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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.21.2004Exhibits for Ruby River Resort SUP Public Hearing held on June 14, 2004 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Application F Staff Memorandum G Garfield County Building and Planning, Chief Building Official H Garfield County Road & Bridge Department I Burning Mountain Fire Protection District J Department of the Army, Corps of Engineers BOCC 6/21/04 JH PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT LOCATION SITE DATA EXISTING ZONING ADJACENT ZONING A request for review of a Special Use Permit for Resort Designation Thom and Camille Toler 0361 County Road 311, South of Silt, approximately 1/4 mile south of 1-70in the NE 1/4 and the SE 1/4 of the SE 1/4 of Section 10, Township 6 South, Range 92 West of the 6th Principle Meridian. 6.78 Acres A/I Agricultural/Industrial A/I Agricultural/Industrial View: Location of property in relation to the town of Silt I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located within Study Area 2 in the Comprehensive Plan of 2000. This Study Area characterizes the area as "Commercial." 1 II. PROPERTY DESCRIPTION AND PROPOSAL The applicant is requesting resort status for a 6+ acre parcel currently being used as single family use, an additional dwelling unit (un -permitted) and a storage building used to store materials for the applicant's business, TOMCA construction, which is un -permitted for a home occupational use. The Applicant will not be using the main single family dwelling unit for any use connected with the resort other than administration and bookkeeping. The property contains meadows and native and landscaped stands of trees, access to the Last Chance Ditch of the Colorado River, a day use area accessible when the ditch is dry and a small pond on the southwest corner of the property and is suited for the requested use in that it is situated near the river for a portion of the proposed use, near the town of Silt, access to Interstate 70, and trees and low hills providing screening for the proposed use. The Applicant plans to approach the project in phases to determine what the needs are and the direction to be taken in order to be successful in the first phase. In the first two years they will modify the present ADU to be used as a lodge facility, build three additional cabins, establish a trout pond and fish cleaning facilities, laundry facility, engineered mound septic system, gazebo for day use for such activities as reunions, weddings, anniversaries etc., and augmented by the use of portable toilets. All activities and cabins will located in, near and within existing and proposed dwellings that are arranged into a small resort compound. They proposal will not adversely affect any scenic views held by the neighboring ranches. If the project appeared to be successful and funding was available, the next phase of the project the second and third phases of the proposal would be brought to the Garfield County Building and Planning Department as they are in the application for long-range informational purposes and not part of this SUP proposal. III. REVIEWING AGENCIES AND DEPARTMENTS a. b. c. d. e. f. g. h. Town of Silt Burning Mtn. Fire District Colorado Division of Wildlife US Corps of Engineers Garfield County Road & Bridge Garfield County Vegetation (Steve Anthony) Garfield County Attorney Garfield County Building Official (B&P Dept.) IV. STAFF COMMENTS No Comment Comment Received No Comment Comment Received Comment Received No Comment No Comment Comment Received 2 a. Zoning: A Resort is interpreted as a special use pursuant to Section 3.01 in the A/I zone district. b. Process: The Zoning Resolution of 1978 provides a process by which a Special Use Permit request is reviewed. In the event this proposal is approved , the applicant realizes their responsibility to return to the Garfield County Building and Planning Department and apply for an approval for of the resort for any additional phases as outlined in the application. The current Special Use Permit process does not provide a process for amendments to an existing and approved Special Use Permit. Rather a new application that highlights the current approved use and the addition of new proposed uses for approval consideration must be submitted at a later date. c. Roads & Access: The proposed use gains access from County Road 311, south of Silt, which is hard surfaced with no curves within sight so it is not a blind or hidden driveway where vehicle can enter the grounds safely. The north entrance is hard surfaced and serves as a parking area for the ADU and the storage building. The south entrance is graveled to the primary dwelling unit, day use area and general use parking area. Both the main access and internal vehicle access areas are adequate for the proposed use with exception of the day use access road to the day use area and the gazebo during times of high water (this is discussed below under US Army Corps comments). The main access County Road 311 is within the Town of Silt and is maintained by the County. d. Water and Sewer: the