HomeMy WebLinkAbout3.0 BOCC Staff Report 12.21.1998REQUEST:
APPLICANT:
BOCC 12/21/98
PROJECT INFORMATION AND STAFF COMMENTS
A request for review of a Special Use Permit for
Resort Designation in the A/R/RD zone
Arnold L. and Darleen Mackley
LOCATION: Southwest of Rifle, central to Rifle and Rullison,
south of I-70 approximately 8 miles.
SITE DATA: 160 Acres
ACCESS' CR 320, and private internal roads
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is classified as District C, Rural Areas in the 1984 Garfield County
Comprehensive Plan. This District is characterizes as a rural area with minor
environmental constraints.
II. DESCRIPTION OF THE PROPOSAL
Site & Description The applicant is requesting resort status for a 160 acre
parcel currently being used for light agricultural operations. A single homestead
cabin is located on site. The project would allow for the placement of few Tr+eVS-.
additional cabins ranging from 1,500 to 2,500 square feet, with a main lodge up to
3,200 square feet. The proposal would also create four outdoor campsites for tent
camping. The proposal indicated that the main target market would be family
reunions, weddings, and other similar social activities. A small restaurant serving
guests only is planned for the larger main lodge. (See Pg.?-/ D )
III. MAJOR ISSUES AND CONCERNS
A. Zoning: The proposal is a special use pursuant to Section 3.02.03. In the A/R/RD
zone, the applicant could construct up to 4 single family dwellings on the 160 acre
parcel. The applicant is seeking resort status to allow flexibility for the placement,
design and overall layout of the project.
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The following sections of the Supplementary Regulations shall apply to the
development:
5.02.07 Site Requirements Applicable Only to Camper Parks:
(2)(A) The area devoted to each camper space designed for tent camping shall be
adequate to accommodate the following facilities and spatial requirements: Each space
shall be provided with a fireplace or fire circle, a picnic table and a well -drained,
reasonably level tent site. The minimum on -center distance between tent sites shall be
twenty (20) feet. Each space shall provide a graveled parking space. Adequate traffic
barriers shall be provided to confine vehicles to driveways and parking spaces;
5.02.11 Fire Protection: General Requirements: Provisions shall be made for giving alarm
in case of fire. It shall be the responsibility of the duly authorized attendant or
caretaker to inform all tenants about means for summoning fire apparatus, sheriffs
department and park employees. No open fires shall be left unattended at any
time.
(1) Portable Fire Appliances:
(A) Approved facilities shall be provided for fighting fires in ordinary combustible
materials (Class A), readily accessible to all park occupants, in readily visible
locations. Such facilities shall consist of a hose of a type usable in all weather,
permanently attached or in cabinets immediately adjacent to the hose connection so
located that any part of any mobile home, travel trailer or camper vehicle can be
reached with a garden hose stream;
(B) One (1) or more approved carbon dioxide or dry chemical extinguishers of
a type suitable for flammable liquid or electrical fires (Class B and Class C) shall
be located either in an open station so that it will not be necessary to travel more
than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile
home and camper at the owner's responsibility and verified by the park operator;
(C) Appropriate arrangements shall be made to prevent freezing of fire fighting
equipment.
5.02.10 (B) Each tent camping area shall be provided with one (1) individual watering station
for each four (4) spaces; such station to be constructed similar to individual water
service connections as provided under 5.02.10(2) except that riser height shall be
thirty (30) inches and a splash pad shall be installed around the base.
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5.02.17 Service Buildings: General Requirements:
(1) The requirements of this Section shall apply to service buildings, recreation
buildings and other community service facilities such as;
(A) management offices, repair shops and storage areas;
(B) sanitary facilities;
(C) laundry facilities;
(D) indoor recreation areas;
(E) commercial uses supplying essential goods or services for the exclusive use of park
occupants.
(2) Structural Requirements for Buildings:
(A) All portions of the structure shall be properly protected from damage by ordinary
uses and by decay, corrosion, termites and other destructive elements. Exterior portions
shall be of such materials and be so constructed and protected as to prevent entrance or
penetration of moisture and weather;
(B) All rooms containing sanitary or laundry facilities shall have sound -resistant walls
extending to the ceiling between male and female sanitary facilities. Walls and partitions
around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of
dense, non-absorbent waterproof material or covered with moisture resistant material;
(C) Each room containing sanitary or laundry facilities shall have at least one (1)
window or skylight facing directly to the outdoors. The minimum aggregate gross area of
windows for each room shall be not less than ten percent (10%) of the floor area served
by them. Have at least one (1) window which can be easily opened, or a mechanical
device which will adequately ventilate the room;
(D) Toilets shall be located in separate compartments equipped with self-closing doors.
Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct
view of the interior when the exterior doors are open;
(E) Illumination levels shall be maintained as follows:
(i) general seeing tasks - five (5) footcandles;
(ii) laundry room work area - forty (40) footcandles;
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(iii) toilet room in front of mirrors - forty (40) footcandles;
(F) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and
laundry fixture, and cold water shall be furnished to every closet and urinal.
5.02.18 Service Building Requirements:
Required Community Sanitary Facilities:
(A) A central service building containing the necessary toilet and other plumbing
fixtures specified shall be provided in all camper vehicle or trailer parking areas which
provide parking spaces for dependent vehicles or trailers and for tent camping areas.
Service buildings shall be conveniently located within a radius of approximately three
hundred (300) feet to the spaces to be served;
(B) Sanitary facilities for women shall include a minimum of one (1) flush toilet, one
(1) lavatory and one (1) shower for each fifteen (15) spaces or fractional number thereof;
(C) Sanitary facilities for men shall include a minimum of one (1) flush toilet, one (1)
urinal, one (1) lavatory and one (1) shower for each fifteen (15) spaces or fractional
number thereof;
(E) When a camper park requiring a service building is operated in connection with a
resort or other business establishment, the number of sanitary facilities for such business
establishment shall be in excess of those required by the schedule for camper spaces and
shall be based on the total number of persons using such facilities.
5.02.19 Supervision; General Requirements:
(1) The duly authorized attendant or caretaker shall be in charge at all times to keep
the park, its facilities and equipment in a clean, orderly and sanitary condition;
(2) The owner shall be answerable for the violation of any provision of this Regulation
and other applicable County and State regulations. Copies of Regulations shall be made
available to the park residents by the park manager or owner;
(3) Refuse Handling: the storage, collection and disposal of refuse in mobile home
parks and camper parks shall be so arranged as to create no health hazards, rodent
harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall
be disposed of at either a municipal or County designated landfill site;
(4) Pest Control: grounds, buildings and structures shall be maintained free of insect
and rodent harborage and infestation. Extermination methods and other measures to
control insects and rodents shall conform with the requirements of the County
Environmental Health Officer and the Colorado State Department of Health;
(5) Pet Control: no owner or person in charge of any dog, cat or other pet animal
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shall permit it to run at large or commit any nuisance within the limits of any mobile home
or camper park.
B. Legal Access: Legal access will be provided via private internal roads and County
Road 320. (See Pg. /] )
C. Water and Sewer: A centralized water system is proposed utilizing on site springs
and a cistern- central system. Water quality and quantity is both good and
sufficient for the proposal. (See Pg. /5-a.5 )
F. State and Local Health Standards. State health standards are applicable to the
application, namely the Colorado Department of Health ISDS setback standards,
which should be verified by an engineer at time of installation, and any permitting
as may be required for the Lodge kitchen.
G. Drainage: The parcel drains to the north and east utilizing two major drainage, the
Spruce Creek Drainage running centrally through the property and another minor
drainage on the extreme eastern portion of the parcel. The property is not know to
be subject to any unusual hydrologic or geologic hazards.
H. Fire Protection: The site is located within areas of low to moderate wildfire
hazards. The installation of a central water system as well as individual cabin site
mitigation in the form of extinguishers and proper siting which creates reasonable
defensible space, should alleviate most hazard. The property could be served by
the Rifle Fire Protection District or the Grand Valley Fire Protection District.
Response time would be slow and the fire fighters would be limited to water and
equipment carried on trucks. The central water system should be designed to allow
for convenient use in the event of an emergency.
Geologic Hazards: Soils in this area may be suspect to moderate to severe
geologic hazards, individual site specific soils investigation should be performed
for the placement of structures and septic systems.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Planning Commissioner.
2. That the meeting before the Planning Commission was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested
parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning Resolution
of 1978, as amended.
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V. RECOMMENDATION
At their December 9 hearing, the Planning Commission moved to recommend
APPROVAL, with the following conditions:
1. That all representations of the applicant, either within the application or stated at
the hearing before the Board of County Commissioners, shall be considered
conditions of approval.
2. That the applicant obtain all building permits and inspections consistent with the
adopted rules and regulations of Garfield County for all development within the
resort area.
