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HomeMy WebLinkAbout1.0 Extension Request 08.17.2018High Mesa RV Park — Extension Request - Exhibits Applicant is High Mesa Partners, LLC, James and Monique Speakman and Daybreak Realty, Inc. October 15, 2018 rExhibit Number Exhibit Description 1 Extension Request Letter from Jerry Rusch, Dated August 17, 2018 2 Resolution 2017-42 — Resolution of Approval for Extension, Dated September 18, 2017 3 Resolution 2009-72 — Resolution of Approval for High Mesa RV Park, Dated September 21, 2009 4 Minutes from Public Hearing for High Mesa RV Park, Dated September 21, 2009 5 Staff Report for High Mesa RV Park, Dated September 21, 2009 6 Memo from John Niewoehner, former Garfield County Project Engineer, Dated September 15, 2009 7 Project Status Information with Conditions of Approval 8 Garfield County Land Use and Development Code 9 Garfield County Comprehensive Plan 10 Staff Memo 11 12 13 T»'-' �o�e 9 o °TycoJt ci v.ch5 \— it 0 Avg:opt`5 BOCC October 15, 2018 PW PROJECT INFORMATION REQUEST Extension — High Mesa RV Park EXHIBIT O g 1 PROPERTY OWNER High Mesa Partners, LLC, James and Monique Speakman and Daybreak Realty, Inc. REPRESENTATIVE Jerry Rusch — Rocky Mountain Steel Structures LOCATION Subject property is located off a well pad access road off CR 300, approximately 1 mile south of Battlement Mesa I. BACKGROUND High Mesa RV Park was originally approved via Resolution 2009-72 on September 21, 2009 (See Exhibit 3) under the Unified Land Use Resolution of 2008. The Applicant (High Mesa Partners, LLC, James and Monique Speakman and Daybreak Realty, Inc) have requested six time extensions since their original approval in 2009 to meet conditions of approval. The basis of these extensions were poor market conditions. The project's last extension was reviewed in September of 2017 and was granted an extension by Resolution 2017-42. The current extension will expire on December 31, 2018. The Applicant has requested a seventh extension to December 31, 2019. The High Mesa RV Park was approved with 18 conditions (and 49 sub -conditions). The Applicant has provided a spreadsheet indicating the status of completion for each of the Conditions of Approval (See Exhibit 7). Through the review of the requirements outlined in Resolution 2009-72, it has become apparent that the intent of the approval is that the facility be completely built and ready for operation before the Land Use Change Permit is issued. While this scenario is unusual, the reasoning for this decision was described at the public hearing on September 21, 2009 by then Assistant County Attorney Deborah Quinn (See Exhibit 4). Essentially, the purpose for requiring the facility to be fully constructed and ready to be open to the public prior to issuance of the Land Use Change Permit is a form of security that the facility will be built to the required standards and as represented in the application. This procedural security was accepted by the BOCC in lieu of financial security. It is worth noting that while financial security is not required by Resolution 2009-72 for the construction of the project, a Restoration security of $291,333 and a Revegetation security in the amount of $22,603 are to be collected prior to soil disturbance (grading permit). The Restoration security is to allow the land to be restored to pre -construction conditions should construction of the park not be completed between issuance of the Grading Permit and the issuance of the Land Use Change Permit (completion of construction) for any 1 reason. The Revegetation security is to be held from the time of soil disturbance until disturbed areas are revegetated without weeds and is verified with an inspection by the Garfield County Vegetation Manager (typically four growing seasons) (See Exhibit 6). The purpose of the requested extension is to allow the applicant time to construct the facility prior to issuance of the Land Use Change Permit and fulfillment of the Conditions of Approval. Pursuant to Section 4-101.1.(3), the Board may grant additional extensions prior to the expiration of the current approval. The applicant has provided a letter of explanation (Exhibit 1) that states that "Unfortunately, due to unforeseen financial difficulties, satisfying all the conditions of approval will not be possible by the current deadline of 12/31/18 and therefore request one final extension until 12/31/19." II. AUTHORITY The Board has the authority to grant extensions pursuant to Section 4-101 I. of the LUDC, which states: I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the 2 BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. III. BOARD OPTIONS Considering the excerpt from the LUDC, Section 4-101.1., above, the Board has two general options. Option 1: Approve the requested extension. This option would allow the applicant to continue to work to satisfy the conditions of approval and construct the facility. The extension has been requested through December 31, 2019. If the Board wishes to approve the extension, Staff suggests the following findings. 1. Proper public notice was provided as required for the public meeting before the Board. 2. The public meeting before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were heard at those hearings. 3. The request for an extension was properly set and heard before the Board pursuant to Section 4-101(1)(1) and (3) of the Land Use and Development Code, as amended. 4. The additional extension has been determined to be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. Option 2: Deny the requested extension. This option would mean that the approval issued under Resolution 2009-72 would expire on December 31, 2018 unless the RV park facility is constructed to the standards outlined in the approval and ready to open to the public by that date. As construction has not yet begun as of the writing of this memo, a denial would give the applicant two options since it is unlikely this timeline can be met. A. Allow the approval to expire as of December 31, 2018 and resubmit a new application for a Campground / RV Park at this location under the current LUDC. Under the current LUDC, a Campground / RV Park is a Major Impact Review in the Rural zone district and would require a public hearing with the Planning Commission and Board of County Commissioners. B. Request a Substantial Amendment to the approval that would require a financial security be provided along with an Improvements Agreement that 3 would be signed by the BOCC and property owners, if the application is approved by the BOCC. This application would need to be submitted and deemed complete by December 31, 2018. As the request is a Major Impact Review in this zone district, the amendment would require noticed public hearings with both the Planning Commission and the Board of County Commissioners. If the Board wishes to deny the extension, Staff suggests the following findings 1 Proper public notice was provided as required for the public meeting before the Board. The public meeting before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were heard at those hearings. The request for an extension was properly set and heard before the Board pursuant to Section 4-101(1)(1) and (3) of the Land Use and Development Code, as amended. The additional extension has been determined to NOT be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4 ROCKY MOUNTAIN STEEL STRUCTURES, INC. 353 EAST VISTA DR SILT, CO 81652 / PHONE 970-876-5878 FAX 970-876-5877 / rmss!dsopris.nct Dave Pesnichak Garfield County Building Dept. RE: High Mesa RV Park Resolution No. 2009-72 8/17/18 Dave, We appreciate all you and your staff have done to help in reaching this point with our High Mesa RV Park project in Battlement Mesa. Unfortunately, due to unforeseen financial difficulties, satisfying all the conditions of approval will not be possible by the current deadline of 12/31/18 and therefore request one final extension until 12/31/19 . This gives us time to construct the park as outlined and satisfy all the conditions of approval. If we can get on the 10/15/18 docket that would be best for all of us. Your and the Boards help in thisr will be greatly appreciated. Thanks r erry Rusch Representative for the High Mesa RV Park 1I11POrdKITAT.M 11111 Reception#: 897452 09/20/2017 10:38:20 AM Jean Alberico 1 of 3 Rea Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield 3 EXHIBIT At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Tuesday, September 5th, 2017, there were present: John Martin Mike Samson Tom Jankovsky Tari Williams Kelly Cave Jean Alberico Kevin Batchelder , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE LAND USE CHANGE PERMIT FOR THE HIGH MESA RV PARK TO COMPLETE REQUIRED CONDITIONS OF APPROVAL TO DECEMBER 31, 2018 Parcel ID: 2407-193-00-189 (RV Park Site) 2407-193-00-162 (Daybreak Realty, LLC) 2407-244-00-124 (James and Monique Speakman) Recitals A. On September 21, 2009, the Board of County Commissioners of Garfield County (the Board), Colorado, approved with conditions a Land Use Change Permit Application submitted by High Mesa Partners, LLC, Daybreak Realty, LLC and James and Monique Speakman (the Applicant) to construct a 119 space RV Park as memorialized in Resolution 2009-72. B. The subject property is located off a well pad access road off CR 300, approximately 1 mile south east of Battlement Mesa Planned Unit Development (PUD). C. On August 16, 2010, the Board approved the first 1 -year extension to September 21, 2011 to complete conditions of approval as approved in Resolution 2010- 66. 1 3 •J EIFJU T111 11111 Reeept.ionq: 897452 08f20/2017 10.38 20 AN Joan R1ber:co 2 of 3 Roc Fea:$0.00 Doc Fee.0.00 GRRFIELD COUNTY CO D. On May 16, 2011, the Board approved a second 1 -year extension to September 21, 2012 as approved in Resolution 2011-30. E. On August ,20, 2012, the Board approved a third extension of 2 years to September 21, 2014 to meet the required conditions of approval as approved in Resolution 2012-77. F. On September 21, 2015, the Board approved a fourth extension of 2 year to September 21, 2017 to meet the required conditions of approval as approved in Resolution 2015-55. G. Consistent with Section 4-101(I)(1) and (3) of the Land Use and Development Code, as amended, the Applicant submitted a request on July 31, 2017 for a fourth extension to meet the required conditions of approval. H. On September 5, 2017, the Board considered a request from the Applicant for a fifth extension to meet conditions of approval for the High Mesa RV Park to December 31, 2018 upon the question of whether the request should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Application. 1. The Board of County Commissioners closed the public meeting on the September 5, 2017 to make a final decision. J. The Board, on the basis of substantial competent evidence produced at the aforementioned public meeting, has made the following determination of facts. 1. Proper public notice was provided as required for the public meeting before the Board. 2. The public meeting before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were heard at those hearings. 3. The request for an extension was properly set and heard before the Board pursuant to Section 4-101(I)(1) and (3) of the Land Use and Development Code, as amended. 4. The additional extension has been determined to be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. XIII i r,JIIIitir' 111.11J,11A1 10N11/171'.'hI4ll II III Recept1onq; 897452 09/20/2017 10.38:20 RM Joan Alberlca 3 of 3 Rea Fee:$0.00 Doc Fee10,00 GARFIELD COUNTY CO 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. B. An extension to complete conditions of approval for a Land Use Change Permit for the High Mesa RV Park is approved and the new deadline for completion of conditions of approval shall expire on December 31, 2018. Dated this 18 6 day of , 2017. ATTEST: i -1k of the Board GARFIELD BOARD COMMISSIONERS, G� D COUNTY, COUNTY OF Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Aye Mike Samson , Aye Tom Jankovsky , Aye 3 liii hAKVAPILIKIKONll 'OMINEll ilifil lull Recept i ants : 776298 10113/7009 14 AR OB W'1 Jedm Albur+an 1 of AG Rac Fate is 00 Oac can 0 00 Onumin rouriry Co STATE OF COLORADO )ss County of Garfield a 3 EXHIBIT 3 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, September 21, 2009, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Trrsi Houpt . Commissioner Deborah Ouinn , Asst. County Attorney Jean Alberico . Clerk of the Board Ed Green{absent1 . , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2009-72 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT APPLICATION FOR AN RV PARK KNOWN AS THE "HIGH MESA RV PARK" Parcel 1Ds: 2407-193-00-189 (RV Park Site) 2407-193-00-162 (Daybreak Really, LLC Property) 2407-244-00-124 (James and Monique Speakman Properly) Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Land Use Change Permit Application from High Mesa Partners, LLC, Daybreak Realty, LLC and James and Monique Speakman (hereinafter Applicants) to construct a 119 space RV Park as reflected in the Site Plan attached as Exhibit A to this resolution; B. The subject property is generally located off a well pad access road off CR 300, approximately 1 mile south of Battlement Mesa PUD and is legally described as shown on the accompanying Exhibit B; C. The subject property is located in Study Area III of the Garfield County Comprehensive Plan of 2000 and is designated as Outlying Residential on the Proposed Land Use Districts Map and where a Land Use Change Permit for an RV Park requires a Major Impact Review process as stated in the Garfield County Unified Land Use Resolution of 2008, as amended; 1 1III hY 111,1 Ml ',VA*itIIitkilIa UI III Raceptionll: 776296 10/13/2009 10-44.09 OM Jean FIbarlco 2 of 46 Roc ss. $0 CO Doo Fea'01.00 0ARFIELU country co D. The Planning Commission opened a public hearing on May 13th, 2009 on the proposed Land Use Change Permit Application for an RV Park upon the question of whether the Application should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Application; E. The Garfield County Planning Commission closed the public hearing on the May 13t, 2009 and recommended "Approval with Conditions" for the Land Use Change Permit Application for an RV Park to the Board of County Commissioners; F. On August 10, 2009, the Board of County Commissioners (the Board) opened and continued a public hearing for the proposed Land Use Change Permit Application for an RV Park to September 21, 2009; G. On September 21, 2009, the Board of County Commissioners (the Board) opened the public hearing and on the proposed Land Use Change Permit Application for an RV Park upon the question of whether the Application should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Application; H. The Board of County Commissioners closed the public hearing on the September 21, 2009 to make a final decision; I. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. Proof of proper public notice was provided as required for the public hearings before the Planning Commission and the Board of County Commissioners. 2. The public hearing before the Planning Commission and 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 those hearings. 3. The Land Use Change Permit Application for an RV Park has met the requirements set forth in the Garfield County Unified Land Use Resolution of 2008, as amended; 4. The above stated and other reasons, the proposed Land Use Change Permit Application for an RV Park has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 2 1111 hIilIIi pM,1141IMI' I''IrI JI ITU Dili tit r1 il11Q4&1 .1111 Receptiontl: 776298 ID)1'12009 i0,44 OR AM Jean Alberica 3 of 46 Rao Fee SO 00 Doe Fee:0.00 GARFIELD COUNTY CO 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. B. The Land Use Change Permit Application for an RV Park is hereby approved subject to compliance with the following conditions: 1. All representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners (BOCC), shall be considered conditions of approval unless explicitly altered by the BOCC. 2. The operation of the facility shall be performed in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes for residential standards assessed at a location of 350 feet from the park or at a point 25 feet beyond the parcel (RV Park parcel) boundary, whichever is lesser. 4. The High Mesa RV Park shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards for emissions, heat, glare, radiation, fumes, smoke or other emanation which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 5. The Applicant shall comply with the fire protection provisions included in the comments of the Grand Valley Fire Protection District as follows: A. The developers of the High Mesa RV Park are requesting a variance allowing for a section of the Main Entrance Road to High Mesa RV Park to have a curve radius of 145 ft. as opposed to the 185 ft. The developers stated that the road is not intended to be a 25 MPH rural road which would require the 185 ft radius. The road is intended to be a 25 MPH rural road which would accommodate the 145ft radius. The developer states that it will be signed accordingly and it will be park's staff responsibility to monitor for compliance. The decrease in radius will not appreciably affect our ability to respond with the Districts current and projected fleet of response apparatus. The Grand Valley Fire Protection district has no objection to the developer's request for a variance to the minimum required road radius requirements. 3 ■III WIC FR'lhi i.WII Reecpt.!onH; 776288 ,alit:102OO9 50 44 GO c i .e+^ a«•' irn Lf 46 err Fee SO D"' 61-1r fne 0 GORF 0 COUNTY CO B. The District has reviewed and approved both of the project's Access/Egress roads: The main road enters into the project from County Rd 300 near the Metcalf residence. The Metcalf residence is directly across the street to the northwest from the Main entrance into the RV Park. Also approved is the secondary Emergency Road that leaves the North side of the RV Park and ties into the Speakman property and then empties onto County Road 300 approximately 200 yards east of the Main Entrance. These roads wills have chains and locks which will ensure 24/7 access in the event of an emergency. C. The fire pond shall be full at the time construction begins. This will help the Fire District have a water supply on site for any initial mitigation of any Wildland fire and/or initial attack of buildings under construction. D. The Fire pond must be able to maintain the minimum 50,000 gallons of water storage at all times. E. It is the responsibility of the owner to make sure the building complies with the International Fire Code 2003 Edition. 6. An y signs associated with the use shall be designed to comply with the Garfield County Sign Code. 7. No storage of heavy equipment is proposed or permitted on this site, with the exception of a machine or vehicle for snowplowing, which shall be parked in the storage area or inside a structure. 8. Any lighting of the site shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 9. All equipment, structures and light fixtures on the site shall be painted with a neutral shade of tan or sage green non -reflective paint to reduce glare and make the site more inconspicuous. Structures designed to mimic barns, agricultural structural or false -front western storefronts may be either neutral colors or faded barn red, but the surface must be a non -reflective surface to reduce glare. 10. Prior to the acceptance of the Maintenance Agreement, the Applicant shall: F. Revise all sections to comply with the limitations for access for the use 60 and level described in the application, that being a 119 -unit RV Park / with related infrastructure including: easements, a wastewater treatment facility, water treatment facility, ponds for fire flow storage and stormwater detention, shower/laundry facility, dump station, storage building and campground/ office building; 4 ■Illiiiri.41571lVAftiOM N1.1dit11k140011Mak11111i. Rucaptionq: 776298 10/13+2004 10 4b 00 Rn „Iwo Rlborioa 5 of 4fa Poo Fe* 30 d0 000 Foe 0 00 00RFIL'(D COUNTY CO 0G.Revise all statements to comply with the following comments from the Garfield County Road & Bridge Department: i. Driveway access permits have been issued for this application. One driveway access permit is for the main entrance in and out of the RV Park. The other drive other driveway access permit is for the emergency entrance only and will have a gate with a knock off system; ii. The emergency driveway access shall not be considered complete until all conditions of the driveway access permit are complete and approved by Garfield County Road & Bridge Department; iii. These Driveway accesses are for this application only. The traffic volume increase caused by this application will impact all of Cr. 300 roads from the point of entry to I-70 through Battlement Mesa. The application has the potential to add the traffic impact at the entrance of CR300 to Colorado State Highway 6 at Una. This intersection is already a point of great concern and is requiring improvements. These comments are for this application and traffic impact only. iv. All vehicles hauling equipment and materials for this project shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road & Bridge Department. v. No signage other than the approved driveway access stop signs shall be placed within the County ROW without approval of Garfield County. 011 Prior to any disturbance of land, the Applicant shall provide to Garfield County Building and Planning Department: A. Verification of permits issued to serve the High Mesa RV Park for the two (2) commercial wells; and B. Any notification and tests required by Garfield County for the wells. Prior to the any disturbance of land, the Applicant shall: A. Design the roadways to meet the following standards: 1. Minor Collector road standards, with an allowable exception of foot shoulder widths, and 10% grade provided safety features are installed on curves; and 5 NM VIPlfi1'1114 �F�'�I �� L��'�ILIII" 1111 Reception• 775298 1o/1312009 10:a4 DO RM Jean Rlberico 6 of 46 Rec Fe0 50 90 Doc Fee 0.00 GARFIELD COUNTY CO (B) 2. Design additional safety and drainage enhancements as per Garfield County Project Engineer on curves (guardrail, culverts); The Applicant shall provide adequate recorded easements for the public (rather than private) without charge to Garfield County, that being: 60 feet for the main access road, and 20 feet for the emergency access road. Have in place a plan for chip -sealing of the main access road: ] If adequately secured, the Applicant may delay chip -sealing the main access roadway to a date no more than 18 months from the BOCC date of approval (9/21/09), or 30 days after EnCana's energy development requiring oversized equipment ends, whichever comes first, 2. Prior to chip -sealing, the access roadway shall be built to the standard required by the Garfield County Project Engineer's specifications, 3. During all phases (construction, pre -chip -sealing and afterward) the road shall be maintained to meet Garfield County and State air quality standards with a dust mitigation plan, as stated by Garfield County Environmental Health Manager. Prior to chip - sealing the main access road, the Owner shall apply mag - chloride to the main access road every two weeks to control dust. Have in place all required plans, agreements, and securities including, but not limited to: 1. Reclamation 2. Dust mitigation (to meet Colorado Air Pollution Control Commission Regulation 1) 3. Improvements Agreement 4. Maintenance Agreement 5. Securities for reclamation, re -vegetation, and chip -seal Have all required plans and permits required by Garfield County and the State of Colorado, including, but not limited to: 1. Road & Bridge for oversized/overweight vehicles and traffic control; 2. Environmental Health for dust mitigation [Control Measures as per APCC Regulation 1, III.D.b.(iv)] incorporated into the plan and an Air Pollution construction permit (State); 6 ■Ill .UN%'11111 Receptianll: 77G29B oi346 Ree rrab SO OO age,44 00 AM r an Alberico 7 T re. a co Gala CO' 1:i TY CO 3. Planning Department Project Engineer's requirement for cordoning off areas to minimize land disturbance; 4. State Department of Public Health & Environment (CDPHE) required Storm Water Management Plan (SWMP); 5. Record updated easements for the north and south storm water retention ponds, lower fire flow pond, upper fire flow pond, High Mesa storm water retention pond on the RV Park parcel, if applicable, and submit a revised Site Plan depicting all necessary easements. F.) Prior to any disturbance of land, the Applicant shall provide a GPS `shapefile' to the satisfaction of the Realty Specialist of the Glenwood Springs Field Office of the Bureau of Land Management to determine the land status of the ingress & egress to the project. Regarding the fire protection system, the Applicant shall provide the Building & Planning Department with the following information to the satisfaction of the Garfield County Planning Department Project Engineer prior to any disturbance of land: A. Proper recorded easements for the Upper Pond, design of the ditch or pipe conveyance to the lower fire flow pond, and any maintenance road for the Upper Pond that may be required, and amend the Site Plan accordingly; B. Well system details (design specifications, easement and maintenance road requirements) if the wells are to be used to fill the fire flow pond; C. If the Applicant proposes to use water from the potable water system to serve the fire flow pond, the Applicant shall provide a statement from SGM revising the volume of water to be processed through the system to ensure that the water system is adequately sized; 14.I Prior to issuance of the Land Use Change Permit, the Applicant shall ./ provide a letter from the Grand Valley Fire Protection District to the Garfield County Building & Planning Department acknowledging acceptance of the design and proper installation of the following: A. The fire flow pond including its water delivery system(s), easements, and maintenance roads from all impoundments and wells required for its operation; B. The emergency access road, its knock off gate, and its surface; 7 ■III DIA M l i[� iI i7K■�' Iwrf.I,411U hIN.11111Klifii 1111 Recepttianb: 776208 10/13/2009 tO 44 OR AM Jean Alberico 8 ni i6 Hec Fee $0 00 Doc Fee 0.00 GARFIELD COUNTY CO C. The fire safety and response plan including the annual inspection date(s) of the fire flow pond; D. An assessment to account for water at the end of spring runoff season to confirm the ready -status of the Upper Pond and Fire Flow Pond, to determine whether additional ground water pumping will be needed, and to initiate arrangements to obtain replacement water from the West Divide Water Conservancy District (WDWCD). 