HomeMy WebLinkAbout3.0 BOCC Staff Report 09.08.1992l'i
PIIOJECT INFORMATTON AND STAFF COMMENTS
RECLT IESl':
APPLICANT:
T_OCATTON:
SITF DATA:
WATFR:
SEWER:
ACCESS:
EXISTTNG & ADJACENT
TONING:
I.RELATIONSI-IIP TO THE COMPREI]ENSIVE PLAN
BOCC 9t8192
Spccial Use Permit for a
Resort.
Barbara trasching
A tract of land located in lot
2, Section 10, T8S, R88W;
located approximatelY one-
half mile south of
Carbondale olf of C.R. 118-
The site consists of 14.5
acres.
Individual Well
Inclividual Sewage DisPosal
System
c.R. 118
A/R/RD
. Area ol Influence as designated on the
Map.
The site is located in the Carbondale Urban
Compretrensive Plan Management Districts
U. NFSCRTPTIqN OF TI]F PROPOSAI,
A. Site I\escriltion. The site is located on a bench above the Crystal River and across
from the Carbon{ale fish |atchery. Improvementsipresently on the property include
a resiclen rx, aZbeclroom guest house, a manager's cottage and various out buildings
(See attached plans). The Mt. Sopris Hereforcl Ranch surrounds the property on three
sides, with the main ranch, residences and buildings sitting below the property and to
the south.
B. project Description. The applicant is requesting to expand an existing bed and
breakfast lacility to a resort by the a<tclition of l6 guiest rooms with a 32 visitor capacity
in two separate buil<lings. This woulcl bring the total visitor capacity up to 40 people
e
III.
with t5e existing 4 bedrooms in the bed and breakfast. Neither of the new buildings will
be over 25 teet in height. Water will be suppliecl from an existing well that will be
treated. Sewage disposal systems (ISDS) that will treal.less ttran 2,000 gallons per day
by the use of low water use shower hea<ls and toilets. Access to the property is from a
private driveway coming off of C.R. 118. Fire protection will be provided by a
proposed pond to be builcl by the applicant.
C. Background. In l986,aSpecial UsePermil.wasapproved lorafitnessresortonthis
property for a <lifferent property owner. Since all conditions of approval were noI met
witiin the specifiecl timelines, the approval was ressinded. In 1991 , a bed and breakfas[
(boarcling/rooming house) was &pproved lor four (4) guest rooms, an owner's residence'
an6 a manager's room. This was recently modified to allow for the expansion of the
existing resi<lence for the owner's use an{ addition of two (2) bedrooms to what was the
owners coltage, for the manager's use.
MAJOR ISSTTES AND CONCE,RNS
l. Zoning. A resort is allowecl by Special Use Permit in the fuR/RD zone clistrict. A
resor[ is del-rned as:
. Dude ranch or guest ranch; hunting or Iishing camp, cross country or trail skiing
loclge (apy olwhich shall not exceerl twelve (12) dwelling units or forty-eight (48)
beds or visitor capacity), land used for the purpose oIrecreation, which provides
lo6ging recreational activities, dining facilities, commissary and other needs
operated on the site for guests or members.
This applicatiol meets the basic criteria in terms of visitor capacity and /or dwelling
units ancl .on b. classihed as a resort. There is no minimum size for a facility, nor
definition o[ what type of recreation the land has to be used.
Z. Water. During the previous hearing on the bed and breaklast facility, it was
proposecl to have water provided lrom the Town of Carbondale. That is no longer an
issue given the proposed well. Prior to issuance of any special use permit, a copy of the
apprwed contract from the West Divi<te Water Conservancy District for use of the
water shoulcl be provicled to the Planning Department. Additionally, verihcation lrom
the Colorado Department o[Health, DrinkingWater Division, that the proposed water
treatment meets the appropriate standards'
3. Sewer. The applicant's engineer has submitted applications lor two additional ISD
systems to treat sewage from the two additional guest facilities that will use low water
conserving shower heads ancl toilets. The combined capacity of all systems on the
property is less than 2,000 gallons per clay, as such, the proposed sewage disposal is in
compliance with County sewage disposal system requirements. To quality for the low
water use calculations usecl by the engineer, manufacture's documents will have to be
submitted that certify the water conservation.
4. Access. The previous altplication had requirecl the applicant to build a new access
drive to the property. Once Lhis was done, the most significant potential conflicts with
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the acljoining agricultural operation in terms of vehicular traflic were eliminated'
J. Fire Protection. The applicant proposes to build a line 20,000 gallon pond to be
I-rllecl with water lrom the wells for hre protecLion. A six (6) inch water line will be
placed in the pond ancl attached to a hydrant. The Carbonclale Rural Fire Protection
District has stated that all guest facilities will have to have sprinklers for [ire prbtection'
At this time, it is uncertain whether or not the proposed pond can provide year round
protection. Final approval of a fire protection plan by the Fire Chielshould be required
prior to issuance of any Special Use Permit.
SI IGGFSTF|I FINDINGS
1. That the application is in compliance with the Garheld County Zorung
Resolution o[ 1978, as amended.
Z. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues weresubmitted and that all
interested parties were heard at that meeting'
3. For the above stated and other reasons, the proposed use is in the best interest
of the health, safety, morals, convenience, orcler, prosperity and welfare of the
citizens of Garl'reld CountY.
on Augus t12,lggz,rhe Planning commission recommended approval, subject to the
tollowing conditions:
1. All representations of the applicant, either within the application, or stated
belore the Boar<l of County Commissioners, shall be considered conditions of
. approval unless stated otherwise by the Board'
Z. prior to issuance of the Special Use perntit, a copy of the approved Colorado
Division of Water Resources well permit #03094F shall be provided to the
Planning DeParlment.
3. The Colorado Department of Health, Drinking Water Division, shall approve
the proposed drinking water treatment system'
4. The Carbondale Fire District shall review and approve the proposed hre
protection plan, and the applicant shall make any changes requested by the Fire
Chief, inclucling internal sprinkJing for guest rooms in the new buildings from
a lunctioning water system or other ltre protection for the units that is
' acceptable to the Fire District.
5. The resort will comply with the State Department o[ Health, Consumer
protection Division, licensing requirements for a commercial kitchen, if required.
v.
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as badly as is projected for 1993 and it should be about $331000.00less. ttargaret explained that the 4E Federal money can be used any
where. Chuck asked if this could be used in lieu of a County match.
Margaret thought this might be possibLe.
There was discussion about the Library Fund and there was the
possibility of allocating a portion of the County sales tax to Pub1ic
Works.
There was discussion about the use of a Citizen Advisory Board to help
develop the budget for L994. The Citizen Advisory Board would bring
informition to the Board of County Commj-ssioners and help them better
understand what is going on in the County and the Citizen Advisory
Board will be able to project the Commissioners' problems back to the
residents of the County also. The goal is to have a geographically
well balanced group.
Commissioner Mackley stated that Garfield County's problem is not
Amendment I, it is the loss of Unocal revenue and Amendment I ties into
the problem. The choices are to reduce services, go to an election to
increase revenues or go bankrupt.
Chuck explained that the trust account money which was a donation from
Unocal is exempt from Amendment I.
Chuck stated that Staff could help by thinking of ideas for increased
revenues and reduction of expenditures. The Board instructed Chuck to
get an advertisement out for the Citizens Advisory Group. The L994
Budget -Amendment I Workshop was put on the agenda again for April L2,
1993 at 3:00 P.M. Dave Michaelson asked if Staff should be directed to
look at ways of increasing revenues and decreasing expenditures. There
was discussion about looking at all the fegs :I4=geg in the County
CONTINUED PUBLIC HEARING FOR A RESORT; LOCATED APPROXIMATELY L/2 I{LTLE
SOUTH OF CARBONDAIE OFF OF CO RD 109. APPLICANT: BARBARA FASCHING
David Sturges appeared representing Barbara Fasching stating that they
have an agreement but it has not been fu1ly executed. David requested
an extension. Commissioner Smith made a motion that the Public Hearing
be continued until 4:00 P.M. on April L2, L993. Commissioner l,lackley
seconded the motion; camied.
PAYABLE CLATMSAfter discussion with Chuck, Commissioner Smith made a motion that the
Board approve the payment of the bi1ls for the 2nd run of February,
1993. Commissioner Mackley seconded the motion; carried.
RESOLUTTON FOR THE APPOINTMENT OF COUNTY BOARDS
Commissioner Smith made a motion that the Chairman be authorized to
sign a Resolution Concerned with the Establishment of Certain Boards
for the Conduct of County Business and the Appointment of Individuals
thereto with the change that all three Commissioners are added to the
Public Safety Council. Commissioner Mackley seconded; carried.
