periodically checked by the Colorado Department of Public Health and Environment. The Applicant provided the most recent review in May of 2003 which reported to comply with state health regulations. Specifically, the property is served by water from two permitted wells with an active augmentation plan from West Divide Water Conservancy District as provided in the application. The Applicant shall comply with these standards as part of the building permit process during construction. Staff shall include these as conditions of approval. Water Supply and Distribution Requirements Applicable Only to Camper Parks: (1) Source of Supply: The water supply-s.hal! b9 c.apaQle of supplying ftfA (59) ,illons oer soice o'er ilav for all spacei iaZkins indivilual waier c-onneciions and a 'hundreil Q 0b1 gallons pbi space f er day for alfspaces provided with individual water connections; (2) Individual Water Connections: If facilities foy iydividual water service connecrtons are provided, the following rbquirements shall apply: (A) Riser pipes provided for individual water service connections shall be so loiaied and'cinstiucted thit they will not be damaged by the parking of travel trailers or campers; 7 (B)tyate*er pipes shall extend ut leastfolr, e)Q4es above ground elevation ,nless recessed ti i box or sleeve. The pipe size shall be three-qiartet (3/4) inch; (C) Adequate provisions shall be made to preventfreezing of main service lines, valves and riser pipes; (D) Valves shall be provided near the outlet of egch wgte! service connection. Tiej shatl be turned qjf and the outlets capped oi' plugged when not in use; (3) Watering Stations: (A) Each camper vehicle or trailer parking-a-rea shall be provided with_one (1) or more eusily accissible watering stati6ns forlitting water storage tanks. Such water supply oitlets shall consist"of at least-a water- hydrant ^a-nd-the necessary aliliurteniices and shalt be pr"otected against the haiards of backtlow and back siphonage; Staff Finding The Applicunt propor.s to provide domestic water to the cabins from the existing water system that presentiy serves the Sunlight Mountain Inn. More specifically, the Sunlight Mountain Inn actually has water rights to two wells, the Ranch Well (in its entirety) as well as the Main Well which it shares with its neighbor and which is governed by a Water Use Agreement. The Water Use Agreement has been amended to reflect a usage for domestic water to a hotel / lodge located on the Sunlight Mountain Inn property containing forty (40) guest rooms (Inn rooms plus cabins), a restaurant with fifty (50) seats and a bar / lounge with fifty (50) seats and related lawn irrigation. While the Water Use Agreement has been amended between the respective parties, the Applicant was also approved for augmented water (Activated Contract #FM0306l2SMP(a)) from the West Divide Water Conservancy District for 2 acre feet for the above mentioned uses. Additionally, the water that will serve the four cabins will be provided by the same water treatment system that currently serves the Sunlight Mountain Inn which is a chlorinated system that is periodically checked by the Colorado Department of Public Health and Environment (CDPHE) to ".rrrr" its quality for the guests of the Inn. Both wells (Ranch and Main) connect into this system. The most recent inspection by the CDPHE was conducted on May 9 ,2003 and found the system to have no violations of tn" Coloraclo Primary Drinking lhater Regtilations. Further, the Ranch Well was recently pump tested to yield a pump rate of 7 gallons a minute. This same system will serve the four cabins. 5.02.11 Fire Protection: General Requirements: Provisions shall be made for giving,alarm sibility of the duly authorized attendant or co,letakii tb inform all tenants aboit meansfor"sqmy-oningfire opparatus, sheriffs dipartment aid park employees. No openJires shall be lefi unattended at any time. (1) Portable Fire Appliances: (A) Approvedfacilities shall be proyiledforfightingJires in ordinary combustible miirio'li (Ctatsi A), readill' accbssible t6 a[! -park"6ccupants, .i.n leadlll visible ioritiiit.' Such Tiittittes ihail consist of -g h[se g{ a tyie usable in all weather, piriaiently atta"ched or in cabinets immidiately gdiaggii to the hose connection so iiritid *ii iiy part of any mobile home, traiel irailer or camper vehicle can be reached with a garden hose streaml (B)One (1) or more approved carbory diox. id9 9r dry_chemical ertinguisheys 9!a nie suitab'le for flammihtr liquid or electricalfires (Class B and Class C) shall be iicated eithei inhn open statihn so that it will nbt be necessary to travel more than a 5.02.13 5.02.15 !xffi;!:itlli{::;*':;r,#1f,;;'::,y,r,fri:"1'r,lt:l:r':;!;v,3i!'homeand Q) Affyopriute arrangements shall be made to prevent freezing of fire iighting equipmenL Staff Finding The Applicant proposes to provide each cabin with smoke detectors, appropriate fire extinguishers, and telephone services for detecting, fighting, and reporting a fire. Garden hoses shall be available for use for each cabin. Existing Inn rules prohibit open fires and candles, except for special occasions supervised by an Innkeeper. Staff finds this standard to be met. Sewage Disposal: General Requirg ments: An adequate sewage systey shull be p qmper- pg-ri for-th.e pu1pose of conveying,'and disposing of all sewage.- Such sygt-em ;ltall be designed, constructed and maintained ii aicordance with state and locul laws. (1) Sewer Lines: All sewer lines shall be located in trenches of ;uffiglent depth to be free of breakage from trffic or other movements and shall maintain a milnimuri horizon'tatseparatiin of ten (10).feet.from all domestic water lines. Sewers shall be at a grade whicit will iniure-a velocity of twq (2^) feet per s€cornd when flowins"fult. All sewer lines shall be con-structed of materials a.ccepted by siate orTical laws and shall meet design criteria of the Colorado Department of Health; (2) Sewage Treatment and/or Discharge: ll/here the sewer lings^o{.t|ry park are not connected to a public sewer, a[proposed sewer disposal facilities shall be approved by lhe Environmental Health OfJicer prior to construction. EfJtuentsfrom sewuge treatmentfacilities shall not be discharged inlggny yuaters of tfib Statebxcept witi prior apprdval of the Colorado Department of Health. Sewage Disposal Requirements Applicable Onbt to Camper Parks: (1) Individual Sewer Connections: If facilities for individual sewer connections aie provided, the following requirements shall apply: (A) The sewer riser pipe shall have at least a four (4) inch diameter, sh-all be tripped below the grou-nd surface and shall be so lbcated on the-trailer space that the sewbr connection"to the trailbr system will approximate a vertical position; (B) The sewer connection shall have a nominal inside diameter.of at least.tfre-e (3) inihbs, and the slope of any portion thereof shall be at least one-eighth (1/8) inch per foot All joints shall be watertight; (C) All muterials used for sewer connections shall be corrosive resistant, no'nibsorbent and durable.- The inner surface shall be smooth; @) Provision shall be madefor plugging the sewer rise-r pipe when a trailer does not occupy the space. Surface drainage shall be diverted awayJrom the riser; (2) Sink Wustes: No liquid wastesfrom sinks shall be discharged onto or allowed to accumulate on the ground surface. Staff Finding The Applicant proposes to provide domestic wastewater treatment by hooking into the existing Sunlight Mountain Sewage Treatment Facility. The facility has already provided a letter indicating a willingness and capacity to serve the project. The specific standards as required above shall be 9 5.02.16 considered conditions offrouul. Staff finds this standard to b" O Electrical Distribution and Communication Wiring: Each mobile home park $all,icul iiistributio1t sltst!-r!\ consistiryg of, wiring,ft-xturis, equipmeii and uppurtenunces thereto which shall be installed and main1iined in accbrdunce with tl;d aSA Standard "Nutional Electrical Code, 1971" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained ; All plansfor the above services shall have the approval of the responsible utility prior to county approvul of park plans. Staff Finding Because the Applicant is proposing a "camper park", it is not required to contain an electrical distribution system. However, in this case, the electric system is already in place as it currently seryes the Sunlight Mountain Inn. Further, the proposed cabins come completely wired and constructed with electrical service complete so that they only require connecting to the main panel in order to become functional. This can occur either with a 400 amp or 200 amp services to the Sunlight Mountain Inn and that cabins will be installed according to all codes. To date, no approved service plan has been provided to the County. As a result, this shall be made a condition of approval. 5.02.17 Service Buildings: General Requirements: (1) The requirements of this Section shal! apply to service buildings, recreation buildings an-d other community service facilities such asl (A) Manugement offices, repair shops and storage areas; (B) S anitary fac ilitie s ; (C) Laundry facilities; (D) Indoor recreation areas; (E) Commercial uses supplying essential goods or servicesfor the exclusive use of park occupants. (2) Structural Requirements for Buildings: (A) AU portions of the structure shall be properly protect-ed from damage by ordinary uies and bi, decay, corrosion, termites and other destructive elements. Exteriir portions shill be oj such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weatherl (B)Alt rooms containing sanitary or laundryfacilities shall have sound-resistant iitts extending to the cZiling beiween male'ind female sanitary facilities.