HomeMy WebLinkAbout6.0 Resolution 2011-57.pdf1111 W.1. n~.l\'',&'ll~ ~~1"0.11'¥~1.'11. 1¥4.1~ IW ~·~ IIIII
Reception#: 808883
10/0412011 03:24:25 PM Jean Alberioo 1 of 15 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on, Monday, the 6th day of June A.D. 2011, there were present:
"'Jo,.hn~M"-"'art"-""in"--------------------' Commission Chairman
':'M"'ik,e"-::"S.,am"""so,nc-------------------' Commissioner
""'T"'om"""""'J"'ank;"""o"-v,_,s,ky"----------------' Commissioner
.:C""ar'-'e""y__,G,.,a"-!gn""'o"n--:--:--------------' Assistant County Attorney
..,Je""an""-"Al-""'b"'er""ic"'o'-"(a,.,b""s"'en,.t"") _____________ ,, Clerk of the Board
""E,_d_,Gr,_e"'e"'n'-'(""ab,s,.e,_nt'-")------------~-'' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO . .:lo 1/ -'5'?
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO ALLOW
FOR OPERATION OF THE ELK CREEK CAMPGROUND FROM APRIL lsr
THROUGH NOVEMBER 30TH AND TO ADD TEN (10) TENT SITES TO THE
EXISTING CAMPGROUND FACILITY. THE SITE IS LOCATED NORTHWEST OF
THE TOWN OF NEW CASTLE IN THE SENW & NESW SECTION 24, TOWNSHIP 5
SOUTH RANGE 91 WEST OF THE 6TH P.M., GARFIELD COUNTY
PARCEL NO# 2125-243-00-013
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a
request for a Land Use Change Permit to allow for year-round operation of the Elk Creek
Campground and for ten (1 0) additional tent spaces. The campground facility operates pursuant
to an Amended Stipulation of Settlement recorded at Reception No. 783763 in the office of the
Garfield County Clerk and Recorder, and attached as EXHIBIT A. The Stipulation requires that
any change to pre-existing uses or structures permitted by the Stipulation would require approval
of a Land Use Change Permit from the Board of County Commissioners.
B. The Elk Creek Campground is a ±10-acre parcel owned by Elk Creek Investments,
LLC as described in a Special Warranty Deed recorded at Reception Number 782219 in the
office of the Garfield County Clerk and Recorder.
C. The subject property is contained within unincorporated Garfield County in the Rural
Zone District and located approximately V, mile north of the intersection of CR 245 and CR 241
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northwest of the Town of New Castle.
D. Campground/RV Parks and amendment thereto requires a Land Use Change Permit
through a Major Impact Review in the Rural Zone District of Garfield County.
E. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit pursuant to the Unified Land Use Resolution of2008, as amended.
F. The Planning Commission opened a public hearing on October 13,2010 at which time
the application was continued to December 8, 2010.
G. The Planning Commission considered the application and closed the public hearing on
December 8, 2010 at which time a decision to recommend approval with conditions was
approved by a unanimous vote.
H. The Board of County Commissioners opened a public hearing on the 6th day of June,
2011 for consideration of whether the proposed Land Use Change Permit should be granted or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request.
I. The Board of County Commissioners closed the public hearing on the 6th day of June,
2011-to make a final decision.
J. The Board of County Commissioners opened a public hearing on the 191h
day of
September, 2011 for clarification regarding condition number five (5) at which time detailed
language was provided regarding this condition.
K. The Board on the basis of substantial competent evidence produced at the
aforementioned hearings, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. The hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that
all
interested parties were heard at that meeting.
3. That for the above stated and other reasons the proposed Land Use Change Permit
to allow for operation .of the campground from April 1 '' through November 30th and
for ten (10) additional campsites may be in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County
if conditions of approval are satisfied.
