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HomeMy WebLinkAbout3.0 BOCC Staff Report 12.20.2004• • Exhibits for 7W Guest Ranch SUP, BOCC Public Hearing held on: BOCC 12/20/04 (continued to meeting above) BOCC 11/15/04 (continued to meeting above) BOCC 10/4/04 Exhibit Letter (A to Z) A ,,,, I v el-- vLs- -,---- , , - - Exhibit Mail Receipts Proof of Publication Garfield County Zoning Regulations of 1978, as amended Garfield County Subdivision Regulations of 1984, as amended Garfield County Comprehensive Plan of 2000 Application materials Staff Memorandum Review Memo: Garfield Co. Road & Bridge Review Memo: USDA Forest Service, Eagle Ranger Dist. Review Memo: Michael Erion, P.E., Resource Engineering Quit Claim Deed submitted from Applicant 9/29/04 ISDS analysis; submitted from Applicant 11/15/04 Water analysis; submitted from Applicant 11/15/04 Review Memo: Michael Erion, P.E., Resource Engineering 01‘/� �� d ,4re-(44-, It, k t:V --/JA e ,164 ar ki),•AA- neki (144e,;,_ 9(4- ok - ° gvotoik K-6-vac, 11-'41NAkc (5f6GLI,41)0- Aa_..lam C1 bk"fot PA/6`- r(G1/41'-'7/04 N/ kidfr ��oza �.a 13 7W Guest Ranch, Special Use Permit 12/20/04 , f (A,,, - d-e7 c4re"7-1-a K//1"-) 0A4 ' '41-1)-PC 2 £ / -'</ 7149-e(977K- //t2-e d(/e111714-4, `(� p-td tea/t,,c-6_7"-tp64-1-,) P4-41-1 0/4a"-ce ptt. kk. sip(i 3 1)°{A c° 4"e( olo 0,c,(A —to wm..i 7AA.AP Vovw, , 4)6 pe/eAze Lef }LzkQE w,{.�uk�.��cc,.,- • • • • • • Final BOCC 12/20/04 - JH (continued to meeting above) 2nd BOCC 11/15/04 - JH (continued to meeting above) lst BOCC 10/4/04 - JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST Special Use Permit for Resort APPLICANT 7W Guest Ranch, LLC, Mark Wilhelm LOCATION A tract of land located in the NE 1/a of Section 28, Township 3 South Range 87 West of the 6th Principle Meridian; also located in the Sweetwater area of north Garfield County SITE DATA 35.001 acres (Book 162 2 Page 453) ACCESS WATER & SEWER EXISTING & ADJACENT ZONING A/R/RD County Road CR 151 Well and Multiple ISDS View: Looking west at the lodge (left) cabins, (left foreground) northern barn and site of future stables (right) I. PROPERTY LOCATION AND DESCRIPTION The 7W Guest Ranch is located at 3412 County Road #151 and in the Agricultural/Residential/Rural Density Zone District. The property consists of 35.001 194004;e7E--? e p/i,4„, PA_ (61Ax(A4,4,ed 1:63 oi wi(fo) 3;,5-(66-efr-a_ ok c7;3;;-o4 -dam^ see /frtF1"-1 4- Ore) ivoc- /1A/C(6-rt' /7/1j, A7(e-7/,),; 444_ Gam- � GYM P • • • • • • • acres and contains natural forest indigenous to the area such as ponderosa pine, aspen, willow and oak and various grasses. The property also contains several cleared meadows and two natural springs. The property is bordered by both private and USDA Forest Service land. II. PROPOSAL BACKGROUND //t'4',J / Q The Application is presented with new information from the two previous continued 'BOCC meetings of 10/4/04 and 11/15/04,R: The proposal which is currently operating has been open as a reso d has complied as a Special Use Permit granted by Resolution, #95-045 proved on June 5, 1995 until the construction of the Bar on the west side of the compound. The current ownersrchased the property It Permit was for a total of appraxi-ma will be applied to a single(5._-acre GUE isSINte EMPLOYEE uN(TS ES 3 LODGE and DOWp BUILD' GUEST CABINS Frif PROPOSED STALES BARN s1 howeve the remaining acre ---- --- FR�_'F. View: SUP layout with current and proposed uses. 2. The existing Special Use 's Special Use Permit being divided 2 7W Guest Ranch, Special Use Permit 12/20/04 • • • into the thirty-five plus acre tracts. The Applicant has recorded a quit claim deed in Garfield County and provided a copy of the recorded document to the Garfield County Building and Planning Department. III. CURRENT PROPOSAL The purpose of this Special Use Permit Application is to bring the current uses, proposed improvements and non -conforming changes into compliance with Garfield County Regulations, through a new Special Use Permit that addresses all uses oin this a_ site. G2i l The new owners have continued to use the Guest Ranch in e historic nner ince their purchase of the property. Construction ---of a new b was begun i 200-4,Thich ultimately led tca notice of violation as a violation of the existing Special UT'e At that time, it was agreed that the barn would not be used until an appropriate new or revised Special Use Permit was issued by Garfield County. This commitment has been /1d met; therefore, they are submitting a new application for a new Special Use Permit. The tecreational opportunities offered by the 7W Guest Ranch to their guests include hi� kii , biking, fishing, horseback riding and other equestrian activities, as well as an array of lawn games, including horseshoes, volleyball and croquet and has a hot tub on site. Snowmobile activities are available during the winter months. All Terrain Vehicles (ATV'sk area sov;ilable as a recreational amenity. These uses among others dis'c'usse�"iin th s epoft are consistent with the definition from the Garfield County Zoning Resolution as noted below: 2.02.448 Resort: 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, commissds operated on the site for guests or members. The 7W Guest Ranch is employees) and a total structures supporting dwel 'sed of :..._dwelling_ 24 ie.s elow. Structure Beds Max Occupancy 2 Mobile Modular/employee 4" 4 Lodge/Dining 1 2 Guest Cabin #1 4. 7 Guest Cabin #2 2 4 Guest Cabin #3 2 4 Guest Cabin #4 2 4 Guest Cabin #5 4 6 (both for guests and s noted in the list o .5 ikt4 K 6 7 3 7W Guest Ranch, Special Use Permit 12/20/04 • • Guest Cabin #6 1 2 Guest Cabin #7 (proposed) 4 6 (36 Max Occ. — 6 employees) = Total Beds and Guests 24 33 Other non -habitable structures on the site which are proposed for inclusion in the resort are listed below: 1. one (1) stable building (east s of resort compound) 2. one (1)kern/tack building ast side of resort compound) . 3. one (1) large storag ' hed building (west side of resort compound) 4. one (1) small storage barn (central area of resort compound) 5. other non -habitable existing structures on site as shown on the site plan, specifically the pump house and hot tub pad. Expansion and Change in Uses The newly constructed on the west of the Resort compound is planned to accommodate resort snow •biles, four wheelers and other recreational equipment ands vehicles. A maintenance shop will also be housed within this i that will provide maintenance for the various vehicles and ranch rP, ir. Vehicles that are not in use will ©‘‘�`� _also be stored in the barn, from time to time, in order to protect them from the elements. Ve Storage for e s uestrian e . ui . me t su . plies and necess . for. • •f ' included in this b It is anticipated that horses and other farm and ranch animals T1�-i/,' An expansion of the existing barn on the property is also anticipated in the future. The uses of this facility will encompass many the same uses as the newly constructed may be stabled or sheltered in the barn at various times, s5 barn. 2 • It is proposed to remove the two existing older mobile homes that are utilized for employee housing and replace them with a newer mobile home that meets the code. These trailers will be removed as soon as a contractor can be scheduled to remove them from the site. The removal of these older trailers would provide an improved housing situation, both physically and visually. The two future mobile homes will serve with a capacity of two -bedroom and one -bath mobile homes or modular units. These trailers will provide housing for the 7W Guest Ranch caretaker and employees. IV. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located within Study Area IV in the Comprehensive Plan of 2000. This Study Area characterizes the area as "Outlying Residential, 2 acre lot size minimum." 4 7W Guest Ranch, Special Use Permit 12/20/04 • • • V. REVIEWING AGENCIES AND DEPARTMENTS The following agencies were sent application materials for review and a request for a response was made and that they return comment to the Garfield County Building and Planning Department for inclusion to be included in this report. 1. Garfield Co. Road & Bridge Exhibit H 2. Garfield Co. Vegetation Management. Comment: No Concern 3. USDA Forest Service, Eagle Ranger Dist. Exhibit I 4. Gypsum Fire Department No Comment Received 5. Michael Erion, P.E., Resource Engineering Exhibit J & N VI. REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. A. Section 5.03 Review Standards I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Response: Michael Erion, P.E., Resource Engineering has reviewed the information submitted detailing the water rights and usage and ISDS requirements for the proposed use. WATER Mr The existing and proposed water supply is from a central system utilizing two springs. The application indicates that the supply from the spring seasonally fluctuates from 1 to 4 gallons per minute (gpm). The application provides an estimate of water demands and analysis to demonstrate that the water supply and storage system is adequate for the proposed uses. The legal water supply for the project relies on junior1987 water rights for the Beard Spring (appropriation date of May 1, 1987) and the Mills Spring (adjudication date of 1952). Both water rights are adjudicated for domestic, fire protection, stockwater, and irrigation of one acre lawn. These water rights are junior to downstream water right calls by the Shoshone power plant and the Grand Junction area irrigation and hydropower water rights (the Cameo call). While it can be argued that a portion of the Mills Spring right which was in use prior to 1977 is a beneficiary of the West Slope Users Pool in Green Mountain Reservoir and protected against the downstream call, it can also be argued that the current uses are for commercial purposes not domestic purposes. 