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HomeMy WebLinkAboutStaff Memo 10.23.2020Garfield County Community Development Department October 23, 2020 Travis Coggin tcoagin(a�gmail.com RE: 7W Guest Ranch Existing Approvals Dear Mr. Coogin, This letter is a response to a request for information regarding the history of the 7W Guest Ranch approvals. The property is located at 3412 County Road 151, Gypsum, CO 81637 and is known by the Garfield County Assessor Parcel No. 186328100118. Based on Staff's review of the available records, the property has historically been operated as a guest ranch and has subsequently gone through special use permitting process — one in 1995 and one in 2004. Community Development records from 1995 indicate that the applicant's proposal to expand Guest Ranch operations was Conditionally Approved via Resolution 95-045. One of the Conditions of Approval required that, prior to the issuance of the Special Use Permit, the applicant submit a new metes and bounds description for the resort. Documentation of this submitted survey was not found in the available records and there is no documentation that shows the issuance of a Special Use Permit. However, as part of the Staff Report from 2004, Staff indicated that the facility had been operating as a resort since 1947 and had been operating in compliance with the 1995 Special Use Permit. As described in the Staff Report for the public hearing on December 12, 2004, the property owner applied for a new special use permit to, "bring the current uses, proposed improvements, and non -conforming changes into compliance with Garfield County Regulations, through a new Special Use Permit that addresses all uses on the site." The proposal was Conditionally Approved via Resolution 2005-24, with a number of conditions that were required to be met prior to the issuance of the Special use Permit. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 Staff research shows that based on the available information, the Special Use Permit for the 2004 approval was not issued. This determination was based on a note from a file sweep in 2012 indicating that multiple Conditions of Approval had not been completed, the fact that the Community Development Department has no Special Use Permit on file, and an email in Building Permit No. 9500, from 2005, which indicates that the Special Use Permit had not been issued at that time. Based on available documentation, it is Staff's opinion, that the 2004 approval has lapsed, and the property is operating under the 1995 approval. Review of additional information may change Staff's determination in the future. If there are further questions on this letter or possible future uses on the property please contact Staff Planner Patrick Waller at pwaller(c�garfield-county.com. Sincerely, She !Bower, AICP Co unity Development Director 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 7W Guest Ranch Letter Exhibit List Exhibit Letter (Numerical) Exhibit Description 1 Resolution 95-045 2 Resolution 2005-24 3 Excerpt From 12/12/04 Staff Report 4 Excerpt From Building Permit No. 9500 5 File Sweep Letter 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 479042 B-943 P-174 06/06/95 01:OOP PG 1 OF 3 REC DOC MILDRED AISDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) )ss County of Garfield ) NCH At a rPp), 1 a meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 5th of June A.D. 19 95 , there were present: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney Don DeFord Mildred Alsdorf Chuck Deschenes Commissioner Chairman Commissioner Commissioner County Attorney Clerk of the Board County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 95-045 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR SEVEN W GUEST RANCH. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Anthony Perry/Seven W Guest Ranch to allow for the operation and limited expansion of a resort on the following described tract of land: SW 1/4 SE 1/4 and the West 10 acres of the SE1/4 SE1/4 of Section 21 and the NE 1/4 Section 28, T3S R87W of the 6th P.M. (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 10th day of May, 1995, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said -Special Use Permit; and - WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 479042 B-943 P-175 06/06/95 01:00P PG 2 OF 3 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the above described tract of land for the operation and limited expansion of a resort, upon the following specific conditions: All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. The resort will comply with the State Department of Gealth, Consumer Protection Division, licensing requirements for a commercial kitchen, if required. 3. Prior to issuance of the Special Use permit, a new metes and bounds description for th resort shall be submitted to the County Planning Department. 4 All structures will be built to conform with the Colorado State Forester wildfire prevention guidelines, specified in the pamphlet " Wildfire Protection in the Wildland Urban Interface", prepared by the Cilirado State Forest Service (C.R.S. #143-691). Dated this 574 day of 9 -n-�-- ATTEST: A D 199.5 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board • Chairman vote: Upon motion dulw {hide and seconded the foregoing Resolution was adopted by the following Marian 1. Smith Arnold L. Mackley Elmer (Buckev) Arbaney Aye . Aye Aye 479042 B-943 P-176 06/06/95 01:OOP PG 3 OF 3 STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A D 19 County Clerk and ex -officio Clerk of the Board of County Commissioners 111111! 111! 