15 Prior to the issuance of the Land Use Change Permit, the Applicant shall provide, along with any notification and tests required by Garfield County, verification of permits, licenses, decrees and inspections required for the facilities to serve the High Mesa RV Park, in specific, for the following: A. Two (2) commercial wells B. Wastewater treatment plant C. Water treatment plant D. Operator's license(s) 16. Prior to the issuance of the Land Use Change Permit, all components required for the operation of the RV Park must be completed, including but not limited to: A. Roadways for access, emergency access and maintenance B. Water, irrigation, and fire flow systems C. Restrooms & shower facility D. RV dump station and wastewater system E. Recorded easements F. Facilities to meet ADA requirements G. Operational plans and agreements H. Securities, permits, licenses, notifications, and tests including water decrees for two storage ponds. 17. Conditions of Approval must be satisfied within one (1) year of BOCC approval date, as per 4-103(G)(8) of the Unified Land Use Resolution of 2008, as amended. 18. Amendments may be considered in accordance with the Major Impact review Amendment process of the Unified Land Use Code Resolution of 2008, as amended, under which it will be administered. 8 ■iii P110.11Pi NAIRN 11111 Reeeptionll: 77629e 10/13/2009 10 44 09 RM Jean Alberico 9 of 46 Rec.. Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO Dated this 194117 day of & A.D. 2009. ATTEST: GARFIELD COUNTY BOARD OF COM ONERS, GAR . II:LD COUNTY, COL RAD erk of the Board Upon motion duly made and seconded the foregoing tit R - -u opted by the following vote: John Martin Mike Samson Trrsi Haupt STATE OF COLORADO ) )ss County of Garfield ) , Aye Aye , Aye 1, 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. 2009 County Clerk and ex -officio Clerk of the Board of County Commissioners 9 11116r 611111Iiii1�ifi64�tlf,01114 14111W44101Vaillilui 11111 RecSptionN: 7711228 :1:13:2019 10 44 178 AM Jean Alber Lco I0 of 46 Rim Foe 40 00 Doc r...0 00 GARFIELD COUNTY CO High Me Constructi Located on parcels of land i Range 96 West and Section West, County of GE lAly OUP .4th A Laing Propertift 4,404' sa RV Park 1111f i11141Y111411114.1104.11i IiIERI.C11111411.101it111 Recept Lontl; 776298 10'11,12000 10.44 00 RM Jean Rlberioo It or 46 Ane Fav SO DO Doc Fee 0.00 GARFIELD COUNTY CO on Drawings as Section 24, Township 7 South 19 Township 7 South Range 95 rlielrl, State of Colorado OWNER Bob Graham High Mat Partneri, Ilk: WO Pan amintRoad Reno, NV 90641 ENGINEER Bell Oonaulling, LLC. P.O. Borg BlOe, GOB 1630 970-046-9319 SURVEYOR Michael Lnghorne, P.l. S Buo4elilrSurrey ServioaL 'we. 196 6 0,4 St Rifle, 00 916511 970-645'9779 Index to Sheets Sheet Derr. L Covin 4 Existing Condition 9. Internal Reed Plan i. Acaxe Road Plan 5. Emergency Access Road Plan O Internal Road Profile. 7. Ache Road Profile 0 Aroma Road Sections 9 Emergency Road Profile 10. Water and Sewer Plan 11. Sewer Profile 14 Water Profile. is Grading and Drainage Derail., Road and Drainage 15. Details, Utilities 16. 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Bob Graham BELL CONSULTING, UC High Mesa Partners, LLC P.O. Bog 400 PerunrIntRoad Cebgdg 61650 Va.: P0,625 gill ligz,70,62S.gi Reno, W130521 TY. Existing Conditions High Masa RV Park ri. ...•••••=••••••••41.1.•••1.••••• ill rwiMUIR Ith rnwirommi 11111 Receptiomli: 775298 Itplo21309 10.44 ea an Jean Albariao 13 at 46 Rao Fre • $.0 00 Our roe .0 08 6R4C1.Z.,13 COUNTY CO lIII 1ri«4+t'.61011.{I'1Vi IkI ri I 'GANK II PH Reeccpptlort11: 776298 1011372009 IO:44.D9 AM Jean Rlberico 14 et C$ ieq Fee•$0.00 Doc Fee 0 00 GARFIELD COUNTY CO r J ' ��a[iIi!Ii1LHh1tjf'llilif1s Jtfl i}¢iff 1 .11h f tf'�f/l �t`L} �gar� >.rk*rrct+fc, w.atir�www�—�utnwa v IL • Bob Graham BELL CONSULTING, LLC High Mesa Partners, LLC I. o m. 9 400 Pwnamint Road W!, C1 p.,91650 value 9.9/6., 93fl n :90+615.91.5 Reno. NV 89521 INTERNAL ROAD PLAN 'U.. Ls. w • H:gh Mesa RV Park 1E1 OA i' iINTIK/0%11E4 11111 Re4optioon: 77pgg5 I209 5044 UR RM Jean Alberion IN mi 46 Roc Foe SO 00 Doc Fee:0.00 GARFIELD COUNTY CO /Pi O.? .ert, ,/.0/ or • • • / • ft • 43. 15:er , .• _ Org. . • • . • • ow- pin • - • Ai. • • : i454. • V'Z'"" • • ' ;-• • LL 0.44 WM"' • 45 MMUMTALGRAPIAGSMFMFM o mu ••41.1••• oPpmem pp. ppm -A .rs a NOS.., MIPP.M..ak Camra• I I 1 L3- r 1 ijyi,€111111 ,•ii41.. tj f' g Ili 1111;1 t Piffiffirq -� IF/ j°- Bob Graham ACCESS BELL CONSULTING. LLC High Mesa Partners, LLC P o e.. a 400 PmamIrt Rued ,� ca.maiam ROAD PLAN {”0.• q13 vnvsxszs 15 Reyna, NV 8111521 ROI Mesa RV Parts Ias :.��....�..... �.-.�.ti rttl �♦YINii � Iw �LkL.i'1 II LLI Reception#: 776298 �7aels 46 Rum Fee•SB 00 DocaFee:0e00cGARFIELD COUNT. CO ■III 11% :plum mil 10,11ritilelifilin1L111iii 11111 R��epllantl: 776298 IOIId/2049 10:44 OU AM Jean Alberioo FR of A6 Roc Fee SO 00 Doc Fee -0 00 GARFIELD COUNTY CO =7,-----(7.1 MIA; 4,1# v Qu Bob Graham DELL CONSULTING, LLC j High Mesa Partners, LLC EMERGENCY �° 0....1400PanamlRRmad ROAD PLAN M.. Cdw�do 91690 Ydee. 9]0/0)593:9 Fm"1/.1 93 is i Rcno. NV 60521 INT.. H1oh Mea RV Paris VrwN � T 1..p9 M 4 �pr'"e��� � Qu Bob Graham DELL CONSULTING, LLC j High Mesa Partners, LLC EMERGENCY �° 0....1400PanamlRRmad ROAD PLAN M.. Cdw�do 91690 Ydee. 9]0/0)593:9 Fm"1/.1 93 is i Rcno. NV 60521 INT.. 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RA, Cum.&11 v0a:910/625-9313 Fa 981/535-9313 N. v... w ,r oral.. `11:1Inrl[miullF t is �110lllll`llllllllllll11111111➢ "" 11111111111111 lllllllllllll 1I II1f1116111111JI f1®1I 111111 I [l III1III Illill1 111111111 1>F11111 fill l 1111111#11,1111! 11Illil1 11111110 11 MEMO HAI 1f1111Ill11ft1■11911i119 i.1 11R111 .. fil Illlllii11l11 11011111l IU1111IP 111111111111 lIll ill 11' 11( 111111[ l 1.11 1111J111i1 lillillrllllli 1 1111M311110111 5111,111111111111111,; II i:1=1111111111131g III°nililll 43 Bab Graham High Mesa Partners, LLC EMERGENCY ACCESS 400 Panenn9d Roaa ROAD PROFILE Bene, 74V 435.52.1 Hi(rh Mesa RV Park 03 ,1Nnop ol3[3ad9 oo'O He. ood oo r[ •.P3 *.0E 99 Jo 0Z oa vagio uear w az ^r:oL 6JiZiitlal B6ZyLL :auorldeasb III I 1111111115101 ittilillifilifillificill witting ,Filillf wr,„101 11 .1 lit ! l{gill1 Bob Graham BELL CO\SULnNC, ac High Mesa Partners, LLC 'C ;' 400 PanenInt Road nom, 14: e,c� 97{1/62314:1•-• roia; sne b-s�c,uss3ia Rene, NV 89521 1(4.47.. WATER & SEWER PLAN 1111linit11911,01111A!II411X,I411Iri1 tCZ I'k11INId 11111 RacepEsonil: 770298 I0+13+2O0 tO 44 ON Or Jaan Alb.iov ]0 of 40 P., f a• 00 OO DO F 04\7 GARFTrLD COUNTY CO A -Line Sewer Main Profile A-1 H pv.aiseY• rKV WNW Yda' Y -!V C -line Sewer Main Profile A-5 to C-2 I plXail Oa 1'KO vMka€ r_ar B-line Sewer Main Profile A-: X.1.1.160. T KV Yecy_, 1•-m D -line Sewer Main Profile A-4 to D-1 11.....16.1. 1• KO ■I i NIA l'.L it l Ni II1 E '�I'rF4' 'il+ltil4rll,IN"� � III Racapt agnll; 779294 MIf. 13120[19 I0 44 OB N'1 Sean Ang-pr44 01 61 46 goo Fon is CG Doc vac 0 00 G00P E10 COUNTY CO to A-10 B-9 E -fine Sower Main Profile B-8 to E-1 11.W 1.<Y Veml ate,_ : t•... F -line Sewer Main Profile B-8 to F-1 aww.n+r r ..9N..+. 4�. G -line Sewer Main Profile B-3 to G-2 -- 1. w V.id4414.1'=44 PROFILES ii W W ti I e U Jd Eip rn = 8 44 a I >If 1 ■III h4f 11111 iii UL16M 11111 Rtcep!aort$: 776298 10/1312008 10 00 pg RM Jeer, Olberico 37 of 46 Rec Fee SO 00 Doc Fee•0 00 GRRFTFLO COUNTY CO VgLNRskfEly • 400 .x.00 u ,1i sei r rii ifirr M Your/ J 00 4+00 5100 7 00 0+00 Water 1 Profile ncn:.4w.14 1. ."vs ante V•10 0100 14400 15400 10 00 17 00 10 00 10 1,00 1100 31 00 Water 2 Profile 14.4.4.11P .114. '•. W v.,.11r.a C.10 6400 7000 ■III ritilhl i1iiLl'J11W{IR10wL4 711411Ml*II •I III Reaaptien“: 776299 1S/130200S 10:44 oB PM Jea+ Plberico 00 wr 46 Poc Fee 10 00 Doc Fee:0 00 GPRFIELD COUNTY CO 20100 21+00 0.00 9 22 00 20 00 ♦ 00 Water i Profi a (continued Sewer wrier o009 ng Bee Man Honor... 1,00 wasma 1'•11 25 00 20400 274-00 r } z F 0 a C ■III I a 11 111 Recept ionSl: 776298 10/13/2009 10:44.08 184 Jean Rlberico 34 of 46 Rec Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO moi, I „...------) 1 4, F'b.`a+ J ,. h.,„ ..,_-,, i _, 1 f es, 14 h.l j,,- /1111 ,�a r`trjl3y1 1 II k,ti, 1, L. !: '^!>som'morrse:*r.rmem zrn se is" I ti 3; V•� Cftrrara aa. oami•M d •• rwT,ti- .<: ■III 11%11hNYil4V.IKI x 11111 Roceptlarm 776298 10.1?+2001+ 1044 . L9 AM Jean Alberroo 36 ar 46 Rae Fee 16 00 Doc Fee 0.00 GARFIELD COUNTY CO [1.M slam". "J -r ..fnM zl ".+•gra A "........•.._..... 4144 11 JO I i.y i... ':i iG i.e.: �;ri l'y'�ij. .-ti;a�y ii:l:t ��{ �i � .t �'i ::; Access Road Typical Section Alternative A IsItad min Yd. wr� CS s••r•.•sM aw •On.•.aw"mrq. 0.0••..i11.4 •vsa"yw•a iimbui Mario. 1'1 Main Loop Road and Emergency Access Road Typical Section Alternative B „r L ,•.•..n. wry U. ✓,. rtJ bs Main Loop Road and Emergency Access Road Typical Section Alternative A roa •.,.,.. gym � �-X: s i ter• •� • � � �f � italt • �. r F` ti-:•i••:Y1.} :�i�••_yl.�l_N. L :3:.. •t9,1;1.014".•44::4,•')."0 I • Wastewa I PPR I— s" W Wastewater Treatment I Typical S Altemati • Main Loop Road with RV Parking Areas Typical Section Alternative B Main Loop Road with RV Parking Areas Typical Section Altelnillive A riff Aim ■III6W♦1141i14.110&110CIIIILI%W,1ih'fieCii5 illAul11111 ttecep&lan1t 7F .lY8 +or la oag 10,44. CIO PM Jean Plberico 37 of 4G Ree F00.10 00 Doc Fee'0.00 GPRFIELD COUNTY CO 4e...... e— or Treatment Facility Access Road Typical Section Alternative B roman err.. .....-..rte Access Road Yimn •c A mr• NI Pay my anti,yi aft .eM.earwr.r.. .C.:. Access Road Typical Section Alternative B S Protected Swale, Typical Section a '47- CNC MI r....'Nan m aww IU.aWn 4 Eo.WfleM nal Or rod .1.1.w Slope Stabilization - Typical Section NTS r • arr. IMPOMM,P.malo•NI WIM poitneen Pend Wooed 'gr rr. .■ rb. woo rib - —,e Detentim 11111)=Tdpm. NT EL m I 14.444 14 --y• Vs 1+4 .-- KizeATNISM t. _.L Water, Typical Trench Yak nmal Irmo, 09.0 Iwo • emlimn as+ M~ nmemen•• •10.6,10•101 Water, Typical Gate Valve PM _.—._ PP1C•i-111 rt F-.— = 8F 41. Water, Typical Fire Hydrant ,..... onmer Milwn401.Om 1 • .w _r NW rIX ,M RV Sewer Dump Station P fibs �iMl Mlr•rw Or +rr.•Imis �. Water, Typical Air Vacuum Valve NOR¢ONMi IWO1w1NINLl U! Flit bwxwn 61,-6--•, Ole1MCv.aMaYl led 41, r+....•••• -.• RV Sewer Dump Station Blow-up RV Site Sc, Service Drawl...,_ auw4. aaa.ev ia. ..ear. d"' Bob Graham High Mesa Partners, LLC 400 Panae1d Road Rena NV 89521 r">b H•ah Mesa RV Pa Male Details, Utilities, Water and Sewer 111 IT411%11.011111Vimnimpiti.iNIEWN1411111,i 11111 Reception#; 776298 10 13/2003 10:66-08 ON Joan Rlberica 39 of 46 Rec Fee SO 00 Doc Fee,0 00 GORFIELD COUNTY CO r■III iklloPIPMIICIINVO W M14III f I ORa2tiwine: 47:70,190,1,0 . DecJebeOrO oOo RRFIELD COUNTY CO _ 404, a ...A 1. an" rwrl.me .r.µ,eredrer pr.:••ilMlr Iff Ir.~xr Finn MEW tam 10.00.1. radon Straw/Hey Check Dam Do Not Scab .......... — Dumpster Area Da Nol Scab 1 J 411=1.. a.r r, 1.1r. fin Protected Swale, Typical Section is Tempora Check Do 14n1 ham 1 Hh Lenl� na.w.1.-... L••••f ..Mpw1N•abdl�.^w•> Ws/rtl lgMdMp.a 1 ♦�L�-�ItlF N ▪ luYtlb. Ls rsso,S mesa Typical Culvert Outfall with Riprap Section View 11110•111•1•rn led Typical Culvert Outfall with Rlprap Front View 4j1in It 0a Z� g F.` Details, Misc. & Drainage BMP's SIVAiraPIMI§ MO IiiitlellOrKIN Ii III Reeeptiwnli: 776298 10/13/2009 10:44,08 AM Jean Alberico 42 of 46 Rec Fee:3O 00 Doc Fee•0.00 GARFIELD COUNTY CO „ , f111_,\,___.\7—_ __1 � �— f;�l f rj� iia s i.i. : It 611`%1/riiiiiifIIiijiiRhj( iiin f�it� pall i , i; i#;1 Ill i I ; I i( e•1 t _ t I/ :~f til a *� ft l}f J eX 9: f • r Bob Graham BELL CONSULTrNC, LLC FFgh Mesa Partners, LLC AM, CaA..� 11100 400 Pent Raid 1non:f.n1f P.m nano rni Reno, NV89521 LANDSCAPE PLAN no no.w .....•.,.,....... 51."1,46,Z-171 Bich Mese RV Park .l 1` i�l'illI{IELIKLAK IOIVIVI.111"1 II III Rreeptaena: 776298 !Orf9'70D9 0:a4 IS g2 Jean Dfbar�co 33 ar 6 Ree Fee 110 00 Doc Fee 0.00 D05FIELD COUNTY CO • ... OvosvoonoO•dowo wsM •. w.�1.IrrdriwpmS .Ar! 4--n . mom, moo Mop, • PO.. ww"o.• r %A;w�i. op w x on =mammy . ~ -yam MOW } • — Y' vl Wwl ■melab N se mu! elem. '% el. . saA l.V.4Ir ••er n14 SOV .tl iZ7i LEY NI J1Y39 UPI OMB -WM11NON COMM woo MY ..P1oo top /093•19•9911919er....1 awl Y 1 Or :ea r r= 4319M Bob Graham BELL CONLSL7 TING, LLC High Mesa Partners, LLC r0 15993 fah. 3.x.6 ec1s r 400 nc. NV tRood )f�rf Y�mc 9N/6I59313 r•_.9713.16115.9115 Rmo, NV 80521 09.9 19.99. ..r+ Hlg_h Mesa RV Park Storm Water Conceptual Map UIQ lirtillAi lIt k .11%N � Ithr,�N1+"IK��f+�lL 141.1 11111 Reer?ion#:i1�• .000 10 440808Ire. Jean CI cricc 45 ei 313 aa Rae Fce•50 OC Doc Fru :0.00 G80FIELO COUNTY CO ■III 1%111il'Ailin II1411INIA71ill IN4 U II I Rccapt LUSH: 77629B I4r•D42CO2 •0:44 DO 0n J.., Rlberico 46 nl 46 Nn. Foe $0 00 Doc Poo -0 00 GARFIELD COUNTY CO 03145..1.; ■ IM14. ..hr.H.yD�.�, 1c4�i 2�.1. 1. Yn r ..1W1 ..d IM, MOO W."6% Y.e16M Y.le..f�r OM. 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Pr•.,I.A. 411.y.l 0I %4*. *44 MeWOvve4yd W�A.Y..�Ifrlly�.Y•./,I 1W�w.IYr.4n.1.1..r•1 wr 4}.,44e.....•r•If M++rn H�Y4WuRY 1411.11. far DAD..OiUC.cl III y4.440 •„•ONKIN YMM✓er,�1.1 04 1 404101406 w4 �dl ,,4 . CpV/.1f t , = Awlrw onr "rr.r....,• 44.�60 446.Id 4144.4 4 44 44 410 NE146RA .,14 V..* 446.414 r..0' pltt.:13343 I✓t.`IIMS1 M•e / •*4441414...4 rw 40 44 Mrr pr. NAV 64,144VX{Sr 40.414144,4.44 4.4 ,m3 44014111.104 M..a I4• 0414,J41.l4wI.4Pont KO Ieymramid4 d. CI)[ObM1414..., n�}}.w.d 1 I. 1...m 14011•101fir PwA 1 6 C tuttissioncr Haupt - This is saying you will have cveryting in a year. The conditions etlow you to use tempor situ you have it completed. Luis i Ptascoll said this is confusing, we wanted to permit the existing structures so they can be used until a ;t built Intclure. Stoll had indicated a well in place must be viable and tong term and then later when building stick built t •VG it would he applied. It is uitimotcly proposed that OXY bring current stricture imo compliance a d then impk it the permanent structure. Dusty - is mikes it difficult; these typos of applications do not have phasing, Daniel - c are trying to get a permit for the temporary facility; this is self -reporting effort that we di out have a permit to a the facility. Commissioi r Houpt - We cannot permit a permanent structure. Loren Fresco said it was not stipulated to us that we only had one year in which to build the pc anent structure. Deb - Code p vides the same condition of l year; it does include the provision of prior to the adline the applicant can request an v eastern and may request a one-year. The opportunity is there but you have a • year timeframe. We do not approv • these with the intent to build. Chairman Martin as d if we need to discuss this in executive session, Dusty The applicant ever represented they had a limited time for the permanent and di ndicate this was a transition for the tempo ry. She was able to condition this and satisfy the applicant's re test They cannot apply for something other in thtapplication that should he included which is the permanent citify, the water, the ISDS, keeping one trailer at 19 pe ns and the guidance in the application slanted it that w • . The applicant is expressing that they trying to make sure cy can continue to have the temporary and we are a ing them to commit to a timeline they do not have. Daniel - At the request of staff, • applied for both at one time. it is our intent l get the current site in compliance and ready to build a permanent at tura, Commissioner Houpt- Something to compliance must comply with Code. ' he way it has been presented, you want to build a permanent structure •Ile using the temporary facility. Chairman Marlin - This gives you one ear. Deb -Focus on long term not temporary. Chairman Martin -We can either deny or c applicant can withdraw by again we cannot get there. Motion to continue and that would mean em .•ing. The requirements 9f continuing would be unless the continued scope changes, then it would have to he a pub c hearing and start r+vLr Notice was for a professional office not a ten • dry office. Commissioner Samson - Does not agree with th ; he favored tp go ahead and not address the legalities. We should instruct by our staff to do what they arc doing; be id no one t. the audience was protesting They know what they are doing. He would soon get it done. Commissioner Houpt - The problem is the applicant! lies .1 in one direction, the applicant said, no wait we arc asking for a permit for our temporary facility, and we d is know when we are going to build our permanent. Commisisoner Houpt reiterated, what we received is not hat you are requesting. Daniel said he tried to break this out but he did not sect r it staff reports until today. Daniel requested this be continued for a few weeks. D niers tefcrenee is to allow the facility to be into compliance. Dusty stated she was happy to work with appircdnt n address th .e challenges. Commissioner Houpt made a motion to continue us until Oeiobs 19 at I:15 p.m. Commissioner Samson - The Board should do it job and the Still then looks out for us, We could have done with what staff asked and he has no problem. Chairman Martin seconded. Call for discussion, Commissioner Samson - My question is ey have come here and have d• to everything they have been asked to do; They have some concerns; they were tryg to work them out; there is not g • ins to be a big problem and it seems to me we are talking about semantics anegalese which drives me up the wall r oar of the time. I think we need to go forward, get this done, get it out oft • way, and get on. Commissioner Haupt - I think it •old benefit the applicant if we continued th because they just received these conditions of approval aril there , s been confusion about what the focus of the ,plication was all about and they could end up with some cunditi' a that really do not help them at all. It is not far • in the grand scheme of things and I think you have somcthi on tile that everybody understands instead of trying ordemith everything at the last minute. Daniel -- I feel more comfy able having work session with the planner and getting so Chung figured out that everyone on the Board .. d be more comfortable with it, Chairman Martin - I fe - we need to have things that support our findings and I do not Chi we have everything so we do not want a 106lion for ii challenge, Commissioner Sum — My questions, what are we going to do so that this does not happen n the future; we have to trust ourselves a do not take it the wrong way but I feel we just wasted 2 -hours. Chairman Martin I understand but it is also a worthwhile education for this Board under the nc , Land Use Code us well as the c mutiny and learning what our staff is going through trying to interpret every les I of that Land Use Code. Commisiso r Samson - My questions is what arc we going to do to make sure this is not repeated. Cotmriisa net Houpt - Well, perhaps you do not try to put two different issues together to help you it because it may hut you. I do not know but we can learn from these experiences as we move forward and tonne codon belwe ' the applicant and the planner is key. I do not went to put blame on any of the parties. Corr fission Samson agreed, I have not put any blame, I think Dusty did what she thought was in the bust iIt creat an the applicant did what they were asked to do. I • favor - Houpt - aye Samson - aye Martin - aye CONSIDER A REQUEST FOR A LAND USE CHANGE PERMIT THROUGH THE MAJOR IMPACT REVIEW PROCESS FOR A 'CAMPGROUND/RV PARK' ON A 36.637 ACRE PARCEL SOUTH OF BATTLEMENT MESA AND PARACHUTE OFF CR300 iN THE RURAL (R) ZONE DISTRICT. (THIS EXHIBIT y 955 F-- ITEM WAS CONTINUED FROM 8/10/09) APPLICANT JS HIGH MESA PARTNERS, LLC DUSTY DUNBAR Dusty explained it needed adjacent parcels to be - treated as a new, Dusty Dunbar, Dch Quinn, Nathan Bell, Nick Hillborn SGM, Pam Holmes, Eugene Speakman, Mark Williams, Bob Graham and Jcrry Rush were present. Chairman Martin swore in the speakers. Deb Quinn reviewed the noticing requirements and determined they were timely and accurate. She advised the Board there wine entitled to proceed with the hearing. Chairman Martin swore in the speakers. Dusty submitted the following exhibits for the record: Exhibit A - Proof of Mail Receipts, Exhibit B - Proof of Publication; Exhibit C • Garfield County Unified Land Use Resolution of 2U118, as amended; Exhibit D - Garfield County Comprehensive Plan of 2000, as amended; Exhibit E - Town of Parachute Master Plan of 2002; Exhibit F - Application; Exhibit C - Stet Memorandum of 8-10-09; Exhibit II - Exhibits issued from august 10, 2009; Exhibit - Letter, applicant requital for Waiver for right of public bearing within 40 -days; Bob Graham. dated 5-14-09; Exhibit J - Email Garfield County Road and Bridge department - Administrative Foreman, Jake Mall. dated 7-9.09; Exhibit K - Email - Garfield County Vegetation Manager Department - Director, Steve Anthony, dated 7-29-0tt; hxhibil L - Email Garfield County Planning Department - Project Engineer, John Nicwochner, P.C., dated 7-28.09; Exhibit M Email. Garfield County Environmental Health Department, Director Jim Rada, dated 8.2-09; Exhibit N - Pmail Division of Wildlife Division - Game Officer. Dan Skinner for 1. T. Romatrke, Area Wildlife Manager dated 8-3-09; Exhihil 0- District Email, Colorado Division of Water Resources- State Engineer, Craig M. Lis, PR. dated 7-29-09; Exhibit P - Letters, Grand Valley Fire Protection District, Rob Ferguson, Deputy Fire Chief - Operations. Sc: Vanassec to road configuratiori/access, dated 7.29-09; Exhibit Q - Excerpt, Minutes. Planning commission meeting of 5-13-09; Exhibit R - Applicant supplied: Easement map document (llnokeliffSirrvey); Exhibit S - Applicant supplied: letter re: 7.806 00 standards (5GM); Exhibit T - Applicant supplied: Revised Preliminary WWTF Engineering report (SUM); Exhibit U - Applicant supplied: Revised WWII-- CDPII application - SGM; Exhibit W - Applicant supplied: NO1 to Conatnrct Non-jlvisdiciianal Water Impoundment, West and East Ponds, Revised (CO Division of Water Resources Office of the State Engineer) Exhibit X - Applicant supplied: Improvements Agreement Draft (I3. Graham); Exhibit AA - Email - Garfield County Vegetation Manager Department - Director, Steve Anthony. dated 9-15.09; Exhibit 1313 - Email Garfield County Road rind Bridge department - Administretive Furcirxin.Jake Mall, dated 8.31.09; Exhibit CC - Bnwil Cirtrfield County Oil and Gins Liaison. Oil and Oas Administrative Assistant Wendy Swan, dated 9.1.09; Exhibit DD - Email. Garfield County Environmental I lalth llepanment, Director Jim Rada, dated 9-4.09; Exhibit EE - Email. Colorado Department of Public Health and Environment (CDPII) Mink Kadnuck, P.E. dated 9.4-09; Exhibit FF - letter Grand Valley Fire Protection District, Rob Ferguson. Deputy Fire Chief - ()potations. dated 9.13-09; Exhibit GG - Email Garfield County Planning Department - Project Engineer, John Niewuelsrur, P.F., dated 9-15-09; Exhibit 1114 - Email. Bureau of Land Management, Glenwood Springs Field Office - Realty Specialist, Carole Huey. dated 9- 15-09; Exhibit II - Email Colorado Division of Wafer Iteanurens - State Engineer's Office - Mike Render, (Weil 9- 16-09. Exhibit JJ - handout - single sheet - applicant's response to land use change response_ Not submitted as an exhibit part of power pial. • Worksheet Chairman Martin entered Exhibits A - JJ into the record. Dusty explained this is a Land Use Change for a "Curnpground/RV Park" through :i Major Impact Review for High Mesa Partners. I. LC; Daybreak Realty, LLC: James Eugene Speakman, Monique Teresa Speakman on property located off a well pod access road off CR.300. approximately 1 mile south of Battlement Mesa in the Rural; Adjacent; Public Lauds (BLM). The campground would consist of 119 back -in parking spaces for RVs with Cull (wok -ups and utilities with no tent spaces proposed fhe applicant has revised their application based on comments provided by the County Planning Staff Report and the Planning Commission. The applicant has requested that main access roadway that provides access for the public to be surfaced (chip -sealed) prior to the 'aviaries ufthe Land Use Change Permit. tinCana Oil and Gas (USA) has several well pads so the sloth nfthe RV Park and the applicants states until heavy rig equipment is rerns.wcd, these ovuraixed piecssofequipment may damage the road surface that will be installed in serve the RV Park. The applicant request that Garfield County accept a security and iillow the chip seating to take place 18 months from the start of construction. StaffCondilions of approval (I -I0) were those recommended by the Planning Commission and agreed to by the applicant. The conditions of approval 10- 18 are those recommended by staff, based on review of the updated materials supplied by the applicant, with new referral agency comments (Exhibits AA - Exhibit 11). Staff recommendation is for approval with the conditions recommended Unlike subdivisions, this does not have phasing. It is handled in such as way and has adequate security so Garfield Courcy will not be exposed to picking up the tab if the land is disturbed. It behaves like a subdivision, almost permanent occupancy as the Board took away the 18(1 -day requirement in the new Land Use Code. Ongoing water, road maintenance, for RV Park ground and the ,:hart talks about the recommended flow within land use resolution to satisfy and meet the conditions of approval. All 14 condntons however, 1.9 came front the Planning Commission and were unaltered. New condition No. 10 might share the applicant has to address, Conditions I I, 12 and 13 - staff has gone back through the applicant's additional response for conditions in the land use code for approval. No. 10 - Speaks to the maintenance agreement and includes language for that permission. The applicant needs in comply with the access and use of the road_ No. I I - Disturbance of land has been discussed with the applicants and it meet the requirements in such a way they can put the application forward. The Planning Commission was very specific with language to allow the step-by- step approval to take puce. Condition 12 - Exceptions far laundry and shower; conditions fur an RV park require public showers and resuunuis so these have to be a part of approval of the park and they need to satisfy these before the land use park can be issued the permit. Dusty - No. 10 is the maintenance and how the park will be maintained prior to disturbance to the ground. Limitations for access road limitations include the following and arc listed on the access penult. Wastewater. ponds, dirnip station etc. and the road use matches what they will be removing. All statements In the opportunity on the limitation for access for the use and the level described in the npplicuriau requirement as per Garfield County Road and Bridge. No, I I - Provide verification to serve the park with two wells. Confusion as to when the wells will have 456 pcnniltl They havcsiibtniltud all of dw paper week; the walls are drilled and exist. A verification of leen/lite issued to serve the High Mess RV Perk will treed to be submitted. No. 12 - Prior to anydialurhunce of the collector wads mid dcslgu for additional safety Melodies curves, guaidrrrle and culverts. limn 13 - Meet the following requirement for road right.