5 7W Guest Ranch, Special Use Permit 12/20/04 • • • The Applicant has outlined their legal water right strategy which includes 3 acre feet of contract water from the Colorado River Water Conservation District (CRWCD). Therefore, from a technical perspective, Mr. Erion believes the legal water supply is adequate and that any approval requires that the CRWCD contract remain in effect. t� The Applicant has provided water usage estimates which indicate that the physical water supply from the two springs is adequate for the proposed special use. The applicant does not believe any additional improvements will be required, except for a service line to the new cabin. IS applicant may need to construct additional storage if the water system performance for peak hour demands is unacceptable in the late summer of a dry year. Additionally, and quite importantly, the proposed water system meets the definition Inmunity water system because more than 25 persons are proposed for the As such, it will be required to be reviewed and approved to include capacit development by the Water • ualit Contro , Division of the Colorado Department of ' . is ealth and Environment prio o issuance of the Special Use Permit. ISDS The Application describes how wastewater disposal for t roposed special use is accommodatedthroug sting ISDS systems. fourth may be quired for the new gueg . There is new information that elaborates on the estimate of sewage demands and analysis of the existingISDS systems within the Y pplication to demonstrate that these systems conform with current ISDS standards n terms of septic tank size, leachfield size and setbacks. Michael Erion, P.E., has examined the ISDS requirements and the Applicant's proposal and is satisfied that the capacity of the existing system is adequate for the projected development. He further suggests that additional geotechnical investigations should be required to assess the impact of any new improve ents on the ISDS system, that are required for the additional proposed uses. y approval should require that an eirritertireteport regarding ISDS improvements be submitted with any building permit application. 2) Street improvements adequate to ac ommodate traffic volume generated by the proposed use and to provide safe, at -access to the use shall either be in place or shall be constructed in conjunction with the proposed use; 6 7W Guest Ranch, Special Use Permit 12/20/04 • • • Staff Response: No improvements to the county road are required for this proposed special use and CR 150 and 151 are sufficient to handle the current numbers generated by the resort and could marginally increase in ADT without any problems. 3) Design of the proposed use is r ' .' e4imize impact on and from adjacent uses of land through installa of screen fences or landscape materials on the periphery of the lot and by location o intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Response: The Applicant has described how the proposed use will not visually impact adjacent uses by placing all new uses near the "compound" of existing uses which are not directly observed from any adjacent residence. VII. STAFF COMMENTS A. Zoning: Staff Response: 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. 95-045 and a permit has been issued. The application meets the basic criteria in terms of visitor capacity and or dwelling units and can be classified as a resort. There is no minimum size for this facility and the proposed uses are consistent with all other zone district restrictions and requirements. B. Process: Staff Response: 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 and approved Special Use Permit. The original SUP approval will be supplemented by this proposal, thus recognizing all of the uses of the resort and creating a new Permit. The Applicant is aware that any future improvements associated or as a part of a resort designation and not specifically identified in this application request shall require an additional application similar to this submittal. Staff review has focused on acknowledging the expansion structures, mainly the non -conforming storage barn to the west and the proposed stables to the east and guest cabin to the south. These three additions to the resort are the only improvements planned for the future operations of the special use permit. Any future implementation of the hunting or fishing camp use of the property provided as a component of a Resort by definition in the County Zoning 7 7W Guest Ranch, Special Use Permit 12/20/04 Resolution will be subject to permitting regulations through the USDA Forest Service. C. Ownership: Staff Response: As noted, the application indicates the proposed special use is requested for a tract of land 35.001 acres in size. The applicant has recorded quit claim deed in Garfield County and provided a copy of the document to the Garfield County Building and Planning Department which has separated the use from the remaining holdings of the Applicant. D. Access: Staff Response: There is one legal access which has been historically provided from County Road 151. Additionally, a response was received from the USDA Forest Service indicating 1 r— that certain activities as organized by the resort that will take place on forest lands directly accessing rom a resort wi need to com ly with rules and regu a ions app ica a ere o. otorize travel on forest lands in the vicinity of the resort is prohibited (except over -snow travel). E. Traffic: . /444-4( �x eve,- Staff Response: The proposed special use will generate a minimal increase in traffic with the additional bedrooms to three of the cabins and construction of a new two bedroom cabin. The Garfield County Road and Bridge Department has indicated in their review memo that no improvements to the county road are required for this proposed special use and CR 150 and 151 are sufficient to handle the current numbers generated by the resort and could marginally increase in ADT can be accommodated without any problems. F. State and Local Health Standards: Staff Response: State health standards are applicable to the application, namely the Colorado Department of Health ISDS (septic), size, type and setback standards, which should be verified by an engineer to be in compliance with these standards at time of installation. G. Drainage: Staff Response: The parcel drains to the north and sits high in elevation above the Sweetwater valley and the Applicant has not indicated that the property is known to be subject to any unusual hydrologic hazards. H. Fire Protection: 8 7W Guest Ranch, Special Use Permit 12/20/04 • • • Staff Response: The application does not provide any estimate of water demands or analysis to demonstrate that the water supply and storage system is adequate for fire protection for the proposed uses. The(Gypsum Fire Department/Las referred this application as the proposed use is in an area not currently served by an established fire protection district. The site is located on the north facing slopes of the Sweetwater Creek drainage. Any new buildings, outbuildings or mobile structures will be built and landscaped to conform to current wildfire practices suggested by the Colorado State Forest Service. I. Geologic Hazards: Staff Response: The Applicant has not cited any unusual geologic hazards present in the immediate area. J. Other Uses: Staff Response: An expansion of the existing barn is cited in the narrative; however clarification is needed as to which barn the improvements will be made on and to what extent this will occur. It is noted the application states the expanded uses of this facility will encompass many of the same uses as the newly constructed barn. VIII. SUGGESTED FINDINGS That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 1. 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. 2. 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. 3. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 4. That the application is in conformance with the Garfield County Comprehensive Plan of 2000. 9 7W Guest Ranch, Special Use Penn it 12/20/04 'R S `P �' 7 Aci7c, 4 C 16,4j '-z`.f-S v‘', a le' fj.— 764,1T. G _ fic „0$///. 6/6 ilrjr40--- - #4 M. • • • • • (2 IX. RECOMMENDATION Staff recommends APPROVAL of the Proposed Special Use Permit, with the following conditions: 1. That all representations of th' 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 all development within the resort area. 3. The Applicant shall submit a new future any new improvements desired desired as part of a resort designation and not specifically identified in this application. 4.9 The installation of all required ISDS upgrades or replacements shall comply with the 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 besubmittrd with any new building rmrt application to the Building and Planning Department. ertain 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 of the resort is prohibited (except over -snow travel). .7%.„ 6. All new buildings, outbuildings or mobile structures shall be built and landscaped to A conform to current wildfire pract' suggested b Colorado State Forest Servic 1/4 -e se Permit application for approval if in the (w6 l,'S{; • '� i w Uafl .