STORAGE OF VEHICLES IN THE STATE HIG}IWAY BUILDING IN RIFLE
Lt. Bitterman with the Highway Patrol contacted Chuck regarding the
storage of vehicles j-n the State Highway Building in Rif1e. Chuck
explained that the County has not acquired the property ye.t. Lt.
Bitterman asked if he would be able to do so when the County does
acquire the property. Chuck said that they would try to accomodate him
but there might be times when there might not be room. The Board
stated that they would cooperate as much as they could.
SIMIILCAST
Chuck stated that they were going to discontinue Simulcast until after
the live racing around July 4th. Chuck will check with John Downing
next month and see what the status is.
RIFLE },IOUNTAIN CTTY PARK
There was discussion about the Rifle Mountain City Park. The County
would like to give this back to the City of Rifle
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PUBLIC HEARING FOR A SPECIAI,
SOUTH OF CARBONDAI,E OFF OF CO
d_t6 %
USE PERMIT FOR A RESORT; LOCATED
RD 109. APPLICANT: BARBARA
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CONTINUEDL/2 YLTLE
FASCHING
Commissioner Smith made a motion that the Public Hearing for a Special
Use Permit for a Resort for Barbara Fasching be continued, at therequest of the Perrys, to 4:00 P.M. , March 15, 1993. commissionerMackley seconded the motion; carried.
commissioner smith made a motion that the meeting be adjourned.
Commissioner Mackley seconded the motion; carried.
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box and witness stand being identified as
Commissioner Arbaney seconded the motion;
There was discussion about talking with the Court Administrator and
Chief Judge regarding their responsibilit,ies with reference to the jury
box and witness stand being inaccessible for a wheelchair.
CORRECTED CERTIFICATION FOR GARFIELD COUNTY DEPARTMENT OF SOCIAL
SERVICES
Commissioner Smith made a motion that t,he Chairman be authorized to
sign the corrected certification for the Garfield County Department of
Social Services. Commissioner Arbaney seconded the motion; carried.
SPACE REQUIREMENTS AND ADA
Margaret discussed the possibility of }Iary Meisner, Carolyn Hardin,
Colette Barksdale and Rich Alary looking at the Mountain View Building
about the feasibility of using it temporarily. There was discussion
about the possibility of major renovations and expenses being necessary
to use the building even temporarily. The heating system was also
discussed. Don stated that from a legal perspective, once you start
renovating the buildingr you have to come into fuIl compliance at that
time. The Commissioners said there would be no problem with them
lookins at the buildins d -J 0 -?A
BARBARA FASCHING.SPECIAL USE PERMIT.}IT SOPRIS INN /
Mark stated that he had received an application from Barbara Fasching
for a Special Use Permit to convert a boarding and rooming house that
she wants to convert into a resort. Mark said that he had requested
Peter Belau to submit two additional items for review of the
application j-n terms of more specific information. It will be called
the Mount Sopris Inn. Mark also requested more information about the
waste disposal system. Commissioner Smith made a motion that the Mount
Sopris Inn Special Use Permit application by Barbara Fasching be
referred to Planning and Zoning and a Public Hearing be set for
September 8, L992 at 2:00 P.M. Commissioner Arbaney seconded the
motion; carried.
TRANSFER OF COUNTY-OWNED PROPERTY AT RIVERBEND TO RE-2 SCHOOL DISTRICT
Don stated that some residents at Riverbend want to develop a public
park on the County property that was designated for a school. The
School District is willing to do this but they need the County to
transfer the property to them. Don said that he has checked the
statute and the Commissioners are authorized to do that. Mark
confirmed that this property was transferred to the County.
Commissioner Smith made a motion that the Chairman be authorized tosign a resolution and the deed transferring the school site in the
Riverbend Subdivision to the RE-2 School District. Commissioner
Arbaney seconded the motion; carried.
BARRETT RESOURCES-DIVISION ORDERAfter discussion, Commissioner Arbaney made a motion that the Chairman
be authorized to execute the Division Order for the benefit of the
County and Barrett Resources concerning property held in Township 5
South, Range 94 West in Section 25 after Don confirms the interest of
the County is accurate as set forth. Commissioner Smith seconded the
motion; carried.
VETERANS ATFAIRS OFFICE REPORT FOR JUNE
Commissioner Arbaney made a motion that the Chairman be authorized to
sign the Veterans Affairs Office Report for June. Commissioner Smith
seconded the motion; carried.
LETTER TO WILLIA},I R. LOCK, CHIEF RISK STUDY }IANAGEMENT, FEMA
Commissioner Arbaney made a motion that the Chairman be authorized tosign a letter to William R. Lock, Chief Risk Study Management, FEI,IAwith reference to delineation. Commissioner Smith seconded the motion;
carried.
UTILITY EASEMENT.VAILEY VIEW HOSPITAL
Commissioner Arbaney made a motion that the Chairman be authorized tosign a resolution concerned with the authorization of a utility
easement to Valley View Hospital. Commissioner Smith seconded the
motion; carried.
obeing inadcessible.
carried.
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MODEL TRAFFIC CODE
There was discussion about the Model Traffic
information from Douglas County' Chuck will Code. Verne was awaiting
discuss this with Verne'
LETTERS REGARDING THE FAIR
Chuck stated that he had Extension write letters to the other counties
regarding the Fair.
JULY, L992 EMPLOYEE OF THE MONTH
the ioard presented the July, Lgg2 Employee of thg.plonth award to Joy
O""i", Social Services Chila Support Enforcement Division'
PEST AND WEED MANAGEMENT
Dave Gallagher, Pest and Weed l'Ianager, gave a
management. Dave. also discussed the September
report on pest and weed
L7, L992 Fie1d DaY.
13 PI,ANNING DEPARTMENT REPORT
l-4 Mark Bean, Director of Regulatory Office and Personnel, stated that Los
15 Amigos wiir not be going fo plan-ning commission this week because the
lG notices'weie not in the newspaper. rt will be going to the September
L7 meeting. t"tarX'said they *".L iaiting for the Final Plat' on Los Adobes
1g and St. Finnabar will be on next week's agenda for Flood Plain access
19 to some of the lots. Mark will be gone next week and Dave will be
20 handling these.
X 'lo ' 1"?/2L RIVERRIDGE PUD (
22 Mark said he would like to request the referral to- the- Planning
23 commission for the September rieeting. walt Stowe bought River Ridge
24 pUD from Don rce. wait has decided he does not want to go forward with
25 the 54 condo unj-ts that were proposed and he would like to cut it back
26 to O single family lots. He irifi have to amend his PUD and his final
27 plats alio. Comm-issioner Arbaney made a motion that the request for
28 the chanles in R.iver Ridge PUD ba referred to the Planning Commission
29 for theii review and comfrent at Septembet 9, L992 meeting'
30 commissioner smith seconded the motion; carried.
31 SPECIAL USE PERI,IITS
32 Mark discussed the Bailey Flood. P1ain Special Use Permit, Sandy Lowell
33 would like to ad,d. *.r"irouse to his property out by Red Canyon and St.
34 Finnabar is Flood Plain Special Use Permit for next week.
35 BUILDING & PLANNING ACTIVITY
36 The building permit actiwity was discussed and it is close to 1990.
37 The valuati5n- is equivalent to 1990 and above last year. - Permit fees
38 are above }ast yeais and 1990's. Mark discussed the activity near
39 Hughes Reservoii. The reservoir was breached as a result of Glenwood
40 Park
41 coNDrrroNAr usE pERMrr FoR BARBARA FAscHTNG X'l 0*7 L
42 Commissioner Smith made a motion that the Chairman be authorized to
43 sign a resolution concerned with the modification of the approval of
44 the Conditional Use Permit application by Barbara Fasching.
45 Commissioner Arbaney seconded the motion; carried.
46 SPECIAI USE PERMIT-KIM ANTONTELLI
47 Commissioner Smith made a motion that the Chairman be authorized to
48 sign a resolution concerned with the approval of a Special -Use Permit
49 apfiIication for Kjm Antonelli. Commisiioner Arbaney seconded the
50 motion; carried.A-t O'7tz
51 ZONE DISTRICT AMENDMENT FOR ADAIR RIPPY FROM AGRICULTURAL INDUSTRIAL TO
52 COMMERCIAI-, LIMITED
53 Commissioner Smith made a motion that the Chairman be authorized to
54 sign a resolution concerned with the approval of a Zone District
55 Amendment request by Adair Rippy. commissioner Arbaney seconded the
56 motion; ....i"d witil Commissioner Smith voting against the Zone
57 District Amendment.
58 SPECIAI USE PERI'{IT FOR WALTER & LYN{, STRON-G FOR STORAGE OF NATURAL
59 RESOURCE EXTRACTION EQUIPMENT a'lA']u
60 Commissioner Smith made a motion that the Chairman be authorized to
61 sign a resolution concerned with approval of a Special Use Permit
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County be given a copy of the AutoCAD disk along with the drawings when
the study is finished-. The ADA requirements are much more extensive
than the UBC. Chuck Brenner said they will explore with ADA what they
will accept.
