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HomeMy WebLinkAboutResolution 2005-23.pdfi iiiiii mii nuiii iiii iui iinii iiuii iii iiui 1111 uii 668721 02/16/2005 10:33A B1663 P190 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 17th day of January, 2005, 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 00 5— 2 3 A RESORT ALLOWING THE SPECIFIC SEASONAL AND OVENIGHT USES OF HUNTING, FISHING, CAMPING, AND TEMPORARY DAILY USES FOR WEDDINGS, FAMILY REUNIONS, FAMILY GATHERINGS, VACATION VISITORS, CORPORATE RETREATS, AND COMPANY PICNICS WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Jolley - Potter Ranches, LLC for a SUP to allow for a Resort designation at the 175 acre site on a tract of land located at County Road CR 252 and also located in the SW'/ of the NW'/ and in the NW'/ of the SW'/ of Section 1 and in the SE% of the NE'/ and in the NE'/ of the SE'/ of Section 2, Township 3 South, Range 94 West, of the 6th Principle Meridian in north - central Garfield County WHEREAS, the subject property is located in the A /R/RD Agricultural /Residential/ Rural Density zone district which contemplates a "Resort" as a SUP within that district; WHEREAS, Jolley - Potter Ranches, LLC specifically request approval for a Resort to include the uses and activities as specified in the conditions of approval found in this resolution; and WHEREAS, the Board held a public hearing on the 17th day of January, 2005, 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 11111 11111 1111111 1111 1111 111111 111 1111 668721 02/16/2005 10:331A B1663 P191 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 Sections 2.02.448, 3.02.03, 5.03 and 9.03 of the Garfield County Zoning Resolution of 1978, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that 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, unless specifically altered by the BOCC. 2. The Applicant shall submit a new Special Use Permit application if in the future any new improvements are desired as part of a resort designation which are not specifically identified in this application, agreed upon at the public hearing or cited in this report. 3. The Applicant shall obtain all building and septic permits and inspections and certificates of occupancy consistent with the adopted rules and regulations of Garfield County for all new development within the resort area as identified in this report. 4. The installation of all required ISDS upgrades or replacements shall comply with the Colorado Depaitnient of Public Health and Environment (CDPHE) ISDS standards. 5. Certain activities associated with the resort which that take place on Bureau of Land Management Lands shall comply with all rules and regulations applicable thereto. 6. All outfitter operations shall maintain a full license, bond and insurance status, as well all other access permits as required by the State of Colorado, the Bureau of Land Management for the life of the Special Use Permit. 2 Jolley Potter Ranches LLC Resort — SUP 2/14/05 11111 11111 1111111 1111 1111 111111 11111 11111 1111 1111 668721 02/16/2005 10:33A 81663 P192 M RLSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 7. The Applicant shall obtain a fire protection plan from the Rifle Fire Protection District which shall include wildfire mitigation, occupant evacuation and which also describes adequate fire fighting infrastructure for crews that respond to fire calls. This plan shall then be submitted, with an approval from the District, to the Garfield County Building and Planning Department prior to issuance of the Special Use Permit. 8. The Applicant shall be limited to the use of no more than the eight (8) dwelling units as listed in the application including any employee or caretaker housing and all other associated non - habitable structures listed in the application and as cited in this report for a total of fourteen (14) structures for the resort. 9. There shall be no more than thirty -four (34) overnight guests allowed at any one time and no more than 250 persons engaged with one -time day (non - overnight) gatherings on any one day. 10. To the extent of the law as required, if alcohol is to be served in connection with the use, the Applicant shall apply for and receive and maintain licensing for alcohol service from the appropriate entity for the duration of the Special Use Permit. 11. The Applicant shall continue to comply with licensing requirements for the commercial kitchen with the State Department of Health, Consumer Protection Division. 12. No new open hearth solid -fuel fireplaces will be allowed anywhere within the resort designated area. One (1) new solid -fuel burning stove as defied by C.R.S. 25 -7 -401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 13. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of designated cabin sites, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 14. The Average Monthly Trips (AMT) shall not exceed a monthly total of 200 vehicles. 3 Jolley Potter Ranches LLC Resort — SUP 2/14/05 1 111111 11111 1111111 1111 1111 111111 111111 111 Hill 1111 1111 668721 02/16/2005 10:33A B1663 P193 M ALSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 1 4th day of February , A.D. 2005. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY,(] ORADO CI= of the Board 1ation duly made and seconded the fore :lg vote: John Martin Larry McCown Tresi Houpt STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 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. 2005 County Clerk and ex- officio Clerk of the Board of County Commissioners 4 Jolley Potter Ranches LLC Resort — SUP 2/14/05