(ist(kt �1 �� leC kfielki*1ri7. The Applicant shpr p e a l tig do an an s. an to t o Building and Planning Department prior to issuance of building permits* 8. The applicant annually test and report the condition of the water ystem to the State Department of Water Resources as may be required by the State. The Applicant shall submit re rew-for approval to include C . i acity. Development by the Water Quality Control Division of the Colorado Departm; nt of Public Health and Environment to be submitted to the Building and Planng Department prior to issuance of the Special Use Permit. • 4 Pre{06,044 Aiae i-{-epv, ov4 Ati `fi Pe 6:6W Guest • Special Use Permit 12/20/04 Af 144 wt a ri ALMA 4J 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 • de r.. nG 7 ko H. at the applicant shall the proppsed SUPS 7 (-Co //5 sr<t.� -- d t ���a ote se of no more th ten 10) elling units including employee housing and other associated structures for a total of fourteen (14) structures for the resort which include: 1. seven (7) cabin sites for guests 2. one (1) main lodge site with lodging for one employee 3. one (1) stable building (east side of resort compound) (c) 4. one (1) barn/tack building (east side of resort compound) 5. one (1) large storage/b n/shed building (west side of resort compound) 6. one (1) small storage b (central area of resort compound) 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 t tub pad. :3) (5) eck COS Cd (to 12. The? shall be no more than twenty-seven ( guests allowed at any one time. 13. 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 alcohol service. 14. At such time the two existing older mobile homes are removed any replacement dwelling units shall meet all code requirements of the Garfield County Zoning Resolution of 1973, as Amended. 15. The Applicant shall continue to comply with licensing requirements for the commercial kitchen with the State Department of Health, Consumer Protection Division. 16. No new open hearth solid -fuel fireplaces_ will be allowed anywhere within the resort gnated area. One (1) new solid -fuel burning ove 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. 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. 18. The Applicant shall amend the site plan in the application to clearly identify which barn is subject to future expansion and modification as requested in the application prior to issuance of the Special Use Permit. 11 7W Guest Ranch, Special Use Permit 12/20/04 re-7,60 - �j�-co4 � OUe"4 19. The Applicant shall make application to the Garfie - 6ounty Building and Planning Department for a building permit for the ne to the west, allow inspections, and ultimately gain a Certificate of Occupancy onsistent 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 certify all of the construction within the new barn 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 structures. -0 . A water test shall be conducted which include the following items used to ysical water supply; 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 concerning 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. X. RECOMMENDED MOTION "I move to APPROVE the request with the above noted conditions in this report for a Special Use Permit for 7W Guest Ranch, LLC, Mark Wilhelm to allow a Special Use Permit for a Resort Designation in the A/R/RD Agricultural/ Residential/Rural Density zone district on a 35.001 acre tract of land located in the NE '/4 of Section 28, Township 3 South Range 87 West of the 6th Principle Meridian; also located in the Sweetwater area of north Garfield County on County Road CR 151 and identified and described in Book 1622, Page 453 of the records of the office of the Garfield County Clerk and Recorder. LC) "Voir ty4. itxe- 61"-eg , tire hip-rd. govii c 4„,. 1,64 rV �' G�� 2 7 Guest Ranch, Special Use Permit 12/20/04 (i,4? //0 /1/1'6 {.1r.e itAftSc i3 r tif 4-014,7_ 23 L (t t7-yr-A 114 ( 6Y ("(1" • PeA/JC,L, c Sep 16 04 04:06p p.I • • a District 1 • 970-945-1318 • Garfield County Road and Bridge, District 1 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 ph, 945-1318 fax Date: 09-06-04 To: Jim Hardcastle From: Bobby Branham Road and Bridge Dist. I Re: 7W Guest Ranch Request to expand current uses under existing SUP Jim, SEP 1 F 2.004 I have reviewed the request by the 7W Guest Ranch and do not have any concerns with respect to the information that they have provided. Their access is sufficient to handle their current number of trips per day and could increase to a degree without any problems. Bobby Branham Dist. I Road and Bridge • • United States Forest White River Eagle Ranger District Department of Service National 125 West Fifth Street Agriculture Forest P.O. Box 720 Eagle, CO 81631-0720 (970) 328-6388 FAX (970) 328-6448 SEP 1 6 2004 COUNTY Jim Hardcastle PLANNING Staff Planner Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Dear Mr. Hardcastle: File Code: 1560 Date: September 14, 2004 EXHIBIT I Z__ We have reviewed the 7W Guest Ranch Special Use Permit package dated August 26, 2004. The proposal envisions certain developments on private property in the Sweetwater area. It would appear that the development and operations of the guest ranch are contained within the private property. We have no particular comments or concerns on the disclosed development or Guest Ranch operations. By copy of this letter we are advising the owner that any activities on National Forest System lands will need to comply with the rules & regulations applicable thereto. National Forest lands in the vicinity of the subject property are closed to motorized travel, excepting over -snow travel. In addition, commercial outfitting and guiding activities on the National Forest are subject to permitting regulations. The property owner is encouraged to contact us at our Eagle office if any additional information on these matters is needed. Sincerely, CALVIN G. TTSTEIN District Ran, r cc: Amware Logistics Caring for the Land and Serving People Printed on Recycled Paper b1F ..■■� ..... R E S U ..... 4■..■ E N G I N E E R I N G INC Jim Hardcastle Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 RE: Special Use Permit Application — 7W Guest Ranch Dear Jim: SEP 2 2 2004 GARFIELD EO Ai x'Y 9!!!LDINS • ,t..� September 21, 2004 EXHIBIT At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the special use permit application from 7W Guest Ranch to include additions and corrections to the uses defined in the existing special use permit approved in Resolution No. 95-045 for resort operation. The submittal included a bound document entitled, 7W Guest Ranch Special Use Permit prepared by Knight Planning Services, Inc., dated August 2004. Our comments are outlined below. SUMMARY The proposed special use permit application does not appear to meet the technical criteria for the special use requirements in Section 5.03 of the Garfield County Zoning Regulations. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any special use include providing adequate water and wastewater service and adequate road improvements and/or access for the proposed use. The proposed special use does not meet the potable water requirements, appears to be adequate for wastewater service (although there is no supporting documentation), and appears to have adequate access with no need for road improvements. Each item is discussed in more detail below. Water The existing and proposed water supply is from a central system utilizing two springs. The application indicates that the supply from the spring seasonally fluctuates from 1 to 4 gallons per minute (gpm). The application does not provide any estimate of water demands or analysis to demonstrate that the water supply and storage system is adequate for the proposed uses. The legal water supply for the project relies on junior 1987 water rights for the Beard Spring (appropriation date of May 1, 1987) and the Mills Spring (adjudication date of 1952). Both water rights are adjudicated for domestic, fire protection, stockwater, and irrigation of one acre of lawn. These water rights are junior to downstream water right calls by the Shoshone power plant and the Grand Junction area irrigation and hydropower water rights (the Cameo call). While it can be argued that a portion of the Mills Spring right which was in use prior to 1977 is a beneficiary of the West Slope Users Pool in Green Mountain Reservoir and protected against a downstream call, it can also be argued that the current uses are for commercial purposes not domestic purposes. Therefore, from a technical perspective, a water Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs, CO 81601 (970) 945-6777 Fax (970) 945-1137 • • • • • • Jim Hardcastle Page 2 September 21, 2004 allotment contract or an approved water augmentation plan is required for the proposed special use permit. Wastewater Wastewater disposal for the proposed special use is through three existing ISDS systems. A fourth system may be required for the new guest cabin. There is no estimate of sewage demands or analysis of the existing ISDS systems to demonstrate that these systems conform with current ISDS standards in terms of septic tank size, leachfield size, and setbacks. We recognize that evaluation of the older systems may be based on best available information and engineering judgment. Traffic The proposed special use will generate a minimal increase in traffic with the additional bedrooms to three of the cabins and construction of a new two bedroom cabin. We do not believe any improvements to the county road are required for this proposed special use. However, we defer to the Road and Bridge Department for any site specific issues related to impacts to County Road 151 from this proposed project. The above water and wastewater issues are solvable and we understand that the applicant is working on these items. From a technical perspective, we believe these items are appropriate for conditions of any approval, if the Planning Department and the BOCC desire to proceed in that direction. