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HomeMy WebLinkAbout5.0 BOCC Staff Report 04.14.1997BOCC 4/14/97 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for a Resort. APPLICANT: Alleman, Nicholas, Campbell, L.L.C. LOCATION: A tract of land located in portions of Sections 17, 19 and 20, T6S, R93W of the 6th P.M.; south of Interstate 70 and north of the Rifle Village South subdivision, approximately one (1) mile west of Rifle. SITE DATA: 79 acres. WATER: City of Rifle SEWER: City of Rifle ACCESS: Browning Drive EXISTING ZONING: A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located in District F - Floodplain/Severe Environmental Constraints as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981). II. DESCRIPTION OF THE PROPOSAL A. Site Description: This 79.0 acre tract is located south of Interstate 70 , immediately north of the Rifle Village South subdivision. The majority of the tract is reasonably level and fully contained within the 100 -year floodplain of Helmer Gulch, except for some steeper hillsides on the south portion of the property adjacent to the subdivision. It appears the primary type of vegetation on the tract is various grasses, with a few cottonwoods and some wetland areas located on portions of the tract There are no permanent structures on the property at this time. See the vicinity map in the application. • • B. Project Description. The applicant is requesting approval of a special use permit for a resort to allow for a water skiing club. The applicants propose to expand the size of the lake by approximately 2.6 acres and 450 feet in length. The lake would be expanded in length from 1700 feet to 2150 feet as a result dredging out an additional 2.6 acres of land to a depth of 6 ft. to 8 ft. in depth on the west end of the existing lake. The water ski club would be a private membership club for fifteen (15) members. The applicants propose to phase the improvements to the proposed club over two year period. The first year would include the expansion of the lake and basic grading and drainage improvements to create member parking and boat storage areas, a boat dock and certain outdoor recreation facilities associated with the outdoor activities. The second year would see the addition of a clubhouse, swimming area, gasoline facility and additional outdoor recreational facilities. In the first year drinking water would be hauled onto the site and sewer would be provided by portable toilets. In the second year, the proposed clubhouse will be served by City water and sewer. Access to the ski club will be via the Rifle Village South road system, coming off of County Road 320. (See application) Based on the general rules for the ski club, there may be up to three (3) boats on the lake at one time and operating between sunrise and sunset. The lake may be used seven (7) days per week, weather permitting. There is a limit to the number of members to a maximum of fifteen(15) and one guest per member. Memberships may be individual or for a family. III. MAJOR ISSUES AND CONCERNS 1. Zoning. A resort is allowed by Special Use Permit in the A/I zone district. A resort is defined as follows: 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 purpose of recreation, which provides lodging recreational activities, dining facilities, commissary and other needs operated on the site for guests or members. This application is for a lodge for members of the club on land used for the purpose of recreation, thus the proposal can be classified as a resort. There is no minimum size for a facility, nor definition of what type of recreation the land has to be used. Section 5.03.02 of the Garfield County Zoning Resolution requires that the applicant provide the following information: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in conjunction with the proposed use; (2) Street improvements adequate to accommodate traffic 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) 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. 2. Water/Sewer. The applicant's attorney has included a copy of the deed for the property, which includes augmentation water for the pond usage. A member of the Lola Anderson family came into the office and stated that the well noted in application is on their property and cannot be used for this project. There is nothing written or submitted in support of this claim at the time of the staff report being written. This well is associated with the water rights for the pond, but the applicants have 1: - • • ' ° water to use for augmentation in lieu of the well.. Also included in the application is a letter from the City of Rifle, stating that they will provide domestic use water and sewer to the proposed resort, upon request. During the first year, portable toilets and hauled water will be used for the domestic purposes. 