^Walls and partitions*around show-ers, bathtubs, lavatories and^other plumbingfxtures shali be constructed of dense, non-absorbent waterproof material or covered with moisture resistant material ; (C) Each room containing sanitary or laundryfacilities shsll have at least one (1) window or skylightfacing directly to the outdoors. The minimum,gg^g.regat-e gross area of wina6wiToi eacllroom shall be not less than t_en perceryt (10%! of thefloor area ierved by tliem. Have at least one (1) window which can be easily opened, or a mechanicai device which will adequately ventilate the room; (D) Toilets shall be located in separate compartments equipped with self-closing 10 il.t;;f,*;':#f,! ; fli! ; rf:;' f t: \fl!*,yxr, ; !;!,le s * e e n e d'lo (E) Illumination shall be maintained as follows: O General tasks -five (5) footcandles; work area - forty (40) footcandles;(ir) Laundry (ii| Toilet room front of mirrors - forty (40) footcandles; (F) Hot and cold and laundryftxture, shall be furnished to every lavatory, sink, bathtub, shower d cold iater shall befuriished to-every closet and urinal Staff Finding There will be no specific separate'building" constructed or needed to serve the proposed four cabins. The cabins contain their n full bathroom containing shower, sink, and toilet as well as fulIkitchens. The guest support ices to be provided to the four cabins will be provided from the existing guest support service includes daily maid /laundry, busi facilities that already exist in the main lodge which office, Inn management, daily garbage collection, and storage. Staff finds this standard to met. 5.02.18 Required CommuniE (A) A central service Areas. fixtures specified shall which provide parkin.g t approximately three (300) feet to the spaies to be served; ling containing the necessary toilet and other plumbing provided in all camper vehicle or trailer parking areas sfor dependent ve-hicles or trailers andfiir tent cqryping- inaU be conveniently located within a radius of ,r utomen shall include a minimum of one (1) flush toilgt, (1) showerfor eachftfteen (15) spaces orfractional number men shall include a minimum of one (1) Ilush toilet, one try and one (1) shower for each fifteen (15) spaces or is designed for and exclusively liynilgd to ysg- Qy les or tlailers, no public sanitary facilities shall be : requiring a service building is operated in connection with w establi{hment, the numbir ofsanitary facilities for such shall be in excess of those required by the schedule forill be based on the total number of persons using such (B) Sanitary facilities o4e (1) lavatory and on thereof; (C) Sanitary facilities(1) urinal, one (1) la fractional number the (D) Where a camper self-contained camper required; (E) When a camper a resort or othei business establishm camper spaces and facilities. Staff Finding Each individual cabin contains its bathroom facility with a toilet, sink, and shower which is connected to the central w treatment facility. As stated earlier, no separate "service 11 building" is required for the four cabins. Staff finds this standard to be met. Facilities: 5.02.19 s.02.20 (1) The duly authorized attendant or caretaker shall be in charge st all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shatl be answerable for the violation of any provision of this Regulation and other applicable County and State regulations. Copies of Regulations shall be made available to the park residents by the park manager of owner; (3) Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so aruanged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Alt refuse shall be disposed of at either a municipal or County designated landiill site; (4) Pest Control: grounds, buildings.and structures shall be maintaine-dfiee o{ tnsect and rod"ent harhorage aild infestation. Extermination methods and oth.er measures to contro"l insects" and rodents shall conform with the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet Control: no owner orperson in charge of aryl dog, cat.o.r olhey.pe.t animal shall permit it to run at large or commit flny nuisance wrthm tne umfis oJ any mobile home or camPer Parlc Staff Finding The Innkeepers live on the premises at the Sunlight Mountain Inn and provide constant supervision and management for the facility and to the guests which will include the four cabins. Guests are responsibli for their own conduct while staying on the property. The garbage produced by guests of the-cabins will be collected and disposed of along with the garbageproduced from the Inn. The Inn will extend its daily main service and garbage collection to the four cabins as part of the normal operations of the Inn. No pets are allowed as stated in the Inn's current guest policies. Pest control will remain the responsibility of the management of the Inn. In the event, pests are an issue, professional past control contractors are hired. Staff finds this standard to be met. Miscellaneous Regulations Applicable Onl! to Camper Parks: (1) The principal business of the park shall be to provide parking spacesfor travel trailers, camper vehicles and/or tent camping. Occupancy in camper parks by any individual shall be limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County. (2) Travel trailers and camper vehicles accommodated shall not exceedforty (40) feet in length and eight (8) feet in width. Staff Finding Staff shall require that the cabins are to be designated as short term guest accommodations and no year in anv one (1) cabin. As to size, the proposed cabins (again, technically RVs) appear to be at ieast 12 feet in width and34 feet in length. While the cabins meet the length requirement, they t2 S up e rvisio n Oe r al Re quir e me nts :nt\./ exceed the maximu- *ifV four (4) feet. Staff recommends the fd waive this width standard due to the antiquated naturEof regulations as the sizes of RVs have changed over the last 30 years. 5.05.02 Setback from Live Stream Since the property is bordered by Four Mile Creek on its southern property line, all proposed development needs to comply with setback distances from live streams pursuant to Section 5.05.02 Live Streams in the Zoning Resolution which requires: A setback of thitty (30) feet measured horizontally from and perpendicular to the high water mark on each side of any live stream shall be protected as greenbelt and maintained in conformance with the deJinition thereof, with the exception of diversionfacilities as qn accessory to the approved use of the lot. Staff Finding The site plan includes text that indicates the location of the high water mark and a line that represents the 30 foot setback. Staff shall require that at the time of improvements at the property, the 30 foot live stream setback from the high water mark shall be measured and staked by a licensed surveyor to ensure the cabin placement and all other development comply with this distance' This shall be made a condition of approval. Section 6:00 of the Subdivision regulations: Plat Amendment Section 6:10 of the Subdivision regulations states that an amendment may be made to a recorded plat, if such amendment does not 1) increase the number of subdivision lots or dwelling units, or 2) result in the major relocation of a road or add new roads. Staff Finding The Applicant proposes to amend a property line between the subject property known as Amended Plat of Lot 1 of the Sunlight Inn Exemption and the adjoining property to the south known as Lot 2R of the Amended Sunlight Inn Exemption No. 2.The change will relocate a small portion of the boundary line on the southeastern portion of the subject lot to be in line with the centerline of Four Mile Creek to be consistent with the rest of the southern property line. This will result in an exchange of approximately 3,600 sq. ft. as shown on the plat. This request will not increase the number of subdivision lots or dwelling units and will not create any new roads. Based on this information, Staff finds these standards are met. VI. 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 al1 interested parties were heard at that meeting. VII. RECOMMENDATION Based on the lack of information regarding an adequate legal and physical water source to serve the proposed cabins / RVs, Staff has not beenpresented with enough information that determines adequacy. As a result, Staff cannot recommend approval. 13 ,. urn.,,,?r.y "I move to approve a Special Use Permit for a 'camper park" for Sunlight Mountain Properties for Gretchen and Pierre DuBois with conditions." 