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HomeMy WebLinkAbout4.0 BOCC Staff Report 05.19.2008BOCC Exhibits (5/19/2008) — 319 Water Company— Camper Park Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts Proof of Publication B C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from Steve Anthony of the Garfield County Vegetation Management Department dated April 15, 2008 G Memo from Jake Mall of the Garfield County Road and Bridge Department dated March 27, 2008 H Memo from Will Spence of the Colorado Division of Wildlife dated April 15, 2008 I Memo from Matt Sturgeon of the City of Rifle dated April 14, 2008 J Memo from Jim Rada of the Garfield County Public Health Department dated April 14, 2008 K Email from Mark Kadnuck of the Colorado Department of Public Health and Environment (CDPHE) dated April 10, 2008 L Memo from Michael Erion of Resource Engineering dated April 15, 2008 M Email from Kevin Whelan of the Rifle Fire Protection District dated April 16, 2008 N Email from Jimmy Sills of 319 Water Company dated February 25, 2008 0 Fax from Jimmy Sills of 319 Water Company dated April 22, 2008 P Fax from Jimmy Sills of 319 Water Company dated April 23, 2008 Q Letter from Mark J. Vanarelli of the Colorado Division of Water Resources dated April 17, 2008 R Letter and Additional Information as Required by Planning Commission dated May 2, 2008 S Email from Jim Rada of the Garfield County Public Health Department in Response to Information Provided in Exhibit 0 dated May 9, 2008 TLetter from Michael Erion, P.E. of Resource Engineering Inc. in Response to Information Provided in Exhibit 0 dated May 9, 2008 U Email from Matt Sturgeon, Assistant City Manager of the City of Rifle to Jimmy Sills dated May 7, 2008 V Email from Jimmy Sills to Matt Sturgeon in Response to Exhibit R dated May 8, 2008 W Stop Work Order issued to Jimmy Sills of 319 Water Company dated February 21, 2008 X Stop Work Order issued to Jimmy Sills of 319 Water Company dated April 1, 2008 Y Stop Work Order issued to Jimmy Sills of 319 Water Company dated April 15, 2008 Z Follow -Up Letter and Conditions of Approval from the Planning Commission Public Hearing dated April 24, 2008 ,4{4�p r'l� l4Pnnc,� mss.dot iCee( 1313 12(0.1.t'. c M pt G`.a.ss /`9esct �{ew�to�-.-tern ?r.`( PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: PROPERTY OWNER: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING: BOCC 5/19/2008 DP Special Use Permit (SUP) The Applicant requests a SUP for a "Camper Park" in the ARRD zone district 319 Water Company (Jimmy Sills) Approximately 1 mile south of the Garfield County Airport on County Road 319. 35.75 acres CR 319 ARRD (Agricultural/Residential/Rural Density) ARRD (Agricultural/Residential/Rural Density) I. BACKGROUND The Applicant is proposing to build and operate a 100 space Camper Park on a 35.75 acre property just south of the Garfield County Airport on County Road 319. No tent spaces are proposed. Each space is to be provided both wastewater and potable water hookups. Wastewater is to be accommodated by three Individual Sewage Disposal Systems (ISDS) while potable water is to be supplied by a central water system. At the Planning Commission hearing on April 23, 2008, the Applicant reduced the number of Camper Spaces from 100 to 60 spaces in order to provide 100 gpd of wastewater and match the required 100 gpd of water supply per camper space. As a result of this change, the Planning Commission is recommending by a vote of 6 to 0 that the Board of County Commissioners approve the Special Use Permit as amended. As a result of the Planning Commission hearing, the Applicant has submitted an updated ISDS plan and site plan on May 2, 2008. This plan was reviewed by Jim Rada of the Garfield County Public Health Department and Michael Erion, P.E. of Resource Engineering on May 9, 2008 (See Exhibits S and T, respectively). If approved, the development of any additional camper spaces above 60 would require a new Special Use Permit through Garfield County or annexation into the City of Rifle. UMW" MM. ; t �►� '_ moi! ��% lid)IPIMITA4111111/..— Air worn µi1 -70 Garfield County Airport r MI I EMI MIN CJD Rax,..1 -.WS, _.tuna, MIST RAW . gem,/ :c AesHOMy ..ieasm.ar:c wr wD amsr 11111 N•te : "SW Ra 1S(••• Aixxxa Mp'r% G^Y-101.n xPM. Subject Property • • 319 Water Company - Camper Park G 700 1,400 2.800 Feet Note: Dots Represent Gas Wells 2 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 II. DESCRIPTION OF THE PROPOSAL The Applicant is proposing to construct a "Camper Park" to accommodate 60 self-contained Recreational Vehicle (camper) spaces. Each space within the park is to be served by central water and wastewater hook-ups. Water is to be supplied by a shared well which has been demonstrated to produce up to 35 gallons of water per minute while wastewater is to be accommodated by three onsite Individual Sewage Disposal Systems (ISDS). The Applicant has represented that the intent of the Camper Park is to fill a niche for Recreational Vehicle spaces to accommodate temporary workers and their families needed within the gas industry. As this type of use is not consistent with the intent of the Camper Park regulations (geared toward tourism) within the Garfield County Zoning Resolution (Section 5.02), the Applicant is requesting a waiver from Section 5.02.20. Section 5.02.20 requires that "Occupancy in camper parks by any individual shall be limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County." This request is discussed later in the Staff Report. The Applicant represented at the Planning Commission Hearing that the Camper Park would be open to recreational tourists as well. The Applicant has represented that the hours of operation are to be 24 hours a day, 7 days per week. The traffic study indicates that trip generation from the site is to be approximately 177 ADT. The report goes on to state that this translates in to 32 trips during the AM peak and 48 trips during the PM peak. Overall, the Camper Park is to increase the traffic on CR 319 by 13% while the AM and PM peak hours will be an increase of 20% and 34% respectively (based on 100 space camper park). Please see the definitions below from Section 2.00 of the Zoning Resolution which are relevant to this application: 2.02.11 Camper Park: Any lot which has been designed, improved or used for the parking of two (2) or more camper vehicles and/or tent campers for human habitation. 2.02.12 Camper Space: A plot of ground within a camper park designed for accommodation of one (1) camper vehicle or tent. 2.02.13 Camper Vehicle or Trailer: Any vehicle or portable structure designed to be transported on, or towed behind, a vehicle and designed to permit temporary occupancy as living quarters; it shall be considered self-contained if it includes a toilet and a bath or shower. 2.02.37 2.02.38 2.02.39 Mobile Home: A building manufactured partially or entirely in a factory and at a minimum, meeting the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401, et seq., as amended and has a dimension of less than twenty (20) feet wide and/or twenty (20) feet long. (A. 95-043) Mobile Home Park: Any lot used for location of two (2) or more mobile home buildings for human habitation. Mobile Home Space: A plot of ground within a mobile home park designed for accommodation of one (1) mobile home. 3 319 Water Company — Camper Park Special Use Pelinit BOCC 5/19/2008 III. SITE DESCRIPTION The 35.75 -acre property is located approximately 1 miles south of the Garfield County Airport and the City of Rifle limits. Access is provided via County Road 319. Physically, the property is undulating and generally rises upward away from County Road 319. The property is covered mostly by sage brush, pinion juniper and dry grasses. (See street and topographical map on following page) The Property is also adjacent to the Rifle Airpark Annexation. As a result of this annexation, which is expected to take place in the summer of 2008, the City of Rifle limits will be directly abutting the subject property on two sides. As a result of the Rifle Airpark Annexation, the subject property is expected to be able to achieve the 1/6 contiguity requirement for annexation with the City of Rifle within the next several months (as early as June 2008). As is noted in Exhibit I from Matt Sturgeon, Assistant City Manager with the City of Rifle, "the City will not consider annexation when the property becomes eligible for annexation — this could be as soon as June 2008 — unless the RV Park is built to City specifications. See Sec. 16-10-50 R.M.C. www.rifleco.org." Although Garfield County cannot require the Camper Park to develop to City of Rifle development standards or require annexation, the Applicant should take this into account when designing this development in order to permit future annexation of this property and service by municipal water and sewer services. 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NIOkITS,•.4.,,,IIJNIA aA2s, xlvd • , • i I 4 • 1.7 .!3 fifi \ \ 1' • ^ flfl 7 Mamm Camp RV Park — Site Plan (100 Space) — Presented to Planning Commission 5 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 vurk, wow 02t9-SZO (oS) XVS ,68-9-40 (.4) OVPIP 1.13010,1 'MAE 3:142AV ',no< fegtZ -3N1 'oNi8aarzioNia 3k2ST-ma Mamm Camp RV Park — Site Plan (60 Space) — Submitted May 2, 2008 6 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 Legend — Highways ays - Trails -� Cin:Streets - CountyRoads [I1 Water I 1 sections City • Parcels Q C42tAileBuffer I I 319 Water Company Camper Park Aerial Photo 0 55 110 220 Feet I t I I I I I 7 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 IV. REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. City of Rifle: See Exhibit I (April 14, 2008) The City of Rifle appreciates the opportunity to comment on the Special Use Permit application made for a 100 space camper/trailer park on CR 319. The City does not wish to pose a direct objection to the request as such a facility is needed in west Garfield County; however, we do wish to point out some concerns the City has relative to this specific request. We hope county staff and the applicant will consider these concerns moving forward with this application. 1. Was the Rifle Fire Protection notified of this request and asked to review the details of the camper park plan. There is significant wild land fire danger at this location, and the applicant should demonstrate: 1) campfire mitigation; 2) vegetation clearance to campsites; 3) fire vehicle access; etc. 2. The park will be immediately adjacent to industrial activities that may include night time yard activities. This interface should be understood going forward. 3. The applicant should be required to tie to municipal services, wastewater in particular, as it becomes available. 4. The applicant mentions making this park available to families. There are many social implications associated to introducing families to this type of living environment. It is understood this will facilitate long- term stay needs, but family living should not be promoted or encouraged. 5. This permit should have a five year life with an option for the county to review and terminate if the park is a nuisance or has no market need, and the county should have the ability to terminate long-term stay allowances to transition the park into a "conventional" RV park facility. This should not become a perpetual living option for residents of Garfield County. It should be viewed as a solution to an immediate residential need associated with regional energy development and rental housing shortages. 6. The park will have an impact on City street infrastructure. If this were occurring in the City we would charge an off-site street impact fee that would go to City wide transportation needs (1-70 Roundabouts, Airport Road improvements, etc). Permitting this use will influence negotiations regarding annexation of CR 319 road in the future. 7. The use is required to obtain a City of Rifle Watershed Permit before any ground is disturbed. 8 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 8. Park management should be a major concern to the county. The applicant should demonstrate an ability to operate this facility like a conventional RV Park facility. 9. The City will not consider annexation when the property becomes eligible for annexation—this could be as early as June 2008—unless the RV Park is built to City specifications. See Sec. 16-10- 50 R.M.C. www. rifleco. orq b. Rifle Fire Protection District: See Exhibit M (April 16, 2008) The IFC references NFPA 1194 – Recreational Parks and Campgrounds, 2005 for design and was used in my review process The following are my comments for the proposed Mamm Camp RV Park up CR 319- Jimmy Sills , developer. 1. Fire Protection Water supply - a. My understanding is that the water supply will connect of an existing system in the area. Maintenance records of this existing system, per NFPA 25, is needed to verify that this system is operational. b. Exhibit B indicates that the fire district will conduct flow tests. The fire district would prefer an approved third party conduct this tests and that they are witnessed by the fire district. NFPA 25 does require this to be done on a yearly basis by the owner of the water system c. Plans indicate that a new hydrant would be required. A further review of hydrant spacing is required. d. All hydrants and piping shall be installed per city of Rifle standards 2. If the dead end road in the NW corner of the park is greater tan 100 ` in length, an approved turnaround shall be provided. 3. Posting of addresses: Addresses are to be posted where the driveway intersects with the County Road as well as on the individual sites and / or where single roads intersect. Letters are to be a minimum of 4 inches in height, 1/2 inch in width and be in contrast to background colors. 4. If used, individual propane tanks are to be placed in a location where they are not subject to damage and combustible materials are to be kept a minimum of 10 feet away from tanks. 5. Vegetation should be removed from near any structures to provide a safe area in the event of a wild land fire. Information is available at the district office. 6. Roadways /Driveways: Consideration should be given to the heavy weights of emergency apparatus when constructing roadways and roads are to be of an all weather -driving surface. 7. NFPA 1194 indicates that fire extinguishers (minimum 2A 20BC) should be spaced at 100' travel distance in the event of a fire. Approval of the water supply system would likely eliminate this requirement but it should be discussed with the developer. 8. Campfire locations and design should also be approved by the fire district 9 319 Water Company – Camper Park Special Use Permit BOCC 5/19/2008 9. NFPA 1194 requires the following: a. Employee training in the event of an emergency b. A posted evacuation plan c. Posted fire regulations that should include: i. Telephone information for contacting fire , police and medical help (911) ii. Address and Telephone number of the Park iii. Location of nearest public telephone c. Colorado Division of Wildlife: See Exhibit H (April 15, 2008) The referral form for the Camper Park includes an extensive wildlife section by Kirk Beattie who did a good job of identifying the species that may be impacted by this development. It appears the study was intended for a subdivision rather than a camper park. Most values will stay the same except for the fact that the density of traffic and number of people will be higher in a camper park. A camper park will also be inhabited by people who may not care as much about the long term effects of their actions. I will not reiterate his study but will instead focus on a few primary concerns. The location of the proposed Camper Park is heavily used by mule deer and elk during the late fall, winter, and early spring. There were days that several hundred elk could be counted on and around the property this past winter. Winter range in the Colorado River Valley is being developed at an alarming rate. This development results in more human/wildlife conflicts and in the loss of habitat that is crucial to deer, elk, and other species that are sometimes hard pressed to survive the winter. It is important to consider these developments with regard to the fact that the surrounding areas are currently disturbed by energy development or are slated for large proposed developments. I feel it is important to remind the County Planning Department to keep the need for winter range in mind when considering development. The Camper Park will without doubt attract dog owners. The owner of the park should take care to follow Beattie's suggestions of requiring dogs to be either confined on a lot or on a leash; never allowed to run around on the surrounding property. There will be large numbers of deer and elk that persist in wintering nearby that will be a temptation for dogs running loose. The Camper Park should be aware that there will be nuisance wildlife and have plans to mitigate that problem. There should be bear proof trash containers to preclude bears, skunks, and raccoons from making a habit of finding their food in the park. All trash must be properly disposed of. Barbeque equipment will draw those animals and should be kept clean and put away. Deer and elk will feed on any young trees or shrubs planted for shade and landscaping. Those plants should be protected by plastic fencing or other exclusionary devices. 10 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 d. Colorado Department of Public Health and Env.: See Exhibit K (April 10, 2008) The water system will be a public water system and need to go through CDPHE-WQCD review as proposed. The wastewater system is proposed as an ISDS(s?). The total volume of sewage will be greater than 2000 gal/day, thus a single ISDS will need to go through CDPHE- WQCD site application and design review process or multiple ISDSs will be required to meet WQCD Policy 6 requirements (multiple ISDSs on a single property). e. Colorado Division of Water Resources: See Exhibit Q (April 17, 2008) The above -referenced submittal requests review of a site plan for an addition to an existing building with a garage on a 1.27 -acre lot A well is located on the lot. As stated in the State Engineer's March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to review land use actions that do not include the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". However, we have performed a cursory review and are providing informal comments. Permit No. 61926-F (incorrectly identified as 61926 in the Special Use Permit Application, dated February 2, 2007) was issued pursuant to CRS 37-92-602(3)(c) for the expansion of use of this existing well (Permit No. 252359). The uses allowed by the permit are limited to fire protection, ordinary household purposes inside not more than twenty-five (25) single family dwelling units, the irrigation of not more than 4,000 square feet of home gardens and lawns per residential site, drinking and sanitary facilities inside not more than forty-six (46) commercial business units, irrigation of not more than 4,000 square feet of landscaping for each commercial unit. Total irrigation shall not exceed 6.52 acres (284,000 square feet) of home gardens and lawns and commercial business landscaping. The maximum pump rate can not exceed 35 gallons per minute and the annual amount of ground water to be withdrawn can not exceed 32.431 acre-feet. The permit was issued with the condition that the well would be operated only when the West Divide Water Conservancy District's substitute water supply plan was in effect and when the well owner and the district maintained the valid contract, designated as #040219WC(a), for replacement of any out -of- priority .depletions to the stream system. The applicant proposes to supply water from this off-site well. However, due to the fact that the permitted uses do not coincide with the proposed uses a new well permit is required prior to use of the well in the Camper/ RV Park. The response will also state that the SEa does not necessarily take the position that the water supply plan is valid. f. Garfield County Road and Bridge Department: See Exhibit (March 27, 2008) Garfield County Road & Bridge Department has no objection to this application with the following comments. A driveway access permit has been issued for this project and will be signed off on when completed. The conditions for the driveway access include a paved apron and a stop sign located at the entrance to Cr. 319. Cr. 319 has been improved from this driveway access going north has been reconstructed and will handle the increased traffic volume for this application. This project will help alleviate some of the temporary housing shortage for industry workers who are not on long term status in the local area. g. Garfield County Veg. Management Depart.: See Exhibit F (April 15, 2008) Noxious Weeds The applicant needs to provide a current weed inventory and map. Please provide a weed management plan that reflects the inventory. 11 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 Reveqetation The applicant has provided the plant material list and revegetation plan for the Mamm Creek Commons project, we assume that they want to utilize that plan for this project. Please quantify the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. Staff recommends a revegetation security once this information is provided. Soil Plan It is requested that the applicant provide a Soil Management Plan that includes: Provisions for salvaging on-site topsoil. A timetable for eliminating topsoil and/or aggregate piles. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. h. Garfield County Sheriffs Office: No Comments Received i. Garfield County Public Health Department: See Exhibit J and S Exhibit J (April 14, 2008) 1. The design requirements notes for ISDS 2 & 3 indicate that the slow perc rate in one test hole was discarded due to the bottom of the test hole being in a dense clay lens. This is inappropriate as we want to include soils that are representative of all soil types in the leach field area. There are no provisions for discarding percolation data in the ISDS Regulations. If the design engineer feels that this is an anomaly, then additional perc tests should be run and all test results averaged. This said, the average percolation rate for site 2 is 53 minutes per inch and will require a leach field of 2031 square feet. Using this figure, they should still be able to fit the system in the designated area. The same note on system 3 appears to be inaccurate as the perc rates for all three test holes is 27 minutes per inch. 2. ISDS Plan No. 2 indicates that the leach field will lie perpendicular to the slope. From the topography on the site plan, this will put one end of the leach roughly 7-10 feet deep. This puts the deep end of the leach field approximately 3.5 — 6.5 feet deeper than the perc test was run. As indicated in the perc test reports, variable soils exist in the area which could result in this system being in soils that are substantially different than identified in the perc test. In addition, at this depth, the system will be partially installed at a depth greater than the manufacturer's recommendation. I recommend that the engineer be required to retest the soils for this system at the 12 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 appropriate depth to assure an accurate percolation rate and provide information from the manufacturer indicating whether this system can be installed at the designed depth. It appears that they might also be able to relocate this leach field across the road and better be able to maintain the leach field orientation along the surface contour. Of course, a new perc test would be required for this area. 3. Parts of leach fields 2 and 3 appear to be encroaching on the mandatory 25 foot leach field to potable water supply line setback. Per the ISDS regs encroachment may be allowed if the water line is encased according to footnote 2 of the ISDS Setback table (Page 24-25 of ISDS Regs). 