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Home My WebLink About4.0 Resolution 2012-94.pdf1I1II RsceptIon$# 827964 12/04/2012 10:38:54 AM Jean Rleerico 1 of 4 Ric Fee:SE.04 Dot ree :0 30 GARFFELD COUNTY CO STA TF. OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners` Meeting Room, Garfield County Administration Building, in Glenwood Springs on Monday, the 56 day of November 2012, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky Commissioner Frank Hutfless . County Attorney Jean Alberico , Clerk of the Board(a 6s t Andrew Ciorgey , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. .201a_ `H A RESOLUTION APPROVING AN AMENDMENT TO SPECIAL USE PERMIT FOR A RESORT ON A PROPERTY OWNED BY JOLLEY- POTTER RANCHES, LLC SPECIFICALLY TO ELIMINATE CONDITION NO, 12 (W RESOLUTION 2005 -23 Parcel No: 1877 - 024 -00 -024 Recitals A. The Board of County Commissioners (the Board) of Garfield County, Colorado, has received an application from Jolley - Potter Ranches, LLC for an amendment to a Special Use Permit (SUP) requesting the Board eliminate a condition of approval no. 12 of Resolution 2005 -23 which is as follows: 12. No new open hearth solid fuel fireplaces will be allowed anywhere within the resort designated area. One (1) new solid fuel burning stove as defined by C.R.S. 25- 7-441, et. seq., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. B. The Board granted original approval of a SUP for a Resort on January 17, 2005 (memorialized in Resolution 2005 -23) on a property containing 175 acres on a tract of land located on County Road CR 252 and also being located in the SWA of the NW'/ and in the NW% of the SW'/ of Section 1 and in the SE1/4 of the NE1/4 and in the NE1/4 of the SE'/4 of Section 2, Township 3 South, Range 94 West, of the 6th Principle Meridian in north- central Garfield County as further 1II11 d IN l 'itl Fh kIrt"fe1ri iewe,I11' 11 III Receptio 827964 /2/04/2012 10:3$.58 AM lean Ri,.erico 2 of 4 Rec Fee:W OO Doc Fee•0.00 GARFIELD COUNTY CO described in a Special Warranty Deed recorded at reception no. 659550 in the records of the Garfield County Clerk and Recorder. C. The Roard is authorized to approve, deny or approve with conditions an application for amendment to a Special Use Permit pursuant to Section 4- 106(A)(2) of the Unified Land Use Resolution of 2008, as amended. D. The Board held a public hearing on the 5th day of November, 2012, upon the question of whether the above - described request to amend the SUP to eliminate condition of approval no. 12 of Resolution 2005 -23 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 amendment to a Special Use Permit. E. The Board on the basis of substantial 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. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested panics were heard at that meeting. 3. That for the above stated and other reasons, the proposed amendment to the Special Use Permit is in the best interest of the health, safety, and welfare of the citizens of Garfield County. 4. That the application is in general conformance with the 2030 Comprehensive Plan. 5. That the application has 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. 13. The amendment to the Special Use Permit and Resolution 2005 -23 is approved which eliminates condition of approval no. 12 from Resolution 2005 -23 as follows: 2 1II11 #i1011011 %ILL tifh V ' 'AirlirgIttlfialli 11111 Receptions: 327464 12(0412012 10 -38:5B Rif lean OIbarl:o 3 of 4 Roe Feo:S0.00 toe Fai :O 00 GRRFIEL❑ COUNTY CC gas-ipurning-sioves-and -$ppliances. C. The remainder of the conditions of approval in Resolution 2005- 23,kremain in full force and effect which are listed here with condition no. 12 shown as stricken (stricken): 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the BOCC. 2. The Applicant shall submit a new Special Use Permit application if in the future any new improvements are desired as part of a resort designation which are not specifically identified in this application, agreed upon at the public hearing or cited in this report. 3. The Applicant shall obtain all building and septic permits and inspections and certificates of occupancy consistent with the adopted rules and regulations of Garfield County for all new development within the resort area as identified in this report. 4. The installation of all required ISDS upgrades or replacements shall comply with the Colorado Department of Public Health and Environment (CDPHE) ISDS standards. 5. Certain activities associated with the resort which that take place on Bureau of Land Management Lands shall comply with all rules and regulations applicable thereto. 6. All outfitter operations shall maintain a full license, bond and insurance status, as well all other access permits as required by the State of Colorado, the Bureau of Land Management for the life of the Special Use Permit. 7. The Applicant shall obtain a fire protection plan from the Rifle Fire Protection District which shall include wildfire mitigation, occupant evacuation and which also describes adequate fire fighting infrastructure for crews that respond to fire calls. This plan shall then be submitted, with an approval from the District, to the Garfield County Building and Planning Department prior to issuance of the Special Use Permit. 8. The Applicant shall be limited to the use of no more than the eight (8) dwelling units as listed in the application including any employee or caretaker housing and all other associated non - habitable structures listed in the application and as cited in this report for a total of fourteen (14) structures for the resort. 9. There shall be no more than thirty -four (34) overnight guests allowed at any one time and no more than 250 persons engaged with one -time day (non- overnight) gatherings on any one day. 3 1111 Fn it961 ,1 1 II I Receptionti: 827964 12/04/2012 10.38;58 PM Jean A1ber 4 of 4 Rec Fee:$0.00 Doc Fee20.0O GARFIELD COUNTY co 10. To the extent of the law as required, if alcohol is to be served in connection with the use, the Applicant shall apply for and receive and maintain licensing for alcohol service from the appropriate entity for the duration of the Special Use Permit. 11. The Applicant shall continue to comply with licensing requirements for the commercial kitchen with the State Department of Health, Consumer Protection Division. 13. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of designated cabin sites, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 14. The Average Monthly Trips (AMT) shall not exceed a monthly total of 200 vehicles. Dated this eD day of , A.D. 2012. ATTEST: ct of the Board GARFIELD COMMISSI COUNTY,C COUNTY BOARD OF QNERS, GARFIELD DO Chai Upon motion duly made and seconded the following vote: John Martin re :oing R lu ion was adoptc Mike Samson Tom J ankovsky STA TE OF COLORADO County of Garfield 4 Aye Aye , Aye by the,