4. That, with the satisfaction of conditions and granting of a waiver for 15% road
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grade to access the site, the application has otherwise adequately met the
requirements of the Garfield County Unified Land Use Resolution of 2008, as
amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. All terms of the Court Stipulation remain in full force and effect except for the specific
request granted in this Land Use Change Permit, solely to expand the operation
timeframe of the facility and to allow for the addition of ten (10) tent sites. This Major
Impact application is hereby approved subject to compliance with the following
conditions:
Prior to issuance of a Land Use Change Permit the Applicant must demonstrate satisfaction of
the following conditions of approval. These conditions of approval must be satisfied within one-
year of approval pursuant to Section 4-103 G 8.b.(3):
1. That all representations made by the Applicant in the application and at the public hearing
before the Planning Commission and the Board of County Commissioners shall be conditions
of approval, unless specifically altered by the Board of County Commissioners.
2. Operation of the facility must be in accordance with all Federal, State and Local regulations
and permits governing the operation of this facility of this type.
3. This approval is limited to expansion of facility operation from April 1st through November
30th and ten (1 0) additional tent sites as shown on the attached site plan listed as EXHIBIT B.
4. The Applicant shall obtain all Colorado Department of Public Health and Environment
(CDPHE) permits required for the wastewater treatment at this facility. These permits must
be provided to the County along with a letter from CDPHE that the site is in conformance
with state requirements. The facility may not operate during the period of November 1" to
May 1" until such time as the improvements are constructed.
5. Applicant shall trim vegetation to improve sight distance for vehicles attempting to access
County Road 241 from the site to create a 300-foot line of sight and add appropriate signage,
both acceptable to the Garfield County Road and Bridge Department.
6. The tent sites and cabins are for seasonal use only and may not be rented or used for
accommodation between November 1 '1 and April 30th.
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7. A detailed site and landscape plan must be provided for the additional 10 tent sites proposed
to be located on the south central portion of the property below County Road 24I.
8. Any new construction or future improvements to the existing structures (general store/office,
laundry and/or bathroom facility) must comply with all Garfield County regulations
including, but not limited to Floodplain Development regulations and standards contained in
section 7-806 L. of the Unified Land Use Resolution of2008, as may be amended.
9. Any changes to the existing approvals, including construction of new buildings or facilities
not existing at the time of approval, shall require an amendment to the Land Use Change
Permit.
10. Sufficient documentation must be provided to the Building and Planning Department
regarding the removal or relocation of the picnic pavilion. If relocated the pavilion must be
wholly contained within the subject site.
II. The Applicant must demonstrate that best management practices will be implemented for the
snow storage areas including maintenance of a I 0' separation from East Elk Creek and
utilization of either a berm or sediment trap to prevent direct discharge to East Elk Creek.
I2. No chemicals or manufactured solvents may be used for snow maintenance on the project.
13. The Applicant shall demonstrate compliance with recommendations of Colorado River
Engineering, Greg Shaner, P .E., in a letter dated November I6, 2010 including:
a. Utilization of preventative management practices performed to reduce and eliminate any
further erosion of the two exposed embankment areas (one is located adjacent to the solid
waste disposal area and the other is located at the north end of the site adjacent to the
single family caretaker home);
b. Steps to encourage vegetative growth including:
i. Minor scaling back of the slope;
u. Removal of loose debris;
iii. Seeding; and
tv. Installation of erosion control fabric.
c. Yearly maintenance measures and monitoring reports shall be provided to Garfield
County.
I4. The Applicant must comply with the requirements of the Burning Mountains Fire Protection
District including:
a. Employee training in the event of an emergency;
b. A posted evacuation plan;
c. Posted fire regulations that include telephone information for contacting fire, medical and
law enforcement. The address and telephone number of the park shall also be included.
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15. The Applicant shall obtain a Watershed Permit from the Town and provide a copy of that
permit to the Building and Planning Department.
16. The County commits to notifYing the property owner of any compliance concern and allows
an inspection with site personnel and the designated County inspector prior issuing any
Notice of Violation.
17. The County can request a site inspection with one calendar day's notice to the Property
Owner .. Full access to any part of the facility will be granted. On request, all relevant
paperwork must be shown pursuant to operations of the facility.
18. The Property Owner acknowledges that the County has performance standards in place that
could lead to revocation of the Land Use Change Permit if continued violations of the permit
occur over a period of time.
