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HomeMy WebLinkAbout5.0 Resolution 2008-71■IIIKE}MK1,1VVIVICHIMOWiii III 11 Reception#: 749986 06106/2008 01:12:12 PM Jean Alberico 1 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 19th day of May A.D. 2008, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-71 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A "CAMPER PARK" LOCATED IN SECTION 25, TOWNSHIP 6, RANGE 93 AND GENERALLY DESCRIBED AS A 35.75 ACRE PARCEL LOCATED APPROXIMATELY 1 MILES SOUTH OF THE GARFIELD COUNTY AIRPORT OFF COUNTY ROAD 319 AND WITHIN A PROPERTY OWNED BY 319 WATER COMPANY, LLC, GARFIELD COUNTY PARCEL NO# 217723400516 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) submitted by 319 Water Company, LLC requesting a "Camper Park" which would include 60 (Sixty) Camper Spaces (no tent spaces) each served with central water (well) and wastewater (ISDS) hookups; and WHEREAS, the "Camper Park" is to be located within an approximately 35.75 -acre property owned by 319 Water Company, LLC; and WHEREAS, the subject property is zoned ARRD (Agricultural Residential Rural Density) where such use is permitted as a Special Use; and WHEREAS, at the hearing held by the Board of County Commissioners on May 19`h, 2008, the Board decided to review the development one (1) year following the date of issuance of the Special Use Permit; and 1 1111 Pinit diYkiml' 'n4h 111 Reception#: 749986 06/06/2008 01:12:12 PM Jean Plberico 2 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, the Board of County Commissioners opened a public hearing on the 19th day of May, 2008 upon the question of whether the above-described SUP should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 19th day of May, 2008 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Planning Commission and Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for a "Camper Park" for a property owned by 319 Water Company, LLC is hereby approved subject to compliance with all of the following specific conditions: 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. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of 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. 2 1111 11 II Reception#: 749986 06/06/2008 01:12:12 PM Jean Alberico 3 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 5. Sewage systems shall to be installed and maintained in accordance with the Garfield County ISDS regulations. 6. The Camper Park is subject to the following performance requirements as outlined in Section 5.02 of the Zoning Resolution of 1978, as amended. 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. d. 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. 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. 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 and/or recycling containers provided for trash must be wild -life proof. Refuse shall be disposed of not less than once weekly. g. 3 ■III WI FNhNJi, AUCCIN: 614.101V Ifliki 11111 Reception#: 749986 06/06/2008 01:12:12 PM Jean Rlberico 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 8. The Applicant shall treat the gravel surfaces within the facility periodically as needed with an approved dust suppressant to control fugitive dust. 9. 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. 11. 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 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 4 11111111.1111VANJMAUVWK41.1114 RN 11111 Reception#: 749986 06/06/2008 01:12:12 PM Jean Rlberico 5 of 7 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO 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. 13. 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. 16. The Applicant shall obtain any necessary CDPHE permits for the proposed ISDS's prior to issuance of the Special Use Permit. 17. The Applicant shall submit a Wastewater Management Plan to be reviewed and approved by the Garfield County Public Health Department and Garfield County Engineer prior to issuance of the Special Use Permit. 18. The Applicant shall submit a Solid Waste Management Plan to be reviewed and approved by the Garfield County Public Health Department prior to issuance of the Special Use Permit. 19. 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. 20. The Special Use Permit shall be reviewed by the BOCC one year from the date of issuance of the Special Use Permit and at a frequency of at 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. 5 •ill M. Firirthitill AIM 11111 Reception#: 749986 06/06/2006 01:12:12 PM Jean Rlberico 6 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 intemal 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 both execute and record 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. Dated this o2 ''day of , A.D. 20 0 e . Y BOARD OF ARFIELD COUNTY, Upon motion duly made and seconded the foreg. g Resoluti was adop d by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Nay 6 1111 PIA F17,1rAgi,Piti 1 111 Reception#: 749986 06/06/2008 01:12:12 PM Jean Alberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 7