Property Is 160 Acres in Section 28, T11 R74 Addressed As 3600 Summit Rd., Hartsel. the Applicant Is Requesting to Rezone the Land from Residential to Agricultural

PARK COUNTY BOARD OF ADJUSTMENT AND PLANNING COMMISSION 856 Castello Ave. March 10, 2020 at 9:00 AM

BOARD OF ADJUSTMENT - CANCELLED, 19SET-03 WITHDRAWN

PLANNING COMMISSION

.1. APPROVAL OF AGENDA

.2. APPROVAL OF MINUTES FROM JANUARY 14, 2020

.3. LAND USE PUBLIC HEARINGS

.3.1. REZONING CASE #20ZON-01

Property is 160 acres in Section 28, T11 R74 addressed as 3600 Summit Rd., Hartsel. The applicant is requesting to rezone the land from Residential to Agricultural.

APPLICANT: Edward Rautenkranz

Documents:

20ZON-01 PC Staff Report and Att..pdf Referral Responses.pdf 20ZON-01 Application.pdf

.3.2. CONDITIONAL USE PERMIT CASE #20CUP-01

Property is 0.86 of an acre in Section 8, T12 R75 addressed as 12855 Hwy. 24, Hartsel. The applicant is requesting a Conditional Use Permit for an Emergency Services Facility.

APPLICANT: South Park Ambulance District

Documents:

20CUP-01 PC Staff Report and Att..pdf Referral Responses.pdf 20CUP-01 Application.pdf

.3.3. AMENDMENT TO CONDITIONAL USE PERMIT, CASE #20CUP-02

Property is a 35.72-acre parcel located in Section 9, Township 10S, Range 73W, addressed as 20859 County Road 77. Applicant is requesting approval for an amendment to the Site Plan for their Conditional Use Permit for a Conference and Retreat Facility and Commercial Campground.

APPLICANT: Lily Fernandez

Documents:

20CUP-02 PC Staff Report.pdf Referral Responses.pdf 20CUP-02 Application.pdf

.4. DISCUSSION REGARDING POTENTIAL CHANGES TO ARTICLES IV AND V OF THE PARK COUNTY LAND USE REGULATIONS

.5. PUBLIC COMMENT

Further information can be obtained at Park County Planning Department: 856 Castello Ave., P.O. Box 1598, Fairplay, CO. 80440 (719) 836-4292 www.parkco.us PARK COUNTY BOARD OF ADJUSTMENT AND PLANNING COMMISSION 856 Castello Ave. March 10, 2020 at 9:00 AM

BOARD OF ADJUSTMENT - CANCELLED, 19SET-03 WITHDRAWN

PLANNING COMMISSION

.1. APPROVAL OF AGENDA

.2. APPROVAL OF MINUTES FROM JANUARY 14, 2020

.3. LAND USE PUBLIC HEARINGS

.3.1. REZONING CASE #20ZON-01

Property is 160 acres in Section 28, T11 R74 addressed as 3600 Summit Rd., Hartsel. The applicant is requesting to rezone the land from Residential to Agricultural.

APPLICANT: Edward Rautenkranz

Documents:

20ZON-01 PC Staff Report and Att..pdf Referral Responses.pdf 20ZON-01 Application.pdf

.3.2. CONDITIONAL USE PERMIT CASE #20CUP-01

Property is 0.86 of an acre in Section 8, T12 R75 addressed as 12855 Hwy. 24, Hartsel. The applicant is requesting a Conditional Use Permit for an Emergency Services Facility.

APPLICANT: South Park Ambulance District

Documents:

20CUP-01 PC Staff Report and Att..pdf Referral Responses.pdf 20CUP-01 Application.pdf

.3.3. AMENDMENT TO CONDITIONAL USE PERMIT, CASE #20CUP-02

APPLICANT: Lily Fernandez

Documents:

20CUP-02 PC Staff Report.pdf Referral Responses.pdf 20CUP-02 Application.pdf

.4. DISCUSSION REGARDING POTENTIAL CHANGES TO ARTICLES IV AND V OF THE PARK COUNTY LAND USE REGULATIONS

.5. PUBLIC COMMENT

Further information can be obtained at Park County Planning Department: 856 Castello Ave., P.O. Box 1598, Fairplay, CO. 80440 (719) 836-4292 www.parkco.us

PARK COUNTY PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT

Planning Commission Hearing Date: March 10, 2020

To: Planning Commissioners

Date: February 25, 2020

Prepared by: John Deagan, AICP; Planner

Case Number: 20ZON-01

Subject: Rautenkranz Rezoning

Request: The applicant is requesting a rezoning from Residential to Agricultural.

