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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PLR+ --t- t ❑ PLANNED UNIT DEVELOPMENT (PUD) PUD Amendment (Check the Appropriate box above) GENERAL INFORMATION (Please print legibly) > Name of Property Owner: Rock Gardens Mobile Home Park & Campground, LLC > Mailing Address: 1308 County Road 129 Telephone: ( 970) 945-6737 City: Glenwood Springs State: co Zip Code:81601 Cell: ( ) > E-mail address: kevins@glenwoodcanyonresort.com FAX: (970) 945-2413 Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): Michael J. Sawyer, Esq. > Mailing Address: P.O. Drawer 2030 Telephone: (970 )945-2261 City: Glenwood Springs State: co Zip Code:81602 Cell: ( ) E-mail address: mjs@mountainlawfirm.com FAX: (970 )945-7336 > Property Parcel ID 2185-024-00-046 Existing Property Zone District: PUD - Camper Park and Commercial Recreation ➢ Existing Comprehensive Plan Designation: Recreation Proposed Zone District: PUD - Camper Park and Commercial Recreation > Purpose for the proposed rezoning to Planned Unit Development: Clarify the right to use two residential units for a nightly/transient rentals. Last Revised 12/12/08 • • I. APPLICATION SUBMITTAL REQUIREMENTS This Application applies to owners of real property in Garfield County who desire to rezone their property as shown on the Official Garfield County Zone District Map to Planned Unit Development. As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a cover letter containing a detailed narrative describing the purpose of the proposed Planned Unit Development. 2. Submit a copy of the deed and legal description of the real property, owned by the Applicant in Garfield County, which will be affected by such change. 3. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 4. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity." 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre - Application Conference. 7. Submit payment of the $500.00 base fee and a signed "Agreement for Payment" form with this application. 8. Please provide a response that demonstrates that the request meets the following PUD Standards as more fully detailed in Article VI, Section 6-203 of the Unified Land Use Regulations of 2008. • • 9. Please provide the general PUD submittal requirements as more fully detailed in Article VI, Section 6-203 of the Unified Land Use Resolution of 2006. 10. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS The following outlines the process for a Planned Unit Development in Garfield County which is also codified in Article VI, Division 2, Section 201 of the Unified Land Use Resolution of 2008. A. Pre -application Conference. A Pre -Application Conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference of Article IV. 1. Concept Narrative. The applicant shall present a Concept Narrative of the proposed PUD in sufficient detail to accurately convey the general concept of the proposal. Detail shall include: a) Concept Description. Location of property; existing zoning, use and density; proposed zoning, use, densities and lot sizes; existing zoning and use of surrounding property, including densities; existing and proposed access; existing and proposed source of water; existing and proposed wastewater treatment system; phasing if entire project is not being done at one time; unique features on the site which might enhance the site and proposed use; a discussion of the anticipated impacts and proposed mitigation. b) Additional Information Required. At the request of the Director, the applicant shall provide any reasonable additional conceptual information as needed to help clarify the proposal being made. B. Rezoning. The process for Rezoning is set forth in Section 4-201, of Article IV, Application and Review Procedures. C. Subdivision Review (if division of land is proposed within PUD). The process for subdivision review is set forth in Section 5-406 of Article V, Divisions of Land. Where a Preliminary Plan application is included with a PUD application, the subdivision regulations requirements will supersede the PUD requirements where the same information or more detailed information is required as part of a subdivision application. • • D. Preliminary PUD Plan Review. The following procedures shall apply to the Preliminary PUD Plan Review. The Director may allow combined review of the Preliminary PUD Plan and the Final PUD Plan. a) Application. The application materials required for Preliminary PUD Plan Review are set forth in Section 6-202 D. b) Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103 C, Determination of Completeness of Article IV, Application and Review Procedures. c) Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the Preliminary PUD Plan for consideration by the Planning Commission. 1) Public hearing by the Planning Commission shall be held within sixty (60) calendar days of the date of determination of completeness. 2) Public notice of the hearing shall be made pursuant to Section 4- 103 F, Notice of Public Hearing of Article IV, Application and Review Procedures. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable standards set forth in Section 6-303, PUD Approval Standards, and prepare a staff report pursuant to Section 4-103 E of Article IV. a) Review by Referral Agencies. The Director's evaluation of the application shall include comment by referral agencies received under Section 4-103 D, Review by Referral Agency of Article IV, Application and Review Procedures. 5. Review and Recommendation by the Planning Commission. An application for Preliminary PUD Plan shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing of Article IV, Application and Review Procedures. a) Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions or denial of the application based upon compliance with the standards set forth in Section 6-203, PUD Approval Standards. 1) Recommendation of Approval. If the application satisfies all of the applicable standards, the Planning Commission shall recommend • • that the application be approved. The Commission may recommend approval with conditions determined necessary for compliance with applicable standards. 