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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 7I I 10 11 12 13 14 15 16 17 18 19 20 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 I I ll lllrrlllF llilt U llJlf'lthl I Receotlon$ i 923775 'f '"?'' I,HLZ P3 ¿? 3¿ ? å,0 ü. "' Ê :!, ã ¡,Iil ¡ ¡httil llU'lrlrt}r ll llI lBE"åEFrrr.o couNrY co STATE OF COLORADO ) )ss 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. 1 l{ llll l#rr l'll l{# Hl { ll'f rilll{'!ilïr¡jfi tl¡f ,fi #llür Id t¡ ll IReceptÍon$: 923775 øAlø812ø19 08:55r81 Ê11 Jean Alberlco2 of I R6c Fee:$O,ØØ Doc FeÉ:ø.øø GARFIELD GOUNTY C0 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 llll ilrrf Hi{il H{{ l!}tltì ¡'Hff I [',Ilrl'l ilù ltlfJ'h'] ¡l ll I Receptlon# i 92,3775 ø81ød!2ø19 08:5Ë:5.l AM Jsân RlþErlcot of 6 Rec Fee¡$Ø.0Ø Doc Fêê:ø.øø GÊRFIELD COUNTY C0 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. 3 tlll t¡rrf,ItHil HIf l{+[ReceptlonË i 92377ljøAlø€it2ø19 Ø8r65:51 AM4 ol 5 Reo Fae:gØ,@Ø Doc ¡ll,l¡1,'ITHi¡'lllI lilll¡ll,td Il il I Jean Fllberico Feø:Ø.@@ CFRFIELD COUNTY C0 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. 4 ?i?Tí,',##l-+,#,t{!iiiliH,T'i::,I¡súrrrr 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 I lil l{l rr IllE# llll{.1 h i lfil tH l¡l4l¡ h ï¡ lL i! hJil,h,l t I I I IReceptlon$: 9.23773 Eelø€,!2ø19 EEr55:ı1 Êltl Jêan Albêr¡co6 of 6 Rêa Fea:$Ø.ØØ Doc Fae¡ø.øø.GnñFIELD COUNTY CO 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