-of-way I and 2 and the rood right of way is 30-feet. Commissioner Haupt was confused; it is a request not a rcquiretncnt_ So she suggested to strike Condition 1213 2 Dusty - Misspoke. Now Dusty gave the siaff report. PLANNING COMMISSION RECOMMENDATION The planning Commission heart ibis miter on 5.13.09 and forwarded it to the BOCC with a recommendation for approval with 14 conditions recommended by Star ihat arc also stated in an excerpt of the meeting minutes (Exhibit Q): I. All representations of the Applicant, either within the application or slated it the hearing before the Board of County Commisioner (13t7CC), shall be considered conditions of approval unless explicitly altered by the BOteC. 2. The operation of the facility +shall be performed to ticcmdancu with all applicuble Federal, State. and local regulatlotts governing rile operation of this type of facility. I. Volume of sound generated shall comply with the slwtldnrde set forth in the Colorado Revised Statues for residential ulnntlards esamesed ai a location of 350' from the park or at a point 25' beyond the parcel (RV Park parcel) boundary. whichever is lesser. 4. The I hgh Mesa RV Park shall be opermted to comply with all Federal. State and County au quelrty laws regulations and standards for emissions, heat, glare, radiation, fumes. smoke or other emanation which suhstattially interfere with the existing use of adjoining property or which constitutes x public uuitauce or hazard. 5. The Applicant shell comply with the fire protection provisions inehakd in the comments a the Grand Valley Fire Pruteetros District (GVFPO); develop a fire protection pond at their coneenterlee. 6. Any signs associated with the use shall be designated lu comply with theCarfield County Sign Code. 1 No storage of heavy equipment is proposed or permitted on this Site, with the exception of a machine or vehicle fit sietwplowing. which shall be parked rn the anlrage area at inside a stoic lure. S. Any ligfuitig ofthe site shall dm pointed downward and inward lo the property center and shaded to prevent direct reflection on adjacent property. 9. All equipment, structures and light fixtures on the site shall he painted with a netts{ shade often nr sage green non-rcllective paint to reduce glare and make the site more mconspieaoua. Structures designed to mimic barns. agricultural strttrlure or folates-front western stnrefmnts may he either neutral galore nr faded bum red, hurt the surfave mutt be a murrulleetrvc surface to reduce glare. 10. Psir're-teethe site-ciistuelterwe-ur•rewatt'u6Fie+t-oftbis prwj 4 wine--shout-1 .thaw A, All-traceseeftesrikiinlrgepaenttene-pe its; tnoturltrrgtretliog-peruuts; H. pctrnit1-froom-GnrC Rood.eriel43ru1ge.f nw+rrem-for-all-ov. ieedioverweight-trahiekw•k►esa-rased-eneroe C. Aiiiirooaimwy arieffre efrintel- flan femitrsdwith-GurGH4iHldkH]d-firidge Dlteirw ienere D. Ad- seri`lit etietole)ectuil tekotilats t► rssirywt«t; rr-vegenttietts•rtttd`ree?atttnlion; E. AR-requireitierHrk+F•ertginatnr ng-div; gee wort reitieed-piane-set-ksoh-brtlte-Cranfield Cowrie-Pr eel Fur continuity, all of the eolidnious of former No. l0 hove been incorporated elsewhere. Preceding eundinans of improved (1.10) were those recommended by Maiming Commission and agreed to by the applicant. The following conditions of approval (I0 - IR) are those recommended by staff, based on review of the updated materials supplied by the tpplieeet, with new referral meency comments (Exhibits AA - II). 1. As above 2. As above 3. As above 4. As above 5. As above 6. As above 7. As above 8. As above 9. As above 10. Prior to the acceptance of the Maintenance Agreement, the applicant shall; A . Revise all sections to comply wilh the limitations for access for the use and level described in the application, that bciog: one (1) 119-unit RV Park with relined mfrescrecture: WWTF, W'rF.4 ponds, I shower/laundry facility, dump station, storage building mid cumpgruundkrlfcr building with casements on three parcels; B . Revise all statements to comply with the limitations for access for the Liss and level described in the application regtuccntente. as per Garfield County Road and Bridge; t. Prior to any disturbance of land, the applicant shall provide to Garfield County Planning: A. Verification of permits Issued to serve thtelligh Mesa RV Pork for the two (2) commercial wells, ii. Any notification and tests required by Garfield County for the wells. 12. Prior to tiny disturbenee u1' land, the applicant shall: A.Oestgn the roadways to Inert the following standards: I. Minor (collector road standards. with art allowable exception of 4-foot shoulder widths, and 10% grade provided safety features are installed on curves, 2. Design additional safety and drainage enhancements as per Garfield County Project engineer on curves. (guardrail. culverts) B. Meet the following requirements for road right-of-way and signage: I. Provide adequate ROW recorded for the public (rather than private) without charge to Garfield County, that being: 457 60 -feet from the main uceess toad, b. 20•feet ler the emergency road 2. Additional acreage neecswury oil the piujuvt pureele' liuuudury along CR 300 is requested to bring the ROW to a full 30 feet from centerline for Uwe road improvements. C. /lave in place a plan for chip -sealing cif the natio access road; I. Ifadequately secured, the applicant may delay chip -sealing the main access roadway to a date no inure than I0-mnntlis from the 0OCC date of approval (9-21.09). or 30 -days after EnCana's energy development requiring oversized equipment ends, whichever cornea first, 2. Prior to chip -sealing, the access roadway shall be built to the standard required by the Garfield County Project Engineer's specifications. 3. During all phases. construction, pre -chip -sealing and afterward) the road shall be maintained to meet Garfield County and State air quality standards with is dust mitigation plan, as stated by Garfield County Environmental Health Manager. D. Have in plaice all required plans, agreements, and securities including, but not limited to: 1. Reclamation 2. Dust mitigation (to meet Colorado Air Pollution Control Cornmisioner Regulation 1), 3. Improvements Agreement, 4. Maintenance Agreement, 5. Securities for re -vegetation ($20,549), restoration ($249,036), access road security ($108,906) & chip -seal security ($55,304). E, Have all required plans and permits required by Garfield County and the State of Colorado, including, but not limited to: I. Road and Bridge for oversized/overweight vehicles and traffic control, 2. Environmental Health for dust mitigation (Control Measures as per ADCC Regulation I, 111.D.b.(iv)) ineutpomted into the plan and an Air Pollution construetiun permit (State). 3. Planning Depanment Project Engineer's requirement for cordoning tiff areas to minimize land disturbance, 4. State Depattrnenl of Public Metal & Environmental (CDPi•IL) required Storm Water Management Plan (SWMP). 5. Record updated easements for the north and south storm water retention ponds, fire flow pond, High Mesa storm water retention pond on the RV Park parcel, if applicable, and revise the Site Plan to depict all necessary easements. F- Prior to any disturbance of land, the applicant shall provide it GPS shape file to the satisfaction of the Realty Specialist of the Glenwood Springs Field Office of the Bureau of Lund Management to determine the land status of (lie ingress 8' egress to the project 13. Prior to any disturbance of land, the applicant shall provide to the sstisfnetirn of the. Garfield ('minty Planning flcpantnent Project Engineer. A. Proper recorded easements, for the Upper Pond, design of the ditch or pipe conveyattce to the fire flow pond, and any maintenance mad that may be required to the sensfacuon of the Garfield County Planning Department Project Engineer. and amend the Sue Plan accordingly 13. System details (design specifications, eascmcau and mninteusame rood requirerertte) if there is to be an augmcnn uttnn system from the potable water storage tanks. C A statement from SGM revisingttie valuate of water to lie processed iluouglt ihr systcrn to ensure the waster to he processed through the system is adequately sized, if water for augmentation of the fire flow pond is to be processed through the water treatment facility. 14. Prior to issuance of the Land Use: Change Permit, the applicant shall provide a letter from the Grand Valley Fire Protection District acknowledging acceptance of the design and proper installation of A. The fire flow pond including its water delivery system(s), easements, and maintenance roads from all impoundments and wells required for its operation, B. The emergency road, its knock off gate, and its surface, C. The fire safety and response plan including the annual inspection dote(s) ante fire flow pond, ft. An assessment to account for water at the end of spring runoff season to confirm the ready -status of the Upper Pond and Fire Flow Pond, to determine whether additional ground water pumping will he needed, and to initiate arrangements to obtain replacement water from the West Divide Water Conservancy District (WDWCD). 15. Prior to the issuance of the Land Use Change Permit, the applicant shall provide, along with any notification end tests required by Ciurfneld County, verification of permits, licenses, decrees and inspections required for the facilities to serve the High Mesa RV Park, in specific, for the following: A. Two (2) commercial wells, B. Wastewater treatment plan, C. Water treatment plant, D. Operator's license 16, Prior to the issuance of the Land Use Change Permit, all components required for the operation of the RV Park must be completed, including but not limited to: • Roadways for access, emergency access and maintenance • Water/irrigation/lire flow systems, • Laundry/shower facilities • RV dump station and wastewater system • Recorded easements • Facilities to meet ADA requirements • Operational plans and agreements • Securities, permits, licenses, notifications, and tests. 17. Conditions of approval must be satisfied within one (1) year of 13OCC approval date, as per 4-103(g)(8) of the Vilified land Use Res4]1Ui4iygf20 . as amended. 958 I8. Arncnduteuls may be eonsideicd its accordance with the Major Impact Review Amendment pnrcess of the Unifsed Land Use Resolution of 2OO$. as amended. under which it will be administered. Dusty outlet! the Applicant has stdisfted 1 9 requiramerna; They would like not to add the laundry and reatroenis at this time, however, it is required to have restroome and those are not optional. Jim Rads - If there will he fend sales as part of the entrance. they would have to satisfy the health guidelines. He understands they arc not proposing it as campground store and it would only be for basic operational use only. rnnamissioncr lluupl — Will the storage area at the entrance .... Dusty - Vehicle storage and staff would recommend if there is any food, they could amend the land use change permit Other components: There are two eanursercial wells; the applicant is applying for comntercini wells at Division of Water Resources and from the West Divide Conservancy they have 2 -acre feet to be allotted. They will have an augmentation plan for the particular use of the water for the 36 -acre site, It is linked with an easement and scaled with the maximum use that would be at peak demand; the highest occupancy would be in the summer and they will need to have showers and water facilities. Features related wastewater plan, the treatment facility plan has two containers of 20,000 galtons each and ii takes about t2 -hours to fill. It would run through a water treatment to feed into the sites and shower. The itsigatian is accomplished through ponds. The pond in question is the fire Row pond located to the smith: it is it lined reservoir. It is on the Daybreak Realty parcel. 98,OOO.0l0rts speak to the fire flow tequiremertte. The applicant's intension is to use the well water 50,000 gallons. The applicant will fill the upper pond to adequately maintain a reserve. 'there needs to be storm water management plan as part of this that has to do with features subject to design in the works anti they have no: yet completed safety on the access road off CR 300. This was urigivally as a well pad road but has been bolstered In be more. Road not permitted with this RV Park sa mind. It is for access. They will chip seal the roadway; EnCena is still working with heavy equipment and one of the reasons the applicant wants to put chip seal lemur after the pcmtit has been issued is to make sore it does not receive damage. Applicant: Jerry Rush - No power point and stated that Dusty covered the application. We feel this is a good project and here addressed every issue regarding the roads. the waste treatment facility, the water treatment facility, the ponds. the irrigation and we arc pretty much are presenting is self -continued as you will, RV Park. We think there is a need for this kind of a park in the County. Other adjoining counties that will ger benefit from this. it is an 111c 1.70 corridur, and it is a great location. We have taken a lot of time on the layout and local ion and the amenities that go with this pruject arid we think it has n lot rooffer in both the public and the Courtly We hope that it will receives fnvorahle vote. We have at this time agreed to ail the condilione of approval as Dusty hos mentioned and she has briefly mentioned a few of them that we would like to discuss with the Hoard. Nathan in keeping of the layout of park and presentation of the venous items as we knee gone through lhac process and Dusty laid tau far mad pia -poses, the EnCana rand has been redesigned to comply with the completely the requirements and dissuasions with lnhn Niewnehuor the item related in that road, the County road standards that are required for a minor collector, when the road grades to a% we're requesting a varlet= an this road up to 10% thronghi portions of it. It comes tip through a strep, thrnubrli a idly to gel to the. Hume over here and like our discussions in planning and John Niewaehner review; 1 think that lie has recommended that is an acceplahle vanance for the road grade. Then the safely items, culverts, things like that, I believe in my e,etintation and reading of luhn'a repast is that we have an acceptable doign for that read. Leaving the RV Park, which Dusty is showing up as the purple line, we have our emergency acres road, which ties hack mnunul to CR 300. net was put in place and designed based un the requirements, International Fire Code given to us by the Grand Valley Fire Prasectiun District of 20 -feet wide, all weather surface. 10% grade, 50.foat radius curves, the standard (FC Cede. Therefore, the emergency access road has been designed. Chairman Martin - With break through gates, we. so it is net open generally for the public. Nathan - Yes, in accordnnce with that Then of corse, that road will serve as our maintenance road down to the uattcwater facility as well as that is where the water treatment is going to be tacated. C'Itatmsur Martin - Do you have a lower to operate for that particular Function? ferry Rush II is a condition of approval in the staff report It will have a licensed operator for both wastewater and water system. Chair Martin - Do you have him on staff now? Nathan- Bob Pennington. SGM. Cliaimtan Martin - Il would he a requirement; it is a state requirement as well, Nathan - As far as within the aim all the pads; we have 5 sites and the note on the plans state that 96 - 106 this side of the road are ADA accessible RV sites so it is not 10 sites, a is 5 sites on that side and they arc directly linked to tate restroom facilities through hard surfaces. I wanted to clear this up so when it was built the County would not be looking for 10 when it is only to be 5. Dump stilton, water station all meets the requirements for safety for lids, wales tight, separated. water service facilities from die actual dump station. The storage building was intended to be Just a small storage building out there as a way fur people to put things that were staying onsite that did net need to he right in their campsite. Chairman Martin - The utilities are underground? Nathan - The plan includes a standard detail for each RV site, which luckily my parents happen to spend about 6 - months out of the lust year in an RV park so we had some good refcreneec on whit works and does not work, Chairman Martin -'the hard surface for the vehicle itself and entrance way or it is graveled. Nathan - Graveled. Chairman Martin - How about any green spaces around each one. Jerry- There is green space on the back and in-between each site. The sites themselves will be tiered down, we can have a variation of several sites from several level sites, they are to 25 to 30 feet wide to sizes that tier down the tntnnitain, and those will have slopes in-between them, Three to one and four to one slopes in-between those sites. We have a 25 -foot pad with a 5 -foot buffer between each one. Oversise's for 51.5 rigs earning in. A standard site is 20 x 45fcet and our typical site is 25 x 50 with sn overlay of 5 -fed so we have a standard 30 x Si site versus a 25/45. Commissioner lloupt asked the applicata in address the laundry and restroom facilities as it seems in most residential applicants and 1 know this is different, are you going to have the entire infrastructure in place before people start staying at this Facility, infrastructure including resirnorns and showers. 959 Jetty - We bud out irwladed doing airy of the building at this point, if the laundry and shower fiseiiily a required, wit will do il- We want to specify and make sure that it is the public restroums Oast is the requirement so the building is cinsttuute d and the puliliu limonite it provided then we have met that requirement, The laundry facility and laundry machines are in the planning. Commissioner Houpt- Unless at the end of the day that is part of the requirements. If we do not make that part of the requ.rcuirot. Jerry - Tire regulations State that a public restroom is required but I do not believe the state has a laundry room required. We will bring in laundry later. Chairman Martin - No, it is a public restroom. Nathan - If that is a public restroom building then 1 think that is what we will want to have to bring in the laundry facilities. We are nal going to build two pads; the building will be there but, .. Chairman Martin - At the entrance station are you going to go ahead and have an employee there or someone in charge of the site itself. Nathan - It will be temporary station there until main facility is built but there will be someone there on site 8 -hours or 10 hours per day. Chairman Martin - That would be a requirement. Pani- I believe in the operating manual it in stated it will be open from 8 am to 8 pm. Chairman Martin The oifice, but the site will be 24 -hours. Nathan - The chip seal requirement to complete the road aspect of ii, chip seal for the access road is being requested that this is allowed for one year to 18 -months so That EnCana is not run large equipment over it and breaking it up, so that was one variance request on requirements as well. On the other items that we have in here well all. Chairman Martin - Will allow the audience and you have the right to respond. Audience Jay Haygood. a residence ofTamarisk Meadows Subdivision in Battlement Mesa. address 112 Mineral Springs Circle arid my homes backs onto Store Quarry Road, directly opposite the proposed site 1 have concerns about many things to this project. However, l du not object in principle to the eatabiislmient of such a Facility. There arc issues thus worry me. Regarding the impactt during construction and operation on existing homes in the ate[, 11 Coatitniction- how long it will he' maim and dust' during heavy truck traffic as a health and welfare issue; 2) Concerned with odors from the wastewater treatment facility !Dented on the properly: 3) Health arid welfare issues regard diesel fumes, issue of waffle and lire safety issues during the construction phase; 4) Operations noise with RV generaiors, it pump for the well facility - these are just example-; 5) Dust from traffic. truffle safety at the entry way to Some Quarry CR 300: 6) Odors from sewage plant; 7) Any diesel exhaust from any operations or visitors to lite site; 8) Welfare issue emit:creed about light, lighting of the site, I trust and hope that rS will only be dowmvard pointing but inward pointing because the cite is above the level of my home and our whole subdivision and we will be incur exposed to their light than if we were at the same level; 8) Concerned from a healthy, safety and welfare point of view about fire there hat heats a fire in that arca 20 years ago and lire hillside is steep and much vegetation septicidal to fire in dry times and oilier times as well; 9) A welfare issue is visual pollution and I would appreciate if the facilities are painting and camouflage to look rather like nature, brown and green; 10) There will be trcmcndous impact front the visitors vehicles and there is not conIrel of that; I I) Concern resin a welfare standpoint o1'view on domestic animals particular dogs because there is an established wildlife on that hillside, 1 have lived there for lll- years and have observed a herd of deer all these years in that immedistc area. Also, they move from high mesa down to the gulch to drink ogle through several of dime revenues; 12) Concerned about electric power whether there will be a sight generator or commercial power obviously hoose is produced by is generator. I am concerned under any c teurnstnuers water being hauled to site either to fill ponds or for any other reason, either as a puck -up ser a supplement to the existing plans; 13) Will there be a backup water system, a backup power system, a backup sewage system rind 14) At what point will tweupaney begin - how much construction must be completed, how trsany permits most be achieved before occupancy can begin. I will mentioned that this Site, this property in general in the past has been used tar high power rifle target precitee. it has also been used for ATV; rcerealion and there is an estahliehed loop not far at all from This site on this property where ATV's have heea ridden cxtcnalvely in the past. Rousld Jensen - 64 Mineral Spring Circle - gave a !indent of his remarks. I also Ilvr ith the same suhdivision and back up to this site. Ile presented a handout of what he rs going to say. Several things of enneein and sum - highlights and he proceeded [o summarise a copy of the Inter he received. I) This is a copy of the leiter lir received, 3 pages of legalese survey type description of property that I know front experience, 911% of the public does not knew beans what that means. Had they seen a picture or a map of the location of this, this room would be filled. Fortunately, with my 30 years with the federal government 1 know about these things. But neither did I have a reference map sot did go to the planning office and did look over the report and the maps provided by the applicant and also like to say with regard to that lamer, several of my neighbors who ere severely impacted did not receive that ;cher. One in particular by the name of Woody Hanneycr, his front door. his living room window and the garage they sit in every evening to enjoy the cool breezes looks straight at the site. 2) Although the applicant was not supposed to do airy vonstniclion work prior to the permit process they did bulldoze a road that road in purple that goes from the Site down to the lutallen of the proposed water !moment facility, wasteivaim treatment facility, was done before petmits were approved. You can ere front that map on the wall that it a very steep hillside. All of the Facilities with the exception ot'the wastewater treatment plant are from 100 to 300 feet in elevation above the sobdivisions.'i'amarisk Mcadowa and Tamarisk Village and it is not just those that are within 150 feet, we have at least 300 homes that this site will be visible to_ I know that the lighting as approved by the county planning office says that it will be downward facing lighting but because of that elevation difference, it will still be visible. The landtcnpe plan for that entire 36 acres Ames only 16 trees. 'flet is barely enough to cover half-dnren of the lights. As a minimal recommendation, I would think the C.ounry should require the applicant to put trees all along the lower edges of those three ucrs so that it blocks the view of that facility. 3) The proposal for the wastewater treatment walk my dog everyday up SWIM Quarry Road and if I were to stand tit the guardrail along Stout Quarry Road. just opposite Rainbow Tniil. I could throw a sock and hit the wastewater treatment plant. It is right there_ There is draw that gees along right neat to Stone Quarry Road at Met iucalion hut the plant is right there. In addition, we have great contents about odor from that pleat and prevailing winds conte through the south and the southwest they will go river site and uuo subdivisions, 4) Location of the wastewater treatment plant at that location i believe will severely impact aur property values which in sum would certainly influence the taxes collected by the County. 5)1 460 also know the reason for 13m -dement Mesa rejecting the applicant's request to tic into the Consolidated Metropolitan District Wastewater Facility, which runs right down was previous agreement made between Battlement Mesa and t'unudidntcd Metropolitan District to prohibit them from providing services outside the i'UD until the PUD is fully developed, which is unlikely to occur for nutty years. 