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J.'gon'P.E. Water Re'ource Engineer MJE/mmm 885-27.0 CC: Terrill Knight RESOURCE ENGINEERING INC e y "St_P 29.2004 ; 2:21PM'e 471078 bMI11' 1L'.LL LIN I . LLcMn ND. 986 P. 2/4 — • • • 1111111111111111111III lilt,Mil 111I t3'38740 00/14/2004 wtd P B1622 r4s1 n ALsp0RF 1 .f 3 R 10.00 0 0.00 GARFIELD COUNTY CO After reef ' � turn to; 7 W. Crywwt• och e : '.� �� , .Ar613ok E1 ✓O . r t, w. �.•� S S ,. Avon, CO 31620 QUIT CLAIM DEED • STATE OF COLORADO COUNTY O' GARFIE'LD THIS QUIT CLAIM DEED is made this p day of__ ,Sriee„r,(r� 2004 between' 7 W GUEST RANCH. LLC. a Colorado limited liability company, hereinafter (called "Grantor") arid 7 W GUEST RANCH, LLC, a Colorado limited liability comgjany, whose legal address is 331 Metcalf Road 67, P. O. Box 8370, AVON, CO 61620 hereinafter called "Grantee", the words "Grantors" and "Grantee" to include their respective successors and assigns where the context requires or permits. WHEO&EAS, Grantor is the owner of a Inrgc tract of land in Garfield County, CO acquired via Warranty Deed dated October 31. 2002 from Anthony Fet1y, recorded to Deed Book 1407, page 1 53 Garfield County records, said Property sometimes known as 1 S 1 Country oad, C,,ylyaum. Colorado; WHi PAS, Grantor wishes to separate and separately describe a portion of that Property con4sting of approximately thirty five (3 Sl acres for future references; NOW:THEREFORL•, Grantor. for and in consideration of the sum of Teo Dollars (S10.00) and other good and valuable consideration, in hand paid at and before the sealing and delivery of those ptesents, the receipt and sufficiency of which arc hereby acknowledged. by these presents do remise, convoy and forever QUIT CLAIM unto Grantee all o*Grantor's undivided interest in the following described property, to wit; A parcel of land situated in the SI/ZSEI/4 of Section 21 and the NI/2NE1/4 of Section 28, Tpwnship 3 South, Range 87 West of the Ci h Principal Meridian, County of c�. ..uri•-r • - "'Dee/ • • N0. 986 1111111 Illy 11111111111111111111111.111111 III! 1111 000748 est14/2004 01.00P aiS22M fLSI RF • or 3 it il.00 D 0.00 GARFIELD tOUNTY co Garfield, State of Colorado, more particularly described by metes and bounds on Exhibit which ai attached hereto and incorporated herein by reference. Together with an easement for inj Tess and egress to be located by mutual agreement o the parties. TOGETHER WITHall rights, member, and appurtenances to the said described Property in iywisc :appertaining or belonging. TO 1-TAVfi AND TO HOLD Said Property unto thc said Grantee so that neither thc Grantor nor its sttcceswors or a sitgis nor any other person or persons clamming under Grantor shall at any time claim or demand any right. tide, or interest to the said Property or its appunenanCes. IN WITNESS WHEREOF, Grantor, has signed and sealed this deed, the day and year first abote written. Signed, scaled/ and delivered in the presengp of: y, PLAN, ONKI' 1CL✓ '-I' I r '1 W GUEST RANCH, LLC J. Wilhelm, Manaser P.34 10y5EP. 29. 2004t : ' 2: 22PM70471979 uv u/d� .L FAX 4042 402 AUG. 27_ .'0@4 1.2,05111 C74Kt- LtLU UNIT t_LGKF< ScRtUR JACKIICN • $kntBir "A" NO.986 P.4=4- "" No Pip P Iv3� @) 02 Peary DESCRIP/ToN BASINIE I anotz 22 A DYSTANLT3 Car s+471.9 1.Qx6.9. _ i n EASTERLY NOY .f6'ELECTIONELECTION�l I I E SS9°S6114•W A� ANCE OF r4S'9'S6'14�8 A I.1BT NCB iW A.=TAN= O 1 !Q4.75 bit• SCE �'► 528.61 FEET Tp A POINT MIME Y A1LF'OFMS 7WILANCEt TRENCH a Ak Sa0"39*s1wwADIBTAN[�iOAF6 C�SrT8A'C ��3 � N39,°SE 14» LT TO 3AA AND CAA UNE. OF 2 77 Aiima OF 452-05 FEET: Tt) SAID N SLY SAID PA L ColknA1Ntwo 25.00IACRES. MQ$13 oR LR.9S. 1111111 1111111111111111 10111111 Rill 111 Rill I l ll 11 11 68974i�00/14/2004 00P B1622 P933 M ALSDORF 3 of 3 R D A.00 GARFiELD COUNTY CO • • • Oio,o7,2a04 TUE 11:3a [JOB NO. 904oj Q►O02 11/15/2004 10:18 SOPRIS ENGINEERING PAGE 61 • 970-704-6313 • FAX Transmittal Ti: Jim Hardcastle Company: Fax#: Date: Total Pages: SE Project No. From: Message: • Garfield County Building Department 384 3470 11-15-04 6 24,151.0.1 Paul Rutledge Pursuant to a request by the applicant's representative, Mr. Terrill Knight, attached is the OWS Evaluation letter for the 7W Guest Ranch for use in support of the Special Use Permit. We have previously forwarded this to Michael Erion at Resource Engineering. If you have any questions please call. 0 Original not to follow 0 Original to follow by mail 0 Original to be delivered by messenger o Original to be picked up 502 main street • suite A3 • carbonda►e, CO 81623 • (970) 704-0311 • fax (970) 704-0313 SOP1•iv ENGINEERING e • sic civil consultants 1: '2004 10: 18 970-704-0313 Terrill Knight Knight Planning Services, inc. 403 Broadway Box 947 Eagle, CO 81631 SOPRIS ENGINEERING PAGE 02 RE: 7W Guest Ranch - Onsitc Wastewater System (OWS) Evaluation, Existing Conditions Usage, and Improvement recommendations, Garfield County, CO SE Job No. 241.51.01 Dear Mr. Knight Pursuant to your request, this letter presents our findings in regard to the existing Onsite Wastewater Systems (OWS) compliance with the existing and proposed revisions to the County p S ecial Use Permit for the above referenced Site. The three OWS that serve the needs for current usage at the existing facilities on site are in general compliance with State and County standards. it is our understanding that Garfield County will allow continued use and improvements on the site, assuming that the OWS's are adequate to serve the needs of the facilities. We have performed a limited evaluation of the current water usage and the function of the existing systems. We have inspected the facilities and the locations of existing OWS tanks and fields. We have interviewed the ranch manager regarding the current usage and maintenance of the systems. Our conclusions and recommendations are based on our current knowledge of the site conditions with respect to information provided by others for use in supporting your application to Our recommendations are in accordance with Garfield County and the State of Colorado ISDSId County. Regulations. onclusions Based on our findings we believe that the existing OWS's are adequate to serve the short-term needs of the current facilities based on the current population and water usage. We believe that continuedSystems would not cause any adverse effects to the surrounding environment or public health. u se of the Therefore we recommend that the facilities utilize these existing systems based on current usage until additional evaluations and recommendations are conducted and implemented next spring. The tanks on all existing systems should be pumped to remove all solids prior to the start of the season. Wlriter We recommend that the systems be inspected in the early spring and that additional evaluations be performed to assess the as -built conditions of the existing fields and to provide data for the design of additional upgrades and OWS components, as needed, to insure full complianceSpecial Use under the Permit. Geotechnical evaluations should be performed to document existing and proposed absorption field ci7ing and conditions. 1! We believe that the current systems' use is in compliance with the Special Use Permit and existing population. under current usage 502 Main Street •Suite A3 • Carbondale, CO 81623 • (970) 704-0311• Fax (970) 704-0313 SOPRI • S •ENGINE E��HG I.LC civil consultants 11/15/2004 10:18 970-704-@313 • SOPRIS ENGINEERING • PAGE 03 1110Findins •OWS 2 Guest Cabins 4 and 5 are served by one 1000-gallon 2-compartment concrete septic tank and a drain field of unknown dimensions. The tank and drain field are located south of the cabins, across the gravel road. The tank is regularly pumped and there is no evidence that the leach field is not functioning to handle e current usage. The cabins have 1 bathroom each and do not have kitchens. The total seasonal population served by the system is 10 persons based on a bed count of 6. Current usage is estimated to be 25 gallons per day per person. The general assumed location of the absorption field appears to be situated in a suitable location and is in compliance with setback requirements. A single inspection port exists in field. The absorption surface was not saturated and did not have an offensive anaerobic odor therefore the system appears to be functioning with out any evidence of failure. Our limited evaluation of the system and site conditions indicates that the OWS is adequately functioning with current usage. OWS 3 The lodge, 2 single occupancy employee trailers, and Guest Cabin 6 utilize one septic tank and one drain field. It is our understanding that the existing'/ bath in the new barn facility also drains to this syste drain field is located near the riding arena and west of the pond. although size of the drain fieldm' The known. One 1000-gallon two -compartment concrete tank serves these structures. A concrete trapgreaseot located north of the lodge catches kitchen wastewater prior to it being directed to the 1000-gallon tank. gn septic Terrill Knight SE Job No. 2415.1.01 November 1, 2004 Page 2 • The ranch is located north of the town of Doter. along