4. There are many locations on this plan where sewer lines will cross over the water lines or lie within the 10 foot mandatory setback. Per the ISDS regs crossing or encroachment may be allowed if the water line is encased according to footnote 2 of the ISDS Setback table (Page 24-25 of ISDS Regs). 5. Effective distribution of effluent in these leach field will be difficult with gravity flow and varying lengths of chamber rows. For most effective, equal distribution of effluent in all of these systems, the engineer should consider pressure distribution rather than gravity distribution. 6. No ISDS management plan is specified. As a commercial operation, greater attention must be paid to these systems to assure that they operate at their optimum level at all times. I recommend that the applicant be required to submit an inspection and maintenance plan as a condition of approval. 7. The GC Development code apparently requires a water supply capable of providing 100 gpd to each space where individual water connections are required. This does not match the 50 gallons per day ISDS sizing factor from the ISDS Regulations used for the ISDS design. I am unable to find any additional requirements to increase sewage flows to match water flows, but as this facility will likely house multiple people per unit, the county may want to consider larger flow figures. 8. The August 2004 Amended Water Contract from the West Divide Water Conservancy District approved 16.23 acre feet for 25 residential and 46 commercial units and 284,000 square feet of lawn/garden irrigation. This is confirmed by the Sill #2 well permit. The Well sharing agreement also states that the water use from this well must conform to the terms and conditions set forth in the well permit and the West Divide contract. I did not read anywhere in the document submitted about use of this water for a 100 unit camper park. I recommend that the County require the applicant to document that this development falls into the scope of the original well permit and West Divide contract. If it does not then I recommend that a condition of approval be to have the applicant align the proposed uses with revised documents from both West Divide and the Division of Water Resources. 9. Due to the changes in Public Water System classification and water quality issues, I also recommend that a CDPHE approval of the water system be a condition of BOCC approval of the SUP. 13 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 10. No mention is made of solid waste storage and management in the submittal. In line with the wildlife consultant's recommendations, the applicant should provide information and specifications as to how they will manage solid waste generated on site. Consideration should be given not only to wildlife issues but also nuisance issues associated with solid waste (i.e. litter control). Exhibit S (May 9, 2008) I have reviewed the revised submittal for the ISDS Plans at the proposed 319 Water Co. Camper Park. It is clear that Bull's Eye Engineering has made appropriate adjustments to the calculations that have resulted in a design on paper that appears to meet the minimum requirements of the Garfield County ISDS Regulations and the CDPHE WQCD Policy 6. However, I still have some concerns relative to the proposal. 1. The leach field for ISDS #2 is depicted approximately 120 feet from what appears to be a dry gulch or creek. If this is the case, the ISDS Regulation would require a system of this size to be located a minimum of 210 feet from a creek or 185 feet from a dry gulch. It appears that the new location is inappropriate for a system of this size. 2. Leach fields 1 and 2 have been relocated slightly away from where the original perc tests were run. Per the engineer's original notes, there may be variable soil conditions in the area. The ISDS regulations require perc tests to be run in the area of the proposed leach field. Should more clay soils be encountered in these areas, leach field sizes may increase creating additional potential setback issues. I recommend that additional perc tests be required for ISDS 1 and 2. 3. As you are aware, some grading and excavation work has been conducted on this site. It appears that some of this work may have been done over the ISDS #3 leach field area. Running heavy equipment over fine soils can result in compaction. If activity has taken place in this area, an evaluation of these soils must be made by an engineer to determine if the soil characteristics have changed. 4. As you can see, the leach field separation buffers for ISDS 1 and 2 come very close to overlapping. Any changes in size related to #1 above could cause these systems to encroach throwing this application in to CDPHE review. 5. Leach field for ISDS 2 and 3 are located very close to the mandatory 10 foot property line setback requirement. Property lines must be clearly identified prior to construction to avoid encroachment. 6. All components of the ISDS must be staked and inspected by the Building Department or the design engineer prior to beginning site grading and excavation to assure that all mandatory setbacks are being met. 7. No mention is made regarding sewer line crossings over water lines. ISDS engineering for permit must include minimum specifications for such crossings per the Garfield County ISDS Regulations. 14 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 Resource Engineering: See Exhibit L and T Exhibit L (April 15, 2008) Section 5.02.08 Water Supply (1)There is no evidence to support that the water supply is in compliance with the CDPHE drinking water standards. Such evidence must be presented prior to any issuance of a Special Use Permit. (4)There is no evidence that the proposed water distribution system is in compliance with CDPHE drinking water regulations and GARCO criteria. Evidence of such must be submitted including typical design details. Section 5.02.10 Water Supply (1)Well permit No. 61926-F does not allow for a camper park. A valid well permit allowing the proposed uses must be obtained and provided prior to issuance of any Special Use Permit. (2)Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. (3)Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. Section 5.02.11 Fire Protection (1)There is no evidence to support that the Fire Protection criteria are met. Section 5.02.13 Sewage Disposal (1) Typical site layout of sewage disposal facilities should be provided. (2)The proposed sewage disposal includes four ISDS systems designed for 50 gpd per unit. The water requirement is 100 gpd per unit for individual water and sewer service. The ISDs systems should be designed for at least 100 gpd per unit. Four additional ISDS systems are required. 5.02015 Sewage Disposal (1)Typical layout and design details for the individual sewer connections should be provided to ensure compliance with GARCO standards. Section 5.02.20 Miscellaneous Regulations (1)Applicant has requested a variance from the 120 day maximum occupancy time limit. Such variance would create a "temporary 15 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 housing project." This may impact the water and sewer usage as well as traffic estimates. It is recommended that the water use (and resulting sewer use) be monitored through flow meter readings to ensure compliance with ISDS design parameters. Section 5.03 Special Use Permit General Requirements (1) Utilities Comments on water and sewer are provided above under the specific camper regulations. (2) Traffic/Roads The traffic report assumes 2 average daily trips (ADT) per unit. Given the nature of the proposed project and no on-site commercial facilities for basic necessities, a trip generation of 4 ADT per unit is more reasonable. The traffic report should address the adequacy of the existing CR 319 and the proposed internal roads to accommodate the traffic volumes generated by the proposed project. The report only states that the impact to existing traffic volumes (15% to 30%) is minor. OTHER The proposed project is located within the City of Rifle Watershed District. A Watershed District Permit should be obtained prior to any issuance of a Special Use Permit. Exhibit T (May 9, 2008) WATER The applicant appears to be working on solutions to the issues. Adequate physical and legal water supply remain conditions of any approval to be met prior to issuance of a Special Use Permit. WASTEWATER The use of a design flow of 100 gpd per unit addresses our original concern. The Applicant has limited the number of units connected to each of the three ISDS systems such that the estimated average daily flow does not exceed 2,000 gpd (the threshold for review and approval by CDPHE). The project plan drawing incorrectly notes that the future units require approval from the County Health Department. The future units will require approval from the BOCC and installation of additional wastewater collection and treatment systems. TRAFFIC The driveway location required by Garfield County Road and Bridge was omitted from the original submittal. The new submittal does not include a revised design to line up with Grass Mesa Road as apparently required by Road and Bridge. The revised design should be submitted and approved prior to issuance of any permit. 16 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 V. COMPREHENSIVE PLAN The property lies within Study Area 2 and is designated on the proposed land use map as Outlying Residential. The Applicant has proposed a use that is industrial in nature which conflicts with the present designation. Consider the following Goals, Objectives, and policies that apply to the proposal: a. Goals Tourism is an integral component of the economy of Garfield County. Therefore, itis essential that the planning process respect the natural environment that brings residents and visitors to the County. Garfield County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources, and physical location -to -market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. While the proposed project is intended to serve the gas industry's immediate need for temporary housing for gas workers, the regulations written for this kind of development (Section 5.02) were intended for recreational and tourism purposes. To this extent, while the Camper Park is immediately and into the near future (next 5-10 years) for commercial and industrial support purposes, the long term use of the Park is contemplated to be tourism and recreation. As such, this proposal fits both immediate housing concerns related to local gas development as well as long term recreational uses once the gas industry is no longer as strong of an economic force within the County as it is today. b. Obiectives 2.1 To encourage adequate, integrated housing at a reasonable cost to residents throughout Garfield County. 4.5 Ensure that the type, size and scope of industrial and commercial development are consistent with the long-term land use objectives of the County. The proposed development is intended to fit an immediate niche market to supply housing in the form of Recreational Vehicle spaces for temporary workers within the gas industry. As the gas industry is arguably at its peak within Garfield County, this kind of housing accommodation is currently in very high demand. As is the current situation throughout the County, many existing Camper Parks are fully occupied year-round with gas industry workers despite a requirement that they not be at the site for over 120 days within each calendar year. As such, this application and the current situation with housing for temporary workers within the gas industry has pitted several goals within the County against each other. On the one hand, the County has goals and objectives within the Plan to encourage a diverse range of housing options and types to support various commercial and industrial activities. On the 17 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 other hand, this proposal is to utilize expressed temporary structures (Recreational Vehicles) as more or less permanent living quarters (over 120 days) which is contradictory to the goal of providing quality (permanent) housing. In addition, the proposal is submitted under regulations which were intended to accommodate the tourism industry within Garfield County, not the gas industry. To this end, although such a Camper Park will provide immediate housing accommodations to gas industry workers it could also serve as an accommodation for the tourism industry following its useful life as a Camper Park for gas industry workers. Further, as expressed within Exhibit I from the City of Rifle, since this facility is to accommodate families (by contrast, family members are not permitted to stay at a Temporary Employee Housing Facility per Section 5.02.21), there are significant social implications (such as school impacts, secondary employment impacts, etc.) from this kind of development which would not be expected from a traditional Camper Park used for recreational purposes or a Temporary Employee Housing Facility. c. Policies 4.3 The project review process will include the identification and mitigation of transportation impacts related to commercial and industrial development. The Applicant has submitted a traffic study related to the expected impacts from the proposed development. However, this study is based on a Camper Park used for recreational purposes, not as housing for gas industry workers. As such, the numbers within the study are expected to not be completely accurate for the immediate use of the property. However, the Garfield County Road and Bridge Department (Exhibit G) has indicated that a driveway permit has been issued and did not foresee any problems with the traffic study as submitted. Meanwhile, Michael Erion P.E. of Resource Engineering has expressed concern regarding the traffic impact study. Staff suggests that as a condition of approval, the Applicant be required to submit a new traffic impact analysis addressing the concerns by Michael Erion. 4.1 Commercial development will be encouraged in areas where existing infrastructure (water and wastewater facilities) are currently available. Since this development is anticipated to be located adjacent to the City of Rifle limits within the next several months (Exhibit I, City of Rifle states as soon as June 2008), in respect to 116th contiguity, this property will be eligible for annexation to the City of Rifle very shortly. Such an annexation will presumably enable the Applicant to connect to City of Rifle water and wastewater facilities. Considering the constraints in terms of water quality (radioactivity) and expressed issues with the proposed ISDSs (See Exhibits J, K, L, R, S, and T) it may be financially beneficial to the Applicant, promote health and wellbeing among the inhabitants and help protect ground water and soil quality by hooking this development to City services. The Applicant acknowledges within Section 4 of the application that the proposed well is to serve three entities (developments) "until the properties are adjacent to the City of Rifle at which time annexation into the city is anticipated." 18 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 VI. REVIEW STANDARDS Special Uses for Camper Parks are subject to the standards in Section 5.02 and Section 5.03 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 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; Staff Finding 1) Water: - Quantity: The Applicant has represented that the well with permit number 61926 can pump up to 35 gallons per minute or 30,000 gallons per day to serve three entities (319 Water Company, Mamm Creek Commons, LLC and 319 Properties, LLC). The current status of the well is as a Transient, Non -Community Water System. The proposed Camper Park requires that the system be reestablished with CDPHE as a Community Water System. Comments from the CDPHE (Exhibit K) confirm that the water system as proposed will need to be permitted by CDPHE-WQCD. A pump test conducted in 2003 indicated that "this well will not provide reliable long term yield of 35 gpm. However, the well can be pumped at 35 gpm for short periods of time (24 hours or less) followed by periods of equal or greater recovery. We recommend an average yield of 30,000 gallons per day be used for planning purposes." A well sharing agreement has been submitted which legally distributes and maintains the water to the three entities. With a planned yield of 30,000 gpd, and a distribution of 1/3rd interest in Sills Well no.2, it can be deducted that each use is permitted 10,000 gpd. As the Camper Park regulations require 100 gallons of water per day for all self-contained units, a total supply of 10,000 gpd is required (100 self-contained Camper Units X 100 gpd demand). As the number of Camper Spaces has been reduced to 60, more then adequate physical supplies of water have been found to be available. To this end, it is Staffs opinion that adequate physical water is available for the proposed use. - Quality: Since the water system will need to be reestablished as a Community Water System and permitted through CDPHE, Colorado River Engineers on behalf of the Applicant has prepared sampling studies. The sampling study conducted in February 2007 concluded that "the water samples exceeded the Radiological Maximum Contaminant Levels (MCL) for Uranium and Gross Alpha Particles... Without additional treatment, the water is not suitable for use in the CWS, where recurring exposure to the water is expected... Radiation pulls electrons off atoms in the cells (ionizes them) and may prevent the cell from functioning properly. It may lead to the cell's death, to the cell's inability to repair itself, or to the cell's uncontrolled growth (cancer)." The tests showed that all other Volatile Organic Contaminants (VOC) and Synthetic Organic Contaminants (SOC) at Below Detectible Levels while all inorganic contaminants were either Below Detectible Levels or below the Maximum Contaminant Levels. The study also indicates that this well had had problems with high Nitrate levels in the past. 19 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 In regards to Uranium removal, the Applicant has been working with Colorado River Engineers and Water Remediation Technology, LLC (WRT) to find a method to remove the radioactivity from the well water in order to meet the requirements of CDPHE for a Community Water System. This system will need to be approved and permitted by CDPHE as a Community Water System prior to issuance of the Special Use Permit. Considering these challenges, Staff recommends that the project be connected to the City of Rifle water system as soon as the property is eligible for annexation. This opportunity could present itself as soon as June of 2008. If the Applicant chooses to continue land use permitting with Garfield County, a Community Water System permit must be obtained from CDPHE prior to issuance of the Special Use Permit. - Legal Availability: The Applicant has provided an executed West Divide Water Conservancy District Water Allotment Contract (#040219WC(a)) for 16.23 acre feet per year. This water allotment contract, however, does not specify that a 60 space Camper Park for Recreational Vehicles is a permitted user of the water (the contract specifies 46 commercial units comprising 207,000 square feet and 184,000 square feet of lawn and gardens). In addition, well permit number 61926 has been supplied which allows for 35 gpm from Sills Well no. 2. The well permit specifies that the following uses are permitted: fire protection, ordinary household purposes inside not more than 25 single family dwelling units, the irrigation of not more then 4,000 square feet of home gardens and lawns per residential site, drinking and sanitation facilities inside not more than 46 commercial business units and 4,000 square feet of landscaping for each commercial unit. To this extent, a 60 space Camper Park for Recreation Vehicles is not permitted as a part of this well permit. The Colorado Division of Water Resources has indicated (See Exhibit Q), that "due to the fact that the permitted uses do not coincide with the proposed uses a new well permit is required prior to use of the well in the Camper/RV Park." In addition to an Application to Amend Water Lease #040219WC9(a) (WDWCD), the Applicant has submitted the following letter from attorney Lawrence Mincer within Exhibit R: 319 Water Company has filed a request to amend \Vest Divide Water Allotment Contract No. 040219WC(a) to include the camper park as a permitted use of the water. The application will be submitted for approval to the West to append board at its next meeting on May 29, 2008. Upon approval an application he well permit will he filed with the Division of Water Resources, and the Well Sharing Agreement will be amended if necessary. Therefore, the requirements for the amendment to the West Divide contract and well permit ehould remain a condition of approval of the special use permit. Further, the well sharing agreement requires that water use from the Sills Well no. 2 be consistent with the West Divide Contract and Well Permit 61926. As such, the Applicant has not demonstrated that legal water is available for the proposed use. However, given the current uses allowed within the WDWCD Contract and Well Permit, it is Staffs opinion that it is likely that the Division of Water Resources and the WDWCD will allow 20 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 this change in use. To date, the Applicant has submitted an application to amend the WDWCD Water Allotment Contract and have represented that the well permit will be subsequently amended. 