Application Summary:

Applicant: Edward Rautenkranz Owner: Rautenkranz Family Trust Location: The NE ¼ Section 28 Township 11 Range 74, addressed as 3600 Summit Road, Hartsel. Current Zone District: Residential Surrounding Zoning: Residential, Conservation/Recreation, and Agricultural - a zoning map is included as Attachment 1. Lot Size: 160 acres Proposed Zoning: Agricultural

Background:

The subject lot is surrounded by Bureau of Land Management property and filings of South Park Ranches that were platted between December 1971 and May 1972. It was zoned Agricultural when Park County first adopted zoning in 1975 and rezoned to Residential at some time between 1975 and 1998. The current owner wishes to rezone to Agricultural as this is more in accordance with the intended use of the lot.

Land Use Regulations and Strategic Master Plan:

Each of the standards for approval of a Zoning Map Amendment (LUR Section 5-202) is addressed below.

PC Staff Report 20ZON-01 (Rautenkranz) Page 1 of 3 March 10, 2020 Hearing A. In considering any petition for amendment of the Official Zoning Map, the following standard shall govern. The applicant for the proposed amendment shall bear the burden of proof and the resolution approving the zoning map amendment shall be approved and adopted only if it is demonstrated by clear and convincing evidence presented during the public hearing that the following conditions or circumstances exist:

1. The property possesses the geological, physical, and other environmental conditions that are compatible with the potential uses permitted in the proposed zone district; and The property’s geological, physical, and other environmental conditions are compatible with the potential permitted uses in the Agricultural Zone District. It does not contain any mapped geologic hazards or other environmental constraints.

2. The property has a reasonably certain right of permanent legal access permitting vehicular ingress and egress from the property to the public thoroughfare; and The property has frontage along several public rights-of-way.

3. Access to the property from the public thoroughfare reasonably meets County street, road, or driveway standards or, if the property is undeveloped, such access will be established prior to issuance of a building permit; and Built access to the lot will have to meet County driveway standards.

4. The potential uses of the property within the proposed zone district are compatible with other properties within the immediately surrounding area; and Adjacent land uses by tax assessment category are vacant (19 lots), agricultural (4 lots) and residential (1 lot).

5. At least one of the following: a. The rezoning, as proposed, is consistent with the advisory provisions of the Park County Strategic Master Plan; or The rezoning is not inconsistent with the advisory provisions of the Park County Strategic Master Plan.

b. The rezoning, as proposed, is supported by circumstances and conditions within the immediate area which have changed since the adoption of the Park County Strategic Master Plan; or Not Applicable.

c. The rezoning, as proposed, is to a Planned Unit Development. Not Applicable.

PC Staff Report 20ZON-01 (Rautenkranz) Page 2 of 3 March 10, 2020 Hearing

Impact Analysis:

No adverse impacts are anticipated.

Recommendation:

Based on the foregoing, staff recommends that the Rezoning be approved with no conditions.

PC Staff Report 20ZON-01 (Rautenkranz) Page 3 of 3 March 10, 2020 Hearing Zoning Map Att. 1 Delta St. San San Miguel St.

Hwy. 24

Zone Districts Agricultural Conservation/Recreation Residential

0 0.5 1 2 Miles

´ Park County Planning Department Park County Planning Department P.O. Box 1598 Fairplay, Colorado 80440

Phone: (719) 836-4254 ● E-mail address: [email protected]

Referral Response

Comment Deadline Date: March 9th, 2020_ Submitted Date: Jan. 22nd, 2020 Case #: 20ZON-01 Case Name: Rautenkranz Rezoning

Request: The applicant is requesting to rezone a 160 acre lot from the Residential zone district to the Agricultural zone district.

Location/Legal Description: The Northeast Quarter of Section 28, T11 R74, addressed as 3600 Summit Road, Hartsel.

Date of Planning Commission Hearing: Tuesday, March 10th, 2020

Date of BOCC Hearing: To be determined

_X______We have reviewed this referral and find no conflicts with our interests.