County Road 151, in Garfield County, Colorado. The ranch is a horse ranch that provides accommodation and entertainment for guest throughout the year. There is a lodge, 6 guest cabins, 2 employee trailers. and 3 barns that exist on the property. A pond and riding arena are located in the northeast corner of the ranch. Several improvements are proposed including construction of an additional two -bedroom cabin and replacement of the single occupancy employee trailers with newcr double occupancy mobile or modular homes. We assume that the annual average occupancy of all the facilities is approximately 65%. There are three known OWS that serve the existing ranch facilities covered under the special use permit. OWS 1 Guest Cabins .1, 2, and 3 are served by one 1000-gallon 2-compartment concrete septic tank and a drain field of unknown dimensions. The tank and drain field are located south of the cabins, across the gravel road. The tank is regularly pumped and there is no evidence that the leach field is not functioning to handle the current usage. The cabins have 1 bathroom each and do not have kitchens. The total seasonal population served by the system is 15 persons based on a bed count of 8. Current usage is estimated to be 25 gallons per day per person. The general assumed location of the absorption field appears to be situated in a suitable location and is in compliance with setback requirements. A single inspection port exists in the field. The absorption surface was not saturated and did not have an offensive anaerobic odor therefore the system appears to be functioning with out any evidence of failure. Our limited evaluation of the system and site conditions indicates that the OWS is adequately functioning with current usage. 11/15/2004 10:18 970-704-0313 • SOPRIS ENGINEERING • PAGE 04 Terrill Knight SE Job No. 24151.01 November 1, 2004 Page 3 • The tank is regularly pumped and there is no evidence that the leach field is not functioning to handle the current usage. The cabin has 1 bathroom and does not have a kitchen. The lodge has a full kitchen for preparation of the meals for employees and guest however includes no sleeping accommodations. It is our understanding that the existing employee trailers are used for single occupancy only at this time and are proposed to removed and replaced. The total seasonal population of the cabin served by the system is 2 persons based on a bed count of 1 and a current usage of 25 gallons per day per person. The assumed year round population of thc two employee trailers served by the system is 2 persons based on a bed count of 2 and a current usage of 75 gallons per day per person. The total seasonal population of the lode served b the system is 27 persons based on a total number of people that meals are prepared for. We assume a Y current usage of 10 gallons per day per person for this facility. The new half bath in the barn is limited in use and we assume approximately 30 gallon per day by use of up to 2 employees_ The general assumed location of the absorption field appears to be situated in a suitable location in compliance with setback and design requirement. There are no reports of backups or other problems associated with this system, the surface conditions in the field area appear normal and the effluent appears to drain normally from the septic tank to the field. The system appears to be functioning with out any evidence of failure. Our limited evaluation of the system and site conditions indicates that the OWS is adequately functioning with current usage, Attached is a spreadsheet indicating existing current usage and proposed usage. We have assumed some higher per capita flows in the future to cover possible upgrades and insure adequate long term treatment for the facilities. ecommerldations We recommend that the systems be inspected in the early spring and that additional evaluations be performed to assess the as -built conditions of the existing fields and to provide data for the design of additional upgrades and OWS components, as needed to insure full compliance under the Special Use Permit. We recommend that an OWS master plan be created for the ranch facilities to include design recommendations and compliance documentation for all existing and proposed facilities. We recommend geotechnical evaluations be performed to document existing and proposed absorption field sizing and conditions. The existing systems 1 & 2 appear to function with regard to accepting thc existing water usage however we recommend that additional system and soil evaluations be performed in the spring to access the lon term capacity and the system. Upon analysis of additional evaluation recommendations maybe co g considered to insure long-term function and maintenance of the system, compliance with current standards and possible increased usage from proposed future improvements. The existing system 3 appears to function with regard to accepting the existing water usage and is in compliance with current standards for septic volume based on current usage. We recommend that additional system and soil evaluations be performed in the spring to assess the long-term capacity of the system and confirm the actual field sizing for existing and proposed facility improvements. Upon analysis of additional evaluations recommendations need to be considered to insure long-term function and • 1111512004 16:18 970-704-0313 • SGPRIS ENGINEERING • PAGE 05 Terrill Knight SE Job No. 2415.1.01 • November 1, 2004 Page 4 maintenance of the system, compliance with current standards and increased usage from osed future pro improvements covered under the special use permit. P We recommend that the tanks on all existing Systems should be pumped to remove all solids prior to the start of the winter season. We recommend that effluent filters be placed in all the tank's sanitary outlet tees. We do not recommend any increase in usage of the system over current levels until the additional evaluations and analysis is performed. Based on our current assessment of the site and facility we do not anticipate any problems with potential upgradesetty conditions the special use permit. The site is suitable for onsitewa, wastewater treatment of asystems to lllex seve ting and plropos with facilities. The existing facilities with the additional septic tank are adequate to treat current usage innthe short term until additional evaluations and possible upgrades are made. 1; Our recommendations arc based upon limited site and facility investigationsinformation to us by others. , on and data supplied If you have any question or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC Alleaul E. Rutledge Wb esign Engineer • 117 1 7/ LUJ94 1 J: 18 970-704-0313 SOPRIS ENGINEERING • PAGE 06 EXHIBIT Existing 7W Ranch WaterUsage ows Systems # facilities lodge lodge new barn sub -total Max. persons cabins cabins single occup Kitchen laundry 1/2 bath Proposed 7W Ranch Water Usage • /capita Usage d/ca Avg Rate QA d Design OD d 1687.5 ■■■■. ES UR ■■■ C E ■■■■■ E N G I N E E R I N G I N C • s Mr. Jim Hardcastle DEC 1 5 2004 Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 RE: 7W Guest Ranch — Supplemental Submittals for Special Use Application Dear Jim: EXHIBIT December 14, 2004 This letter presents our comments on the supplemental submittals for the 7W Guest Ranch Special Use Permit Application. The supplemental information includes a November 12, 2004 letter from Petros and White, LLC, a copy of the water allotment contract from the Colorado River Water Conservation District (faxed on December 13, 2004), and a November 1, 2004 letter from Sopris Engineering, LLC. Our comments are presented below. WATER The Petros and White letter outlines the legal water right strategy which includes 3 acre feet of contract water from the Colorado River Water Conservation District (CRWCD). A copy of email correspondence between the CRWCD and the applicant indicates that the applicant is in the process of executing a water contract for 3 acre feet. From a technical perspective, we believe the legal water supply is adequate. Any approval should require that the CRWCD contract remain in effect. The Sopris Engineering letter provides water usage estimates which indicate that the physical water supply from the two springs is adequate for the proposed special use. The application indicates that the existing water system has adequately served the property. The applicant does not believe any additional improvements will be required, except for a service line to the new cabin. The applicant may need to construct additional storage if the water system performance for peak hour demands is unacceptable in the late summer of a dry year. WASTEWATER The Sopris Engineering letter indicates that the existing ISDS systems are adequate and functioning for the existing uses. The letter indicates that additional geotechnical investigation will be required to assess the improvements, if any, that are required for the additional proposed uses. Any approval should require that an engineering report regarding ISDS improvements be submitted with any building permit application. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGI► EERING, INC. n, P E. urce Engineer MJE/mmm 885-27.0 E:\Client\885\jh 7w guest ranch 885.doc CC: Terrill Knight, Knight Planning Paul Rutledge, Sopris Engineering Consulting Engineers and Hydrologists 908 Colorado Avenue • Glenwood Springs, CO 81 601 • (970) 945-6777 • Fax [970) 945-1137 Dec-2O-O4 O9: 14A Testvy,ide • • • c 28 1C- LLYI C S u rn L.o - p% ES\c\ (DLU(\AL al 2_6 I c-)A LU m mcsc \ a (r\3 \d Tpeec2.:k\ (),‘,1 _V V\ ` S We_ eve v N� � c00 ~"hem. Nov1he\ 5 . Al Ouh m SUP e_� r\c- -s ( we_ C\ c, � �� ��� bLA1cl \r-,( ar� c a pfM- ncA e%u_l Mefc* \Jae, (cad H y t �Ut tee_ Cc\')N.Vt_A- L�'C��=iLCe cAb\ Th_ pYO * Y ►�\-er1 - z h \ \ ° c1. Qe_ii CY\ \-*. EXHIBIT § ,SU6.HLOA NCUf...N) 1 Copyright (C) 1997, Maptech, Inc. / IX. RECOMMENDATION Star recommends APPROVAL of the Proposed Special Use Permit, with the following conditions: 1. That all representations and 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 all development within the resort area. 3. The Applicant shall submit a new Special Use Permit application for approval if in the future any new improvements and activities are desired as part of a resort designation and not specifically identified in this application. 4. The installation of all required ISDS upgrades or replacements shall comply with the 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 of the 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. 7. The Applicant shall prepare a fire mitigation plan and submit said plan in writing to the Building and Planning Department prior to issuance of building permits. 8. 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. 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. • • 19. The Applicant shall make application to the Garfield County Building and Planning Department for a building permit for the new 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 certify 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 structures. 21. 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 concerning 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. The Applicant shall be allowed to store and maintain up to 10 motorcycles for personal use within the new storage facility. 23. One review, within one year of the approval of this Special Use, shall be conducted by the Building and Planning staff concerning the items within these conditions of approval pertaining to the new Storage Facility and to include but not limited to this use. 24. All vehicles used for recreation or maintenance purposes will meet the standards of CRS section XXX concerning spark arrestors for all vehicles, excluding paying guests of the Resort, on site at all times. 25. The Applicant shall provide a list to the Building and Planning Department documenting no more than ten (10) persons who may or may not be guests, but specifically are the only individuals allowed to participate in activities involving the use of motorcycles which shall be stored only in the new storage facility and used in • • 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. 11. That the applicant shall be limited to the use of no more than ten (10) dwelling units including employee housing and other associated structures for a total of fourteen (14) structures for the resort which include: 1. seven (7) cabin sites for guests 2. one (1) main lodge site with lodging for one employee 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 (1) small storage barn (central area of resort compound) 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 twenty-seven (33) guests allowed at any one time. 13. 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 alcohol service. 14. At such time the two existing older mobile homes are removed any replacement dwelling units shall meet all code requirements of the Garfield County Zoning Resolution of 1973, as Amended. 15. The Applicant shall continue to comply with licensing requirements for the commercial kitchen with the State Department 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 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. 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. 18. The Applicant shall amend the site plan in the application to clearly identify which barn is subject to future expansion and modification as requested in the application prior to issuance of the Special Use Permit. • • the "track" area on the adjacent property owned by the Applicant, county roads and other nearby public recreation areas of Federal, State, of local jurisdiction.. 12/22/04 WED 04:07 FAX 970 328 6254 KNIGHT PLANNING SEVICES • • 1�002 CW04020 WATER SUPPLY CONTRA( T This Contract is made between the COLORADO RJ% ER WATER CONSERVATION DISTRICT (herein the "River District"), a political subdivision atthe State of Colorado acting by and through its Colorado River Water Projects Enterprise, and 7'14, GUEST RANCH, LLC (herein "Contractor) effective as of the date of the River District's exec ution hereof indicated below. RECITA [..S A. The River District is authorized to contract to del ver water for beneficial use from River District water projects pursuant to provisions of C.R.S. § 17-46-101, et seq. (herein "River District Organic Act"). R. The River District is the owner and operator of he Wolford Mountain Reservoir Project located on the Muddy Creek drainage near Krernml ing, Co orado, having obtained necessary decrees from the District Court in and for Colorado Water Dig is on No. 5 (herein "Water Conn") and permits from governmental agencies, and the River District; s atitled to deliveries of water from Ruedi Reservoir under its Contracts with the U.S. Bureau of Rec lamation. C. The River District's Board of Directors has adcp al a Water Marketing Policy, as revised on July 21, 2004, to provide for the nse of water available from the River District's sources of supply pursuant to contracts, and that Water Marketing Polk y is to be implemented through the River District's Water Projects Enterprise. D. Contractor has a need for wholesale water supply, the River District pursuant to the Water Marketing Policy's cone a~ acre feet annually for municipal/industrial purposes which benefi Contractor generally in the vicinity of Garfield County, Colorado. or within the Sweetwater Creek drainage, tributary to the Colora, E. Contractor has reviewed the Water Marketing Po li Assumptions" which are part of that Policy and is satisfied, based that Contractor legally and physically can make use for its inter Water which is the subject of this Contract and that such use will c Policy and the Pmjects permits and decrees_ demonstrated in its submittals to trng process, in the amount of 2.0 uses will be accomplished by by surface water diversions from io River. yand is aware of the `Hydrology on its review and investigations, ded purposes of the Contracted amply with the Water Marketing DEFINITIONS In this Contract certain terms will have definitions as stutt d below; 0 12/22/04 WED 04:09 FAX 970 328 8254 KNIGHT PLANNING SEVICES • VI003 WATER SUPPLY CONTRACT Page 2 of ID CW04020 • The "River District" means the Colorado River W: aer Conservation District created and existing pursuant to the River District Orf ar ic Act defined in Recital A and acting by and through its Colorado River Water Pro ects Enterprise which is currently described and memorialized in the Resolution of the Colorado River Water Conservation District's Board of Directors data( J muary 17, 2001. • The "Project" means the River District's "Colored. • River Supply" from (1) Wol ford Mountain Reservoir, for which storage water rig it decrees were obtained by the River District in Cases No. 87CW283, 95CW2E 1 and 98CW237 District Court for Colorado Water Division No. S, and for which at?di tional storage water right decrees may be obtained in the future by the River Distr is in other cases; and (2) the River District's contractual right to water deliveries frui I Ruedi Reservoir. • "Agricultural" means the use of water for comet :rcial production of agricultural crops and livestock and other uses consistent wit , any right decreed for irrigation purposes, which uses are made on a parcel of is: id of at least ten acres. • "Municipal and Industrial" means the use of a al .r by individuals, cities, towns, public or quasi -public districts, private corporatio ts, homeowners associations, or other entities for domestic, municipal, and missed uteous related purposes as those terms are traditionally and commonly construed including the use of water for purposes of producing or processing a non-agricu_ _oral product or service for sale, including without limitations, such uses as maou actunng, mining, milling, land reclamation, golf course irrigation, snowmaki of , and non -hydroelectric power generation; and including the use of water for en, ironmental mitigation purposes associated with such uses; but excepting the agric ul .urai use of water defined herein. • "Contracted Water" means the water which is the •ubject of this Contract which is to be released and delivered by the River Disti ic and used by Contractor. The Contracted Water is 2.0 acre feet of Colorado R Supply available during each Project Year during the term of this Contract, sib _ct to the provisions hereof, for Contractor's use without right of carryover of any amount not used in any Project Year. • "Project Year" means a period of time from Ju y 1 through and including the subsequent June 30. • "Water Marketing Policy" means the River District' . policy statement as revised and readopted July 21, 2004, and as the same may be a vended in the future. • "Project Hydrology Assumptions" or "Hydrology ;umptions" means the document attached as Appendix "A" to the Water Marketing Policy adopted on December 1, 1995. 