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HomeMy WebLinkAbout4.0 Resolution 2008-132.pdf1111 liird107,1.11nli VAICIWitiNVIJIgiiicild 11111 Reeeptioni: 759487 12/02(2008 01:31:19 Pit Jean Rlberleo 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD 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 10th day of November A.D. 2008, there were present: John Martin , Commissioner Chairman Larry McCown . Commissioner Trtsi Houpt , Commissioner Don DeFord County Attorney Jean Alberico Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-132 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR A CAMPER PARK ON A PROPERTY LOCATED ON 32958 RIVER FRONTAGE ROAD, ADJACENT AND SOUTHWEST OF THE TOWN OF SILT, CO PARCEL ID: 2179-091-00-042 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 2nd day of January, 1979, the Board adopted Resolution 79-01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all the provisions of the Zoning Resolution. D. The Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Simon Casas and Genobeva Lopez for a Special Use Permit ("SUP") for Camper Park within the Agricultural / Industrial (AI) zone district to expand the existing Heron's Nest Camper Park to accommodate a total 76 camper spaces where tents will only be allowed in designated camper spaces and independent tent camping will not be allowed. 1 C S 1 1111 FVralcZ T Fl441WI,I .kVi 1.10Wi ril.M.t411111 Reception4: 759487 12/02/2009 01:31:19 PM Jean Alber/cc 2 of 5 Rao Fee:90.00 Doo Fee:0.00 GRRFIELD COUNTY CO E. The Board held a public hearing on the 10'b day of November, 2008, 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 special use permit. F. The Board of County Commissioners closed the public hearing on November 10th, 2008, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit has been approved based on these findings: 1. Proper posting and 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. The above stated and other reasons, the proposed special use permit 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. 4. The appcation has met the requirements of special use pemuts within the Girfield County Zoning Resolution of 1978, as amended. 5. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 6. The northwest leach field was not operating properly during a site visit conducted. Therefore, the integrity of the leach field must be evaluated and repaired if necessary prior to the issuance of a Special Use Permit; 7. A licensed professional engineer shall evaluate the flows of both ISDS effluent pumping systems to determine flow rates to each leach field, and an engineers statement demorislrating flow rates to the two (2) leach fields shall be provided prior to the issuance of a Special Use Permit; 8. The flows from the potable water system and flows to the two septic systems must continue to be monitored to ensure that flows remain balanced and less than 2,000 gallday to each 2 1111 Mr.,IFYIKIL GIt111441. M ULK���714G�+A]kr. I 11111 Recept Ion$$: 759487 12/02/2008 01;31 19 PM Jean Rlberlco 3 of 5 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO septic system, accurate records shall be maintained and made available to Garfield County upon request; 9. The Applicant and any future owners shall retain a qualified licensed PE or a minimum Class D certified wastewater treatment plan operator to conduct routine inspection and maintenance of the wastewater system. A report of routine inspections and maintenance activity shall be maintained with other system records for review by Garfield County upon request; 10. The Applicant and any future lot owners shall retain a qualified professional engineer or a minimum Class D certified water treatment plant operator to conduct routine inspection and maintenance of the drinking water system. A report of routine inspections and maintenance activity shall be maintained with other system records for review by Garfield County upon request; 11. A letter from a professional engineer certifying that modification and/or upgrades to the ISDS have been completed in accordance with the plans and specifications of the Special Use Permit application and explanation that sewage flows are balanced to the maximum extent possible; 12. At any time potable water flows average greater than 4,000 gallons per day over a 30 day period, the owner shall immediately report this information accompanied by the concurrent wastewater flow information, to Garfield County Building and Planning and Colorado Department of Public Health and Environment, Water Quality Control Division; -13.-The-camperpark-is limited to seventy -six -(76) camper spaces; - 14. Tents are only allowed within a designated camper space; 15. The camper park shall comply with all applicable Garfield County zoning regulations at all times; 16. All proposed improvements, including but not limited to utility expansion and fire protection requirements shall be constructed prior to the issuance of a Special Use Permit; 17. The camper park is limited to the existing fifty-six (56) camper spaces and shall not exceed this occupancy requirement until a Special Use Permit has been issued; 18. The Applicant shall obtain an approved Administrative Flood -Plain Permit prior to the issuance of the Special Use Permit; 19. The principal business of the park shall be to provide parking spaces for travel trailers, camper vehicles and/or tent camping. Occupancy in camper parks by any individual shall be 3 1111 rd!')INI 1:5Ei, r10e.1,9h:4101INALAL,Iv)11111 Reeeptionl: 759487 12/02/2008 01:31:19 PM Jun plbeNco 4 of 5 Rec Fee:50.00 Doo Fee:0.00 GARFIELD COUNTY CO limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County; 20. The Applicant shall comply with all recommendations from Burning Mountain Fire Protection District identified in Exhibit J; 21. The Applicant shall provide Garfield County Building and Planning Department with an approved Watershed permit from the City of Rifle and complete the restoration of the faulty ISDS prior to the issuance of this Special Use Permit. ,i- Dated this 1 ` day of Q,te.t.nn-Iu.t A.D. 20 0 r . Al PEST: Irv\ 2.tAt1/2i-or9 Crdrk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the fo egomg Reso 'ion was ado ed by the followmg vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye Aye 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. 4 1111KAMIM1dllTMPAdihr11 111 Receptionk: 759487 12/0212009 01:31:19 PM Jean Rlberico 5 of 5 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5