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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.05.2001BOCC 02/05/01 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit to allow a Resort. APPLICANT: Sharill and Jim Hawkins. LOCATION: Parcel B, Traul Exemption Plat, Recorded August 7, 1997 as Reception Number 512358. West '/2 of the Southeast 1/4 of Section 15, Township 7 South, Range 89 West of the 6th P.M., Garfield County. Approximately 4.0 miles south of Glenwood Springs, on County Road 177 (Four Mile Road).. SITE DATA: 5.5 +/- Acres. Lot is currently occupied by a house, barn, shed, and one (1) log cabin. ACCESS: Directly off of County Road 117 (Four Mile Road). WATER: Single spring to supply all habitable structures (units). SEWER: Existing house: ISDS Existing cabin: Same ISDS as existing house. Proposed cabin: Separate ISDS just for this cabin. EXISTING ZONING: A/R/RD SURROUNDING ZONING: North: A/R/RD East: (Across Four Mile Road) PUD (Oak Meadows (Green Belt Area)) West: PUD (Oak Meadows Ranch Filing No. 4) South: A/R/RD I. INTRODUCTION/DESCRIPTION OF THE PROPOSAL: The applicants, Sharill and Jim Hawkins, have approached the county to receive a Special Use Permit for the purpose of allowing a Resort operation on the subject property. Currently, there is an existing and approved Conditional Use Permit for a Boarding or Rooming House on the subject property, Resolution No. 87-107 (See pgs. 7- 9). As per the Resolution, the Conditional Use Permit was approved for "all proposals of 1 the applicant..." According to the staff report prepared and presented to the Board of County Commissioners on 10/05/87, "The applicant proposes to operate a Bed and Breakfast establishment as would be authorized under a Conditional Use Permit for `Boarding or Rooming House'. The facility would utilize the existing residence, with 5 bedrooms, and existing utilities. A small 9 sq. ft. sign identifying the business is also proposed." Currently, the applicants are operating a "bed and Breakfast" under the approval of this Conditional Use Permit with an existing nine (9) square foot freestanding sign. The applicants are now proposing to add the existing cabin on site (see site plan), and build another cabin on-site (see site -plan) to the "Bed and Breakfast" use. Under current regulations, separate units, such as these cabins would require a Special Use Permit for a "Resort". The existing cabin and house utilize an existing ISDS system. The proposed new cabin will be provided sewage disposal through a separate new ISDS system. All units are to be supplied water via the existing spring. The applicant has stated in their application that the existing house only has two (2) units, and not the five bedrooms (units) as described in the staff report of 10/05/87. In addition, each cabin (existing and proposed), is to have one (1) unit. Thus, if approved, there would be a total of four (4) units on the subject property to be utilized as a Resort. This is less than has been approved in the existing Conditional Use Permit. Access is to be directly off of County Road 117 (Four Mile Road). The applicants anticipate one (1) additional average daily trip (ADT) with the additional cabins, above and beyond the current traffic on-site. The applicants also want to retain the nine (9) square foot sign that was approved in the existing Conditional Use Permit. Thus, the applicant's are applying for a Special Use Permit for a resort to allow the following: Four (4) units to be utilized for the resort on a rental basis (two (2) in the existing house, one (1) in the existing cabin, and one (1) in the proposed cabin.) ► A nine (9) square foot free standing sign (existing), to advertise the resort (previously approved in the existing Conditional Use Permit). II. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is designated, "Existing Subdivision". It is part of the Traul Subdivision Exemption. This application appears to be in general compliance with the Garfield County Comprehensive Plan of 1995 for Study Area 1, as amended. III. GARFIELD COUNTY ZONING RESOLUTION: Section 3.02 A/R/RD - Agricultural/Residential/Rural Density allows Resorts as a Special Use. 2 Section 5.03 Conditional and Special Uses states: As listed under Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; A ruling of a water court referee (see application submittal), has been submitted which appears to grant among other things, "irrigation and domestic purposes in eight (8) single family dwellings." It appears that this ruling was for land which now consists of the two (2) lots which constitute the Traul Subdivision Exemption, which was approved in Resolution 86-76. The subject lot, is one of those two (2) lots. The other lot in the subdivision exemption can accommodate a single-family dwelling as a use -by -right given its zoning of A/R/RD. Therefore, it appears that a legal source of water is available for the proposed Resort which would constitute four (4) units, which in conjunction with a single unit (house) on the other parcel would equal a total of five (5) units. This would appear to be less than the approved