That site specific soils investigation be performed for all proposed sites prior to
construction of units and that all construction be consistent with all
recommendations of a licensed engineer, and that the engineer verify that all
excavation and foundation bearing strata were observed and that no changes were
necessary prior to the foundation being poured.
That prior to usage of any adjoining public lands, an access and recreational use
permit be obtained from the Bureau of Land Management.
That a final engineered water system be approved by the Building and Planning
Department prior to issuance of building permits.
That a fire mitigation plan be prepared and submitted to the Building and Planning
Department prior to issuance of building permits.
That all kitchen facilities be permitted as required with the State Department of
Health.
S. That the applicant annually test and report the condition of the water system to the
State Department of Water Resources as may be required by the State.
9. That the applicant be limited to four (4) cabin sites, four (4) camping sites and one
(1) lodge site and existing structures on site.
10. If alcohol is to be served in connection with the use, that the applicant receive
licensing for service from the appropriate entity.
11. If any further expansion of the use be attempted, that the applicant readdress the
proposal with and obtain the necessary approvals from the Board of County
Commissioners.
12. No new open hearth solid -fuel fireplaces will be allowed anywhere within the
resort designated area. One (1) new solid -fuel burning stove as defied by
C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be
allowed in any dwelling unit. All dwelling units will be allowed an unrestricted
number of natural gas burning stoves and appliances.
13. All exterior lighting be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of designated cabin sites,
except that provisions may be made to allow for safety lighting that goes beyond
the property boundaries.
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Mackley Special Use Permit
The parcel of land for the proposed property
use consists of 160 acres. It contains natural
forestry indigenous to the area, sagebrush, pinion,
stands of cedar, oak, cottonwood, cleared meadows
and it is peppered with several natural spring
water sites.
The property is bordered by both private and
public lands. In it's decade of use as a ranch and
home site various roads and trails have already
been constructed which will suffice as hiking,
horseback, snowmobile and cross country ski trails.
There is no need to further disrupt any terrain.
Roads and trails were built by the pioneers to
accommodate wood gathering, access to the fields
and livestock grazing.
To access the property one can choose from
either a Rifle or Rulison exit via I-70. The
County Roads leading to the property are 323, 309,
320 and 329. It is located four and a half miles
east of Rulison and approximately eight and a half
miles west of Rifle on the south side of the
Colorado River. With the exception of County Road
329 (a 1,1 mile gravel road), the roads are surfaced
with chip and seal. The road within the property
that would be used for motor vehicle access is
maintained and newly graveled.
The road (driveway) leading to the property off
of County Road 329 has good sight distance in
either direction and will not require any changes
from what is presently in place to satisfy the
needs of this requested use. With cleared ground
in both directions it is not a blind or hidden
driveway so any vehicle can enter the grounds
safely.
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RCHARD M. BARNETT JR.
5809 Coes?* Road 320
Rifle, Colorado 81650
(970) 625-3024
To Whom It May Concern:
We understand that Arnold Mackley, residing at 4031 County Road 320, has
applied for permission to erect a Bed & Breakfast, consisting of four
cabins, on his Spruce Creek Property south of County Road 320.
We are neighbors of Arnold Mackley, living about 1 1/2 miles from his
residence on 320 Road. We would welcome a Bed & Breakfast here: It is a
very appropriate industry for this area, well-suited for the spot on which
it will be located. Because of its small size, it will have very little
impact on traffic on either 320 Road or Spruce Creek Road. It will also
have minimal, if any, impact on the environment. In fact, it is one
industry that will enhance the environment --creating a comfortable yet
very "natural" rustic place for people to relax and enjoy God's
countryside.