14 EXHIBIT b?Etc Fred Jarman Lis, Craig [Craig. Lis@dwr.state.co.us] Sent: Thursday, September 04, 2003 9:20 AM To: Fred Jarman Subject: RE: Memo on Sunlight Fred, my review of the decrees (W-1216) and permit files (47865 -F , 47872-F ) for the Main Well and the Ranch Well indicates that water can legally be supplied for the proposal under the existing well permits. However, the water rights under which the wells currently operate are junior to downstream water users on Four Mile Creek, and therefore may be subject to curtailment in the event of a call by these senior water users. I understand that contracts for water from the West Divide Water Conservancy District have been purchased, but it appears that well permits that would include the wells in the District's Substitute Water Supply Plan have not been applied for or issued. As such, water cannot currently be diverted from the wells under the contracts. Please contact me if you have any questions regarding this matter. Craig M. Lis Water Resources Engineer 1313 Sherman St Rm 818 Denver CO 80203 303-866-3581 -----Original Message----- From : Fred Jarman [ma ilto :fi arma n@garfield-county.com] Sent: Wednesday, September 03, 2003 4:04 PM To: Lis, Craig Subject: Memo on Sunlight Again, thanks for your help on this. Fred Fred A. Jarman, AICP, Senior Planner Garfield County Building and Planning Department 108 Bth Street, Suite 201 Glenwood Springs, Colorado 81601 970.945.8212 91412003 -----Original Message----- From: Andy Schwaller Sent: Tuesday, September 02, 2003 10:41 AM To: Mark Bean Subject: Sunlight Mountain Inn SUP Mark, Fred has asked for input related to the use of Stewart Lodges cabins up at Sunlight. The lodges themselves do not comply with the UBC or county building codes related to general code requirements, R-Value, and building size. lf the SUP is for a RV type park, we do not require building permits for Recreational rated wheeled trailers. The SUP should provide provisions for septic, water, electrical and gas utilities, but the building permit aspect would not be required. The fire dept. would also want some input. lf the SUP is not for a RV type park, the use of Stewart Lodges could open the door for everyone's use of Stewart type cabins county wide. Accommodating one could generate a much bigger problem with others. Let me know your thoughts and I will get back to Fred. I will be out of the office on Wednesday but will get back to this on Thursday morn if not later today. Thanks, Andy EXHIBIT a FROI'1 :tffiriiitlr irriir rrrtt ffiiilliiillT'tlii'343 s85 ?381 I s=e. weste$IDlar lreatmaat Plant and a caprcity of 40,000 gallons pcr day, is nccessary to replace ttroodsttng&orlli$- eyit rt.ot "mg"ilttyofsuctr 6fitn 9lntA0e IErSE Bl4rg P48C il fl.sDmPI of 2 R 11.00 D 0'B GRFFIE-O C0lIlTY C0 IT,I,rrrrcATIoN AND ApprnrpuM To AGREEMENT FoR Tm .r " Jonm Usu oF rrIE SKI SInILIGHT,nrt' WasruwATERTnBernauNT Facrr.,rry SIJIILIGIIT, INC.' a Colorado colporatio4 fllla Ski SunliStq hcorporated (esunligtng), TI{E BRETTELBERG CONDOIVIINILIM ASSOCIATION INC., a Colorado noryoft mrpotuion (a&ettefterge), SLINIIGHT MOUNTAIN PROPERTIES, LLC, a ColoradJ Hmfted liability compay_(eSnm,G) the sueessor in ird€rest i6 $unh'ght Imanatioiral a lirnitcd parbcrship (.$ry, aad PEIER W.S. BRIGI{AM @nrighm6) (sometimes collectivgr, rhe epartieie) hereby erxo.cuii thisRdcatiou aodAddendua enilagre as ftIlows: l. Tbo Parties all rc,eive eiastcrvater scr./icc Sod tlre SunEgEl wcrtcwztcr ts:e,afi1Dcgt plant h occorilaace with all terrc aud conditions oftld certain AgrocEoEE[ fir tho ]oint Use ofthe Ski SttnHght Wasto$tatcr Trcatusat FaciEty (nAgreemerd g ) to .whichrhis Ratificati,ou and Addcndum is attacfisd" Notwithshrrdiqg &Et allPetbs larrc bea oporxing under tbe ;Lgreement gmb Sunt4l and the Brottelbcrg el1ry ngneil ths Agreemmt. By theh dgDatures herJon, aII partics f-"uygchoq,lodge tbcir puticipatioa infre.Agrcemont and ra@the saae, 2- - Sunlight has dete'rnined ard tbe otber Prtigs Eg;Fe that rhe e).isting wastcsrEreruefirud Plglrt bas reac,ired the eud offu useftllift Ed nseds ro be replaoed construJton ofa:rew .:4 I \'\l\ sr\1 t4\.,s \ \\ \-\ thr paragrryh Partythel pays shall h cotitlcd to rcccive wastcwatcr tcatm€ilt -')z-sl,rricc fiom the aew freility without the payne,nt of arry firrtfier tap fte or othrzr rymco iqpovemcnr Gc. 3- Sunli$lll Ceeheg -!o carr*6 the new srEEtewatsr trearmftr ficiliryto ir corstructedtoa treaffimtcapaciflgparerthsn40,000gallonspeday, $lmlightnhetlbayetherit6tocar:scabrgcr treafuout plam to be oongtnrcted provided thd Srnliglt aloae qhatl boar. aU margind costs ing|[.neditr construcring a frciffry with a oapacity grodcr than 40,000 gallors per day. In cqnsids$atiou of Sunlight alonapayingthe:rarginalcosts incuredro constructtresEe[t oapaoityin aroessoforr-+ necd$ and notwithstasdhg aly&ing contained h thc Agreemem to the contrary, Sr:nli.sht shall owu and conuol nrch excese crpacity thrt it nars for, and sbellhave tle right to rnake nrcb o:rress oqncity aveilablo to additiotul ugcas ofbdntighror to newrscc ofthc wasd;; hr"il"rd pil d rbe sob discraiou of srmligh. Notwitbstandiag the sregoing sruligh agrees rhat a1y *i uro. ton rhe 4"a.lr:d"l adlddodtm to lgrrcaent/or ttte Jotnt llse of the .lLt Santtgh, Wa$ewarcr Treattent Faclllr)&oiighl, IncJiBrettclbarg Coadoahivn A*ocialion, Iw./Swlight Moundin propcaiet, l,L@etcrV S, nig\q* PagG 1fi2 lr'X\ Ich 2s"29?n P3 : FROM : J. E. BRRDY\rvi/, !1, /UUJ ,J,U0fM Dete: trllilll]ll flffi ]illt lilt illlltiil iltililt ll] lil0t7t{8 12/zt/2aa2 10r!Gp 81t1c r4yt I ft6DoiF'2 of 2 R 11.0C D 0,00 BnRFttr-D C0txTy si ' n*, (fi/oL O, ,,, ,tfiT,,tF, r r', r3z3 eE5 7381 tirr of its connpction to the wastewatvr trealmed system ortvard, sbEI be obligated to pay ifs Propottioostc shart of ongoing op$ational andmaintenance opcnso$ ofthe facf,ity. mcasucd by its proportionale Uso of do'testic wrter, as provided in paragraph 6.a(a) of the Ageement. 4- The Ageemsut and this Ratification and Addeniftrn stull bp recorded. togc*rcras one instrtrusnt in the Garficld Coudy Records ec such time as allPartix haw sigpd ttris naftno*ion ad Addcnduo. 5. All provisions of the Agrecnent Ehsll remain in fuU force and eftct earwpt to tlre cxtont that they may be e4pressly rnodified hereby. INWjTNESS WIIEREOP, theParticahgre executedthisRatificationand Addesdumonrle datc sct forthopposite theh reqpective signatures" wE[asmsnres rllr BRETTELBERG ColEDOl4rNillM w AssocIATION, INC., ,Il coloraao By; Dde: qlul ou Datp: BIIB; SUNTIOH Richard SchnfetaLl, President Rafificaion aad Ailendum to ,4,grcement for tha Join_ll,vc-of the Ski Suntisht W'ostewoler 6'reatment FugltySvriight, Inc,t'Erctte lbarg Condomlnlam Astoclaior, Irc,/S\tntigh.t ldquniin properties, LlClpeter v-s tiigho* ?ags 2 olZ D. Petersen, Fresident SI'NUGITT MOINTAIN PROPERIIES, LLC, cgrporaCiolr Page I ot I Fred Jarman . From: Lis,Craig[Craig.Lis@dwr.state.co.us] Sent: Thursday, September 04, 2003 9:20 AM To: Fred Jarman Subject: RE: Memo on Sunlight Fred, my review of the decrees (W-1216) and permit files (47865 -F, 47872-F) for the Main Well and the Ranch Well indicates that water can legally be supplied for the proposal under the existing well permits. However, the water rights under which the wells currently operate are junior to downstream water users on Four Mile Creek, and therefore may be subject to curtailment in the event of a call by these senior water users. I understand that contracts for water from the West Divide Water Conservancy District have been purchased, but it appears that well permits that would include the wells in the District's Substitute Water Supply Plan have not been applied for or issued. As such, water cannot currently be diverted from the wells under the contracts. Please contact me if you have any questions regarding this matter. Craig M. Lis Water Resources Engineer '1313 Sherman St Rm 818 Denver CO 80203 303-866-3581 -----Original Message----- From : Fred Jarman fmailto :fi a rman@ga field-county.com] Sent: Wednesday, September 03, 2003 4:04 PM To: Lis, Craig Subject: Memo on Sunlight Again, thanks for your help on this. Fred Fred A. Jarman, AICP, Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 970.945.8212 91812003 oo }; ;.:.: ii:::}: llelolel+li]' l -+^O^a^-^-j r'* I'I 5.The Applicant shall obtain all necessary electrical permits from the appropriate utility company (ies) for any required specific utility plans for the installation of the four cabins. These approvals shall be provided to the Building and Planning Department demonstrating compliance this condition prior to the issuance of a Special Use Permit. All utility service lines that serve the cabins shall be located underground. The cabins are to be designated as short term guest accommodations and no cabin shall be inhabited by the same individual for more than one hundred twenty (120) days per year in any one (1) cabin. The Applicant shall provide each cabin with smoke detectors, appropriate fire extinguishers, and telephone services for detecting, fighting, and reporting a fire. Garden hoses shall be available for use for each cabin. Existing Inn rules regarding open fires and candles, shall apply to the new cabins. Staff finds this standard to be met. Prior to any improvements associated with this proposal at the property, the Applicant shall have the 30-foot live stream setback from the high water mark measured and staked by a licensed surveyor to ensure the cabin placement and all other development comply with this distance. The Applicant shall provide an adjusted site plan to the Building and Planning Staff for review prior to the issuance of a Special use Permit that correctly shoes the required on-center distance between the cabins to be 20 feet. L-b{wL-)/u 6. 7. 8. 9. 10. ?*o {"-., L",,- L CL*n ?^v'*r S)r' +;"f P-."-T EIf,l? ?? ?fl'."