5)1 would suggest the applicant pursue a more vigorous response to the legality of that agreement nod the opportunity to tie into existing treatment fhcilitiee that are right thcree” ['crimps it is not an Item for decision except far the applicant and that is the demographics they used to poetfy this facility were done in W07 at the peak of the gas drilling boom, which is gone now. 50% of the rental propen its within Battlement Mesa are amply, these Is a significant reduction in the economies here, and I wander obuul the justification for the Wilily at all. there is already un RV Park there arc the south end of Ilatltement Mesa, which has many empty spaces. Chris Cole- Holcomb and Green and counsel to Battlement Mesa Partners We would reiterate the concerns expressed by the last Iwo individuals on thin particular project and also wanted to speak briefly to the Board's matter of record and that is the way the regulations ere configured there was no traffic impact study that was needed to be performed on this prrticular project. At filn build•nut, it showed 7500 trips a day in and out of that particular facility that is proposed here Ralllatttent Mesa partners as you are aware. was instrumental in raining the Interchange Improvement Project ai 1.70 in Parachute to be meted essentially. We provided seed money for all the traffic engineering and by the time it was done. a signtfcont amount of money that they put in, north 0f53t00,000, l'titnarily what I have been asked to do is tube here arid to say when the time comes there will be more development in the subdivision process that thin lie remembered and considered. The other issue is the postponement of the chip scaled We appreciate the feet that having that road chip scaled right now might create a situation where that would he damaged and have to he repaired bur in the alierrturivc 1st the Went that mad base or some tither form of din, Mow irtarerial or whatever is used for the road in and out of that KV park, we are going to probably be impacted at Battlement Mesa by the din that is going to be drug back and forth. So, from our standpoint we would like to put the County on notice that we would very much appreciate die County's attendance to keeping those road cleaned up and for the folks who live there already. Applicant response. Nathan - First of all Mr. itaygood and Mr. Jensen's initial objections arc primarily addressed through the requtrcmears in the list of conditions of improve!. During tan%lreetiun we are required W mhligate by County and by slate requirements, all duet foreign mrbome particles we are requnnad to mitigate and one that vine net mentioned was melon impact, the stormweler ttiarragunient plan, airplieallon for the State of Colorado to address any of diose surface erosions, Etre with the Grand Valley Fire Protection District review. approval trod recrnmmendetio is on this during the coissrruction phatc; during the operattunel please, once ttgaitl, we have item 3 of the condition of uppmvals addressing noise, item 4 addressed alt sit quality standards - county, state regulations we are to comply with; hum 8 deals with light sighting being required to point downward and inward to the property and I guess we will note the light sighting we me proposing is we have gone away from this light up the whole hillside type ideology that you saw for a while, is very minimal to needed area - the dump station, the peblic.restrooms, It is minimal. Our power eoincS from on•sitc power From Holy Cross Weenie and there are no generators. No water is proposed being hauled to the site at all. domestic animate are regulated through the Code on lease and not nllnwcd to roam free - chose types of things. Addressing the notification, requirements on certification are taste law given that we have to notify in this manner and that is what we do. As far as Mr. Harmeyer not being notified, he said his garage and those types of -things- look at Ihis site. If you go across the road and then across the neral lots anti then to the street on the lots that may thee this. my guess is we arc outside the 700 -toot realm. Visually trying to know everyone who may be impacted on this. As far as the property having work dome on it, she road coming down the Still, a toad was constructed down that hill by the property coveter prior to all of' this happening that is not actually the road that we are using for this at all, I guess that would be a farm road, Aa far as the sewer plant and its issues. that sewer plant is 'nettled in bottom of the valley. They said they we are 300 feet above then, shirt is 700 feet below the tile, f am going to guess 1511 feet below Stone Quarry Road at this point, and visually they will not even be able to see this plant unless they are walking along the mad on die south side of the road. I believe it is 700 feel from the road so it is not raised up anything like that - it will be completed contained within a building and meet all requirements. Aue far its Chris r'ole's comments, a traffic impact study was performed for thin and how we came up with our minor collector road designation on the cntrunce. We have our permits in place from Road and Bridge for access with our site distance requirements, all of those have been complied with. As tar as the dirt back and forth, it will be maintained as a graveled road and there is n maintenance agreement that will be on that road and then bringing it up once ro any requecmcnrs before we put the chip seal down on Il. I believe through the conditions of appmvnl and to the Code requirements, we are essentially addressing all concerns that may occur other duan the - yes, there will he ssxnelhing across the ltlllsitla front these houses now. Just as thaw houses are acmes the hillside from this property. Commissioner Houpt - Have you looked at landscaping and buffering. Nalliun - We actually, in the landscaping plan. aim of the notes thst there were only 3 6 trees in there, if you look at the landscaping plan there is actually Pinon Juniper stands throughout and there are areas of non -disturbance betwetstt any of the wide strips between nay of these RV blear and the slopes associated with them, our areas ofnon- disturhance they are to remain with all vegetations including these Pinon Juniper so we did not do a epcciiie tree count on what is in those strips but there are a significant amount of trees that will remain in those areas 30 - 40 foot buffer strips. Commissioner 1loupt- Requested the photo ofOte hillside - did you walk over to. This is transit active usc, not a regular residential area so give me some perspective as to the Stone Quarry Road. Pam - The yellow circle us our site. Dusty stated the photo Commissioner I loupe requested to be shown nn the screen was taken Ott Slone Quarry Road. Nathan - The limit - this is an existing ranch road across the bottom that is going to be upgraded to the emergency access road. The site primarily within the circle and slays all above the drop off lip which would be the bottom edge adult - and if you go to very far left of the picture, just above that tree, thin hole down in the bottom and off to the left a little bit is the proponed sewer plant location The kwme itch are behind, Dusty - Actually o this other gide the guardrail it drops very significantly, On the south side of the road. Nathan - Directly behind you would be Stone Quarry Road, the landscape buffer, and the Race, the cedar picket fencing and then the housing begins. Approximately 100 foot right of way in there to the fence. 4Fl Dusty - Another photo is looking back towards Stone [Natty Ruud. The puwet hire shown is I iglu down drruugh the center of the 36 acres, A continuation of photos and explanations were given per Dusty's power point. Patti- Clarified that residents were notified within 200 feet of the Speakman and High Mesu pu,cul mid the Daybreak parcel. The Daybreak and Speakman parcels are between County Road 300 and the high Mesa RV Perk parcel. Pam acnualty notified people 250 feet of the pmpcny boundary. Any parcel dial couched within 250 feet around the entire meets owned by all three of those people were notified. Jerry --Mentioned regarding the buildings. when we designed these buildings we are going to make them so that they arc very earth tone and environmental friendly an they are nal going to be slicking out and looking ugly like it was auggesir+l and the time frame, we expert construction to be 9 - 10 months by the time we sten. Canrmisioner lioupi asked what will be in place or what would anticipate being in place when you open ii up for folks In park as far as everything. Nathan - We hope to open with just a temporary building for reception. cheek in and declaim that sun of thing and then the laundry or bathroom facility if you require us to do that, that is renlly all the building we will have at the time. Roadways will be I place and eve/sing infrastructure wise will he in place. Jerry - The staff requirements are everything will be constructed in place, wastewater treatment facility, water treatment, the wells are already there and have been tested and water tanks will be in Maw. fire pond will be in plaee and constructed so all landscaping, lights, storm water mitigation and all other issues would be required before opening, Deb - Wanted to explain shout the Improvement% Agreement and how we are contemplating to address construction of impruveincttls for this park. As Dusty indicated. this is nut a subdivision so it as not the typical you secure everything up front before you sten because we vire not selling lots and we have had quite a number of different discussions shout how to properly require security for the development of nits RV Park, Where all staff agrees and the applicant as well is that everything that our Code requires as standards for RV parks has to be in place before the park.is open- What we arc doing from the improvement agreement in that is I had discussions with the Attorney. Mr. Williams ahodt the improvement Agreement and they did submit a daft that will require sonic work and waiting to sec what the actual conditions are hem we finalize it. but what we intend to do is not require any seeitly..fos everyting that is required by ow Code for this park to operate. That would be the shower facihitTcs, all of the other nifras[rvcture. sewage treatment. westewsrer pfatil, enc. If the !Nerd does permit the chip seal to wear later, we would require security for that in terms of a letter of credit or other security acceptable to the Bound because there arc so many conditions that have not yet been satisfied we have retittgted that there be security for actual restoration _in the event that gr vhatcvecrwrsnn-tiro-pada,pyver gets built but titer start it and die prints never issues then at the e r a terrain ti a ar a we want to them to restore the property to its cunni. condition. Therefore, we are requiring some security $tttlheiiia ja'. a • r. .: .. i in c u will not email issue until that occurs and 1 am dmRing this agreement so that our rsi art en ineer hoc Mr a3,ili1 tit review the arias co r r rTt[f{1-rastrueturc to me a sure it romp SCS wit t e re'resentaltans t - . c(f,T der at ave an eagmEer s certificate saying dist 11 w:. Lns e et rn acro stirs' with t se p ens similar to a subdiy ¢asiwaii but not onto- Teenrn EE` . J n tttalll! +s u xei fur biotin dine- nn cr kssuc, as you know HB 1141 that is nut realifleriv Land Use Code requires the Hoard to determine there is adequate water supply for all new development and in this case the last I heard the commercial well permits had not actually been submitted to the state engineer office. The state engineering did after insistence from Ms. Dunbar provided comments to us about this application and there is no guarantee on his part that hose permits will issue. That is one of the reasons i think that we have required those permits be in place before they start any land disturbance. There is also a requirement i believe in the conditions that the upper pond than has been mentioned that wilt supply settle of the fire flow water has to be included in the site plan and we want a site plan that show all easements and they have done a really good lob of showing all of the easements except for that one. Therefore, we will nerd to sae that one. Commissioner lloupt - Hitlurieetly an adequate water supply has been a critical need to obtain an approval. Chairman Mania - It would be required that we have water as well. If they do not produce that permit or could not product it through their testing. it would not be valid. Dusty - They cannot get staved without it. Many of the things that if you take a took at the cup sheet, prior to the disturbance of ground or the securities, the management and improvement agreement the water decrees and the permits the things that counsel has been very specific about saying what absolutely had to happen prior to disturbance of land so we slid not get ahead agitating pemitssturr outside ofsectanng those. Commisisoner I loupe - What is confusing to me is that typically these applications come to us with those things in place. Dusty - In the application that was submitted, there was a well permit submitted. it was the wrong kind of well permit and then the next stack that came forward is that they drilled the wells and then they went forth and had an adequate test, that tested adequate and evidentially the resubmittal to submit for the right kind of well to change it from an observation well to a commercial well for those two wells that arc drilled, viable, tested and pump tested has not occurred, C'hairtnon Martin - And the apptlicsnt hes an answer to that so let's allow him to do so. Pant- I sent this by overnight flus ntorrsing their guarantee to the County by the Division of Water Resource by noon tomorrow. Jerry - I can speak to the adequacy of the water supply plan if you would like, as Ms. Dunbar mentioned the wells were drilled, tested as per the requirements, 24-hour test, water supply was written by our office and is included in thin report. I think what happened here was when original wells were drilled, the well driller put on the application an observation well and that needs to be reclassified as a commercial well. SO there is no issue with the physical wells or the physical water supply or die legal water supply oxide from the fart that the well permit need to he resubmitted to the state us commercial wells an opposed to observation wells sad that process is underway. Nathan - Before we finish that, the augmentation from the West Divide Conservation District also covers the water in those wells. Therefore, everything is done with the wells except the permit from the state that says commercial well on it. Choimian Martin - Your:alaplicnuon verifies the different water rights that you have with the testing done, who did it, cit. and when they were done. The application is here from the State Water Engineer, Fire Department, and Water Resources Pam - I actually sent this by overnight those today 962 Chairman Martin - And the locations of these wells. Jay Hoygeod - I would like to bring tip an issue regarding disturbance attic surface He distributed some photos slowing Chia lit the Huard. 'hese ware taken from my hack patio and you call sec my hour:, this is ed nuiivat view magnification. You sec my fence. you can see Stock Quarry Road through the fence and then you ate the major powur line, the minor power line with the right of way going rip to the right, and you sec the ureal area where I understand this RV Park will be. i would like to point nut that last May the surface was disturbed in this lower point when a lump was made, a Arnett mad and a number of Trees were pushed down by a bulldozer and 1 am wondering what hit County considers disturbance of surface and when that occurs. Eugene Speakman - I'm a landowner plus a full partner in the RV Park but actually that road was cut in to get down to the bosom just So I could dear some sagebrush becanse I board horses on me and on Bob an a couple of years before tires even west of that i went in there and cleared a bunch of sage brush rind That was so I could gel more chem grass. Chairman Martin - Under the agricultural use is what you are saying. Eugene - That is what I was using it for Ag. Chairman Martin - Do you still use it for Ag at all. Eugene - Well, my land the rest of Bob's I do but ... Pam - That was dour in May and we did not add him to the application until last month. Chairman Martin - Under our grading permit. Agricultural rise is usually exempted from permit, is that correct? Dusty - Yes. Depending upon the amount of disturbance. Nathan-Agricultural use is exempt, Jay - I would request the Planning Cum missiern or the County visually survey the site and see who pushed down a small loop of trees in addition to the road mentioned by Mr. Jenson that went down to the test well site or some water site down in the gulch, Nathan - None of which is actually on the RV parcel. Chairman Martin - On the site that you... Nathan - Our RV parcel is this 36-acres, those are on the adjacent parcel. Pam - The Speakman parcel. Nathan - The RV parcel ends at that big power pole in the corner, right in the middle if you can imagine a line paralleling the fence at that big power pole. Directly over the cedar picket fence. This would be the lower or north edge of the RV Park site. Commisiatiner Itempt - We will people be accessing the access road from Stone Quarry? Nathan - The aecesx road is, see the horizontal cut about the middle of the page in the photo, that is the existing EnC'arra existing gas road that we will be improving and it heads niTto the right side of our page - that is where it disappears and then goes down around and approximately from the site entrance to Stone Quarry Road is approximately a mile. Misty Both oldie entrances arc on Stone Quarry road, hlte ernergeney access road hos n knock down gate on it and is only intended to he used for emergency access by the fire department. This is not going to he used by the public: It is iii satisfy a requirement because the main access road that comes in along the bottom pan of this image here from Stone Quarry Road further to the west was longer than our road requirements allowed and in order to satisfy using that its. an access road, they hail to provide a sceondasy access for emergency access and it is gated off arid approved by the by Fre department for the fire department. I just wont io shed light in what is required is to be in the shower/lattndry facility. Showers are requirorl as well as restruorttx but itdocsi not speak that laundry facilities are there. So the building has to he there to provide those particular item, so it may he a label change rather than a significant cluutgc. Commissioner b toupt - We stopped you in the middle of the conditions of approval. Chairman Martin -1 would like to go ahead and close the public hearing so we can discuss those items and do it in deliberation and then actually have a decision. Commissioner Boupt - But we cannot discuss them with staff. Chairman Martin - Yes you can, staff is allowed to go ahead and put their comment in Commissioner Houpt thought Dusty was going to give a presentation on the conditions. This has been a scattered discussion. Chairman Marlin - If we wish to follow the recommendation with staff of the conditions we can go ahead, close the public hearing, discuss those, and then ask that for clarification. Commissioner Samson - If we close the Public Hearing, then we cannot hear from the applicant or the public. I want them to be able to comment. Dusty proceeded to rapidly zip through the conditions as listed in this report. We had gone through I -11 and number 12. the applicant hap agreed to meet the conditions set by staff and we went through the road portion of Condition No. 12 Because this is an unsurfaced road. it needs to meet CDPHE APCC regulation one requirements for dust, Chairman Martin - That was the recommendation, not the requirement. Commisioner Houpt - But if it is a condition it is a requirement. Commissioner Haupt - For this process does it seem normal that so many conditions are still outstanding? Dusty - Part of it is that the permits are not generally an occupied quasi subdivision. While it does seem mune are outstanding, some are outstanding because Il is a nature process. The wastewater treatment plant for instance. normally you do not build one and then go apply tar permit. You apply for a permit to design and see what you need arid then another permit to build it and there another so ti has about four permits associated with it The same thing wilh water in subdivisions. We have not required subdivision applicants to punch the wells and confine the wells prior to their application if they can verily the likelihood of a nearby well anti its production to give us nn indication that it is likely. Before the final plat is recorded. they have to satisfy it and are able to sell lets. There are things that Iluuuglr a normal permit process normally take the basket and take the basket and Nay, these are the things to satisfy the land use rcquircmenis. lint hsxsusc this is behaving like a subdivision and without being a subdivision. in a permit process that docs not readily allow for this kind of for phasing and I hesitate to use that word, it has been pushed with the proper securities and the proper sequence of events can behave to answer those conditions. l f they cannot meet the conditions of approval, they cannot get their laud use permit. 463 Cunwiissiuuer Hrngit - it is an RV Park and we did away with the 180-day rule. Therefore, what clues that dues Is li turns it into a regular subdivision Chainuur Mariie - Not necessarily, Commissioner I loupt -Another subdivision we should look at. Chairman Martin - I site an RV Park opened 365 days a year not 180. Dusty - It has presented some very interesting challenges and that was one of the things that l pestered the stere engineers office about that we did need to have some comment because no it is not a subdivision, it is walking and quacking like aaulsdivision, Commissioner Sentgnn In the old land use code-, RV Parks were only allowed to operate 1P0 days, Commissioner Houpt- Because they are recreational, they are parks. Deb Quinn - They could operate year round but there was it tendency resident requirement of only 180 clays and we found It was impossible to enforce. People would leave for a day, conic back, and start it over again, so we just eliminated it. Commissioner Haupt - Which makes it impossible in another way. Deb - li is very much like a subdivisiun. It could be permanent, residential area for all or thou 119 spaces. Chairman Mullin - A matter of philosophy, a necessity. need end lifestyle and what you ars doing, you arc just putting that label on it and it hes to conform to the subdivision penod. Otherwise, you =nut have it. This is a different lifestyle, liniment use of land, it is not for sale, it is for rens and the spates are for rent for a short period of time ora long period ortime. II is a busineee, not n subdivision. Commissioner Samson - Fur our attorney, there are three reasons why we would not or legally could not or would not improve this, would you explain those to me again. Chairman Martin - Reasons why you could deny the application would be.... Deb - If the application fails to meet any of the standards that are within our Code, you could deny; irk is lneonsistent with the Comprehensive Plan, you could deny. Commissioner Houpt - If it is not consistent with the culture of the neighborhood is the third. If it poses a problem, does not tit into, or has not been adequately mitigated. Commissioner Samson made a motion we close the public hearing. Commissioner Iloupt seconded the motion. In favor. Houpt - aye Samson - aye Martin - aye Deliberation: Commissioner Ssmson - There is a ton of conditions. Commissioner Houpt - The one that I have great concern over is the chip scaling because this going to add not only a great deal of traffic during const action period and whatever erne is beyond that when people are coming to reside in this area, but it adds to the already existing oil and gas traffic anti it is just uphill from an existing neighborhood i am not sure i suppose you cnidd make sure that you mitigate that on a daily basis hut the road posses a real problem with the heavy traffic. Dusty stetted it is not proposed to be a dirt road; it is a graveled surface to inert the dust mitigations for Regulation One. Chairman Martin - Air quality control. Commissioner Samson - As I was taking notes, i think the applicant has answered most of the objections by the three gentlemen that spoke. One thing that all threc meattumted is the dust and that was a hug problem. If they were required to chip and seal the road From the beginning that would sake care of that concern. Commissioner Hotipl - Sonic of the condittaus that were not read laid were raised were 10 doe lighting on the Site was to lie drnvmward end inward to prevent the reflection. The other issue we rived to address to a eutidii sari so approve is how you mitigate that when you are uphill from everyone else. Commissioner Samson - I do nut know how you do that unless you have some very tall trees, Commissioner Houpt - There needs to be some mitigation that would work for that, but it does not do any good to direct it downward right into the neighborhood. Dusty- It is also required to he inward. Commissioner Samson - You will not totally get away from that problem if the people are living down from the development. You will do your best but you remittal avoid that issue unless you have a octal barrier. Chau-mire Martin - It is the sante with Parachute looking tip to Battlement Mesa, you cannot hide all of the light that is on Battlement Mesa. Commissioner Samson - They are doing the best they can with the lighting unless you have a better solution. Dusty - The only thing I could recommend is that you could recommend direction of light to be uphill - you put the light on the other side of the road. Chairman Martin - 119 parcels plus your public facilities even though you may he looking around, you will have to hiss your lights on at your public facilities where you are in and out, ADA and safety reaxoma. t'umruissiuncr Samsun - Using the criteria the way I understand it we cannot deny the application. 