water for eight (8) single-family dwellings (units). In conversation with Dwight Whitehead, of the Division of Water Resources, he expressed that under these circumstances (as submitted and proposed by the applicant), available water should be sufficient as long as the ruling of the water court in case no. 96CW274, and West Divide Water Conservancy District Contract #FM961210JT(a) (See submittal package) are adhered to within the Special Use Permit operation. As such, as a condition of approval, staff recommends that water court case no. 96CW274, and West Divide Water Conservancy District Contract #FM961210JT(a) be adhered to as part of any approved Special Use Permit. This includes, but is not limited to the use of the spring as indicated within the application submittal, water court case no. 96CW274, and West Divide Water Conservancy District Contract #FM961210JT (a). As such, staff also recommends as a condition of approval, before a Special Use Permit is issued, that information acceptable to the Board of County Commissioners (staff) be submitted which provides evidence that the spring proposed to be utilized can be utilized since it is not on the subject property (i.e. easement agreement). Also, as a condition of approval, before any Special Use Permit is issued, evidence that sufficient quantity and quality of water is actually flowing from 3 the spring proposed to be utilized must be submitted to the Planning Department. The quality of the water must include a test of the water by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. The quantity of water information can be in the form of a letter from a registered professional engineer in the state of Colorado which confirms adequate quantity of water flowing from the subject spring for the proposed use. This letter would need to be signed and stamped by the engineer. An ISDS is proposed for the proposed additional cabin. The existing house and cabin utilize an existing ISDS. The proposed new ISDS system for the proposed cabin will have to meet any and all necessary Health Department and other pertinent regulations. As long as the above is adhered to, adequate utilities for water and sewer should be available. (2) Street improvements adequate to accommodate trac volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Access to the subject property is directly off of County Road 117 (Four Mile Road). This should be adequate for the proposed use. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. As per the application submittal, there are a number of large trees, and a hill lining the subject property along the boundaries of adjacent properties. This appears to provide significant buffering from adjacent properties. Staff recommends the following condition as part of any approval: All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subject lot, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. Section 2.02.448 of the Zoning Resolution defines "Resort" as: "Dude ranch or guest ranch; hunting or fishing camp, cross-country or trail skiing lodge (any of which shall not exceed twelve (12) dwelling units or forty-eight (48) beds or visitor capacity), land used for the purposes of recreation, which provides lodging, recreational activities, dining 4 facilities, commissary and other needs operated on the site for guests or members." The application as submitted, appears to meet this definition, and, as a condition of any approval, staff recommends that the proposed operation continue to meet this definition (Section 2.02.448). IV. SUGGESTED FINDINGS: 1. That proper posting and public notice was provided as required 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 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 the Garfield County Zoning Resolution of 1978, as amended. 5. That the application is in general conformance with the Garfield County Comprehensive Plan of 1995, for Study Area 1, as amended. V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 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. 2. Sections 5.03, and 2.02.448, of the Garfield County Zoning Resolution, 1978, as amended be complied with in the operation of the resort. 3. Prior to the issuance of a Special Use Permit and any building permits for the Special Use, the following conditions must be met: A. Information acceptable to the Board of County Commissioners (staff) be submitted which provides evidence that the spring proposed to be utilized can be utilized since it is not on the subject property. B. Evidence that sufficient quantity and quality of water is actually flowing 5 from the spring proposed to be utilized must be submitted to the Planning Department. 4. Water court case no. 96CW274, and West Divide Water Conservancy District Contract #FM961210JT(a) be adhered to as part of any approved Special Use Permit. 5. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subject lot, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 6. Any violation of the terms, interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this special use permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities and may be subject to revocation of the special use permit. 