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Home My WebLink About7.0 Resolution 2014-161111IVini11r.Yrvii1611Vibt*JAN'ti i1:Vlk111:1 11111 Recept ions# : 847974 04,07/2014 04 0742 DM Jean Alberico r0UF11Y CO of 6 Pee Fee $0 00 Doc Fee 0 00 ORRFIELO STATE OF COLORADO )ss 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 Administration Building in Glenwood Springs on Monday, the 17th day of March A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. c,2/0/Li — /(p A RESOLUTION OF APPROVAL FOR AN AMENDED LAND USE CHANGE PERMIT, SPECIAL USE PERMIT FOR A RESORT ON A 6.87 ACRE PROPERTY OWNED BY PETER LANGEGGER, LOCATED AT 361 COUNTY ROAD 311, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2179-104-00-516 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for an Amended Land Use Change Permit — Special Use Permit to allow modifications to an existing Special Use Permit for a Resort, as further described in Exhibit A, Site Plan. (File No. SUAA-7776) B. The Project is located on a 6.87 acre parcel of land owned by Peter Langegger. The ownership of this property is described in a warranty deed found at Reception Number 846099 in the records of the Garfield County Clerk and Recorder. The Application was originally submitted by Thom and Camille Toler and subsequently assigned to Peter Langegger. The Project is also known as the Ruby River Ranch Resort. C. The subject property is located within unincorporated Garfield County in the Rural (R) zone district, approximately '/2 mile south of the Town of Silt. 1 Ell FirlrYlfkitHi.111,11:4i11g7NWft'iiIL C ?1f11L,,fif 11111 Reception#: 847974 04ID7120f4 04.07 42 PM Jean Alberlco 7 of 5 Rec Fee $D 00 Doc Fee D 00 GARFIELD COUNTY CO D. The Application was reviewed by the Board of County Commissioners in accordance with the provision of the original Special Use Permit approval, Resolution No. 2004-112, and consistent with the Land Use and Development Code for an Amendment to an Approved Land Use Change Permit — Special Use Permit. E. The Board is authorized to approve, deny or approve with conditions an Amendment to an Approved Land Use Change Permit application resulting in issuance of an Amended Land Use Change Permit pursuant to the Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 17th day of March, 2014 for consideration of whether the proposed Amended Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 17th day of March, 2014 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Amendment to the Langegger Ruby River Ranch Resort Special Use Permit is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 11IIIreft1i1r?trAllh lirtilE,+ iw/irr,1'a 11 II Reception#: 847974 04107/2014 04 07.42 PM Jean Plberico 3 of 6 Rec Fee •$0 00 Doc Fee .O 00 OPRFIELD cowry CO B. The Land Use Change Permit for an Amendment to the Langegger Ruby River Ranch Resort Special Use Permit is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the Resort facility shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility including but not limited to Army Corp of Engineers Permitting and storage requirements for potentially hazardous or polluting materials. 3. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide documentation that all required amended well permits have been issued by the Division of Water Resources adequate to demonstrate a legal supply of water for the facility. The well permits shall include use of the wells for the bath house facility and the Applicant shall keep current all contracts with the West Divide Water Conservancy required for the issuance of the amended well permits. 4. Prior to issuance of the Land Use Change Permit, the Applicant shall complete a 4 hour pump test and required water quality testing in accordance with the Land Use and Development Code. The reports shall be accompanied by analysis by a qualified professional indicating that the well production is adequate to serve the proposed use and that the water quality is safe for human consumption meeting applicable CDPHE standards or provide for acceptable treatment options in order to achieve compliance. 5. Prior to the issuance of the Land Use Change Permit, the Applicant shall obtain a flood plain development permit for the proposed bath house facility and supporting infrastructure. The Applicant shall comply with all conditions of said permitting including flood proofing and elevation as may be required. 6. Prior to the issuance of the Land Use Change Permit, the Applicant shall obtain a County Driveway Access Permit and comply with any required improvements. 7. The Applicant shall provide evidence that the pedestrian access bridge westerly landing on the camping area/island is located within the Applicant's property, will be relocated to the Applicant's property within the same general area of the site subject to compliance with all County Flood Plain and Army Corp of Engineering regulations, or provide other evidence acceptable to the County that encroachment issues have been addressed by easements, use agreements, or property acquisitions/boundary line adjustments. 3 1111ParitliKilv11,1,01PINAMNIIIIIViffliillityi, 11111 Reception#: 847974 04107/2014 04.07 42 PM Jean Riberico 4 of 5 Pec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO 8. Waivers from Land Use and Development Code requirements for Landscaping PIans and Traffic Studies are approved pursuant to the approval criteria contained in Section 4-118. 9. 10. All previous conditions of approval contained in Resolution 2004-112 shall remain in effect with the exception of Condition #8 which shall be deleted. In accordance with Resolution No. 2004-112 Condition #7, the Applicant shall maintain all emergency vehicle access driveways at a minimum width of 20 ft. and shall provide an emergency vehicle turnaround in the vicinity of the fishing pond. 11. Construction of the proposed facility and any related site disturbance shall be properly designed for drainage and restored with native vegetation and seed mixes as part of the Building Permit process for the facility. 12. The Applicant shall complete all remaining engineering required for the septic system and obtain all required County permits for said system. 13. All potential hazardous materials or materials with potential for impacts on water quality shall be properly stored and contained within the building. Dated this ATTEST: , A.D. 20 I . Y BOARD OF GARFIELD k of the Board Upon motion duly made and seconed the fo egoing following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY on was at . pted by the , Aye , Aye , Aye 4 1I11 11 111 Reception : 847974 04/07/2014 04 07 42 PM Jean Rlbe,ico 5 of 6 Rec Fee $0 00 Doc Fee 0.00 GORFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5 ■IIlNiPdritimilvi,i 1111 Reception4; 847974 04/0712014 04 07-42 PM Jean gibe-icc 5 of 6 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO EXHIBIT A — SITE PLAN r�-sry1C1 ;1.1/905= 114. Mr.for r r r Mae 11 1501 K w 13111•i Proposed Location of Combined Bathhouse Building 6