2) Sanitation and Wastewater: - Sewage Disposal: The Applicant is proposing to service the facility with three engineered septic systems. The engineered septic systems as designed by Bullseye Engineering, is to handle 60,000 gallons of wastewater per day (100 gpd per Camper Space). Unlike the Garfield County requirements for minimum water supply per Camper Space (100 gpd), the Garfield County Zoning Resolution does not specify a minimum amount of wastewater disposal capacity. The Applicant resubmitted the ISDS plans for this development on May 2, 2008. These plans have been reviewed by Jim Rada of the Garfield County Public Health Department and Michael Erion, P.E. of Resource Engineering (Exhibits S and T, respectively). Jim Rada expressed the following concerns among others regarding the ISDS plan: 1. The leach field for ISDS #2 is depicted approximately 120 feet from what appears to be a dry gulch or creek. If this is the case, the ISDS Regulation would require a system of this size to be located a minimum of 210 feet from a creek or 185 feet from a dry gulch. It appears that the new location is inappropriate for a system of this size. 2. Leach fields 1 and 2 have been relocated slightly away from where the original perc tests were run. Per the engineer's original notes, there may be variable soil conditions in the area. The ISDS regulations require perc tests to be run in the area of the proposed leach field. Should more clay soils be encountered in these areas, leach field sizes may increase creating additional potential setback issues. I recommend that additional perc tests be required for ISDS 1 and 2. 3. As you are aware, some grading and excavation work has been conducted on this site. It appears that some of this work may have been done over the ISDS #3 leach field area. Running heavy equipment over fine soils can result in compaction. If activity has taken place in this area, an evaluation of these soils must be made by an engineer to determine if the soil characteristics have changed. Jim Rada's comment #1, above, is of major concern to Staff. After reviewing the ISDS plan, it appears that relocating ISDS #2 back either 185 feet or 210 feet (currently 120 feet back) to maintain the required distance from the nearby intermittent creek will significantly impact the site plan for the proposed Camper Park and/or require that the wastewater disposal system be permitted by CDPHE (exceed 2000 gallons per day). As a result of this finding, the wastewater disposal system as proposed is not adequate since it does not meet the required ISDS regulations. In order to obtain compliance, 21 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 Staff anticipates that the site plan will change significantly from what has been proposed to the BOCC or to the PC. In addition, the Applicant has been issued three (3) stop work orders (See Exhibits W, X, and Y) by the Garfield County Compliance Officer for grading without a permit. The grading appears to be occurring in the area of proposed ISDS #3 and access roads. As a result, the grading could impact the compaction of the soils and alter the percolation tests as they have been submitted. Further, this grading has negative impacts to the Applicant's ability to obtain approval for an Integrated Vegetation and Weed Management Plan and the City of Rifle Watershed Permit (See Exhibits U and V). In addition, it appears that the total disturbance area is greater than one acre and Staff understands that a Stormwater Permit has not been issued by CDPHE. CDPHE has been notified of this issue. Please see the photos below depicting the active grading which was taking place on May 7, 2008. Site Photos taken from CR 319 — May 7, 2008 22 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 ISDS #1 Required Separation to Avoid CDPHE Permit (Policy 6) ISDS #2 Dry Creek — Intermittent Stream — 185 to 210 Feet Separation Required zT, Proposed ISDS Plan — May 2, 2008 - Solid Waste Disposal: The Applicant has not represented how solid waste will be handled within the development. Section 5.02.19(5) requires that " the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or county designated landfill site. Staff recommends that a solid waste disposal plan be submitted and approved by the Garfield County Public Health Department per Exhibit J prior to issuance of the Special Use Permit. - Fire Protection: The Applicant is proposing to utilize an existing 186,000 gallon water storage tank for 23 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 fire protection purposes which is reportedly in the area. Staff is not familiar with this location and the Rifle Fire Protection District has not indicated knowledge of the location for this facility either. The Rifle Fire Protection District has indicated that flow tests are necessary for this facility and that these tests should be conducted by a third party. Further, the Rifle Fire Protection District has requested that a new review of the hydrant spacing be conducted and that all hydrants and piping be installed per City of Rifle standards. Staff recommends that the concerns identified within Exhibit M be rectified to the satisfaction of the Rifle Fire Protection District prior to issuance of the Special Use Permit. In addition, Staff recommends that a condition of approval be added requiring that all hydrants and piping be installed in conformance with the City of Rifle standards. 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; Staff Finding The Applicant has represented that the hours of operation are to be 24 hours a day, 7 days per week. The traffic study indicates that trip generation from the site is to be approximately 177 ADT. The report goes on to state that this translates in to 32 trips during the AM peak and 48 trips during the PM peak. Overall, the Camper Park is to increase the traffic on CR 319 by 13% while the AM and PM peak hours will be an increase of 20% and 34% respectively. This traffic analysis is based on 100 Camper Spaces. Michael Erion, P.E. of Resource Engineering had the following comments regarding the traffic analysis: The traffic report assumes 2 average daily trips (ADT) per unit. Given the nature of the proposed project and no on-site commercial facilities for basic necessities, a trip generation of 4 ADT per unit is more reasonable. The traffic report should address the adequacy of the existing CR 319 and the proposed internal roads to accommodate the traffic volumes generated by the proposed project. The report only states that the impact to existing traffic volumes (15% to 30%) is minor. It is Staff's opinion that since this facility is to be utilized primarily as permanent living quarters and not recreational purposes that a traffic analysis based on Camper Parks is not appropriate in this scenario. To this extent, Planning Staff agrees with the comments provided by Michael Erion, P.E. regarding the traffic analysis. Staff recommends that a new traffic analysis be conducted which uses projected traffic demand based on a Mobile Home Park instead of a Camper Park and address the adequacy of the existing CR 319 to handle the increase in traffic. In addition, the traffic impact analysis shall consider 60 Camper Park Spaces instead of 100. As a result, Staff recommends that a condition of approval be added which requires that a new traffic analysis be conducted which addresses both the concerns of Michael Erion, P.E. within Exhibit L and takes into account a residential development (such as a mobile home park) and not based on a recreational use. 24 319 Water Company — Camper Park Special Use Petniit BOCC 5/19/2008 The Garfield County Road and Bridge Department expressed no objection to this application. 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; Staff Finding The subject property is located in a rural, increasingly industrial area adjacent to the Rifle Airpark Annexation, the Garfield County Airport, and various gas related facilities and well pads. In addition, this property is located at the base of the primary access to County Road 319 for those who live on Grass Mesa. The proposed use will have a visual impact to the surrounding natural environment seen from County Road 319. Given the size, scale and location of this Camper Park, it is not practical to screen this development with exception to the use of natural vegetation. The Applicant is proposing to leave much of the native vegetation in place which will help screen this development and soften its impact to those using County Road 319. Staff recommends that a condition of approval be added which requires all lighting to be directed downward and inward toward the center of the property. In addition, this site does possess a fairly high degree of wildfire danger. As such, the Applicant should come to an agreement with the Rifle Fire Protection District in regards to Exhibit M and in particular wildfire mitigation and campfire impact mitigation. VII. SECTION 5.02 REQUIREMENTS FOR CAMPER PARKS 5.02.05 Site Plan for Mobile Home Park and Camper Park; General Requirements: (1) Access: the park shall have access to a public street or highway; (2) Drainage: the park shall be located on a well -drained site, graded for rapid drainage and free from stagnant pools of water; (3) Layout: the applicant shall also show on the plan all entrances and exits to the park, driveways and walkways and the design and arrangement of all mobile home spaces, camper spaces and any included service buildings. Commercial facilities included or proposed as part of a park shall be principally devoted to serving occupants of said park. The Applicant proposes to access the site via an access easement across a neighboring property to achieve connectivity with County Road 319. To date, the Applicant has provided a signed agreement; however, the legal description of the easement has not been completed. Prior to issuance of the Special Use Permit, the Applicant shall provide a legal description and conveyed and recorded quit claim deed ensuring that the access to the proposed Camper Park is secure. 25 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 5.02.07 Site Requirements Applicable Only to Camper Parks: (1) Setback.' Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park; (2) Camper Spaces: (B) The area devoted to each camper space designed for camper vehicles or trailers shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a graveled vehicle and trailer parking space of length and width to accommodate the type of camper or trailer by which the space is intended to be occupied. Fireplaces, fire circles and picnic tables shall be installed in sufficient quantities and in convenient locations to satisfy occupants' needs for such facilities. Adequate traffic barriers shall be provided to confine vehicles and trailers to driveways and parking spaces. The minimum on -center distance between campers or trailers shall be twenty (20) feet; (3) Driveways: All camper spaces shall abut upon a driveway graded for drainage and maintained in a rut -free and dust -free condition and which provides unobstructed access to a public street or highway; the minimum unobstructed width of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25) feet for two-way traffic, providing no parking is permitted thereon. An additional eight (8) feet of width shall be required for each parallel parking lane constructed adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking adjacent thereto. Following review of the proposed Road Layout, it appears that these requirements are met. 5.02.08 Water Supply and Distribution; General Requirements: (1) A domestic water supply that is in compliance with the drinking water standards of the Colorado Department of Health shall be provided in each mobile home and Camper Park. Where a municipal supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When such a municipal water supply is not available, a central water supply system may be developed and used if it meets standards of the Colorado Department of Health; (2) Every well or suction line of the water supply system shall be located and constructed in such a manner that neither underground nor surface contamination will reach the water supply from any source; (3) The treatment of a private water supply shall be in accordance with applicable laws and regulations; (4) Water Distribution System: 26 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 (A) The water supply system of the park shall be connected by pipes to all mobile homes, buildings and other facilities requiring water; (B) All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations accepted by the County Environmental Health Officer; (C) The system shall be so designed and maintained as to provide a pressure of not less than twenty (20) nor more than eighty (80) pounds per square inch, under normal operating conditions, at service buildings and other locations requiring potable water supply; (D) A minimum horizontal separation of ten (10) feet shall be maintained between all domestic water lines and sewer lines; (E) Underground stop and waste valves shall not be installed on any water service. Please see discussion above relating to Section 5.03 of the Zoning Resolution. 5.02.10 Water Supply and Distribution Requirements Applicable Only to Camper Parks: (1) Source of Supply: The water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces lacking individual water connections and a hundred (100) gallons per space per day for all spaces provided with individual water connections; (2) Individual Water Connections: If facilities for individual water service connections are provided, the following requirements shall apply: (A) Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of travel trailers or campers; (B) Water -riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be three- quarter (3/4) inch; (C) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes; (D) Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use; (3) Watering Stations: (A) Each camper vehicle or trailer parking area shall be provided with one (1) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the -27- 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 necessary appurtenances and shall be protected against the hazards of backflow and back siphonage; Please see discussion above relating to Section 5.03 of the Zoning Resolution. In addition, see Exhibit N from Jimmy Sills regarding this Section. It is required that all of these requirements be complied with. 5.02.11 Fire Protection; General Requirements: Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's department and park employees. No open fires shall be left unattended at any time. (1) Portable Fire Appliances: (A) Approved facilities shall be provided for fighting fires in ordinary combustible materials (Class A), readily accessible to all park occupants, in readily visible locations. Such facilities shall consist of a hose of a type usable in all weather, permanently attached or in cabinets immediately adjacent to the hose connection so located that any part of any mobile home, travel trailer or camper vehicle can be reached with a garden hose stream; (B) One (1) or more approved carbon dioxide or dry chemical extinguishers of a type suitable for flammable liquid or electrical fires (Class B and Class C) shall be located either in an open station so that it will not be necessary to travel more than a hundred (100) feet to reach the nearest extinguisher, or inside each mobile home and camper at the owner's responsibility and verified by the park operator; (C) Appropriate arrangements shall be made to prevent freezing of fire fighting equipment. The Applicant is proposing to utilize an existing 186,000 gallon water storage tank for fire protection purposes which is reportedly in the area. Staff is not familiar with this location and the Rifle Fire Protection District has not indicated knowledge of the location for this facility either. The Rifle Fire Protection District has indicated that flow tests are necessary for this facility and that these tests should be conducted by a third party. Further, the Rifle Fire Protection District has requested that a new review of the hydrant spacing be conducted and that all hydrants and piping be installed per City of Rifle standards. Staff recommends that the concerns identified within Exhibit M be rectified to the satisfaction of the Rifle Fire Protection District prior to issuance of the Special Use Permit. In addition, Staff recommends that a condition of approval be added requiring that all hydrants and piping be installed in conformance with the City of Rifle standards. See Exhibit N for more details from the Applicant. 5.02.13 Sewage Disposal; General Requirements: An adequate sewage system shall be provided in each mobile home park and camper park for the purpose of conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws. (1) Sewer Lines: All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall -28- 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 maintain a minimum horizontal separation of ten (10) feet from all domestic water lines. Sewers shall be at a grade which will insure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials accepted by state or local laws and shall meet design criteria of the Colorado Department of Health; (2) Sewage Treatment and/or Discharge: Where the sewer lines of the park are not connected to a public sewer, all proposed sewer disposal facilities shall be approved by the Environmental Health Officer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the State except with prior approval of the Colorado Department of Health. 5.02.15 Sewage Disposal Requirements Applicable Only to Camper Parks: (1) Individual Sewer Connections: If facilities for individual sewer connections are provided, the following requirements shall apply: (A) The sewer riser pipe shall have at least a four (4) inch diameter, shall be trapped below the ground surface and shall be so located on the trailer space that the sewer connection to the trailer system will approximate a vertical position; (B) The sewer connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one- eighth (1/8) inch per foot. All joints shall be watertight; (C) All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth; (D) Provision shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser; (2) Sink Wastes: No liquid wastes from sinks shall be discharged onto or allowed to accumulate on the ground surface. Please see discussion above relating to Section 5.03 of the Zoning Resolution. 5.02.16 Electrical Distribution and Communication Wiring: Each mobile home park shall, and each camper park may, contain an electrical distribution system, consisting of wiring, fixtures, equipment and appurtenances thereto which shall be installed and maintained in accordance with the USA Standard "National Electrical Code, 1971" and all subsequent amendments thereto. Telephone and cable TV systems may be installed and maintained; All plans for the above services shall have the approval of the responsible utility prior to county approval of park plans. The Applicant understands the above mentioned requirements. -29- 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 5.02.19 Supervision; General Requirements: (1) The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition; (2) The owner shall be answerable for the violation of any provision of this Regulation and other applicable County and State regulations. Copies of Regulations shall be made available to the park residents by the park manager or owner; (3) Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or county designated landfill site; (4) Pest Control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the County Environmental Health Officer and the Colorado State Department of Health; (5) Pet Control: no owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper park. The Applicant understands the above mentioned requirements. Staff anticipates the above supervision requirements to be added as conditions of approval should this SUP be approved. The Applicant has submitted a draft Park Operations and Management Plan which appears to address the issues raised within this section. 5.02.20 Miscellaneous Regulations Applicable Only to Camper Parks: (1) 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 limited to no more than one hundred twenty (120) days per year in any one (1) or combination of camper parks in the County. (2) Travel trailers and camper vehicles accommodated shall not exceed forty (40) feet in length and eight (8) feet in width. The Applicant has requested a waiver from 5.02.20(1) regarding the limit of 120 day occupancy. Staff understands that this requirement was put in place to ensure that Camper Parks are maintained as recreational facilities and not permanent residential facilities. Planning Staff further understands that the Board of County Commissioners (BOCC) contemplated this requirement in regards to the Draft Zoning Resolution on April 16, 2008. At this meeting the BOCC decided to remove this requirement from the new draft land use code. Given this background, the Applicant has two ways to approach this "waiver": 1) The Applicant can request a variance from this requirement from the Board of Adjustments, or 2) The Applicant can file an application with the Planning Department for the PC and BOCC to consider a text amendment to the current Zoning Resolution (1978). Provided the -30- 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 requirements for a Variance request, most notably hardship, and the recent decision by the BOCC regarding this 120 day occupancy limit, Staff suggests that the Applicant pursue a Text Amendment to allow the PC and the BOCC to consider regulations to allow for park occupants to stay longer than 120 days. The Applicant has submitted a draft Park Operations and Management Plan which does not appear to address (2) as outlined above: "Travel trailers and camper vehicles accommodated shall not exceed forty (40) feet in length and eight (8) feet in width."This requirement will need to be inserted into the Park Operations and Management Plan. 5 STAFF RECOMMENDATION At this point, Staff finds the application to be deficient in the following areas: 1) The Applicant has not demonstrated that the proposed wastewater disposal system (ISDS) is can meet the applicable ISDS standards and regulations. Relocating ISDS #2 as outlined previously will likely result in major site plan alterations and/or require CDPHE approval (will no longer qualify for Policy 6); and 2) Grading and Site Disturbance has occurred on the Subject Property. Three (3) Stop Work Orders have been issued to the Applicant by the Garfield County Code Enforcement Officer (See Exhibits W, X, and Y) and County Staff is currently exploring additional legal action to obtain compliance. The Applicant has also been notified by the City of Rifle regarding non-compliance with the City of Rifle's Watershed Regulations (See Exhibits U and V). This grading and site disturbance will hinder the process of: 1) Obtaining a Watershed Permit from the City of Rifle which prohibits site disturbance prior to issuance of the permit, 2) Conducting and approving an updated Integrated Vegetation and Weed Management Plan for the Special Use Permit, and 3) Issuance of the Garfield County ISDS Permit as soil compaction appears to have occurred in the area of ISDS #3. In addition, it appears that the area of disturbance could be greater then 1 acre and Staff understands that a Stormwater Permit has not been obtained from CDPHE. CDPHE has been notified of this issue. As the issues of grading and site disturbance directly affect the permitting potential of this development, Staff suggests that these issues of non-compliance be considered in the Boards deliberations. 