HomeMy WebLinkAbout1.0 Staff Memo & ExhibitsExtension Request
Public Meeting
4J LLC - Campground
August 3,2020
Exhibit #Exhibit Description
1 Garfield Cou Land Use and Devel ment Code as amended
2 Garfield Coun Com rehensive Plan of 2030
3 Staff Memo
4 Extension
5 n of Timeline Provided licant
6 Resolution No.2019-43
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OCC August 3, 2020
PW
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
PROJEGT ¡NFORMATION
Extension - 4J LLC CamPground
4J LLC
Simon Longacre
Northwest of the Town of New Castle
2101 County Road 245
I. BACKGROUND
The Board of County Commissioners conditionally approved a request for a Land Use
Change Permit for a 10-site campground on an approximately 3-acre portion of a larger
2g-acie property. The application was approved during a public hearing on July 22,2019
via Resolution 201 9-43.
The application was approved with 20 conditions, 7 of which were required to be
completed before the issuance of the Land Use Change Permit. At this time the applicant
has not completed the necessary Conditions of Approval that are required to issue the
Land Use Change Permit.
The applicant submitted an email to Staff requesting an extension on Monday July 20,
2O2O prior to the expiration of the conditional approval. The applicant has indicated that
they anticipate the Conditions of Approval being completed within 1-2 years as the
repiesentative would like to purchase the property prior to moving forward with the
Campground.
II. AUTHORITY
The Board has the authority to g'rant extensions pursuant to Section 4-101 l. of the LUDC,
which states:
l. Extension of Conditional Approval'
tt is the Applicant's responsibitity to timely satisfy any conditions of approval. Prior to the
expiration of a conditional approval, however, the Applicant may request an extension of
the expiration date as follows:
1. Supporting Documentation. Application shallbe made to the decision maker
that issued the originat approval and shall include a written explanation of
the reasons why the conditions have not been met and the estimated
timeframe in which the conditions will be met or completed.
2 First Extension.
a. Extensions of 1 year may be granted for all conditional Land Use
Change approvals, and Subdivision or Conseruation Subdivision
Preliminary Plan apProvals.
b. Exemptions and Final PIat approvals may be extended by a period
of 90 days.
Additional Extensions. Requesfs for longer periods of time, or additionaltime
extensions following the first extension, shall be made to the decision maker
that issued the original approval, prior to the expiration of the current
approval.
New Application Required. lf an Applicant fails to timely request an
extension as sef forth in section 4-101.1., the approval will be void and the
Applicant must submit a new application for the desired Land Use Change
or division of land approval notwithstanding the foregoing, the BOCC may
grant an extension of an otherwise expired approval upon a finding by the
BOCC that the failure to file for an extension was due to extenuating
circumstances and that it benefits the public interest to grant the extension.
3.
4.
IV. STAFF REC DATION
Staff recommends that the Board approve the request for an extension of time for one year
to complete Conditions of Approval. This action would extend the approval through July
22,2021.
2
Patrick Waller
From:
Sent:
To:
Subject:
Simon Longacre <simon@longacreequine.com >
Monday, July 20,2020 10:24 AM
Patrick Waller
lExternal] Longacre Equine Campground Extention
Dear Patrick,
I would like to request an extension for the Land Use Change Permit for approval of a campground at2L0t CR 245. The
equine business has been moving forward as planned and the establishment of our client base has taken the current
priority. We are still very interested in keeping the campground available as a viable option in our business plans moving
forward. Thank you very much for your consideration.
Simon Longacre
Owner/ Operator
987-4294
1
Patrick Waller
From:
Sent:
To:
Subiect:
Follow Up FIag:
Flag Status:
Simon Longacre <simon@longacreequine.com >
Monday, July 27,2020 9:43 AM
Patrick Waller
Re: lExternal] Extension follow-up
Follow up
Completed
Patrick,
purchase of the property will be a prerequisite for moving forward, so realistically it will be 1-2 years
What does the process of electronically attending look like?
Thanks
Simon Longacre
Owner/ Operator
987-4294
On Thu, Jul 23, 2O2O at3:14 PM Patrick Waller <pwaller@garfield-countv.com> wrote:
HiSimon,
I am preparing the Memo for the extension request. The Land Use Code does ask you to identify an estimated time
frame in which conditions of approval will be met. Do you have an idea on your all's timeline?