2) Recommendation of Denial. If the application fails to satisfy all of the applicable standards the Planning Commission shall recommend that the application be denied. 6. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of County Commissioners. a) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of the Planning Commission recommendation. b) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public Hearing of Article IV, Application and Review Procedures. 7. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application for Preliminary PUD Plan shall be made by the Board of County Commissioners at a public hearing. a) Decision by Board. Following a public hearing conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the Board of County Commissioners shall approve, approve with conditions or deny the application based upon compliance with the standards set forth in Section 6-203, PUD Approval Standards. 1) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The Board may approve the application with conditions determined necessary for compliance with applicable standards. 2) Denial of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied. E. Final PUD Plan Review. The following review procedures shall apply to Final PUD Plan Review. 1. Application. The application materials required for PUD Final Plan Review are set forth in Section 6-202 E. 2. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section • • 4-103 C, Determination of Completeness of Article IV, Application and Review Procedures. 3. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the Final PUD Plan for consideration by the Board of County Commissioners. a) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of determination of completeness. b) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public Hearing of Article IV, Application and Review Procedures. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable standards set forth in Section 6-203, PUD Approval Standards, and prepare a staff report pursuant to Section 4-103 E of Article IV. 5. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application for Final PUD Plan shall be made by the Board of County Commissioners at a public hearing. a) Decision by Board. Following a public hearing conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the Board of County Commissioners shall approve, approve with conditions or deny the application based upon compliance with the standards set forth in Section 6-203, PUD Approval Standards. 1) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The Board may approve the application with conditions determined necessary for compliance with applicable standards 2) Denial of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied. 6. Revisions to Zoning District Maps. Approval of a PUD Final Plan shall be recorded on the Official Zoning Maps filed in the Planning Department as soon as practicable after the PUD becomes effective. 7. Expiration of Approval. Unless otherwise stated in action by the Board of County Commissioners, the Board's decision to approve or conditionally approve the PUD plan shall be effective for a period of one year. The applicant may request an extension of one year. • • 8. Extension of Approval. A request for extension of approval shall be considered by the Board of County Commissioners at a regularly scheduled public meeting. a) The request for extension shall include the following information. 1) The reasons for the applicant's inability to comply with the specified deadlines. 2) Changes in the character of the neighborhood or changes in the Land Use Code or Comprehensive Plan which have occurred since approval of the preliminary plan, and the effect of such changes on the proposed development. b) The Board may grant an extension based upon the following criteria. 1) The applicant has applied for an extension prior to the date of expiration of approval. 2) There has been no change or proposed change in the Code, the Comprehensive Plan, or the surrounding neighborhood which would substantially affect the proposed development. F. Recordation. 1. Completion of Conditions of Approval. The applicant must complete all conditions of Final PUD Plan approval prior to recording the Final PUD Plan and associated documents. 2. Approval of PUD Development Guide. The Final PUD Plan may not be filed for recording until the Board has approved a PUD Development Guide. 3. Effective Upon Recording. The Final PUD Plan does not become effective until it is properly filed for recording with the County Clerk and Recorder. 4. Public Sale of Lots. A PUD becomes complete and eligible for public sale of lots and development only after the Final PUD Plan and associated documents are recorded. III. Process for Amendments to Existing Planned Unit Developments This section only applies to property owners wishing to amend an Existing Planned Unit Development. All amendments to an approved PUD shall be processed as a Rezoning as set forth in Section 4-201, of Article IV, Application and Review Procedures. • • A. Pre -Application Conference. A Pre -Application Conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. B. Application. The application materials required for a PUD approval are set forth in Section 6-301. Within thirty (30) working days of the date of the Pre -Application Conference, the Director shall make a determination as to whether the proposed change(s) constitutes a substantial modification to the approved PUD or conditions of approval contained in the Resolution of Approval. Garfield County defines Substantial Modification as a Substantial Change which is defined as a change to and existing approved land use resulting in one or more of the following. 1. A change in land use category; 2. A change in site design which increases a) The number of dwelling units. b) The maximum square footage of structures less than 10,000 sq. ft. over 100% and structures over 10,000 sq. ft. by 10%, if a maximum has been specified in a permit or approval. c) Projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d) The size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. 1) No Substantial Modification. If the Director determines that the change does not constitute a substantial modification to the approved PUD, the Director shall determine the applicable submittal materials. 