19. The site shall comply with recommendations from Colorado Wildlife Science as follows:
a. When outside, dogs shall be leashed;
b. Perimeter fencing of the site is prohibited;
c. Any on-site fencing shall comply with CDOW standards;
d. No dogs shall be permitted on the west side of the creek from December 1 through March
31;
e. Bear-prooftrash receptacles shall be required.
20. The site shall be required to comply with the following performance standards:
(1) The volume of the sound generated shall be so operated that the volume of sound
inherently and recurrently generated does not exceed statutory requirements;
(2) Vibration generated: every use shall
be so operated that the ground vibration
inherently and recurrently generated is not perceptible without instruments at any point of
any boundary line of the property;
(3) Emissions of smoke and particulate matter: every use shall be so operated so as to
comply with all Federal, State and County air quality laws, regulations and standards;
( 4) Every use shall be so operated that it does not emit heat, glare, radiation or fumes
which substantially interfere with the existing use of the adjoining property or which
constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals,
reflective painting of storage tanks, or other such operations which may be required by
law as safety or air pollution control measures shall be exempted from this provision.
21. Those portions of the campground on the south and west, as identified on the site plan
attached as EXHIBIT B, shall be fenced and posted along the property boundaries pursuant
to the site survey. This fencing and posting of the site is to prevent trespass from the
campground onto adjacent properties. Fencing shall be in compliance with CDOW
guidelines.
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22. The length of stay witlrin the Elk Creek Campground shall not exceed 120 days.
Dated this
0 t¥:! day of ~ , A.D. 20li__.
ATTEST: GARFIELD COUNTY
SSIONERS,
BOARD OF
GARFIELD
Upon motion duly made and seconded
~'-""'-
5
following vote:
T ,COLORADO
~C~OM~Mlli~SS~I~ON~ER~C~H~AIR~J~O~HN~F~·=MAR~~TIN~----------------'Aye
,C'-"0"-!M..,MI"""'SS""I""O""NE""""R~T""O"'M""'J'-'-ANK.~,O"-V,_,S""K'-'Y'--------------------' Aye
~c"'o~M~MI~s~sr~o~NE~R~MIKE~~~sA~M~s~o~N~------------'Nay
STATEOFCOLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of , A.D. 20_. _.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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Court Address: 109 g•h Street
.
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. District Court, Garfield County, Colorado
Glenwood Springs, CO 8 160 l
----------~(~97~0~)9~~5-~50~7~5--------------~
Plaintiff: BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, STATE OF
COLORADO
v.
Defendant: ELK CREEK RV, LLC .
-
Attorney for Plaintiff:
Name: Cassie L Coleman
Address: 108 8" Street, Suite 219
GJenwoodSprings,CO 81601
Email: ccoleman@garfield-county.com
Phone: (970) 945-9150
Fax: (970) 384-5005
Atty. Reg. 37370
Attorney for Defendant:
.
Lawrence R. Green, # 8992
Balcomb & Green, P.C.
Post Office Drawer 790
Glenwood Springs, CO 81602
(970) 945-6546 (phone)
(970) 945-8902 (fax)
lany@balcombgreen.com
--··
.A.COURT USE ONLY .A.
Ca.'e No. 08CV324
Div.: Ctm:
.
AMENDED STIPULATION OF SETTLEMENT
Plamuff, the Board of County Conurusstoners of Garfield County, Colorado (BOCC) by
and through the office of the Garfield County Attorney, and Elk Creek Investments, LLC by and
through counsel, Balcomb & Green, PC, stipulate as follows:
On June 5, 2009 in full settlement of all claims, counterclaims and defenses, the parties
entered into a Stipulation, which was accepted as an order of the Court. The parties now request
to amend the Stipulation and Order as follows:
I. Pursuant to paragraph 18 of this Stipulation, the terms hereof are binding upon the
successors of the original parties. By virtue of a Special Warranty Deed recorded in the Garfield
County real estate records on February 19, 2010 at Reception No. 782219, Elk Creek
Investments, LLC ("Elk Creek") is now the owner of the property located at 58 l County Road
241, New Castle, Colorado (the "Subject Property") and is therefore executing this Amended
Stipulation as the successor in interest to Elk Creek RV, LLC.