______A formal recommendation is under consideration and will be submitted to you prior to ______.

______Please refer to the attached letter.

______We offer the following comments regarding this referral:

______

Signed: _Amy Mitchell______

Title: ___ABE Chair/Secretary______

Date:__February 18, 2020______Park County Planning Department P.O. Box 1598 Fairplay, Colorado 80440

Phone: (719) 836-4254 ● E-mail address: [email protected]

Referral Response

Comment Deadline Date: March 9th, 2020_ Submitted Date: Jan. 22nd, 2020 Case #: 20ZON-01 Case Name: Rautenkranz Rezoning

Request: The applicant is requesting to rezone a 160 acre lot from the Residential zone district to the Agricultural zone district.

Location/Legal Description: The Northeast Quarter of Section 28, T11 R74, addressed as 3600 Summit Road, Hartsel.

Date of Planning Commission Hearing: Tuesday, March 10th, 2020

Date of BOCC Hearing: To be determined

___X____ We have reviewed this referral and find no conflicts with our interests.

______A formal recommendation is under consideration and will be submitted to you prior to ______.

______Please refer to the attached letter.

______We offer the following comments regarding this referral:

______

Signed: ____Jon Grams______

Title: ______Preservationist II, Park County______

Date:____1/23/2020______

StatementOfTaxesDue

Account Number R0007790 Parcel 7790 Assessed To RAUTENKRANZ FAMILY TRUST PO BOX 86 HARTSEL, CO 80449-0086 Legal Description Situs Address T11 R74 S28 NE4 NE4 28-11-74 3600 SUMMIT RD HARTSEL 80449 Year Tax Interest Fees Payments Balance Tax Charge 2019 $38.86 $0.00 $0.00 $0.00 $38.86 Total Tax Charge $38.86 Grand Total Due as of 01/15/2020 $38.86

Tax Billed at 2019 Rates for Tax Area 0014A - Hartsel Fire - Agr Authority Mill Levy Amount Values Actual Assessed HARTSEL FIRE 7.4490000 $5.14 GRAZING LAND - AG $2,395 $690 PARK COUNTY 19.1713000* $13.22 Total $2,395 $690 PARK COUNTY ROAD & BRIDGE F 0.8576000 $0.59 SCHOOL DISTRICT RE-2 14.6180000 $10.09 SCHOOL DISTRICT RE-2 BOND 3.5870000 $2.48 UPPER SOUTH PLATTE WATER 0.1280000* $0.09 SOUTH PARK AMBULANCE 9.5000000 $6.56 CENTER OF COLO WTR CON DIST 1.0000000 $0.69 Taxes Billed 2019 56.3109000 $38.86 * Credit Levy

AMOUNTS SHOWN ARE CORRECT AT THE TIME OF PRINTING. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER AUGUST 1. TAX LIEN PAYMENTS: 1. MUST BE PAID BY CASH, CASHIERS CHECK, MONEY ORDER OR ONLINE AT WWW.PARKCO.US/TREASURER. 2. PLEASE PUT "ATTN:TAX LIEN" ON THE OUTSIDE OF THE ENVELOPE. 3. MUST BE RECEIVED IN THE OFFICE BY THE ABOVE DUE DATE. POSTMARKS NOT ACCEPTED. 4. PAYMENTS WILL ONLY BE ACCEPTED FROM THE OWNER, HIS AGENT OR ANY OTHER PERSON HAVING A LEGAL OR EQUITABLE CLAIM AGAINST THE PROPERTY PER STATUTE CRS 39-12-103