3) The rearrangement of the ISDS's as submitted on May 2, 2008 has relocated the systems outside of the areas where the percolation tests where originally conducted. In addition, the grading and site disturbance has likely resulted in soil compaction in the area of ISDS #3. As a result, new percolation tests need to be performed and evaluated by the Garfield County Engineer and Garfield County Public Health Department. 4) A new site plan needs to be submitted which does NOT depict any more then 60 Camper Spaces. Anticipated future development should not be shown on the proposed site plan since any additions above the requested 60 Camper Spaces or alterations will need to obtain a NEW Special Use Permit from Garfield County or the -31- 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 development will need to be annexed into the City of Rifle. 5) Although the Applicant has submitted an application to the WDWCD to amend the water allotment contract and a letter from the Applicant's legal council laying out the anticipated plan to gain legal water for this development, the Applicant has not demonstrated that legal water is available to the Camper Park to date; 6) The Applicant has not adequately determined the traffic impact on the County Road system; 7) The Applicant has not recorded an access easement or boundary line adjustment to guarantee legal access to the subject property; 8) The Applicant has not obtained a City of Rifle Watershed Permit (must be obtained prior to site disturbance); 9) The Applicant needs to provide a current weed inventory and map. The Applicant must also provide a weed management plan (integrated vegetation and weed management plan) that reflects the inventory. The site shall not be disturbed prior to conducting and approval of the integrated vegetation and weed management plan; 10) Soil management, revegetation, and reclamation plan and financial security, in accordance with the Garfield County Weed Management Plan 2000, adopted by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, Book 1251, Page 566, as amended. The Applicant has provided the plant material list and revegetation plan for the Mamm Creek Commons project. Staff assumes that they want to utilize that plan for this project. The Applicant must quantify the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. Staff recommends a revegetation security once this information is provided; The Applicant must provide a Soil Management Plan that includes: Provisions for salvaging on-site topsoil. A timetable for eliminating topsoil and/or aggregate piles. The plan shall provide for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 11) The Applicant has not submitted a solid waste disposal plan; 12) The Applicant has not obtained a permit from the CDPHE for a Community Water System; 13) The Applicant needs to meet with the Rifle Fire Protection District to find solutions to issues raised within Exhibit M. Based on these deficiencies, Staff recommends that the Board of County Commissioners deny this request for a Special Use Permit. -32- 319 Water Company — Camper Park Special Use Permit BOCC 5/19/2008 MEMORANDUM To: David Pesnichak From: Steve Anthony Re: Comments on the 319 Water Company Camper Park Special Use Permit Date: April 15, 2008 Thanks for the opportunity to review the preliminary plan. My comments are as follows: EXHIBIT t� Noxious Weeds The applicant needs to provide a current weed inventory and map. Please provide a weed management plan that reflects the inventory. Revegetation The applicant has provided the plant material list and revegetation plan for the Mamm Creek Commons project, we assume that they want to utilize that plan for this project. Please quantify the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. Staff recommends a revegetation security once this information is provided. Soil Plan It is requested that the applicant provide a Soil Management Plan that includes: Provisions for salvaging on-site topsoil. A timetable for eliminating topsoil and/or aggregate piles. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT Date Sent: March 27, 2008 Comments Due: April 15, 2008 Name of application: 319 Water Company, LLC Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this application with the following comments. A driveway access permit has been issued for this project and will be signed off on when completed. The conditions for the driveway access include a paved apron and a stop sign located at the entrance to Cr. 319. Cr. 319 has been improved from this driveway access going north has been reconstructed and will handle the increased traffic volume for this application. This .ro'ect will helalleviate some of the tem or housin• shortal e for indust workers who are not on long term status in the local area. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date April 7, 2008 Revised 3/30/00 David Pesnichak Garfield County Building and Planning Dept. 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212 AP, ' / /Si ZOGE( Re: 319 Water Company, LLC- request for a Camper Park EXHIBIT I y David Pesnichak, The referral form for the Camper Park includes an extensive wildlife section by Kirk Beattie who did a good job of indentifying the species that may be impacted by this development. It appears the study was intended for a subdivision rather than a camper park. Most values will stay the same except for the fact that the density of traffic and number of people will be higher in a camper park. A camper park will also be inhabited by people who may not care as much about the long term effects of their actions. I will not reiterate his study but will instead focus on a few primary concerns. The location of the proposed Camper Park is heavily used by mule deer and elk during the late fall, winter, and early spring. There were days that several hundred elk could be counted on and around the property this past winter. Winter range in the Colorado River Valley is being developed at an alarming rate. This development results in more human/wildlife conflicts and in the loss of habitat that is crucial to deer, elk, and other species that are sometimes hard pressed to survive the winter. It is important to consider these developments with regard to the fact that the surrounding areas are currently disturbed by energy development or are slated for large proposed developments. I feel it is important to remind the County Planning Department to keep the need for winter range in mind when considering development. The Camper Park will without doubt attract dog owners. The owner of the park should take care to follow Beattie's suggestions of requiring dogs to be either confined on a lot or on a leash; never allowed to run around on the surrounding property. There will be large numbers of deer and elk that persist in wintering nearby that will be a temptation for dogs running loose. The Camper Park should be aware that there will be nuisance wildlife and have plans to mitigate that problem. There should be bear proof trash containers to preclude bears, skunks, and raccoons from making a habit of finding their food in the park. All trash must be properly disposed of. Barbeque equipment will draw those animals and should be kept clean and put away. Deer and elk will feed on any young trees or shrubs planted for shade and landscaping. Those plants should be protected by plastic fencing or other exclusionary devices. Thank you for the opportunity to provide input on this development. If I can be of any assistance please call me at (970) 985-5882. Will Spence District Wildlife Manager Rifle South District April 14, 2008 Mr. David Pesnichak Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: 319 Water Co. — Application for Camper Park Dear Mr. Pesnichak: The City of Rifle appreciates the opportunity to comment on the Special Use Permit application made for a 100 space camper/trailer park on CR 319. The City does not wish to pose a direct objection to the request as such a facility is needed in west Garfield County; however, we do wish to point out some concerns the City has relative to this specific request. We hope county staff and the applicant will consider these concerns moving forward with this application. 1. Was the Rifle Fire Protection notified of this request and asked to review the details of the camper park plan. There is significant wild land fire danger at this location, and the applicant should demonstrate: 1) campfire mitigation; 2) vegetation clearance to campsites; 3) fire vehicle access; etc. 2. The park will be immediately adjacent to industrial activities that may include night time yard activities. This interface should be understood going forward. 3. The applicant should be required to tie to municipal services, wastewater in particular, as it becomes available. 4. The applicant mentions making this park available to families. There are many social implications associated to introducing families to this type of living environment. It is understood this will facilitate long-term stay needs, but family living should not be promoted or encouraged. 5. This permit should have a five year life with an option for the county to review and terminate if the park is a nuisance or has no market need, and the county should have the ability to terminate long-term stay allowances to transition the park into a "conventional" RV park facility. This should not become a perpetual living option for residents of Garfield County. It should be viewed as a solution to an immediate residential need associated with regional energy development and rental housing shortages. 6. The park will have an impact on City street infrastructure. If this were occurring in the City we would charge an off-site street impact fee that would go to City wide transportation needs (1-70 Roundabouts, Airport Road improvements, etc). Permitting this use will influence negotiations regarding annexation of CR 319 road in the future. 7. The use is required to obtain a City of Rifle Watershed Permit before any ground is disturbed. 8. Park management should be a major concern to the county. The applicant should demonstrate an ability to operate this facility like a conventional RV Park facility. 9. The City will not consider annexation when the property becomes eligible for annexation—this could be as early as June 2008—unless the RV Park is built to City specifications. See Sec. 16-10- 50 R.M.C. www.rifleco.org Should you have questions regarding our comments, please contact me directly at 625-6253. Sincerely, Matt Sturgeon Assistant City Manager David Pesnichak From: Jim Rada Sent: Monday, April 14, 2008 12:29 PM To: David Pesnichak Subject: 319 Water Company SUP, Camper Park Attachments: Jim Rada.vcf David, Page 1 of 2 EXHIBIT My input on this application. 1. The design requirements notes for ISDS 2 & 3 indicate that the slow perc rate in one test hole was discarded due to the bottom of the test hole being in a dense clay lens. This is inappropriate as we want to include soils that are representative of all soil types in the leach field area. There are no provisions for discarding percolation data in the ISDS Regulations. If the design engineer feels that this is an anomaly, then additional perc tests should be run and all test results averaged. This said, the average percolation rate for site 2 is 53 minutes per inch and will require a leach field of 2031 square feet. Using this figure, they should still be able to fit the system in the designated area. The same note on system 3 appears to be inaccurate as the perc rates for all three test holes is 27 minutes per inch. 2. ISDS Plan No. 2 indicates that the leach field will lie perpendicular to the slope. From the topography on the site plan, this will put one end of the leach roughly 7-10 feet deep. This puts the deep end of the leach field approximately 3.5 — 6.5 feet deeper than the perc test was run. As indicated in the perc test reports, variable soils exist in the area which could result in this system being in soils that are substantially different than identified in the perc test. In addition, at this depth, the system will be partially installed at a depth greater than the manufacturer's recommendation. I recommend that the engineer be required to retest the soils for this system at the appropriate depth to assure an accurate percolation rate and provide information from the manufacturer indicating whether this system can be installed at the designed depth. It appears that they might also be able to relocate this leach field across the road and better be able to maintain the leach field orientation along the surface contour. Of course, a new perc test would be required for this area. 3. Parts of leach fields 2 and 3 appear to be encroaching on the mandatory 25 foot leach field to potable water supply line setback. Per the ISDS regs encroachment may be allowed if the water line is encased according to footnote 2 of the ISDS Setback table (Page 24-25 of ISDS Regs). 4. There are many locations on this plan where sewer lines will cross over the water lines or lie within the 10 foot mandatory setback. Per the ISDS regs crossing or encroachment may be allowed if the water line is encased according to footnote 2 of the ISDS Setback table (Page 24-25 of ISDS Regs). 5. Effective distribution of effluent in these leach field will be difficult with gravity flow and varying lengths of chamber rows. For most effective, equal distribution of effluent in all of these systems, the engineer should consider pressure distribution rather than gravity distribution. 6. No ISDS management plan is specified. As a commercial operation, greater attention must be paid to these systems to assure that they operate at their optimum level at all times. I recommend that the applicant be required to submit an inspection and maintenance plan as a condition of approval. 7. The GC Development code apparently requires a water supply capable of providing 100 gpd to each space where individual water connections are required. This does not match the 50 gallons per day ISDS sizing factor from the ISDS Regulations used for the ISDS design. I am unable to find any additional requirements to increase sewage flows to match water flows, but as this facility will likely house multiple people per unit, the county may want to consider larger flow figures. 8. The August 2004 Amended Water Contract from the West Divide Water Conservancy District approved 16.23 acre feet for 25 residential and 46 commercial units and 284,000 square feet of lawn/garden irrigation. This is confirmed by the Sill #2 well permit. The Well sharing agreement also states that the water use from this well must conform to the terms and conditions set forth in the well permit and the West Divide contract. I did not read anywhere in the document submitted about use of this water for a 100 unit camper park. I recommend that the County require the applicant to document that this development falls 4/14/2008 Page 2 of 2 into the scope of the original well permit and West Divide contract. If it does not then I recommend that a condition of approval be to have the applicant align the proposed uses with revised documents from both West Divide and the Division of Water Resources. 9. Due to the changes in Public Water System classification and water quality issues, I also recommend that a CDPHE approval of the water system be a condition of BOCC approval of the SUP. 10. No mention is made of solid waste storage and management in the submittal. In line with the wildlife consultant's recommendations, the applicant should provide information and specifications as to how they will manage solid waste generated on site. Consideration should be given not only to wildlife issues but also nuisance issues associated with solid waste (i.e. litter control). Thanks for the opportunity to review this application. Jim Kacla, RD -15 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@gafield-county.com Web www.garfield-county.com 4/14/2008 David Pesnichak From: Mark Kadnuck [MAKADNUC@cdphe.state.co.us] Sent: Thursday, April 10, 2008 5:11 PM To: David Pesnichak Subject: 319 Water Company Camper Park Page 1 of 1 EXHIBIT Comments on the proposed 319 Water Company Camper Park: The water system will be a public water system and need to go through CDPHE-WQCD review as proposed. The wastwater system is proposed as an ISDS(s?). The total volume of sewage will be greater than 2000 gal/day, thus a single ISDS will need to go through CDPHE- WQCD site application and design review process or multiple ISDSs will be required to meet WQCD Policy 6 requirements (multiple ISDSs on a single property). Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: mark.kadnuck@state.co.us 4/11/2008 RESOURCE ENGINEERING I N C. David Pesnichak Garfield County Building and Planning Dept 108 8t'' Street, Suite 201 Glenwood Springs CO 81601 RE: 319 Water Company, LLC — Special Use Permit Application for Camper Park Dear David: April 15, 2008 At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) reviewed the Special Use Permit application of 319 Water Company, LLC for a camper park on property located on County Road 319 approximately 1.5 miles southwest of the Garfield County airport. This Special Use Permit falls under Section 5.02 of the zoning resolution. However, the Applicant has requested a waiver of the maximum occupancy time limit, essentially creating a temporary housing project. To the extent this request may affect technical criteria, it will be addressed in the comments below. Section 5.02.08 Water Supply (1) There is no evidence to support that the water supply is in compliance with the CDPHE drinking water standards. Such evidence must be presented prior to any issuance of a Special Use Permit. (4) There is no evidence that the proposed water distribution system is in compliance with CDPHE drinking water regulations and GARCO criteria. Evidence of such must be submitted including typical design details. Section 5.02.10 Water Supply (1) Well permit No. 61926-F does not allow for a camper park. A valid well permit allowing the proposed uses must be obtained and provided prior to issuance of any Special Use Permit. (2) Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. (3) Typical space layout and details must be provided to demonstrate compliance with regulations and provide a guideline for a contractor to construct a compliant system. Section 5.02.11 Fire Protection (1) There is no evidence to support that the Fire Protection criteria are met. Consulting Engineers and Hydrologists 909 Colorado Avenue E Glenwood Springs, CO 81 601 E (970) 945-6777 E Fax (970) 945-1137 David Pesnichak April 15, 2008 Page 2 Section 5.02.13 Sewage Disposal (1) Typical site layout of sewage disposal facilities should be provided. (2) The proposed sewage disposal includes four ISDS systems designed for 50 gpd per unit. The water requirement is 100 gpd per unit for individual water and sewer service. The ISDs systems should be designed for at least 100 gpd per unit. Four additional ISDS systems are required. 5.02015 Sewage Disposal (1) Typical layout and design details for the individual sewer connections should be provided to ensure compliance with GARCO standards. Section 5.02.20 Miscellaneous Regulations (1) Applicant has requested a variance from the 120 day maximum occupancy time limit. Such variance would create a "temporary housing project." This may impact the water and sewer usage as well as traffic estimates. It is recommended that the water use (and resulting sewer use) be monitored through flow meter readings to ensure compliance with ISDS design parameters. Section 5.03 Special Use Permit General Requirements (1) Utilities Comments on water and sewer are provided above under the specific camper regulations. (2) Traffic/Roads The traffic report assumes 2 average daily trips (ADT) per unit. Given the nature of the proposed project and no on-site commercial facilities for basic necessities, a trip generation of 4 ADT per unit is more reasonable. The traffic report should address the adequacy of the existing CR 319 and the proposed internal roads to accommodate the traffic volumes generated by the proposed project. The report only states that the impact to existing traffic volumes (15% to 30%) is minor. OTHER The proposed project is located within the City of Rifle Watershed District. A Watershed District Permit should be obtained prior to any issuance of a Special Use Permit. RESOURCE NGINEERING INC David Pesnichak Page 3 Please call if you have any questions or need additional information. Sincerely, RESOURCE N NEERING, INC. Michael J. En Water Reso ces Engineer MJE/mmm 885-58.0 K:\Clients\885 GARCO158.0\David Pesnichak 319 water co sup.doc April 15, 2008 RESOURCE NCEININE G I N C; David Pesnichak From: Kevin Whelan [kewhelan©riflefiredept.org] Sent: Wednesday, April 16, 2008 8:22 AM To: David Pesnichak Cc: 'Mike Morgan' Subject: Sills Camper Park Page 1 of 2 a 3 EXHIBIT /1 David, The IFC references NFPA 1194 — Recreational Parks and Campgrounds, 2005 for design and was used in my review process The following are my comments for the proposed Mamm Camp RV Park up CR 319 - Jimmy Sills , developer. 1. Fire Protection Water supply - a. My understanding is that the water supply will connect of an existing system in the area. Maintenance records of this existing system, per NFPA 25, is needed to verify that this system is operational. b. Exhibit B indicates that the fire district will conduct flow tests. The fire district would prefer an approved third party conduct this tests and that they are witnessed by the fire district. NFPA 25 does require this to be done on a yearly basis by the owner of the water system c. Plans indicate that a new hydrant would be required. A further review of hydrant spacing is required. d. All hydrants and piping shall be installed per city of Rifle standards 2. If the dead end road in the NW corner of the park is greater tan 100 ` in length, an approved turnaround shall be provided. 