Respectfully,
•
dir
Richard M. Barnett Jr. 77 L
Carole M. Barnett
DEC -21-1998 14:57 FROM GARFIELD CO ROAD & BRIDGE TO 9457785 P.01
GARFIELD COUNTY
ROAD AND BRIDGE
P_0.. RDx 2254
Glenwood Springs, Colorado 81602-2254
Phone 945-6111
DATE: December 21, 1998
TO: King
FROM: Oenni>s
REt Road Maintenance On CR 329 For 1998 - 1997
1998 --
WEEK OF:
03/02/98 Louthan, 0 (Patrol Rd) 2 Hrs
03/16/98 Head, J (Blade Rd) 3 Hrs
09/04/98 Head, J (Blade Rd) 4 Hrs
1997 --
WEEK OF:
01/20/97 louthan, D (Patrol Rd) 3 Hrs
01/20/97 Mall, 3 (Pull Ditch) 1 Hr
01/27/97 Loutnan, D (Patrol Rd) 4 Hrs
04/14/97 Head, J (Blade Rd) 6 Hrs
06/20/97 Mahaney, S (Mowing) 10 Hrs
10/20/97 Mahaney, S (Mowing) 5 Hrs
Unit 340 ? Hrs
Unit 361 3 Hrs
Unit 361 4 Hrs
Unit 340 3 Hrs
Unit 228 1 Hr
Unit 339 4 Hrs
Unit 361 6 Hrs
Unit 147 10 Hrs
Unit 147 5 Hrs
LABOR HOURS 38 HOURS EQUIPMENT HOURS 38 HOURS
TOTAL P.01
7. Family Vacation/Lodging - by reservation
The proposed use will allow the family to
reunite in activities such as fishing,
horseback riding, hiking, hay rides, camping,
sledding, snow mobiling. The cabins will
allow the families to be independent in their
commissary needs, or it can upon request be
provided for them.
8. Camping Sites (4)- Nestled into the
surrounding hills and forestry, these
secluded unobtrusive sites will allow for an
authentic outdoor experience in a controlled
setting.
9. Trails - The surrounding grounds have
existing trails that are raw, yet maintained
giving the feeling that one is out in nature,
not in man made park. These trails will be
used for horseback riding, hiking, cross
rn„ntry skiing, llama trekking, snow mobiling
11. Sportsmen - The accommodations will be
suited for hunters, with the right to safely
hunt on the grounds during the appropriate
seasons.
12. As per the availability of funds the
projected growth of the facilities will expand
to include Jacuzzis/hot tubs, a/par three golf
f
Ala i°
-1 -
course,.q,
- -. gas
e _rnp lit cross country ski trails. Ji i the . to i t
(to be built) will be adequate space and
technusogy to hold business conferences and
potential for professional
working weekends.
The hours of operation will depend upon the
demand for use of the property. Ultimately, it
would be ideal if the cabins were booked every
night, and the outdoor activities would be
conducted during the daytime hours. We propose
that all requests to use the facilities be by
reservation only, in hope to prevent undue traffic
at late night hours. Check out times will be
flexible, afternoon check in times will be strictly
adhered to for the safety of the patrons and the
consideration of the neighbors. The amount of
vehicles accessing the property will also vary
depending on how large the planned function is, if
necessary a shuttle will be run from County Road
320 to the property, albeit at either place there
is adequate parking. Depending on the success of
the proposed use the amount of vehicles accessing
the property will range from one vehicle to at the
most 15, whereas after a shuttle will be run from
the main road.
The purpose we hope to accomplish with the
special use is three fold. First we hope to
fulfill a need in this portion of the county to
provide a secluded escape for families, couples,
and companies to congregate in the peaceful
serenity of a natural Colorado setting. This
outlet is presently unavailable, especially in the
exclusively private manner in which we plan to
operate the proposed use. Second, it is not
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possible to make an investment such as this ranch
provide for it's own operational costs using
strictly agricultural and livestock means as it's
only source of income. Thirdly, we want to avoid
at all costs the subdivision of this land and this
proposed use will allow the land to stay in the
family and support them as they continue to live on
it and create ways for the land to work for them.
The request would be to use the existing log
house to provide lodging and meals, the existing
garage would be used as a shop and storage. The
storage shed will remain as storage. There is a
partial root cellar that will be restored to
useable condition.
We plan to phase the project so that it can be
determined by experience what the needs are and the
direction we should head to be successful.
The first two years we would operate with the
present cabin as the primary building for lodging
and mealre a�u �Q n while we were constructing a
P P
small lodge (100x50), a gues` '20x30
twok campsites (4 each) ,
If the project appeared to be successful and
funding was available the phased plan would be to
build 2 cabin each year until it reached the
allowed.
Overall it should be emphasized that the
proposed use of this land will be the utilization
of it's existing nature. Extreme care will be
taken to make sure that no scenic views will be
ruined and that no forestry will be disturbed. We
-/3
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want to keep this operation as private and
unobtrusive as potentially possible so that the
main draw of the patrons will be to experience the
tranquillity of the setting while gathering in
fellowship. While striving to provide this for our
guests we will approach this venture with the
utmost concern of protecting the existing serenity
and lifestyles of our neighbors so that they will
not be disturbed.
Li -
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