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2. The Director of the Garfield County Building & Planning Department opines,
under §10-107 of the Garfield County Unified Land Use Resolution of 2008, and the parties
agree, that prior to Garfield County's adoption of zoning regulations, the Subject Property was
operated a~ a seasonal campground, containing a maximum of 67 camping sites, in operation
from May !-November I each year, and containing a convenience store for the sale of camping
necessities.
3. The BOCC and Elk Creek stipulate Elk Creek may operate the campground in the
manner described in paragraph 2 above without first obtaining a land use permit. The parties
stipulate that a land use cbange permit is required prior to any expansion of use, including
without limitation, any increase in the_·number of spaces used, any increase in the dates of use~
any installation or construction of buildings, or any increase in the size of the property.
4. Within 60 days of execution of this Stipulation of Settlement (Stipulation}, Elk
Creek shall disable and cap all ulility connections to any and all camp sites in excess of the 6 7
approved sites. Elk Creek complied with this condition.
5. Unless and until Elk Creek upgrades the drinking water system, no one, with the
exception of those persons residing in the manager's residence and in the apartments in the A-
frame permanent structures, shall reside at the campground longer than 60 days, as provided for
by the federal Safe Drinking Water Act and article 1.5 of the Colorado Public health and
Environment statutes, C.R.S. §25-1.5-201, et.seq., and related regulations.
6. Elk Creek shall pay liquidated damages in the amount of $100 per day, payable to
the Garfield County Treasurer, in the event of any violation of the above use restrictions, detailed
in paragraphs 2-5, without further Order of the Court and upon notice by the BOCC.
7. Elk Creek applied to the Garfield County Building and Planning Department for a
grading permit on August 7, 2009 three days beyond the deadline set forth in the Stipulation and
therefore shall pay $750.00 payable to the Garfield County Treasurer upon execution of this
Amended Stipulation. Elk Creek applied for and obtained an ISDS permit within the timeftame
set forth in the Stipulation.
8. The Stipulation also required that Elk Creek apply for a floodplain permit by
August 4, 2009 or pay liquidated damages in the amount of$250.00 per day for each day after
August 4, 2009 that Elk Creek did not apply for a floodplain permit. After the entry of the
Stipulation the parties learned that certain baseline information necessary to submit a floodplain
permit did not exist, so it was not possible for Elk Creek to submit a floodplain permit within the
time allowed by the original tenus of the Stipulation. The parties therefore agreed that Elk
Creek, no later than 4:00P.M., November 25, 2009 Elk Creek would prepare and submit to the
Garfield County Building and Planning Depanmcnt a Floodplain impact Report consisting of the
following;
a. Written discussion outlining methodology, criteria and findings;
b. Existing conditions map with current FEMA mapping;
c. Exi;"ting Site Plan with design cross section locations and floodplain
elevations;
BOCCv. £/4 Creek Ri", Ll.C; Cue No_ 08CVJU
Amended Stip for Stttlt-mmt CI.EAN 3·11¥10.doc
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d. Existing Site Plan with new floodway and floodplain delineated in accordance
with Section 4-503-A of the Garfield Counly Unified Land Use Resolution;
and
e. HEC-RAS calculations and data summary tables.
9. On or about November 19, 2009, Elk Creek did submit the above-described
Floodplain Impact Report. Garfield County has reviewed said Floodplain Impact Report and
finds that it satisfies the applicable provisions of this Amended Stipulation and applicable
provisions of the ULUR. Garfield County therefore waives all rights to collect $250.00 per day
as liquidated damages for failure to comply with the terms ofthe June 6, 2009 Stipulation
regarding submittal of a floodplain permit.