units and uses contained in this application will be served by an individual well, priority date, July 1, 1957, case number W-1161; well permit number 217995 has been issued has a production rate of 0.0198 cfs or approximately 9 gpm. The single family dwelling unit has an independent water supply which will not augment the water usage of the elements of this application. The existing water supply for the initial phase is not adequate to serve the second and third phase of this proposed use. The existing single family dwelling and the accessory dwelling unit are served by an engineered and pressurized mound septic system. The proposed addition of three cottages will utilize a mound system for sewage treatment similar to the existing approved system. The engineering analysis submitted in the application indicates that the proposed facilities with the current facilities will not exceed the 2,000 gal per day sewage demand limit. If and when the Stillwater Ranch development is completed the applicant intends to gam a water supply and sewer collection capacity to allow the later phases of the resort. e. US Army Corps of Engineers: A Section 404 Permit will be needed for the day use access road crossing of the Colorado River, boat ramps proposed for the second phase (if it includes fill material) and the development of the trout pond if it involves some component of dredge or fill material. Please see the attached letter form the Department of the Army. f. Building Department: 3 1. All proposed new buildings and any existing buildings in which there is a change in occupancy classification will require a building permit. 2. Verification of the actual design flow of the project's phase one septic requirements being under the State requirement of 2000gal/day design flow should be reviewed. Also, the applicant has included a laundry use for the resort in the first phase and estimated water source requirements do not show up in the septic requirements later in the proposal. 3. Any road related signage must comply with the zoning regulations of the county. g. State and Local Health Standards: State health standards are applicable to the application, namely the Colorado Department of Health ISDS (septic) setback standards, which should be verified by an engineer at time of installation, and any permitting as may be required for the main lodge kitchen. h. Drainage: The parcel drains to the north and northwest and running centrally through the property. The property is not known to be subject to any unusual hydrologic or geologic hazards other than its inclusion within the floodplain. The first floor elevations have been established according to the Elevation Certification guidelines used by FEMA for construction in a floodplain. The applicant understands that although non-regulated there is an inherent risk of building in this area. i. Fire Protection: the Burning Mountain Fire Protection District has indicated that (1) fire access roads shall be a minimum of 20' feet wide and (2) the later phases will require automatic fire suppression systems and therefore adequate water supply must be available. V. REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. 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 Response: The applicant has indicated and shown how adequate water can be provided for the proposed use. The Applicant has also indicated how additional septic needs will be provided with the exception of the laundry facilities of the resort. This item has NOT been met. 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; 4 Staff Response: The Applicant has indicated and shown how access will be obtained for the proposed use, however they have not demonstrated to the fire protection district that they have the necessary 20' for emergency service access. This item has NOT been met. 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 Response: The Applicant has shown how the proposed use will not visually impact adjacent uses by placing additional uses near existing buildings and using existing vegetative screening. This item has been met. V. SITE PHOTOGRAPHS View: NW corner looking NE lMl(1110I4 View: Looking at west side of main residence View: At N entrance looking at ADU View: At N entrance looking at storage building 5 View: from N property line to north at Ditch/Co. River VI. SUGGESTED FINDINGS View: Looking at west side of main residence 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. VII. RECOMMENDATION & CONDITIONS Staff recommends APPROVAL, with the following conditions of approval: a. 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. b. 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. 6 c. 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. d. 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. e. 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. f. 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. g. Fire access roads shall be a minimum of 20' feet wide. h. 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. i. 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. J. "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. 7 f. 