1 think they have met the requirements. Commissioner !loops if you determine it is compatible with the neighborhood; ifyou find that it is not compatible with the neighborhood then that is not true. There is an RV Park in the Battlement him PLED, Chairman Marini- In line of sight of this. Commissioner lioupt - So that would be difficult to do. Commissioner Samson- Plus is Ibis riot aeross the street from a trailer park. There is both a trailer park and an RV Park in Battlement Mese so for us to argue that it is not within the scope of the neighborhood - it would he tough tea justify drat. Chairman Martin- So the Chair moves to go ahead and approve the application with the l4 different requirements es mainlined by staff and the changes of the wording that we went through. Cunuuissionet limp( - Are you going to do surrtclhing about the road Commissioner Samson the chip and seal. I think that is a major concern of the people who came here today and I think that would be something we could hopefully address and help them Commissioner Haupt - Condition No. 12 ICI, Commissioner Samson - So we need to strike C1 and say it has to be chip and seal. 964 Conuuisisoner I Inupt I would agree with that bccuuse of the amount of trial; anticipated and if foiCaua would help them with that, it would be a nice neighborly thing to do. There is going to be quite a lot of activity on that road, Commissioner Samson - Chairman Martin arc you willing lu bend u little your notion so I can second it? Chairman Martin - It is a waste of money, it's a waste of resources, it is a waste and I understand what you are gyring to get to, but a good gravel read with some treatment would serve the same purpose. You are talking 525.000 lust to start out within reference to it will he des Toyed by heavy equipment within a couple of week, and you will require them to pave that - I understand. it It a great philosophy but in reality it is a waste of lime, They= out going to he able to take I OO,O00•pound rig nerosa dud chip and seal on a turn, on the first tum it will separate on you. If you want to include that, it is okay. Commissioner Samson - Hear me out here, is that the cost of doing business. Chairman Martin - If there is a road maintenance agreement and they hove to make an adjustment, you just require them to do such with a large dollar ticket. Commissioner Samson moved to reopen the public hearing. Commissioner Houpt second. Carried. Jim was asked by Commistsonci Samson to give us some idea how much duel it' properly graveled and taken woe of the way the Board may require it to be done. I have no idea Jim said. Based on regulations talk about vehicles per day using the mad and ifduel in generated fmm show vehicles they have to implement a dust control plan. I could not quantify how much dos! as it ell depends un the surface materials. Contmiestoner Iloupt - if you look at the regulations, Regulation One on the air pollution. What does that mean? Jim - lust as I just stated, it say based on the number of vehicles on that unpaved private road per day they have to control emissions of dust from that surface through an approved dust control plan. So they would have to submit a plan and if we agreed that would address their duet issues then we can approve that and they have to implement it. You would want to address on a complaint basis. My hope would be if you were going to the trouble of developing a plan, they would implement it. A similar regulation is applied to County roads - we have to follow the sante regulations. Any County road that has 200 or more vehicles that is an unpaved road has to do what is necessary to control the dust from that, Commisisorter Houpt - This has been one of the major complaints that people have across the County Jim addressed it due to PM issues we are experiencing in the ltattlement MesatParachute area. Chairman Martin - Then we have to have natural material to go ahead and pave every rood in the county and every private road and driveway. etc. If we had a requirement, we would, That is the problem. Jim - Water, mag chloride, other surface materials. Chairman Martin - If you have it dust mitigation plan approved by the County you do not have to pave it - you are wasting somebody's money having them pave is and then to keep it paved during the time that the heavy equipment as going across it or you could have a dust mitigation which is recommended here to meet the standard Comnmesioner Houpt if that were the answer to all the problems that we act_ in this r'nunty when it annex In dust. I cannot even begin to tell you how many complaints we receive on roads that have dust mitigation plan. Chairman Martin - City streets that the street sweeper goes and it creates such a dust that you cannot see the street is also a violation and we see that on a daily basis as well even though they are paved. Jerry - The cost aest c1ated with that section of road. approximately a mile worth of road to chip seal was approximately 566,0tl0 one time to pal a down and that is whet we are proposing within in this as one of our letters of credit in ordet to complete that when we need to within the time period. Chairman Martin - Are you still sharing the road with EnCana? Jerry - Yes. Chairman Martin - What is their timeframe is reference to the time they pull out of there. Nathan - All we know is they have lessened the traffic on that road in the last year considerably. The dust from our construction is going be less titan what they have already created in die last year. Nathan - The only other comment, if you arc considering this chip seal as having to be done prior to issuance of the permit or completion of construction, that type of thing, then we need to make sure that is removed from the security requirement in I2d. John N. - Yes, if they put down this S66,000 worth id' chip seal, it will he guise because of the crinatnsettnn vehicles and just huildiug the RV Park alone Perhaps there is a ehcaperaliemetive thai we can prescribe that they cnn put mag chloride down every two weeks or every months and that would have zero dust with that armpit of mag chloride on that road. A much stronger requirement than the County actually does on then roads to keep the dust down. Ynu can require them to do overly control dust control. Chairman Martin - That is Jim's recommendation, dust mitigation plan that would eliminate that to Regulation One. Commissioner Houpt moved to close the public hearing, Commissioner Samson second, Carried, Chairman Martin let his original motion die. Chairman Samson made a motion to approve the major impact review process fur the Campground RV Park on 36.637 acres parcel south of Battlement Mesa in Parachute offCounty Road 300 with the conditions of approval submitted by staff and in place of 12 c. 3 we put a dust mitigation plan, which will requlue she applicant to apply meg chloride twice a month. Chairman Martin - The dust mitigation plan will also do that and also... Commissioner Samson - It is there now. Chairman Martin - Just to let you know that it has to meet the regulution; unc, it does not matter how often you ally it, it still may not meet the regulation and take care of the dust mitigation. Commissioner Samson - No this will take care of it, Chairman Martin- That is a lot of mag chloride for sure. Dusty - Point of clarification, we have talked about removing the word laundry from the condition. Commissioner Samson - Thank you. Commissioner Houpt - From"slash shower facility," Commissioner Samson - So tell them where that is. Dusty - Everywhere it occurs. Commissioner Samson - Okay, wherever that occurs, so that is my motion. Commissioner Houpt seconded the motion, Chairman Marlin - You would be better oft -with the dust mitigation meeting; even that is extremely strict 965 Commissioner Samson - You know what, the applicant said they could live with it and they were happy with it Au if they are happy with it, 1 am happy with it. 1n favor: Houpt - aye Samson - aye Martin - aye EXECUTIVE SESSION - DISCUSS Don requested an Executive Session to discuss five items that need legal advice and direction: I) Concerns the Airpon Park PUJ) and legal advice concerning the status of that subdivision and development of the airport; 2) Provide legal advice concerning application on oil and gas mitigation in the form of Resolution; 3) Discuss end provide legal update on an internal personnel investigation in the Treasurer's Department, 4) Update and receive any potential direction concern missing lintels in the Clerk's Office and 5) Carolyn necdst° talk to you about special conditions on FAA Airport. Several items will need public direction. Cotnmissinnar Samson moved to go into an Executive Session. Commissioner Houpt seconded. Motion earned. Commissioner Samson moved to come out of Executive Session. Commissioner Houpt seconded. Motion carried. Action takers Henry Building Security Evaluation Don stated we need direction to one member of the legal staff to contact the County Manager to make a security evaluation for security for fiscal purposes at the henry Building. Commissioner Houpt so moved, Commissioner Samson second. In favor:Houpt - aye Samson - aye Martin - aye Airport Land Partners Pill) - Cogeneration Cnmlyn stated we need authoriranion for Chairman Martin to sign a grant agreement prior to the Cogeneration Plant and Mr. Howard, co -application to ;anew] the PtJD nod request publically w waiver of fees and application fees for planning review, Commissioner Houpt so moved and asked that legal staff bring back the costs. Commissioner Samson second. In favor, Houpt - aye Samson - nye Martin - aye ADJOURNMENT Attest: Chairman of the Board OCTOBER 5, 2009 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO The regular meeting unite Boatd.ofCounty Commissfonets began at 8':00 A.M. on Monday, October 5, 2009 with Chairman Julia Martin and Commissioners Trust Houpt present. Also present were County Manager lid Green, County Attorney Don DeFurd, Carolyn Dahlgren and Jean Albcrico Clerk & Recorder. Commissioner Samson was absent, CALL TO ORDER Chairman Martin called the meeting to order at 8:00 A,M. PUBLIC COMMENTS FROM CITIZENS NOT ON THE AGENDA CLEAN ENERGY COLLECTIVE Paul Spencer representing the Clean Energy Collaborative. We have been working with llaly Cross Energy to build the first clean energy collective hero in the valley. which will be the first one in the nation and we would like to locate that in Garfield County. We have had considerable community support as well as interest and ownership of the Clean Energy Collective and therefore we are trying to have a quick timeline and we are trying to shoot for the end of 2009, which will allow individuals to utilize some of the tax credit for clean energy in 2009, Research and coordination with Holy Cross Energy as well as CLIiER has shown that the first site really needs to he visible, accessible as well as prominently located within the community to lie community based and a community demonstration. we have worked with stafiprimnrily ltd Green and his team to look at possible sites within the County. Filling the criteria, we have only found one and that is a private parcel offered to use by TCI Lane Ranch, which is a PUD that has been approved a month ago. It is about 3'acres they have offered out of I OO•acrc development and located between Blue Creek Ranch and the Wuldurf School just oft Highway 82 near Catherine's Store. Mates] on varying views we have received from stall, we wanted to bring it to you today and respectfully request that the Board provide us some direction as to going forward in two ways• 1) if that is a supportive community site in the Board's mind; and 2) if it would be possible for TCI to proceed with the ace resry source PUD and Preliminary Plan amendment by Administrative Process in a timely fashion. Commissioner Houpt - This is difficult because our planning director has worked with you on this and he is not in the room now, It would have been important for hint to be a part of this discussion. Chairman Martin - The is a great project and good support; Holy Cross has extended their support as well as would like to sec if we could move in :last direction, We need to allow CRMS and allow their array to be there as well going through the same proms. I would like Io see if we could gel this coup to lake care or than particular area. It is a great array and yes it is visible off Highway 82 but it is not unsightly, We can ask Fred il'we can put this under his approval instead of going through the Planning Commission, you will still have to have a public heartng and this in front of the Board. Commissioner I loupt -'There has been some concern about mnintaining the integrity of the'rCt application. What was so wonderful about that application was the feel that you retained the cultural component of Ag land in from and we worked on the environmental concerns around the area and that really made it a wonderful development. I do not think today that I could tell you without having more information in front of me that i could support the location because it will change that dramatically. 466 • • EXHIBIT 1s ROCC, Exhibits (9/21/2009) (Major Impact Review- High Mesa RV Park- High Mesa Partners LLC) Exhibit Letter (Ala 4 Exhlbft A Proof of Mail Receipts _ B Proof of Publication C Garfield County Unified Land Use Regulations of 2008, as amended (ULUR, the Zoning Code) D Garfield County Comprehensive Plan of 2000. as amended E Town of Parachute Master PIanL002] F Application G Staff Report 8.10.09 Exhibits 8.10.09 H I Excerpt, Minutes, Planning Commission meeting of 5.13.09 J Staff Report 9.21.09 K Staff Powerpoint AA E-mail, Garfield County Vegetation Management Department- Director, Steve Anthony, dated 9.15.09 BB E-mail, Garfield County Road & Bridge Department -Administrative Foreman, Jake Mall, dated 8.31.09 CC E-mail, Garfield County Oil & Gas Liaison, Oil & Gas Administrative Assistant, Wendy Swan, dated 9.1.09 _ DD E-mail, Garfield County Public Health Department- Environmental Health Manager, Jim Rada , dated 9.4.09 EE E-mail, Colorado Department of Public Health & Environment (CDPHE)- Mark Kadnuck, P.E., dated 9.4.09 FF Letter, Grand Valley Fire Protection District (GVFPD), Rob Ferguson, Deputy Fire Chief- Operations, dated 9.15.09 GG Letter, Garfield County Planning Department- Project Engineer, John Niewoenher P.E ., dated 9.15.09 HH E-mail, Bureau of Land Management, Glenwood Springs Field Office- Realty Specialist, Carole Huey. dated 9.15.09 II Email, Colorado Division of Water Resources- State Engineer's Office -Mike Bender, dated 9.16.09 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF APPLICATION APPLICANT SITE INFORMATION LOCATION /ACCESS EXISTING / ADJACENT ZONING I. DESCRIPTION OF THE PROPOSAL The application is for a Land Use Change Permit through the MIR process for a recreational vehicle (RV) Park. The site is shown on the map at right, and is % miles from CR 300, south of Battlement Mesa. The campground would consist of 119 back -in parking spaces for RVs with full hook-ups and utilities, with no tent spaces proposed. To support the facility: ➢ access road ➢ emergency access road • wastewater treatment plant Y water treatment plant for potable water • easements for facilities off the RV Park parcel > fire flow pond > retention ponds ' irrigation impoundment BOCC 9/21109 DD Land Use Change for a for a 'Campground / RV Park' through a Major Impact Review High Mesa Partners, LLC; Daybreak Realty LLC; James Eugene Speakman, Monique Teresa Speakman 2407-193-00-189 (36.637 acres) RV Park 2407-193-00-162 (614.713 acres) Daybreak 2409-244-00-124 (103.25 acres) Speakman Subject property is located off a well pad access road off CR 300, approximately 1 mile south of Battlement Mesa Rural; Adjacent: Public Lands (BLM) Il. PROCESS A Major Impact Review is defined in 2-106 of The Unified Land Use Resolution of 2008 (ULUR) as 'a land use considered to have a significant impact'. The Planning Commission's review is sought to consider the project's relationship to The Comprehensive Plan of 2000. A recommendation from the Planning Commission is sought; the application shall then be presented to the Board of County Commissioners for decision. _ MIR High Mesa RV Perk - ODunber- BOCC 9/21/09 Emergency Access Road Site Plan (Pg cl.[k I act 0. $111111il1tia Wastewater Facility (offsite) Shower / Laundry facility Entrance Station Dump station / water station Storage Facility "valiertatiZIONIWOUll Water treatment Facility (offsite) sods', rt, • 2 MIK Nigh Meru RV Pw* - D.Dunbar— BOCC 9/21/09 NOTE TO BOCC: STAFF IS PROVIDING YOU WITH A STAFF REPORT WITH THE APPLICANTS RESPONSES AND COMMENTS INCLUDED IN RED FOR YOUR REVIEW ADDITIONALLY, THERE ARE SEVERAL SUPPLEMENTAL DOCUMENTS SUBMITTED BY THE APPLICANT (BINDER CALLED 'UPDATED INFORMATION ONLY') III. REFERRAL AGENCY COMMENTS SINCE INITIAL REVIEW, STAFF ALSO RECEIVED REVIEW COMMENTS FROM THE FOLLOWING ENTITIES, ATTACHED AS THE FOLLOWING EXHIBITS: • (EXHIBITAA) E-mail, Garfield County Vegetation Management Department Director, 7.29.09, revised 9.15.09 • (EXHIBIT BB) E-mail, Garfield County Road & Bridge, 8.31.09 • (EXHIBIT CC) E-mail, Garfield County Oil & Gas Liaison, 9.1.09 • (EXHIBIT DD) E-mail, Garfield County Environmental Health Manager, 9.4.09 (EXHIBIT EE) E-mail, Colorado State Department of Public Health and Environment (CDPHE), 9.4.09 (EXHIBIT FF) Letter, Grand Valley Fire Protection District Deputy Fire Marshal, 9.11.09 (EXHIBIT GG) E-mail, Garfield County Planning Department Project Engineer, 9.15.09 • (EXHIBIT HH) E-mail, BLM, Glenwood Springs Area Office, 9.15.09 ▪ (EXHIBIT II) Letter, Colorado State Division of Water Resources, State Engineer, 9.16.09 No response received from Town of Parachute, Colorado Division of Wildlife, Garfield 16 School District. IV. APPLICANT RESPONSE In summary, the Applicant has revised their application based on the comments provided by the County Planning Staff Report and the Planning Commission: 1. Regarding deficiencies of 7-104 (Sufficient Legal and Physical Source of Water): Applicant has: a, re-applied to correct error in application for the two commercial wells. b. agreed to provide proof of issued permit for the two commercial wells prior to issuance of Land Use Change Permit; 2. Regarding deficiencies of 7-105 (Adequate Water Supply): Applicant has a. stated that the Upper Pond is no longer being considered a part of the fire flow pond water supply, and therefore system details, easements and maintenance details are not needed, b. revised West Divide Water report that provides proper calculations and states that it implies a perpetual water contract; c. provided copies of corrected well permit applications; 3 MIN High Mesa RV Park - D.Ounbar- BOCC 9,2!/09 3. Regarding deficiencies of 7-106 (Adequate Water Distribution, Wastewater Systems) Applicant has: a provided an application for an appropriately scaled wastewater treatment system; Applicant agrees that permits for this system shall be in place prior to issuance of the Land Use Change Permit; b. provided an application for an appropriately scaled central water treatment system; Applicant agrees that permits for this system shall be in place prior to issuance of the land Use Change Permit; c. provided proof that the two wells being considered for commercial permits have adequate quantity and dependability, as per a required 24-hour pump test; Applicant agrees that permits for this system and wells shall be in place prior to issuance of the Land Use Change Permit; d. represents that CDPHE approval will be secured for the systems and be in place prior to the issuance of the Land Use Change Permit; e. provided proof of appropriate system design features required by Garfield County; f. agrees to satisfy requirements of the fire service provider related to fire flow system and a sign -off letter shall be in place prior to issuance of the Land Use Change Permit; 4. Regarding deficiencies of 7-107 (Adequate Public Utilities) Applicant has: a. provided a signed contract from Holy Cross Energy, proof of recorded document shall be provider Land Use Change Permit; b. have agreed (with Garfield County Project Engineer) also serves to satisfy 7-309. and has agreed that prior to issuance of that satisfying 7-107 5. Regarding deficiencies of 7-108 (Access and Roadways) Applicant has: a. agreed (with Garfield County Project Engineer) that satisfying 7-108 also serves to satisfy 7-307 b. agreed (with Garfield County Project Engineer) to standards for the project, those being: • Minor Collector Road design standards • Shoulder width of 4 feet • Allowable grade of 10% with additional safety enhancements as per GarCo Project engineer on curves (guardrail) ■ Adequate ROW recorded for the public (rather than private) c. agreed to provide adequate securities for site re -vegetation, reclamation, and to secure chip -seal improvement (in order to delay chip -sealing the road for 18 months from the date of construction); d. agreed to provide a dust mitigation plan that meets the conditions set forth by GarCo Environmental Health Manager. 4 MIR High Masa RV Park - D.Dunbar — BOCC 9/21/09 6. Regarding deficiencies of 7-109 (No Significant Risk from Natural Hazards) Applicant has. a agreed that if the BOCC approves the exceptions reconmrended by Staff to grade, and if the fire service provider provided a sign -off letter for the fire flow requirements and emergency access road, that wildland fire risk is adequately mitigated. 7. Regarding deficiencies of 7-202 (Protection of Wildlife Habitat areas.) Applicant has: a. agreed to conditions recommended by Staff. 8. Regarding deficiencies of 7-203 (Protection of Wetlands and Waterbodies) Applicant has: a agreed to include recommendations of the Garfield County Project Engineer in the Stormwater Management Plan; b Applicant has agreed to add a section to the park guidelines to deal with minor spills from RVs and other vehicles; 9. Regarding deficiencies of 7-205 (Erosion and Sedimentation) 7-206 (Drainage) and 7-207 Stormwater Run -Off) Applicant has: a agreed to limited site disturbance as per Garfield County Project Engineer recommendations; b. agreed to file the required Storm Water Management Plan (SWMP) with the State Department of Public Health & Environment (CDPHE) prior to disturbance; c. provided updated plans and updated SWMP that incorporate all temporary and permanent erosion control measures and depicts irrigation for re - vegetating disturbed slopes; d provided updated easements for the north and south storm water retention ponds and the fire flow pond, and shall record these easements prior to disturbance; a provided updated easement information for the High Mesa storm water retention pond on the RV Park parcel, and has agreed to revise and execute the Final Easement plat upon County Staff approval, f agreed (with Garfield County Project Engineer) that satisfying 7-205, 206, and 207 also serves to satisfy 7-806 (H), and (I) 10. Regarding deficiencies of 7-208 (Air Quality) Applicant has: a agreed to meet State standards during construction; b updated the maintenance manual to comply with GarCo Environmental Health Manager; 11. Regarding deficiencies of 7-212 (Reclamation) Applicant has: 5 MIR High Mesa RV Park - D, Dunbar— BOCC 9P21/09 a provided an updated Engineer's estimated construction cost spreadsheet with Letter of Credit items; b agreed that re -vegetation security in the amount of @2500/acre for a total of $18, 377.00 as per GarCo Vegetation Manager shall be in place prior to disturbance; c. agreed that all securities (re -vegetation, reclamation, chip -seal) shall be in place prior to disturbance; 12. Regarding deficiencies of 7-806 (K) (Electrical Distribution/Communication wiring) Applicant has provided updated plans. THE PLANNING COMMISSION RECOMMENDED THAT BOCC APPROVE THE PROJECT WITH THE 14 CONDITIONS RECOMMENDED BY STAFF. i l -IL ADPL'CANT I-Hi\S AGREED TO MEET I HE FOLLOWING CONDITIONS AS S-IATEDAI PLANNING COMMISSIr)N HEARING 5 13 2009, AND RE STATED IN THE PREVIOUS STAFF REPORT SI.1BMI I TED TO THE BOCC ON FOR HEARING ON 8 10 2009T CONDITIONS 1-10, and 14 THE APPLICANT HAS RESPONDED TO CONDITIONS 11-13 WITH STAFF RESPONSE FOLLOWING. V. STAFF RESPONSE 1. Staff Response to Section 7-104 and 7-105 specific to potable water supply: The Applicant has applied for a correction for the two wells on the Speakman property (as commercial wells to serve the High Mesa RV Park.) At the time of this writing, there have been no corrected well permits issued. This standard has not been met. • Prior to any disturbance of land, the Applicant shall provide, A. verification of permits issued to serve the High Mesa RV Park for the two (2) commercial wells, B. any notification and tests required by Garfield County for the wells. 