Park County Treasurer P.O. Box 638, Fairplay CO 80440 (719)-836-4334

st Owners of Lots Adjacent to Tax Parcel 7790, January 21 2020

BUREAU OF LAND MANAGEMENT COLORADO STATE OFFICE 2850 YOUNGFIELD ST LAKEWOOD, CO 80215

LANE RYAN T 1506 DEER POINTE DR SOUTH ELGIN, IL 60177-1325

DODRILL TRAVIS PO BOX 721 HARTSEL, CO 80449

ELLINGSON DUANE D P.O. BOX 16181 TWO RIVERS, AK 99716

PETROCINE ERNIE P.O. BOX 3372 ESTES PARK, CO 80517

HEBERT MICHAEL 1440 W GUM AVE EUNICE, LA 70535

CUBARRUBIA NIEVES LIVING TRUST 23472 WOODVIEW DRIVE NORTH OLMSTED, OH 44070

ESSETT MICHAEL D 1841 KESSLER BLVD W DR INDIANAPOLIS, IN 46228

Page 1 of 3

REEVES CYNTHIA 9400 E PALM TREE DR TUCSON, AZ 85710-7439

BORKOWSKI GARY A 8220 WEBSTER ST ARVADA, CO 80003-1628

RAUTENKRANZ CATHERINE GRACE 7440 S BLACKHAWK ST BLDG 1 #204 ENGLEWOOD, CO 80112-4322

DMG INVESTMENT TRUST P.O. BOX 543 HENDERSON, CO 80640

MILLER SUESAN A 115 NOBILITY LN MCDONOUGH, GA 30252-5839

SILVEIRA STANLEY J 13 LA FAYETTE IRVINE, CA 92620

RAUTENKRANZ DANIEL DEAN 308 W WALNUT ST BROWNSTOWN, IN 47220-1835

DAUPHIN JASON E P.O. BOX 17825 NATCHEZ, MS 39122

Page 2 of 3

PRUE HERBERT L 40734 N TERRITORY TRL ANTHEM, AZ 85086-1566

AFC LIMITED LLC P.O. BOX 310 LAGUNA BEACH, CA 92652

TALMAGE-BOWERS KENT 625 EUDORA ST DENVER, CO 80220

BROBERG ALLAN E 3117 37TH AVE SW FARGO, ND 58104

WILSON GARY L 2671 230TH AVE DELHI, IA 52223

THIBAULT ROBERT A PO BOX 623 SASKATOON, SK, CANADA S7K 3L6

Page 3 of 3

Aqueduct C.R. 15

Pike San Isabel Village San San Juan St.

Hwy. 24

USGS The National Map: National Boundaries Dataset, 3D Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line Vicinity Map 0 1 2 4 Miles ´ Contour Interval is 250 Feet Park County Planning Department Zoning and Land Uses

Legend Subject Parcel Mesa Rd Zone Districts Chase St Conservation/Recreation Residential

Sophie Dr

Vacant Agricultural Res. Vacant (BLM) Vacant Vacant Agricultural Summit Rd

Vacant Vacant

Clear Creek Rd Agricultural Clear Creek Rd

Vacant Vacant

Larimer Rd Vacant Vacant Vacant Vacant Vacant Vacant Ag. Vacant Ag.

0 0.125 0.25 0.5 Mile ´ Park County Planning Department Current Conditions

Legend Sophie Dr Driveway widths are 11-13', est. grades are <1% # Wells Subject Parcel Summit Rd

Dvwy.

# Dvwy. 3% Slope

3% Slope

Larimer Rd

0 400 800 1,600 Feet ´ Park County Planning Department

PARK COUNTY PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT

Planning Commission Hearing Date: March 10, 2020

To: Planning Commissioners

Date: February 25, 2020

Prepared by: John Deagan, AICP; Planner

Case: 20CUP-01

Subject: South Park Ambulance District Conditional Use Permit

Request: A Conditional Use Permit for an Emergency Services Facility in the Commercial Zone District.

Application Summary:

Applicant/Owner: South Park Ambulance District/Ronald Mullins Location: Lots 7 through 16, Block 12, Hartsel, addressed as 12855 Highway 24. Current Zone District: Commercial Surrounding Zoning: Commercial, Residential, and Agricultural - a Zoning Map is included as Attachment 1. Parcel Size: 0.86 acre Existing Use: Vacant Proposed Use: Emergency Services Facility

Background:

Due to increases in call volume, in May of 2018 the South Park Ambulance District (“district”) held a successful election for a mill levy increase in order to add a third crew on each shift. This crew will be located in a proposed new facility in Hartsel in order to provide faster response times for the southern part of their service area.

The district has engaged in a contract to purchase the lots subject to the application contingent upon approval of this application. If they are successful, they intend to request vacation of the Midland Avenue right-of-way for possible future construction of a helipad, the use of which would be limited to supporting the Emergency Services Facility.