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. VIII. RECOMMENDED MOTION "I move to APPROVE the request with the above noted requirements for a Special Use Permit to allow a Special Use Permit for Resort Designation in the A/I zone at 0361 County Road 311 for Thom and Camille Toler. 8 From: Andy Schwaller Sent: Monday, May 17, 2004 1:05 PM To: Jim Hardcastle Subject: Ruby River Resort Jim, The Building Department has the following comments regarding the Toler project. Page 1 of 1 EXHIBIT _a_a 1. All proposed new buildings and any existing buildings in which there is a change in occupancy classification will require a building permit. 2. Verification of the actual design flow of the project's phase one septic requirements being under the State requirement of 2000gal/day design flow should be reviewed. My limited knowledge of this subject includes the use of a 1.5 factor multiplied to the average use from Table 1 of the state regulations to arrive at the design flow. Also, they included a Laundromat in phase one Estimated Water Source Requirements that does not show up in the septic requirements later in the proposal. 3. Any road related signage must comply with the zoning regulations of the county. Please call if you have any questions or need additional input. Yours truly, Andy Schwaller Building Official, Garfield County aschwaller(5garfield-county.com 970.945.8212 crA-v(-e6 /S25, fi4fi/e9 — file://H:\JHardcastle\ SUP \Toler%20Ruby\Ruby%20River%20Resort%20Blding%2ORevie... 6/15/2004 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: May 13, 2004 Comments Due: June 7, 2004 Eil3IT a i Name of application: Toler, Thom & Camille -Ruby River Resort Sent to: Garfield County Road and Bridge Dept. ----------------------------- 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 Staff contact: Jim Hardcastle 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General comments: Garfield County Road and Bridge Dept. has no comment on this application as it is located within the city limits of Silt and is in the Stillwater annexation. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date June 7, 2004 Revised 3/30/00 Jun -04-04 12:49P BURNING MOUNTAINS FIRE PROTECTION DISTRIC Brit C. McLin Chief 611 Main St. P.U. Box 2 Silt, CO. 81652 Jim Hardcastle Re: Ruby River Resort Jim: Phone: (970) 876-5738 Fax: (970) 876-2774 E -Mail: chief800@rof.net 4 June 2004 At this time the only comments from Burning Mountains Firc arc as follows: 1) Firc access roads shall be a minimum of 20'widc 2) The proposed later phases will require automatic fire suppression systems and, therefore, adequate water supply must be available. BMFPD reserves the opportunity to comment further as the development progresses. You should be advised that we are currently operating under the 2000 Uniform lire Code. Yours truly, Brit C. McLin, Chief RECEIVED JUN 0 4 2004 ;ARFIELD COUNTY BUILDING & PLANNING RECEIVED JUN 0 9 20( n DEPARTMENT OFTHE ARMY FA. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS GARHELD CO N,.� T 1325 J STREET BUILDING & PLANNINgACRAMENTO, CALIFORNIA 95814-2922 REPLY TO ATTENTION OF June 8, 2004 Regulatory Branch (200475257) Mr. Jim Hardcastle Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Dear Mr. Hardcastle: EXHIBIT ffi I am responding to your written request for comment on the Ruby River Resort, special use permit application. The project site is located south of the Town of Silt, at the Colorado River within Section 10, Township 6 South, Range 92 West, Garfield County, Colorado. In accordance with Section 404 of the Clean Water Act, a Department of the Army permit is required for any discharge (including mechanized land clearing) of dredged or fill material in waters of the United States. Within the context of Section 404, "waters of the United States" are defined as the territorial seas; perennial and ephemeral streams; lakes, ponds, impoundments; and wetlands. Federal law requires that any individual or entity proposing to discharge into waters of the United States obtain a Department of the Army permit prior to commencing such work. To aid the applicant, we have enclosed a list of wetland consultants who routinely perform wetland delineations and are familiar with the Section 404 permit process. My review of this application has identified activities that would require a Department of the Army permit. The day use access road crossing of the Colorado River, boat ramps proposed for the second phase of this project (if they include fill material) and possibly, the development of the proposed trout ponds are activities that are likely to involve some component of dredge or fill material in waters of the U.S. I have assigned number 200475257 to this project. Please refer to this number as a Department of the Army permit is required on this development project as proposed. If you have any questions, please write to me at this address, telephone 970- 243-1199, extension 15 or email mark.a.gilfillan@usace.army.mil. Sincerely, rov/ Mark Gilfill Biologist, Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Enclosure Copy Furnished Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601