2. Staff Response to Section 7-104 and 7-105 specific to fire flow requirements: Fire flow requirements are to be set forth by the fire service provider, as per 7-104 (A)(5). As represented to Planning Staff, water to fill and maintain the fire flow pond is to come from the Daybreak Realty LLC (Graham) parcel, as surface runoff, augmented with water from the two commercial wells. The Applicant represented that enough surface runoff would channel to the fire flow pond, and that the Upper Pond would not 6 MiR High Mese RV Park - D.Dunbar— BQCC 9/21/09 be used as part of the system. Therefore, the Upper Pond was not included in the fire flow system and no easement to it was included in the application. At present, there is no system relationship depicted or stated between the Upper Pond and the Fire Flow Pond for delivery of water, only an application to legitimize an existing non jurisdictional dam. Further, there is no system relationship depicted or stated between the two commercial wells and the Fire Flow Pond for delivery of water. • The Amended Water Supply Report, Page 1 states that the commercial wells will be used for domestic water and fire protection, and that: 'The Upper Pond will be constructed on the terrace above the RV Park as shown in Figure 2. The pond will be used to store precipitation runoff in priority and irrigation water delivered to The property under the Applicant's existing irrigation rights_ An application has been filed with District Court, Water Division 5 for the Upper Pond.' • The abovementioned report also says that 'up to 50,000 gallons of water per year will be pumped from the wells for fire protection'. • The application materials for the water impoundment application for the Upper Pond states that its use is to 'store and provide water to fire pond,' • The Water Supply Report from SGM states that the water storage tank capacity does not include fire flow and irrigation. There is no information provided that determines if there is adequate water beyond the potable water demands to serve as fire flow. In conversation with the report's author, Engineer Bob Pennington, he stated that there is ample supply from the wells to fill the two 20,000 gallon potable water tanks in 12 hours, and that the demand was scaled for a summer's day when the park would be likely full and the water demand at its peak. In discussion with the Grand Valley Fire Protection District, Deputy Fire Marshal Rob Ferguson and Chief David Blair both stated to Staff that it was their understanding that water from the Upper Pond is used to augment the fire flow pond, and that water from the potable water tanks would also be used to augment the fire flow pond. (Exhibit FF) As the fire service provider is the authority that sets the standard for fire flow [as per 7- 104(A)(5)1, Staff recommends that verification from the Grand Valley Fire Protection District be provided that the system they require is the system that has been put in place. Staff recommends the Applicant provide a letter from the fire service provider that verifies and depicts: a. the fire flow pond including its water delivery system(s), easements, and maintenance roads from all impoundments and wells required for its operation, b. the emergency access road, its `knock off' gate, and its surface, 7 MIR High Mesa RV Pant - D Dunbar— BOCC 9/21/09 c. the fire safety and response plan including the annual inspection date(s) of the fire flow pond. The Upper Pond is both part of the irrigation system and part of the water supply for the fire flow pond. Staff recommends as a condition of approval that the Applicant be required to present to the Garfield County Planning Department Project Engineer: ■ proper recorded easements for the Upper Pond, design of the ditch or pipe conveyance to the fire flow pond, and any maintenance road that may be required to the satisfaction of the Garfield County Planning Department Project Engineer, and amend the Site Plan accordingly, • system details (design specifications, easement and maintenance road requirements) if there is to be an augmentation system from the potable water storage tanks, • a statement from SGM revising the volume of water to be processed through the system to ensure that the water system is adequately sized, if water for augmentation of the fire flow pond is to be processed through the water treatment facility. In comments from the Colorado State Division of Water Resources, State Engineer's Office (Exhibit II), there is considerable comment about water for fire flow, decrees and permits for the RV Park. They state that the well change permits to commercial use have not been filed with their agency, and the impoundment decree for the Upper Pond and Fire Flow Pond has not been issued. Their analysis of the augmentation plan for 2 acre feet from the West Divide Water Conservancy District (WDWCD) equals enough water to fill the fire flow pond once to 50,000 gallons, which is the minimum standard set by the Grand Valley Fire Protection District. (Exhibit FF) Their assessment of the proposal indicates that the Fire Flow Pond is expected to be filled to 50, 000 gallons with spring run-off and augmented during the year from the Upper Pond, assuming approval from the Water Court for the storage rights application. They state that the Applicant proposes to fill and maintain the Fire Flow Pond with ground water from the commercial wells. As this is not a subdivision application, there is no objection to the proposal using a pond as a fire flow reservoir, but they have recommendations about permitting and managing the fire flow system to operate within requirements from the State and WDWCD. Their comments direct the Applicant to include provisions in their plan to: • Amend the well permit applications to account for the additional use of the commercial wells to fill and maintain the Fire Flow Pond is inadequate, 8 MIR High Mesa RV Park - D Dunbar— BOCC 9/21/09 • Provide for the amount of replacement water that will need to be supplied to the West Divide Water Conservancy District (WDWCD)if pumping from the well increases beyond the planned amount, • Provide an annual assessment to account for water at the end of spring runoff season to confirm the ready -status of the Upper Pond and Fire Flow Pond with the fire service provider, to determine whether additional ground water pumping will be needed, and to initiate arrangements to obtain replacement water from the WDWCD. The Applicant can satisfy these requirements, and in some circumstances, the Applicant has the response action underway. Staff recommends making these recommendations a condition of approval. This standard has not been met; Staff recommends that it be included as a Condition of Approval prior to the issuance of the Land Use Change Permit. Staff recommends that a letter of acceptance by the Grand Valley Fire Protection District for the fire protection system be a condition of approval, as well. The letter of acceptance shall state the Grand Valley Fire Protection District's sign -off for the following: fire flow pond and its water augmentation system(s) from Upper Pond and/or commercial wells, fire flow pond maintenance plan, and emergency access road. Conditions of Approval (13) shall read: ✓ Prior to disturbance of land, the Applicant shall provide to the satisfaction of the Garfield County Planning Department Project Engineer: A. proper recorded easements for the Upper Pond, design of the ditch or pipe conveyance to the fire flow pond, and any maintenance road that may be required to the satisfaction of the Garfield County Planning Department Project Engineer, and amend the Site Plan accordingly, B. system details (design specifications, easement and maintenance road requirements) if there is to be an augmentation system from the potable water storage tanks, C, a statement from SGM revising the volume of water to be processed through the system to ensure that the water system is adequately sized, if water for augmentation of the fire flow pond is to be processed through the water treatment facility. Conditions of Approval (14) shall react: ✓ Prior to issuance of the Land Use Change Permit, the Applicant shall provide a letter from the Grand Valley Fire Protection District acknowledging acceptance of the design and proper installation of A. the fire flow pond including its water delivery system(s), easements, and maintenance roads from all impoundments 9 MIR High Mesa RV Pam - D.Dunbar— BOCC 9/21/09 and wells required for its operation, B. the emergency access road, its knock off gate, and its surface, C. the fire safety and response plan including the annual inspection date(s) of the fire flow pond, D. an annual assessment to account for water at the end of spring runoff season to confirm the ready -status of the Upper Pond and Fire Flow Pond, to determine whether additional ground water pumping will be needed, and to initiate arrangements to obtain replacement water from the WDWCD. 3. Staff Response to Section 7-106 (Adequate Central Water Distribution and Wastewater System, 7-806 H, l jCampground Standards for Water Supply and Distribution, Sewage Disposal) requirements: The Applicant has revised applications (to correct errors in capacity) and they have been submitted to the State for permits for the systems required for the operation of the RV park for wastewater treatment and water treatment. It has been expressed in comments from the State Engineer's Office and the State Department of Public Health & Environment (CDPHE) (Exhibit EE) hat the operator of such facilities must have a license. While some of the proposed buildings are not necessary for the operation of the RV Park, the laundry/shower building and dump station are components that are related to the permitted levels of potable water and sewage. They are, therefore, required structures. No issuance of the Land Use Change Permit may be allowed without these components. Prior to granting the Land Use Change Permit from Garfield County that would allow the Applicant to open the RV Park to the public, the Applicant shall submit to Garfield County Planning copies of all inspections and reports required by the State or County, and submit copies of all required State or County permits, decrees or licenses_ tt_Yi iC- of .'Ai,pJ ,ni ✓ Prior to the issuance of the Land Use Change Permit, the Applicant shall provide, along with any notification and tests required by Garfield County, verification of permits, licenses, decrees and inspections required for the facilities to serve the High Mesa RV Park, in specific for the following: A. two (2) commercial wells, B. wastewater treatment plant, C. water treatment plant, D. operator's license(s). 10 MIR High Mese RV Perk - D,Dunber— &OCC 921/09 Conditions of Approval (16) shall read ✓ Prior to the issuance of the Land Use Change Permit, all components required for the operation of the RV Park must be completed, including but not limited to: • roadways for access, emergency access and maintenance, • water/irrigation/fire flow systems, • laundry/shower facility, • RV dump station and wastewater system, ■ recorded easements, • facilities to meet ADA requirements • operational plans and agreements ■ securities, permits, licenses, notifications and tests 4. Staff response regarding_deficiencies of 7-107 (Adequate Public Utilities)): The Applicant has provided a signed contract from Holy Cross Energy, and has agreed that proof of recorded document shall be provided prior to issuance of Land Use Change Permit. This standard has been met. 5. Staff response regarding deficiencies of 7-108 (Access and Roadwaysl: Applicant has agreed that by satisfying 7-108, requirements for 7-307 are met. The Applicant has agreed to standards for the project, as per GarCo Project Engineer (Exhibit GG): A. Minor Collector Road design standards Per the County Design Standards (Section 7-307), the project traffic volume requires that the road be constructed to standards of a minor collector with 12 foot lane widths, 6 -foot shoulders, and a chip -seal surface_ (The minor collector road standard applies to roads with 401 to 2500 trips per day based on 120 units and 4.8 trips/day/unit, the ITE trip generation standard for RV Parks.) B. Shoulder width of 4 feet Road Width, Per previous discussions with the Applicant, the County will allow the shoulder width to be reduced to 4 -foot, the minimum allowed by the Code. C. Allowable grade of 10% with additional safety enhancements as per GarCo Project Engineer on curves (guardrail) The County Project engineer notes that the 10% grade on the main access road occurs on a curved part of the road. The combination of the steep grade and the curve increases the risk to those using the road. Per the County Code, the maximum grade of such minor collector roads is 8%. The Applicant proposes to mitigate the excessive slope by posting a speed 11 MIR High Mesa RV Park - D.Dunbar- BOCC 9/21109 limit of 20 mph. The Code allows BOCC to approve excessive slopes (Section 7-209 H). The Staff recommends that should the BOCC al_pre ve the access road slope, that no additional development will occur prior to the road being reconstructed to meet County roadway design standards. D. Adequate ROW recorded for the public (rather than private.) Applicant has agreed to this, and this can be met. (Contrary to GarCo Engineer's comments, easements must be in place for facilities on parcels that are to serve the RV Park, from the owner to High Mesa Partners, LLC to serve the RV Park, as the other individuals are party to the application for the off-site facilities only.) Regarding right-of-way along CR 300, GarCo Road & Bridge recommended that the Applicant be prohibited from placing signs other than approved driveway access signs atop stop signs without GarCo permission. Any signs to be installed shall have proper Garfield County permits and meet the sign code. (Exhibit BB) No signage other than the approved driveway access stow sighs shall be placed within the County ROW without approval of Garfield County. If a 60 -foot deeded ROW does not presently exist for Cr. 300 a strip of Land 30 -foot wide from the centerline of the exisiinu road the entire length of the property involved in this application shall be deeded to Garfield County for future road improvements. Further, Staff recommends the Applicant also be requested to deed to Garfield County the acreage necessary along its frontage on CR 300 to bring CR 300 to a full 30 feet from centerline, with no financial consideration or exchange required. The Applicant has agreed to provide adequate securities for site re -vegetation, reclamation, and to secure chip -seal improvement (in order to delay chip -sealing the road for 18 months from the start of construction.) For re -vegetation and reclamation, those requirements are as follows: E. Re -vegetation security shall be as stated by GarCo Vegetation Manager Steve Anthony (Exhibit AA): Staff recommends a re -vegetation security of $2500/acre for a total of $18,377.00 The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful re -vegetation establishment, to request an inspection for security release consideration. The Reclamation Standards at the date of permit issuance are cited in 12 MIR High Mesa RV Paris - D Dunbar— 80CC 9,21/09 Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). The discrepancy between the estimated re -vegetation security of $18,377 and $20, 549 is based on the Applicant's engineer's estimate, which includes other exotic species found as a result of the new wetlands study provided that were not originally included in the earlier estimate. F. Reclamation security shall be as stated by the GarCo Project Engineer, John Niewoenher, P.E.: Security Type Amount Minimum Expiration Date Release of Security by County Purpose Restoration of $249,036 Note #4 $66,304 Note #5 18 months after BOCC approval After RV Park receives County LUC Permit Guarantees the restoration of land to pre -development conditions (excluding re -vegetation) RV Park and Appurtenances Note #1 Access Road 2.5 years after BOCC approval After Chip -seal is approved by County Guarantees Applicant will perform chip -seal by March 2012; one year after RV Park receives LUC permit. Guarantee adequate re -vegetation w/o weeds. Chip -seal Note #2 Re -vegetation $64,900 Note #6 3 years after BOCC approval After re -vegetation is approved by Count r_ Note #3 The Applicant has requested that main access roadway (that provides access for the public) not be surfaced (chip -sealed) prior to the issuance of the Land Use Change Permit. EnCana Oil & Gas (USA) Inc. has several well pads to the south of the RV Park, and the Applicant states that until heavy rig equipment is removed, these oversized pieces of equipment may damage the road surface that will be installed to serve the RV Park. The Applicant requests that Garfield County accept a security and allow the chip -sealing to take place 18 months from the 'start of construction'. Staff recommends that because 'start of construction' is not a date certain, that the BOCC consider the following conditions regarding the Applicant's request to delay chip - sealing the access roadway: G. If adequately secured, the Applicant may delay chip -sealing the main access roadway to a date no more than 18 months from the BOCC date of approval (9/21/05), or 30 days after EnCana's energy development requiring oversized equipment ends, whichever comes first, H. Security shall be as stated by the GarCo Project Engineer, John Niewoehner, P.E., that being $66.034.00, 13 MIR High Mesa RV Park - D.Dunbar _ BOCC 9111/09 Prior to chip -sealing, the access roadway shall be built to the standard required by the GarCo Project Engineer's specifications, and during all phases (construction, pre -chip -sealing and afterward) the road shall be maintained to meet Garfield County and State air quality standards with a dust mitigation plan, as stated by GarCo Environmental Health Manager. In the Maintenance Agreement for the roadways, the Applicant has stated that the owners shall not prohibit access to new parcels. The access permissions for the main access road and the emergency access road are limited to the use described in this application as per comments from GarCo Road & Bridge Department: Driveway access Permits have been issued for this application. One do vewav access permit is for the main entrance in and out of the RV Park. The other driveway access Permit is for the enneraency entrance only and will have a awe with a knock off s►•steins. The ctneraencv driveway access shall not be considered complete until all conditions of the driveway access peanut are complete, and approved by Garfield County Road Bridae Department. These driveway accesses are for this application only_ Staffrecommends that the access permitting be limited to the use described in the application only. The clauses in the Maintenance Agreement shall be revised to eliminate stated permissions to future additional parcels: #3. Road that includes the language: Appendixes A & B shall be revised at any time that additional parcels have been created that have access to the road., #4. ArsOritititrrr that includes the language: The association agreement that is in Appendix D shall come into force at such time as a 4'j' Parcel is created., and #2. Owner that includes the language: In the event of any subdivisions, 'owner 'shall mean the owner of the newly created parcel or parcels... Staff recommends that because this road is being considered in its present proposed design, with surface timetables and design exceptions related to a defined and limited traffic count, allowing permissions in the Maintenance Agreement language may remove Garfield County from adequately guiding revisions or restrictions to the roadway, its access and impacts in the future. Staff recommends following the restrictions set forth in comments from Road & Bridge, and eliminating any implied permissions for access and road use beyond that of the Application itself, Nosi•nage otl crthan the a Mo►eddrivewa 'accesssto sins shall be laced within the County ROW without approval of Garfield County. Tin 60 -foot deeded ROW does not presently exist for Cr. 300 a strip of Laud 30 -foot wide from the centerline of the existing' road the entire length of the property involved in this application shall be deeded to Garfield County for future road improvements. Staff finds that some of the traffic emerging from the RV Park will travel westward on CR 300, and may travel through the intersection of CR 300 and SH 6 Frontage, that is 14 MIR Nigh Mesa RV Park - O Dunbar - BOCC 9/21/09 presently being evaluated for improvement obligations. The traffic vohane increase caused by this application will impact all of Cr_ 300 roads from the point of entrY to 1-70 through Battlement Mesa. This application has the potential to add to the traffic iunmot a1 the entrance of Cr. 300 to Colorado State Highway 6 at Una. This intersection is already a point of great concent and is reauirisiu improvements. These comments ents are for this application and traffic impact only. All vehicles hauling equipment and materials for this project shall abide by Garfield County's ❑versize.'overwciaht permit sVsteiii. All vehicles TCCIllirin oversize: over►veiklit permits shall apply for them at Garfield County Road & Bridge Department. As this is not a subdivision, there is, at present, no assessment required from Traffic Impact Fees_ Finally, comment from the BLM Field Office made a request to have the Applicant provide a GPS shapefile of the main access road to confirm its location, (BLM manages the neighboring parcel to the south.) (Exhibit HH) Conditions of Approval for access and roadways (10, 12) shall read ✓ Prior to the acceptance of the Maintenance Agreement, the Applicant shall: A. Revise all sections to comply with the limitations for access for the use and level described in the application, that being: one (1) 119 -unit RV Park with related infrastructure (WWTF,WTF, 4 ponds, 1 shower/laundry facility, dump station, storage building and campground/ office building with easements on three parcels; B. Revise all statements to comply with the limitations for access for the use and level described in the application requirements, as per GarCo Road & Bridge; V Prior to the any disturbance of land, the Applicant shall: A. Design the roadways to meet the following standards: 1. Minor Collector road standards, with an allowable exception of 4 -foot shoulder widths, and 10% grade provided safety features are installed on curves, 2, Design additional safety and drainage enhancements as per GarCo Project engineer on curves (guardrail, culverts) B. Meet the following requirements for road right-of-way and signage: 1. Provide adequate ROW recorded for the public (rather than private) without charge to Garfield County, that being: 15 MIR High Mesa RV Parr D.Dunber- BOCC 9t21ro9 a. 60 feet for the main access road, b. 20 feet for the emergency road, 2. additional acreage necessary on the project parcels' boundary along CR 300 is requested to bring the ROW to a full 30 feet from centerline for future road improvements. C. Have in place a plan for chip -sealing of the main access road: 1. If adequately secured, the Applicant may delay chip -sealing the main access roadway to a date no more than 18 months from the BOCC date of approval, or 30 days after EnCana's energy development requiring oversized equipment ends, whichever comes first, 2. Prior to chip -sealing, the access roadway shall be built to the standard required by the GarCo Project Engineer's specifications, 3. During all phases (construction, pre -chip -sealing and afterward) the road shall be maintained to meet Garfield County and State air quality standards with a dust mitigation plan, as stated by GarCo Environmental Health Manager. D. Have in place all required plans, agreements, and securities including, but not limited to: 1. Reclamation, 2. Dust mitigation (to meet Colorado Air Pollution Control Commission Regulation 1), 3. Improvements Agreement, 4, Maintenance Agreement, 5. Securities for re -vegetation ($20,549), restoration ($249,036), access road security ($108,906) and chip -seal security ($66,304) E. Have all required plans and permits required by Garfield County and the State of Colorado, including, but not limited to: 1. Road & Bridge for oversized/overweight vehicles and traffic control, 2. Environmental Health for dust mitigation [Control Measures as per APCC Regulation 1, III.D.b.(iv)] incorporated into the plan and an Air Pollution construction permit (State), 3. Planning Department Project Engineer's requirement for cordoning off areas to minimize land disturbance. 16 MIR High Mesa RV Park - D.Dunbar— BOCC 9/21/09 F. Prior to any disturbance of land, the Applicant shall provide a GPS shapefile to the satisfaction of the Realty Specialist of the Glenwood Springs Field Office of the Bureau of Land Management to determine the land status of the ingress & egress to the project. 6. Staff response regarding deficiencies of 7-109 (No Significant Risk from Natural Hazards: Applicant has agreed that if the BOCC approves the exceptions recommended by Staff to grade, and if the fire service provider provided a sign -off letter for the fire flow requirements and emergency access road, that wildland fire risk is adequately mitigated. 7. Staff response regarding deficiencies of 7-202 (Protection of Wildlife Habitat areas. Applicant has agreed to conditions recommended by Staff, those being: Wildlife safely shall be addressed with the following conditions; a. Fencing shall meet 'wildlife friendly ;Jencingstandardsofthe Colorado DO6fV, and be that in keeping with the rural character of the neighborhood: non -climbable "x 4" mesh horse fence with or without barbed wire strands at the crest, no less than 60" in height. b, The design and construction of the fire pond shall include both, fencing to prevent access by wildlife and human beings, and safe egress measures fro' wildlife and human beings that 'night inadvertently enter the pond, c_ Bear -proof waste receptacles shall be used on-site. This standard has been mot. 8. Staff response regarding deficiencies of 7-203 (Protection of Wetlands and Waterbodies) a. Applicant has agreed to include recommendations of the Garfield County Project Engineer in the Stormwater Management Plan; b. Applicant has agreed to add a section to the park guidelines to deal with minor spills from RVs and other vehicles; Conditions of Approval for protection of wetlands and waterbodies (12.0) shall read: ✓ Prior to any disturbance of land, the Applicant shall have updated the SWMP and the park guidelines to the satisfaction of the Garfield 17 MIR High Mese RV Park - D.Dunber - BOCC 9l21/09 County Planning Department Project Engineer to address minor spills from RVs and other vehicles, incorporate erosion BMPs, and secure a State SWMP. 9. Staff response regarding deficiencies of 7-205 (Erosion and Sediirpgriatiiort), 7-206 (Drainage) and 7-207 Stormwater Run -Off) Staff recommends the Applicant be required to satisfy the Garfield County Project Engineer, There are requirements that must be satisfied before disturbance to the land occurs, and requirements that must be satisfied prior to the issuance of the Land Use Change Permit. ye Prior to land disturbance, the Applicant has agreed to: ✓ limit site disturbance and cordon off areas that will remain undisturbed as per Garfield County Project Engineer recommendations; ✓ agrees to file the required Storm Water Management Plan (SWMP) with the State Department of Public Health & Environment (CDPHE); ✓ shall record updated easements for the north and south storm water retention ponds and the fire flow pond, if applicable, and revise the Site Plan to depict all necessary easements; ✓ shall revise and execute updated easement information for the High Mesa storm water retention pond on the RV Park parcel upon County Staff approval; Conditions of Approval for Erosion, Sedimentation, Drainage and Stormwater Run -Off (12.E.) shall read; Prior to land disturbance, the Applicant shall: Have all required plans and permits required by Garfield County and the State of Colorado, including, but not limited to: 3. Planning Department Project Engineer's requirement for cordoning off areas to minimize land disturbance, 4. State Department of Public Health & Environment (CDPHE) required Storm Water Management Plan (SWMP), 5. Record updated easements for the north and south storm water retention ponds, fire flow pond, High Mesa storm water retention pond on the RV Park parcel, if applicable, and revise the Site Plan to depict all necessary easements. 10. Staff response regarding deficiencies of 7-208 (Air quality) Staff recommends that while the Applicant has agreed to meet air quality standards during construction, there are specific local and State requirements that must be satisfied for operation of the RV Park. These stated requirements appear in the 18 MIR High Mesa RV Path - 0.Ounbar - BOCC 9/21/09 comments of the GarCo Environmental Health Manager. Dust mitigation will be actively conducted throughout the park at all times, utilizing the most appropriate best management practices including hut not limited to those recommendedfar private roads as part of Colorado Air Pollution Control Commission, Regulation 1. Conditions of Approval for Air Quality (12.0.2) shall read Prior to land disturbance, the Applicant shall: Have in place all required plans, agreements, and securities including, but not limited to: 2. Dust mitigation (to meet Colorado Air Pollution Control Commission Regulation 1) 11 Staff response regarding deficiencies of 7-212 (Reclamation) The Applicant is proposing that Letters of Credit be used as securities for the project. Staff recommends that other forms of securities are more readily administered, namely, cash deposits and bond. Whatever the agreed-upon security, Staff recommends that is be in place prior to any disturbance of land and in the amounts set forth by Garfield County: ✓ Applicant has provided an updated Engineer's estimated construction cost spreadsheet with Letter of Credit items; ✓ Applicant agrees that re -vegetation security in the amount of @2500/acre for a total of $20,549, as per the Applicant's Engineer estimate shall be in place prior to disturbance; ✓ Applicant agrees that all securities (re -vegetation, reclamation, improvements, chip -seal ) shall be in place prior to disturbance; Conditions of Approval for Reclamation (12,0) shall read ✓ Prior to land disturbance, the Applicant shall have securities in place for re - vegetation, reclamation, improvements and chip -seal). (This condition includes G, H, and I from Page 12 that are the Garfield County Planning Department Project Engineer's securities.) 