3. Access/Streets: Access to the property is through the Rifle Village South subdivision, which is accessed off of County Road 320. Village Drive and Browning Drive are roads that Garfield County has maintenance responsibility and are public roads. The weight of the boat trailers and vehicles pulling them should not create any excessive weight. 4. Design: The adjacent land uses that would be impacted the most are the houses located in the Rifle Village South subdivision. There are five (5) houses located on lots that are adjacent to the proposed water ski lake and on a ridge line that is 40 feet above the lake. The application indicates that the members may use the lake from sunrise to sunset, seven days a week. This would allow someone to be skiing as early as 5:00 a.m. and as late as 9:00 p.m., during the middle of the summer. A representative of the applicant has indicated that these neighbors have been contacted and have not expressed any concerns about the use. There appears to be a potential conflict with the number of members and guests that can use the lake at one time. While the application limits the number of memberships to 15, it is not clear how many members may be present at one time on the lake. A membership may be an individual or a family membership, with no specification of the number of family members that can be included in the membership. The General Rules, limit the number of boats on the lake at one time to three, but no mention of a limit to the number of members and guests that could be on site at one time. As a resort, the maximum "visitor capacity" is 48 persons at one time. • • 5. Other Comments: Enclosed are two letters submitted at the Planning Commission hearing. One letter is from a person that leased the lake from the previous owner since 1986. The other letter is from one of the property owners adjacent to he lake, who have no objections to the proposed water ski club. (See pgs. ) IV. SUGGESTED FINDINGS 1. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 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 hearing. 3. 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 The Planning Commission recommended APPROVAL of the proposed resort, subject to the following conditions: 1. All representations of the applicant, either within the application, or stated before the Board of County Commissioners, shall be considered conditions of approval unless stated otherwise by the Board. 2. There will be a maximum of 48 members/guests at any one time on the site. 3. That water skiing will only be allowed between the hours of 7 a.m. to 9 p.m.. 4. All boats shall be muffled, with the exhaust system venting underwater. 5. Any extemal lighting shall be oriented inward and downward, so as not to reflect or shine on any adjacent property. 6. That the construction of a clubhouse will require that the plans be certified by an engineer at the time that a building permit is submitted. Upon completion of the building, an elevation certificate shall be submitted to the Planning Department prior to the issuance of a. Certificate • Occupancy. F.7. That the applicants provide an access easement along the north and east sides of the lake for the property owned by the Anderson estate. '�7 �E- �r 2043 i 6 P.01 APR -08-1937 16:1n CETAB • • /F- /9,2 April 4, 1997 Mr. Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, Colorado 81601 Dear Mr. Bean, I am writing in support of the special use permit application filed by the Alleman, Nicholas, Campbell Group, L.L.C. for the proposed continuation of waterskiing at the small lake and ski facility, located adjacent to the Rifle South Subdivision. Since 1986, I have personally been signatory to a lease with the prior owners of this property. From that time to present, a group of us water skiers have continuously used that property under this lease for tournament water skiing, the use now applied for by the A.N.C. Group. We also hosted the swimming leg of one or two local tri- athalons, during this eleven year period. All access to the ski lake and property was through the Rifle South Subdivision. I know of no complaints ever made by any adjacent owner, with regards to our use of this property for any of the activities I have described. With our limited access to recreational water facilities in western Colorado and the proven responsible track record of the use of this property as a reacreational waterski facility, I ask that your department approve the special use permit which has been applied for by the owners. Kind Pieter Kelley (970) 925-6750 IOW TOTAL F' . n1 • ERIC D. McCAFFERTY