2) Substantial Modification. If the Director determines that the change constitutes a substantial modification, the PUD amendment shall be considered a new application and submit the required materials identified in Section 6-301. C. Written Notice of Decision. The Director shall inform the applicant of the determination in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. D. Request by Applicant for Reconsideration of Decision. An applicant may request review of the Director's decision by the Board of County Commissioners by filing a written request within ten (10) calendar days of the date of receipt of written notice of the decision by the Director. 1) Schedule Public Hearing. The Director shall schedule the request for review by the Board of County Commissioners. • • a) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of receipt of the request for review. b) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public Hearing. 2) Decision by Board. Following a public hearing conducted pursuant to Section 4- 103 G, Conduct of Public Hearing, the Board of County Commissioners may uphold the Director's decision, modify the decision, or reverse the decision. I have read th- statements above' and have provided the required attached information which is corr t and accurate t ebest of my knowledge. ( ur- o 'roperiy Owner)/ /Kevin Schneider, Manager Rock Gardens Mobile Home Park and Campground, LLC t • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 1St page $10 each additional page Page 2 • • The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Rock Gardens Mobile Home Park & Campground, LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for PUD Amendment (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. HORIZED REPRESENTATIVE) Kevin Schneider, Manager Print Name Mailing Address: 1308 County Road 129 Date Glenwood Springs, CO 81601 Page 4 • • STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Rock Gardens Mobile Home Park & a Colorado (corporation, limited liabilityCampground, company, general partnership, registered limited liability LLC partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Rock Gardens Mobile Home Park & Campground, LLC and is formed under the laws of Colorado The mailing address for the Entity is 1308 County Road 129, Glenwood Springs, CO 81601 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Kevin Schneider The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section bank) EXECUTED this 24th day of March Signature: Name(typed or printed: Kevin Schneider Title (if any): 20 STATE OF Colorado )SS. COUNTY OF Garfield The foregoing instrument was acknowledged before me this 24th day of March , 2010 by Kevin Schneider , on behalf of Rock Gardens Mobile Home Park & , a Colorado limited liability company. 05/09 d official seal. - ///- co�0/,(9\ ATTORNEYS AT March 23, 2010 Sander N. Karp James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught By Hand Delivery Fred Jarman Director, Garfield County Building and Planning 108 8th Street Glenwood Springs, Colorado 81601 Anna S. ltenberg Cassia R. Furman Jennifer M. Smith T. Damien Zumbrennen Jeffrey J. Conklin 201 14Th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com Michael J. Sawyer mjs a,mountainlawfirm.com Re: Request for Administrative Text Amendment of Rock Gardens PUD Dear Fred: As you know, Karp Neu Hanlon represents Kevin Schneider and Kathleen Schneider, authorized agents for Rock Gardens Mobile Home Park & Campground, LLC, the owners of the Glenwood Canyon Resort (collectively "Rock Gardens"). Rock Gardens is currently seeking a building permit for the community building. The community building was approved in the Rock Gardens PUD as a use by right, Resolution No. 2004-69. The PUD allows as a use by right, "Residential dwelling contained within a building also occupied by another Use By Right of this PUD. A maximum of two such dwellings shall be allowed." The community building has been designed with two residential dwellings to be located on the second floor. Based upon current market conditions, Rock Gardens desires to use the two residential units for transient (overnight) rentals and long term residential rentals. The zone text in the Rock Gardens PUD does not specifically state that the residential units will be used for transient rentals. In order to clarify the permitted uses under the PUD, Rock Gardens seeks an administrative text amendment. Under the Land Use Code Section 6-201 F, a PUD may be administratively amended upon a determination by the Director that the proposed change does not constitute a "substantial modification to the approved PUD." Such is the situation here. The proposed change will not result in any new land use being approved within the Rock Gardens PUD. Instead, the change will merely clarify that the already approved residential dwellings can be rented on both a transient basis and a long term basis. This clarification will not result in any additional impacts either on-site or within the surrounding neighborhood. Land Use Code Section 6-202 sets forth the various impacts that should be considered in determining whether there is a substantial modification. Because the two residential dwellings are already approved and designed as part of the community building (which is a use by right), there is no change to: visual impacts, pedestrian circulation, open space, recreational amenities and fire hazards. The clarification that the two residential dwellings can be used for transient rentals will not have an • • impact on the surrounding area as transient rentals (of campsites and RV slips) is already allowed under the Rock Gardens PUD. Nor is there any change in the traffic and parking impacts as a result of the PUD clarification. The design of the community building provides two spaces for each of the two residential units. This is compliant with both the residential code and the commercial code for required number of parking spaces for both residential dwellings and transient rental dwellings. The proposed clarification will also not increase the amount of traffic to or from Rock Gardens. In the PUD application, the traffic associated with a long term rental