12. Staff response regarding deficiencies of 7-806 (1{1 (Electrical Distribution/ Communication wiring) Staff has confirmed that the updated plans provided by the Applicant are adequate. This standard has been met. 19 MIR Nigh Mesa RV Perk - D.Dunbar— BOCC 9/21/09 VI. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners (BOCC). 2. The meeting before the BOCC was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed land use change has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County, as it does meets all the required standards. 4. The application has met the requirements, or can meet with conditions recommended by Staff in the Major Impact Review process, including but not limited to: Sections 2-101, 2-106, 3-306, 3-501, 4-101,4-102, 4-106, 4- 501, 4-502 of the Garfield County Unified Land Use Resolution, of 2008, as amended (ULUR), VII. STAFF RECOMMENDATION: Staff recommends that the BOCC follow the recommendation of the Planning Commission for approval of the High Mesa RV Park with conditions recommended by Staff (revised, as follows): 1. All representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners (BOCC), shall be considered conditions of approval unless explicitly altered by the BOCC. 2. The operation of the facility shall performed in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes for residential standards assessed at a location of 350' from the park or at a point 25' beyond the parcel (RV Park parcel) boundary, whichever is lesser. 4. The High Mesa RV Park shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards for emissions, heat, glare, radiation, fumes, smoke or other emanation which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 20 MIR High Mesa RV Park - D Dunbar- BOCC 9171/09 5. The Applicant shall comply with the fire protection provisions included in the comments of the Grand Valley Fire Protection District (GVFPD), develop a fire safety and response plan to the satisfaction of the GVFPD and arrange for the Grand Valley Fire Protection District to perform an annual inspection of the fire protection pond at their convenience. 6. Any signs associated with the use shall be designed to comply with the Garfield County Sign Code. 7. No storage of heavy equipment is proposed or permitted on this site, with the exception of a machine or vehicle for snowplowing, which shall be parked in the storage area or inside a structure. 8. Any lighting of the site shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 9. All equipment, structures and light fixtures on the site shall be painted with a neutral shade of tan or sage green non -reflective paint to reduce glare and make the site more inconspicuous. Structures designed to mimic barns, agricultural structural or false -front western storefronts may be either neutral colors or faded barn red, but the surface must be a non -reflective surface to reduce glare. ▪ Prier -to -site --d' + ien--erg-this-project, the -following -shall -be -in lG• e4- Ar-- A#4- eeessory Building -Department permits—An—eluding—grading—permits, 8 I° ermits-from Gare -Road ridge-DepaFtmeRt-for-all-ever-sized/ovever- weight-vehieles-te be used -en -site, / p& p C. All-n�y-trafiieeontrol plan uir��`t�dit-.Gai--Bridge Department; 0.—All ecessar tinanGial-seeunties-related t uetien; re-vegetat en -and reclamation; F. All requirements-for-engineerRg desigl d-relates#-plans-set-tartti-by-the Garfield—County—Project—Engineer, (For continuity, all of the conditions of former #10 have been incorporated elsewhere. Preceding conditions of approval (1-10) were those recommended by Planning Commission, and agreed to by the Applicant The following conditions of approval (10-18) are those recommended by Staff, based on review of the updated materials supplied by Applicant, with new referral agency comments (Exhibits AA -ll .) 21 MIR High Mese RV Park - D,Dunbar— BOCC 921/09 10. Prior to the acceptance of the Maintenance Agreement, the Applicant shall: A. Revise all sections to comply with the limitations for access for the use and level described in the application, that being: one (1) 119 -unit RV Park with related infrastructure: VVWfF, WTF, 4 ponds, 1 shower/laundry facility, dump station, storage building and campground! office building with easements on three parcels; B. Revise all statements to comply with the limitations for access for the use and level described in the application requirements, as per GarCo Road & Bridge; 11. Prior to any disturbance of land, the Applicant shall provide to Garfield County Planning: A. verification of permits issued to serve the High Mesa RV Park for the two (2) commercial wells, B. any notification and tests required by Garfield County for the wells. 12. Prior to the any disturbance of land, the Applicant shall: A. Design the roadways to meet the following standards: 1. Minor Collector road standards, with an allowable exception of 4 -foot shoulder widths, and 10% grade provided safety features are installed on curves, 2. Design additional safety and drainage enhancements as per GarCo Project engineer on curves (guardrail, culverts) B. Meet the following requirements for road right-of-way and signage: 1. Provide adequate ROW recorded for the public (rather than private) without charge to Garfield County, that being: a. 60 feet for the main access road, b. 20 feet for the emergency road, 2. Additional acreage necessary on the project parcels' boundary along CR 300 is requested to bring the ROW to a full 30 feet from centerline for future road improvements. C. Have in place a plan for chip -sealing of the main access road: 1. If adequately secured, the Applicant may delay chip -sealing the main access roadway to a date no more than 18 months from the BOCC date of approval (9/21/09), or 30 days after EnCana's energy development requiring oversized equipment ends, whichever comes first, 22 MIR High Mesa RV Park - D. Dunbar- BOCC 921/09 C. 2. Prior to chip -sealing, the access roadway shall be built to the standard required by the GarCo Project Engineer's specifications, 3. During all phases (construction, pre -chip -sealing and afterward) the road shall be maintained to meet Garfield County and State air quality standards with a dust mitigation plan, as stated by GarCo Environmental Health Manager. D. Have in place all required plans, agreements, and securities including, but not limited to: 1. Reclamation, 2. Dust mitigation (to meet Colorado Air Pollution Control Commission Regulation 1), 3. Improvements Agreement, 4. Maintenance Agreement, 5. Securities for re -vegetation ($20,549), restoration ($249,036), access road security ($108,906) & chip -seal security ($66,304) E. Have all required plans and permits required by Garfield County and the State of Colorado, including, but not limited to: 1. Road & Bridge for oversized/overweight vehicles and traffic control, 2. Environmental Health for dust mitigation [Control Measures as per APCC Regulation 1, III.D.b.(iv)] incorporated into the plan and an Air Pollution construction permit (State), 3. Planning Department Project Engineer's requirement for cordoning off areas to minimize land disturbance, 4. State Department of Public Health & Environment (CDPHE) required Storm Water Management Plan (SWMP), 5. Record updated easements for the north and south storm water retention ponds, fire flow pond, High Mesa storm water retention pond on the RV Park parcel, if applicable, and revise the Site Plan to depict all necessary easements. F. Prior to any disturbance of land, the Applicant shall provide a GPS shapefile to the satisfaction of the Realty Specialist of the Glenwood Springs Field Office of the Bureau of Land Management to determine the land status of the ingress & egress to the project. 23 MIR High Mesa RV Park -O.Dunbar— BOCC 9.x11/09 13. Prior to any disturbance of land, the Applicant shall provide to the satisfaction of the Garfield County Planning Department Project Engineer: A. proper recorded easements for the Upper Pond, design of the ditch or pipe conveyance to the fire flow pond, and any maintenance road that may be required to the satisfaction of the Garfield County Planning Department Project Engineer, and amend the Site Plan accordingly B. system details (design specifications, easement and maintenance road requirements) if there is to be an augmentation system from the potable water storage tanks, C. a statement from SGM revising the volume of water to be processed through the system to ensure that the water system is adequately sized, if water for augmentation of the fire flow pond is to be processed through the water treatment facility. 14. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a letter from the Grand Valley Fire Protection District acknowledging acceptance of the design and proper installation of: A. the fire flow pond including its water delivery system(s), easements, and maintenance roads from all impoundments and wells required for its operation, B. the emergency access road, its knock off gate, and its surface, C. the fire safety and response plan including the annual inspection date(s) of the fire flow pond, D. an assessment to account for water at the end of spring runoff season to confirm the ready -status of the Upper Pond and Fire Flow Pond, to determine whether additional ground water pumping will be needed, and to initiate arrangements to obtain replacement water from the West Divide Water Conservancy District (WDWCD). 15. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide, along with any notification and tests required by Garfield County, verification of permits, licenses, decrees and inspections required for the facilities to serve the High Mesa RV Park, in specific, for the following: A. two (2) commercial wells, B. wastewater treatment plant, C. water treatment plant, D. operator's license(s). 24 MIR High Mesa RV Park - D, Dunbar— BOCC 9/21109 16. Prior to the issuance of the Land Use Change Permit, all components required for the operation of the RV Park must be completed, including but not limited to: • roadways for access, emergency access and maintenance, • water/irrigation/fire flow systems, • laundry/shower facility, • RV dump station and wastewater system, • recorded easements, • facilities to meet ADA requirements • operational plans and agreements • securities, permits, licenses, notifications, and tests 17. Conditions of Approval must be satisfied within one (1) year of BOCC approval date, as per 4-103(G)(8) of the Unified Land Use Resolution of 2008, as amended. 18, Amendments may be considered in accordance with the Major Impact Review Amendment process of the Unified Land Use Resolution of 2008, as amended, under which it will be administered. VIII. RECOMMENDATION FOR MOTION: "I move to approve a Land Use Change Permit through the Major Impact Review process for the High Mesa RV Park with conditions recommended by Staff." 25 MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: High Mesa RV M1R2509 Date: September 15, 2009 EXHIBIT Below are my comments from July 29, 2009. As part tithe resubmittal, the applicant has provided a ll'etlands Report that was done after my initial comments. The Wetlands Report indicates that two County listed noxious weeds, Russian -olive and tamarisk are located on site. This information was not included in the original vegetation map and vegetation plan. Staff recommends that the applicant treat the Russian -olive and tamarisk located on site prior to the issuance of a permit Please forward treatment records to this office at: Garfield County Vegetation Management POB 426 Rifle CO 81650 July 29, 2009 comments: Noxious Weeds The applicant's description of the noxious weeds located on site is acceptable. The weed management plan is acceptable. Revegetation The applicant has quantified the area of surface disturbance as 7.35 acres. Staff recommends a revcgctation security of $2500/acre for a total of $18,377.00 The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. The Reclamation Standards at the date of permit issuance arc cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). GARFIELD COUNTY Building & Planning Deparirneni Review Agency Form Name of application: High Mesa RV Park Sent to: Garfield County Road & Bridge EXHIBIT i ag Date Sent: August 31, 2009 Comments Due: September 11, 2009 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, c -mailed, or faxed to: Garfield County Building & Planning Staff Contact: Dustin Dunbar 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and 13ridgye Department has only these comments to add to the original comments for this project. The completed emergency driveway access will have to be approved by Garfield County Road apd Bridge Deprtntentprior to any occupancy in the RV Park. As stated in the earlier comments this application has the potential to add to the traffic load at the intersection of Cr. 300 and State Highway 6 & 24. High Mesa RV Park could be asked to contribute to the reconstruction of this intersection. This would be an issue Building and planning would be involved in. Name of review agency: Garfield County Road and Bridge Dept By: Jake 13. Mall Date.. August 31. 2009 Revised 3/30/00 Dtis Dunbar From: Vvendy Swan Sent: Tuesday, September 01, 2009 12:48 PM To: Dusty Dunbar Cc: Judith Jordan Subject: High Mesa RV Park - GarCo Major Impact Review EXHIBIT � CC Hi Dusty, The Garfield County Oil & Gas department does not have any significant comments to add to the Major Impact Review of the High Mesa RV Park. I put the CD back in your box as you requested. Thank you, 1 Dust Dunbar From: Jim Rada Sent: Friday, September 04, 2009 2:48 PM To: Dusty Dunbar Subject: FW: MIR 2509 - High Mesa RV Park Attachments: Jim Rada (jrada@garfield-county.com).vcf; image001.gif; Jim Rada (jrada@garfield- county.com)2.vcf; Jim Rada (jrada@garfield-county.com)3.vcf EXHIBIT 7)7) ff t0, Dusty, I've reviewed the updated materials you gave me relative to the issues 1 noted on my last comments about this application (see below) Regarding dust mitigation: 1.Bell Construction Specification makes no reference to obtaining an Air Pollution construction permit. If greater than 5 acres will be disturbed, a permit will be required; not just filing an Air Pollution Emission Notice. APCC Regulation 9(WE are an attainment area for Particulates) III.D.1.b. New Sources Every owner or operator of a new source or activity that is subject to this Section 111.0 and which is required to obtain an emission permit under Regulation No. 3 shall submit a fugitive particulate emission control plan meeting the requirements of this Section 111,0, at such time as, and as part of, the required permit application_ Such plan shall be approved or disapproved by the division in the course of acting to approve or disapprove the permit application and no emission permit shall be issued until a fugitive particulate emission control plan has been approved III.D.2.b. Construction Activities III.D.2.b.(i). Applicability - Attainment and Non -attainment Areas III.D.2.b.(ii). General Requirement Any owner or operator engaged in clearing or leveling of land or owner or operator of land that has been cleared of greater than five acres in attainment areas or one (1) acre in non -attainment areas from which fugitive particulate emissions will be emitted shall be required to use all available and practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section 111,0, of this regulation. I11.0.2.b.(iii). Applicable Emission Limitation Guideline Both the 20% opacity and the no off -property transport emission limitation guidelines shall apply to construction activities; except that with respect to sources or activities associated with construction for which there are separate requirements set forth in this regulation, the emission limitation guidelines there specified as applicable to such sources and activities shall apply. Abatement and control plans submitted for construction activities shall be evaluated for compliance with the requirements of Section IIID, of this regulation, [Cross Reference: Subsections e. and f. of Section 111,0.2. of this regulation.] III.D.2.b.(iv). Control Measures and Operating Procedures 1 Control measures or operational procedures to be employed may include, but are not necessarily limited to, planting vegetation cover, providing synthetic cover, watering, chemical stabilization, furrows, compacting, minimizing disturbed area irr the winter, wind breaks and other methods or techniques approved by the division. 2. The RV Park Operating Manual Indicates: d. Periodic Maintenance, park, access road and emergency road i. Dust mitigation must be in place throughout the park This will be per the state requirements as defined by the Environmental Health Manager and Colorado DOT The Road Maintenance plan makes a similar reference. I'm not comfortable with this language. Perhaps a better way of putting this would be to say something like.... ...Oust mitigation will be actively conducted throughout the park at all times, utilizing the most appropriate best management practices including but not limited to those recommended for private roads as part of Colorado Air Pollution Control Commission, Regulation 1. APCC Regulation 1(WE are an attainment area for Particulates) 111. D. 2. a. Roadways 111.0.2. a. (i). Unpaved ill. D.2. a. (i). (A). Applicability — Attainment and Non -attainment Areas 111. D.2. a. (i). (8). General Requirement Any owner or operator responsible for construction or maintenance of any (existing or new) unpaved roadway which has vehicle traffic exceeding 200 vehicles per day in attainment areas or 150 vehicles per day in non -attainment areas (averaged over any consecutive 3 -day period) from which fugitive particulate emissions will be emitted shall be required to use all available, practical methods which are technologically feasible and economically reasonable in order to minimize emissions resulting from the use of such roadway in accordance with the requirements of Section 111.0, of this regulation. 111.0.2.a.0). (C). Applicable Emission Limitation Guideline The nuisance emission limitation guideline shall apply to unpaved roadways. Abatement and control plans submitted for unpaved roadways shall be evaluated for compliance with the requirements of Section 111.D. of this regulation. 111.D.2.a.(I).(0). Control Measures and Operating Procedures Control measures or operations procedures to be employed may include but are not necessarily limited to, watering, chemical stabilization, road carpeting, paving, suggested speed restrictions and other methods or techniques approved by the divisioh. ill D.2. a. (i). (E). If the division receives a complaint that any new or existing unpaved roadway is creating a nuisance, it may require persons owning or operating or maintaining such roadways to supply vehicle traffic count information by any reasonable available means for the purpose of determining if they have sufficient traffic to subject them to the requirements of this Section 111.0. ill. D.2, a. (ii). Paved iiI. D.2. a. (ii). (A). Applicability - Attainment and Non -attainment Areas I11. D.2. a. (ii). (8). General Requirement 2 Any person who through operations or activities repeatedly deposits materials which may create fugitive particulate emissions an a public or private paved roadway is required to submit a control and abatement plan upon request by the division which provirte$ for the removal of such deposits and appropriate measures to provent future deposits such that fugitive particulate emissions which may result are minimized; except that sand, salt or other materials may he dropped on snow or ice covered roadways for the purpose of safety and such deposits shall not be required to be removed on a more frequent basis than the community's normal street cleaning schedule except as otherwise provided in an applicable SIP provision. ill.D.2.a.(ii),(C). Applicable Emission Limitation Guideline The nuisance emission limitation guideline shall apply to paved roadways. Abatement and control plans submitted for paved roadways shall be evaluated for compliance with the requirements of section Ill. D. of this regulation. lll.D.2.a.(ii).(D). Control Measures and Operating Procedures Control measures or operational procedures to be employed may include but are not necessarily limited to, covering the loaded haul truck, washing or otherwise treating the exterior of the vehicle, limiting tha size of the load end the vehicle speed, watering or treating the load with chemical suppressants, keeping the roadway access point free of materials that may be carried onto the roadway, removal of materials from the roadway and other methods or techniques approved by the division. Regarding the water and wastewater facilities: I saw the flow calculation changes and am satisfied that this new information makes wastewater flows more consistent with potable water flows. I have not been asked at this point to review the water and wastewater applications to provide local health authority approval to CDPHE to proceed with permitting but I anticipate this will happen some time after the MIR is completed. Again, thanks for the opportunity to review this application. Jim Rada, REI -15 Enviroi+menlal Health Manager Garfield County Public Hoalth 105 W 14'" Street Rite CO 81650 PI iune •97() 625-5200 x8113 Cell 970-319-1579 Fax 070 625 8304 Email irada@garlield-WunlY.c9m uVeb www gar -field county.corn From: Jim Rada Sent: Sunday, August 02, 2009 8:58 AM To: Dusty Dunbar Cc: 'mark.kadnuck@state.co.us' Subject: FW: MIR 2509 - High Mesa RV Park Dusty, Regarding the above referenced application, I offer the following comments: 1. The narrative indicates that this project will not generate dust, vapors etc. During construction it appears that the applicants will be disturbing a substantial area of land. I could not find an exact number but I did see a reference to roughly 50% of the parcel will remain open space. That said, there could be disturbance of 15-18 acres. The soils report indicates that the topsoil contain a substantial amount of fine material. CDPHE APCC Regulation 1 requires an air pollution construction permit as noted in the excerpted language below. This permit must be obtained and control plans developed and implemented before construction/land disturbance begins. 4 lII.D.1.b. New Sources Every owner or operator of a new source or activity that is subject to this Section III.D. and which is required to obtain an emission permit under Regulation No. 3 shall submit a fugitive particulate emission control plan meeting the requirements of this Section III u at such time as, and us pull of, the required permit application. Such plan shall be approved or disapproved by the division in the course of acting to approve or disapprove the permit application and no emission permit shall be issued until a fugitive particulate emission control plan has been approved, 111.0.2.b. Construction Activities 111.D.2.b. (i). Applicability - Attainment and Non -attainment Areas 111. D. 2. b. (ii). Genera! Requirement Any owner or operator engaged in clearing or leveling of land or owner or operator of land that has been cleared of greater than five acres in attainment areas or one (1) acre in non -attainment areas from which fugitive particulate emissions will be emitted shall be required to use all available and practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section ill. d. of this regulation. 2 Once the operation is underway, at peak operations, there is a likelihood that the private roads internal to the RV Park will exceed the CDPHE APCC Regulation 1 200 vehicle per day threshold, thereby kicking in the requirements for dust mitigation for the internal roads, I did not see any plan for dust mitigation on this site. in light of increasing PM 10 levels in the Parachute/Battlement Mesa area, I recommend that the applicant provide a dust control plan that , at minimum meets the requirements of CDPHE APCC Regulation 1. 111.0.2.a. Roadways 111.112.a.(0. Unpaved 111.0.2. a (i). (A). Applicability — Attainment and Non -attainment Areas 111.0.2 a. (i). (B). General Requirement Any owner or operator responsible for construction or maintenance of any (existing or new) unpaved roadway which has vehicle traffic exceeding 200 vehicles per day in attainment areas or 150 vehicles per day in non -attainment areas (averaged over any consecutive 3 -day period) from which fugitive particulate emissions will be emitted shall be required to use all available, practical methods which are technologically feasible and economically reasonable in order to minimize emissions resulting from the use of such roadway in accordance with the requirements of Section 111.D. of this regulation 3.There appears to be a conflict between the water system design volumes and the wastewater treatment system design flow numbers. The water system calculations are based on 120 sites, 100 gpdisite, 10 washing machines at 250/machine/day and an office at 90 gpd. This calculates to just over 15,000 gallons per day peak use With 10% consumptive use, the wastewater treatment plant could need to process in the order of 13.500 gpd The preliminary WV►frP design is for 10,000 gpd. I have not received the formal review request at this point from CDPHE for either the WTP or WVVTP. I am copying Mark Kadnuck on this email to alert him to this concern. A couple of local precedents come to mind regarding this issue. The Camper Park in CR 319 had to design an ISDS capable of managing waste flows from a 100 gpdisite water system. Also, Elk Creek campground, modified to provide oil and gas housing showed families moving in to the site long term, creating a much greater chance that higher volumes (greater than 50 gpdisite as proposed by the WWTP design engineer) of water will be used. 4. The remaining comments on my original review of this application (below) still apply. Thanks again for the opportunity to participate in this process. 5 Jim Rada, RE -15 Cnvironme nfal Hn,illh Manager Garfield County F'iblir 195 W 14' .boil Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-15.N Fax 970 625 8301 Email iradal9arfleld _counly.ro0i Web ►wrw.garGeld-oaunt' corn From: Jim Rada Sent: Monday, April 20, 2009 3:46 PM To: Dusty Dunbar Subject: MIR 2509 - High Mesa RV Park Dusty, I offer my comments regarding the referenced project: 1. The store facility will require a License to Operate a Retail Food Establishment in the State of Colorado. In order to receive a license, prior to construction of the facility, the applicant will be required to submit to a plan review along with any associated inspections by the Colorado Department of Public Health and Environment, Consumer Protection Division. The retail food program lead for Garfield County at this time is Leann Duinn, 303-692-3422. 