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Home My WebLink About4.0 BOCC Staff Report 08.13.1990REQUEST: BOCC 8/13/90 PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for the construction and operation of a hunting camp. APPLICANT: Cecil Gardner/Jim Dekam LOCATION: Located approximately 6 miles south of Battlement Mesa off C.R. 302. SITE DATA: The site consists of 44 acres. WATER: Spring water available on site. SEWER: Proposed I.S.D.S. ACCESS: Access to the site is from C.R. 302, a.k.a. the Battlements Road, and private easement. EXISTING AND ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District E, Rural Areas-Severe/Moderate Environmental Constraints as designed on the Comprehensive Plan Management District's map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on the slopes of the east side of the Battlement Creek drainage. The property is heavily treed, with scrub oak dominating the lower slopes and aspen on the upper slopes. In the middle of the parcel is a meadow area with gentler slopes. A cabin and spring are located on this portion of the property. In the aspens are three (3) tent platforms. B. Project description: The applicants are proposing to construct one (1) large permanent, rustic cabin to provide lodging for clients of a guide and outfitting. The proposed log cabin is 24 x 26 and will be relocated from its current location in Una. Future plans, within five (5) years, propose constructing up to six (6) sleeping cabins of similar style as the main cabin. Electricity is available to the property. The primary purpose of this camp is to serve as a base camp for the guide and outfitting business. In addition, the applicant would like to expand the business to include pack trips, trail rides, fishing trips and photography trips throughout the summer. These activities will occur on private leased land and the national forest by Special Use Permit. • • C. Background: This matter was originally scheduled for a public hearing on June 25th. Discussion at that hearing surrounded the issue of access to the proposed site. The applicants were instructed to document their legal access to the site. The hearing was continued until July 2nd. At the July 2nd continued hearing, the applicants presented 47 petitions from area residents stating that they had used the Battlement Road for the past 20 years. In addition, parties testified that they had used the road for a number of years. Counsel for the objecting neighbor, who is protesting the applicants right to cross the property, requested a continuance. The continuance was granted until August 13th. 'III. MAJOR ISSUES AND CONCERNS 1. Zoning: A hunting camp requires a Special Use Permit in the A/R/RD zone. By definition (see 2.02.448 -"Resort") a use of this nature is limited to twelve (12) dwelling units or a maximum of 48 visitors. 2. Water: The property has an unadjudicated spring on it. According to the Water Commissioner, the applicant apparently has rights to use the water due to historic consumption and the fact that the water does not leave the property. However, to clarify the applicant's rights, the Commissioners suggested that they file for a well permit. The applicants are proposing to pump the water from the spring 200 feet to the cabin site and store in a tank. 3. Sewer: The applicants had originally proposed a pumpable vault for wastewater storage. However, based on occupancy load and water consumption, a vault would require frequent pumping. Staff has convinced the applicant to use conventional septic tank/leach field system. 4. Access: Access to the site is from C.R. 302 (see page F4 ). The county road ends at the adjacent property owner's to the north's property boundary. The road continues on through private property as an unmaintained road, eventually entering federal forest lands. The status of this roadway has been the subject of debate in the past between Forest Service, B.L.M., D.O.W., and landowners regarding rights-of-way to public lands. The applicants contend that by virtue of historical use, they have rights to use the road to access their property. Section 5.03 requires that there be "safe, convenient access" be provided to all proposed special uses. This has been interpreted to include both physical and legal access. IV. SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 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 the 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. • • V. RECOMMENDATION APPROVAL, subject to the following conditions: 1. The applicant shall have a minimum water storage tank of 500 gallons. The spring shall be fenced to keep out stock. Prior to the commencement of operations each year, the applicants shall conduct tests to determine the presence of giardia. 2. An ISDS permit shall be obtained. 3. Use of the facility shall be limited from June 15 to December 1 of each year. 4. All representations of the applicant, either in the application or at the hearing, shall be considered conditions of approval unless otherwise stated by the Board of County Commissioners. 5. The lodge and 6 cabins shall be constructed within a period of 5 years. If not completed, the applicant shall reapply to the Board of County Commissioners for reconsideration before additional construction. 6. The driveway to the campsite from the existing road shall be surfaced with ABC. The applicant shall provide a parking area large enough to accommodate eight (8) vehicles. 7. All required Building Permits shall be obtained. 8. The 6 cabins shall be constructed of the same materials and architectural style as the lodge. 9. The applicants shall apply for a well permit from the Division of Water Resources to clarify rights to the spring. 108°07'30" a MAP KEY R.96W. ';:Haystack —' '. ,, Mtn - 31 O.• 1 .1. (4 33 "; • 6 / 7J)/ /1/ 7 %h/`" E �e R.95W. \30 , I \ 29 - -L. NAV . L OIL ;MALE / e1k --..',.h -i 39 r r I FI 4 J 53/ III -L-;/ I `e ``\ l: i JJ P` 1%,1 I> 108°00' �C 52'30" R.94W. TO MEEKEt: T.5S. + T.6S. % 1,I Creek / NA V f L •K( UV 1 -1 (- sd 17,-7 16 b 16 / its 13 is/ . 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