The County might, be able to use some of their personnel to assist and
help keep the costs down. Jeff, Chuck and John stated that they use a
standard AIA contract form and they will submit a contract for what has
to be done to bring the Mountain View Building up to ADA requirements
for Don's review before the Board's meeting January 26, 1993 at 12:30
P.M.
Mark discussed the things that can be done for bringing the County
Buildings into compliance with ADA as per the scheduled plan. I"lark has
inventoried the signage necessary and there are over 100 signs with a
cost estimate of $2r000.00 to $3r000.00. There was discussion about
designating the first floor bathroom the handicap accessible bathroom,
replacing door knobs with lever or push handLes.
ROAD AND BRIDGE DISCUSSION
CONTRACT WITH BASALT CONSTRUCTION COMPANY FOR COLORADO RIVER BRIDGE AT
SILT
King Lloyd, Road and Bridge Superintendent, and Chris from Pattillo and
Associates discussed the changes in the draft of the contract with
Basalt Construction Company for the Colorado River Bridge at Silt.
King stated that he and Chris met with Don and clarified the contract
amount. Chris stated that Ke11y Lyon of Basalt Construction has
submitted the performance bond, payment bond and insurance certificates
and they do conform. After discussion, Chairman Mackley made a motion
that the Chairman be authorized to sign the Notice of Award to Basalt
Construction in the amount of $3851630.00 with the Notice to Proceed to
be signed once the signed contract from Basalt Construction Company is
received. Commissioner Smith seconded the motion; carried.
DANIELS PETROLEUM - PROPOSED PIPELINE ON CO RD 3].5
Barry Baker, Daniels Petroleum, explained what County right of ways he
needed to use for a pipeline. The private parties they are dealing
with are John Sample, Bob Wheeler of Mamm Creek Ranch and Barry
Shideler. The pipeline would be 3" diameter and buried 4 feet. He
explained that it was necessary to do the work now because of a
contract requirement. King stated the stipulations that would be
required for the permit. He said because of the narrowness of the
roadr ro more roadway is to be excavated than can be backfilled in that
d.y, only the immediate end of the pipe where the next day's work will
progress will be able to be left open and it will be necessary to
regravel the road where it has been disturbed when the weather allows.
Barry stated that he hoped it would not take much more than a week for
the operations on the county right of way. There was discussion aboutputting the welding trucks on the other side of the fence whenpossible. The Commissioners requested that they work only when the
school bus is not running and they will need to address snow removal
when the County snow plow cannot get through the road. Barry stressed
that he would be available for any concerns and problems and that he
could be reached at 945-0980. The Commissioners reluctantly agreed for
the permit to be issued.
pATTy FREDERTCK, 3270 CO RD 115, GLENWOOD SPRTNGS CO
Patty Frederick, 3270 CO RD 1l-5, Gl-enwood Springs, appeared to requestthe Commissioners to reimburse her for a tow charge for her daughter's
car. It was towed off the County right of way when they were unable tolocate her to remove the car. After discussing the problems associatedwith cars being parked on the County right of way, the Commissioners
stated that they would not rei:nburse the towing charge.i _/7-73
CONTINUED PUBLIC HEARING FOR MT SOPRIS INN - APPLICANT: BARBARA
FASCHING
Dave Sturgis, attorney for Barbara Fasching, appeared before the Boardrequesting a continuation of this hearing as he has had somedifficulties in getting everlrt,hing prepared. After discussion,
Commissioner Smith made a motion that the Pub1ic Hearing be continuedto February L6, 1993 at 4:30 P.M. Commissioner Mackley seconded themotion; carried.
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Commissioner Smi
ooth asked if the fence needed to be moved.
Linda Murr said that she has lived on the road for 50 years, and hasfamily who have lived there even longer, her father used the road since
L925.
Sandra Anderson expressed concerns and stated other observed
improvements being done on other roads. Chairman Mackley asked if they
would be interested in getting involved to help organize the people toform a district as a way to attain what they desire. Sandra said shewould do whatever it took.q'3 13-'
BARBARA FASCHTNG.MODIFTCATION TO CONDITIONAI USE PERMIT FOR BED &
BREAKFAST
Mark explained that this is a request to switch the location of theresidence and the business. The interest of use of the property wiIIremain the same. Cornmissioner Smith made a motion that an amendment tothe existing Conditional Use Permit be granted for Barbara Faschinq.
Commissioner Arbaney seconded the motion; carried.
ROAD CLASSIFICATIONS
King presented a proposal maps for classification, stating that he hadcontacted the towns for information and reported very little responsebut informed them how important it is to update on a regular basis.There was a question raised as to road 109 being raised to at leastminor arterial. Highway 82 has not even been shown as a minorarterial. King stated that they had upgraded it in their review. Kingsaid that they have made 4-mi1e Road a minor arterial.
Commissioner Smith asked what is the definition of arterial? There arenone. King said that it had to be kept in mind that there is noclassification. And you have to remember that the percentages of roadin the State will only allow a certain amount of any classification.
We are conservative. We attempted some input from other municipalitiesbut since we did not hear from them, we have changed some things as wefelt best. The urban area of influence had been changed and a slightdifference, as to how they did it, but we have to ideitify perclassifications. Commissioner Smith asked if it could be amended.King said that the State is trying to do it all at one time by this
December.
TIRE RECYCLINGKing presented two proposals for the purpose of re-cycling tires. BLIIhas asked as to what the plan is. The first company was from Texas. Heoffered $1.35 per tire to quarter as of 6 months ago. But he neversent a written proposal. Future Tech proposed in April. No amountgiven.
The Cherokee Systems from Basalt has been in touch with the ColoradoBoard of Transportation, and has a need for 1001000 tires to be used inGlenwood Canyonr rlo details, though obviously they wil-l be shredded.
Someone stated that it wiII be back-fiIl. They thought they had timeto have the proposal but the State calIed requesting hauling September1. King let him know that they would continue discussions to receiveat our landfirr to set up at our facility and do the shredding.South Canyon offered S1.50EagIeBig O
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$3. s0
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$2 .00
It is estimated that there are approxjmately 40r000 to 45r000 tires atthe site.
King stated that he would go out and try for a better proposal.
SOPRIS AMBUI.ANCE LTCENSEVerne has not decided as to whether,they would be brought in on a pagersystem. These are the only furl life supports in the area.Commissioner Smith made a motion that the Chairman be authorized tosign a license -for Sopris Ambulance. Commissioner Arbaney seconded themotion; carried.
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when they come out of reserve, they do not count
Iimit. -chuct< stated that this could be reserved
capital improvements. Chuck will look into this'
LANDFILL AS ENTERPRISE
There was discussion about the Landfill having the capability for.an
Enterprise. chuck stated that the Landfill meets aII the accounting
definitions t"i "" Enterprise. Chuck felt that there was no rush for
the county to-pr".""a wilrr this and the county can afford to wait and
see how the courrs rure on this .
B_A l_92_-
CONTINUED PUBLIC HEARING TOR A SPECIAT,-USN PSRMIT FOR MT' SOPRIS INN'
APPLICANT: BARBARA FASCHING
Oi.t " Sturgis, Barbara Faschingl's attorney, requested to the Planning
Office that the hearing be poitpon"d becluse he was not prepared for
ih" h".ring. Commissioner Smit-tr made a motion that the Public Hearing
tor a Special Use Permit for Mt. Sopris Inn - Applicant: Barbara
faschin| be continued until January 18r -1993 at 2:00 P'M' Chairman Pro
Tem Arbiney stepped down as Chairmin and seconded the motion; carried.
Commissioner Smith made a motion that the meeting be adjourned.
chairman Pro Tem Arbaney stepped down as chairman and seconded the
motion; carried.
against your sPending
until maturitY for
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C--r*Y fr'r^' , "r'/"*'z-q // fr; O,,
DAVTD R. STURGES, P.C.
ATTORNEYATI"AW
710 COOPER AVENUE, SUITE 2OO
P.O. BOX 101
GLENWOOD SPRINGS,
coLoRADo 81602-0101
I'ELEPHONE (303) 945-5748
(303) 945-8659
FAX (303) 945-8671
September 21,1992
Board of County Commissioners
Garield County Counthouse
109 8th Street
Glenwood Springs, CO 81601
RE: Mt. Sopris Inn
Special Use Permit
Request to Reschedule Public Hearing
Dear Commissioners:
We request that the Board continue today's hearing on the Special Use Permit application and
reschedule it for the next available public hearing date. I did advise the Perry's last Friday,
the 18th, of this action being taken.
