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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.13.2003Exhibits for Mackley SUP Public Hearing held on 10/13/03 A Mail Receipts B Proof of Publication C D Garfield County Zoning Regulations Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Letter from Michelle Fracasso to the Building and Planning Department dated October 2, 2003 14/ 1(4-7 71m? /2 6 ci,14/ Lak- 11,4'''''r 4-q ///3A/144v ' p k, BOCC 10/13/03 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST A request for review of a Special Use Permit for Resort Designation in the A/R/RD zone APPLICANT Arnold L. and Darleen Mackley LOCATION Southwest of Rifle, central to Rifle and Rullison, south of 1-70 approximately 8 miles SITE DATA ACCESS EXISTING ZONING ADJACENT ZONING 160 Acres CR 324, and private internal roads A/R/RD A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located within Study Area 3 in the Comprehensive Plan of 2000. This Study Area characterizes the area as "outlying residential." II. BACKGROUND 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 Applicant received approval for a Special Use Permit for a "resort" in 1998 via Resolution No. 99-08 and a permit has been issued. This approval for a resort allowed for the placement of four additional guest cabins ranging from 1,500 to 2,500 square feet, with a main lodge up to .432W -square feet. The proposal would also create four outdoor campsites for tent camping. The main target market includes family reunions, weddings, and other similar social activities. A small restaurant serving guests only is planned for the larger main lodge. To date, none of the proposed buildings have been constructed. III. PROPERTY DESCRIPTION The property consists of 160 acres and contains natural forestry indigenous to the area such as sagebrush, pinion, stands of cedar; oak, and cottonwood. The property also contains several cleared meadows and several natural springs. The property is bordered by both private and public lands. In its decade of use as a ranch and home site, various roads and trails have already been constructed which can also serve as hiking, horseback and cross country ski trails. The property is unique and well suited for the requested use in that it is situated in hidden valleys and hills that will provide a screening for the proposed use. All activities and cabins will be nestled into the surrounding forestry and valleys, and will not affect any scenic views held by the neighboring ranches. 1 The property is currently improved by three buildings: a 24x30 log cabin, a 20x30 garage, and a small storage shed. The Applicant states the log home was constructed in the 1940s, after the original house was destroyed by fire. The interior was completely remodeled in the late 1980s, but the rustic log cabin shell was kept intact. The garage was constructed in the 1960s and is in good condition and will require no further changes in its appearance. Regarding wildlife, the property is the seasonal home to elk, mule deer, wild turkey, coyotes, ground squirrels, chipmunks, porcupines, raccoons, and a variety of bird life. It also provides seasonal productive hay ground for cattle and horses. We currently have a cooperative landowner/Colorado Division of Wildlife agreement to enhance feed production for both wildlife and domestic animals. The program is partially funded by the Colorado Division of Wildlife. The Applicants plan to approach the project in phases so that it can be determined what the needs are and the direction we should head in order to be successful. The first two years they would operate with the present cabin as the primary building for lodging and meal preparation while we were constructing a small lodge (40x60) with food preparation facilities, a guest cabin (20x30 ft), and four campsites. If the project appeared to be successful and funding was available, the next phase of the project would be to build a cabin each year until it reached the four allowed. h �� IV. DESCRIPTION OF THE PROPOSAL 17 The Applicant is proposing to expand the footprint of the main lodge. In the oliginal approval mentioned above, the Board approved the main lodge building as having 3,200 -square feet as proposed by the applicant. Presently, the Applicant believes that a larger footprint is necessary to adequately serve the purpose of the lodge. As a result, the Applicant is asking the Board to amend the original Special Use Permit approval to allow an expanded total footprint of 4,375 square feet for the main lodge. The remainder of the proposed resort operation remains as approved. This request represents a -471 -square foot increase in the main lodge footprint. 1� �< 1 1 LN^"' In addition, the Applicant will be constructing one of the four approved cabins concurrently with the construction of the main lodge which will remain within the approved square footage previously approved by the Board at 2,500 sq. ft. V. STAFF COMMENTS A. Zoning: The proposal (Resort) is a special use pursuant to Section 3.02.03 in the A/R/RD zone district. The Board approved the Special Use Permit which is memorialized in Resolution No. 99-08 and a permit has been issued. B. Process: The Zoning Resolution of 1978, as amended, provides a process by which a Special Use Permit request is reviewed. It does not provide a process for amendments to an existing / approved Special Use Permit. Based on the limited nature of the present request, the Staff review has been focused on the slight expansion of the main lodge and does not represent an entire re -review of the entire proposal which has already occurred and resulted in an approval. Note, Staff has provided the same conditions of 2 approval as required of the original approval (Resolution No. 99-08). C. Access: Legal access will be provided via private internal roads and County Road,3-2f( To access the property one may choose from either a Rifle or Rulison exit via 1-70. The county roads leading to the property are 323, 309, 320, and 329. The land is located 4.5 miles east of Rulison and approximately 8.5 miles west of Rifle on the south side of the Colorado River. With the exception of County Road 329 (a 1.4 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 adequate sight distance in both directions and will not require any modifications 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. D. 