residential unit was 10.08 trips per unit per day. (Exhibit A). The traffic associated with a transient rental recreational home was only 3.07 trips per unit per day. Thus, by using the two dwelling units as transient rentals, the amount of traffic generated within the PUD will decrease. The housing variety standard is not directly applicable to the Rock Gardens PUD as it is a commercial tourism development and not a residential development. Further, the affordable housing element continues to be met as provided in the Rock Garden PUD - by providing a rooming house or dormitory type residential accommodation in either a building occupied by another Use By Right or within a mobile home or recreational vehicle on the site. Finally, the clarification of the use of the two dwelling units as transient rentals will not add any impacts to the water and wastewater treatment systems. The use of a dwelling unit as a transient rental as opposed to as a long term rental does not change the water use or wastewater generated by the unit. (Exhibit B). The water and wastewater demands of the two residential units were already factored into the legal water supply for Rock Gardens and the design of the physical systems for providing potable water and wastewater treatment on site. As discussed herein, the clarification of the use of the two residential dwellings for transient rentals does not create a substantial modification to the existing PUD. There is no substantive difference in impacts - either on-site or to the surrounding neighborhood - by allowing for transient rentals of these two units. Thus, administrative approval of the PUD amendment is appropriate. The proposed clarifying zone text is attached as Exhibit C. If you have any questions, please call. Your expedited review of this application is appreciated as the construction season is fast approaching. Very truly yours, KARP NEU HANLON, P.C. Michael J. Sawyer MJS: Enclosure cc: Rock Gardens (by email) Ron Liston (by email) Brad Jordan (by email) • • ESTIMATED TRAFFIC GENERATION ROCK GARDENS P.U.D. The Rock Gardens P.U.D. access is located on the south side of the Interstate 70 interchange. Below are the calculations showing the estimated existing average daily traffic volumes generated from the Rock Gardens P.U.D. during peak months: EXISTING CONDITIONS Type of Land Use # Units Average Vehicle Trip Ends per Unit/Day* Total Vehicle Trip Ends per Day Residential, Single - Family 32 10.09 323 Recreational Home (for RVs and Campsites) 50 3.07 154 Rafting (treat as Golf Course per employee) 20 25.28 506 Total = 982 *Based on values outlined in 1TE Trip Generation Manual, 6th Edition on a Saturday or Weekend. Please note the site is used on a seasonal basis. Below are the calculations to determine the average daily traffic volumes that can be expected to be generated at full occupancy of the Rock Gardens P.U.D. The following is a breakdown of uses: PROPOSED CONDITIONS Type of Land Use # Units Average Vehicle Trip Ends per Unit/Day* Total Vehicle Trip Ends per Day Residential, Single - Family 2 10.09 20 Recreational Home (for RV's and Campsites) 128 3.07 393 Rafting (treat as Golf Course per employee) 20 25.28 506 Total = 919 *Based on values outlined in ITE Trip Generation Manual, 6th Edition on a Saturday or Weekend. Please note the site is used on a seasonal basis. Based on the Capital Improvements Plan as adopted by the Board of County Commissioners the Rock Gardens P.U.D. is not located in an impact fee related area. .o d EXHIBIT P.O. Box 1908 1011 Grand Avenue Glenwood Springs, CO 81602 4N1C4MEL 4! 4M0 55004 T EMOMEEllit9Gi COMSUiLT4 March 23, 2010 Mike Sawyer Karp, Neu, Hanlon, P.C. P. O. Drawer 2030 Glenwood Springs, CO 81602 Re: Rock Gardens Dear Mike: 1E (970) 945-5700 (970) 945-1253 Fax At your request, we have considered the proposed change of the two residential units at the Rock Gardens commercial facility. In the original PUD, these units were proposed single family residences. In the future, Rock Gardens may rent these units on a nightly rental basis. The original augmentation plan provided for 74.1 EQR of water and wastewater services at Rock Gardens. We do not expect that these minor changes in use will have any detectable changes in the water or wastewater services. The proposed nightly rental alternative may result in less than the originally assumed full time occupancy. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella & Associates, Inc. _fin =i.,f ego A e Thomas A. Zancanella, P.E. z:\400's\429 - rock gardens\20101sawyer-units.docx • • EXHIBIT C Section 3.01.01 Uses, by right: Residential dwelling contained within a building also occupied by another Use By Right of this PUD. A maximum of two such dwellings shall be allowed. These units may be short term (transient or nightly) and/or long term (non -transient) rental units. EXHIBIT • 1111111 VIII 1111111 III 1111111 VIII VIII III 11111 III IIII 658362 08/20/2004 11:37A B1615 P523 M ALSDORF 1 of 16 R 0.00 D 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 Plaza Building, in Glenwood Springs on Monday, the 12th day of July, 2004, there were present: John Martin Larry McCown Tresi Houpt 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. 2 0 0 4- 6 9 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLANNED UNIT DEVELOPMENT APPLICATION FOR KEVIN B. AND KATHLEEN C. SCHNEIDER FOR THE ROCK GARDENS PLANNED UNIT DEVELOPMENT Parcel ID: 2185-024-00-046 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Planned Unit Development (the PUD) application from Kevin B. and Kathleen C. Schneider (the Applicant) to develop the Rock Gardens Campground (the Property) which consists of 43 acres and is practically located directly south of the Interstate - 70 interchange at No Name just east of Glenwood Springs, Colorado; and WHEREAS, the Applicant proposes to rezone the Property from Residential / General / Suburban Density (RGSD) and Agricultural / Residential / Rural Density (ARRD) to PUD which is more fully described in "Exhibit A" (PUD map) and "Exhibit B" (PUD zoning) which allows uses in general to include 1) Tent & RV Camping; 2) Camping trailers and park trailers / cabins; 3) Recreation services to include rafting excursions, bicycle