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Home My WebLink About6.0 Resolution 2005-24iltilfl tuililil ][tilill[t]lil il]ill[]668722 92/16/2005 10:568 81663 p194 n RLSDORF 1, 61 6 R O,OO D O.OO GRRFIELD coUNTY co STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood springs on Monday, the 20th day of December, 2004, there were present: Jphn Martin , Commissioner Chairman Larry McCown ., Commissioner Trdsi Houpt . Commissioner Don DeFord _ , County Attomey Mildred Alsdorf , Clerk of the Board Ed Green , Counfy Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2005-24 A RESOLUTION CONCERI{ED WITH THE APPROVAL OF A SPI]CIAL USE PERMIT (SUP) FOR A RESORT FOR 7W GUEST RANCH, LLC, MARK WILHELM WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from 7W Guest Ranch, LLC, Mark Wilhelm for a SUP to allow for a Resort designation at the 35.001 acre site in a tract of land located in the NE % of Section 28, Township 3 South Range 87 West of the 6th Principle Meridian; also located at 3412 County Road #151 in the Sweetwater area of northeast Garfield County and known as Parcel #1863?810011i by the Carfield County Assessors office; and WHEREAS, the subject property is located in the A/R/RD Agricultural/Residential/ Rural Density zone district which contemplates a "Resort" as a SUP within that district; WHEREAS, 7W Cuest Ranch, LLC, Mark Wilhelm specifically request approval for a Resort to include the uses and activities as specified in the conditions of approval found in this resolution; and WHEREAS, the Board held an initial ls public hearing on the 4th day of October, 2004, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons rvere given the opportunity to express their opinions regarding the issuance of said Special Use Fermit and where the public hearing was continued to allow the Applicant additional time to generate and provide outstanding and necessary information and present said information on November 15th, 2004, at a regular BOCC meeting; and ) )ss ) -r1 \-I ,tl .,. \?) ilf]il ilil l]ilt ill lllt il]ilillil ililn[]668122 @2/16/2@@5 10:5EB 81663 p195 l.t RLSDORF2 bf 6 R g.OO D O.@o GRRFIELD coUNTY co WHEREAS, the Board opened a continued the public hearing on a znd meeting date on the lSth day of November, 2004, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested pasons were given the opportunity to express their opinions concerning the approval of said special use permit, and where the public hearing was, for a second time, continued to allow the Applicant additional time to generate and provide outstanding and necessary information and present said information on December 20th, 2004, ata regular goLa meeting; and WHEREAS, the poard opened and continued, for a second time at a 3'd meeting, a public hearing on the 20th day of December,2004, upon the question of whether the above described SUP should be granted or denied, at which hearing the public airb interested persons were given the opportunity to express their opinions concerning the approval of said special use permit;and WHBREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. 'fhat'the public hearing befbre 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 Sections 2.02.448,3.02.03, 5.03 and 9.03 of the Garfield County Zoning Resolution of 1978, as amended. NOW, TIIEREFORE, BE IT RESOLVED by the Board of Counfy Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the designation of resort at the site identified in the application, upon the following specific conditions: 1. That all representations a.nd agreements 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. The applicant shall obtain all building permits and inspections consistent with the adopted rules and regulations of Garfield County for atl development within the resort area. 7W Cuest Ranch, SUP 2/t4t0s ilililr illt ililI lil lilt ill[3ilr ilr illll ilil llil 3 of 6 R o.OO D O.O0 GRRFIELD C0UNTY C0 3. The Applicant shall submit a new Special Use Permit application for approval if in the future any new improvements or activities are desired as part of a resort designation and not specifically identified in this application. S The installation of all required ISDS upgrades or replacements shall comply with theuI Colorado Department of Health ISDS (septic) setback standards, which shall be verified and certified by a registered Colorado engineer. Additionally, an engineering report regarding ISDS improvements, which demonstrate how they are capable of serving new development requirements, shall be submitted with any new building permit application to the Building and Planning Department. 5. Certain activities associated with the resort which will take place on USDA Forest Service lands shall comply with all rules and regulations applicable thereto. Prior to usage of any adjoining public lands, an access, recreational use or any other required permits shall be obtained from the USDA Forest Service. Additionally, Motorized travel on forest lands in the vicinity ofthe resort is prohibited (except over-snow travel). 6. All new buildings, outbuildings or mobile structures shall be built and landscaped to conform to current wildfire practices suggested by the Colorado State Forest Service. The Applicant shall prepare a fire mitigation plan and submit said plan in writing to the Building and Planning Department fbr approval prior to issuance of buiiding permits. @ The applicant shall annually test and report the condition of the water system to the State Department of Water Resources as may be required by the State. The Applicant shall submit a review for approval to include Capacity Development by the Water Quality Control Division of the Colorado Department of Public Health and Environment to be submitted to the Building and Planning Department prior to issuance of the Special Use Permit. 