# ENc, N EER 8,l8 Centenrrial Bldg., l3l3 $herman St., Denvsl. Colorado 80203 REGISTRATTON OF trECREED EXISTING WELL PURSUANT TO c.B.$.37-92-304(81 WELL OW.NFR NA$IE(S} ; $UNLIGHT INN AND HEALTY CO. LLC Mailing Address: 10252 COUNTY RD 1 17 Ciry. St. Zip: GLENWOOD SPRINGS CO 818O1 Phorre: 97O 945 52?5 WELL LOCATION: COUNTY; GARFIELD (AddrassI For Office Use only PERMIT NUTI,IBER 3Ui)45 OWNER,S WELL NUMBEH:RANCH WELI (city1 (stdto)lZip! SW 1/4 of the NW 1/4, Sec. 33 Twp. 7 S, Hng. 89 W, 6TH P.M' Locatad at 2295 feet from N Saction Line, l2zLE feet from W Section line. The well has historically been used {or the following purpose(s): DOMESTIC, FIRE PHOTECTIOT DRINKING & SANITARY FAC]LITIES FOR COMMERCIAL BUSINESS, LAWN WATERING. Water from rhe well was first used beneficially by the original own6r for the above described purpose(r on MAY 31, 194O. The total dapth of this well is 60 feat. Tha pumping rate is 0.11 cfa, 25 gallons per minute. The average annual amount of water diverted is NOT REPORTED. The land area irrigated from this well is: NOT REPORTED. (Legal Description) or as Suhdivision Lot{s) Block FilinglUnit FOR OFFICE USE ONLY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS, THE STATE ENGINEER HAS ENTERED INTO HIS RECORDS, UNDER THE ABOVE ASSIGNED WELL PEFMIT NUMBER, THE DETERMINATIONS MADE BY THE DIVISION 5 WATER COURT IN CASE NO. W.1216 FOR WELL NO. HANCH WELL THE REGISTHATION FOR THIS WELL HAS BEEN AMENDED TO REFLECT CURRENT OWNER,ADDFES$ AND LOCATION INFONMATION. FE8 | 3 rsgT Court Case No. W-t 218 Div. 5 Co. 23 WD 45 Basin MD Use 3 qAER r-o,R}.iJ? I}t THE DISTRI T COURT IN AND FO& I{ATER DTVISI0I{ H0. _- 5 * STATE OF CEI8RADO IN carfield C0UNTY. 1, t'Iarne of 'ePPll.cailt: lt[]iT]s eePk Lend,comqany Address of appllcant: -c1o .,:[rPple-rtl-a! -Eunliqh-t-shi- Ir4eg - clqnw-?,gd lpriqps,lPl9. Zte 8160i . Telephone nuruber of appllctr t: Ji:1[3I 2. Natoe or nunber of well, If any: The-Hair,r lle]l gnd She . - Eanch t{eII ) ) ) Jr tlre West 33 , EIr. Caee No. l|- {Af L IN TTffi, I,IATTER. OF tIE ) APPLICJTTI0N FOR ) , 1{AfER RIGKfS OF ) )' wtrJ,tn6c pTr\LJ.oH[t enMrnH";. ) ) ,- a Colorado corpotaElon - ) IiECEIYED [fi 1 7'13 ,t#fiIg AHENDED APPTICATIOTI !'OR I{ATE& RIGtE (Underground or well) -73 -r7R. 89 w., 6ttr P.l{. I 1;2{5 feet fron,ther .Ii,ne' o'f Scotlon$Sr t ti ;'1 "r;r" ,/' Itl -t /-*-1- ' . 5. I 6. 4,Tlris well is locaEed Ln Ehe uaEqrrl,e(t of ?'ou,r.:113 'C{le * ,f/ilit'),u;lw:lwJadJ Dcpth of well; ,rro.n"t, ,un*.:lt[. t*" orn+fr1-iifi;"1;Ljf ,Oo*fr",.:4r'1 A" Dase of lrrlsrarlon of che aPproPriarionf']s-E49Egk rar ' Lgfi B.Dacewaretfitecapp1tcdtoberrcfleI.atuae:.e*}.@e C. 'Hou approprlatLon was Lnl"tlared: drillbi well ' ;??Ea;tIi will totlo+r Ann'*ne of r+aEer erairue4S$1tf%y, p_*rso*?pu*.e of rlmer 1- A, Porrlon a'osolute'':1^3fff*H*t-#.1ffiffi*norrdd#i*na*oq5 _ -_gPm l. 8. 9. t"^ifr."f;i'of"o"ni"r1.1?,??lIXt"-",.'^ -r,rj6y tr .J " #% Ts- fro{udr?a "r,." ttJ rT ldn s in e e r I a 0 f f i c e or, if a nev vrel"l,attach copy o[ the perrnit or order oE denial; Nofle 10. In case of trrtgeted: +l an lr:rlgaElon prlorlty, Ehe rrumber of acres belng -i the ntnnber of acrbs hlaEorlcally trrlgaEed: arrd tfie nrrsber of acree propoeed Eo be Lrtigaced by the decree aought ' Rernarkg l11, 'i' '#.-------n-- @e-of appltcaflt or rttoruey for apPlieant PSTBE E ZI!4HERI,IAN P,C: 1I0 Eighth Street . slenwo6a sPrin.qs, coro{Fdo argol. flt? I STATE OF CCILORADO 96. cotlliilY 0F cAr?Pr ELn RO!EE?. S.- ZIM!,1ER.i{AN- , bcl.rrg flrat duly El,orrr, uPo$ osEh, depoaee and eaye that (f)h" P. reBd the foregolng applleatlon, lmova the contenta chereof , efid Chat, the eone are tru€' l.before pe Ehia 9t[ day of ) ) ) Subscrtbed and 8!.orrr to o'3llnr . -, t9 iL. My conunleaion erpireu: llay {, 19?6 1. 2. rNsr'Ucnon*ei**r s*NEHs*pdDoHEss *&* coRHE{noN Fo*ri JUL' ls NO FEE IS REOUHED ThE form mugt be typewritten or prlnted in EIAOI( ll-tlK lnitial ancl date any cfiengBs you make on the brm r r, .i. r"., , TH]S FOHtIf [I'tY BE HEPRODUCED BY PI-IOTOGOIft'ING OR WOHD PROGESSING i{EANS. INCOMPI,ETE FOBttfiS WILL BE REruRNED. ATTAC}I ADDIIIOMT SHEETS IF MORE $PACE IS HEED,ED Prlrrt thp nu oumefs name and indude the mailing address and phone number. !t .I lndknte if the change in onrnership/addrms is ior a well ipermit, livestock water tank or erosion contr dam. Be sure-to,include fie.proper permi!.-lank-or dam number. ComplEte the well location information. lf the address ol tha well location ls different than the rnalllr address of the owner, indude the address rvhere the well is located. ll the owner has more than or well, provide well name or numhgr as designated by the oirn6r; i.e. North Well. The actuElule[ locdir rnust includeV+,V, Ssctlon, Township and Bange. Checkfie appropriate boxes for North or $outh ar East or West direstions. Complete the SubdMsion, Lot, Block and Filing inlormation, ll applicable. Complete the location information for the livestock water tank or erosion eontrol dam. The aciu location must indude t/q $estion, Township, Range and P.M. Ote* the appropriate boxes for North r Souill snd East or West direstlons. Chack the reason(s) for submttting the forrn, whether lt ls a cfiange in ownership/addresg and/or locatic correstion. The owner ot tha structure rnust slgn. Print or type your name in the first block if it is different from fte No. 1. fi r{grurrg as a rcprcsentathro of a company wfro owns the stucrture, then your Utle must also t inc{uded in the finst blodc $ign the second bloak and date thE last block. T'$E THIS FOHII TU CORREGT THE I.OCA'IION OF YOUR TUELL IF: A. Your well was permltted, reglstered, of firgt usod prior to May 8, 1972 for ordinary horraeho purposes in uptothree eirrgle-lamily druellings, fire protectbn, the watering of poultry, domestlc anlmal and lirrestock orr larme and ranches and the lnlgallon of not ovff one acte of home gardens and Iarn B. Your well ls not oil the type described in A above, but was permitted or registered prior to May t' 1965. lnside the Deslgnated Grourrd Water Baeins, offier procedures and publication may be reqdrer C. Your well was rlecre€d by the Water Court for the oonect location. IN AIl- OTHffi CASES USE FOHM G1'IT$42 A[ ffiertypes of ctrangee Encerning HtestodrwatBrTariltr and Ercx*on Conhd DsmE rfioukl bs ei&mlfiE on tlte stEndsd Pemrit App[cdftrn forn and be m,rpeiled by a $15.fi1nhg he. ll you have queetions, contac.t the Denver or lhe Division O{ftce where your well is located. Dfirx}mH r 800 8th Aw Rm 321 Greeley CO 80trt1 (38) 352€712 DIVI$ilCTH 5 Bot 896 50690 US FLry 6 & 24 Ghud $pgs CO 81601 Fffi) s4+5665 DMEilOT{ 2 Box 57?8 elew fih Rm 223 Pueblo CO 810ffi (71s) 542€36S DNITHCIN 6 Box i7345o 625 So. Liroohr Ave smH Bpgs GP 8rJd.77 Fffi) 8re-ffiz IrllrlH0lil S Box 269 422 4ft sr AlamoeaCO 81101 f/le) 58s$68S In EmN 7 Box 1880 1474 Msin St Duran$, CO arsrt2 (300) 2'+7-18{5 DIVFilOil 4 Bo( 456 1540 E Niagsra Momrose CO ff{OA (38) 24s€622 DENVER OFFICE Rm 8Et lstg $flennan $t Daruer GO 8ffit F.ORM NO. cw$12N 1 0/88 oFFrcE oF rHE *hLTG.NEER 818 Centannial Bldg., 1 313 Sherman St', Denver, Colorado t?nll H66.1581 ( 80203 Office Use onlY RMrr NUMBEH 04?865'l 29930 .REGISTRATION OF DECREED EXISTING WELL PURSUANT To c.R.s.37-92-304(8) 1 I NAME(SI : SUNLIGHT tNN AND REALTY CO' LLC Mailing Address: 10252 COUNTY RD 117 City, $t. Zip:GLENWOOD SPRINGS CO 81601 Phone: 970 945 5225 2. 3 4. I I 7. L WFLL LocATtoN: couNTyr GARFTELD owNEH's WELL NUMBEB:MAIN WELL (Address) {city1 (state) (zip) SW 1/4 of the NW 1/4, Sec. 33 Twp. 7 S. Rng. 89 W,6TH P'M' Locared 8r 2245 feet from N sectio.n Line, 1 175 fBet from w section line. .. ., - The well has historically beerr used for the following purpose(s); DOMESTIC, FIRE PRoTEcTloh DHINK!NG & SAN]TAHY FACILITIES FOH COMMEHCIAL BUSINESS, LAWN WATEHING' Water from the well was first used beneficially by the original owner for the above described purpose(t on MAY 31, 1967. -., . . _, ., The total de.pth of this well is 360 feet. _ .. Th-e pumping rate is O.11 cfs, 50 gallons per minute. ._ ., The average annual Amount of water diverted is NOT REPORTED. Thelana area irrigated from this well is: NOT REPORTED' (Legal DescriPtion) or as Subdivision Lot(s) Block Filing/Unit Court Case No. W'1216 Div. 5 Co. 23 45 Basin MD Use 3 FOR OFFICE USE ONLY IN ACCOHDANCE WITH THE PROVISIONS OF SECTION 37-92-304(8), CRS, THE STATE ENGINEER nas er,rreRED lNT6 Hls nEconDS, UNDER THE ABOVE AS$IGNED WELL PERMIT NUMBEB, THE DETERMINATIONS MADE BY THE DIVISION 5 WATER COURT IN CASE NO. W-1216 FOH WELL NO. MAIN WELL THE REGISTRAT]ON FOR THIS WELL HAS BEEN AMENDED TO REFLECT CURRENT OWNER,ADDRESS AND LOCATION INFORMATION. P WD FOBti{\to- Brrv$11 07i*, STATE OF COLOAOO oFFTGE or *rf,re ENGTNEER '818 conrihniEt Bld+,-tfi3 stl.(mrn Sil., DGivrr. Colofido s(Elc! (ao3) E8€-358r e Fga Ofrc. uac only EECEIVED DEC I s 1996 'H;ffirEff" s1'{sfl" pnmto cot{PLEnHGFoRH. sEE ll.lsTHugttof.ls of{ HE\,ERSE slDE "CHANGE IN OWNERSHIP/ADDRE$$ / LOCANON WEII,PERITI UIEITOCI(TAII|K OR ERoSloH cOilTROL DAII 1.NEW Q]WNEEil,-.* sl, r/n'lffi** a*o- &r/* (r, .L!*c-, o THTS CHANGE ls Foj oNE oF THE FOLLOU/ING: E- *.rr- 'ERMTT NUMBER. g-.d,ff ,.,PA,,,,,H.:/Hrt n uvEsrocK *ATER TAI.{K N,M8EH......... ... .. I ERosroN *'NTR.L DAM NUMBER....... g. l Congction of locatlon. 4. 5. b. Namefiitle (Flease type o( pflfit) 7d* e- i,Lr Bu,.l,o^, Dd6 nfiafr+ FOR OFFICE USE ONLY UIASH IR$q099i1 lE2I96 1.00 OI1J fiF IHIIR fiE$OURCES StilrEnglncGr \ - ^t -€ 8Y M *ri ** n o. il -l tJG o*. .