rentals, fishing excursions, jeep tours, kayak, boat, and raft rentals, and point of registration for other recreational adventures (hunting, photographic tours); 4) On site recreation activities to include a rock wall, ropes course, and organized activities to take place in the propose community facility; 5) Commercial services such as i iniii uiii uiiiii iu Ali 1111 11111 III 11111 111 1111 658362 08/20/2004 11:378 B1615 P524 M RLSOORF 2 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO the sale of food, beverages, and convenience items, travel memorabilia, and a small food service grill; and 6) Mobile homes; WHEREAS, on May 12, 2004, the Garfield County Planning Commission considered the proposed PUD for Rock Gardens Campground in a public hearing and forwarded a recommendation of approval with conditions to the Board of County Commissioners for the PUD; and WHEREAS, on June 21, 2004, the Board of County Commissioners opened a public hearing upon the question of whether the PUD should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said PUD; and WHEREAS, on June 21, 2004, the Board of County Commissioners continued the public hearing until the 12th day of July, 2004; and WHEREAS, the Board of County Commissioners closed the public hearing on the 12`r' day of July, 2004 to make a final decision; and WHEREAS, the Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission and before the Board of County Commissioners. 2. That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the application is in compliance with the standards set forth in Section 4:00 of the Garfield County Zoning Resolution of 1978, as amended. 4. That the proposed PUD is in compliance with the Comprehensive Plan of 2000 for the unincorporated areas of the County. 5. That the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on the determination of facts set forth above, the request is approved to rezone the Property from RGSD and ARRD to PUD (further described in "Exhibit B" attached hereto) with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in 1 111111 11111 1111111 111 11111 111 11111 1111 1111 • 658362 08/20/2004 11:378 B1615 P525 M RLSDORF 3 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall install two new fire hydrants on the new eight inch water main. One shall be located near R.V. spaces 2 & 3 or on the north side of the expanded office building as part of Phase I improvements. The second new hydrant shall be installed near the new community building as part of Phase II as the water line main is extended to serve the improvements in Phase II. In addition, the Applicant shall install a "Dry Hydrant" near the Colorado River on the lower bench of the property as part of Phase II improvements. The dry hydrant shall be designed and installed to National Fire Protection Standards. Prior to installation, plans of the dry hydrant design shall be presented to the Glenwood Springs Fire Department for review and approval. 3. The Applicant shall contact the Glenwood Fire Protection District once the community water system and new hydrants are completed so that the Department can 1.) obtain fire flow rates on the system. 4. The Applicant shall install fire sprinkler systems (meeting NFPA Standards) in all new buildings when they are built including the community center and when the additions are constructed on the existing buildings which include the administrative office and residence complex and expanded storage/maintenance shop). Further, the Applicant shall retro fit the older parts of the same buildings that will be added on to with a fire sprinkler system at the time the additions are made. The Applicant shall install an alarm system for the sprinklered buildings to be designed to NFPA 71, 1999 standards and monitored by a UL Listed Central Station. S. The Applicant shall design and construct the secondary emergency egress right-of- way which terminates at the Rock Gardens property line as shown on the PUD Plan. 6. The Applicant shall be required to bear proof all outdoor trash containers and require that all dogs on-site shall be kept on leash. 7. The proposed community building shall not be relocated to the presently proposed location of the waste water treatment facility. 8. Due to the potential for geotechnical concerns for potential settlement of structures, all structures shall require a site specific geotechnical study before a building permit is issued. This should be included in the PUD Zone Regulations. 9. The private driveway through the property shall be constructed at a total width of 26 feet consisting of 22 feet of pavement and 2 feet on each side as a gravel road base. 10. The Applicant shall complete the wastewater treatment facility as part of Phase I. 11. The Applicant shall complete the community water system in two phases with Phase I i iuui 11111 nudiiiu 11111 mil 111 11111 1111 1111 • 658362 08/20/2004 11:378 81615 P526 11 RLSDORF 4 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO improvements to include the wells, storage tanks, water pump / treatment systems, fire hydrant, and 8" water main to terminate where the main internal road tums east. Phase II improvements include completing the 8" water line to the community building and fire hydrant located adjacent to the community building. 12. Regarding the control of noxious weeds, the Applicant shall provide the following information prior to the hearing before the Board of County Commissioners: A. Inventory and mapping -The Applicant shall map and inventory the property for County listed noxious weeds. There may be tamarisk and or Russian -olive in the area along the banks of the Colorado River. B. Weed management -The applicant shall provide a weed management plan for the inventoried noxious weeds. C. Open Space weed management -Please provide a weed management plan that details whom the responsible party will be for future weed management in common open space areas. 13. The Applicant shall re -grade the last portion (30 linear feet) of the main internal driveway to where it meets the entrance / exit point out of Rock Gardens to a maximum grade of 6 percent as shown in the proposed re -grading plan. The Applicant shall also contact the Colorado Department of Transportation (CDOT) in order to determine if additional signage / road markings could be installed where the bike path crosses the entrance to Rock Gardens. Acceptable improvements shall be borne by the Applicant. 