3. Posting of addresses: Addresses are to be posted where the driveway intersects with the County Road as well as on the individual sites and / or where single roads intersect. Letters are to be a minimum of 4 inches in height, 1/2 inch in width and be in contrast to background colors. 4. If used, individual propane tanks are to be placed in a location where they are not subject to damage and combustible materials are to be kept a minimum of 10 feet away from tanks. 5. Vegetation should be removed from near any structures to provide a safe area in the event of a wild land fire. Information is available at the district office. 6. Roadways /Driveways: Consideration should be given to the heavy weights of emergency apparatus when constructing roadways and roads are to be of an all weather -driving surface. 7. NFPA 1194 indicates that fire extinguishers (minimum 2A 20BC) should be spaced at 100' travel distance in the event of a fire. Approval of the water supply system would likely eliminate this requirement but it should be discussed with the developer. 8. Campfire locations and design should also be approved by the fire district 9. NFPA 1194 requires the following: a. Employee training in the event of an emergency b. A posted evacuation plan c. Posted fire regulations that should include: i. Telephone information for contacting fire , police and medical help (911) 4/16/2008 Page 2 of 2 ii. Address and Telephone number of the Park iii. Location of nearest public telephone If there are any questions, please contact my office. Kevin C. Whelan Division Chief/Fire Marshal Rifle Fire Protection District 1850 Railroad Ave Rifle, CO 81650 kewhelan@riflefire p t�org Office 970-625-1243 Cell 970-618-7388 Fax 970-625-2963 4/16/2008 David Pesnichak From: Jimmy Sills [jsills@rof.net] Sent: Monday, February 25, 2008 1:42 PM To: David Pesnichak Subject: CR 319 Property -- RV Park Follow Up Flag: Follow up Flag Status: Red Attachments: scan0001.jpg Page 1 of 2 EXHIBIT Good Morning David, Thank you for setting the meeting with the BOCC I am looking forward to moving this application forward and appreciate your assistance and patience so far. I am reviewing your letter dated January 22, 2008 and would like to offer the following comments in hopes that all of your concerns have been addressed prior to meeting with the BOCC. Item 1. refers to Section 5.02.11(1) We are working closely with the Rifle Fire Protection District for locations they require for fire hydrants and the normal flow requirements. This section (a) requires a yard hydrant be installed at each RV space with a hose connected for fires that may be at the RV site. This will be provided and a hose 100 ft. in length will be permanently attached to the yard hydrant for use in fighting a Class A fire. In addition to the hose and as required in section (b) a fire extinguisher will be attached to the yard hydrant riser pipe for use in the event of a Class B or Class C fire. Freeze protection as required by section (c) is addressed through the use of yard hydrants. I can provide you with a cut sheet on a normal 5 foot bury yard hydrant should you like, but I am certain you know what I am talking about. The concern with this requirement is with providing regular inspection for replacing the fire extinguishers when they walk off as I am sure will happen. We will address this issue with the lease documents for each space to the extent possible and will provide a daily drive by inspection and have the records of this action available at our planned security office for any review the County may desire. Item 2. I think this has been addressed though the letter from Colorado River Engineering and the Bullseye letter attached herewith. Should you need any additional information please let me know. The bottom line is that a Community Water System approved by the CDPHE will be constructed in conjunction with the proposed use. The design and installation of the system shall conform with the requirements of Section 5.02.10. Should you need specific details provided by the Engineers I will get them but hopefully this cost can be incurred at a later date after we have a better idea on the BOCC position to the SUP application. 2/25/2008 Page 2 of 2 Item 3. This again references section 5.02.08 and I hope the water distribution plan included with the application adequately addresses the requirements. The engineering firms working on the design of the project will provide inspections during the construction phase of the project and provide the County with documentation as required in order to verify the installation conforms with this section 5.02.08 in its entirety. Item 4. The requirements of section 5.02.10 as far the availability is no problem pursuant to the information provided in Tab 4 of the application. Demand for the 100 spaces is calculated at 10,000 gallons per day. The 24 hour pumping test completed by Resource Engineering suggests we use 30,000 gallons per day for planning purposes in order to not overwork the well. As to the item (2) of this section we have purchased a sanitary water connector for each space as manufactured by Woodford Mfg. Co. their model number 15P. This item is protected from freezing by a bonded polyurethane foam insulation permanently molded in a high strength plastic casing, and a 15 watt portable insert heater. If you would like I can fax you the cut sheet on this item which completely addresses this section and is designed for this use. They were pricey little guys but I think the best option available for this use. I really hope this addresses everything but certainly will provide you with whatever you may need Jimmy Sills Phone (970) 928-8882 Fax (970) 928-7779 2/25/2008 Apr 22 08 03:59p 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isills(!rof.net F ACSIMLE DATE: April 22, 2008 TO: Mr. David Pesnichak FAX NUMBER: 970. 384. 3470 FROM: Jimmy Sills NUMBER OF PAGES: 10 including this cover REFERENCE: Response to Staff Report p.1 EXHIBIT 0 RECEIVED APR 22 2008 GARFIELD COUNTY BUILDING & PLANNING Apr 22 08 03:59p 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isills(a,rof.net April 21, 2008 Mr. David Pesnichak Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO. 81601 RE: RV PARK SPECIAL USE APPLICATION RESONSE TO STAFF COMMENTS Dear Mr. Pesnichak, p2 A meeting was held this morning with the Planners, Engineers, and others involved with the application of the Special Use Permit requested for the RV Park I hope to build on the 319 Water Company, LLCs' property. I would like to take this opportunity to provide you with our initial response to the items of concern indicated in the Project Information and Staff Comments review you have provided. On page 3 of your comments a brief comment regarding the intent of the Camper Park was made, which is discussed in more detail later in the Staff Report. The representation that the Park will be partially used for temporary workers is true, however, I also desire to indicate that the design and construction of the Park is such that the Park will be available to tourist and others. I do not think oil and gas workers will be the only occupants of the Park and certainly plan for continued operations when and if the temporary workers leave the area. The investment required for this project can not be justified by the uncertainties of the gas development companies. Page 7 City of Rifle. 1. Chris Manera with Colorado River Engineering is working with the Rifle Fire Protection District and will provide a more inclusive report addressing any issues they may have. 2. I have no problem with this other than not yet understanding how to do it. Apr 22 08 03:59p p.3 3. Our plan and discussions today makes me believe annexation into the City of Rifle is a given sometime in the future. Certainly tying into their wastewater system is desirable and I can make the commitment to do so when it is made available on our property. Additionally, Jeff Order with Bullseye Engineering is designing the underground water and sewer system so that they will be installed to meet City of Rifle specifications. He will also perform inspections and reports verifying the installations meet his approval and are in accordance with City of Rifle requirements during the construction of the Park. The wastewater system will be installed in a manner that allows disconnecting from the ISDS and extending to a City of Rifle main. Manholes which may be required in the future can be cut into an existing line with very little effort and therefore will not be installed at this point in time. 4. I just don't really agree with this as I would always want my family to be with me but I try to see the point being made. I guess I am unsure as to how to respond. 5. I completely agree to this item and willing to accept an annual review even. 6. No comment. 7.1 have already blown this one but will have a Watershed Permit filed immediately. 8. You know it is interesting, now that I have slept on the issues raised by the City it's like a light came on and I now understand the real concern of what is being said. I guess I exist in a bubble or something where Dick and Jane play with a ball and all is good. The deal with the concerns of the City are all of a sudden very real and I see the importance of the management issue. Dick and Jane may also fight over the ball and this RV Park could become a trashy place, with people staying there full time, it has the potential of becoming a low income permanent housing situation with lots of problems. I don't want that and have changed my response to item 5 as a result. Now that my head is where it should be, management requirements and rules and regulations for the tenants of the Park have taken on a new importance. Rule # 1 will be "This is a Zero Tolerance Park and in the event a disturbance requires the Park manager to call the Sheriffs Department the tenant moves out than and there." I am sure this will have to be modified by legal folks but I can assure you the rules and regulations of this Park will be very strict and enforced by an on site manager. I will not allow this to be what I see the downside potential to be and will accept conditions which will prevent this from happening when I am not here any longer. 9. In the event this land becomes eligible to annex into the City at some point in time I can deal with their requirements at that point in time. I remember back in the early 1980s how the adjacent land was almost ready to annex into the City. Actually that rumor was one of the deciding factors resulting in my purchase of this property. Apr 22 08 03:59p Page 8 Rifle Fire Protection District p.4 The requirements of the Rifle Fire Protection District will have to be met and a letter of approval from them provided to County Staff prior to any occupancy of the Park. Page 9 Colorado Division of Wildlife You know I agree with the comments made especially regarding dogs. Dogs and cats will not be allowed in this Park and the points regarding trash containers and barbeque equipment will be a part of the Park rules. Page 10 Colorado Department of Public Health and Env These concerns will of course have to be met and the Project Engineers will do that. Page 10 Garfield County Road and Bridge Department Wow a nice response, that's scary but thank you. I hate to bring this up right now but feel the need to do so. I think busing for some of the workers is being planned and that will probably be a good thing, but is not a part of this application. Page 10 Garfield County Vegetation Management Department Meeting these requirements will be a condition of approval, no problem. Page 11 Garfield County Public Health Department The engineers for the proj ect should have these issues addressed prior to the P&Z meeting. Pages 12 and 13 Resource Engineering The engineers for the project should have these issues addressed prior to the P&Z meeting. Page 14 Other Today I plan to file this permit application with the City. Page 14 Goals Thank you, well stated and is the intention. Apr 22 08 04:OOp Page 14 Objectives p.5 Prior to the scheduled BOCC meeting an operations plan will be submitted which meets the approval of Staff and addresses the management of the Park and the rules to be enforced by the manager and Park owner. I want this document to have some real teeth in it and will appreciate any suggestions you may have. Page 15 Policies 4.3 The engineer who provided the original traffic study has been directed to review his work and prepare a response to the comments provided by Resource Engineering. Page 15 Policies 4.1 I agree with your comments. Page 16 Staff Finding Water The information in this Staff Report indicates an excellent understanding of our water system. There are some housecleaning issues involved regarding contracts, permits, etc. which need to be addressed in the event the SUP for the RV Park moves forward. The system will definitely need to become a Community Water System or connected to the City of Rifle if possible for the RV Park. In any event the treatment of the existing water must be and is being resolved RV Park or not. A satisfactory water system is expected to be required as a condition of approval. Page 17 Staff Finding Sanitation and Wastewater From what I can gather the 54gpd septic requirement is a State requirement and determined the basis for design. No matter, this issue will be cleared up prior to the P&Z meeting I believe. Page 18 Staff Finding Solid Waste Disposal I agree with your comments Page 19 Staff Finding Fire Protection I agree with your comments Page 19 Staff Finding Traffic Report A new traffic report will be provided as a condition of approval Apr 22 08 04:OOp Page 20 Item 3) Staff Finding p.6 I believe the residents of Grass Mesa have 2 other access options in addition to the easement I provided for them some years back. I have no issue with the lighting being directed downward and inward. The campfire issue is one that will be addressed in the rules and regulations for the Park tenants. Page 20 Section 5.02.05 An access/utility easement will be provided to meet this concern. Page 23 Section 5.02.11 The requirements of the Rifle Fire Protection District will be completely satisfied prior to occupying the RV Park as previously discussed. Page 25 Section 5.02.20 I have not received the advise needed from my attorney to address this yet David thank you for putting the meeting together for 4:00 tomorrow. I believe we will put most of your concerns to rest at that time Sincerely, Jimmy Sills Apr 22 08 04:OOp p.7 Apr 22 08 04:OOp City of Rifle Public Works Department p.8 202 Railroad Avenue, Rifle, CO 81650 • Phone: 970-625-6224 • Fax: 970-625-6268 • www.nfleco.orq Watershed Permit Application Property Information) Address: 7-9 e/? -3/9 1/ ''2,v 5 USGS Quarter Section Location: / tSE / �. k3*41 B6 6•co J• J/S> Access to Property: -3/9 Brief Description of Application (Provide additional Sheets as necessary) L C0/ ;,;:;:' se,J,J7i0A- moi Vii' tf. Instructions for Submittal • Original completed applications must be provided. Copies are not acceptable. • Incomplete applications will not be accepted and will delay processing. • All documents, plans, plats, etc. submitted shall be no larger than 8 1/2'' x 14" in size or folded to that or a smaller size. ■ Attach check made out to City of Rifle in the amount of $250.00. STAFF USE ONLY Applicant: Phone # Fees: (date) Application Received (date) Permit Application Number: Watershed — Colorado/ Beaver (circle one) 112 (rev. 8-30) Apr 22 08 04:OOp p9 Project Team Information (fill in at that apply) (add additional sheets if needed): p Name: 3/g y✓ 4 • ��� Phone: f. 2 Property Owner(s): c Address: t..7 e?9 �yy7 � �` £'' L ( Y 1/45,f Authorized Representative: [if different from owner) Phone: 0Z Fran- Name: � Lf /ms s " Address: ..-5,4j'1�� Developer/Subdivider: Name: c.S•Q//Y Phone: Address:! •+��� Engineer(s): Narne v./50`Y� 41' Xt.-1Z < Phone: Address: Billable party: ,glOwner EIZRepresentative 0 Developer ❑ Engineer Billable Party The Billable Party, by signing below, hereby agrees to reimburse the City the actual costs to the City for engineering, surveying, and legal services rendered in connection with the review of the Application. The Billable Party agrees that interest shall be imposed at rate of 1.5% per month on all balances not paid within thirty (30) days of the date of the statement. In addition to any and all remedies available to the City and in the event the City is forced to pursue collection of any amounts due and unpaid, the City shall be entitled to collect attorney's fees and costs incurred in said collection efforts in addition to the amount due and unpaid. -mm,'; 1 -- Name (printed) .? 9 g.,-,444ttalzb c$9,a14, Address CitylTown �j9Zip Code �r7/2 Fax 97, - 902S- is'a Z>e1,0 pa- `o /3'— 7jo79 Type of Identification County of State of nipz_...esditzo) Sworn to and subscribed before me this day of By (name printed) Witness my hand and official seal. Notary Public My Commission expires SS (fill in month) (fill in year) 2/2 (rev. 8-30) Apr 22 08 04:01 p PROPERTY DESCRIPTION p.10 A PARCEL OF LAND SITUATED IN THE SE1/4SE1/4 OF SECTION 23, AND THE N1/2 NE1/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 23, 24, 25 AND 26, IN SAID TOWNSHIP AND RANGE, WHENCE THE WITNESS CORNER TO SAID SECTION CORNER BEARS NORTH 75.92 FEET; THENCE S.00°52'09"E. ALONG THE EAST LINE OF SAID SECTION 26, 294.71 FEET; THENCE LEAVING SAID EAST LINE S.89'39`50"W. 1461.04 FEET; THENCE N.15° 14'12"E. 77.65 FEET; THENCE N_89"39'50"E. 295.00 FEET; THENCE N.08°21'51"E. 890.01 FEET; THENCE S.41°01'30"E. 42.66 FEET; THENCE S.25°05'03"E. 207.50 FEET; THENCE S.34"56`44"E. 40.69 FEET; THENCE S_76`13'47"E. 36.49 FEET; THENCE N.64°02'14"E. 50.14 FEET; THENCE N_07°21'30"E. 31.71 FEET; THENCE N.50"34'21 "E. 209.20 FEET; THENCE N.22'49'38"W. 529.64 FEET; THENCE N.53'39'22"W. 287.93 FEET; THENCE S.89°48'41 "W. 181.65 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 3I9 AS DESCRIBED IN BOOK 79 AT PAGE 588 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE N.07`33`39"E. ALONG SAID EASTERLY RIGHT OF WAY LINE 77.09 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SEI/4SE1/4 SECTION 23; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE AND ALONG SAID NORTHERLY LINE N.89"48'41 "E. 1233.69 FEET TO THE NORTHEAST CORNER OF SAID SE1/4SE1/4 SECTION 23; THENCE S.00°03'45"E. ALONG THE EASTERLY LINE OF SAID SE1/4SE1/4 SECTION 23 1316.73 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 35.75 ACRES, MORE OR LESS. TOGETHER WITH AN ACCESS AND UTILITY EASEMENT BEING 25 FEET BY 74.80 FEET SITUATED IN THE NW1/4NE1/4 OF SECTION 26, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 23, 24, 25 AND 26 OF SAID TOWNSHIP AND RANGE, WHENCE THE WITNESS CORNER TO SAID SECTION CORNER BEARS NORTH 75.92 FEET; THENCE S_80°57158"W. 1454.17 FEET, TO THE TRUE POINT OF BEGINNING; THENCE S.15 ° 14` 12"W. 77.65 FEET; THENCE S.89"39'50"W. 25.95 FEFT TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 319 AS DESCRIBED IN BOOK 79 AT PAGE 588 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE N.15° 14'12"E. ALONG SAID EASTERLY RIGHT OF WAY LINE 77.65 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE N.89"39'50"E. 25.95 FEET TO THE TRUE POINT OF BEGINNING. ��\ a 71Q�9q,';1,e' ado g�7-Z7-v .7t ° 26950 r a o n 4'52' a fir` ftettins00- Apr 22 08 04:01p 319 WATER COMPANY LLC 0539 JO COURT GLENWOOD SPRINGS, CO 81601 PI-- (970) 928-8892 p.11 7211 E7APF. A17fJ Qrg11-4EILOF • a.,_... bank. 116:14.11 rive Star Sal -vice Guaran reed usbank.com FOR , C'.�/jir r II' 00 7 2 i LII' 1: LO 20000 2.D: L59Lf 4 33091t' Apr 23 08 09:46a p.1 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail isills*rof.net F ACSIML E DATE: April 23, 2008 TO: Mr. David Pesnichak FAX NUMBER: 970.384.3470 FROM: Jimmy Sills NUMBER OF PAGES: 3 including this cover REFERENCE: Conditions of Approval Request RECEIVED APR 2 3 2008 GARFIELD COUNTY BUILDING & PLANNING EXHIBIT Apr 23 08 09:47a p.2 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail jsills(rof.net April 23, 2008 Mr. David Pesnichak Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO. 81601 RE: RV PARK SPECIAL USE APPLICATION REQUEST FOR CONDITIONS OF APPROVAL Dear Mr. Pesnichak, I have now received information from the folks that help me with this application and would like to offer the following suggestions be included as Conditions of Approval for the Special Use Permit Application on the RV Park I have submitted. Prior to the scheduled BOCC meeting the applicant shall: 1. Submit to Staff a detailed report that shall address the management of the Park including the rules and regulations of the Park and the proposed lease agreement for the tenants of the Park. Prior to issuance of the Special Use Permit the applicant shall: 1. Apply to the CDPHE for a revision to the existing water system for designation as a Community Water System. 2. Revise the existing well permit to indicate the RV Park as an approved use. 3. Revise the existing West Divide Water Conservation District contract to indicate the RV Park as an approved use. 4. Provide a letter of acceptance from the Rifle Fire Protection District as to the design of the proposed fire protection system including upgrades to the existing system and fire hydrant location. This design shall include storage requirements acceptable to the District Apr 23 08 09:47a p.3 5. Demonstrate for Staff approval that the proposed ISDS design allows for connections of 100 RV Camper uses. Failure to meet this requirement shall result in limiting the number of connections to each of the 3 proposed ISDS system to 20 RV Campers or a total of 60 sites connected to the water and septic systems. The additional 40 proposed sites will have to be self contained units only and subjected to off site dumping and potable water requirements. 6. Perform a new percolation test for each of the proposed ISDS and adjust the infiltration area sizes to accommodate the soils percolation rates. 7. Submit an ISDS operations and maintenance plan for Staff approval. 8. Obtain a City of Rifle Watershed Permit. 9. Provide an access easement to guarantee legal access to the subject property 10. Provide a current weed inventory and map including a weed management plan that reflects the inventory. 11. Provide a soils management plan. 12. Provide a solid waste management plan acceptable to Staff requirements Hopefully this list of conditions together with the information provided in my letter dated April 21, 2008 are adequate for reconsideration of your request of denial to the P&Z Board. Sin rely, Jimmy Sills. 