$- oo.13 -wDJ(s- Basln- MD--.* use- Dlstaflses from Secligt.LIn€s .# tr E, *El f,*. 5,e .;l ,ttJQ Di,.-.$-- w.lS -wo$L Melllna Adrlrsss ;,*, ;r .,o 6 ii****l s i;i;ri ,, (r 916o7 Phone 1-f-la 1 ?.+5.: {"i"-S , fiil /b"-q,t WESTOCK TANK OR.FHOS. N co lIAr8, qg!r-r.t E IN TIE DISTRICT COUFJ IN AND TOR WATER DrVtSroN NO, _i_ STATE OF COLORADO Ceee No . w- .r 1l o .'."i-'-- '/ l,'/ I 'A IN THE I.{ATTER OF THE APFLICATIOT{ FOR I.IATER RIGHIS OF WILLIA.IIS PEAH LANTJ COMPiIH1.^ a Colorado corporation IN Garfield APPLICATIO}I FOR WATER RICIIT (Urrderground or sell) ) ) ) ) ) ) ) ) ) ) ) t. Hame of Addrees COUHTY. applieant:Wllllame Peak tand Company of appLicant:c,/o Rpple Inn at Sunlight Ski Area Glenuood Sprir,gs, Co1_o " Zip 81601 ?elephonc nurflber , Nane or number of Ranch WeII of eppllcaflt: wetl, if any:The Maln !{eIl and The I45-5225 ,] 3.Legal. deacription of J.ocation The Maln WelI is located 1,L75 2 fi45 feet fron the North line R. 89 W. | 6tJ1 P.l,,t. of wells feet from theof Section 33, West linefp. ? S.,ard andThe Ranch Weli is located IrZ45 f,eet from the wast Line 2,291 feet f,rom the Horth llne of Section 3, Tp. 7 5.,R. 99 H., 6th P.l.l. t Thl,t uetl is locaterl Ehe uatetehcd of Four t'liIe Crlel- tibu r. trtfr6,fiUllufl,X+t6r$t(J( 5. DcpEh of r,rcll:- 60 fe-t inq t''trtn lltrll - Mayr 1 6.A,Dateof[nitlgelonoftheapproprlatron@May,l E. Date w&gcr fltee appl{.ed to beneflctal ucet at iE l tbgf'e C. 'How apptoptlaElon wae lntt,lacedr -iglJ]e{ yJll 1n rit 4. 8. o g',1 f.l fri T.%lfl t1'"? f" " l*f, 1'" # !r,f'=f.T d? \J " ff"& T&'gs.t$la'r"'.1i8t"sroeer rE of flce of,, if a new we1,1, Bttech copy of the petmit or order of denial:$one 10. In caoe oE an lrtlgaEion prlorlty, the fiumber of acreg heing irrlgared: --; ttre number of actee hlatortcally irrlgated: i ancl the numbct of acres propoaed to be tmtgated 't . Amorrnt of uarer cleimlflan "ffirh%11PJifltb}r.e of ti'me, -A, porrron absoluEe r 513h$fr[*tfro?f,r#ffi,osrA*aaoneaarry #8pm by the dectee sougttt, 11. Reruarks: PETRE E ZII,TMERNAN P.C. 110 Eighth $treet c te nsoiid-Spr {rrqs-,Co I-o redo-8 l-6 0 t 945-6522 Nane, addreag and telePhone nr$Dar of Ettotney fot aPPllcaut n(lL; i /1^1'1:. :11.{f:1: ir, .'.1 \ \ \t\ STAIE OE'COLORADO rflTfTY OF CANFIEI,I)# ) ) ) BB. ROBEP.T S. ZII,II4ERUAN _ _r beLng f iret duly esor-rr upoo oath, deposes end aaye chac (s)he has reEd uhe foregolng appltcatlon, larows rhe co,ntents theteof , end char Ehe BaEE ere truc, Subscrihed 'end rwottr to before me -' ;{Eg- -, ;*-- -, t9 3: rly eornmission expires: May 4 , L9?6 ehte _29.$ day of IIATER FORH B II{ TIE DISTBICT COURT IN A}ID FOR 5I.IATER DTVIStr,OI{ NO. STATE OF COI,ORADO CaaeNo,v-./4U ,:_i_:.._ o/l*/l e_ IN THE I.IATTER OF THE APPLICATION TOE HATER RIGTilS OF JTI,LIA!{E, PEAIL I-AND -COSPIINX_ a Colorado corporation IN Garfield c0tnttY._,- APPLICATIOD{ FOR I{ATER RIGTTI (Underground or rell) ) ) ) ) ) 1 ) ) ) ) ) 1, Name of Addrees applicant: Ii1]i{ns P-eax l'ana EmpSIy - - -- of appllcanE: c/_o.Apqle .Inn-e! suTtlig\t skr Area. Glenwood Sprir,gs, Colo. ZLp 8160I F+r# Tetephone nuurber of, aPPtlcenE: 2, t{ane or numbet o[ wel,L, Lf arrY: Ranch WeIl 945-5225 The Main ?IeII .end lhe 3, Lcga1 deacrlptiou of locatlon 'The Main WeI.l is located 1'175 2,245 feet'"ffum 'tEo North llne R.. Bg I.I. , 6th P'M. of wellE feet fron the tgest lineof SeetLon 331 Ttr1.. ? S;, and andTlre Ranch lieli ls l.ocated I,245 feet from 2?295 feet from the North IIne of SectiouR. 89 W., 6th P.M. the wsst line ], tp. 7 S.t IN 1'III N]IJ'I'II]C'I' COURT IN I,JATRI? DrVISl()N ll0. 5 s'I'A'li, ()1,' colon^Do CASE r.r0. 1l/- 1216 AND FON 1116 l"\iin t,iell. d#v'*!!W ?Wvv r'"v.v- ! - .,v FULING OT TIIE RIIFERDB /rR S OLUTE DECREB }'OR ; @'t[ri.RJoltTs IN TIIE MAI'IEII OI.' TIIIi APPT,T(;ATI()N FOR I.JATI.IR RIGIfflj OiT ItIILLIi\P1S FEAK LAND COI'IrAbIY IN TgB IIO;\RING rOill( HIVF]II OH 1'IS TIIIIJU'IAI?II'S TRIBUTANY INVOI,VF]D: FOUR b,il.LE CI{I:EK 1N GARTIIILD COUNI'Y 1. Name of Applicant Address ) ) ) ) ) ) ) ) ) And the Referee hzrving made the investigationa required by Article 21 of Chapter 14Br C.R.S. 195]r as arnended does hereby make the following rulingt to witl ' This application was referred to the Water Referee of Water Division No, 5 on the 12th day of JuIy ' 197L. Wtltierns Peak Land CompanY clo Apple Inn aE Sunlight Skl Area'i Gleruvood Springs, Colorado 2. The n;rffe of the structure i's The l4airr Welt ]. Ehe Legul dcscription of the structure ia: fhe well is tocater irr the sWtrfril,ll of Secrion 33 T. 7 S., R; Bg W. of the 6Lh P. M. at a polnr I 175 South of tl're t{orElr __ rr. fUe de4h of__the wel'I fcet iiasl: of l i.ne of sald is 360 feeE. thc l'lesE llne and Z?45 Sccelon 33. l- i r...'l',-l i iI,l \V,','i'.1r,(,' HECHVED"' ' . I t 1. 2. rNsrHUcnoNUA,{GEor/vr{Ensgg6r_gXXlg$NconnEcnlmronil'.ruuvigx The brm must bg.[ypewritten or printed in BI-ACK INK lnltialand date any changes you make on the form.' t\' THIS FORM IIAY BE REffiODUCED BY PHOT()COFflNG OH WORD PROCESSING MEAl.lS. INCOMPIETE FOHMS VYIII. BE REruRT{ED. ATTACH ADDMOML STIEETTi IF MORE SPACE IS NEEDED... Print the natv owner'$, nf,me and include the mailing address and phone number. ' , Indicate if the change in ownership/address is for a well permit, livestock water tarrk or erogion aontrol dam. Be sqle to lnclude the prooer oerrnit. tank or dam numher. Complete the well location information. tf the address ol the well location is ditferent than the mailing address of the own€r, include the address where the well is located. lf the owner has more than one well, provide well nams or number as designated by the owner: l.e. North Well. The actual well location must include Yt, V+, SEction, Township and Range. Check the appropriate boxes for Nofth or South and East or West directions. Complete the Subdivision, Lot, Block and Flling informatlon, lf applicable. Complete the location information for the livestock water tank or erosion control dam. The actual location must include vr, Section, Township, Range and P,M. Check the appropriate boxes for North or South and East or West directions. Check the reason{s) for submitting the form, whether it ls a charrge in ownership/address andlor location correction. The qwner of the structure must sign. Print or type your flame ln the first block ff lt ls different from ltem No. 1. tf eigning ffi a reprffiantf,ti're of a conparry who owns the structure, then your title must also be included in the first block. sign the second block and date the tast btock. usE THts F0HM To G0BREGT THE LgqnoN oF youR wELL tF: A. Your well was permitted, registerrd, ot, Rrst useO prior to May 8, 1972 lor ordinary household PurPoses ln upto three slngle-lamlly dwellings, fire protectlon, tlrc watering of poultry, domestic anlmats, and livestock ort farms and rarrches and thd Inlgatlon of not oi/Er on€ acre of home gardens and ldwns, B, Your well is not of the type descrlbed ln A above, but was permitted or registered prior to May 17, 1965. lnslde the Designated Ground tflater Baslns, other proeedures and puhlication may be requlred. C. Your wellwas decreed by the Water Court for the correc.t locetion. rN AtI OTHER G,ASES USE FORM GUtF4z All dter t}rP€s of dtangee conceming l-iv€stoct Wdff Tanla ard Eochn Confd Dams strould be submitted on the etandard Permit Application lorm and be accompanled by a $16.00 filing tee. lf you have questlons, contact the Denver or the DMsion ffice where your welt is located. 4. Dtvtslor.l 1 800 8th Ave Rm 321 GreeleV CO 806S1 (8trr) 852€712 DIV]SION 5 Box gg6 S0trlg u$ Hvqy 6 & 24 Glnwd $pgs CO 81601 (s{xr) 94s5665 DIVISION 2 Box sz28 219 W 5th Rm 22S Fuehlo CO 810ff1 o19) s42-3S68 DMSION 6 Box 77..a4,fl 625 So. Llncnln Ave $tmbt $pgs CO ECF.TI (803) 87s{e7e Dl\rFIOf{ S Box z6e 422 4th $r Alamosa QO 61101 (71e) 58s6683 DNISION 7 Box 188o 1474 Meln St Durango CO fig0a (303) 247-1845 DIVISKIN 4 Box 456 1540 E Niagnra Montrose GO 81402 (30s) 24ss622 DENVEH OFFIGE Rm 8fl1 1318 $herman St DenvEr CO 8(EB (s00) 86Gs581 E 6. ROY ROMER Goverdor , t JERIS A, DANIE $tsle E.roin. HFCFII DECgS "$rirE sirocoto DIVISION OF WATER RESOURCES WATEF DIVISION V OBLYN J. BELI- OIVISION ENGINEEN P.O. BOX 3S5 I4?g GRAND AVENUE GLENWOOO SPIIINGS, COLONADO 8I60? s45-5665 March 6, 1992 INSTRUCTIOHE FOR HOt{ TO RECORD A UNFERMIBIED EXIEtrING DECREED ABSOI,UTE WET.,,T, WITH THE OFFICE OF THE STATE ENGINEER 1) The current well owrrer/owners mustthat the vrelt be recorded pursuant to uge and }ocation match the decree. A enclosed. submlt a Ietter requesting Decree, as long as the weII copy of the fleclee most be 2) Addltiorially 1f the ourrEnt welI ownEr,/owner6 d1f fer, they nustsubmit a CHANGE IN OI{NERSHIP / ADDRE$S FORM irrcludtrrg a $f . OOfiling fee. 3) The above most be eubmltted to: OFFICE OF THE 6TATE ENGTNEER DIVISION OF IfABER RESOURCES 1313 Sherman Street - Room 818 Denver, Co 80203 If. you have any questlons regard.lng thie .proc_edure feel free tocontact your Divlsion Offlc'e ot'our-Denver'Of fice. fr*o, ffiffiil;;";ou/,{aa-ft**d ft*lfu rrfl-"Y&*ituu*/l/o 6ffi; f* &tu ,-**frfr*il; "W ry ntu{rt '# t#*t ;A, -**tk *oo * & no/, { ffi';ffi"h HEEHVFD 0Ec s 3 r9g r1,.,rreffideEE SUNLIGIIT IIUN 10S58 Cclunty Road 117 Gleuwood Spriflg$. CO 81601 (808) 945-5885 ffiou ,C{o* H**r o f{.