10, The Applicant shall be required to observe that the contract for water from the Colorado River Water Conservation District (CRWCD) remain in effect for the life of the proposed SUP. ll.That the applicant shall be limited to the use of no more than ten (10) dwelling units including ernployee housing and other associated structures for a total of fourteen (14) structures for the resort which include: l. seven (7) cabin sites for guests 2. one (l) main lodge site with lodging for one ernployee 3. one (1) stable building (east side of resort compound) 4. one (1) barn/tack building (east side of resort compound) 5. one (1) large storage facility/shed building (west side of resort compound) 6. one (l) small storage barn (central area of resort compound) 7W Guest Ranch, SUP 2/t4105 LL'tl t[LllH,] t 1 l! lLllu#iulr il rlulll! I q in a R o.oo D o.oo GARFIELD couNTY co 7. two (2) modular lodging structures for employees. 8. other non-habitable existing structures on site as shown on the site plan, specifically the pump house and hot tub pad. 12. There shall be no more than thirty-three (33) guests and three (3) employees residing at the Resort at any one time. 13. To the extent of the law, if alcohol is to be served in connection with the use the applicant shall apply for and receive and maintain licensing for said service from the appropriate entity for the duration of the Special Use Permit. 14.At such time the two existing older mobile homes are removed any replacement dwelling ,7,-.--^ units shall meet all code requirements of the Garfield County ZonrngResolution of 1973, as <f" Amended' --a--- W'- #{' '' G-fu7 15. The Applicant shall continue to comply with licensing requirements for the comme..#q ?001-* kitchen with the State Deparrment of Health, Consumer Protection Division. 16. No new open hearth solid-fuel fireplaces will be allowed anywhere within the resort designated area. One (1) new solid-fuel buming stove as defied by C.R.S. 25-7-447, 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 buming stoves and appliances. 17. All exterior lighting shall 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. (t)ft" Applicant shall amend the site plan in the application to clearly identify the storage - facility and idortiff which bam is subject to future expansion and modification as requested in the application and shall provide the amended site plan to the Buiiding and Planning Department for approval prior to issuance of the Special Use Permit. 19. The Applicant shall make application to the Garfield County Building and Planning Department for a building permit for the new completed storage facility to the west, allow inspections, and ultimately gain a Certificate of Occupancy consistent with the adopted rules and regulations of Garfield County prior to the issuance of the Special Use Permit. Also, a Registered Colorado Engineer or Architect shall certifu all of the construction within the new storage facility complies with Garfield County Building Code Requirements. 20. At such time the two (2) existing mobile homes used for employee housing are replaced the Applicant shall make application to the Garfield County Building and Planning Department for a building permit, allow inspections, and ultimately gain a Certificate of Occupancy consistent with the adopted rules and regulations of Garfield County prior to habitation of these strucfures. 7W Gucst Rznch. SUP 2/14t05 0,(. {, s. &r'25/L tto)6 \F*o lllltil il1il Hilil ][ [] il]lt tililt l]] ]il tilt 65812? 02/16/2005 10:56R 81663 P198 ll OLSDORF5 of 6 R O.OO D O.@O GRRFIELD COUNTY c0 @. A water test shall be conducted which include the following items used to determine physical water supply; 1. That a four (4) hour pump test be performed on the well to be used; 2, A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the proposed use on; 5. The water quality shall be tested by an independent testing laboratory and meet State guidelines conceming bacteria and nitrates. The test results, with satisfactory results, shall be forwarded to the Building and Planning Department prior to the issuance of the Special Use Permit. 22.T\e Applicant shall be allowed to store, maintain and repair up to 10 motorcycles for personal use within the new storage facility. 23. An annual review of this special use shall be conducted by the Building and Planning staff, consistent 9.03.05 of the Zoning Resolution, conceming the conditions of approval contained in this Resolution, including but not limited to use of the new Storage Facility. 24. All vehicles used for recreation or maintenance purposes on the site shall have spark arrestors as a fire prevention device. @.rn"Applicant shall provide a list to the Building and Planning Department documenting no more than ten (10) identified persons allowed to store motorcycles in the new storage facility. 7W Guest Ranch, SUP 2^4t05 tllltll ltltililI til tilt illt ilt ilr ililI ilr rll 668122 02/16/2@05 10:564 81663 P199 l'l ALSDORF C of 6 R O.Og D O.oO GRRFIELD coUNTY CO Dated this ] -4tn- day o@I-uary-, A.D. 2005. ATTEST: . _!i!. GARFIELD COLINTY COMMISSIONERS, DO Chairman BOARD OF GARFIELD -: "r-r'Upon. mo$'ori duly made and seconded follo$riqgVote:/\ , John Martin the , Aye Larry McCown , Aye , AyeTresi Houpt STATE OF COLORADO County of Garfield I, , County Clerk and ex-officio Clerk of theBoardorc*-ryrtheCountyandStateaforesaiddoherebycertiffthat the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. ) )ss ) IN WITNESS WHEREOF, I have County, at Glenwood Springs, this _ hereunto set my hand and affixed the seal of said day ol County Clerk and ex-officio Clerk of the Board of County Commissioners 7W Gucst Ranch, SUP 2/t4t05 , A.D.200s