6 • • -:".ITE OF COLORADO )ss of Garfield ) At a regular meeting of the Board of County missioners for Garfield ("t-�unty, Colorado, held at the Commissioners' .ting Room at the GarfieAd County Courthouse in Glenwood Springs on "4th day of October A.D. 1987 , there were present: Robert Richardson Larr Schmueser Marian I Smith Don DeFord Mildred Atsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 87-107 2ESOLUTION CONCERNED WITH THE APPROVAL OF A CONDITIONAL USE PERMIT .',PLICATION BY JOHN TRAUL FOR. i BOARDING OR ROOMING HOUSE. WHEREAS, the Board of County Commissioners of Garfield County, rolorado, has received an application from John Traul for a Conditional ::e permit for a Boarding of Rooming House on the following described —act of land: See Exhibit A the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public meeting on the 5th day of October, 1987, upon the question of whether the above-described Conditional Use permit should be granted or denied, at which meeting the public and ^t-erested persons were giYen the opportunity to express their opinions. ,arding the issuance of sai:a Conditional Use permit; and WHEREAS, the Board on the basis of substantial competent evidence Auced at the aforementioned hearing, has made the following '::‘termination of fact: 1. That the meeting before the Board of County Commissioners was extensive and compete, that all pertinent facts, matters and issues were submittel and that all interested parties were heard at that meeting. 2. That this Conditionai Use application meets the requirements as set forth in the Garfield County Zoning Resolution of 1978, as amended. 3. That the proposed laid use will be generally compatible with the existing and permitted land uses in the area. 4. That for the above stated and other reasons, the proposed conditional use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • • Page Two - John Traul NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the Conditional Use permit be and hereby is authorized permitting the use of the above described tract of land for a Boarding or Rooming House upon the following specific conditions: 1. The applicant shall have 120 days from the date of the Resolution of Conditional Approval to satisfy all conditions prior to the issuance of the Conditional Use Permit. The Conditional Use permit shall expire 120 days after its' issuance unless construction or use has commenced. 2. That all proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. Dated this 19th day of October ATTEST: A.D. 1957 % O v, a b - f 9`7 LA,r1�// GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUY COLORADO Clerk of the Board 2 Ch rma /, ex' Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Robert Richardson Larry Srhmueger Marian T Smith STATE OF COLORADO ) County of Garfield ) Aye Aye Aye I. , County Clerk and ex -officio Clerk of the Board of County Commiss:Loners 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 Proceedings 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 of the Board of County Commiss:Loners. County Clerk and ex -officio Clerk • • EXHIBIT A LEGAL DESCRIPTION A tract of land situate in the west 1/2 of the Southeast 1/4 of Section 15, Township 7 South, Range '89 Wst of the _6th Prinicipa2. Meridian -being mare particularly described as follows': Beginning at a point on the east line.a tract of land described in Book 514 at Yage 960 of the, recons of, the Clerk and Recorder of Garfield Q unty, C}�'l;prado., whence coordinate Point No. 425, Oak Meadows Ranch, -.( k Meadows Piling No. 4, -Amended Plat of Area -V, County of Garfield, State of Colorado bears S 04'23'55" E 1129.30 feet; thence S 69.632'28' W 98.97 feet; thence 55.96 feet along the arc of a 55.90 foot radius curve to the right having a central angle of 57'21'25" and subtending a chord bearing N 81'46'50" W-53.65 feet; thenoe.N 53'06'07" W 180.80 -_feet; thence --81.20 feet along the arc of a 29.67 radius curve to the left having a central angle of156'48'24" and sub- tending a chord bearing S 48'29'41" w 58.13 feet; thence S 73'42'02" w 40.77 feet to a point on the west line of said parcel described in Book 514 at Page 960, thence along said west line the following two courses: 1) S 32'22'49" E 270.27 feet;.thence 4S-10'01'07" E 342.34 feet; thence N 64'46'02" E 251..45, feet to the venter of -Bur Mile Creek; thence along the. center of Pour Mile .Creek the following.,se',en courses: 1) S 57' 27'30" E 124.56 feet; thence 2) S 30'31'47" E 45.28 feet; thence 3) N 90'00'00" E 41.00 feet; thence 4) S 72'17'58" E 49.34 feet/ thence 5) S 24'51.'49" E 45.19 feet; thence 6) S 07'35'41" W 60.53 feet; tbence 7) S 07'05'49"_E 42.76 feet; thence N.84'05'00" E 125.60 feet to the west right-of-way line of County Road No. 117, thence along said west right-of-way line the following four courses: 1) N 24'31'51" W 167.75 feet; thence 2) N 37'29'28" W 201.19 feet; thence 3) N-27'44'52" W 228.62 feet; thence 4) N 35'40'48" W 201.20 feet to the print of beginning, containing 4.971 acres more or less. 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