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Home My WebLink About8.0 Resolution 2004-1121111111111111111111111111111111111111111111111111111111 663138 11/09/2004 09:32A B1637 P995 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 21st day of June, 2004, there were present: John Martin Larry McCown Tresi Floupt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2004-112 A RESOLUTION CONCERNED WITH 'i'HE APPROVAL OF A SPECIAL USE PERMIT FOR A RESORT FOR THOM AND CAMILLE TOLER WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Thom and Camille Toler for a Special Use Permit to allow for a Resort designation at the 6.78 acres site also known as Parcel #217910400516, located at 0361 County Road 311, approximately 'A mile south of 1-70 and the Town of Silt, Colorado; and in a part of the NE 1/4 and the SE 1/4 of the SE 'A of Section 10, Township 6 South, Range 92 West of the 6th Principle Meridian,. WHEREAS, the subject property is located in the Agricultural//Industrial (A/I) zone district which contemplates a "Resort" as a Special Use within that district; WHEREAS, Thom and Camille Toler specifically request approval for a Resort to include the placement and use of one (1) lodge facility, build three (3) new additional cabins, establish one (1) trout pond and fish cleaning facilities, one (1) laundry facility, an engineered mound septic system, and one (1) gazebo for day use for such activities as reunions, weddings, anniversaries; and WHEREAS, Thom and Camille Toler received a Special Use Permit approval from the Board of County Commissioners for the same "Resort" designation described above on the 21A day of June 2004; and 11111111111111111111111111111111111111 111 1111111111111 663136 11/09/2004 09:32A 61637 P996 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board held a public hearing on the 20 day of June 2004, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 5. That the application is in conformance with the Garfield County Comprehensive Plan of 2000. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the designation of resort at the site identified in the application, upon 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 2. That the applicant obtains all building permits and inspections consistent with the adopted rules and regulations of Garfield County for all development within the resort area: 3. Prior to the issuance of the Special Use Permit, the Applicant shall submit an engineered design for a second mound system to the Garfield. County Building and Planning Department and the Colorado Department of Health and Environment. BOCC. As per Colorado Department of Health ISDS setback standards, an engineer shall verify the appropriateness at time of installation of any new septic systems and any permitting as may be required for the main lodge and kitchen. 1111111 11111 1111111 111111111 1111 1111111111 11111 11111111 663138 11/09/2004 09:32A B1637 P997 M ALSDORF 3'of 4 0.00 D 0.00 GARFIELD COUNTY CO 4. A Section 404 Permit for the day use access road crossing of the Colorado River and the development of the trout pond shall be obtained if the proposed use involves some component of dredge or fill material and then shall be presented to the Garfield County Building and Planning Department prior to the issuance of the Special Use Permit if necessary. 5. The applicant shall submit an updated report to the Garfield County Building Official discussing the laundry component use in the first phase and estimated water source requirements which do not show up in the septic requirements of the application proposal prior to issuance of the Special Use Permit. 6. The applicant shall utilize the Elevation Certification guidelines used by FEMA for construction in a floodplain for all dwelling units and construction associated with the Special Use Permit and provide evidence of this requirement to the Garfield County Building and Planning Department prior to the issuance of the Special Use Permit. 7. Fire access roads shall be a minimum of 20' feet wide. 8. If any further expansion of the use be attempted, the applicant shall readdress the proposal with and obtain the necessary approvals from the Board of County Commissioners. 9. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, downward and towards the interior of designated cabin sites, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 10. "A water test shall be conducted which includes the following items used to determine physical water supply for SUP's"; a. That a four (4) hour pump test be performed on the well to be used; b. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d. A written opinion of the person conducting the well test that this well should be adequate to supply water to the proposed use on; e. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. This is to be submitted to the Garfield County Building and Planning Department prior to issuance of the Special Use Permit 11. Portable toilets shall not be used for the proposed permanent uses of the Resort. 1111111111111111111 III 1111111111111111111111111111111 663138 11/09/2004 09:32A B1637 P998 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 8th day of November , A.D. 2004. ASST: Clerk of the Board:. Upon motion duly made and seconded the fore: oing Reso ution was adopted by the following vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, f OLORADO John Martin Larry McCown Tresi Houpt STA! OF COLORADO )ss County of Garfield I, , 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. 2004 County Clerk and ex -officio Clerk of the Board of County Commissioners