11111111111111111111111 11 1 1 1 11111 11111111 668722 02/16/2005 10:56A B1663 P194 M ALSDORF 1 di 6 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) f At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 20th day of December, 2004, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005-24 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT (SUP) FOR A RESORT FOR 7W GUEST RANCH, LLC, MARK WILHELM WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from 7W Gucst Ranch, LLC, Mark Wilhelm for a SUP to allow for a Resort designation at the 35.001 acre site in a tract of land located in the NE '/ of Section 28, Township 3 South Range 87 West of the 6th Principle Meridian; also located at 3412 County Road #151 in the Sweetwater area of northeast Garfield County and known as Parcel #186328100111 by the Garfield County Assessors office; and WHEREAS, the subject property is located in the A/R/RD Agricultural/Residential/ Rural Density zone district which contemplates a "Resort" as a SUP within that district; WHEREAS, 7W Guest Ranch, LLC, Mark Wilhelm specifically request approval for a Resort to include the uses and activities as specified in the conditions of approval found in this resolution; and WHEREAS, the Board held an initial 1st public hearing on the 4`h day of October, 2004, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit and where the public hearing was continued to allow the Applicant additional time to generate and provide outstanding and necessary information and present said information on November 15th, 2004, at a regular BOCC meeting; and 1111111 111111111111111111111111I11111111II111111111 • 668722 02/16/2005 10:56A B1663 P195 M ALSDORF 2 bf 6 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board opened a continued the public hearing on a 2nd meeting date on the 15th day of November, 2004, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit, and where the public hearing was, for a second time, continued to allow the Applicant additional time to generate and provide outstanding and necessary information and present said information on December 20th, 2004, at a regular Board meeting; and WHEREAS, the Board opened and continued, for a second time at a 3rd meeting, a public hearing on the 20th day of December, 2004, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantia] competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. Thar the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with Sections 2.02.448, 3.02.03, 5.03 and 9.03 of the Garfield County Zoning Resolution of 1978, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the designation of resort at the site identified in the application, upon the following specific conditions: 1. That all representations and agreements of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The applicant shall obtain all building permits and inspections consistent with the adopted rules and regulations of Garfield County for all development within the resort area. 2 7W Guest Ranch, SUP 2/14/05 11111111111111II22 I11111111111111*11105 10:56A Bloo3196 1111111111111111 • M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 3. The Applicant shall submit a new Special Use Permit application for approval if in the future any new improvements or activities are desired as part of a resort designation and not specifically identified in this application. 4. The installation of all required ISDS upgrades or replacements shall comply with the Colorado Department of Health ISDS (septic) setback standards, which shall be verified and certified by a registered Colorado engineer. Additionally, an engineering report regarding ISDS improvements, which demonstrate how they are capable of serving new development requirements, shall be submitted with any new building permit application to the Building and Planning Department. 5. Certain activities associated with the resort which will take place on USDA Forest Service lands shall comply with all rules and regulations applicable thereto. Prior to usage of any adjoining public lands, an access, recreational use or any other required permits shall be obtained from the USDA Forest Service. Additionally, Motorized travel on forest lands in the vicinity of the resort is prohibited (except over -snow travel). 6. All new buildings, outbuildings or mobile structures shall be built and landscaped to conform to current wildfire practices suggested by the Colorado State Forest Service. The Applicant shall prepare a fire mitigation plan and submit said plan in writing to the Building and Planning Department for approval prior to issuance of building pemiits. 6 The applicant shall annually test and report the condition of the water system to the State Department of Water Resources as may be required by the State. D. The Applicant shall submit a review for approval to include Capacity Development by the Water Quality Control Division of the Colorado Department of Public Health and Environment to be submitted to the Building and Planning Department prior to issuance of the Special Use Permit. 10. The Applicant shall be required to observe that the contract for water from the Colorado River Water Conservation District (CRWCD) remain in effect for the life of the proposed SUP. 11. That the applicant shall be limited to the use of no more than ten (10) dwelling units including employee housing and other associated structures for a total of fourteen (14) structures for the resort which include: 1. seven (7) cabin sites for guests 2. one (1) main lodge site with lodging for one employee 3. one (1) stable building (east side of resort compound) 4. one (1) barn/tack building (east side of resort compound) 5. one (1) large storage facility/shed building (west side of resort compound) 6. one (1) small storage barn (central area of resort compound) 3 7W Guest Ranch, SUP 2/14/05 1111111111111111111111111111111E 1 III 1111111111111 668722 02116/2005 10:56A 8166 P197 M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 7. two (2) modular lodging structures for employees. 8. other non -habitable existing structures on site as shown on the site plan, specifically the pump house and hot tub pad. 12. There shall be no more than thirty-three (33) guests and three (3) employees residing at the Resort at any one time. 13. To the extent of the law, if alcohol is to be served in connection with the use the applicant shall apply for and receive and maintain licensing for said service from the appropriate entity for the duration of the Special Use Permit. 14. At such time the two existing older mobile homes are removed any replacement dwelling units shall meet all code requirements of the Garfield County Zoning Resolution of 1973, as Amended. 