PC Staff Report 20CUP-01 (S.P.A.D.) Page 1 of 3 March 10, 2020 Hearing

Land Use Regulations and Strategic Master Plan: Each of the standards for approval of a Conditional Use Permit (Land Use Regulations Section 5-503) is addressed, as summarized below.

A. The use proposed is an authorized Conditional Use for the zone district in which the property described in the application is located. Emergency Services Facilities are a Conditional Use in the Commercial zone district.

B. The property described in the application for Conditional Use Permit possesses geological, physical, and other environmental conditions that are compatible with the proposed conditional use. The parcel does not contain environmental constraints that would prevent the proposed use. An irrigation ditch within the lot has been abandoned.

D. The property has a reasonably certain right of permanent legal access permitting vehicular access from the property to the public thoroughfare. The property has frontage along Hwy. 24, a public right-of-way. A condition of approval addresses the need for compliance with Colorado Department of Transportation regulations.

E. Access to the property from the public thoroughfare reasonably meets County street, road, or driveway standards or, if the property is undeveloped, such access will be established prior to issuance of a building permit. A driveway meeting County standards will have to be established prior to issuance of any building permits.

F. The proposed Conditional Use is compatible with the uses and zoning for other properties within the neighborhood or immediately surrounding area. Staff does not foresee external effects that are incompatible with adjacent land uses, with the possible exception of noise from ambulance sirens during calls.

G. In making this determination, conflicts with any enforceable covenants, conditions and restrictions of record will be considered. No such restrictions exist.

PC Staff Report 20CUP-01 (S.P.A.D.) Page 2 of 3 March 10, 2020 Hearing

Strategic Master Plan:

This proposal is consistent with the following Strategic Master Plan goals:

Goal 9.4 – Support fire districts’ efforts to provide fire and emergency medical services.

Goal 10.1 – Increase the appeal and economic role of unincorporated towns.

Public Comment

No written public comment regarding the application has been received at the time of writing.

Impact Analysis:

Apart from occasional noise from ambulance sirens during calls, measurable negative impacts are not anticipated.

Recommendation:

Based on the foregoing, staff recommends that this Conditional Use Permit be recommended for approval to the Board of County Commissioners with the following conditions.

1. Prior to issuance of any development permits for the Emergency Services Facility, lots seven through sixteen are consolidated.

2. Prior to the issuance of any development permits for the Emergency Services Facility, the applicant provides Park County Planning staff with a Colorado Department of Transportation access permit adequate for the proposed use.

3. Any revision or expansion of the Emergency Services Facility site plan presented in the application will require review as described in Land Use Regulations Section 5-707.

PC Staff Report 20CUP-01 (S.P.A.D.) Page 3 of 3 March 10, 2020 Hearing CR 439 Attachment 1 Attachment

HWY 24

Elm St Valley Ave Valley

Mariposa Ave Mariposa

CR 59

HWY 9

Zone Districts Agricultural Commercial

Residential USGS The National Map: National Boundaries Dataset, 3D Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line

0 0.125 0.25 0.5 Mile

´ Zoning Map Park County Planning Department Park County Planning Department P.O. Box 1598 Fairplay, Colorado 80440

Phone: (719) 836-4254 ● E-mail address: [email protected]

Referral Response

Comment Deadline Date: March 9th, 2020_ Submitted Date: January 28th, 2020 Case #: 20CUP-01 Case Name: South Park Ambulance District, Hartsel Facility

Request: The applicant is requesting a Conditional Use Permit to allow an Emergency Services Facility in the Commercial zone district.

Location/Legal Description: Hartsel, Block 12, Lots 7 - 16.

Date of Planning Commission Hearing: Tuesday, March 10th, 2020

Date of BOCC Hearing: To be determined

__X_____ We have reviewed this referral and find no conflicts with our interests.

______A formal recommendation is under consideration and will be submitted to you prior to ______.

______Please refer to the attached letter.

______We offer the following comments regarding this referral:

______

Signed: ___Amy Mitchell______

Title: __ABE Chair/Secretary______

Date:___February 18, 2020______Park County Planning Department P.O. Box 1598 Fairplay, Colorado 80440

Phone: (719) 836-4254 ● E-mail address: [email protected]

Referral Response

Comment Deadline Date: March 9th, 2020_ Submitted Date: January 28th, 2020 Case #: 20CUP-01 Case Name: South Park Ambulance District, Hartsel Facility

Request: The applicant is requesting a Conditional Use Permit to allow an Emergency Services Facility in the Commercial zone district.