We are pursuing further alternatives concerning the fire protection matter and sources of
water.
Thank you for your cooperation and patience in this matter.
Sincerely yours,
David R. Sturges , P.C,
Attorney for Mt. SoPris Inn
DAVID R. STURGES, P.C.
AT'TORNEYATT"AIV
-
E(. 4
?10 COOPER AVENUE, SUITE 2OO
P.O. BOX 101
GLENWOOD SPRINGS,
coLoRADO 81602-0101
October 9,1992
ffi
Mr. Mark Bean
Garfield CountY
109 8th Street, Room 303
Glenwood SPrings, CO 81601
RE: Mt. SoPris Inn
SUP APPlication
Dear Mark:
Based on our most recent discussions with the Board of County Commissioners at the public
hearing conducted on September 8 and 21, lgg2, I have sought to find some language that
*1gnt"a"r.ribe the ptanned operation of the Mt. Sopris Inn' I propose the following
language:
Mt. Sopris Inn will be a guest ranch/resort which will offer lodging facilities for a
maximum of 40 overnighi guests at any one time. Some outdoor recreational
facilities and activities may Ue offered which are for the use of its guests and
compatible with the resort property's physicat limitations and the surrounding land's
uses.
I believe the proposed condition of approval relative to the fire protection system for the two
proposed guest uuitaings can be accommodated with the following language:
Prior to the construction of the guest buildings, the permittee shall submit to Garfield
County proof of a fire protectioi plan and system approved by The Carbondale &
Rural Fire Protection District.
I hope this covers all the outstanding issues. I will contact you on Monday to discuss any
^- ^6 +hro
further questions that You maY
matter.
Sincerely yours,
?rd)
David R.
Attorney
navel Thank you for your time and cooperation on this
Sturges,'P.C/
for Barbar{Fdlsching
(303) 945-5748
(303) 945-8659
FAX (303) 945-8671
GAfiFiELD CCUT{IY
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P.o. Box 101
GLEI.IWOOD SPRINGS,
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Board of CountY Commissioners
Garield CountY Counthouse
109 8th Street
Glenwood SPrings, CO 81601
DAVID R. STURGES, P.C.
ATTORNEYATI"AW
TELEPHONE (303) 945'5?48
(303) 946'8659
FAX (303) 945'8671
RE: Mt. SoPris Inn
SPecial Use Permit
Request to Reschedule Public Hearing
Dear Commissioners:
we request that the Board continue today's nTtnr. on th: Special Use Permit application and
reschedule it for the next availabr" puuiil hearing late. I did advise the perry's last Friday,
the 18th, of this action being taken'
We are pursuing further alternatives concerning the fire protection matter and sources of
water.
Thank you for your cooperation and patience in this matter'
September 21, 1992
Sincerely Yours,tu
David R. Sturges,
Attorney for Mt. SoPris Inn
GAfiFi[L.D COUF,ffY
F
CERBOf,DALE & RI'REL FINE PROTBCTIOf,
3OO Dteadowood DrLve
Carbondale, Co1orado AL623
303-963-2L9L
FAr 303-963-Os69
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ii sEP2l1992r
Sept. 18 | L992
Mr. Mark Bean
Garfield CountY Planner
109 8th st.
Glenwood SPrings, CO 81601
Dear Mark,
As we discussed today I would like to offer the following comments
to you regarding fire protection the Faushing development on county
road 118 in Garfield CountY'
As I understand it the proposal. calls for construction of two
building= "."h containing- i-ioaging units to be operated as a bed
& breakfast tYPe occuPancy'
According to section 20-3.5.1 of the Life Safety C"99, this type of
occupancy wiii require that an automatic spri-nkler system be
installed. I have enclosed . "opy of the applicable section of the
code for your review.
The required fire flow for this tyPe of occuPancy is 5oo gallons
per minute for 2 hours "= ""q..ireg.Ul:y.t-he
Uniform Fire Code' I have
also enclosed . -opy of th"- appficiUfe section of this code for
your review.
If you have any questions feeL free to contact me at 963-249L'
Sincerelyre-
Ron Leach
Carbondale & Rural Fire Protection District
Chief
GAf..i:iELD coUNTY
ry
LIFE SNFE Y CODEr0l-166
verTical openings are Perfiitted- However,- in.such case'
,il'ri initt-iiitiieioii a primary mea'ts of exit ftom each
sleeoins area lhal does not require occupants to. pas's
;i;r;";fr , portion of a lower fooi, wiless that route is seP''iiitifr i"ii olt tpolr"t on thit floor by construction havirtg
a 2|-minute fire resislance ralinS-
20-1.1.2 Exterior stairs shall be reasonably protected
aqainst blockage caused by fire that would simultaneously
"ipot" both th-e interior and exterior means of escape'.This
,iy t" accomplished through separation by-physical dis-
tan"ce, arrangement of the stiirs, protection of the openings
"*p"iing th"e stairs, or other means acceptable to the
authority having jurisdiction.
20-3.2 Interior Finish. Interior finish on walls and ceilings
oi occupiea spaces shall be Class A, B, or C as defined in
Section 6-5. There are no requirements for interior floor
finish.
20-3.3 Detection, Alarm, and Communication Systems'
20-3.3.1 General. Lodging and rooming houses shall be
pio"iO"a with a fire alainr system in accordance with Sec-
tion 7-6.
Erception: Buildings that have a smoke detection sysle'ln-
;;;;;;; ", exceedittg the requirenrents .of 20-j'i'4 and
ih"r"iho, detection system iic'ludes at lea'st one manual
firi ,tarm .station p", flou artanged to irtitiate tlrc smoke
detection alarm.
20-3.3.2 Initiation. Initiation of the required fire alarm
ry.i". shall be by manual means in accordance withT-6'2'
Exception: Buildings protected throughout by an
oppired automatic tpai*t", system installed in accor-
iince with 20'3.5, witi alarm initiation in accordance witlt
7-6.2. 1 (c).
20-3.3.3 Notification. Occupant notification shall be pro-
vided automatically, without delay, by internal audible
alarm in accordance with 7-6'3. Presignal systems are
prohibited.
20-3.3.4 Detection- Approved single station or multiple
station smoke detectori'powered try ttre truilding electrical
service shall be installed in accordance with 7'6'2'9 on
Lvery level. In addition, approved single station smoke
deteitors powered by the building electrical service shall be
provided in each sleePing room.
Erception: Existing battery powered -detectors, rather
than hou.se electic- service powered detectors, shall be
accepted where, in the opinioi of the -authoity having juris-
diction, the facitity has dentonstrated tesling, maintenance,
irra Oiu"ry'nplaLement programs that ensure reliability of
power to the detectors.
20-3.4 Separation of Sleeping Rooms. AII sleeping -rooms
itrutt t. separated from eicape route corridors by.walls and
doors that are smoke resistant. There shall be no louvers or
ooerable transoms or other air passages penetrating the wall
eicept properly installed heaiing and utility installations
ottr.i ttr"n iransfer grilles- Transfer grilles are prohibited'
r99l EDITION
Doors shall be provided with latches or other mechanisms
ruiiuUf" for keeping the doors closed' No doors shall be
ui.urg"a .., o" io -prevent the occupant from closing the
a"oi."O"o.t shall bL self-closing or automatic-closing upon
detection of smoke.
Fxceptiort: Door clositrg devices are not required in build'
iliibro,"rr"d rhroughoit by an approu-ed automatic spirt-
kfi, ty.rt"* instalted-in accirdance with 20'3'5'
20-3.5 Extinguishment Requirements'
20-3.5.1* Where an automatic sprinkler system is requir-ed
orisusedasanalternativemethodofprotection'eitherfor
i"."f o. partial building coverage, ih9 syslem shall be
installed in accordance riith Seection 7-7, and shall actuate
ift! nr" alarm system in accordance with Section 7-6'
F^xceptittrt No. 1: Spinkler installatiotrs are 'tot required
in closets not over iZ sq ft (1-I sq m) and batlroonrs ttot
over 55 sS fl 6. I sq nr).
Exception No. 2: In existirtg todgil7 a-nd roontirtg houses'
spriikler installations are ttot required in closets ttot ovet'
iq ti n Q.2 sq m) and batbooms ttot over 55 sq ft
(5.1 sq m).