1876 Mr. David Pesnichak Garfield County Planning Dept 108 8th St Ste 201 Glenwood Springs CO 81601 DEPARTMENT OF NATURAL RESOURCES EXHIBIT DIVISION OF WATER RESOURCES April 17, 2008 Dear Mr. Pesnichak: RECEIVED APR 2 5 2008 GARFIELD COUNTY BUILDING & PLANNING Re: 319 Water Company LLC Special Use Permit — Camper/RV Park Section 23 & 26, T6S, R93W, Sixth PM W. Division 5, W. District 45 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director The above -referenced submittal requests review of a site plan for an addition to an existing building with a garage on a 1.27 -acre lot A well is located on the lot. As stated in the State Engineer's March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to review land use actions that do not include the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". However, we have performed a cursory review and are providing informal comments. Permit No. 61926-F (incorrectly identified as 61926 in the Special Use Permit Application, dated February 2, 2007) was issued pursuant to CRS 37-92-602(3)(c) for the expansion of use of this existing well (Permit No. 252359). The uses allowed by the permit are limited to fire protection, ordinary household purposes inside not more than twenty-five (25) single family dwelling units, the irrigation of not more than 4,000 square feet of home gardens and lawns per residential site, drinking and sanitary facilities inside not more than forty-six (46) commercial business units, irrigation of not more than 4,000 square feet of landscaping for each commercial unit. Total irrigation shall not exceed 6.52 acres (284,000 square feet) of home gardens and lawns and commercial business landscaping. The maximum pump rate can not exceed 35 gallons per minute and the annual amount of ground water to be withdrawn can not exceed 32.431 acre-feet. The permit was issued with the condition that the well would be operated only when the West Divide Water Conservancy District's substitute water supply plan was in effect and when the well owner and the district maintained the valid contract, designated as #040219WC(a), for replacement of any out -of- priority, depletions to the stream system. The applicant proposes to supply water from this off-site well. However, due to the fact that the permitted uses do not coincide with the proposed uses a new well permit is required prior to use of the well in the Camper/ RV Park. The response will also state that the SEO does not necessarily take the position that the water supply plan is valid. If you or the applicant has any questions concerning this matter, please contact me for assistance. Sincerely, Mark J. Vanar,' i, PhD, PE, PG, BCEE Water Resources Engineer 319WaterCompanyLLC. doc cc: Alan Martellaro, Division Engineer, Division 5 Mike Mello, Water Commissioner, District 45 Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us 319 WATER COMPANY, LLC. 0539 JB COURT GLENWOOD SPRINGS, CO. 81601 PHONE 970. 928. 8882 FAX 970.928.7779 e-mail jsillsnrof.net May 2, 2008 Mr. David Pesnichak Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO. 81601 RE: RV PARK SPECIAL USE APPLICATION ADDITIONAL INFORMATION RECEIVED MAY 0 2 2008 GARFIELD COUNTY BUILDING & PLANNING Dear David, In response to your e-mail received on April 24, 2008 we would like to submit the following response indicating our new information to be considered at the May 19th BOCC hearing: Larry Mincer is deciding on rather to do a request for a variance or a text amendment for the 120 day requirement and should have that ready in the near future. Jeff Oder with Bullseye Engineering has prepared new plans in order to address the issues identified as item #1 of your e-mail. You will note that the 40 sites that we cannot build under the current SUP application are indicated as future. This is a planning issue and we understand an amendment to the current application will be required in order to create these sites. We also understand that this revision will not become available until a wastewater system is available for these additional sites. We are however identifying these sites as a part of the West Divide Water Conservation District (WDWCD) and other water related issues so that we do not have to do another revision to the water documents should the wastewater issue be addressed sometime in the future. As to your item #2 the WDWCD meeting to consider a revision to our contract has been scheduled for May 29th and upon receiving this approval we will immediately submit for a revision of the well permit to the State as well as the revision to the required Community Water System. We are hopeful to have the water related issues finalized in the next 90 to 120 days. In the meantime Larry Mincer has prepared a letter indicating his legal opinion on this matter. Sincerely, Jimmy Sills L4 WRENCE M MINCER ATTORNEYAT LAW May 2, 2008 David Pesmichak Senior Planner, Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: 319 Water Company Camper Park SUP 818 Colorado Avenue, Suite 101 Post Office Box 850 Glenwood Springs, Colorado, 81602 (970) 945-5448 Fax (970) 945-5475 Dear David: 319 Water Company has filed a request to amend West Divide Water Allotment Contract No. 040219WC(a) to include the camper park as a permitted use of the water. The application will be submitted for approval to the West Divide board at its next meeting on May 29, 2008. Upon approval an application to append the well permit will be filed with the Division of Water Resources, and the Well Sharing Agreement will be amended if necessary. Therefore, the requirements for the amendment to the West Divide contract and well permit should remain a condition of approval of the special use permit. I am enclosing a copy of an agreement between Mamm Creek Commons and 319 Water Company. Mamm Creek has agreed to convey an easement and right-of- way ight-ofway for access to the Water Company property. The survey of the easement has not been completed, but will be done as soon as the special use permit is approved by the county commissioners. w/enc LM/dk AGREEMENT This agreement is made May 1, 2008 between Mamm Creek Commons, LLC, a Colorado limited liability company, "Mamm Creek", and 319 Water Company, LLC, a Colorado limited liability company, "Water Company". Whereas, Water Company is the owner of real property in Garfield County, Colorado, more fully described on Exhibit A attached, and Mamm Creek is the owner of adjacent real property in Garfield County, Colorado, described on Exhibit B attached; And Whereas, Mamm Creek has agreed to convey to Water Company an easement and right-of-way over and across the property owned by Mamm Creek from Garfield County Road 319 to the property owned by Water Company; Now therefore, the parties hereby agree as follows: 1. For $10.00 and other valuable consideration, Mamm Creek agrees to convey to Water Company an easement and right-of-way for a vehicular ingress and egress and for utility purposes, a perpetual non-exclusive easement and right-of-way, 34 feet in width, over, under and across the property has designated Access Road on the Mamm Creek RV Park Road Layout prepared by Bullseye Engineering, Inc. of Rifle, Colorado and dated March 16, 2007. 2. Water Company shall provide a legal description of the said easement and right-of-way at its sole cost and expense. 3. Within the five business days from receipt of the legal description, Mamm Creek shall convey the easement and right-of-way, by quit claim deed. 4. If the legal description is not provided within one year from date hereof, this agreement shall be of no further force and effect, and Mamm Creek shall have no further obligation hereunder. In witness whereof, the parties have executed this agreement the date year first written above. 319 WATER COMPANY, LLC, a Colorado limited liability company. J'immy Sills, Manager immy Sills;'Manager MAMM CREEK COMMONS, LLC, Colorado limited liability company. EXHIBIT A PROPERTY DESCRIPTION (319 WATER COMPANY, LLC) A PARCEL OF LAND SITUATED IN THE SE1/4SE1/4 OF SECTION 23, AND THE N1/2 NE1/4OF_ SECTION 26,COOUNTY COLORADO,SHIPOSAID PARC LE BEING MORE PARTICULARLY DWEST OF THE SD(TH PRINCIPAL ESCRIBED GARFIELD AS FOLLOWS: 25 AND 26,IN SAID BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 23, 24, TOWNSHIP AND RANGE, WHENCE THE WITNESS CORNER TO SAID SECTION CORNER BEARS NORTH 75.92 FEET; THENCE S.00 52 09 E. ALONG THE EAST LINE OF SAID SECTION 26, 294.71 FEET; THENCE LEAVING SAID EAST LINE S.89'39'500"W.. 1461.03 CEN 08' FEET; THENCE NC1 N.15' 14' 12"E. 77.65 FEET; THENCE N.89'39'50"E. 295.00 FEET; FEET; THENCE S.41'01'30"E. 42.66 FEET; THENCE S.25'05'03"E. 207.50 FEET; THENCE S.34"56'44"E. 40.69 FEET; THENCE S.76'13'47"E. 36.49 FEJT; THENCE N.400I'114E" .50.14'FE1 1; THENCE N.07`21'30"E. 31.71 FEET; THENCE N.50`34'21 "E. 209.20 FEET; 529.64 FEET; THENCE N.53'39'22"W. 287.93 FEET; THENCE S.89'48'41 "W. 181.65 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 319 AS DESCRIBED IN BOOK 79 AT PAGE 588 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE N.0733'40"E. ALONG SAID EASTERLY RIGHT OF WAY LINE 77.09 G SAID EASTERLY ON THE NORTH LINE OF SAID SE1/4SE1/4 SECTION 23; RIGHT OF WAY LINE AND ALONG SAID NORTH LINE N.89'48`41 "E. 1233.69 FEET TO THE NORTHEAST CORNER OF SAID SE1/4SE1/4 SECTION 23; THENCE 5.00"03'45"E. ALONG THE EAST LINE CONTAININGSAM SE1/4SE1/4 SECTION 23 1316.73 35.75 ACRES, MORE OR LESS. TO THE POINT OF BEGINNING. SAID PARCEL EXC'FPTING THERFROM, that portion of the above parcel conveyed to 319 Properties, LLC, a Colorado Limited Liability Company, in Quit Claim Deed recorded June 20, 2005 in Book 1698 at Page 560. AND TOGETHER WITH: That parcel conveyed to 319 Water Company, LLC in Quit Claim Deed recorded August 10, 2007 as Reception No. 730605. EXEHIBIT B PROPERTY DESCRIPTION (MAM M CREEK COMMONS, LLC) APARCEL OF SOUTH, RANGE 93 D 1N THE S1/2 EWEST OF THE SIXTH PRINCIPAL ERID�1/4 OF SECTION 23, AND THE NW1/4 NE1/4 OF SECTION 26, TOWNSHIP GARFIELD COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID S1/2SE1/4 N.E SECTION 23, ALSO BEING THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 23; THE NORTH LINE OF SAID S1/2SE1/4 1410.51 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 319 AS DESCRIBED IN BOOK 79 AT PAGE 588 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID EASTERLY RIGHT OF WAY LINE S.07'33'40"W. 77.09 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY LINE N.89°48'41 "E. 181.65 FEET; THENCE 5.53'3922"E. 287.93 FEET; THENCE S.22'49'38"E. 529.64 FEET; THENCE S.50'3421 "W. 20920 FEET; THENCE S.07°21'30"W. 31.71 FEET; THENCE S.64'02'14"W. 50.14 FEET; THENCE N.76' 13'47"W. 36.49 FEET; THENCE N34`56'44"W. 40.69 FEET; THENCE N.25"05'03"W. 207.50 FEET; THENCE N.41'01'30"W. 42.66 FEET; THENCE N.54'2915"W. 45.82 FEET; THENCE N.68'28'03"W. 47.60 FEET; THENCE N.85'37'07"W. 74.12 FEET; THENCE S.82'5l'13"W- 74.18 FEET; THENCE S.89'25'34"W. 140.09 FEET, TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID COUNTY ROAD 319; THENCE S.08'21'51 "W. ALONG SAID WESTERLY RIGHT OF WAY LINE 625.73 FEET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE S.89'39'50"W. 241.11 FEET; THENCE S.54'27'09"W. 1134.80 FEET, TO A POINT ON THE WESTERLY LINE OF SAID NW I/4NE1/4 SECTION 26, THENCE N.01'07'22"W. ALONG SAID WESTERLY LINE 575.09 FEEl, TO A GARFIELD COUNTY SURVEYOR BRASS CAP, BEING THE ONE QUARTER CORNER COMMON TO SAID SECTIONS ECTION 23, 1320.22 TO THE POINT OF EGINNING. ABOVE DESCRIBED PARCE26; THENCE N.00'05100"E. ALONG THE WESTERLY LINE OF L S1/ZSE1/4 S CONTAINING 51.402 ACRES, MORE OR LESS. EXCEPT that parcel conveyed to 319 Water Coiiq any, LLC in Quit Claim Deed recorded August 10, 2007 as Reception No. 730605. DRAFT Park Operations and Management Plan This Park operates as a zero tolerance park and as such any violations of these rules and regulations shall result in immediate termination of this contract and removal from the park facilities without exception. By signature hereon I understand and agree to this termination clause of the contract: Dated this day of , 2008 Printed name Signature Tenant Rules & Regulations 1. There shall be no noise offensive to any other park tenant permitted on the property at any time. 2. At no time shall camp fires or barbeques be left unattended. Barbeques and fires in permitted pits shall be fully extinguished upon completion of use. Barbeque equipment shall be kept clean and put away. 3. No pets shall be allowed to run loose and shall not be a nuisance to other tenants. Pets must be on a leash or otherwise controlled when outside of your RV. Due to the concern of protecting wildlife there shall be no exception to this rule. 4. A maximum of two (2) animals per space shall be strictly enforced 5. Firearms are not permitted outside on park or adjacent properties. 6. All trash and/or refuse shall be placed in the dumpsters provided and dumpster covers shall be kept closed at all times. 7. Each site is provided with a yard hydrant and 100ft. of hose permanently attached for use in case of a Class A fire and shall not be used for any other purpose. 8. A fire extinguisher is attached at each yard hydrant for use in case of a Class B or Class C fire and shall not be used for any other purpose. In the event this fire extinguisher is used, immediately notify the park manager for replacement. 9. Unless connected to a manufactured barbeque all propane tanks shall be kept in a location where they are not subject to damage and combustible materials are to be kept a minimum of 10 feet away from the tanks Management Responsibilities Upon registering a new tenant the park manager shall provide the lessee with an emergency contact information document that shall include: Fire Department contact number Sheriff Department contact number Park Manager contact number Other contact numbers as may be applicable Upon registering a new tenant the park manager shall provide the lessee with a copy of the Approval Conditions of the Special Use Permit. A review log will be maintained indicating not less than weekly verification of fire hydrants, hoses, and fire extinguishers at each site location. The park manager shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition. On a daily basis the park manager shall verify that no trash or refuse is left outside of the dumpsters and that dumpster gates and lids are closed. These containers shall be picked up on a not less than weekly basis by a company regularly engaged in this business. All dumpsters on the property shall be wild -life proof. The park manager shall enforce the Solid Waste Management plan. The park manager shall be responsible for making arrangements to treat the gravel surfaces within the park with an approved dust suppressant periodically and maintain roads in a rut free condition. The park manager shall be responsible to comply with the Vegetation and Weed Management plan. A Code of Conduct Document for Employees Related in the Gas Development This document will be provided in the near future when received 05/02/2008 13:08 970-625-4933 CO RIVER ENG. COLORADO •ftioniNelimpFZINIER E c ir-EEI Ir -4c To: Jimmy Sills Fax Cover Sheet PAGE 01/06 P.O. Box 1301 Rifle, GO 81650 Tel 970-625-4933 Fax 970-625-4564 Company: 319 Properties, LLC Fax Number: 970-928-7779 From: Mark Haves Pages (including this cover sheet): 6 (originals will not follow by mail) Date: Job Number: RE: Comment: May 2, 2008 663-Mamm Creek Commons Plans Review Jimmy - As discussed, we plan to submit the following application package to West Divide this afternoon. Janet said that she should be back in the West Divide office at 3:00 pm. Thank you. Mark Cc: If you have any questions, please contact our office at 970-625-4933 .. 05/02/2008 13:08 970-625-4933 CO RIVER ENG. RN6LNRER1N6 INCORPORATED May 2, 2008 Mrs. Janet Maddock West Divide Water Conservancy District 109 West 4th Street PO Box 1478 Rifle, CO 81650 RE: Job #663 — 319 Water Company — WDWCD Contract 040219WC(a) PAGE 02/06 P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 Dear Janet, On behalf of 319 Water Company we are requesting the above theain See. Tcontract be amended. is to The total volume of water (16.23 acre-feet) is proposed alter (refine) the matrix of uses. The subject propertyRs currently with 60 sites. The oral Use Pginal contract ermit Review by Garfield County for the development of an campground allowed for both commercial and residential uses so we have adjusted the e eudemand es shown havex been to specifically identify the Recreational Vehicle sites as a type of use. conservatively over estimated to allow for future planning alternatives. Currently, there are 5 existing commercial buildings and the campground proposal before the county contains 60 spaces. ent tha We have adjusted the commercial water demand este imates tooff buildings and not neceatch the type of sarily thte is occurring on the properties which is controlled by square footage of the building. The attached wner decidetimates" table provides for contract to seek approval from the County for water to serve up to 100 campsites, should the o additional units in the future. Also, we have enclosed a check in the amount of $110.00 to cover the application amendment fee. if you have any questions, please do not hesitate to call 970-625-4933. Cc: Jimmy Sills, 319 Water Company, LLC MH:mh WDWCD.doc Sincerel Mark Hayes, " s cian 05/02/2008 13:08 970-625-4933 APPLICATION TO AMEND WATER LEASE # 040219WC(a1 WEST DIVIDE WATER CONSERVANCY DISTRICT 109 West Fourth Street, P. O. Box 1478, Rifle, Colorado 81650 CO RIVER ENG. PAGE 03/06 water@wdwcd.org Fax: (970) 625-2796 Telephone: (970) 625-5461 1. APPLICANT INFORMATION Name: 319 Water Company, LLC Mailing address: 539 JB Court Glenwood Springs. CO 81601 Telephone: (970) 928-8882 Authorized agent: Jimmy Sits 2. COURT CASE #s: Decree Case No. Augmentation Plan Case No. 3. USE OF WATER RESIDENTIAL Number of main residences: 22 No. ADU's 0 Subdivision: No. constructed units: 0 No. vacant lots Home garden/lawn irrigation of 87,582 total sq. ft. Method of irrigation: flood_ _ sprinkler X other___ Non-commercial animal watering of 0 animals Fire Protection X Evaporation: Maximum water surface to be exposed: 0 Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: Well Sharing Agreement for multiple owner wells must be submitted If greater than two owners, application must be made under a homeowners association. COMMERCIAL Number of units: 35 Total sq. ft. of commercial units: 157,500 Description of usc: 139.335 sf lawn/garden See Exhibit A INDUSTRIAL Description of use: Evaporation: Maximum water surface to be exposed: Description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond: MUNICIPAL Description of use: DIRECT PUMPING Tributary: Location: 4. SOURCE OF WATER Structure: Well Structure Name: Lazier/Sills Well #2 Source: surface storage_ ground water__ Current Permit # 61926-F (attach copy) 5. LOCATION OF STRUCTURE SE Garfield SW County Quarter/quarter Quarter 6th 23 6S 93W Section Township Range P. M. Distance of well from section lines: 850' from South Line 2450' from East Line Elevation: 5700 Well location address: North of Grass Mesa Road.. East of CR 319 (Attach additional pages for multiple structures) 6. LAND ON WHICH WATER WILL BE USED (Legal description may be provided as an attachment.) See Exhibit B Number of acres in tract: 125 Inclusion into the District, at Applicant's expense, may be required 7. TYPE OF SEWAGE SYSTEM Septic tank/absorption leach field X Central System_ Other___ District name: 8. VOLUME OF LEASED WATER NEEDED IN ACRE FEET: 16.23 (minimum of 1 acre foot except augmentation from Alsbury Reservoir where a lesser amount is allowed) Provide engineering data to support volume of water requested. Commercial, municipal, and industrial users must provide diversion and consumptive data on a monthly basis. A totalizing flow meter with remote readout is required to be installed and usage reported to West Divide. Applicant expressly acknowledges it has had the opportunity to review the District's form Water Allotment Contract and agrees this application is made pursuant and subje to the terms and conditions contained therein,�'� /7 Applicant Signature Applicant Signature Application Date: DATE APPROVED: WEST DIVIDE WATER CONSERVANCY DISTRICT s/2 -/20.0B By: ATTEST: President Secretary Printed portions of this form, except differentiated additions or deletions, have been approved and adopted by the West Divide Water Conservancy District. Form : WDWCD 01-01-08 AMEND APPLICATION ,:z UGC LC) ,u J.,.�� WATER USE ESTIMATES w W U re w cn W 0 0 -J 0 U WEST DIVIDE WATER CONSERVANCY DISTRICT 16.23 acre feet Contract Amount wI 5% Transit Loss = APPLICANT: Transit Loss- 5.0% (4) (5d) _ (5D) ioa y,j \". ,-1 - -- Commercial & Livestock Total In House Commercial Rec.Vehicle Rec Vehicle Irrigation Irrigation Diversion & Total Total Contract C.U. Diversion Diversion C.U. Diversion C.U. C.U. Diversion C.U. Amount (AF) (AF) (AF) (AF) (AF) (AF) (AF) (AF) (AF) (AF) 0 427 0 45 0.73 0.11 1.17 0.95 0.32 0.00 0.00 0.00 2.992 0.66 0.10 1.05 0.86 0.29 0.00 0.00 0.00 2.702 0.386 0.41 0.73 0.11 1.17 0.95 0.32 0.00 0.00 0.00 2.992 0.427 0.45 0.71 0.11 1.13 0.92 0.31 0.45 0.36 0.00 3.367 0.773 0.81 0.73 0.11 1.17 0.95 0.32 2.00 1.60 0.00 5.091 2.027 2.13 0.71 0.11 1.13 0.92 0.31 2.87 2.29 0.00 5.904 2,706 2.84 0.73 0.11 1.17 0.95 0.32 3.06 2.45 0.00 6.205 2.876 3.02 0.73 0.11 1.17 0.95 0.32 2.43 1.94 0.00 5.542 2.370 2.49 0.71 0.11 1.13 0.92 0.31 1.72 1.38 0.00 4.700 1.789 1.88 0.73 0.11 1.17 0.95 0.32 0.50 0.40 0.00 3.518 0.829 0.87 0.73 0.11 1.13 0.92 0.31 0.00 0.00 0.00 2.920 0.417 0.44 0.73 0.11 1.17 0.95 0.32 0.00 0.00 0.00 2.992 0.427 0.45 8.65 1.30 13.72 11.20 3.74 13.02 10.42 0.00 . 48.927 15.455 16.23 moon-c� §@4k§§§ oa00000 § \ 0000\/\ ,--§ to \a \!t \§§ ■ , ,, ea CV 00\11\\ / {0_00, \\�\\\ II r EE - EEE _®§--- / 30.000 iBƒ±\§§\JOOW 1-1-2<I-)n<e0z0o 05/02/2008 13:08 970-625-4933 r No. GWS -25 APPLICANT CO RIVER ENG. OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver. Colorado 80243 (303) 8663581 PAGE 05/06 EXST WELL PERMIT NUMBER 61926 -F DIV. 5 WD 45 DES. BASIN MD JIMMY M SILLS 45705 HWY 6 & 24 GLENWOOD SPRINGS, CO 81602 - APPROVED WELL LOCATION GARFIELD COUNTY SW 114 SE 114 Section 23 Township 6 S Range 93 W Sixth P.M. DISTANCES FROM SECTION LINES 850 Ft from South Section Line 2450 Ft. from East Section Line (970) 947-9511 UTM COORDINATES (NAD83) CHANGEJEXPANSION OF USE OF AN EXISTING WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shad be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury wit occur fb another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this wed shall be in complance with the Water Wel Construction Rules 2 CCR 402-Z unless approval of a variance has been granted by the State Board of Examiners of Water Wets Construction and Pump Installation Contractors in accordance with Rule 1 B. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a wed, appropriating ground water tributary to the Colorado River. as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water from Rued Reservoir is in effect, or under an approved plan for augmentation. WDYtICD contract #0402191 (a). 