-truc*y." H#- rt)l dd*fu 6 BE/19/2063 1?:45 974347t SUNLIGHT l-lTt'l INN Owsns, Governor H. Bo.evefllo, ExeclrNs DIISCIOI lo protoctin0 and lnproving the hDE[h and envlronmonl of lh€ peopl€ o, Colorado Leborarory Services Ovtsion 6100 LovYry 8lvd. Donv6r, Colorado 80230.69?8 (3O3) 692-3090 !aBo o2 Ctrerry Creek Dr. S er. Colorado 60246-1 5lo ;;;i*il;iL, -ir*rl"eness. Ir is recommended that sufficient storage be provided so that the inimum 30 minutepontact time is achieved. [123] our public wat6r s]6tem records do not cunently lnclude a copy of the well driller's log that thc driller as required to preptre at the time the well was constructed' The log contains valuableti,f:T11"::b"* your well was constructed, including sorl types encountered, depth of well, depth to the screened STATE OF COLORADO (303) 692-?000 Line (303) 591-77OO rn Glendale. Coaorado 0252 County Road I l7 SID No. 223725 rlight Mountain Inn eld County waler treatment facility lisred above was recently inspected by Julie Weatherred of the Colorado rnment of pubtic Healih and Environmenl, on Uehalfof rhis department's Technical Services Unit of Water Quality Control Division (WQCD). :d are your copies of the WQCD database report for the inspection performed on Ma/ 2,2001. the inspection, the following items were noted &nd need to be brought to your attentlon: Violations ofthe Coloratlo Primary Drinking ll/ater Regulations: re inspection revealed rhar rhis system does not provide a minimum of 30 minutes chlorine cont8ct time requi."d by Article 6, I .10 of the Colorado Design Criteria for n_ew systems' This could result in Springs, Co stooi of Waterr Treatment Facility Mr. DuBois: Other Observations: w€re no violatlons of the Colorado A8l19/2A63 l.?:45 9789471 SUNLIGHT IVITII INI..I PAGE A3 unlight Mountarn Irin 10,2003 2 rval, formarion, etc. Please contact the State Engineer's Office at (303) 866-3581 to obtain a duplicate of the well log, [206] of raw watel sample analyses for bacteriological samples were not available. It is good practice know the bacteriological quatiry of the raw water even if the source is disinfected prior to distribution' is recommended thbt raw water-samples be analyzed routinely to document the raw water quality and to in the investigation of any positive bacteriological sample results. [209J well vmt does not extend twelve (12) inches above the ground; thercfore, is not properly constructed prevent the entrance of contaminants into thc well' [216] is recommended that the system have available a schematic diagram or drawing of the system that icts the location, gize and capacity of key elemenls including $ources, PumPs' treatment processes' age tanks, disrribrftion piping, ,rirrc", hydrants, antl back flow prevention devices. This inforrnation ill be useful in case of emergencies, or if the operator who is familiar with the system becomes ailable. [501] is recommended that each system have a written equipment prevent,ive maintenance plan consistent rhe equipmenr irrstalled ai thar syslem and based on ths specific recommendations of the equipment . Such a plan will extend the life of the equipment and minirnize the chance of cataslrophic lure of vital systern components that may result in thl inability to provide any water at all or water that a risk to conBumers' health- [505] the time of the inspection, this syslem had an alternative source of water not used on a day-to-day basis r coutd be diverted into the distribution system. It is recommended that the system develop a written for how this altefnative source of water could be placed on line in a way that would ensure that are provided water that meets the prrmary drinking water regulations. [602] thc time of rhe inspection, there were no written records or log sheets to indicate that the operator,in ponsible charge, or a person delegated by the operator' is marntaining system equrpment in accordance ffi;;;t;ilr'rna."irtenance*plan based on the equipment manufacturer's recornmendations' t the time of the rnspection, there were no written records or log sheets to indicate that the operator in Iiuge or a person delegated by the Operaror is periodically inspecting the system to ensure that there are cross connections,thai may introduce contaminants into the drinking water system. Oood practice tares that the systan 'oe roltineiy cheeked to ensure that it rs operating properly and to detect any alfunctions before the water quality fails to meet minimum health-based quality requirements' [606] f you have any questions or need additional intbrmation, please call me at (303) 692-3659' At this time I vant to thank you for your time and cooperation during the inspection s6Eo W\( iarlierrl\Sunlight N4ounurn lnn-050903- l W dot B-d/13/2403 37A3471 SUNLIGHT N1TN INN Mountain lnn 10, 2003 'age 1 incerely, Weatherred vironrnental Proteotion Specialist Protection Divisron Colorado Department of Public Health and Environment, CPD w/o enclosures Colorado Department of Pubfic Health and Environment, WQCD w/o enclosures Dwain Watson, District Engineer, WQCD 9EB O FAGE 64 i W\(iarijclrJ\Sunhght Mtrunuin lnn-050901-.1 W doc Drt.! f rsrr1 t!,, I l,'a ltJao hn.r." I ,?25 Tl'.1 S|.J',LIG'ff ''OI'NTAIN INN op..,/clilo D.ta., or/ol ao 12/)l ,G Cialdta lar.ar l, J,anc^art l^ t[ \.sot' 1; M !^v leco lao9- Crogu GIJEtrItrOD SPRJIES . -- -Do't[lttioa fE.trutlct trEtlrFt | .iggg',rggrfrr. 5o^r- (o^laaErrc-r.", eb.'..t ,?o^lag-s?ooll. Z,.rrceacTre, Ta't ODarrl,or 9id.t 970-915-5700 taillca goRLoc onar effirdtLffi. lr.a llyDo -T s5. D ODarrcor L.Y.l I C ,ru (I/I) r Y Oata r.ccE{. rd.qurt. lu/nl t t (lltl , X L&{.l.tE.torr ll-c.El6 tI/X) r IJ t.rt lioorA. (I/X) r Y sulight lM PlrrDerrhip ()n.ta Dbdter .O.tar 10252 Cowty .l€d 1.1.7 6@od Sprlbg ,trU4r CO II|0TISTI!ni ggrmmA zt9 cDd. tlt 916or h* lt aetvlced by rrtl ?107, ,s vell .a s|tt7lghc fiountalf, im (Nly 2 ^ 50 qr7 prP'eure canka) fC-O.rtlGld-2 Prtr I SUNLIGHT N4TI'] INNa8/1912183 1.2:45 97494719 ab O PAGE E5 t aL/?5/?OO' 2tt7t5 t'riprcrd rrrort tNtacr, TTSIDI 023 HIA tlzprt castyr Caxfzold lEaar J DrEer / ,4.,o tlp Ccdrr 01€0?^1900 !rtrc. ld?lhr Et.C.l CO 1 D IEf, lr6tl f-ecr Etrard omara (,6ara 06ara Cltyt s /7t /, 7 -, pri -5COrrg, B.,j/19/2AA3 12: 45 3749411 27377li lAAo !9IE!!48$Ilsllr &UIrlII III tdrc6 ID t 00.1 Il a! Pr.l-l XrEb.rr ,ol Eallar rDr Ldtlrt r a lr1l,€ crcet Al,luvlst /tqulfer ,ottt (t/r) r Y L.{tri. lzlrl t J ealtbraila (r lrl , -f ' *til+ula 29 2a 06 lo.rltod.r 7o7 20 22 Dorlltttlro r 8odlw NypochTorita ,toauEtl6 (ItD).,lu! crl[clty (m] | totrl l..r.(turl CLlorlDrr o,2 leol.rl tlt. L.DiB!(i..c) PlD. velE (B.l ) ".!l_L_t till coErct Tlr r.dlr c8dltl* -------- torcr loccd fyprr d tourca cgC.r G rotrl , oa lacordrr .l ,tyF6chlorlnetiof, . PoDt r.l1 D.r,tl, 3bO tlrat DrNr 15 ,l laalL6 (t/51 r !I ?19. Cat.ct tlr Tot.! CstrcE tta turf.o. fi.l ttllt) rx rtlE.- ro *are. (t/rl I SUNLIGHT I,ITN INN Pr9a PAGE D'o tlD. ttnL 12: 45 9783471 S r0o SUNLIGHT l"lTN INN 87o-d/19/2483 Non-Comlnunity Ground Wator lnspection Report - Part ll a il/A lt Nor ZzS 12 {5.^l; ii not APpllcrblc 4 fom NCGWOI.'! nv0 00/t)l : / urr.r r l.564o 5L!l\L,l.(:n r lvl ll\ Ll\l\THI)L E'O rr - - ,r- __----!r-- }t-----J lll-r-- l+aaaaCianN0R-fiOmmunlEy i5roul lg YYa lrrr l! rDPEr, Lrrrr I ED^-a-{ - D-;+ llfrE,lJvlf - l.glf rl gPt) loin NULrwUl'J ,lOvL, uJ,vl a6t tal taos rl: {:) l I I I BAl19/2643 1?:45 37434719 Transmittal Form AV)o SUNLIGHT F,ITN INN 6t ilil tilil 3Y ?* 4- 3*lo fr*t J}.^P-,nr+t-t Neu/l}6r Uupnt For Rrrlcry Plcrrc (Conncrrt Plcrrc Rcptv ?rct , NGftTZE_€rr*rrrDutolr Plner 9?O4la!ll5 FB 9?O+{?.19O0 Enell' jddubol*ol.oo Drtercnt, ?-tq -oj Tincrcrrtr 2,.@ / Nurnbcr of parer tncludtna concr **'(_Er Atr @og2da;,rzb --- SuNlrcxr Mouxrem [xN Cornwf,rd 1l? F*w,910,115125 Fu 9?GD4?-IS EmIl; ldduboi€rolon6pdn!r, CO Ul60l lo o RECET\IED JUL 2 i 2003 . HRFELD CO{.'I{TY uJtD[.lG e Pu]TflitcIuly 23,2003 Mr. Fred Jarman, Sr. Planner Garfield County IOUNTAIN JNN tl g.,l ,t Building & Planning Departrnent 108 - 8th Street, Ste. 201 Glenwood Springs, CO 81601 Dear Fred: The following is our best effort response to your July 2, z}}3,letter c,ommenting on our original Special Use Permit Application of February 2f,2A03. The application is for the addition of four prefabricated cabin units on properly vr'here the present Sunlight Mountain Inn is located and operated as a 20 room Country Inn/Bed & Breakfast 5.02.M - The original application has been submitted and is in the hands of County offrcials and - is presently deemed to be "incomplete." 5.02.05 - A revised site plan has been submiued by Raul Gawrys. (1) The Plan shows access to Gar|reld County Road ll7. (2) The site is on the existing Sunlight Mountain Inn property - a well-drained site & free of stagnant pools of water. (3) Layout - See site plan as submitted. 5.02.07 - Site Requirements - The foui cabins will be placed on land adjacent to the present lnn and are supplemental to existing Inn rooms. (l) Setback distances are shown on the site plan. (2) Not applicable. 5.02.08 and 5.02.10 - Water Supply & Distribution - From our original application: "{ltilitiqs adequate to provide water arul sanitation based on accepted engineering stondardr and approved by the Board af Cou4ty Commissioners shall either he in place or,shall be constructed in conjtmctionwith the proposed use. \ On June 25 we provided your office with an amended well agreement, flow documentation, and water augmentation application which should assure a safe, approved domestic water supply. 