Location/Legal Description: Hartsel, Block 12, Lots 7 - 16.

Date of Planning Commission Hearing: Tuesday, March 10th, 2020

Date of BOCC Hearing: To be determined

___X___ We have reviewed this referral and find no conflicts with our interests.

______A formal recommendation is under consideration and will be submitted to you prior to ______.

______Please refer to the attached letter.

______We offer the following comments regarding this referral:

______

Signed: ____Jon Grams______

Title: ______Preservationist II, Department of heritage and Tourism______

Date:______2/5/2020______

StatementOfTaxesDue

Account Number R0011096 Parcel 11096 Assessed To MULLINS RONALD W 9065 W ASBURY DR LAKEWOOD, CO 80227 Legal Description Situs Address T12 R75 S08 NE4 HARTSEL BLOCK 12 LOT 07 THRU 15 INC HYW 24 HARTSEL 80449 Year Tax Interest Fees Payments Balance Tax Charge 2019 $149.42 $0.00 $0.00 $0.00 $149.42 Total Tax Charge $149.42 Grand Total Due as of 01/23/2020 $149.42

Tax Billed at 2019 Rates for Tax Area 0014 - Hartsel Fire Authority Mill Levy Amount Values Actual Assessed HARTSEL FIRE 7.4490000 $19.14 RESIDENTIAL $8,866 $2,570 PARK COUNTY 19.1713000* $49.27 VACANT LOTS PARK COUNTY ROAD & BRIDGE F 0.8576000 $2.20 Total $8,866 $2,570 SCHOOL DISTRICT RE-2 14.6180000 $37.57 SCHOOL DISTRICT RE-2 BOND 3.5870000 $9.22 UPPER SOUTH PLATTE WATER 0.1280000* $0.33 SOUTH PARK AMBULANCE 9.5000000 $24.41 CENTER OF COLO WTR CON DIST 1.0000000 $2.57 SOUTH PARK REC DISTRICT 1.8310000 $4.71 Taxes Billed 2019 58.1419000 $149.42 * Credit Levy

Park County Treasurer P.O. Box 638, Fairplay CO 80440 (719)-836-4334 StatementOfTaxesDue

Account Number R0031810 Parcel 31810 Assessed To MULLINS RONALD W 9065 W ASBURY DR LAKEWOOD, CO 80227 Legal Description Situs Address T12 R75 S08 NE4 HARTSEL BLOCK 12 LOT 16 HARTSEL 80449 Year Tax Interest Fees Payments Balance Tax Charge 2019 $41.28 $0.00 $0.00 $0.00 $41.28 Total Tax Charge $41.28 Grand Total Due as of 01/23/2020 $41.28

Tax Billed at 2019 Rates for Tax Area 0014 - Hartsel Fire Authority Mill Levy Amount Values Actual Assessed HARTSEL FIRE 7.4490000 $5.29 RESIDENTIAL $2,440 $710 PARK COUNTY 19.1713000* $13.61 VACANT LOTS PARK COUNTY ROAD & BRIDGE F 0.8576000 $0.61 Total $2,440 $710 SCHOOL DISTRICT RE-2 14.6180000 $10.38 SCHOOL DISTRICT RE-2 BOND 3.5870000 $2.55 UPPER SOUTH PLATTE WATER 0.1280000* $0.09 SOUTH PARK AMBULANCE 9.5000000 $6.74 CENTER OF COLO WTR CON DIST 1.0000000 $0.71 SOUTH PARK REC DISTRICT 1.8310000 $1.30 Taxes Billed 2019 58.1419000 $41.28 * Credit Levy