14. The maximum length of stay for guests at Rock Gardens shall be limited to no more than 120 days per year. Dated this 1 7th day of August , A.D. 2004. ATTEST: Cl - l�Orthe Rt. • GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFI. CO TY, COL • ' .:8 00� r+i► ce �r� Ch • 111111111111 Ii11111111111111111111 III 111 111527 M111111 ill 658362 08/20/2004 11:374 6161 5LSDORF 5 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO County of Garfield )ss ) , Aye , Aye , Aye 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 GRAPHIC SCALE I Ina12 ft LEGEND / • r N NN ;1 / / 1/ 7," ------ /;)11 /' ' \\ • /No l/1/ 1)` 1111111111111111111111111111111111111111111111111111111 658362 08/20/2004 11:378 81615 P535 M RLSDORF 13 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO n11111111 1(1111cum 11111 1111 (III • 658362 08/20/2004 11:37R 81615 P528 M RLSDORF 6 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO "EXHIBIT B" ROCK GARDENS PLANNED UNIT DEVELOPMENT ZONE REGUATIONS Revised July 14, 2004 1.00 Regulating Authority The provisions of these regulations shall prevail and govern the development of Rock Gardens PUD provided; however, where the provisions of the Rock Garden PUD Zone Regulations do not clearly address a specific subject, the ordinances, resolutions or regulations of Garfield County shall prevail. Definitions established herein shall take precedence over definitions established by the Zoning Regulation of Garfield County, adopted January 2, 1979 and as amended, wherever these regulations are applicable to the Rock Gardens PUD. 2.00 Definitions 2.01 Park Trailers: Sometimes referred to as Park Models, are recreational vehicles built on a single chassis, mounted on wheels with a gross trailer area not exceeding 400 square feet when set up. Each is certified by its manufacturer as complying with ANSI 119.5, a nationally recognized safety standard for Park Trailers that is mandated and enforced by the State of Colorado. Park Trailers are typically sited in Recreational Vehicle Parks for extended terns, typically several years. 2.02 Camping Cabin: An enclosed structure, sited on a temporary foundation, with no water or sewer services and containing not more than150 square feet of enclosed gross floor area. A cabin typically provides sleeping berths for two to four people. Electric service is typically provided. 3.00 Zone Districts 3.01 Camper Park & Commercial Recreation District 3.01.01 Uses, by right: Camper Park accommodating sites for tent camping, recreational vehicles, park trailers, camping cabins and administration and service buildings normally accessory to a camper park., when compliant with the requirements of Section 5.00 the Rock Gardens PUD Zone Regulations. Mobile Home Park, when compliant with the requirements of Section 5.00 the Rock Gardens PUD Zone Regulations. 1 1111111 1E11 1E11 111 1111111 11111 11111111 111111 111 1111 658362 08/20/2004 11:378 B1615 P538 h RLSDORF 16 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO • • 4.08.05 (2) (i) PHASING (h) If more than one phase is proposed, a phasing plan shall be included in the application that delineates the proposed phasing of the development. (A. 97-109) Development of the Rock Gardens PUD is proposed in the following listed phases: PHASE I: PHASE II: 1. Construction of sewage treatment plant. 2. Construction of a new bath house and service building to replace the existing upper shower/rest room building. The new structure will also include a laundry room. 3. Realignment and reconstruction of the access road from the entry to the end of parking for recreation services guests. 4. Installation of new recreational vehicle spaces west of this new road, placement of camper cabins and development of new tent camping sites. 1. Construction of a new driveway at the end of the existing mobile home area creating a looping connection back to the main drive. 2. The gradual replacement of mobile homes with recreational vehicle parking sites may also begin in association with roadway and utility improvements. . Construction of a community meeting building and recreation hall. 4. Complete replacement of mobile home spaces with recreational vehicle parking sites. 5. Renovation and expansion of administrative and recreational services buildings including retail space and employee housing accommodations. See the PUD SITE PLAN for graphic configuration of phasing. i iuui uui uiiiii Mull 11111 11111 111 11111 1111 1111 • 658362 08/20/2004 11:37A B1615 P529 M ALSDORF 7 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO Rooming House or Dormitory type residential accommodations exclusively for persons employed at the Rock Gardens up to a maximum of 16 persons within a building also occupied by another Use By Right of this PUD, or within a mobile home or recreational vehicle. Residential dwelling contained within a building also occupied by another Use By Right of this PUD. A maximum of two such dwellings shall be allowed. Sales, administration and operation of outdoor adventure tours including equipment outfitting, guide services, jeep tours, river excursions and the lease of rafts, kayaks, canoes, dory style river boats and other watercraft, bicycles and similar peddle -powered vehicles, backpacking and camping gear and rock climbing equipment. Indoor recreation services including video arcades games. Retail sales of snack foods and beverages, convenience items, fishing tackle, photographic supplies, travel memorabilia and gifts, primarily for guest and clients of the on-site operations. Photographic service associated with the on-site outdoor adventure tours operations. Community building / meeting hall with kitchen. Snack and sandwich bar with a maximum seating capacity of twenty chairs. Beer and wine service at the community building and the snack and sandwich bar. Sewage treatment facilities; wells, water storage and water treatment facilities for domestic and irrigation purposes, all exclusively providing service to uses within the Rock Gardens PUD and to surrounding properties, as may be approved by the Colorado Department Health. 