GARFIELD COUNTY PLANNER 109 8TH ST. SUITE 303 GLENWOOD SPRINGS, CO 81601 MARCH 20, 1997 • DEAR MR. McCAFFERTY, WE OWN ONE OF THE THREE HOUSES CLOSEST TO THE ANDERSON POND PARCEL. WE HAVE MET WITH THE NEW OWNERS OF THE PROPERTY, NOW CALLED LAKE TOUEYE, ABOUT THEIR PLANS FOR THE PROPERTY. WE HAVE NO OBJECTIONS TO THE LAKE EXPANSION OR TO THEM USING THEIR LAKE FOR A PRIVATE WATER SKI CLUB, AS THEY HAVE DESCRIBED IN THEIR SPECIAL USE PERMIT APPLICATION. IT HAS BEEN USED FOR WATERSKIING (AND OTHER RECREATIONAL PURPOSES) FOR THE PAST EIGHT YEARS ALREADY. RESPECTFULLY, CONNIE AND JOE FRED CASAUS 035 SHOTGUN DRIVE RIFLE, CO 81650 P 6 • • GARFIELD COUNTY COMMISSIONER AGENDA April 14, 1997 9:45 Building and Planning Report 10:00 Amended Plat - Dietz Subdivision Exemption, Parcel 1 Applicant: Don Wilmoth 10:10 Amended Plat - Rifle Village South, Lot 1, Block 9 Applicant: Baty/Burwell j1'(i7tJc- 10:30 Public Hearing for a Special Use Permit for a Commercial Recreation Facility (Private Water Skiing Club), located one mile southwest of Rifle, north of Rifle Village South Subdivision Applicant: Lake Toueye Water Ski Club 2:00 Public Hearing for a Zone Text Amendment for the Addition of a Light Industrial Zone District in Garfield County Applicant: Mid Continent Resources/Dale Eubank LLC 3:00 Public Hearing for a Conditional Use Permit/Home Occupation, located South of Rifle on CR 332 Applicant: Jerri Ann & Matthew Renner 3:30 Intergovernmental Agreement between the Town of Carbondale and Garfield County for the Review of Issuing a Building Permit for a Wastewater Administrative Building Exhibit B LAKE TOUEYE WATL -SKI CTB General Rules Gover ed by County Cam sloners Office a_s�er Snecisl Usgyermit Ilmtd • Reshct`d to USA Water Ski approved (or similar towboats which shall be muffled, with the exhaust system venting underwater) • A life vest must be in the boat far each occupant, • The use of jet skis, personal water crss2 and other types of power boats shall be prohibited. Snowmobiling on the property is prohibited, • Only ane boat at a time in the slalom course. Guests • Cfuests ;rust sign a liability waiver 'before ':sing the Lakk. Member must always be present with guests. • Limit: two guests per single membership. "'` . 8.theirL • e _tLid C1 T • All members are responsible to s `�: ?�aasv comply w -it:. � ,,.r_s of • e Club. This includes A.BSOLLTTELY, NO ALCOHOL CONSLJLPTION DURING S=.. ACTIVITIES, I.E. DRIVING, RIDING OR SING. Insurance • Each boat -owning member must show a S500,000 liability insurance govai-nng rile use of hisiher boat i:sa„e/Ru1eq • Baating activities will be permitted between 7 a.m. =I 9 p.m., seven days week, • No sets allowed off the property. • So skiing, driving or riding in the boa: if alcohol has bce.: consumed. NO E. �CEPTIONS TO THIS RULE. • Small children must swim with a life vest and under adult supervision. Drowning prevenrion is paramount. • Total maxim= membership and guest occupancy shall net exceed 48 people. -401 mIMMO mm W mansmomr rn • • GARFIELD COUNTY ROAD AND BRIDGE P.O. BOX 2254 Glenwood Springs, Colorado 81602-2254 Phone 945-6111 DATE: April 21, 1997 TO: BOCC FROM: King RE: Intersection of CR 320 & CR 357 As to your request, I have inspected the County road intersection at CR 320 & CR 357, as well as the interior road to Rifle Village South Subdivision. I have viewed these roads with respect to them being utilized by parties pulling a typical ski/fishing boat and what safety factors need to be addressed or revised. With regards to this inspection, the following points were noted: RIFLE VILLAGE SOUTH SUBDIVISION (REMINGTON & VILLAGE DRIVE) 1: There is 1 existing 20 MPH sign We need 3 more 20 MPH signs 2: Two signs at the intersections giving directions to the lake might be helpful to minimize vehicles wandering throughout the subdivision. COUNTY ROAD 320 1: The existing intersection warning signs for both east and west bound traffic could be moved back providing sooner notification. 2: The existing 35 MPH sign for east bound traffic should be moved back to the west. 3: We need a 35 MPH sign for traffic west bound approximately 1/4 mile from the subdivision entrance. 4: The shortest sight distance that exists is for vehicles west bound on CR 320 approaching the subdivision entrance. The distance is approximately 528 feet, which is adequate for a 55 MPH posted speed. 5: Possible the county should monitor travel speeds on CR 320 to see typically what traffic speeds are both east and west of the intersection. This project would take approximately 6 to 7 days to get adequate readings. 6: If needed, it might be possible to shave some bank off of the south side of CR 320 east of the intersection, to provide even more sight distance. 