20-3.5.2 All new lodging or rtxrrning hottscs shall he pro-
i""i"O tt t,,ughout by In 'apptot'cd atrlontatic sprinkler sys-
;;;. S;J; t-t.stem '.shall bi inttull"d in accordance with
20-3.5.1.
f:kception: If every sleeping-ro.9ty has a door opening.
ii,'"iri ri thl outside of'thi'buttdirlS at.stree.t or gvound
i"lr,"t,Lr"has a door opeiing directlf io-tlrc outside leading
to a'tt cxleior stait*ay tiat ntee-ts the requirentents of
20-2. 1. I .
SECTION 20.4 SPECIAL PROVISIONS
20-4.1 Operating Features - (See Chapter 3l '\
SECTION 2O-5 BUILDING SERVICES
20-5.1 Utilities. Utilities shall comply with the provisions
of Section 7-1.
20-5.2 Heating, Ventilating, and Air Conditioning'
2O-5.2.1 l{eating, ventilating, and air conditioning equip-
,L"i.f,"lf comp$with the piovisions of Sections 7-2'l and
7-2.2.
20-5.2.2 No stove or combustion heater shall be so located
,t i. Uf,r"t escape in case of fire caused by the malfunction
of the stove or heater.
20-5.2.3 Unvented fuel-fired heaters shall not be used'
20-5.3 Elevators, Escalators, and Conveyors' Elevators'
escalators, and conveyors shall comply with the provisions
of Section 7-4.
8,200
r 0,900
12.900
17.400
21,300
25,500
47,1w
54.900
63.400
72,400
t45,900
t64,200
183,400
203,7N
225,200
247,700
271,200
295,9(n
Greater
i
82, t00
92,400
t03,t00
r t4,600
126,7W
I 39.400
152.600
166,500
Greater
:;
:
52.500
59, I 00
66.000
73.300
81.100
89,200
97,7(N
t06.5U)
r 15,800
I 25,500
t 35.500
I 45,800
I 56,700
167,9W
179,400
l9l,400
Greater
37,g(fr
42,7W
47,7(n
53.000
s8.600
65.400
70.600
77,An
83,700
90,600
97.9U)
106.800
I I 3,200
t 2l,300
129,600
t 38,300
Greater
23.300
26.300
29.300
32.600
36.mo
39.600
43.400
47,4tJ0
51.500
55,700
60.200
64,800
69.600
74.6N
79,800
85, r 00
Greater
4,000
4.250
4,500
4,750
5.000
5,250
5,500
5.750
6,000
6,250
6,500
6,750
7,000
7.250
7,500
7,750
APPENDIX I!1.A, A.III.A.1 1991 UNIFORM F]RE CODE
EXCEPTION: A reduction in required fire flow,ol,50 percent, as approved [ryrhe chief, is a,owed when the brird';;;;;;;;rffi wrrh an approved auromaricsprinkler system.
(b) Buildings other than One_ and Ttvo_Family Dwellings. The minimum
ffi iffiH:,} jfl l fJ,j:'*: : xl*:llr,i,,, ."'..,, a,* ":i,. ; i ; ;;;ii;;;;
EXCEpTION: A reduction in-required fi re fl ow of up. to 7-5 percent, as approvdbv the chief. is alrowed *r,., rr,. uriloi"e';;';#ffi wrrh an approved auromaricsprinkler system. The resurting firefil|irrt ;;;;. I'"r, ,r,un r,500 ga,ons per min-
lrro,o, FoR BUTLDTNGS
lTypes ofconstruction are based upon the Building Code.
FIRE HY
1. SCOPE
Firc h1
tion of huildi
2. LOCA
Fire hl tl
ntfincent publi
3. NUMBER
The nrinirn
thrn that I
conrplex or
nrents listed i
and perimeter
Existing fi
able. Existing
unless fire
establ ished
5. DtS'
The
No. A-lll-B-
EXC
istirrg fi
Rcgardless
points on st
listed in Tr
4.
496
I
LODGING OR ROOMING HOUSES l0l-165
CHAPTER 20 LODGING OR
ROOMING HOUSES
SECTION 20.1 GENERAL REQUIREMENTS
20-l.l Application.
20-t.l.l This chapter applies to buildings that provide
sleeping accommodations for a total of 16 or fewer persons
on either a transient or permanent basis, with or without
meals, but without separate cooking facilities for individual
occupants except as provided in Chapter 21.
20-1.1.2 The requirements of this chapter are applicable to
new buildings and to existing or modified buildings accord-
ing to the provisions of Section l-5 of this Code.
20-1.2 Mixed Occupancies.
20-1.2.1 Where another type of occupancy occurs in the
same building as a residential occupanry, the requirements
of 1-5.7 of this Code shall be applicable.
20-1.2.2 For requirements on mixed mercantile and resi-
dential occupancies, see 24-1.2 or 25-1.2; for mixed assem-
bly and residential occupancies, see 8-1.2 or 9-1.2; and for
mixed business and residential occupancies, see 26-1.2.
20-1.3 Definitions.
20-1.3.1 Terms applicable to this chapter are defined in
Chapter 3 of this Code; where necessary, other terms will
be defined in the text as they may occur.
20-1.4 Classificalion of Occupancy. (See 20-1.1.1.)
20-1.5 Classification of Hazard of Contents.
20-1.5.f The contents of residential occupancies shall be
classified as ordinary hazard in accordance with Sec-
tion 4-2.
20-1.6 Minimum Construction Requirements. No special
requirements
20-1.7 Occupant l,oad. (See 20-1.1.1.)
SECTION 20.2 MEANS OF ESCAPE
20-2.1 Number and Means of Escape.
20-2.1.1 Every sleeping room and living area shall have
access to a primary means of escape complying with Chap-
ter 21 so located as to provide a safe path of travel to the
outside of the building without traversing any corridor or
space exposed to an unprotected vertical opening. Where
the sleeping room is above or below the level of exit dis-
charge, the primary means of escape shall be an enclosed
interior stair, an exterior stair, a horizontal exit, or an exist-
ing fire escape stair.
20-2.1.2 In addition to the primary route, each sleeping
room and living area shall have a second means of escape
in accordance with 2l-2.2.3.
Exception: If the sleeping room or living area has a door
leading directly outside the building with access to grade or
to a stairway that meets the requircments for exteior stairc
in 20-2.1.1, that exit shall be considered as nteeting all of
the exit requirements for that sleeping room or living area.
20-2.1.3 Every story of every lodging or rooming house
that is greater than 2,000 sq ft (185 sq m) or where the travel
distance to the primary means of escape is greater than
75 ft (23 m) shall be provided with two primary means of
escape remotely located from each other.
Erception No. 1: ExLstirtg buildings.
Lrceptiotr No. 2: Buildirtgs protected througlrout by an
approved superuised automatic spinkler system in accor-
dance with 20-3.5.
20-2.2 Interior stairways shall be enclosed by 20-minute
fire barriers with all openings protected with smoke-
actuated automatic-closing or self-closing doors having a
fire resistance comparable to that required for the enclo-
sure. The stairway shall comply with 5-2.2.6.5.
Exception No. 1: Stairs corutectirtg two levels only slrull
be pennitted to be open to other than the street floor.
Exception No. 2: Stairways shall be permitted to be
unprotected in accordance with the Exception to 20-3.1.1.
20-2.3 No door or path of travel to a means of egress shall
be less than 28 in. (71 cm) wide.
Excepliorr: Bathroom doors slnll be not less than 24 in.
(61 cm) wide.
20-2.4 Every closet door latch shall be such that it can be
readily opened from the inside in case of emergency.
20-2.5 Every bathroom door shall be designed to allow
opening from the outside during an emergency when
locked.
20-2.6 Winders in accordance wilh 5-2.2.2.8 are permitted.
20-2.7* No door in any means of egress shall be locked
against egress when the building is occupied.
Exception: Special locking arrangemenls cornplying nith
5-2.1.6 are permitted.
20-2.8 Doors serving a single dwelling unit shall be permit-
ted to be provided with a lock in accordance with 5-2.1.5.1
Exception No. 3.
SECTION2O.3 PROTECTION
20-3.1 Protection of Vertical Openings.
20-3.1.1 Vertical openings shall be protected so that no
primary exit route is exposed to an unprotected vertical
opening. The vertical opening is considered protected if the
opening is cut off and enclosed in a manner that provides a
smoke and fire resisting capability of not less than 20 min-
utes. Any doors or openings shall have fire and smoke
resisting capability equivalent to that of the enclosure and
shall be automatic-closing on detection of smoke or shall be
self-closing.
Exception: In buildings three stoies or less in height that
are protected througlnut by an approved automatic spin-
kler rystem installed in accordance with 20-3.5, unprotected
l99l EDITTON
DAVTD R. STURGES, P.C.