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. The stream running through the main valley of the property is Spruce Creek. It is a seasonal creek and its flow is about 1 cubic foot per second (cfs). The Applicant has the decreed right to that water. The property also contains many natural water springs which flow at approximately 40-50 gallons per minute (gpm). The Applicant also has the decreed right to all of those springs. There are no drilled wells on the property. E. State and Local Health Standards: State health standards are applicable to the application, namely the Colorado Department of Health ISDS (septic) setback standards, which should be verified by an engineer at time of installation, and any permitting as may be required for the main lodge kitchen. F. 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 far eastern portion of the parcel. The property is not known to be subject to any unusual hydrologic or geologic hazards. G. 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. H. 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. 3 VI. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the public 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. That for the above stated and other reasons, the proposed Special use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 5. That the application is in conformance with the Garfield County Comprehensive Plan of 2000. VII. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 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 obtains all building permits and inspections consistent with the adopted rules and regulations of Garfield County for all development within the resort area. 3. That site specific soils investigation shall 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. 4. That prior to usage of any adjoining public lands, an access and recreational use permit be obtained from the Bureau of Land Management. 5. That a final engineered water system be approved by the Building and Planning Department prior to issuance of building permits. rctr. - 6. That a fire mitigation plan be prepared and submitted to the Building and Planning Department prior to issuance of building permits. 7. 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. 4 8. That the applicant be limited to four ( 4) cabin sites, four ( 4) camping sites and one (1) main lodge site and existing structures on site. 9. If alcohol is to be served in connection with the use, that the applicant receives licensing for service from the appropriate entity. 10. 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. 11. 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. 12. 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. 5 Michelle Fracasso 349 Spruce Creek Road Rifle, CO 81650 October 2, 2003 Planning Department Board of County Commissioners Garfield County Dear Sir or Madam: EXHIBIT ! 6 This letter serves to confirm my receipt of notice from Arnold and Darleen Mackley of their application to request an amended special use permit in connection with their property located at 0436 County Road 329, Rifle, CO 81650. I have no objection to their Special Use Permit amendment and am in favor of granting their request. Sincerely, Michelle Fracasso MENET.)C i 10/09/2003 01:32 6253627 ROAD AND BRI DGE GARFIELD COUNTY Building & Planing Department Review Agency Form Name of application: Mackley SUP Sent to: Garfield Coun RoadBrid D • Date Sent: Comments Due: Garfield County requests your continent in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Fred Jarman 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General comments: The Road and Brid addi " 1 si a ea-„ and .. rk ;w. r quirements drjling busirle§s, This Reiterates a large volume in their drilling operations. Name of review agency: Brid • D:J+t By: Jake B. Mall Date 10/9/2003 REvised 3/30/00 RIFLE FIRE PROTECTION DISTRICT October 2, 2003 Arnold Mackley 4031 County Road 320 Rifle, Colorado 81650 Reference: Special Use Permit Mr. Mackley, RECEIVED OCT 1 : 2.003 GARF [ELD CO m-rf BUILDING & FLA NNING EXHIBIT I am writing this letter in regards to your request for a Special Use Permit to construct a home and future cabins for use as a Bed and Breakfast on County Road 329 in Rifle. In review of the proposal, the District would make the following comments and recommendations. 1. Addresses are to be posted where the driveway intersects with County Road 329. Numbers are to be a minimum of four inches in height, V2 inch in width, and be in contrasting colors of the background. 2. An approved water supply is available within two miles which meets the minimum standards of the district. It should be noted that the water supply is limited and will limit the district's ability to suppress a structure fire. 3. Vegetation should be removed from around any structures to provide a defensible space in the event of a wild land fire. Consideration should be given to using fire resistive materials when building structures. 4. It is recommended that as the time comes closer for construction and the specific building products have been chosen that you contact the fire protection district for final determination of setbacks and defensible space recommendations. 5. Based upon our discussions, it appears that the structure will remain an R-3 occupancy and will not have any specific fire code requirements other than those included in the building code. As the final design of the structure becomes determined, the Building Official will make this final determination and may forward plans to the District for our review. Thank you for your cooperation and feel free to contact me if you have any additional questions or if I can be of further assistance. Sincerely, Mike Morgan Chief Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • Rifle, Colorado 81650 Garfield County BUILDING & PLANNING DEPARTMENT NOTE TO FILE FROM: Fred A. Jarman, AICP, Assistant Planning Director DATE: Tuesday, February 22, 2005 RE: Clarification of Resolution no. 2003-81 Note, The "Whereas" statement in Resolution No. 2003-81 states: WHEREAS, Arnold and Darleen Mackley specifically request approval for a resort to include the placement of four additional guest cabins ranging from 1,500 to 2,500 square feet, with a main lodge up to 4,375 square feet, and four outdoor campsites for tent camping; and The square footage mentioned for the main lodge, as consistent with the application, represents the square footage of the footprint of the main lodge as described in the application. This was the sole purpose of the SUP. The 4,375 sq. ft. figure is not intended to represent a maximum Floor Area Ration (FAR). Fred A. Jarman, AICP Assistant Planning Director 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470