2. The application indicates that the potable water system is under review by CDPHE. 7-401.A(3), Page 14 of the narrative, indicates that water quality tests will be made prior to occupancy. Water quality tests are generally required for submittal with applications for the potable water system so that the WQCD can determine adequacy of the treatment system design. To date, I have not received a water supply design for review and signature regarding this system as is standard procedure for pubic systems. I recommend that CDPHE approval for the water system be obtained before site disturbance is allowed. 3. The application indicates that the wastewater treatment system is under review by CDPHE. To date, I have not received a wastewater treatment design for review and signature regarding this system as is standard procedure for pubic systems. I recommend that CDPHE approval for the water system be obtained before site disturbance is allowed. 4. No discussion of solid waste management is included in the proposal. 5. No discussion of dust mitigation during construction or after operation begins. 6. I count about 12 light poles for the park. Lighting at the park should be of a type that directs light in a manner that has minimal impact with regard to light pollution. 7. No mention of obtaining a stormwater permit from CDPHE. Construction drawings indicate that the owner shall obtain a stormwater management plan from CDPHE. Under an approved stormwater permit, the owner must develop and maintain (update as needed) a stormwater management plan. Thanks for the opportunity to review this application Jim Rada, R[.h5 Elydirprr!nenlal Health fvlaii u1er Garfield County Pubhr_ r+ealU 105 W 14'' S4 eel Rale CO 81650 Phone 970 625 520(1 x411 6 2=v Dunbar From: Mark Kadnuck[makadnuc@smtpgate.dphe.state.co.us] Sent: Friday, September 04, 2009 4:23 PM To: Dusty Dunbar Subject: High Mesa RV Park EXHIBIT 1 EE Based on the information provided the system will be considered a public water system and the wastewater system will be state regulated. The water system must go through our plans review and approval process and the wasterwater system must go through our site application and design review and approval process_ Both systems will require licensed operators. Design approval from the state is required before construction can begin on both the water and wastewater systems. Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark. kodnucktrr.st.rie_(:u.us 1 •" PARACHUTE, CO 81635 Cr PHONE: 285-9119, FAX (970) 285-9748 VRtl•r Aesc.s 1777 S. BATTLEMENT PARKWAY, PO BOX 295 0 GRAND VALLEY FIRE PROTECTION DISTRICT September 11, 2009 Dusty Dunbar Garfield County Planning Dept —Rifle Airport Office 0375 County Rd 352 —Building #2060 Rifle. Colorado 81650 Subject: High Mesa RV Park Ms. Dunbar, EXHIBIT FF I have reviewed the High Mesa RV Park Major Impact Review Application. The one concern I do see is the Fire District would like the Fire pond to be full at time construct begins. This will help the Fire District have a water supply on site for any initial mitigation of any Wildland fire and/or initial attack of buildings under construction. The Fire pond must be able to maintain the minimum 50,000 gallons of water storage at all times. The rest of the application appears to be consistent with the reviews that already been conducted on this property with corrections made where required for the Fire District. I did notice in the review that any water needed to maintain the 50,000 gallons of water can be transferred from the storage tank of this facility if needed. I have personally been out to this property and drove all access roads with Fire Apparatus and there are no problems at this time or at the time I approved the new access roads for emergency use. Even with the Fire Districts review of the plans it is the responsibility of the owner to make sure the building complies with the International Fire Code 2003 Edition. If you should have any further questions please feel free to contact me. Rob Ferguson Deputy Fire Chief— Operations Cc: Chief Blair File To: Dusty Dunbar From. John Niewoehner Project Engineer s Garfield County Date: September 15, 2009 RE: High Mesa RV Park - Engineering Review EXHIBIT 4.Q 13.1 I reviewed the most recent submittal (received September 2nd) against my July 28, 2009 comment memo. 1 Easement Map and Legal Easement Documents • In the well easement description, it appears that the line to the second well is incorrectly labeled as 200.00 feet. Per the easement map, this line should be 202.56 feet. The bearing is also wrong. • On the emergency access easement on the Daybreak property, L42, L43, L44 and L45 lengths from the map do not match the lengths in the easement description. • Recordation of easements must be a Condition of Approval. • Construction and slope easements for the two access roads do not require easements since the property owners have become co -applicants on the RV Park application. 2. Securities: 3 Letters of Credit (LOC) are needed to guarantee re -vegetation and/or site restoration if the project is not completed. SECURITY TYPE AMOUNT MINIMUM EXPIRATION DATE RELEASE OF SECURITY BY COUNTY PURPOSE Restoration of $249,036 Note #4 18 months after BOCC approval After RV Park receives County Permit Guarantees the restoration of land to pre - development conditions excludin• re-ve•etation) ` RV Park and Appurtenances Note #1 Access Road $66,304 Note #5 2.5 years after BOCC approval 3 years after BOCC approval After Chip -seal is approved by County Guarantees that Applicant will perform chip -seal by March 2012; one-year after the Park receives its •ermit. Chi • -seal Note #2 Re -vegetation $64,900 Note #6 After re- vegetation is approved by County Guarantee adequate re - vegetation w/o weeds. Note #3 Note #1 foi Restoration (a) Release of restoration security will occur after the County grants the permit denoting that the all required RV Park elements have been constructed. (b) Presuming that the RV Park is approved in September 2009, the construction must be completed by September. The LOC must be valid for six months after the target completion date. (c) The Applicant will not have to restore the Main Access Road if the RV Park is riot completed. l-1owever, the Applicant must restore all other land disturbances including the emergency access road, fire and detention ponds, and the area within the RV Park. Note #2 for Chip -Seal The Applicant wants to delay the chip -seal of the Main Access Road until one-year after the target completion date. Thus, the chip -seal must be complete by September 2011 and the chip -seal security must be valid until March 2012. Note #3 for Re -vegetation The re -vegetation security includes all of the area disturbed by construction. When the permit is granted to the RV Park and the restoration security is returned, the portion of the re -vegetation security under the completed RV Park and appurtenances can be returned to the Applicant. Note #4, Cost of Restoration Engineer's cost estimate items: #1 $23,872 #2 $20,885 #4 $115,452 #5 $24,800 #12 $8,562 #13 $6,125 #17 $149 #18 $151 #90 $26.400 $226,396 + 10% = $249,036 Note #5, Cost of Chip Seal. Cost as provided by Applicant's engineer Note #6: Cost of Re -vegetation Main Access Road outside of surfacing: Emerg Access Road outside of surfacing Area under Emerg Access Rd surface Area under detention basins Area under fire pond Area under fire pond Area under RV park 1.93 acre [line#106; 9359 sy] 1.64 acre [line#107, 7954 sy] 2.02 acre [4400'x20] 0.44 acre [3 basins x 80'x80] 0.23 acre [100'x100'] 1.38 acre [200'x300'] 16.0 acre 23.6 acre Cost of re-veg = 23.6 acre x $2,5001acrea = $59,000 + 10% = $64,900 Kms+ Point: When the RV Park is complete, and the permit issued, only $20,548 needs to be retained to guarantee re -vegetation of the areas of primarily the cut and fill slopes. 3. Variances from Standards. Road slope and sharpness of curves 4. Maintenance Agreement: TO DO. Clarify how the Maintenance Plans becomes part of IA. Wastewater treatment Plan Flows: TO DO: Included are two CDPHE applications for the wastewater treatment plan, One with a 10,000 gallon per day (gpd) flow and a second application with a 19,000 gpd flow. Presumably, the 10,000 gpd application has been superseded by the 19,000 gpd application. Has the second application been sent to the State yet? It looks to me like it hasn't. 6. Other • TO DO In the IA, recital #1, a reception number of 70059300 is given for the deed, I couldn't find this reception number in our computer system. County reception numbers have only six digits. • TO DO: Isn't a culvert needed where the emergency access road connects to CR 300? Comments for use in the Staff Report to BOCC Under 5 (q), you can include this as my comment: The County Project engineer notes that the 10% grade on the main access road occurs on a curved part of the road. The combination of the steep grade and the curve increases the risk to those using the road. Per the County Code, the maximum grade of such minor collector roads is 8% The Applicant proposes to mitigate the excessive slope by posting a speed limit of 20 mph. The Code allows BOCC to approve excessive slopes (Section 7-209 H). The Staff recommends that should the BOCC approve the access road slope, that no additional development will occur prior to the road being reconstructed to meet County roadway design standards. Under 5 ), you can add this comment: The reclamation security amount proposed by the Applicant is inadequate to restore the land disturbed by the emergency access road. The Applicant says that, if the project is not competed for some reason, they would like the emergency access road to remain as a driveway to the property. From: Carole_Huey@blm.gov [mailto:Caroie_Huey@blm.gov] Sent: Tuesday, September 15, 2009 3:11 PM To: Dusty Dunbar Subject: Referral - High Mesa RV Park EXHIBIT Dusty, Thank you for the opportunity to comment on this proposal. Looking through the files, I am unable to determine the land status of the ingress & egress to the property, and their associated utilities. I would like to have GPS shapeflies of these if possible. I would like to have time to see what impacts this may have on public lands. NNN N hi N N N N N N N /v N N NN Carole Huey Realty Specialist, BLM Glenwood Springs Field Office 2300 River Frontage Road Silt CO 81652 970.876.9023 EL2b, Dunbar From: Bender, Mike [Mike Bender@state.co.us) Sent: Wednesday, September 16, 2009 2:59 PM To: Dusty Dunbar Cc: Lis, Craig Subject: Referral - Proposed High Mesa RV Park Ms. Dustin Dunbar, Senior Planner Garfield County Planning Department 0375 County Road 352, #2060 Rifle, CO 81650 Dear Ms, Dunbar, This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning directors, this office will only perform a cursory review of the referral information and provide comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. The following numbered statements are general comments and observations: 1. Well Permit applications to change the use of Speakman Monitoring Wells Nos. 1 and 2 to commercial use have not been filed with this agency. 2. Daybreak Realty LLC has filed an application for water storage rights in Upper Pond and Fire Pond with Division 5 Water Court in case no. 2009CW56, but no decree has been issued. The deadline for statements of opposition to be filed was August 31, 2009 3. The 2 acre-feet of replacement water to be supplied annually by the West Divide Water Conservancy District (WDWCD), according to the lease provided and the supporting table, for depletions caused by all pumping of the proposed commercial wells appears to include one complete filling of the 50,000 -gallon Fire Pond. 4. In subdivision reviews, DWR does not approve fire protection systems that include reservoirs or ponds that are to be filled by wells because such systems generally are not managed to account for losses caused by seepage, leakage, and/or evaporation. The proposal indicates that Fire Pond is expected to be filled to the required 50,000 -gallon volume annually by runoff and to be maintained throughout the remainder of the guest season by releases from Upper Pond. (This plan assumes approval by the Water Court of the storage rights application.) If surface runoff is in short supply, the applicant proposes to fill and maintain Fire Pond with ground water from the commercial wells. All uses of the commercial wells will cause stream depletions and are subject to the requirement for replacement of those depletions. The proposal should include provisions for: 11] additional use of the commercial wells to fill and maintain Fire Pond if surface runoff storage is unavailable or insufficient to operate the fire protection system (this must also be addressed in the well permits), and [2] an increase in the amount of replacement water to be supplied by WDWCD so that all stream depletions are replaced if pumping increases beyond the planned amounts. i Furthermore, an annual assessment should be conducted at the end of the spring runoff season regarding the status of Fire Pond and Upper Pond and their readiness for fire protection. The report of this assessment should go to Grand Valley Fire Protection District, stating whether additional ground water pumping will be needed to maintain Fire Pond during the subsequent guest season and initiating arrangements to obtain additional replacement water from WDWCD. Should you have any questions about these comments, please write back or call me at (303)866-3581. G. Michael Bender Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 Phone; (303)866-3581 2 CA: Garfield County To: Nathan Bell From: John Niewoehner Project Engineer Date: September 15, 2009 RE: High Mesa RV Park – Engineering Review EXHIBIT Securities: The securities could be 3 separate Letters of Credit (LOC) or one LOC that is released incrementally f SECURITY TYPE AMOUNT PURPOSE —. Restoration of $291,333 Note #4 Guarantees the restoration of land to pre -development conditions RV Park and Appurtenances Note #1 Access Road $66,304 Note #5 Guarantees that Applicant will perform chip -seal by March 2012; one-year after the Park receives its permit. Chip -seal Note #2 Re -vegetation $22,603 Note #6 Guarantee adequate re -vegetation w/o weeds. Se Note #3 Note #1 for Restoration: Release of restoration securit will occ fter the County grants the permit denoting that thea required RV Park elements have been constructed. Note #2 for Chip -Seal: The Applicant wants to delay the chip -seal of the Main Access Road until one-year after the target completion date. Note #3 for Re -vegetation: The re -vegetation security is only for areas that need to be re -vegetated after RV Park is built. (Typically cut and fill slopes.) If the project is not competed, the County will use both the reclamation security and the re -vegetation security to return the site to pre -development conditions. Note #4, Cost of Restoration: Engineer's cost estimate items: #1 $23,872 #2 $20,885 #4 $115,452 #5 $24,800 #12 #13 #17 #18 #90 Re-veg $8,562 $6,125 $149 $151 $26,400 $38.452 (see note #6) $264,848 + 10% = $291,333 Note #5. Cost of Chic) Seal: Cost as provided by Applicant's engineer Note #6: Cost of Re -vegetation Main Access Road outside of surfacing: Emerg Access Road outside of surfacing Area under Emerg Access Rd surface Area under detention basins Area under fire pond Area under fire pond Area under RV park 1.93 acre [line#106; 9359 sy] 1.64 acre [Mein 07, 7954 sy] 2.02 acre [4400'x20] 0.44 acre [3 basins x 80'x80] 0.23 acre [100'x100'] 1.38 acre [200'x300] 16 0 acre 23.6 acre Total Cost of re-veg = 23,6 acre x $2,500/acrea = $59,000 Amount of Re-veg Security Separate from Reclamation Security: Cost to re-veg areas after RV is built and permit issued = $20,548 + 10% = $22,603 Re-veg Cost Included in Reclamation Recalamtion Security = $59,000 - $20,548 = $36,452 [excludes the 10% since it is added at end of reclamation calc.] Key Point: When the RV Park is complete, and the permit issued, $22,603 needs to be retained as the re-veg security. Item B-2 Item B.5.A Resolution Items Federal, State and County regulations Main Entrance Road Fire District design variance DESIGN 100% CONSTRUCTION Company NOTES Bob Permits will be applied for The main entrance road has been partially constructed to comply with this section. The portions left to construct include a steep grade modification, signage and safety features on required corners. Apron is already in place. 70% BC Item 10-F Maintenance Agreement - All aspects of the RV Park 25% Bob Potable Water 50% EPC Environmental Process Control will be maintaining the WWTP and WTP Alan Leslie Operator ID #3694 Waste Water Systems 50% EPC Environmental Process Control will be maintaining the WWTP and WTP Alan Leslie Operator ID #3695 Item 11-A Water Wells Commercial Well Permits 100% Well Testing 100% SGM Water Quality Study 100% SGM Results received 9/11/17 Item 12.A.1 Entrance Roadway Design Design Compliance 100% BC The main entrance road design does not exceed 10% and includes saftey features on curves. Item 12.A.2 Entrance Roadway Design Saftey and Drainage 100% BC The main entrance road design does not exceed 10% and includes saftey features on curves. Item 12.B Road Easements main access and emergency 100% BSS The main entrance road design does not exceed 10% and includes saftey features on curves. Item 12.0 Main Access Road Chip sealing plan 100% Bob The 18 month time frame has expired, so this will have to be completed prior to the LUC permit being issued. Item 12-B Easements (Most of these appear on the site plan survey) Holy Cross Energy Electric Easement 95% Ready to be signed and recorded [abbe Upper Pond Access and Agreement 95% Ready to be signed and recorded K -....p__ Upper Pond Easement and Agreement 95% Ready to be signed and recorded CO Well Access and Utility Easement and Agreement 95% Ready to be signed and recorded Dedicated Drainage Easements 95% These will also be on the easement plat that will be recorded. Waiting on Legal Blanket Easement and Agreement Easement Agreement High Mesa Easement Agreement Daybreak 95% 95% 95% Easement and Agreement for on site easements as they appear on the easement plat. Ready to be sighned and recorded Agreement for High Mesa to Maintain facilities on Daybreak parcel. Ready to be signed and recorded Agreement for Daybreak to Maintain facilities on High Mesa parcel. Ready to be signed and recorded Emergency Road Maintenance Agreement 95% Ready to be signed and recorded Road Maintenance Agreement High Mesa Storm Water Retention Pond 95% Ready to be signed and recorded 95% Ready to be signed and recorded Water Pipeline ROW Daybreak to High Mesa 95% Ready to be signed and recorded Water Pipeline ROW High Mesa to Daybreak 95% Ready to be signed and recorded Ready to be signed and recorded Ready to be signed and recorded Recorded Recorded Holy Cross Energy Electric Easement 95% General Maintenance Agreement High Mesa Park Operations 95% Fire Pond and Utility Easement Agreement Recorded at 867824 Right of Way Agreement - Speakman to High Mesa, Individual Recorded at 867821 Recorded at 867826 Recorded at 867822 Water Tank Access and Utility Easement and Agreement Recorded Access and Utility Easement and Agreement Recorded Waste Water Treatment Facility, Access and Utility Easement and Agreement Recorded at 867825 Recorded Storm Water Facility Access and Maintenance Easement Agreement Recorded at 867823 Recorded at 867827 Recorded at 867828 Recorded Right of Way Agreement - High Mesa to Public Recorded Emergency Access and Utility Easement Agreement Right of Way Agreement - High Mesa and Speakman to Daybreak Realty for road construction and maintenance Recorded Recorded at 867829 Recorded Item 12-D Have in place all required plans, agreements and securities including but not limited to 0% 0% Item 12-D-1 Reclamation plan 100% 100% N/A BC BC The reclamation plan is complete and will be part of the Storm Water Permit Plan. Item 12-D-2 Item 12-D-3 Dust Mitigation (to meet Colorado Air Pollution Control Commission Regulation 1) The plan is in design. An application will be made to the State prior to commencement of construction. Improvements Agreement Bob According to David Pesnichak this was for the chip sealing which will have to be completed before the LUC is issued Item 12-D-4 Maintenance Agreement 95% Bob Ready to be signed and recorded Item 12-D-5 Securities for reclamation, re- vegetation and chip seal 0% Bob Must be in place before dirt is moved Item 12 E Required Plans and Permit Item 12-E-1 Road & Bridge for oversized/overweight vehicles and traffic control 0% see notes Bob Will be done within 30 days of construction commencement Item 12-E-2 Item 12-E-3 Dust Mitigation Land Disturbances Environmental Health for dust mitigation (control measures as per APCC Regulation 1,III.D.b.(iv)) incorporated into the plan and an Air Polution construction permit (state) 50% 100% 0% 0% BC BC BC must be in place before dirt is moved Land disturbance areas are noted on the Construction Plan set by Bell Consulting LLC and are also delineated on the Storm Water Management Plan The SWMP is complete and the application will be made to the CDPHE prior to commencement of construction. Planning Department Project Engineer's requirement for cordoning off area to minimize land disturbances Item 12-E-4 Storm Water Management Plan (SWMP) State Department of Public Health & Environment (CDPHE) requirements 100% Recorded at 867823 DUPLICAT Eoflt12B AND 12.E.5 0% Item 12-E-5 Updated Easements North Storm Water Retention Pond DUPLICATE of 12B and 12.E.5 DUPLICATE of 12B and 12.E.5 South Storm Water Retention Pond Lower Fire Flow Pond Recorded at 867823 DUPLICAT E of It 12B AND 12.E.5 Recorded at 867824 DUPLICAT E of 12B DUPLICATE of 12B Upper Fire Flow Pond DUPLICAT E OF 12B AND 12.E.5 DUPLICATE of 12B Item 12-F High Mesa Storm Water Retention Pond on RV Park Parcel if applicable and revised site plan depicting all necessary easements 95% 75% 100% This is shown on the site plan and will be on the Plat. EASEMENT PLAT IS READY TO BE SIGNED AND RECORD ONCE IT IS APPROVED, Easement doc is ready to be signed and approved GPS shapefile prior to disturbance of land this must be provided to the satification of the Realty Specialist of the Glenwood Spring Field Office of the BLM (determine land status of ingress & egress to project BSS and BC This will be provided upon completion of all construction plans and easement documents Item 13 Fire Protection and Well design Upper Pond Fire Protection plan is done and approved by Fire Chief Fergeson Item 13-A Proper recorded easements (appears to be duplicate requests of Items 12-B and 12-E-5) DUPLICAT E OF 12B AND 12.E.5 100% 0% BC Appears to be duplicate request of Items 12-B and 12 - E-5 The conveyance channel is included in the 2017 construction plans Design of the ditch or pipe conveyance to Lower Fire Flow Pond Item 13-B Maintenance Road for the Upper Pond DUPLICAT E OF 12B AND 12.E.5 BSS Duplicate of Upper Pond Access and maintenance in Item 12B and 12.E.5 above All easements have been added to the overall site plan, just needs signed and recorded Amended Site Plan 95% BC Well System Details Design Specifications 80% SGM Easement and Maintenance Road requirements (appears to be a duplicate request) DUPLICAT E OF 12B AND 12.E.5 Duplicate request, Easement is prepared and ready to be signed and recorded. See item 12B and 12.E.5 above Item 13-C Potable Water System If potable water is to be used to fill fire retention pond(s), a statement from SGM revising the volume of water to be processed through the system to ensure adequately sized Letter accepting design and proper installation of: N/A 100% 100% 100% SGM Wells will not be used to fill any of the ponds Item 14 Grand Valley Fire Protection Distrct Have letter from Fire Chief Fergeson Item 14-A Fire Flow Pond including water delivery system(s) 0% 25% BC and BSS Design is complete. Construction is not complete Design is complete. Construction is not complete Easements and Maintenance Roads from all Impoundments and wells required for its operation Item 14-B Item 14-C Item 15 Emergency Access Road and knock off gate and it's surface 100% 100% TBD 25% BC and Bob Design is complete. Construction is not complete, Speakmans is adding a chain and his lock and Fire Chief Ferguson will inform us when they have their lock added. This meets Fire Dept. requirements for knock off gate per letter from Chef Ferguson dated 7/17/17 Verification of Permits, Licenses, Decrees and Inspections Fire Safety and response plan Annual Inspection date(s) of the fire flow pond Bob This was submitted as part of the Park operations and appears in the Appendices J.vi Fire Chief Ferguson has approved the existing plan and provided us a letter to same. To be determined Item 15-A 2 Commercial Wells 100% 80% SGM Commercial Well permits have been obtained Item 15-B Wastewater Treatment Plant SGM Preliminary effluent limits have been requested from CDPHE. The Site Application is being put together currently. Equipment seletion will happen by 8/18/2017. WWTF should be fully permitted for construction by Spring 2018 Item 15-C Water Treatment Plant 80% Water quality testing was redone 8/3/2017. Equipment selection will happen by 8/18/2017. Permitting with CDPHE will begin mid September. WTP should be fully permitted for construction by SGM Spring 2018 Item 15-D Operators License(s) Completed Bob EPC (Environmental Process Control) has agreed to be the licensed operator for the water and waste water facilities with Alan Leslie as Operator, ID# 3694 1 Item 16 THE FOLLOWING ITEMS MUST BE BUILT BEFORE THE LUC PERMIT IS ISSUED The main entrance road has been partially constructed in compliance with plans and specifications. The portions left to construct include a steep grade modification, signage and safety features on required corners. Land Use Change Components required Roadways for access, emergency access and maintenance Water, Irrigation and Fire Flow systems BC Item 16-A 100% 100% 70% 0% Item 16-B Item 16-C Restroom and Shower facility 0% Bob Item 16-D RV dump station and Wastewater system 80% 0% BC and SGM The easements for these will appear on the RV Park Plat Item 16-E Recorded easements 90% Still waiting on some legal descriptions to complete the remaining easements Item 16-F Facilities to meet ADA requirements 100% 0% The park design complies where necessary. Main building by others. Item 16-G Operational plans and agreements 50% Bob Still in the process of putting these together Water decree has been filed under case number 2017CW3046 with the Garfield County Courts Item 16-H Securities , permits, licenses, notifications and tests including water decree for two (2) storage ponds Water Decree Filed, Dated 2/28/2017