3.01.02 Uses, conditional: NONE 3.01.03 Uses, special: NONE 3.01.04 Minimum Lot Area: One acre 3.01.05 Maximum Lot Coverage: Thirty-five percent (35%). 3.01.06 Minimum Setback: (1) Public Street Right -of -Way: Buildings, Recreational Vehicle parking spaces and Tent Camp Sites 25 feet (2) Other PUD Boundaries: Buildings & Recreational Vehicle parking spaces 2 1111111 1111111 1111111111 IM1111 III 11111 111111 11 658362 08/20/2004 11:378 B1615 P530 M RLSDORF 8 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO 15 feet (3) Tent Camp Sites 5 feet 101.07 Maximum Height of Buildings: Twenty-five (25) feet. ,,101.08 Maximum Floor Area Ratio: NONE 3.01.09 Parking Requirements: (1) Each camp site in addition to the area provided for a recreational vehicle or tent: One (1) parking space (2) Each Park Trailer and Camping Cabin: One (1) parking space (3) Retail sales: One (1) parking space per 500 square feet of retail sales floor area. (4) Recreational Services: One parking space for every five (5) persons of the projected capacity of the recreation service. (5) Mobile Horne: Two (2) parking spaces (6) Attached Single Family Dwelling: Two (2) parking spaces (7) Employee Dormitory Lodging: One (1) parking space per every two (2) beds. (8) General Criteria: i. Each parking space shall be a minimum of 9'x 19' of graveled surface. ii. Parking spaces shall be located within one hundred and fifty feet of a recreational vehicle or tent camper space, park trailer or camping cabin that it is intended to serve. 4.01 Open Space District 4.01.01 Uses, by right: Open Space, Ropes challenge course, primitive trails. 4.01.02 Uses, conditional: NONE 4.01.03 Uses, special: NONE 4.01.04 Minimum Lot Area: One Acre 3 1111)11111111111111111111111111111111111111111111111111 658362 08/20/2004 11:37A B1615 P531 M ALSDORF 9 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO 5.00 Mobile Home Park and Camper Park Regulations 5.01 Site Requirements Applicable Only to New Mobile Home Facilities: (1) Minimum Space Size: Each mobile home space shall contain at least thirty-six hundred (3,600) square feet of area exclusive of access driveways. (2) Maximum Space Coverage: The inhabitable floor area of the mobile home shall cover no more than thirty-five percent (35%) of the space upon which it is located. Appurtenant enclosed structures and covered porches shall cover no more than fifteen (15) percent of the mobile home space. (3) Minimum Separation of Mobile Homes: The minimum space between any two mobile homes shall be 20 feet. The Minimum separation between appurtenant structures and mobile homes on adjacent spaces shall be twelve (12) feet. There is no minimum separation between appurtenant structures. (4) The area of placement for the mobile home shall be graded for drainage and the mobile home supported in a manor to prevent shifting or settling of the mobile home. (5) Each mobile home space shall provide two (2), 9'x 19' graveled or paved parking spaces. (6) Driveways: The minimum unobstructed width of internal access driveways shall be twenty- four (24) feet, providing no parking is permitted thereon. 5.02 Site Requirements Applicable Only to New Camper Space Facilities: (1) Setbacks: All recreational vehicle parking spaces shall observe the minimum setbacks established by the Rock Gardens PUD Zone Regulations. (2) Tent Camper Spaces: The minimum on -center distance between tent sites shall be twenty (20) feet. Each space shall contain a well -drained, reasonably level tent site. Each space shall be provided a graveled parking space within approximately 150 feet of the tent site. Parking for a group tent camping site may be located at a greater distance. (3) Recreational Vehicle Spaces: The minimum on -center distance between recreational vehicles parking spaces shall be twenty-five (25) feet. Each graveled or paved recreational parking space shall be a minimum width of twelve (12) feet and a minimum length of twenty-four (24) feet. In addition to the RV parking space, one 9'xl 9' parking space will be provided within 150 feet of each RV space. This parking space may be located at end of or adjacent to the RV parking space. (4) Driveways: The minimum unobstructed width of access driveways shall be fifteen feet (15) feet for one-way traffic or twenty-two (22) feet for two-way traffic with a two foot gravel shoulder, providing no parking is permitted thereon. Driveways may be of gravel surface. (5) All permanent building foundations shall be designed based on a site—specific geotechnical study 5.03 Water Supply and Distribution; General Requirements: (1) The physical and legal supply of domestic water shall be consistent with the Rock Gardens PUD as approved by Garfield County and shall be in compliance with the drinking water standards of the Colorado Department of Health 4 1 unit 11111 1111111 111 le iiiii lull iii uuii ui iui • 658362 08/20/2004 11:37fa 81615 P532 M RLSDORF 10 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO (2) The water supply, treatment, storage and distribution systems shall be designed by a professional engineer licensed by the State of Colorado and which designs shall be in accordance with applicable regulations of the Colorado Department of Health. (3) All recreational vehicle parking spaces shall be provided with a domestic water service connection. (4) A water service station shall be provided within one hundred and fifty (150) feet of each tent camping site. 5.04 Fire Protection; General Requirements: (1) 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. (2) 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 in an open station within approximately hundred (100) feet of any tent site and recreational vehicle parking space. (3) Any new domestic water distribution system construction shall have fire hydrants located as approved by the Glenwood Springs Fire Department. (4) Fire suppression sprinkler systems meeting NFPA 13, 1999 in the new community building, additions to the office and residence complex and the expanded storage/maintenance shop. At the time of expansion, the existing portions of these structures shall be retrofitted with fire suppression sprinklers . (5) All buildings with fire suppression sprinkler systems shall also be equipped with an alarm system designed to NFPA 71, 1999 standards an monitored by a UL listed central station. 