5.02.1I - Fire Protection: General Requirements. - Each cabin shall have smoke detectors, appropriate fire extinguishers and telephone service for detecting, fighting and reportin! a fire. Existing Inn rules prohibit open fires and candles, except for special occasions supervised by anInnkeepr. ' 5.02.13 and 5.02.15 Sewage Disposal. All Units shall be attached to the Sunlight Sewage facility. See the attached letter regarding our participation. 10252 County Road I 17 . Glenwood Spnngs, C0 81601 . (970) 945-5225 . (800) 133-47 57 . Fzu (970) 941-1900 q) ?a) S!\.\) *t .q)at 1r.s'S-s \ siSts*a\!() SN *a SIs\5 July 23,2003 Page two Mr.-Fred Jarman , 5.02-16 - Electrical Distribution. AII Stewartlabins are manufactured with all electrical service complete: only needing hookup at the main panel to be operational. Either u +OO u*p-oi iOO -- amp service to the Inn & cabins will be installed according to all-required codes. 5-02.17 Service Buildings. - Each of the four cabins are sleeping units with complete bathrooms and kitchens. The only service Building will be the existing Sunlight Mountain inn where management offices and some storage will be located. While the cabins are located a short distance from the main Inn building their facilities will be the same or improved over existing Inn activities. 5.02.18 - Not applicable. ' 5.02.19 - Supervisiol - General Requirements. The owners, Innkeepers live on the premises and are responsible for all operations.' Guests staying at the Inrq including cabins, are responsible for their conduct. The Inn provides daily maid service and fiash removal. No pets are allowed at the Inn and pest control is the responsibility ofthe Inn management. A professional pest control contractor servicg is hired- 5.02.20 - Misc. Regulations - Not applicable. In addition you have required setback distances from live streams (F6ur Mile Creek). Please review the amended site plan which points out the high water markof Four Mile Creek and the 30 feet setback. We hope this information compl€tes our application. Please contact us if you have questions or other concerns.. Sincerely, (\,vfJ"rr-rL fl &etcherur and Pierre DuBoisInnkeepers ( Pdb/ \ 6/?'fizryrc,vTom LIc Braycr Eg I c rl-0tI = .,".i:::t:trJ.::l p6 970.9t1S,749j_ Fax97O.945.44X7 e-ncll su ninfo@sunl ightmtn.corn February 18,2tP3 Garfield County Building & Planning Department 108 8'h. Street Clenwood Springs, CO 81601 To Whom it May Concern; This letter is to cenify that the Sunlight Mountain Inn is a panicipating entity in the "Agreement forr Joint Use of the Ski Sunlight (Sunlight Mountain Resort) Wasterrvater Treatment Facility". The wastewater facility is in good standing with the Colorado Depatment of Health. I am aivare of the Sunlight Mountain Inn application for a Special LIse Permit to place four rental cabins, of approximately.l00 sq. ft. each, on the 1,75 acres now occupied by the lnn. The currcnt treaunent plant is adequare l.o accomrnodate these proposed addrtions, In addition, Sunlight Mountain Resort is proceeding u'ith the instaliation of a new 50,000- gallon facility, which shr:uld be instalied rn the near tuture. Sunlight Mountain Resort suppons the additiun of the cabins and will cL)ntinue to provide wastewater treatment. Sincerely, Corporate Acc:ountant Sunlighr Mountain Resort l I I I , _l l\) s''ao 7-6i)6" B. h)'o- ((\ A 6)'6i) o- .. z-o-\E{ v-6-E,=m ., ,. ,rdloo, ""r""J-"o". cA eb'q88&s- C.r).\,'oo -^ a,oo^*;!:,y. -o- 9b { _tso + Nso'o ? ^s .o*\ \o .SY .b*' ss;$ s-d-*Sc q.{ '^&g\\^S s-'sloD5\ )Q 8' 6.c, p :\o(jo'o *as -'q q .b.0 .-'s j "*T ili . 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"-Tc, / /"./ ', ,d - r-- .\ A\ -b oYoo ^"'€e*s1"' "$-"q::'ss f.O -\J cy{- a.' _..y gt' ,:. -: .'\ s o)o 6' o Eo o): =(o ?,zoA o G) O) Ni(, m -^) +a- i*t,.$*s f . Ae1"' ,' t\ A t(t( " *s' ,.{*;"{$p .$'T J ,t15""**" "Jot'. \.fl VY t RECEIVED JUN 2 5 ?003 I. APPLICfu\1'[I;B'O Currext lanucry 200i APPLICATION TO I.EASE WAT"ER }-IIOM WEST DIVIDE WATER COI{SERVANCY DIS"TRIC'T \arne:S MEL--.-*_= \{arling ad,hessr c/o N{rg.haei Bodnar. 290 ljnion Hill Drive. -. Juits i00. Birmineharn At3.f2gL_- l'elephoner ,615-23-l'2334 * - Autbonzed Pgent:Ilalcomb & Greeru FC I. WATEN. COI,TRT CASE # O2CW22I 3. USE OSWATER f RESIDHI'{TIAL (check applicable boxes} I Ordrnary household use Number of d'aellings: I Suhriivision: No. corxtucted units:-- No. vacant lots:- I Home garden/lawn rrrigatron of ---- sq' ft, Method of itrigation: Il flood D sprinkler tJ drip A other -l Non-comlncrcial anirnal watering of -*-- anirrrals Il Fire Protdcfion WelI Shail4g Agreementfor mukiple owner wells must be wbtnitted. f COMMERCIAL (check applicable bores) SJumbcr of nnits: 40--Total sq. ft. of comrnercial units:3ppgpg l3.oop =----_ Description,of use; -T todge locatd uoon SMPproperry contdninEfortv (40].&test * rooJns. a-{gl[aurant gith fiftv (50) sgets and a bar&lun(q with tiftv* i50) seats uLd rclated lawn imsation of up to 3J00 sq. ft-- * : INDUSTRIAI, Description of usc: Ovaporetion: lvfaxrmum water surfacr ro be exposed: --__Description ufany use, other than evaporation, and nrelhod of diversion, rate of diversioq and annual amoult of diversion of any water withdfawn from the Pond: f, MIJNICIPAL Dcscripdon of use : 4. SOUR.CE OF WATER Srrrrchrc: Well -Strucrure Narne:See txhibit A. attached Source: DSurface [JStorage X Ground water Current Pcrmit #(if applicable) fl Drrect Furnping: l'ributarY:* I- oc ation: Epur MrlE Creek-Dr3.ne&----_-. Distance cf well fi'om scction llncs Elevation: Well location address: (Auach addirional pages /br multiple structures) 6. LAIID ON WHICH WATER WILL BE USED (Legal description may be provided as an anachment.) Sec Edribit B- attached -_--- - Nunnber nf acres iu tract: 1.75? - - Inclusion into the l)istrtc$ at Applicant's upens€, moy be requlred ?. TYPE OF Sf,W'AGE SYSTEM X Septc tanJdabsorption leach lield iCentral system f,Other f)istrict name: 8. VOLUME OF'LEASED WATER NEEDED IN ACRE FEET: 2.0 (minimum of I aore foot) Leased dn ount based on diversions unless contraclee kas En sugrnent€tlion plan or subnits sapporting aonthly engineering dsto- Colnmercisl, municipal, and lndustrial users must provide diverslon and consumptlve dats on a monthly basis, A lotatizlng fiow ,netet with remote readout is required to be instslled aad usage reported tu lTest Divide. See Exhibrt A. atrached County QrJarterlquarter Qurrter SEction Meridian Township Range Pnncipa) Applit:*nt expressly aeknowledges it has had the opportuniry tu review the fristrict's form llater Allotrilent Contact and agrces this rpplieation is made pursuant and sabiect eo the tenns an'l ffiru*"r contsined thereln" Application ou*, .,4 -!- 02- -- EXHIBIT A I}ARTS 4 & 5 OF APPLICATICIN I SOURCE OF WATER ANd LOCATION OF STRUCTURES The water will be diverted at the following structures: 1) Main Well (a) Permit No': 047855-F (b) PumP Rate: 0.11 c.f.s (c) Elevation: 8,160 ft. (d) Legal Description: sw1/4 of the Nw1/4, sec. 33 T.7 5., R.89 W.,5'h lr.M.; located al2,?A5 ft- from N. Sec. line, and 1,175 ft" from w. sec. line. 2) Ranch Well (;ri Permit No.: 04872'F (b) Pump Rate: 0,055 c.f's. (c) Elevation: 8,160 tt. (d) Legal Description: swu.i of the hIWl/4, Sec.33, T.7 5., R.89 W.,6'l' P.M.; located at2,Z95ft. from N. Sec. [ine, and'I-.,?,45 ft. from w. sec' line. Exhibit B l anlcT ot LIIID st?uJ\afD Ir tltr ar1./aNn1/a Attr, t,tl, tftll/4Alt/' ot aactBloN 33' roHNaBtP 7 Aor,!t|rl, nrN(il, 89 I|ES:! Otl. trrli SrxtIB DBlttcrDl! t'tRlDtrl'll' LYrNC touTllrn&y o, lls -oE lt|Eltir.i' rt,rcltlir or ]tAY r.rvt olF t 9t'B&rc Ro]D ]S CoNETltL',Ct|E'D ttrDrlrPI.let,saIDDlRCtLorratrDDtScBrIlIDlstoL'JoDfg aEorEnrrNo lli r Ponf,r gflllDlcl3 r'rlt tlcaror cottNrB COIGION TO grcaloNlr e7' za' 33 }IID 3' IN SETD TOrltlr:STIID AL{D RINOA I!II'': N 6a Dtctntt.9 '5-l ' oon !. 5246"10 EEIF, TIIDlrcrx.7aD!6ttEE4..,.3^8.152.{arartl,I.oNeEI|EsoUTtCnJ,Yn'rcH]rorwrYoF SllD BOID;,rtlt}tclf cotflltlt,txo ll.oNo g^ID nolD oN .8II roLLorlNta cot,l'!l , 'rr- 65 alGEElS !r' 20' t- 176'69 rEt; trlllrcrl tl , 01 DttltrBtt oo' 3t* a- et'at !ttr; aH!trcE 8. 6a D!Gll,33t o!' ,1' t. 92'!5l, rflT; sn,ErfC.B 3- lra DSenEtt 5?' 36' t' 216"11 ra38; rtrEltlct DtDln.rIxO tllD coullt!:r torD !. ?3 DtentlS g9' '3* r' ,'91 '2'l Dtt.l'; atltDrct ra. a? Dlatrltt tor ootr x' 't'oo xEltr sHtrrcr tI. e3 DacBran' !i9' oo' r' 215.OO 't.;Bt,ltltrcf 8- 65 Dtontat 53' 30" r. 105-oo 7il;'?F:, arltxcf !t. 6t Dlc!rrarr !o' 2(ln r' ll'oo llElt; rEtxcti..3.DEGtrEr8'a7.ao{t,.3o.ooItat'oEtr!DorxlEo'llcillfr|tlllc:. l&30 DaaentDED lt: A t!e,Ac!r ot LItfE' 3rlPuif,f,fD It' lrllG 'r,t/'!J,r]f/{ NG' !A' tlltf/"Ul/' ot rlctloll 33' Ilorxat|ID ? tot':rl, AItrE 19 l!!r stP ,I'I|! alxllr PIl:ExcID,\& lcrtlDlt'lt', tixlNcl lrouz|Httc&x or aE tot !rtl!r&x lron8 ot rrtx t.tut ot I tt'Dt'Ic IOlrD A' coNtzlruca|tE ltE rlr PIA,e!, 'rlD DllcfL o' LIID I' D,SclltED rr DoLLoSl: taoaxutxc rtl r Dottai! IElNqi IHI aacSrou conxlli coto5lt' .ro ttc|8IoNlr 27' 2t' 33' AXD 3a aH 3 rD rordrBrD MD tltfcE llElll : x. Ga Eltclrrltt 5?' OO'I,- 5ea6-1O YEET; Al|ltlq! tf' 72 DECtlllt "' 16^ -' 132'{3 rElt l&ol{G: llllll SoutllIlSEtX Rtcrllll o, ItY !l![t or tr:D norD, .IIIENCT N' '15 DE(,REIS ,9' aon t. 1?6-60 rEEtE tlollo lE lor,TEn&I rtettT Or'rlY &rts8 or lllD RolD, rHtlrgtr !f. !1 DacilEES O0' !3. r. a9.!t rfft' l&€iilo tlIE 8Ot!!B^anLY nrol(r or n Y LIt{t or s}zD norD, ttttNg! E' '5 DreilStr o!' 