AT'TORNEYATI"AW
710 COOPER AVENUE, SUITE 2OO
P.O. BOX 101
GLENWOOD SPRINGS,
coLoRADO 81602-0101
APR r e J#L ) 945-5748
945-8659
GA.ftf ;n;.i-, **ij,r'rtrfAX (303) e45'8671
April 8, 1993
Mr. Mark Bean
Garfield CountY
109 8th Street, Room 303
Glenwood sPrings, CO 81601
RE: Mt. SoPris Inn
SUP APPIication
Dear Mark:
Pleaserefertomyletterofoctober12,]-gg2onthisaboveidentified matter.
As was noted in that previous letter Bob and Ditty Perry of the
Mt. sopris Ranch had -expressed some concerns to me and I believe
they have also noted th-ese .o..".tr" to the Board of county
commissioners concerning the-speciar use Permit apprication
"."ght by my cl-ient, Barbara Fasching'
My client and I have had numerous discussions with the Perry's
and their counsel, Dan re.=t, On these matters as originally
proposed in my letter to vo"'oit"d october 72, 1992- r beli-eve
we have final-Iy reached a mutually acceptable Settlement of these
terms. This
-"lrtiie*e"t is-"[o-ne-iartiairy impremenred in r'he
mutual execution of the attached iJon-Exclirsiv-e Access Easement
which should reso1ve any i;;t-ii;; questions concerning my cJ-ient' s
legar righr oi-i.."=s t6 hi; ;;?Ierty-off of County Road 118 '
The remaining two issues of concern in this settlement are to be
implemented ls-l*o specifi- terms of condition to be attached to
the special use permit appi:-cation that is currently pending
before the c"""tv-co**i"iioners. I am proposing-th1t these two
matters be "o"ui'"a-*itf, tfre ioflowing linguage of specific terms
of conditions:
l.TheMt.Soprislnnwilluseoutdoorlightingfixtures
which will direct the lighting down to cover the ground but which
wi]I not create any glare whi6h substantially interferes with the
existing use and enjoyment oi-adjoining property or which creates
a public nuisance.
2. The Mt. Sopris Inn shal-I fence where appropriltg' "tt'q'provide signlq;-*irich riri- ioe"Lity the propertv line of the Mt'
sopris Inn u"& requesting its guests not to trespass on any
adjoining Private ProPertY'
Ihaveprovidedacopyofthisproposgdlanguageto.BobPerryand
Dan Kerst for their review and ipproy?I. ettached to this Ietter
is Bob Perry's signature :-naicatiilg his acceptance of these
I
SincereIY Ygurs,
specific settfement terms. I wil-I be attending the next schedule
oublic hearing on this mattei before the Commi6sioners at 4:00 PM
bn nexr uonoatl,'ip;ii'L;:" igg:, to answer any questions that the
Commissioners maY have'
lfyouhaveanyquestions,.pleasecontactmerightaway.Thank
you for your "tt.i"iion and tooperation on this matter'
d.*AtuDavid R. sturpFl
Tn)
P. C.
TERMS ACCEPTED:
Perry Sopris Ranch Partnership, Ltd'
cc: Barbara Easching
P.O. Box 726
Carbondale, CO 81623
Mr. and Mrs- Robert PerrY
0163 CountY Road 118
Carbondale, CO 81623
Dan Kerst, Esq-
Schenk, Kerst & DeWinter
302 Ei;ht Street, Suite 310
clenwo5d SPrings, Co 81601
Don DeFord, Esq.
CountY AttorneY' s Office
earfield CountY Courthouse
109 8th Street, Room 301
Gl-enwood SPrings, CO 81601
oTow u
3
€n of Carbondale
76 Sourh 2nd St. Carbondale, Colorado 81623 $0) 963-273ffi
"'oo'ry",)ffit
y'::,
UgtHlTY r0$lililll
Mr. Arnold Mackley
Chairman Garfield County Board of
County Commissioners
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Re: Mt. Sopris Inn Special Use Permit
Dear Mr. Mackley and Members of the Garfield BOCC:
Thank you for giving the Town the opportunity to review and respond
to the Mt. Sopris Inn Land Use Application. The Carbondale Board
of Trustees reviewed this project at their August 25, 1992 meeting.
Barbara Fasching was present to represent her proiect. After
extensive discussion, the Carbondale Board of Trustees recommends
to the Board of County Comrnissioners that they approve the Special
Use Permit Application with the following comments:
1. That the application was revj-ewed as presented.
There is no guarantee of a water tap until Mrs'
irasching makes application to the Town for an out-
of-town water tap.
2, That appropriate access easements or other means of
Iegal access across the Perry property be obtained'
3. That the ISDS meet aIl applieable standards if
necessary.
4, That the new County bridge construction not impact
the Crystal River Flood Plain.
If you have any questions please contact me at 963-2733. Thank you
for your consideration in this matter.
S incerely ,
C L-_:
Mark Chain
Town Planner
MC: nh
ffiffii
,l i,,l,l /
ffi t*t of Carbondale
76 South 2nd St. Carbondale, Ct>lorado 81623 $03\ 963-2733
r,l I
i.1.... ,
UUUllt f (,iii,,,,,,
Mr. ArnoId MachleY
Chairman Garfield County Board of
County Commissioners
109 8th Street, Suite 301
Glenwood Springs, CO BI60I
Rui Mt. Sopris Inn Special Use Permit
Dear \. Mackley and I'lembers of the Garf ield BOCC:
\Thank vo\ for giving the Town the opportunity to review and respond
a; ths Mt\. Sopri= irr,", [,and Use Application. The Carbondale Board
of Trustees reviewed this proiect at their August 25, L992 meeting'
Barbara Fasching was present to represent her project ' After
extensive discussion, the Carbondale Board of Trustees recommends
to the Board of County Commissioners that they approve the Special
use Permit Application with the following comments:
1. That the application was reviewed as presented.
There is no grrarantee of a water tap until Mrs'"Fasching makes application to the Towu for an out-
of-town water taP.
2, That appropriate access easements or other means of
Iegal access across the Perry property be obtained.
3. That the ISDS meet aIl applicable standards if
necessary.
4. That ttre new County bridge constrttction not impact
the Crystal River Flood Plain.
ff you have any qttestions please contact me at 963-2733. Thank you
for your consideration in this matter.
Sincerely,
/, I,, lrl,1 4 c(_:
Mark Chain
Town Planner
MC: nh
u,or'ry",)ft y'::,
f ;''i
sEP S $ 1902
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[O ITSUMilCE COI/ERAGE PROVIOE'
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(See Reverse)
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ENARTECH lnc. Consulting Engineers and Hydrologists
August 3t,1992
Mr. Mark Bean
Garfield County
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
RE: Mt. Sopris Inn Special Use Permit
Dear Mark:
-r\s7zz-
.ZAIN-,ZIN.
Enclosed are copies of the Proof of Pubtication and receipts for certified mail to
adjacent property owners for Public Notice for the Mt. Sopris Inn Special Use
Permit Hearing. Please give me a call if you need the original Proof of Publication
or the return receipts for the certified mail prior to the Public Hearing scheduled for
September 8th.
Sincerely,
ENARTECH, INC.
Peter Belau, P.E.
PBldes
Enclosures
Barbara Fasching
Dave Sturges
Susan Snyder
P3sG01 (P3s0_14A)e2
302 Eighth Street, Sulle 325 P.O. Drawer 160 Glenwood Sprlngs, Colorado 81602 (303) 945-2236
PROJECT INFORMATION AND STAFF COMMENTS
BOCC 9t8192
Special Use Perrnit for a
Resort.
Barbara Fasching
A traot of land located in lot
2, Section 10, T8S, R88W;
located approximatelY one-
half mile south of
Carbondale offof C.R. 118.
consists of 14.5
Individual Well
Individual Sewage DisPosal
System
c.R. 118
A/R/RD
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING & ADJACENT
ZONING:
The site
acres.
I.RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in the Carbondale Urban Area of lufluence as designated on the
Comprehensive Plan Management Districts Map.
Il. DESCRIPTION OF THE PROPOSAL
A. Site Description. The site is located on a bench above the Crystal River and across
from the Carbondale fish hatchery. fmprovements presently on the property include
a residence, a}bedroom guest house, a manager's cottage and various out buildings
(See attached plans). The Mt. Sopris Herelord Ranch surrounds the property on three
sides, with the main ranch, residences and buildings sitting below the property and to
the south.