7: The sigh distance back to the west was very adequate. I hope this helps with your evaluation. cc: Sherry A. Caloia Ron Liston Eric McCafferty Ron west • • Lake Toueye SUP 4/14/97 The subject tract is 79 acres in size and located north of the rifle village south subdivision, at the terminus of browning drive, what has historically been known as Anderson Pond. Except for a hillside on the southern portion of the tract, the majority of the tract is reasonably level and vegetated by grasses cottonwoods and some wetland plants and contained within the 100 -year floodplain of Helmer Gulch. At this time, there are no permanent structures on the property. The special use permit is to allow the applicants to operate the ski lake as a private resort, with a membership of 15 either family or individual members. The applicants also propose improvements to the lake, to be phased over at least 2 years. In the first year, the lake would be expanded, increasing the total length from approx. 1700 feet to 2150 feet, with a depth of between 6 and 8 feet. First year improvements would also include grading and drainage improvements, the construction of a parking area, boat storage area, a boat dock and perhaps other facilities. Improvements for the second year are proposed to include a clubhouse, swimming area, gasoline facility and related facilities. Initially, drinking water would be brought to the site and sanitation would be handled by portable toilets. After this, the proposed clubhouse would be served by City of Rifle water and sewer. The rules governing the ski club would allow up to 3 boats on the water at any one time, 1 boat in the course and the other two waiting at the dock. Hours of operation were originally proposed between sunrise and sunset, which were amended at the Planning commission hearing to be from 7 a.m. to 9 p.m., 7 days per week. Each member would be allowed one guest and as i said, there would be 15 individual or family memberships. In terms of zoning, the tract is zoned A/I, which does allow a resort upon the issuance of a special use permit. This interpretation is derived from the proposal for a lodge, more specifically the clubhouse, thus meeting the interpretation of a resort. The size of the proposed lodge and the type of recreational activities allowed are undefined. The zoning resolution provides certain standards to which special uses must adhere, they are: 1] Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer shall either be in place or shall be constructed in conjunction with the proposed use; 2] Street improvements adequate to accommodate traffic 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] 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 far as water is concerned, the city of rifle has submitted a letter indicating the city will provide water and sewer to the resort. There has been a question of water rights, whereby apparently, an • • existing well proposed to be used for augmentation is on an adjacent property and may not be used for this purpose. This appears not to be an issue, as the applicants will provide augmentation water from Green Mountain Reservoir. In terms of access, the subject tract is reached via county road 320 and the internal street system of rifle village south, which are county roads. Although access to the site is across a weight restricted bridge, at Helmer gulch, the weights of the vehicles and trailers should not exceed the posted limits. Direct impacts from the proposed use would likely be to the residential land uses in the adjacent subdivision and, most likely, the homeowners and residents on the bluff overlooking the e lake. Currently, there are 5 homes on the bluff, which is approx. 40 feet above the level of the lake. The proposed and recommended hours of operation may result in noise impacts to the adjacent residential land uses. Additionally, there may be a conflict with the amount of members and their guests that would be allowed to use the sight at any one time. Memberships are limited to 15; however, it is not clear how many members would be allowed in a family membership. As a resort, the maximum, visitor capacity at the site would be limited to 48 persons at any one time. At the planning commission hearing, two letters were submitted, one from an individual who once leased the property and supports the proposed use, the other letter is from an adjacent landowner who has no objections to the proposal. Finally, at its April 9th meeting, the planning commission recommended approval of the application, pursuant to the listed conditions. 4/1414 • 2cQbe vOrL �LM��L U A14(1 -4,t/ f Q� As5 0 1 4,--0°)ziN4L. 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