12/22/04 WED 04:10 FAX 970 328 6254 KNIGHT PLANNING SEVICES • • tj004 WATER SUPPLY CONTRACT Pogo 3 of 10 AGREEMLINTTS CW04020 The foregoing Recitals and. Definitions are incorporated ierein as agreements between the River District and Contractor. I . River District Water Delivery tZbligeloas and onsjt Uities. a. Delivery. The River District will deliver the Cr;Atracked Water at the outlet works of the Contracted Water's sources of supply into the receiving natural streams in quantities provided herein. Unless otherwise a;reed to by the River District's General Manager based upon written request of ( ontractor, the River District will make releases for Contractor, based upon Contracto's written scheduleofanticipated demand, adjusted as necessary by the ongoing stilt' s of river administration vis-a-vis thc priority status of Contractor's diversions, pre v ded that the releases can be made within the operational limitations of the Rive District's project facilities as determined by the River District in its sole discr,Sion. Contractor shall be solely responsible after delivery for the legal and pl ysical delivery and use of the Contracted Water. b. Delivery Contingencies. The River District's deli 'ery of Contracted Water shall be subject to Contractor's payments pursuant to paca.eaptt 3 below and thc provisions for curtailment of deliveries in paragraph 5 below c. Water Measurements. The River District shall rr sasure at the outlet works of the Contracted Water's sources of supply all Coritrtcted Water delivered from the account of Contractor and shall notify the Div is an Engineer of Colorado Water Division No. 5 of the date, tune and amount of Contracted Water released and delivered pursuant to this Contract. Copies of s•Ich records shall be provided to Contractor upon its request therefor. d. Niter Quality. The River District shall have no ebigation to Contractor or any other person regarding and makes no warranties or representations to Contractor concerning the quality of Contracted Water deli vt red pursuant to this Contract by releases of raw water to natural streams. e. MNlairttenance of Facilities. The River District sh:dll use its best efforts to maintain in good working condition the water storage and :e ease facilities of the Contracted Water. f. Withholding of Delivery. The River District may +ithhold deliveries of Contracted Water in the event of Contractor's nonpayment fir Contracted Water or any other breach of this Contract by Contractor. Such remelt shall not be the River District's exclusive remedy in the event of any such brr c'.i. 12/22/04 WED 04:12 FAX 970 328 6254 KNIGHT PLANNING SEVICES • • 4005 WATER SUPPLY CONTRACT Pagr 4 of 10 g- CW548IA Delivery from Primary or Alternate Source*. T'te River District will deliver the Contracted Water from the sources ofColorado It i .•er Supply described herein which will meet the Contractor's need to satisfy call i by senior water rights or the Contractor's physical need for any direct lc.ivery of Contracted Water to Contractor's diversions. Subject to meeting t hi se objectives, the River District reserves the ngbt to provide all or any of the Con /Acted Water to Contractor from alternate reservoirs for Contractor's use, provid,xl that the alternate sources are suitable to physically satisfy calls by senior wit r rights or Contractor's need for direct delivery. Any releases from alternate fat it ties shall not diminish the supply of Contracted Water. 2. Conttpctor`s Water Use ( ligations and Res* jbilities a_ Scheduling of Use. Contractor has provided the R schedule of its anticipated monthly demands for G Project Year. The schedule provided byContractor shall serve as the schedule to be used until it is n to Contractor to the River District, or as necessary u of the Contractor's diversions. The schedule s Contracted Water anticipated by Contractor nc particular Project Year_ Contractor shall update the Project Year as conditions require and give the such revisions. ver District a preliminary written .ntracted Water during the current in its application for this Contract tilied in a written notice given by response to river administration tall identify the volume of any to be needed by it during any :aid schedule periodically during kiwi District written notice of all b. C*uiage Losses. Contractor shall bear carriage losses in such amount as is determined by the Division Engineer for Colorzd, + Water Division No. 5, from the point of delivery ofContraeted Water to Contract o! 's point(s) o fuse and/or exchange or augmentation. C. Use Per Contract and �.aw. Contractor's use c f Contracted Water shall in all instances be in accordance with the terms of this ( ontract and the Water Marketing Policy and in accordance with Colorado law cottc :ming water rights and water use and all decrees related to the Contracted Water. ('c ,tractor is not authorized to apply for or secure any change in the water rights for or t ssociated with any of the sources of supply of the Contracted Water. d_ Legal Approvals. Contractor shall at its sole exlre.Ise adjudicate a plan or plans for augmentation or exchange and/or secure adminitt,ttive approvals of any temporary substitute supply plans which are needed for Corti rdor to use its Contracted Water. Any such plans shall identify Wolford Mountain I .esetvoir and Ruedi Reservoir as the sources of supply_ If Contractor intends to r nr ke any such applications for any augmentation or exchange plan(s) or substitute supply plan(s), Contracxor shall 12/22/04 WED 04:14 FAX 970 328 6254 KNIGHT PLANNING SEVICES Li 008 • • WATER SuPP1-Y CONTRACT CW04020 Page 5 of 10 submit the proposed application to the River Dis t within a reasonable time before Contractor proposes to file such application. 11 e River District shall review for written approval such applications before they 2.n submitted or filed, and the River District's approval shall not be unreasonably wig h field. The River District may in its discretion become a co -applicant in the prosecu tit n of any such applications for the purpose of protecting its water rights and related 1 olicies. Contractor shall cause to be included in any final decree of' the Watt r Court a provision conditioning Contractor's use of the Contracted Water on t to existence of a River District contract. e. Limitation of Disposition. Contractor shall no: sublet, sell, donate, loan, assign or otherwise dispose of any of its rights to this Conn, et or to Contracted Water without written notice to and the prior written approval of he River District and the payment of a transfer fee at the prevailing rate set forth i 1 he Water Marketing Policy. The River District's approval of such disposition shalll ,e granted in all instances in which the Contractor is transferring the water system u h: 2h supplies the Contracted Water. or a permanent transfer of the Contract is to be; : lade to a successor in interest of Contractor by reason of the transfer of the title (Yu ther legal right to use the property served by the Contracted Water, or where the trar sfer is made to an entity such as a homeowners' association or special district cae:►L d to serve the property originally represented to the River District to be acrved w al the Contracted Water. f. Contractor's Water Rates. Contractor may cha ge its water customers who are supplied with Contracted Water such rates and chi: rges as are permitted by Colorado law_ g. h. Npndiacrimtinatiop. Contractor shall not disciimitste inthe availability oforchargcs for any water service or water supply made avai Is 'le pursuant to or based upon the Contracted Water on account of race, color, religi, rn, or national origin or any other criteria prohibited under state or federal law. disganntiog of Use. Contractor shall maintain :w accounting of its use of all water used or supplied by Contractor on form(s) accept at, Ic to the River District specifically for the purpose of enabling the River District t� ' prove the use of River District Project water rights and to administer and operate • he Project and water right decrees and/or administrative approvals related to Conn ictor's use of Contracted Water. Contractor shall submit its accounting forms a id records to the River District promptly upon request and shall assist the River D strict as it may reasonably request in presenting and/or verifying such evidence of i Is, : in court or before administrative agencies by testimony of Contractor or its author, v d and informed officers or agents. 12/22/04 WED 04:15 FAX 970 328 6254 KNIGHT PLANNING SEVICES WI007 • • WATER SUPPLY CONTRACT Page 6 of 10 CW04020 i. Contractor shall consult with the Army Corp oftin:;ineers to ensure compliance with Section 404 of the Clean Water Act as the result c f the construction of any facilities necessary to use the Contracted Water. 