B. Project Descrintion. The applicant is requesting to expand an existing bed and
breakfast lacility to a resort by the addition of l6 guest rooms with a 32 visitor capacity
in two separate buildings. This would bring the total visitor capacity up to 40 people
with the existing 4 bedrooms in the bed and breakfast. Neither of the new buildings will
be over 25 feet in height. water will be supplied from an existing well that will be
treated. sewage disposal systems (lsDS) that will treat less than 2,000 gallons per day
by the use of low *ut", use shower heads an<l toilets' Access to the property is from a
private driveway coming off of C.R. 118. Fire protection will be provided by a
proposed pond to be build by the applicant'
c. Backgroun<l. In 1986, a Special Use Permit was approve<l for a lttness resort on this
propertyfor a different property owner. Since all conditions of approval were not met
within the specified timelines, the approval was rescinded. In I 99 I , a bed and breakfast
(boarding/rooming house) was approved for four (4) guest rooms, an owner's residence'
and a manager's room. This was recently modified to allow for the expansion of the
existing residence for the owner's use and addition of two (2) bedrooms to what was the
owners cottage, lor the manager's use.
MAJOR ISSUES AND CONCERNS
l. zoning. A resort is allowed by special use Permit in the A/zuRD zone district' A
resort is defined as:
Dude ranch or guest ranch; hunting or fishing camp, cross country or trail skiing
lodge (any of which shall not exceed twelve (12) dwelling units or forty-eight (48)
beds or visitor capacity), land used for the purpose of recreation, which provides
lodging recreational activities, dining facilities, commissary and other needs
operated on the site for guests or members'
This application meets the basic criteria in terms of visitor capacity and /or dwelling
units ancl can be classif-red as a resort. There is no minimum size lor a facility' nor
dehnition of what type of recreation the land has to be used.
2. Water. During the previous hearing on the bed and breaklast facility, it was
proposed to have *ut". provided from the Town of Carbondale. That is no longer an
issue given the proposedwell. Prior to issuance of any special use permit' a copy of the
approved contract from the West Divide Water Conservancy District for use of the
water should be provi<led to the Planning Department. Additionally, verilication lrom
the Colorado Department of Health, Drinking Water Division, that the proposed water
treatment meets the appropriate standards.
3. Sewer. The applicant's engineer has submitted applications lor two additional ISD
systems to treat."*ug.lrom the two additional guest lacilities that will use low water
conserving shower heads and toilets. The combined capacity of all systems on the
property is less than 2,000 gallons per day, as such, the proposed sewage disposal is in
compliance with County sewage disposal system requirements. To qualify for the low
water use calculations used by the engineer, manufacture's documents will have to be
submitted that certify the water conservation'
4. Access. The previous application hacl required the applicant to build a new access
drive to the property. Once this was done, the most signihcant potential conllicts with
2
I
IV.
v.
I
the adjoining agricultural operation in terms of vehicular traffrc 'svs1s sliminated'
5. Fire Protection. The applicant proposes to build a line 20,000 gallon pond to be
Iilled with water from the wells for {ire protection. A six (6) inch water line will be
placed in the pond and attached to a hydrant. The Carbondale Rural Fire Protection
District has stated that all guest facilities will have to have sprinklers for fire protection'
At this time, it is uncertain whether or not the proposed pond can provide year round
protection. Final approval of a fire protection plan by the Fire Chietshould be required
prior to issuance of any Special Use Permit'
SUGGESTED FINDINGS
1. That the application is in compliance with the Garheld county zonng
Resolution of 1978, as amended.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting'
3. For the above stated and other reasons, the proposed use is in the best interest
of the health, safety, morals, convenience, order, prosperity and wellare of the
citizens of Garfield CountY'
RECOMMENDATION
on Augus t72,lg92,the Planning commission recommended approval, subject to the
following conditions:
l. All representations of the applicant, either within the application, or stated
belore the Board of County Commissioners, shall be considered conditions of
approval unless stated otherwise by the Board'
2. Prior to issuance of the Special Use permit, a copy of the approved Colorado
Division of Water Resources well permit #03094F shall be provided to the
Planning DePartment.
3. The colorado Department of Health, Drinking water Division, shall approve
the proposed drinking water treatment system'
4. The carbondale Fire District shall review and approve the proposed fire
protection plan, and the applicant shall make any changes requested by the Fire
Chiel including internal sprinkling for guest rooms in the new buildings from
a functioning water system or other lue protection for the units that is
acceptable to the Fire District.
5. The resort will comply with the state Department of Health, consumer
protection Division, licensing requirements for a commercial kitchen, if required'
:
fif,t,"fti'
b ile-tt^zz Tf *:,/. .;*1 ffi - f-;/ a'ln+"^-
APPLICATION TO AMEND CONTR
LEASING WATER FROM
THE WEST DTVIDE WATER CONSERVANCY DISTRICT
CIIRACT # g1OB1O-BFH ATIENDED rncu s.o A/F to read-J-0 A/F
APPLICAIVTNane F
P.0. Box l
Autbrorized Agent or
WATB, RTGIT O{NED BY EPPLIE}IIT
Nanre of
commertial
've Aa"ha"" F"="hl "g,
INIENDD USE OE' LEASED WAIER ..- t,. o--!:^^ 4n
H:ifi.:i:*=-rt"rffi:ili'::'HT"3' t"'"
lJe
t. from North
4
No. 90C1J061 n1?nq4-F
Fts22 ouest rooms acreage 15.2
i;;*;p"tuu" ir"t""
E;p";a waste-water rreaft-l--- ,.,-r^- rrroa.{ai in (l,lrons:ilil;;;*r" vorr.ure es reasJ wa-ter Needed il @lrons:ffi:ry-ffi;ffi$@,"SxWem+'t
An:nual Sotal GaI Ions ,
l6axilmJxlt nutantaneous-De$Erd 40 cIFrIt'
D.OLher Remarks:,
APPIJENI
L _.i
,/J'fl
PUBLIC NOTICE
TAKE NOTICE that Barbara Fasching has applied to the Board of County Commissioners,
Garfielcl County, State of Colorado, to grant a Special Use Permit for a resort in connection
with the following described property situated in the County of Garfield, State of Colorado;
to-wit:
Legal Description:See Exhibit A
practical Description: Located on C.R. I l8 approximately one mile south of Carbondale.
Said Special Use Permit is to allow the Petitioners to develop a resort
on the above described properties.
All persons affected by the proposed Special Use Permit are invited to appear and state their
views, protests or objections. tf you cannot appear personally at such hearing, then you are
urged to state your views by letter, particularly if you have objections to such Special Use
perrnitrequest, asthe BoardofCountyCommissioners will giveconsideration tothecomments
of surrounding property owners and others affected in deciding whether to grant or deny the
request for the Special Use Permit. This Special Use Permit application may be reviewed at the
offrce of the planning Department located at 109 8th Street, Suite 303, Garheld County
Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday.
That public hearing on the application for the above Special Use Permit has been set for the
8th day of September, 1992 at the hour of 2:00 p.m., at the offtce of the Board of County
Commissioners, Garlield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs,
Colorado.
Planning Department
Garheld County
o
ATTACHMENT TO:
APPLICATION
SPECIAL/CONDITIONAL USE PERMIT
lrgal DescriPtion for:
Mt. Sopris Inn
0165 CountY Road 118
Carbondale, CO 81623
Tract of land located in l-ot 2 of Section 10, Township 8 South' Range 88 W' of 6th
P.M.
Described as follows:
Beginning at a point from which the NO. 1/4 corner of Section 10' Township 8 SO''
Range 88 W. of 6th P.M., bears N. 49" OS; W. 5gg.7' thence S' 78' 13' E' 736 feel;
more or less to center of Crystal River thence Southerly along center of Crystal
River 7'12, moreor less, to a point; thence so. 80" 49', W' 697', more or less' thence
N. 40" 17' E. 1024.22' to place of beginning'
t!.
I H APPLICATI
]onosrD rrJEsr sysrEr,t o
ON
OI{NER
A,DRESS
s.3-22nsONTRACTOR I-. --
PHONE
PER'.IIT REQUEST FOR:(J)-l::-1.:::r
]1_tion-. ( ) At reration-Gou,.: ./.1';ifi'l:1r".Itopoqraohy of artoposraphv or 'i.r:^l?pituoil"LJrilildf'r;:;;l;""1F'olilx,r;:::: J!, ixi"ll?f '::"::i::;test hol ps - <ni lresr hores, soit profiiei-i.'r"li'ili,:;.,"ii::,;.;: i:;wells, soii percoiation
: County_Garf iald_
No: n uh:; f t'+., ^3 ?Near what City of fown 1 mile South of Carbondale
Leoal Deserinrin^ ,---ffi tt,t. ^.-,. ,+ot SiZ€ 15.2 arrpsLegal Descrirrron
.See attached legal description
Approvai by
County 0fficia
WASTESTYPE: ( )Dwelling
( ) conrnerciar or Institutionar ( ) r{on-domestic wastes( X ) 0ther - pescribe Crr=t r""r=
BUILDING OR SERVICE NPE,
l{umber of bedrooms g r,-._L_.- -,( ) Garb"n" n"rno ;;.t
persons4
S0URCEANDTYPE-9Fl'tATERsuPPLY: ( x)well ( )spring ( )streamorcreekGivedepthofaIIweIIswithin180feetofsystem:
supplied by corrnunity water, give name or supplier:
cR0uNq c0NDITI0NS:
0epth to bedrock:
)epth to first Ground l,later Table: 95 ft.