Patrick Waller, AICP
Senior Planner
1
Garfield County
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STATE OF COLORADO )
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County of Garfield )
At a regular meeting of the Board of County Commissionerg for Garfield County,
Colorado, held in the Commissioners'Meeting Room, Garfield County Adminishation Building
in Glenwood Springs on Monday,the22"d day of July z}Lg,there were present:
fnhn l\¡fartin Commissioner Chairman
Commissioner
Commissioner
County Attomey
Assistant County Attorney
Clerk of the Board
County Manager
T^*i lllilli
Ifa'lk¡ l-ar¡e
when the foilowing proceedings, rìmong others were had and done, to-wit:
RESoLUTIoNNo. îÐP .+A
A RESOLUTION OF APPROVAL FORA LAND USE CHANGE PERMIT F'OR A
cAMpcRouND (MrpA-03-19-8716), ON Al{ APPROXIMATELY 3 ACRE PORTION
oF A LARGER2O ACRE PROPERTY O\ilNED BY 4J LLC, LOCATEIT AT 2101
COUNTY ROAD 245 NORTHWEST OF TTIE TOWN O['NE\il CASTLE IN SECTION
25 TOWNSHIP 5 SOUTH, RANGE 9r }VEST OX'.THE 6rH PRINCIPAL MERIDIAN,
GART'IELD COI]NTY
PARCEL NO# 2 I 2 s-5 2A-00-t 04
Recitals
A. The Board of County Commissioners of Garfreld County, Colorado,'oBoard" received
a request for a Land Use Change Permit to allow a Campground.
B. The Campgrorurd, is located on an approximately 3 acre portion of a20 acre parcel of
land owned by 4J LLC.
C. The subjectproperty is located withinunincorporated Garlield County inthe Rural zone
district northwest of the Town of New Castle at 2101 County Road 245 and is accessed via a
private road.
D. A Campground may be permitted in the Rwal zone district \4¡ith a Major Impact Review.
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E. The Board is authorized to approve, deny or approve with conditions a Major Impact
application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County
Land Use and Development Code, as amended.
F. The Planning Commission of Garfield County opened and closed a public hearing on
the 12th day of June, 2019 for consideration of whether the proposed Land Use Change Permit
should be recommended for approval or denial, during which hearing the public and interested
persons were given the opportunity to express their opinions regarding the request. At this hearing,
the Planning Commission voted 6-0 to rçcommend that the Board of County Commissioners
approve the Land Use Change Permit with conditions.
G. The Board of County Commissioners opened a public hearing on the 22"d day of July,
2019 for consideration of whether the proposed Land Use Change Permit should be granted or
denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request.
H. The Board of County Commissioners closed the public hearing on the 22"ð day of July
2079 to make a final decision.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the foliowing determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board
of County Commi ssioners.
2. The 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 reasons stated herein, the proposed Land Use Change Permit for the 4J
LLC Campground is in the best interest of the health, safety, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended"
5. That rvith the adoption of the Conditions of Approval and a Waiver from Sections 7-
105 and 7-905,the application has adequately met the requirements of the Garlield
County Land Use and Development Code, as amended.
2
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RESOLUTION
NO\ry THEREFORE, BE IT RESOLVED by the Board of County Commissioners of GarJield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit for a Campground, is hereby approved subject to compliance
with the following conditions:
Conditions Prior to fssuance of Land Use Change Permit
1) Prior to the issuance of the Land Use Change Permit, the applicant shall obtain a Floodpiain
Development Permit for the proposed campground.
a) The applicant shall demınsirate that the proposed toilet location is outside the 100-year
floodplain.
2) Prior to the issuance of the Land Use Change Permit, the applicant shall address the following
items from Colorado River Fire Rescue's (CRFR) review:
a) The Applicant shall provide an Engineered Road Section Design for the new road to show
that it will support the weight of fîre apparatus and be an ali weather driving surface.
b) The applicant shall update the site plan with an additional l0' by 50' pull out as required
by the Fire Department.
c) A fire extinguisher location plan shall be reviewed and approved by CRIR. Fire
Extinguishers shall be required to be in place during the operation of the facility.
d) An emergency plan for high-water and flooding shall be reviewed and approved by CRFR.
e) The new road shall be installed, reviewed, and accepted by CRFR.
3) Prior to the issuance of the Land Use Change Permit, the applicant shall provide a water quality
test that addresses the contaminants identified Ìn Section 4-203(MXIXbXSXc) of the Land Use
and Development Code. If a tested contaminant is out of compliance with the Maximum
Contaminant Levels as set f'orth by the CDPHE within the Colorado Primary Drinking Vy'ater
Standards, the applicant shall provide a letter from a qualified professional detailing how the
water quality can be brought into compliance and complete any upgrades or treatments as
required.