Park County Treasurer P.O. Box 638, Fairplay CO 80440 (719)-836-4334

Lot Owners Adjacent to 12855 Hwy. 24, Jan. 23rd 2020

HARTSEL FIRE PROTECTION DIST P.O. BOX 100 HARTSEL, CO 80449

GOULD LANCE D P.O. BOX 243 HARTSEL, CO 80449

HARTSEL SPRINGS RANCH OF COLORADO, INC 4255 SOUTH BUCKLEY ROAD #314 AURORA, CO 80013

HEFFELMAN WAYNE R 2287 DOGWOOD CIRCLE ERIE, CO 80516-7943

SOUTH HARTSEL GRAZING ASSOCIATION P.O. BOX 626 HARTSEL, CO 80449

250' - 0" Property Line Setback Line

Generator Location Trash Enclosure

49' 3" - Propane Tank Location

Well Location 61' - 3 1/2" 122' - 7 1/2" 66' - 1" 103' - 9"- 103' 137' - 0"- 137' TOTAL BUILDING SQ FT = 5,500 SQ FT 58' 0" - 46' 0" - 34' 0" -

Leach Field Location

Septic Tank Location 24' 2" -

Edge of Highway 40' 0" - 9 te HWY rado Sta Colo Y 24 U.S. HW

South Park Ambulance District, SPAD - Hartsel Station PROJECT NO: 19716.00

Schematic Design Site Plan ISSUE DATE: 01/27/2020 SD-01 SCALE: 3/64" = 1'-0"

Schematic Design - Front Elevation ISSUE DATE: 01/28/2020 SD-03 SCALE: 1/8" = 1'-0"

Dorm Dorm Dorm Dorm 128 SF 128 SF 128 SF 128 SF

Mech 97 SF Storage 178 SF Hall 329 SF Apparatus Bay 1904 SF

Treatment Restroom Shower Shower Restroom Restroom 171 SF 57 SF 58 SF 58 SF 57 SF 56 SF

Crew Office 130 SF Lobby 317 SF Ready Room 727 SF Kitchen 201 SF

South Park Ambulance District, SPAD - Hartsel Station PROJECT NO: 19716.00

Schematic Design Floor Plan ISSUE DATE: 01/28/2020 SD-02 SCALE: 1/8" = 1'-0"

Hwy. 24 Hartsel C.R. 59

Hwy. 9

USGS The National Map: National Boundaries Dataset, 3D Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line Vicinity Map 0 0.125 0.25 0.5 Mile ´ Contour Interval is 20 Feet Park County Planning Department

PARK COUNTY PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT

Planning Commission Hearing Date: March 10, 2020

To: Planning Commissioners

Date: February 25, 2020

Prepared by: Jennifer Gannon, Planning Technician

Case Number: 20CUP-02

Subject: Bison Peak Resort Amendment to Conditional Use Permit

Request: This request is for approval of an amended Site Plan for a Conditional Use Permit for a Conference and Retreat Facility and Commercial Campground.

Application Summary:

Applicant/Owner: Lily Fernandez/Bison Peak Resort LLC Location: Located in Township 10 Range 73 Section 9, addressed as 20859 County Road 77. Current Zone District: Agricultural Surrounding Zoning: Conservation Recreation (C-R), Agricultural (A), and Agricultural Small Lot (A-35) - a Zoning Map is included as Attachment 1. Lot Size: 36.72 acres Existing Use: Conference and Retreat Center and Commercial Campground Proposed Use: Conference and Retreat Facility and Commercial Campground

Background:

Bison Peak Resort is a 36.72-acre, agriculturally zoned parcel just off County Road 77, approximately four miles south of Tarryall Reservoir. A Vicinity Map and Aerial Site Map are included as Attachments 2 and 3 respectively. Bison Peak Resort, LLC purchased the subject property in January, 2018 with the intention of creating a retreat facility specifically for First Responders and Wounded Warriors. They also intend to open up their facilities to the public for camping and small events, such as weddings and corporate retreats, in order to fund the Wounded Warriors and First Responders programs. A Conditional Use Permit for a Conference and Retreat Facility and

PC Staff Report Bison Peak Resort Conditional Use Permit Page 1 of 5 March 10, 2020 Hearing Commercial Camping was approved in April of 2018 and they began working on improvements almost immediately. In March of this year, the applicant applied for a building permit for the proposed event center and, in the approval process, staff discovered that several substantial changes had been made to the approved site plan, and that all improvements to the property had been done without permits.

Planning staff has worked with Ms. Fernandez in presenting a revised site plan to be approved as an Amendment to the 2018 Conditional Use Permit. The Building and Environmental Health departments are working with her to get all new buildings, improvements to existing buildings, and existing and new septic systems permitted and approved so that she can open a safe and code-compliant facility to the public.