10. As a result of the findings of the Floodplain Impact Report, prior to opening the
campground for occupancy in 2010, as allowed by paragraph 2 of this Amended Stipulation, Elk
Creek shall relocate cabins K-1 and K-2 out of both the tloodway and the floodfringe (Zone A),
as shown on sheets 3 and 4 of the Floodplain Impact Report. If Elk Creek fails to comply with
the terms of this paragraph on or before April 30, 2010, Elk Creek shall pay $2$0.00 per day
commencing April 30, 2010 as liquidated damages payable to Garfield County Treasurer without
further order of the Court.
II. Upon the mutual execution of the Amended Stipulation, Garfield County hereby
withdraws its Notice of Default of Terms of Stipulation issued August 14, 2009.
12. In the event court action is required to enforce or interpret the terms of the
Amended Stipulation the prevailing parly in such action shall recover its reasonable attorney fees
and co•ts attendant with such action.
13. Nothing in this Stipulation shall preclude or otherwise limit Elk Creek from
processing a Land Use Change Permit for any permissible uses ofthc Property through Garfield
County.
14. Garfield County shall have the right to enter the Subject Properly without notice,
at any time during daylight hours, to inspect for comp Hance with the terms of this Stipulation.
15. Elk Creek shall record the Order of the Court accepting this Stipulation, with this
Stipulation attached, in the real estate records of the Garfield County Clerk and Recorder.
16. Nothing in this Stipulation prevents the BOCC from enforcing applicable laws,
codes or regulations against Elk Creek RV, LLC in the future, and nothing about this Stipulation
prevents the BOCC from revoking any permits or licenses in the event of future violations, or
non-compliance with applicable laws, codes or regulations.
17. This Stipulation is the product of informed negotiations, joint draftsmanship, and
involves compromises of the parties previously stated legal positions.
18. This Stipulation shall be binding upon and inure to the benefit of the parties
hereto, and their respective heirs, successors. assigns. receivers, or trustees.
BOCCv. £/k Cred: RV, LLC; Ca!>e No. 08CV324
Amende<! Slip fot Seul~ment CLEAN J.t 1-tC.doc Pa(!;C J
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19. No amendments or variations of the term.• of this Stipulation shall be valid unless
made in writing and signed by all parties beret<;>.
20. This Stipulation may be executed in multiple counterparts, each of which shall be
deemed an origina I.
21. This Stipulation is fully integrated, and constitutes the entire agreement and
understanding between and among the parties with respect to the matters addressed herein and,
except as set forth in this stipulation, no representations, warranties or promises have been made
or relied upon by the parties to this stipulation.
22. This Stipulation shall prevail over any prior communications regarding the
matters conlllined herein and shall be governed by the law of Colomdo.
23. The persons executing this Stipulation on behalf of the parties represent and
warrant that-they have the necessary authority to do so and to bind the respective parties to the
terms hereof.
24. In consideration of the tenns of this Stipulation, the parties agree to dismiss all
claims and counterclaims and request the Court approve this Stipulation as an Order of the Court,
enfurceable through contempt proceedings and all other statutory remedies, including without
limitation, C.R.S. §30-28-124.5.
25. The Parties have agreed that each will bear its own costs and attorney fees
incurred in this action.
WHEREFORE, the Parties respectfully request that the Court enter an order approving
this Stipulation. A form of Order is allacbed for the convenience of the Court.
Respectfully submillcd this ~fay of March, 2010.
following parties, each of whom confirms by their signature below that they
d this agreement.
BOCC .-. Elk Cretk RY, UC; Cue No. 08CVJ24
Am!ndul Stip liJI' Stt11ernenr CLEAN 3·11~1 (t.doc
, State of
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Reception#: 7SJ763
03/2512010 04:05:49 Pl'l J••n AJb&rit:a
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ELK CREEK:
=:•x:~ffffPJ/'""''"
Name: Bnston Peterson
Title: Manager
STATEOFCOLORADO }
City and County of (;g,•l\ • L!
APPROVED AS TO FORM:
ROCC \', EfA: Crt!el: M', LLC: Ca;e No. 08CVJ24
Amended Slip forSc:rtlcmenl CLEAN J-11-IO.doc.:
Cassandra L. Coleman
Assistant Garfield County Attorney .
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