4) Prior to the issuance of the Land Use Change Permit, the applicant shall submit a pump test
that meets the standards in Section 4-203(MXlXbX5Xa). A statement from a qualified
professional shall be submitted to Community Development that states the well will be
adequate to supply water for existing and proposed uses. If the pump test does not meet
requirements, additional engineering may be required and any upgrades will need to be
installed.
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5) Prior to the issuance of the Land Use Change Permit, the applicant shall be required to
demonstrate compliance with the Garfield County Environmèntal Health referral comment
regarding the requirement that cornmon-use water faucets are located not more than 150 feet
from any campsite. The applicant shall supply a plan to demonstrate compliance with this
requirement and bb required to install improvements prior to the issuance of the Land Use
Change Permit. Proposed improvements shall be reviewed and accepted by the Garfield
County Designated Engineer, Community Development, and Environmental Health.
6) Prior to the issuance of the Land Use Change Permit, the applicant shall add¡ess the comments
from the Garfield County Designated Engineer as follows:
a) The applicant shall provide updated engineering that shows the proposed road does not
exceed 12% slope.
b) The applicant shall provide a plan for trash services and dumpster locations acceptable to
Garfield County.
c) The applicant shall update the site plan to show the lower roadway as 16 feet in width.
d) The applicant shall verify that the Professional Engineer preparing the documents is
licensed from the State of Colorado or demonstrate approval of the documents from an
Engineer licensed in the State.
e) The applicant shall address identified grading and drainage issues to the satisfaction of the
Garfield County Designated Engineer. A qualifi.ed professional may be required.
Ð The applicant shall provide an updated roadway plan acceptable to the Garfield County
designated engineer that decreases the slope within the main turn around
7) Prior to the issuance of the Land Use Change Permit, the appiicant shall upgrade the
intersection of the driveway with the County Road to meet Road and Bridge requirements and
obtain a Driveway Permit.
Operational Conditions of Approval
8) AII representations made by the Applicant in the application and during the public hearing
shall be conditions of approval, unless specifrcally altered by the Board of County
Commissioners.
9) The operation ofthe campground shall be done in accordance with all applicable Federal, State,
and local regulations goveming the operation of this type of facility.
10) The applicant shall abide by the following requirements from the local fire department:
a) Prior to operation of the facility, an individual address shall be assigned and posted at both
the County Road intersection and each intersection on the ranch that crosses another road.
b) Campsite numbers shall be clearly posted.
c) Campfires on the property shall meet Colorado River Fire Rescue requirements and shall
be in fire pits only.
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11) The applicant shall abide by the following requirements from Colorado Parks and Wildlife:
a) Dogs and other pets shall be leashed and in control at all times.
b) Campsite use¡s shall refrain from creating unnecessary social trails throughout the riparian
habitat.
c) Noxious weeds shall be controlled on the site.
12) Any future work in Elk Creek shall be required to obtain applicable permits.
l3) Improvements shall be made consistent with the updated site plan and engineering documents.
14)Any connection to electrical services in the future shall meet Garfield County and utility
requirements,
15) Operation of the campground is permitted between May ltt and October 3ltt. Quiet hour! on
the property shall be between l0 P.M. and 6 A.M.
16) The campground shall meet Garfield County Land Use and Development Code requirements
for lighting.
17) Portable toilets shali be in place during the operation of the facility. Toilets shall be removed
when the site is not operational.
18) Onsite management of the campground is required. This shall include a minimum of two staff
checks of the facility per day to ensure visitors are operating in compliance with applicable
campground requirements. The câmpground manager's phone number shall be posted in a
visible location at the campground.
19) The proposed use shall comply with applicable water body setbacks.
20) The campground shall be limited to l0 camp sites as indicated in the general description of the
application and extended visitor stays for longer than two weeks shall not be permitted.
Dated this ê,)day of A.D. 20
ATTEST:GARFIELD BOARD OF
GARFIELD
o
5
SEAI
of the
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Upon motion duly made and seconded the foregoing Resolution \¡/as adopted by the
following vote:
I-T-IATP TNIIN F r\lf
^PTT'NT
TOM
STATE OF COLORADO
County of Garfield
County, at Glenwood Springs, this
-
day of
-,
A'D' 20-'
County Clerk and ex-ofiîcio Clerk of the Board of County Commissioners
Aye
Aye
Aye
)
)ss
)
I, - , County Clerk and ex-offtcio Clerk of the Boa¡d of
County C and State aforesaid, do hereby certifl that the
u*"*åd and foregoing Resolution is truly copied from the Records of the Proceeding ofthe Board
of County Commissioners for said Garfield County, now in my office.
IN IVITNESS WI{EREOF, I have hereunto set my hand and affrxed the seal of said
6