3. Contractor's Payments. a. In addition to the application fee already paid by Contractor, in order for the River District's delivery obligation to become effective immediately, Contractor shall pay to the River District on the execution of this Contr:.ct the total sum of $250.00, being $125.00 for each acre foot of 2.0 acre feet of Col of ado River Supply (the Contracted Water), for the first partial Project Year (July 2(0 through June 2005). Thereafter, on or before April 1" of each year Contractor shall pay to the River District that amount, or the adjusted amount as provided bele a+, for the next upcoming Project Year. The base price of $125.00 per acre foot of Colorado River Supply Contracted Water includes an amount charged for Project operation .utd maintenance ("O&M') in the amount of $25.00 for Colorado River Supply. Cm April 1, 2008 and every five years thereafter those O&M charges shall be adjuster lased on the cumulative change in the Boulder -Denver Metro Area Consumer ;'rice Index ("All Items-) and Contractor's subsequent annual payments for a ntracted Water shall be adjusted accordingly_ 4. Contract Term. a. Subject to the provisions of paragraph 6 below, iv: initial term of this Contract shall be for a period of up to forty (40) years from • he date of the execution of this Contract.. b. Upon the completion of the initial term and subie t to the provisions of paragraph 6 below, Contractor shall have the right to renew t hi Contract for a secondary term of thirty-five (33) years, which shall commence upo: the expiration of the initial term_ If Contractor desires to so renew this Contract, t shall provide the River District written notice of its intention to do so at least nine y (90) days prior to the expiration of the initial term of this Contract. Thereafter, tnd prior to the expiration of the initial terns, the River District and Contractor sha 11 xecute a supplemental agreement of renewal in a form mutually acceptable to the R i+ er District and Contractor. If such notice of intention to renew is not provided and such supplemental agreement is not executed, no renewal term shall commence. c. Upon renewal, the following terms of this Contras t shall be subject to renegotiation_ 12/22/04 WED 04:17 FAX 970 328 6254 KNIGHT PLANNING SEVICES 0 008 • • WATER SUPPLY CONTRACT Page 7 of 10 CW04020 The charge for and adjustment of opea ation and maintenance may be increased or modified based upon the kdequacy of the charge and its modification under this Contract to count be River District's operation and maintenance costs actually experienced di ring the initial term. ii. The need or appropriateness of ary conservation plan concerning Contractor's use of Contracted Water afd etermined by the River District. 5. Water Shortage. In the event that the River District i. ► nable, because of either legal or physical reasons, to deliver any or all of the full amount r►f water contracted fmm the Project, including the Contracted Water, the River District ref arves the right to apportion the Project's available water among its several contractors, including Contracmr, in the manner provided in Section 6 of the Water Martceting Policy. 6. Contract Termination. a. Termination by River District. The River District may terminate this Ccal, tact for any violation or breath of the terms of this Contract by Contractor, ,n. lading Contractor's failure to pay timely any sum or amount due under tit. Contract within thirty (30) days after receiving written notice from the Rii er District of such breach. ii. The River District also may terminate tin: Contract if, in its discretion any judicial or administrative proceedings inii is Led by Contractor as contemplated in subparagraph 2.d above, threaten the Ri •er District's authority to contract for delivery of Project Water or the River )istrict's water tights, permits, or other interests associated with the Project iii. The River District may terminate this Contract if its legal ability to deliver Contracted Water is materially impaired or is eliminated because of the termination or adverse modificatior of permits, decrees or other authorizations which are needed to deli. er the Contracted Water. b. Terniption by Contractor. i. Contractor may terminate this Contract ill s entirety for any reason by giving the River District at least thirty (30) days a• vance notice prior to the due date of Contractor's next annual payment. ii. Every fink year after the year in which ti ri Contract is executed, Contractor may partially terminate this Contract as to the amount of Contracted Water by giving the River District at least thirty 30) days advance notice prior to 12/22/04 WED 04:18 FAX 970 328 6254 KNIGHT PLANNING SEVICES 4 009 • WATER SUPPLY CONTRACT Page 8oft0 CW04020 the due date of Contractor's next annual payment. Partial termination by Contractor shall not exceed more than fi fi / percent (50%) of the amount of Contracted Water which is then under car tract. iii. Within thirty (30) days of final appro. al of the Water Court application contemplated by paragraph 2.d, Contractor may by written notice to the River District partially terminate this Contract as to the amount of Contracted Water which is not needed under that app oval. c. Notice of Termination to Affected Qffftcials. T te River District will notify the Division Engineer and any other appropriate gov:.rnmental officials of any frill or partial contract termination except for any partia termination under subparagraph 6.b(iii). 7. Conversion to Upfront Paymett Within three (3) years MI .r the date of the execution of this Contract, Contractor may convert to an upfront paymen' 1: y giving the River District at least thirty (30) days advance notice prior to the due date of C antractor's next annual payment. On or before the following April lam, Contractor shall pie • to the River District $1,850.00, being $900.00 for each acre foot of Contracted Water pi' : +s S25.00 for O&M for each acre foot of Contracted Water. Thereafter, on orbefore each f pril 1" during the remaining tern of this Contract, Contractor shall pay the River District the O&M amount, as it may be adjusted as provided below, for the next upcoming Project Year. The annual O&M payment of Contractor shall be adjusted on April 1, 2008 and ever) five (5) years thereafter based on the cumulative change in the Boulder -Denver Consua r Price Index ("All Items"). 1f Contractor exercises the option to convert to an upfront payment, subparagraph 6.b(i) shall become null and void. 8. Miscellaneous/Standard Provisions. a. Notit es. 1. All notices required or appropriate under o I pursuant to this Contract shall be given in writing mailed or delivered to the tattles at the following addresses: jzivetDistrict: Colorado River Water Conservation Dish' ct Attention: Secretary / General Manager 201 Centennial Street, Suite 200 P. O. Box 1120 Glenwood Springs, Colorado 81602 Phone: (970) 945-8522 Fax_ (970) 945-8799 12/22/04 WED 04:20 FAX 970 328 8254 KNIGHT PLANNING SEVICES W0010 • • DATE: December 22- 2004 By: ATTEST: ,! p Richard Eric Kuhn, Secretary WATER SUPPLY CONTRACT Page 9of10 Contractor: Mark Wilhelm, Manager 7W Guest Rauch, LLC 3412 County Road 151 P.O. Box 5259 Eagle, CO 81631 Phone: (970) 524-9328 Fax: (970) 337-7007 with copy to: David Hayes, Esq. Pettus & White, LLC 730 17°i Street, Suite 820 Denver, CO 80202 Phone: (303) 825-1980 Fax: (303)825-1983 ii. Either party may, by written notice given change the address to which notices to it i b. Amendments. No amendment, modification, o• provisions and implementation shall be effective In is approved and executed by both parties with approved and executed this Contract. CW04020 n accordance with this provision, hall be mailed or delivered. novation of this contract or its less documented in writing which he same formality as they have COLORADO RI V iR WATER CONSERVATION DISTRICT acting 1 y and through its Colorado River Water P ' ec Eat•rprise Step In M. Mathis, President 1 7W GUEST RAN( H, LLC By: Mark Wiilm, Manager 12/22/04 WED 04:21 FAX 970 328 6254 KNIGHT PLANNING SEVICES ti 011 • • WATER SUPPLY CONTRACT CW04020 Page 10 of 10 STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. VERIFICATION The foregoing Water Supply Contract was subscribed and sworn to before me by Stephen M. Mathis as President of the Colorado River Water Co :di in District, acting by and through its Colorado River Water Projects Enterprise this day ,, t:IceePT , 2004. Witness my hand and official seal. My Commission Exi ices: ry Pub is STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Water Supply Contract was subscribed and sworn to before me by Richard Eric Kuhn as Secretary of the Colorado River Water Conjetvnti, in District, acting by and through its Colorado River Water Projects Enterprise thisdlvl day ‘,t , 2004. Witness my hand and official seal. My Commission Exl irea: STATE OF COLORADO ) )IS- COUNtY OF ) /r is Mt CON1631011 Bree 0T112001 The foregoing Water Supply Contract was subscribers , nd sworn to before me by Mark Wilhelm as Manager of 7W Guest Ranch, LLC this 7 day o f , 2004. My Commission Expires 7/9/2008 Witness my hand and official seal. My Commission Ex1 ires: Dec-20-04 0914A Test ide 970141176 9464 P.03 • )\_Q__4A__2_,.., LAct_, e • $: -U—Ncy C_ZTy\ ) CLQ.6w...-t__, 4-ccta/yzUJCc 1:-S-14-- -3633 (I c' e rd‘..e.eco._a„,07_ipt;4_ d &)ici 8-Z_eck Saw_ vL. • (-1)\ • Cc--1-1-L) 47AL, tAc\ C--- c'o /6-1 JAI - (feZ' c...; / 3 Fy Ce. ei?=4. 4/ (/;,_ /ec-V, /$1 Kic efe 9-7437- • • IX. RECOMMENDATION Staff recommends APPROVAL of the Proposed Special Use Permit, with the following conditions: 1. That all representations and 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 all development within the resort area. 3. The Applicant shall submit a new Special Use Permit application for approval if in the future any new improvements and activities are desired as part of a resort designation and not specifically identified in this application. 4. The installation of all required ISDS upgrades or replacements shall comply with the 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 of the 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. 7. The Applicant shall prepare a fire mitigation plan and submit said plan in writing to the Building and Planning Department prior to issuance of building permits. 8. 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. 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.