4) Approved for the use of an existing wed constructed on August 18, 2003, to a depth of 150 feet, under permit no. 252359 (Canceled). The issuance of this permit hereby cancels permit no. 252359. 5) This well Lazier/Sits Well no. 2, is subject to administration by the Division Engineer in accordance with sper :able decrees, statutes, rules, and regulations. 6) The use of ground water from this well is anted to fire protection, ordinary household purposes inside not more than twenty-five (25) single family dwelling units, the irrigation of not more than 4,000 square feet of home gardens and lawns per residential site, drinking and sanitary facilities inside not more than fouxty-slc (46) commerda l business tmits, irrigation of not more than 4,000 square feet of landscaping for each commercial unit. Total irrigation shad not exceed 6.52 acres (284,000 square fere) of borne gardens and lawns and commercial business landscaping. 7) The pumping rate of this wrel shad not exceed 35 GPM. 8) The annual amount of ground water to be appropriated shall not exceed 32.431 acre-feet. 9) This well shall be located not more than 200 feet from the location specified on this permit and at least 600 feet from any existing wed, completed in the same aquifer, that is not pruned by the applicant 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) The owner shall mark the well in a conspicuous place with well permit number(s). name of the aquifer. and court case mrnber(s) as appropriate. The owner shad take necessary means and precautions to preserve these markings. NOTE: Canceled permit no. 252359 was previously issued for this well * ailesfSab Well no. rat this location. NOTE Parcel identification Number (PIN): 23.2177-234-00-612 /(7:9 Op� NOTE: Assessor Tax Schedule Number: R040703 (totaling 47.20 acres) APPROVED DMW 4, v State Engineer Receipt No. 9501947 DATE ISSUED 11-02-2004 EXPPIIRATION DATE 11-02-2005 05/02/2008 13:08 970-625-4933 CO RIVER ENG. EXHIBIT B PAGE 06/0b Property Description The South one-half of the Southeast one-quarter (S 1/2 SE 114) of Section 23, and the North one-half of the Northeast one-quarter (N 1%2 NE 1/4) of Section 26, Township 6 South, Range 93 West of the 6th Principal Meridian, County of Garfield, State of Colorado. Excepting therefrom that portion conveyed to the County of Garfield for road purposes by Warranty Deed recorded in Book 79, Page 588, as Reception No. 39677. And subject to a 60 -foot wide easement for road purposes granted by the instrument recorded in Book 594 Page 886, as Reception No. 325720. And excepting a 35.00 acre tract of land located in the North 1/2 of the NE 1/4 of Section 26, T6S, R93W, 6th P.M. being more particularly described as follows: Beginning at the Southeast corner of the NE 1/4 NE 1/4 of Section 26, T6S, R93W, 6th P.M. (Being 1981 Brass Cap IS 15846) from which the East 1/4 corner of said Section bears S00°56'57" E 1316.52" (being a 1974 County Surveyor Cap), thence S89°40'29" W along the South line of the North 1/2 NE 1/4 of said Section 1893.65' to the East line of County Road #319; thence N25°25'05" E along the said road line 400.00'; thence N89°40'29" E parallel to the said South line of the North 1/2 NE 1/4 395.88' to the West line of the said NE 1/4 NE 114; thence N01°00'11" W along the said West line of the NE 1/4 NE 1/4 661.73'; thence N89°40'29" E parallel to the said South line of the North 1/2 NE 1/21322.20' to the East line of the said NE /4 NE 1/4; thence S00°52'02" E along the said East line of the NE 1/4 NE 1/4 1022.03' to the point of beginning. Basis of bearings is the East line of the SE 1/4 of said Section which is taken from a global positioning satellite observation to bear N00°4714" W a distance of 2634.01' (the Southeast corner of said Section being a 1981 cap LS 15846). Contains 35.00 acres more or less. "1"4„,a7vayA2c,, —7,37i1-7;001-7- tansower.avasacioapirifolmao s1 -.Is AIN -Mar 3111HLIALIJONd IE 0219-929 WM XV.1 1009--929 (01.6) IN0141. 09019 OCIncrloo .3.11 39091.3 V1.3136 1,912 'ONI 'ONINH2N101\12 HASSITIEI J.1 -1O900 avox OW6,110103 'ALN1103 NNW Wildli1V3 ' --------------- ) „ , _•• - — ----- ---- ---------- _ _ ---------- --------- „ ----- - 01. David Pesnichak From: Jim Rada Sent: Friday, May 09, 2008 4:14 PM To: David Pesnichak Subject: RE: Jimmy Sills - 319 Water Co - Camper Park Attachments: Jim Rada.vcf Page 1 of 2 EXHIBIT L-5 Dave, I have reviewed the revised submittal for the ISDS Plans at the proposed 319 Water Co. Camper Park. It is clear that Bull's Eye Engineering has made appropriate adjustments to the calculations that have resulted in a design on paper that appears to meet the minimum requirements of the Garfield County ISDS Regulations and the CDPHE WQCD Policy 6. However, I still have some concerns relative to the proposal. 1. The leach field for ISDS #2 is depicted approximately 120 feet from what appears to be a dry gulch or creek. If this is the case, the ISDS Regulation would require a system of this size to be located a minimum of 210 feet from a creek or 185 feet from a dry gulch. It appears that the new location is inappropriate for a system of this size. 2. Leach fields 1 and 2 have been relocated slightly away from where the original perc tests were run. Per the engineer's original notes, there may be variable soil conditions in the area. The ISDS regulations require perc tests to be run in the area of the proposed leach field. Should more clay soils be encountered in these areas, leach field sizes may increase creating additional potential setback issues. I recommend that additional perc tests be required for ISDS 1 and 2. 3. As you are aware, some grading and excavation work has been conducted on this site. It appears that some of this work may have been done over the ISDS #3 leach field area. Running heavy equipment over fine soils can result in compaction. If activity has taken place in this area, an evaluation of these soils must be made by an engineer to determine if the soil characteristics have changed. 4. As you can see, the leach field separation buffers for ISDS 1 and 2 come very close to overlapping. Any changes in size related to #1 above could cause these systems to encroach throwing this application in to CDPHE review. 5. Leach field for ISDS 2 and 3 are located very close to the mandatory 10 foot property line setback requirement. Property lines must be clearly identified prior to construction to avoid encroachment. 6. All components of the ISDS must be staked and inspected by the Building Department or the design engineer prior to beginning site grading and excavation to assure that all mandatory setbacks are being met. 7. No mention is made regarding sewer line crossings over water lines. ISDS engineering for permit must include minimum specifications for such crossings per the Garfield County ISDS Regulations. Jim Rada, RD -15 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfield-county.com 5/9/2008 Page 2 of 2 Web www.garfield-county.com From: David Pesnichak Sent: Monday, May 05, 2008 8:31 AM To: Michael Erion; Jim Rada Cc: Jimmy Sills Subject: Jimmy Sills - 319 Water Co - Camper Park Good Morning Jim and Michael. As a follow-up to the Jimmy Sills 319 Water Company application for the Camper Park near the Garfield County Airport, on April 23 the Planning Commission recommended approval to the Board of County Commissioners. The BOCC hearing has been scheduled for May 19. As a condition of approval from the Planning Commission, the Applicant has reduced the number of camper spaces from 100 to 60 in order to meet the requirements for wastewater disposal (100 gpd). As a result, the Applicant has resubmitted ISDS plans for the Camper Park. Jim, I have sent the revised drawing via courier to your office. Michael, I will drop off the plans to your office this morning. I know it is short turn around, but if you can have any comments back to me by this Friday, May 9 so that I can incorporate them into the Staff Report, I would really appreciate it. The Applicant has also begun the process of obtaining legal water and has applied to the City of Rifle for the necessary Watershed Permit. FYI: I have also attached the conditions of approval from the Planning Commission hearing on April 23. Thanks, Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email:dpesn_ichak@garfield-county.com www.garfield-county.com 5/9/2008 RESOURCE ENGINEERING INC Mr. David Pesnichak Garfield County Building and Planning Dept 108 8th Street, Suite 201 Glenwood Springs CO 81601 RE: 319 Water Company, LLC —Application for SUP Review of Supplemental Submittal Dear David: At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the supplemental submittal by 319 Water Company, LLC, dated May 2, 2008. Our comments are presented below. May 9, 2008 WATER The applicant appears to be working on solutions to the issues. Adequate physical and legal water supply remain conditions of any approval to be met prior to issuance of a Special Use Permit. WASTEWATER The use of a design flow of 100 gpd per unit addresses our original concern. The Applicant has limited the number of units connected to each of the three ISDS systems such that the estimated average daily flow does not exceed 2,000 gpd (the threshold for review and approval by CDPHE). The project plan drawing incorrectly notes that the future units require approval from the County Health Department. The future units will require approval from the BOCC and installation of additional wastewater collection and treatment systems. TRAFFIC The driveway location required by Garfield County Road and Bridge was omitted from the original submittal. The new submittal does not include a revised design to line up with Grass Mesa Road as apparently required by Road and Bridge. The revised design should be submitted and approved prior to issuance of any permit. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J. Er n, P.E. Water Reso rces Engineer MJE/mmm 885-58.0 K:1Clients1885 GARC0158.0 319 WATER C01Davld P review of 319 water company app.doc Consulting Engineers and Hydrologists 909 Colorado Avenue n Glenwood Springs, CO 81 601 a (970) 945-6777 a Fax (970) 945-11 37 David Pesnichak From: Matt Sturgeon [msturgeon@rifleco.org] Sent: Wednesday, May 07, 2008 4:21 PM To: Jimmy Sills Cc: James S. Neu; Karl Hanlon; Michael Erion; Fred Jarman; David Pesnichak Subject: RE: 319 Water Company LLC Property East CR 319 Page 1 of 1 Mr. Sills, We've been informed by the county that you are continuing to work on the site (notification occurred today). Yes, you need to quit working and employ best management practices for storm water management. You will be notified by Water Resource Engineering regarding next steps. Water Resource Engineering will make a site visit, and if you are working the City will be forced to file suit. It is going to be difficult to obtain permits if you continue to work with out county and city authorization. You are also likely facing fines from the City Council for violation of the watershed permit ordinance if you disregard stop work order issued by our legal council. If you have questions regarding watershed permit process, please contact Michael Erion, P.E. Water Resources Engineer (970) 945-6777 Voice (970) 945-1137 Facsimile www.resource-eng.com Respectfully, Matt Sturgeon, Asst. City Manager City of Rifle 202 Railroad Ave Rifle, CO 81650 From: Jimmy Sills [mailto:jsills©rof.net] Sent: Monday, April 28, 2008 3:21 PM To: Matt Sturgeon Subject: 319 Water Company LLC Property East CR 319 Hi Matt, I just today picked up the certified letter from Leavenworths' office regarding the watershed permit which I recently filed for. I am not certain I know what to do other than not working on that site untill the permit is issued. Can you let me know about how long that may take? Sorry I spaced this one out, must be the old chemo brain at work Thank you and I do apologize, Jimmy Sills 539 JB Court Glenwood Springs, CO. 81601 Phone 970. 928. 8882 Fax 970.928.7779 5/8/2008 David Pesnichak From: Fred Jarman Sent: Thursday, May 08, 2008 8:39 AM To: Carolyn Dahlgren; GARCO Attorney; Andy Schwaller; David Pesnichak Subject: FW: Jimmy Sills From: Matt Sturgeon [mailto:msturgeon@rifleco.org] Sent: Thursday, May 08, 2008 8:36 AM To: James S. Neu; Michael Erion Cc: Fred Jarman Subject: Jimmy Sills I hadn't seen this before the last email. Page 1 of 1 EXHIBIT 1 From: Jimmy Sills [mailto:jsills@rof.net] Sent: Thursday, May 08, 2008 7:37 AM To: Karl Hanlon Cc: Matt Sturgeon Subject: Spam: I received a letter from you telling me to stop work on my land that I have owned for 30 years. This land is outside of the City limits, zoned A/R/RD and if I want to do work on it I will. If you want to put me in jail for leveling my land and removing brush I live at 0539 JB Court here in Glenwood Springs and most of the time I am home so just tell the Sherriff to come and get me. Jimmy Sills 539 JB Court Glenwood Springs, CO 81601 970-928-8882 jsills@rof.net 5/8/2008 STOP WORK ORDER - INSPECTOR'S PORTION 4���L t‘ Z� G� DATE EXHIBIT GARFIELD COUNTY CODE EN ORCEMENT Code Violation Report Name of property owner where alleged violation exists /MO AV" 4)./tC ./73 Address or location of alleged violation e Puy- W A/LaAA,,'' peek eimc ci<cm6i c(z S/I Description of alleged violation: (as much detail as possible about what, where, when, who, appearance, neighbors or others involved, dates and times) y� ,,� 1l t t (_ y1n,4 J - c/14 C &IA ►u �-o *.Ns- d +''�C d o Name of re ortin ' • arty: / e I C/O q P Y Address , phone numbe , email address of reporting party: 70 ( 0020 Signature and Date Please mail to Garfield County Code Enforcement, 108 8th St, Suite 401, Glenwood Springs, CO 81601, or email to cchappelle@garfield-countv.com , or fax to 970 384 3470, or phone 970 945 8212. Chris Chappelle From: Chris Chappelle Sent: Tuesday, April 01, 2008 3:16 PM To: 'jsills@rof.net' Subject: Garfield County Code Enforcement Are you going to make me come out or will you honor an E -Mail Page 1 of 1 STOP WORK ORDER!!! Per order of Garfield County Dated 4-1-2008 Stop working on the east side of CR 319 opposite the Grass Mesa Rd. project where I last gave you a Stop Work Order. I will stop on the way in the morning of 4-2-2008 and leave the Stop Work Order card at the site . Please Jimmy you are not even close to having the proper Permits in place yet!! Thank you Chris Chappelle Code Compliance Garfield County Building and Planning 4/7/2008 Page 1 of 1 Chris Chappelle From: Jimmy Sills (jsills@rof.net] Sent: Thursday, April 17, 2008 9:46 AM To: Chris Chappelle Cc: Andy Schwaller Subject: 319 Water Company, LLC. Chris, I have talked with Jack about your e-mail yesterday and he assures me there has been no work preformed on the East side of CR -319 since you guys told us to not do anything a couple of weeks ago. I know Jack would not tell me that unless it was true. I do not know who is giving you this mis information but I would encourage you to go out to the site and as it has been raining off and on the past week or so it should be evident if any work has taken place or not. This situation is getting out of hand in my opinion but when you have the county attorney begin their action, please have them copy all correspondence to Larry Mincer who is my attorney and we will just let the courts handle it rather than us sending each other nasty e-mails. I think as the property owner I have certain rights and I really don't want to be upset by this any more. Sincerely Jimmy Sills 539 JB Court Glenwood Springs, CO. 81601 Phone 970. 928. 8882 Fax 970.928.7779 4/17/2008 Page 1 of 1 Chris Chappelle From: Andy Schwaller Sent: Monday, April 21, 2008 8:53 AM To: Chris Chappelle Subject: FW: Stop Work Order I would reference appendix J of the 2003 IBC. Obviously, it is the road and pad building that is in question. From: Jimmy Sills [mailto:jsills@rof.net] Sent: Monday, April 21, 2008 7:37 AM To: Chris Chappelle Cc: Andy Schwaller Subject: Stop Work Order I am meeting with my attorney this morning and need to know what section of the county regulations I am violating that caused the stop work order and prevents me from installing utilities on my property on 319 road Thank you Jimmy Sills 539 JB Court Glenwood Springs, CO. 81601 Phone 970. 928. 8882 Fax 970.928.7779 5/7/2008 Page 1 of 2 Chris Chappelle From: Jimmy Sills Usills@rof.net] Sent: Tuesday, April 22, 2008 6:07 AM To: Chris Chappelle Subject: Re: Stop Work Order Thanks Chris I think I have my head on straight regarding this now. Sorry to be a pain in the butt to you Jimmy Sills 539 JB Court Glenwood Springs, CO. 81601 Phone 970. 928. 8882 Fax 970.928.7779 Original Message ---- From: Chris Chappelle To: Jimmy Sills Sent: Monday, April 21, 2008 8:28 AM Subject: RE: Stop Work Order As we stated before utilities work is fine but the scope of work on that site has gone beyond just utilities trenching work. One of the County Commissioners happened by your site and saw the amount of road construction and new culvert pipe in the ground knowing very well you don't have approval for this extent of work and we were sent back out to you. I have sent along a copy of the letter you received from Andy Schwaller on 4-4-08 Jimmy, From our conversation on the phone on Wednesday, it sounded like you needed a grading permit for the work you have done. From the pictures I just looked at, you do need a grading permit in order to build the road. The Road and Bridge driveway permit only applies to the portion of the road in the County ROW. This driveway permit requirement might change once the Road and Bridge is requested to comment on the SUP as part of the SUP process. If all you were doing was to add gravel to an existing driveway, a permit would not be needed. To cut in a new 25ft. wide access road, apply pit run subgrade and top it with 1 % road base outside of the County ROW requires a grading permit. Also, when the original grading permit was submitted I believe last summer, I told Jack that additional information was required. We have not received additional information to date. Subsequently, either you or Jack was informed that the grading permit could not be issued until the SUP had reached the approval stage. As we discussed over the phone on Wednesday, there is no guarantee the SUP will be approved. Even with approval, there might be changes that would change the scope of work as it relates to road location, width, number of pads and utilities required. Even with a rehab bond in place, to try to remove, change or alter the work done before the SUP is approved can be more costly than the dirt work in the first place. It can end up being more than an eye sore with the invasion of weeds, dust and storm water discharge problems to the surrounding community. I would suggest applying for a grading permit (resubmit) once the SUP is past the Planning and Zoning Stage. We can not issue the permit until it is voted on by the BOCC, but it would give us time to review during the BOCC process and all the ducks would be in a row with the issuance of the SUP. Thanks for your cooperation. Regards, Andy 5/7/2008 Page 2 of 2 From: Jimmy Sills [mailto:jsills@rof.net] Sent: Monday, April 21, 2008 7:37 AM To: Chris Chappelle Cc: Andy Schwaller Subject: Stop Work Order I am meeting with my attorney this morning and need to know what section of the county regulations I am violating that caused the stop work order and prevents me from installing utilities on my property on 319 road Thank you Jimmy Sills 539 JB Court Glenwood Springs, CO. 81601 Phone 970. 928. 8882 Fax 970.928.7779 5/7/2008 Chris Chappelle From: Chris Chappelle Sent: Wednesday, April 16, 2008 4:19 PM To: 'Jimmy Sills' Cc:. Fred Jarman; Andy Schwaller Subject: STOP WORK ORDER 4-16-08 Jimmy Sills 319 Water Company LLC Page 1 of 1 STOP WORK ORDER - INSPECTOR'S PORTION DATE PERMIT NO. EXHIBIT \( On 4-1-08 a Stop Work Order was issued through e-mail in which you verbally consented on the phone to Andy and myself. Today 4-16-08 I just revisited your site on Cr 319. It appears work has continued since our phone call. On 4-4-08 Andy Schwaller sent you an e-mail in which you were not to continue work on this site until the SUP is approved. Since that conversation you have continued to work not just on utilities trenching but you have also extended your access road. It also appears you have started prep work on your pad sites as well. Garfield County Building and Planning office is referring this matter to the County Attorney for further action. 4/16/2008 4-16-08 Jimmy Sills 319 Waster Company LLC I have just revisited your site on CR319 on 4-1-08 a Stop Work Order was issued through e-mail and you verbally consented on the phone with Andy and myself. Since that conversation you have continued to work not just on the utilities trenching but you have also extended the access road and it also appears you have started grading prep work on pad sites as well . Andy Schwaller had sent you an e-mail 4-4-08 in which you were not to continue work until the SUP was approved, this has not occurred and we will have to refer this matter to the county attorney. i April 24, 2008 Garfield County BUILDING & PLANNING DEPARTMENT 319 Water Company, LLC do Jimmy Sills 0539 JB Court Glenwood Springs, CO 81601 in the ARRD zone for for a Special an , LLCe Conditions of Approval Permit for a Camper -Planning Commission district - for 319 Water Company, April 23, 2008 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 explicitly altered by the Board. licle 2. That the operationateand local regulationsdgoverning the operationone in accordance of this p the facility be type of federal, st, facility. 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Rifle Fire Protection District and the international Fire Code as the Code pertains to the operation of this facility. 4. That all proper building permits and ISDS permits are obtained for the structures and wastewater disposal systems associated with the operation of the Camper Park. 5. Sewage systems shall to be installed and maintained in accordance with the Garfield County ISDS regulations. e 6. The Camper nr Section 5.02 of the ZonngoResolution of 1978, as mended requirements as outline a. All camper spaces shall abut upon a driveway graded for drainage and maintained in a rut -free and dust -free condition and which provide unobstructed access to a public street or highway. b. Provisions shall be made for giving alarm in case of fire. It shall be the responsibility of the duly authorized attendant or caretaker to inform all tenants about means for summoning fire apparatus, sheriff's department and park employees. No open fires shall be left unattended at any time. c. The duly authorized attendant or caretaker shall be in charge at all times to keep the park, its facilities and equipment in a clean, orderly and sanitary condition. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 1 d. The owner shall be answerable for the violation of any provision of this Regulation and other shall be madeavailableto ble County and park residenCopiests bythe Regulationspark manager or owner. e. Refuse Handling: the storage, collection and disposal of refuse in mobile home parks and camper parks shall be so arranged as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. All refuse shall be disposed of at either a municipal or county designated landfill site. f. Pest Control: grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the County Environmental Health Officer and the Colorado State Department of Health. g. Pet Control: no owner or person in charge of any dog, cat or other pet animal shall permit it to run at large or commit any nuisance within the limits of any mobile home or camper park. h. Travel trailers and camper vehicles accommodated shall not exceed forty (40) feet in length and eight (8) feet in width. 7. All refuse anbe cof noteess than rs once weekly. for trash must be wild -life proof. Refuse shalldisposed 8. The Applicant shall treat the gravel surfaces within the facility periodically as needed with an approved dust suppressant to control fugitive dust. The Applicant shall submit an approved and adequate well permit, West Divide Water Conservancy Contract and Well Sharing Agreement to serve the Camper Park prior to issuance of the Special Use Permit. 10 The Applicant shall submit a new Vegetation and Weed Management plan which incorporates that area which is to be disturbed by the proposed Camper Park. This plan shall be reviewed and deemed adequate by the Garfield County Vegetation Management Department prior to issuance of the Special Use Permit. The Applicant shall NOT grade or disturb any portion of the subject site prior to the Vegetation and Weed Management plan's review and acceptance by the Garfield County Vegetation Management Department. Soil management, revegetation, and reclamation plan and financial security, of in accordance with the Garfield County Weed Management Plan 2000, d by Resolution No. 2002-94 and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 580572, Book 1251, Page 566, as amended. The Applicant has provided the plant material list and revegetation plan for the Mamm Creek Commons project. Staff assumes that they want to utilize 2 that plan for this project. The Applicant must quantify the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will be held for revegetation. Staff recommends a revegetation security once this information is provided. In addition, the Soils Management Plan shall include provisions for salvaging on-site topsoil and a timetable for eliminating topsoil and/or aggregate piles. This plan shall provide for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. The Applicant shall provide a security for revegetation in the amount in accordance with the Vegetation and Weed Management Plan as required in Condition 9 to cover the estimated area to be disturbed prior to issuance of the Special Use Permit. This security shall be reviewed and deemed adequate by the Garfield County Vegetation Management Department prior to issuance of the Special Use Permit. The security shall be held. by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Vegetation Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. The applicant shall provide the Vegetation Management Department with the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow sweetclover (M. indicus). The amount of seed specified to be planted in the Plan shall match the quantity of seed used in the field. 12. Any straw or hay bales used in erosion control shall be certified weed free. (C3 The Applicant shall obtain and be approved for a City of Rifle Watershed Permit prior to issuance of the Special Use Permit. 14 The Applicant shall obtain and be approved for a CDPHE Community Water System Permit for the proposed Camper Park prior to issuance of the Special Use Permit. 15 The Applicant shall obtain a letter from the Rifle Fire Protection District verifying that all concerns expressed in Exhibit M have been satisfactorily addressed prior to issuance of the Special Use Permit. 6.. The Applicant shall submit an updated engineered 1SDS design for each of the zS proposed iSDS's by May 271d, 2008, which accommodates 100 gpd per unit (total of 60 units) of wastewater capacity. In addition, all revised plans shall be reviewed and approved by the Garfield County Engineer and Garfield County Public Health Department prior to the hearing with flthe ebBo any Card of ounty Commissioners. If necessary, the Applicant necessary CDPHE permits for the proposed ISDS's prior to issuance of the Special Use Permit. 3 17 The Applicant shall submit a Wastewater Management Plan to be reviews approved by the Garfield County Public Health Department and G, County Engineer prior to issuance of the Special Use Permit. 18 The Applicant A oshall Solid Waste Management Plan reviewed approved by the Garfield County PublicHealth Department prior to issuance of the Special Use Permit. The Applicant shall submit a Park Operations Management Plan to be reviewed and approved by the Garfield County Planning Department prior to issuance of the Special Use Permit. i/7 O4e f 20. The Special Use Permit shall be reviewed by the BOCC at a fr uency of at Vc is least every 30 months from the date of issuance of the Special Use Permit with notice by agenda only. This meeting shall be requested by the Applicant or current landowner to evaluate whether operations are in compliance with the conditions of approval and assess the consistency of the Camper Park with the current Garfield County Goals and Objectives. At this review, the BOCC shall have the option to terminate the Special Use Permit should the Park be found to be inconsistent with the goals and objectives of Garfield County. Failure on behalf of the Applicant or current landowner to request this review shall similarly be grounds for termination of the Special Use Permit. - 21. The Camper Park shall connect to the City of Rifle sewer system as required by State regulations. If the Camper Park is not connected to the City of Rifle sewer systems when so required, the Special Use Permit shall be considered null and void. 22. The Applicant shall submit a new Traffic Impact Analysis which takes into account the permanent nature of the occupants within the Camper Park. In addition, the Analysis shall consider the ability of the internal roads and County roads to accommodate the added traffic demands. This Traffic Impact Analysis shall be reviewed and approved by the Garfield County Road and Bridge Department and the Garfield County Engineer prior to issuance of the Special Use Permit. 23. The Applicant shall either execute an access easement or a boundary line adjustment to enable the access point to be in accordance with the Driveway Permit from the Garfield County Road and Bridge Department (across from Grass Mesa Road). This easement or boundary line adjustment must be executed and recorded prior to issuance of the Special Use Permit. Evidence that such an easement or boundary line adjustment has been executed and recorded shall be subject to review by the Garfield County Planning Department. Mar 09 08 05:59p STEINHOFF Mr. Sills, 970 625 4992 p.1 GRASS MESA HOMEOWNERS' ASSOCIATION 1899 Grass Mesa Road Rifle, CO 81650 March 7, 2008 4>Y17r� f74* In recent weeks you closed off access to the small lot of Iand that had been used for a bus turnaround as well as car parking. We are sorry that a dispute with one of our homeowners facilitated this action. Please don't accept the opinions of this one homeowner as the views of all the Grass Mesa Homeowners. We as a community feel that your plans for the legal development of your land as you see fit will be an asset to the Grass Mesa Community and further more raise our property values as well. If you would accept our apology and reopen access to the turn around it would be greatly appreciated. If in the future you have any question or concerns please feel free to contact any of our board members. Sincerely, Hofl' inhoff Director 970-618-5672 Brian Klatt Director 970-319-0438 M. . ew McKenna Director/ Association Manager 970-379-2630 April 7, 2005 t° come to a legal Mesa Home O wners, worked diligentlystopand Grass board has • is roping for a school buspermitting s many of You are aware the of the Sills p County enforcingMan A all onion that due to the kl M the use of a e portion e Sills proposed enforcing Grass Mesa agreement for have recently construction of th not granting the turnaround' The Sills ha al centre owners by to habitually the illegal the home own In addition money paid to d shutting down to punish a school bus stop. ' time an laws an going agreement for the HO s Camp, that they are g land use e waste eat deal of OT1 their Home Owners with a wasted a gr roperly• an camp the Sills have .things p the m breaking the law, e that we were doing it to allow al rural airnesid residential be to special use perm agricultural e s to iter for asp e the zoning from a camp aworne sills are applying to bhang time limit for occupying Road and that the Conducted property east of 319aR also requesting in their Camp been commercial. They as workers to stay along 319 to date has t building and allow the oil and g Sills propertyare for county til they waved to meat of thed a total disregard each protect di The develophave display on The Sills work being anything but legally Mations, resulting in to be addressed by the planing rules and regulations, they violated. s that need County the rules thatand concern as well as the complied with Garfield County proposed location. There are some serious issues arming department of an camp to be built in this pi •gam building commissioners Some o L Lc and aiding allowing sinners reg man camp occupants affect safety? e' f these concerns are: children at th vehicle traffic for 100man safety of our How will adding yel the county insure • How can the Sills or man camp does not turn • county insure that the stop? the Sills or the pieance Creek? occupants add to an into can act will that many threat like the ones up into a drug imp What kind of environmental you to impacted area? already heavily . 1 home owner, we askannex t to you as a camp at the county you are important park I Man concerns. of concert' proposed R m• to voice your for these If these areas aiding this prop cool at 6:30 p' supe be heard• the hearing reg son April 23, attend, but want your attend able to so that your voice may in Glenwood Spring 11 not be building you think that you will If y lease sign this letter at the bottom concerns answered, p C c Lot 13 j3 April 7, 2008 Grass Mesa Home Owners, As many of you are aware the board has worked diligently to come to a legal agreement for the use of a small portion of the Sills property for a school bus stop and turn -around. The Sills have recently decided that due to the county enforcing permitting laws and shutting down the illegal construction of the Sills proposed RV Park/ Man Camp, that they are going to punish the home owners by not granting the Grass Mesa Home Owners with a land use agreement for a school bus stop. In addition to habitually breaking the law, the Sills have wasted a great deal of the HOA's time and money paid to attorneys to insure that we were doing things properly. The Sills are applying for a special use permit to allow the man camp on their property east of 319 Road and to change the zoning from agricultural / rural residential to commercial. They are also requesting that the time limit for occupying a camp sight be waved to allow the oil and gas workers to stay in their camp sights indefinitely. The development of the Sills property along 319 to date has been conducted anything but legally! The Sills have displayed a total disregard for county building and planning rules and regulations, resulting in work being halted on each project until they complied with the rules that they violated. There are some serious issues and concerns that need to be addressed by the building and planning department of Garfield County as well as the county commissioners regarding allowing a man camp to be built in this proposed location. Some of these concerns are: • How will adding vehicle traffic for 100 man camp occupants affect safety? • How can the Sills or the county insure the safety of our children at the bus stop? • How can the Sills or the county insure that the man camp does not turn into a drug threat like the ones up Pieance Creek? • What kind of environmental impact will that many occupants add to an already heavily impacted area? If these areas of concern are important to you as a home owner, we ask you to attend the hearing regarding this proposed RV park / Man camp at the county annex building in Glenwood Springs on April 23, cool at 6:30 p.m. to voice your concerns. If you think that you will not be able to attend, but want your support for these concerns answered, please sign this letter at the bottom so that your voice may be heard. (3Lot # rn� �� Lot # U fC «_ Lot # Lot # 63 / 7 A c1/. C'i Lot # of # April 7, 2008 Grass Mesa Home Owners, As many of you are aware the board has worked diligently to come to a legal agreement for the use of a small portion of the Sills property for a school bus stop and turn -around. The Sills have recently decided that due to the county enforcing permitting laws and shutting down the illegal construction of the Sills proposed RV Park/ Man Camp, that they are going to punish he 1 omn owners by not granting the Grass Mesa Home Owners with a land use agreement for a school bus stop. In addition to habitually breaking the law, the Sills have wasted a great deal of the HOA's time and money paid to attorneys to insure that we were doing things properly. The Sills are applying for a special use permit to allow the man camp on their property east of 319 Road and to change the zoning from agricultural / rural residential to commercial. They are also requesting that the time limit for occupying a camp sight be waved to allow the oil and gas workers to stay in their camp sights indefinitely. The development of the Sills property along 319 to date has been conducted anything but legally! The Sills have displayed a total disregard for county building and planning rules and regulations, resulting in work being halted on each project until they complied with the rules that they violated. There are some serious issues and concerns that need to be addressed by the building and planning department of Garfield County as well as the county commissioners regarding allowing a man camp to be built in this proposed location. Some of these concerns are: • How will adding vehicle traffic for 100 man camp occupants affect safety? • How can the Sills or the county insure the safety of our children at the bus stop? • How can the Sills or the county insure that the man camp does not turn into a drug threat like the ones up Pieance Creek? • What kind of environmental impact will that many occupants add to an already heavily impacted area? If these areas of concern are important to you as a home owner, we ask you to attend the hearing regarding this proposed RV park / Man camp at the county annex building in Glenwood Springs on April 23, cool at 6:30 p.m. to voice your concerns. If you think that you will not be able to attend, but want your support for these concerns answered, please sign this letter at the bottom so that your voice may be heard. '�-`\ Lot #,...= ' ((� ',JIM (' \c Lot # - .. Lot # , ,,, / Lot # � r Lot # Li April 7, 2008 Grass Mesa Home Owners, As many of you are aware the board has worked diligently to come to a legal agreement for the use of a small portion of the Sills property for a school bus stop and turn -around. The Sills have recently decided that due to the county enforcing permitting laws and shutting down the illegal construction of the Sills proposed RV Park/ Man Camp, that they are going to punish the home owners by not granting the Grass Mesa Home Owners with a land use agreement for a school bus stop. In addition to habitually breaking the law, the Sills have wasted a great deal of the HOA's time and money paid to attorneys to insure that we were doing things properly. The Sills are applying for a special use permit to allow the man camp on their property east of 319 Road and to change the zoning from agricultural / rural residential to commercial. They are also requesting that the time limit for occupying a camp sight be waved to allow the oil and gas workers to stay in their camp sights indefinitely. The development of the Sills property along 319 to date has been conducted anything but legally! The Sills have displayed a total disregard for county building and planning rules and regulations, resulting in work being halted on each project until they complied with the rules that they violated. There are some serious issues and concerns that need to be addressed by the building and planning department of Garfield County as well as the county commissioners regarding allowing a man camp to be built in this proposed location. Some of these concerns are: • How will adding vehicle traffic for 100 man camp occupants affect safety? • How can the Sills or the county insure the safety of our children at the bus stop? • How can the Sills or the county insure that the man camp does not turn into a drug threat like the ones up Pieance Creek? • What kind of environmental impact will that many occupants add to an already heavily impacted area? If these areas of concern are important to you as a home owner, we ask you to attend the hearing regarding this proposed RV park / Man camp at the county annex building in Glenwood Springs on April 23, cool at 6:30 p.m. to voice your concerns. If you think that you will not be able to attend, but want your support for these concerns answered, please sign this letter at the bottom so that your voice ma be heard. Lot #C' je--/z /!% G - Lot # �- % Lot # j3 4Yi/tr CVea Lot # --Lot# Lot # Apr 17 2008 7:58PM Construction Surves, Inc 970-876-1944 04/14/2008 16:14 FAX 970 625 4858 AVALANCHE BUS SYSTEMS April 7, 2008 Grass Mesa Home Owners, As many of you are aware the board fi s worked diligently to come to a legal agreement for the use of a small portion of the Sills property for a school bus stop and turn -around. The Sills have recently decided that due to the county enforcing permitting laws and shutting down the illegal construction of the Sills proposed RV Park/ Man Camp, that they are going to punish the home owners by not granting the Grass Mesa Home Owners with a land use agreement for a school bus stop. In addition to habitually breaking the law, the Sills have wasted a great deal of the HOA's time and money paid to attorneys to insure that we were doing things properly. The Sills are applying for a special use permit to allow the man camp on their. property east of 319 Road and to change the zoning from agricultural / rural residential to commercial. They are also requesting that the time limit for occupying a camp sight be waved to allow the oil and gas workers to stay in their camp sights indefinitely. The development of the Sills property along 319 to date has been conducted anything but legally! The Sills havo displayed a total disregard for county building and pluming rules and regulations, resulting in work being halted on each project until they complied with the rules that they violated. There are some serious issues and concerns that need to be addressed by the building and planning department of Garfield County as well as the county commissioners regarding allowing a man camp to be built in this proposed location. Some of these concerns are; • How will adding vehicle traffic for 100 man camp occupants affect safety? • How can the Sills or the county insure the safety of our children at the bus stop? • How can the Sills or the county insure that the man camp does not turn into a drug threat like the ones up Pieance Creek? • What kind of environmental impact will that many occupants add to an already heavily impacted area? If these areas of concern are important to you as a borne owner, we ask you to attend the hearing regarding this proposed RV park / Man camp at the county annex building in Glenwood Springs on April 23, cool at 6:30 p.m. to voice your concerns. If you think that you will not be able to attend, but want your support for these concerns answered, please sign this letter at the bottom so that your voice may be heard. Lot w (4 g p.1 E j 001/001 czcars iza7A ,i3AW, 4d. Cco. s. a Lat # 4 'a Lot # 1 g/ $� Lot # / ✓ Lot# S-8 Lot #} April 7, 2008 Grass Mesa Home Owners, As many of you are aware the board has worked diligently to come to a legal agreement for the use of a small portion of the Sills property for a school bus stop and turn -around. The Sills have recently decided that due to the county enforcing permitting laws and shutting down the illegal construction of the Sills proposed RV Park/ Man Camp, that they are going to punish the home owners by not granting the Grass Mesa Home Owners with a land use agreement for a school bus stop. In addition to habitually breaking the law, the Sills have wasted a great deal of the HOA's time and money paid to attorneys to insure that we were doing things properly. The Sills are applying for a special use permit to allow the man camp on their property east of 319 Road and to change the zoning from agricultural / rural residential to commercial. They are also requesting that the time limit for occupying a camp sight be waved to allow the oil and gas workers to stay in their camp sights indefinitely. The development of the Sills property along 319 to date has been conducted anything but legally! The Sills have displayed a total disregard for county building and planning rules and regulations, resulting in work being halted on each project until they complied with the rules that they violated. There are some serious issues and concerns that need to be addressed by the building and planning department of Garfield County as well as the county commissioners regarding allowing a man camp to be built in this proposed location. Some of these concerns are: • How will adding vehicle traffic for 100 man camp occupants affect safety? • How can the Sills or the county insure the safety of our children at the bus stop? • How can the Sills or the county insure that the man camp does not turn into a drug threat like the ones up Pieance Creek? • What kind of environmental impact will that many occupants add to an already heavily impacted area? If these areas of concern are important to you as a home owner, we ask you to attend the hearing regarding this proposed RV park / Man camp at the county annex building in Glenwood Springs on April 23, cool at 6:30 p.m. to voice your concerns. If you think that you will not be able to attend, but want your support for these concerns answered, please sign this letter at the bottom so that your voice may be heard. Lot # Lot # Lot # / Lot # Lot # Lot #