Percent ground slope: Z*
)ISTANCE TO T{EAREST COI'II'IUNITY SR{ER SYSTBI: 1 MilE
{as an effort.made to connect to conrnunity system? no
;YPE OF INDIVIDUAL SEI.IAGE DISPOSAL SYSTB,I PROPOSED:(x ) Septfc Tank
( ) Vault privy
( ) pir privy
( ) Chemical Toilet
INAL OISPOSAL BY:
( ) Aeration Plant
( ) Composting Toilet
( ) Incineratfon Toilet
( )0ttrer-Describe:
(
(
(
) Vaul t
) Recycling,
) Recycl ing,
potable use
other use
( x ) ROsorption Trench, Bed or pit
( ) Underground 0ispersal
( ) Above Ground Dispersal( )0ther-Oescribe:
( ) Evapotranspiration
( ) Sand Filter
( ) trlastewater pond
EFFLUENTBEDIscHARGED0IRECTLYINT0t.JATERs0FIHEsTATE,
SOIL PERCOLATION TEST RESULTS: (To be completed byMinutes 4 per inch in
o
Registered Profession
I'linutes 4 pe"
Professiona I Engineer. )
inch in holeMinutes
anr€ r address
7 per inch in
hole No. I
hole No. 2
No. 3
No._Mi nutes Per inch in holeand telephone of RpE who made soij abscrption tests: peter Belau
IlTl: ::1::='_:l_1
,:,ephone of RpE responsibre for desisn of rhe sysrem:
rlrer j 60, Glenuood Springs, Co 81 602 945-2236
Applicant acknowledges that the-completeness of the appiication is conditional upon suchfurther nandatory and ualiitonut telti inJ-r.ports as may be required by the rocar hearthdepartnent to be maoe inJ ir.rirn.J-;i ffi irbri;i";. o;-6y-it. locat rreittn deparunent forPurposes of the evaluation Ji',tt"-lppii"uttoi; and the tsiuince of the permit is.subject tosuch terms and.c?Tdltroni'ai'ae*eJ'-l;;;i;;il to insuie .oilriance *iu,-ilrj.us and resutarionsadopted under Article ro' iiti" zs, c.-R.4.-thi,;;'il;#i:. The.undersigned hereby certifiesthat alI statements made; i;;;rr"tion-anJ-riiorts submitted herewith and iequired ro besubmitted bv the appligirit'iil o" *irr-ue refiresented to be tnre and correct to the bestof my knowledoe-ana'uetie;;il are designea-lo be relied on by ttre local departnent of healtiin evaluating-t
s'iand '!il'.;;v-i:ti3Ti:iitx'.i-'li;"$:ii:iui'lf-:;{:riliii{fel;rllu';.tiif;:.[l*'ilJ'I3T:#T.:, o'lr,lilti'siunt.a bised upon sara-ipiriliiion and in lesal action ror per-
See attached Location wlap
Peter Bil1au, p.E.
o
ATION
ot{nER
A:::::s, H.NE so:-zung*L"oono]il
ADORESSrryjjr llli;G;.,".: u,1ul';;fi'l:lr".[ ,J l,.::il,,rins areas,topography of arear habitabi!-outiJing,'ro.itron oi potut're-water we.11s, soir percorat.iontest hol es , soi I profi I es-in-test hol es . (See page 4 . )
: County Gar.liel_d___
l:::,"r...:l::,:: ot size is.2 a.,o=Legal 0escriOaron
O eRop0SED EAST SysTEm
tt,otv tounr irwncE 0rspor4L_sLSTEH AppLrc Approval by
County 0ffic:
See attached legal descripti
I.IASTES TYPE:( x ) Dweiling
( ) Conmercial or Institutional
( x ) Other - 0escribg Guest Rooms
ljlrmhar. nf h^l-----l{umber of bedrooms 10 llumber of persons 20
1 x ) Garbage grinder ( x) Automatic washer ( x ) Oishwasher
(x)well ( )spring ( )streamorcreekGive depth of all wells within lg0 feet of system: 1Ju ft. (ao rt. te oroundr,rarer)suppl ied by connunfty water, give name or suppl ier:
GROUND CONDITIONS:
()
()
Transient Use
l{on-domestic l.lastes
Depth to bedrock: nnre than 1
)epth to first Ground llater Table:tercent ground slope: Z%
80 ft
)ISTANCE TO NEAREST COIII'IUNTTY SR.IER SYSTEH: 1
las an effort made to connect to conrnunfty system?.YPE OF INOIVTDUAL SB'IAGE DISPOSAL SYSTA{ PROFOSED:(x ) Septic Tank
( ) Vautt privy
( ) Pit privy
( ) Chemical Toilet
( ) Aeration Plant
( ) Composting Toilet
( ) Incineratibn Toilet
(
(
(
) Vault
) Recycling,
) Recycling,
potable us€
other use( )Ottrer-Describe:
INAL DISPOSAL PY:
( x ) AUsorption Trench, Bed or pit
( ) Underground Dispersal
( ) Above Ground Oispersal
( )Other-Describe:
(
(
(
) Evapotranspiratfon
) Sand Fil ter
) t'lastewater pond
EFFLUENT BE OISCHARGED OIRECTLY INT0 WATERS 0F rHE STATE? no
SOIL PERCOLATION TEST RESULTS: (To be completed by Registered professional Engineer.)7 per inch in hole No. I l,linutes 16 per inch in hole No. 322 per inch in hole No. Z ltlinutes per inch in hoie No._and telephone of RpE who made soil abscrption testst po+or Rora,,
address and telephone of RpE responsible for design of the system:Peter Belau, Enartech, fnce ver uqlqLt. .r t
)ate Signed
Applicant acknowledges that the-completeness of the apptication is conditional upon suchfurther mandatory and aaaiitonat teiti-inJ-".ports as may be required by the local heaithdepartnenr ro be made ;;J i;;i:il-;i iiil iipricant. or-6y the rocar rreir*r department forPurposes of the evaluation of'.the-ippiiJutioiri ana tne isiuince of the pennft is.subject tosuch terms and-condition=.i'a"*.i"I;;;;;fi to insure io*riance with nrles and regulationsadopted under Article ro' iiti" ra:;.i:5l-iizil;;;;#i: The undersisned hereby certiriesthat all statements maJa; i;;;rr"tion-inJ reports suumiitea herewittr ina iiquired to besubmitted by the appltcint'ii. o" wiil ue reiresented to be tnre and correct to ure bestot mv knowledqe. and belier ina i""'i"itin-ed-[o ue "eitea ii uv the local department of healr;rin evaluating-t
s,and ,,,i, iivt:riiTi,ii,xliiliE;:I;i;:iljr,:rii;Tr,il;in $i.li#li'i.:"#r:;[*"3;J'[T:#T.:j i]',!ilit eranted bised upon 'itJ-lpiiiliiton and in resar action ror per-
Mi nutes
Hinutes
anre, address
Rgvr q€ D
:-ASE DRAI., AND TE I,IAP TO YOI,R'
See attached Location fvlap
z/ >z ,/q-' I !.--
1.,l.
ATTACHMENTTO:
APPLTCATTON
SPECIAL/CONDffiONAL USE pERrvtrT
bgal Description for:
Mt. Sopris rnn
0165 County Road 11g
Carbondale, CO g1623
H;: of land located in l.ot 2 of section lQ Township g souttu Range g8 w. of 6th
Described as follows:
Beginning at a point from which the No. l/4 alrrer_of secrion 10, Towuship g so.,Range 88 W. of 6th P.M., bears N. 49'05; W. Sgg.T,thence S. 7g. 13, E. 136 feet;Eore or Iess to ce-nter of crystal River thence sou&erly along center of crystalRiver 772' morc or less, to a ioint; thence so. gtr 49, w. 697, dore or less, thenceN. 40" t7' E. tm42T,to place of beginning.
ur..r*./+*a
"o."r*r.o." P [z o^re z - 70 -9 2-
oarcP.E/l9ED 7'23-1t-
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P.O. Drawer 160
GLENWOOD SPRiNGS, CO 8T602
(303) 94s-2236 CHECKEO BY
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82,//rs
ENARTECH, IC
302 Eighth Street, Suite 325
P.O. Drawer 160
GLENWOOD SPRINGS, CO 81602(303) 94s-2236
" "u*oo"r-?T-v o,lre 7' ?O -12
CHECKEO BY
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