'a'8' t3'50 rrrtl l''oNo IllrE rouTEruLy tlctatr ot r|Ll: llrilf ot SIID rolD; EtlaNct f- aa Dreillat s',. lca a' 216-a1 I.Ml&ort6 aE rou"srcaEv Ia(,E! or Ef,Y r.rtat o, tltD Rolr'; .!HaN€E A' 59 DtGEr:a8 3!, 3an E. 1!'|5-t5 'tE? l&otacr 8Bt sottl!'tlla:&Il ltona ot EIl' LtNl or 5LID n,olD;3B8rrGE'.1'D!GIR:!.2.,,2c-l,.t.1.9.iF3taj:rBttfq!N.53DlcR]Es.o. 196 E. 2!i0.62 rEttr; ttfNdt N' 52 D!OI,IAs O'' O?n I- 1'9''6 HI;ST,' lrtrlNct tt' 71 DtqtrULtS 25, 2!. $- C'l .Og r!E|I', rlllaNcE N. ?9 D'AiEIt "' otr tf' et'37 rE88' ErltNqD !r. ta D!GlR8l8 35' OOr r. 100.9? ']]Er; alrilcE ll" 37 Drontts 51 ' (,5" H' .E. C, fB!'Bi '.,.'11c' ti,' 11. D!G!11t!a l,t. !.i I' .l' . ta r-!i! j ft.ar,c! }.. !? DE{'nD!' 3.,. 20. n. 3O"9! llE8r; rBltrrqE N- 18 DTG|EIEE 16, {!'t. ao,a5 DIET AO TltE 9orNT ot rtortwltge. r:.AO DE.BSRIIED Ig: LOE 1 STATI,XGIilT IUII 8}EHPATON r.? Ttf! gI.ll! nrcGntlfr' IPBrL 7, 19EA rs n.EctgtIotl r80 ' ,ro'.l', ' cot tfEt ot (l Efal&D s?A8E Or CoIJotlDg nL-/_l/ L a d* I..-tlb*t 'a \-\ \lI 5ue!rl V[.] I i .} 9Or.,,RCE: USGS J:t'100G TOPOORAFI{IC t{AP CATTLE CREET{ OUABRAH0TI GRAPHIC SCALB looo ?ctgtt ( iN rEEr ) 1 lneh = 1000 ft. EXHIBIT MAP SUNLIGHT INN AND REAI*TY CO., LLG +,. \ -r t--- tlAims'e * I */'-i': k \s 1 SCHMlit.SiR GcRtJON lvlEYir',- tlE rY. Sth Strget' Su:;e ?O0 ffi 1!,f iilT Fi!"' if ,if ',ult-, n u, ,q.oi'". -c iroiio" (97c) E?i- 572' ,tl 7t Itr tl .1, t ,tII i t:! l::.,.'-rt, I t I L 1000 ? scliMltstt\ ! ccHD0N ltlEl'ER J{( t(,^t a tuxv't0I5 AunxnMENT ro WITER Usn AcnnuMEI\T THIS AMENDMENT TO WATER USE AGREEMENT is made this _ day of May, 2003, by and between SL|NLIGHT INN & REALTY LIMITED LIABILITY CO., a Colorado limited liability company ("SIR"), and SIINLIGHT MOUNTAIN PROPERTIES, LLC, a Colorado limited liability company ("SMP"). Rrcnlrs A. SIR and SMP are parties to that certain Water Use Agreement ("Water Use Agreement") dated November 28, 2001 and recorded in the records of Garfield County on December 17,2001 as Reception No. 593802. SIR and SMP are the owners of all the property benefited and burdened by the Water Use Agreement. B. The parties wish to amend the Water Use Agreement as provided herein. NOW, THEREFORE, in consideration of the mutual performance of the covenants and conditions set forth in the Water Use Agreement and in this Amendment, the parties agree as follows: 1. Paragraph 3.a. of the Water Use Agreement is hereby amended to read in its entirety as follows: SMP shall be entitled to use water from the Water System to provided domestic water to a hotel/lodge located upon the SMP property containing forfy (40) guest rooms, a restaurant with fifty (50) seats and a bar/lounge with fifty (50) seats and related lawn irrigation. 2. Capitalized terms used in this Amendment shall have the same definition as set forth in the Water Use Agreement. This Amendment shall take effect immediately upon its execution by both parties. Except as amended hereby, the Water Use Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment to Water Use Agreement effective as ofthe day and year set forth opposite their respective signatures. SUNLICHT INN & REALTY LIMITED LIABILITY CO., a Colorado Iirnited liability company Date: Its: By: SLINLIGHT MOUNTAIN PROPERTIES. LLC. a Colorado lirnite{ liability company Date: tr\' \ot tt AUrcXOMENT tO W.ITER [iSU ACNNNMENT THIS AMENDMENT TO WAI'ER USF. AGREENIENT is macle this --_* day of May, 2003. by a,rd between suNLIGH"l'lNl-t & REALTY LIMI'rED LIABU-ITY CO., a Colorado limited liability .i,,*pun-, (..SIR,'), and SLIhILIGHT MOLNTAIN PROPERTIES. LLC, a Colorado timited liabilit-v compa$y ("SMP"). Rnctr.rts A, SIR and SMP are panies lg that cerlain Water Use Agreement ("Water LIse Agrcement") dated November 2E, 2001 and recorded in the records of'Garfield Coun6- on December 17,3001 as Reception No. 593E01. SIR and SMP are the o\4'ners of all the propcrty benefiteC and burdened by the Water Use Agreernent, B, The parties wish to amend the Water Use Agreement as prol'ided herein. NOW, THEREFORE, in considerarion af the nrutual perfornunce of the covenattts and culclitions set forrh in the Water Use Agreement and in this Amendment, the parties agree as follows' l. Paragraph 3.a. of the Water Use Agreernent is trereby amended to read in its entirery'as f'oliorn's. SMP shall be entitled to use water trom the Water System to provided domestic water to a hoteliloclge located upon the SMP properry containing tbrty (40) guest roorns' a resraurant rvith fifty {50) seats and a bar/lounge rvith frfty (J0) seats &l}d related lawn irrigation. 2. Capitalized terms used in this Amendment shall have the sarne definition as set lbrth in the Water Use Agieernent. Thrs Amenclment shall take eflbct immediately' upon its exccution b1' both parties. Except as amended hereby, the Water Use Agreernent shall remain in full force and effect. lN WITNESS WHEREOF. the parties have sig+ed tbis Amendment to Water Use Agreetnent effective as ofthe day and year set forth opposite their respective signatures ST]NLIGI.IT'tNN & REAL-|Y I.IMITED I.IABIL,ITY CO,. ,^,,,Jp48- SI.iNI,IGHT MOT]NTAIN PROPERTIES. LI.(-.. a Colorado linrited liabilitl' conrpan)' By: Its: Date B)' ,rr'.furl"/" [}-ce. fio*-' l)'f /- z- March 18,2003 Sunlight l\{ountain lnn 10901 County Road 117 Glenwood Spnngs, Co. 81601 ATTN: On March 17, 2003, a well te$t was conducted on a well on the Sunlight Mountain [nn Property at 1@01 County Road I17. The fbllowing information wrs obtained, lVell Depth --40' Casing Size----- --7'" Stecl Standing water level-----*- -----18'- 1.5" Total test time-"------ 4 Hours Drawdown to -------.. ----*----35'- 0" Production is -------- ----*----7 GptvI This test was conduded with % Hp Pump. The well recovered back to 22' " 4.75" in22 Minutes. tf you have any questions please call rne, Raurr Samuelsort at 970-.945-6309 Sincerely; /a#- Raun E Samuelson Samuelson Pump Co. BscslvE"D \uN 2 5 ?$ut ,tss*Essil* i1 ,F fL''' $f{,W#$ ;.*'l #F' P,O. tsox 297 c Glenwood Springs. CC 81602 . (970) 945-6309 o Fox (970) qA7'gM$ l$ster Sy.sferns ' ,So/es, Service & lnsfollstton =]- The proposed Sterrart cabins are not 20' f:O' in size, nor do they meet any of the construction standards noted in the definition. The cabins are considered to be Recreational Vehicles (RV) and are built under the American National Standards Institute (ANSI) Code 119.5, which makes them persona! propefi, that theoretically can be moved around on public roads with a motor vehicle license plate. The Zoning Resolution does not use the term RV, but a "camper vehicle" is the equivalent and is defined as follows: Camper Vehicle or Trailer: Any vehicle or portable structure designed to be transported on, or towed behin4 a vehicle and designed to permit temporary occupancy as living quarters; it shall be considered self-contained if it includes a toilet and a bath or shower' Given the classification of the structures as camper RVs, it would seem to be more appropriate for the applicant to apply for a "camper pak", under Section 5.02. A camper park is a Special Use in the Commercial/Limited zone distric-t. A camper park can be added to the existing facilities on the property, without having to make any changes to the County building code or zoning resolution. lf Mr. DuBois made application within the next 60 days, it would seem reasonable to assume that an decision on the application could be made priorto next spring's construction season. o Page? r-l r. ,l Page I of2 Fred Jarman From: AndY Schwaller Sent: WednesdaY, JulY 31, 2002 9:54 AM To: Fred Jarman Subiect: RE: Stewart Lodge Cabins and code Erar{ I don't think they would work, but take the tour. ---Original Message----- From: Fred Jarman Sent: Wednesday, JulY 31, 2002 8:33 AM To: Andy Schwaller Subiecft FW: Stewart Lodge Cabins and code Andy, Here is the response got back from the folks at Stewart Cabins about their standards. What do you think? Could cabins like these be placed at Sunlight Mountain in Garfield County? My feeling is no let me know. Thanks, Fred ----Original Message----- From: Mark Taylor [mailto:mtaylor@stewartlodges.com] Sent Wednesday, July 31, 2002 8:36 AM To: Fred Jarman Subject: Stewart Lodge Cabins and code Fred, Thank you for inquiring into Stewart Lodge Cabins, & Camp Buildings ! Actually, we build to two different Codes. Our Cabins, (Which are considered by law to be Recreational Vehicles) are built to ANSI Code 119.5, but our Bath Houses are considered modular or portable buildings, and are built to UBC/lcBo codes. (Therefore, in most cases, they are taxable as a property improvement, just like any site built building would be, whereas the cabins are exempt from property tax, and tagged each year, like an RV). For further information on ANSI code, you may want to contact William Garpow, Executive Director of the Re creational Park 7/31/2002 Page 2 of2 Trailer lndustry Association, lnc. (R.PTlA). For your convenience, you can take this link to their web site is RECREATIONAL PARK TRAILER INDUSTRY ASSOCIATION, lNC. lf you would rather, you can call Mr. Garpow, in Newnan, Ga, at 770-251-2672. lf you would like to know more about the construction of our cabins, lwould be happy to arrange a tour of our plant, which is located only 2 % hours away from you, in Delta, Co! We are very proud of our cabins, and when you see them, l'm sure you will see why ! Thanks again for checking us out, if you have any further questions, you can contact me via-e, or by phone, toll free @800-989-8243, Mark Taylor 7131/2002