15. The Applicant shall continue to comply with licensing requirements for the commerc kitchen with the State Department of Health, Consumer Protection Division. 16. No new open hearth solid -fuel fireplaces will be allowed anywhere within the resort designated area. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 17. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of designated cabin sites, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 0118'1'hc Applicant shall amend the site plan in the application to clearly identify the storage facility and identify which barn is subject to future expansion and modification as requested in the application and shall provide the amended site plan to the Building and Planning Department for approval prior to issuance of the Special Use Permit. 19. The Applicant shall make application to the Garfield County Building and Planning Department for a building permit for the new completed storage facility to the west, allow inspections, and ultimately gain a Certificate of Occupancy consistent with the adopted rules and regulations of Garfield County prior to the issuance of the Special Use Permit. Also, a Registered Colorado Engineer or Architect shall certify all of the construction within the new storage facility complies with Garfield County Building Code Requirements. 20. At such time the two (2) existing mobile homes used for employee housing are replaced the Applicant shall make application to the Garfield County Building and Planning Department for a building permit, allow inspections, and ultimately gain a Certificate of Occupancy consistent with the adopted rules and regulations of Garfield County prior to habitation of these structures. 4 7W Guest Ranch, SUP vi 4/05 -1)rs O !�. k 4- 111111111111111111111111111111111 *ii Hui ilii iui 1 668722 02/16/2005 10:56A 81663 P198 M ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO . A water test shall be conducted which include the following items used to determine physical water supply; 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the proposed use on; 5. The water quality shall be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. The test results, with satisfactory results, shall be forwarded to the Building and Planning Department prior to the issuance of the Special Use Permit. 22. The Applicant shall be allowed to store, maintain and repair up to 10 motorcycles for personal use within the new storage facility. 23. An annual review of this special use shall be conducted by the Building and Planning staff, consistent 9.03.05 of the Zoning Resolution, concerning the conditions of approval contained in this Resolution, including but not limited to use of the new Storage Facility. 24. All vehicles used for recreation or maintenance purposes on the site shall have spark arrestors as a fire prevention device. The Applicant shall provide a list to the Building and Planning Department documenting no more than ten (10) identified persons allowed to store motorcycles in the new storage facility. 5 7W Guest Ranch, SUP 2/14/05 1 111111 IIID.IIIII1111111111111111 OE 111111111111 1111 • 668722 02/16/2005 10:56A 81663 P199 M ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 1 4th day of February , A.D. 2005. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD LINTY, OL 'i '+ DO Clerk`of the Board Upon rriotitgi duly made and seconded the foregoi fotloµtg vote: John Martin Larry McCown Tresi 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. 2005 County Clerk and ex -officio Clerk of the Board of County Commissioners 6 7W Guest Ranch, SUP 2/14/05 • • • • • EXHIBIT a acres and contains natural forest indigenous to the area such as ponderosa pine, aspen, willow and oak and various grasses. The property also contains several cleared meadows and two natural springs. The property is bordered by both private and USDA Forest Service land. II. PROPOSAL BACKGROUND off The Application is presented with tirt1?';From the two previous continued jui$OCC meetings of 10/4/04 and 11/15/04/.. The proposal which is currently operating has been open as a reso nc 1947,)sand has complied as a Special Use Permit granted by Resolution, #95-0 and approved on June 5, 1995 until the construction of the Baon the west side of the compound. The current owners purchased the property i er -2Q02. The existing Special Use Permit was for a total of approx•i+fiat 253 act sL howeve, is Special Use Permit will be applied to a single%35 + acre •._ t -with the remaining acre.. - being divided 2 EMPLOYEE UNITS , } ( RIDINGPOND ARENA 1`.} E8A rV` I15. GUES t Pump HOT TUB \House El 14 kAt#a L=— LODGE and DINING BUILD! GUEST CABINS PROPOSED STABLES BARN ,Jm( PROP View: SUP layout with current and proposed uses. 2 7W Guest Ranch, Special Use Permit 12/20/04 Cathi Edinger From: Mark Bean Sent: Wednesday, May 25, 2005 2:12 PM To: Cathi Edinger Subject: RE: 7W Guest Ranch They were required as a condition of approval to get the permit and get the CO, prior to the issuance of the SUP. So its OK to issue and final. Mark Bean, Director Building & Planning Department Garfield County 108 8th St. Suite 201 Glenwood Springs, CO 81601 (970) 945-8212 From: Cathi Edinger Sent: Wednesday, May 25, 2005 8:39 AM To: Mark Bean Cc: Fred Jarman; Andy Schwaller Subject: 7W Guest Ranch We are about to issue a building permit for an Agric./Recreational storage building for the above named project. The BOCC approved an SUP for a resort back in December of 2004. As of todays date a Special Use Permit itself has not been issued. Is it still okay to release this permit at this time? Should I put a note on the inspection card related to No Final Inspection will be done until conditions of SUP have been met? Let me know. Thanks, Cathi EXHIBIT 5 FILE NOTE SCANNING SWEEP A. SCHWALLER June, 2012 This project was approved with Reso 2005-24. It appears conditions 7, 8, 9, and 25 were never met and a permit was not issued. I called Knight Planning to see if the conditions had been met and spoke with Terrill Knight. I did not hear back from him.