5.05 Sewage Disposal; General Requirements: (1) The sewage collection system and sewage treatment facility shall be designed by a professional engineer licensed in the State of Colorado. These systems shall meet all applicable requirements of the Colorado Department of Health and shall be consistent with the sewage collection and treatment system conceptually defined by the Rock Gardens PUD. (2) Sink Wastes: No liquid wastes from sinks shall be allowed to accumulate on the ground surface. Gravel dry wells may be provided for the disposal of liquid sink wastes in the area of the tent camping sites. 5.06 Electrical Distribution and Exterior Lighting: (1) The 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. All plans for the above services shall have the approval of the responsible utility prior to county approval of park plans. (2) All exterior lights shall be recessed or full cut-off fixtures that eliminate or substantially reduce direct view of the light source. Continuous and regular use of exterior flood lighting is prohibited. Security/safety lighting, with or without motion detectors shall be allowed when directed inward on the property. 5 1 uiiii 11111 uiiiii iAi 1111 11111 111 111111 111 iui • 658362 08/20/2004 11:378 B1615 P533 M t.SDORF 11 of 16 R 0.00 0 0.00 GARFIELD COUNTY CO 5.07 Service Facilities; General Requirements: Service facilities shall be provided at locations specified on the Rock Gardens PUD Site Plan. (1) All portions of the structure shall be properly protected from damage by ordinary uses and by decay, corrosion, termites and other destructive elements. Exterior portions shall be of such materials and be so constructed and protected as to prevent entrance or penetration of moisture and weather; (2) All rooms containing sanitary or laundry facilities shall have sound -resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, bathtubs, lavatories and other plumbing fixtures shall be constructed of dense, non-absorbent waterproof material or covered with moisture resistant material; (3) Each room containing sanitary or laundry facilities shall have at least one (1) window or skylight facing directly to the outdoors. The minimum aggregate gross area of windows for each room shall be not less than ten percent (10%) of the floor area served by them. Each room shall have at least one (1) window which can be easily opened, or a mechanical device which will adequately ventilate the room; (4) Toilets shall be located in separate compartments.. Shower stalls shall be of the individual type. The rooms shall be screened to prevent direct view of the interior when the exterior doors are open; (5) Illumination levels shall be maintained as follows: (i) general seeing tasks - five (5) footcandles; (ii) laundry room work area - forty (40) footcandles; (iii) toilet room in front of mirrors - forty (40) footcandles; (6) Hot and cold water shall be furnished to every lavatory, sink, bathtub, shower and laundry fixture, and cold water shall be furnished to every closet and urinal. 5.08 Campfire and Fire Pits: (1) No fire pits are allowed in the Phase I and Phase II areas except for one common use fire pit at each of the following locations: i. In lawn area immediately south of the main office building ii. In the central areas of the tent camp sites iii. In the general area of the Camper Cabins. (2) Existing firepits may remain at campsites on the lower river terrace. (3) Charcoal or gas BBQ grills are allowed at individual camper sites. 5.09 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 Zone 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 containers shall be bear proof. All refuse shall be disposed of at either a municipal or County designated landfill site; 6 i 111111 11111 uiiiii iii .111111111111111111111111111 • 658362 08/20/2004 1137A 81615 P534 M RLSDORF 12 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO (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. All dogs shall be kept on Leash. (6) The owners shall control County listed noxious weeds. (7) A "No Trespassing" sign with a minimum dimension of 24"x 18" shall be placed immediately above the normal high-water line on the north bank of the Colorado River at the west boundary of the Rock Gardens property. "No Trespassing" signs with a minimum dimension of 8"x 10" shall be placed at 50 foot intervals in the west property fence. (8) All camper park guests shall, upon registration, be provided with rules to be observed by camper park guests. Said rules shall included but are not limited to guidelines for noise, quiet hours, refuse handling, interaction with wildlife, use of BBQ grills, restrictions on campfires, guidelines for being good neighbors when walking in the neighborhoods outside of the Rock Gardens site and strict warnings about no trespassing on properties down river from the Rock Gardens property. (9) Weed Management: The owner shall be responsible for maintaining an ongoing weed management program as discussed in the VEGETATION REPORT prepared by Beattie Wildlife Consultant, Inc. and dated June 2004. 5.10 Length of Stay in Camper Park: Occupancy in a Rock Gardens camper park space by any individual shall be limited to no more than one hundred twenty (120) days per year. The Length of Stay limitation does not apply to Rock Gardens employee housing or to mobile homes. 7 Esaloc ursa1 70 DETMED M M6 EDWIN • Mot 141445L ' A PSIT'• ; R _ TAINE • N \ 7F7. IY ____DDTIRG.4201,22 uc / * EXISTING CAMPSITES ' TO REMAIN 16 15 14 MET (,1r.) PEPOWATM mown f DO 4t4DE '` 0 / / // % % 0 1.0mT ! • • �f�Z9i Ati EIC" 30n r 5533..4 X351 ",7 1 / ' r EX31 ;4? 4,1 x /* /\f' 1 ( 1 teir,: 9/, / Q • / WAGES ,-4 we PM 070 O num AA..Du ore AA700 Dmon SPACE ODE 17 1111111111111111111111111111111111111111111111111111111 658362 08/20/2004 11:378 B1615 P537 M RLSDORF 15 of 16 R 0.00 D 0.00 GRRFIELD COUNTY CO • 1 4 1111111 11111 1111111111 IIIII1111111111111111111111111111 658362 08/20/2004 11:378 B1615 P536 M ALSDORF 14 of 16 R 0.00 D 0.00 GARFIELD COUNTY CO O Nc