Major changes made to the site plan include (numbers in bold indicate the number assigned to the structure on the revised plan): 1. New event center was moved from the meadow area in the southern part of the property, 1000 feet to the front area where the main lodge and other existing buildings are. Its size decreased from the proposed 3933 square feet to 3168 square feet. (4.1) 2. An existing building was indicated on the original site plan to be used as a maintenance, storage and recreational activities building, and has since been remodeled as two small living units, each with kitchen and bathroom. (2.4) 3. Two latrines were going to be removed. They have decided to keep them and continue use of the one in the meadow (2.5), and completely “remodeling” the one in the front area, so that the building can be used as a Welcome Center (3.3). 4. Teepees have been put up in the meadow in an area that had not previously been designated for camping. This area is now on the revised plan. Geodomes, tiny houses and bubble tents have been added as potential camping structures (3.1). 5. Outdoor shower, solar facility for heating water, and a bathhouse have been added near the existing latrine in the meadow. (3.4.1) 6. Proposed solar/facility support, maintenance and storage structures have been redesigned and relocated. Potential uses have been added. (3.5) 7. The proposed site of the livery stable has changed from the front of the property to the back meadow. 8. Two small existing sheds that were not shown on the original have been identified on the revised plan. (3.9.1) 9. The location of a therapeutic pool has been changed. (4.5) 10. A 625 sq. ft. water storage building has been added to the plan. (4.6)

For illustration, both the original and revised site plans are provided in the application packet.

PC Staff Report Bison Peak Resort Conditional Use Permit Page 2 of 5 March 10, 2020 Hearing Land Use Regulations and Strategic Master Plan for a Conditional Use Permit:

Each of the standards for approval of a Conditional Use Permit (LUR Section 5-503, page 50) is addressed, as summarized below.

A. The use proposed is an authorized Conditional Use for the zone district in which the property described in the application is located. Both a Conference and Retreat Facility and a Commercial Campground are allowed as Conditional Uses in the Agricultural zone district.

B. The property described in the application for Conditional Use Permit possesses geological, physical, and other environmental conditions that are compatible with the proposed conditional use. Second Creek, a tributary to Tarryall Creek, runs through the property, and along with it, a fairly large area of wetlands. The site plan shows the delineated wetland area. All structures are or will be at least 50 feet from the flagged wetland area, per Park County requirements. The already developed part of the property, north of the stream and wetlands, is open meadow and thin trees. The south side of the stream is forested and steep. The Phase 4 camping areas shown on the site plan on the south side are proposed to be on the flatter areas and the applicant plans to place campsites in and among the trees, rather than create a large open area. The original plan was reviewed by Colorado Parks and Wildlife and conditions were placed on the original resolution to ensure potential impacts to wildlife are mitigated. This parcel is up and behind a ridge west of County Road 77 and is surrounded on all other sides by Forest Service land, making a secluded and peaceful area for camping and the types of retreats proposed.

C. The Conditional Use will conform to all applicable requirements of the zone district and these Land Use Regulations and does not create a substantial safety concern for anticipated visitors to the property. The Conference and Retreat Facility and Commercial Campground both conform to all applicable requirements of the Agricultural zone district and the LURs. The applicant is currently working with the Development Services department to ensure that all safety and ADA issues are addressed prior to the property being open to visitors.

D. The property has a reasonably certain right of permanent legal access permitting vehicular access from the property to the public thoroughfare. The entrance to the Ranch is right off County Road 77, a public right-of-way.

E. Access to the property from the public thoroughfare reasonably meets County street, road, or driveway standards or, if the property is undeveloped, such access will be established prior to issuance of a building permit. The driveway has been permitted and approved by Park County.

PC Staff Report Bison Peak Resort Conditional Use Permit Page 3 of 5 March 10, 2020 Hearing

F. The proposed Conditional Use is compatible with the uses and zoning for other properties within the neighborhood or immediately surrounding area. The Broadmoor Fishing Camp, across the road from the subject property, has a CUP for a Guest Ranch and operates in much the same way as a Conference and Retreat Facility, bringing up groups of guests from the Colorado Springs Broadmoor Hotel. The rest of the surrounding property is owned by the Forest Service and in the Conservation-Recreation zone district, with which the proposed use is compatible. With this amendment, no proposed use of the property has been changed, only changes to the site plan have been applied for. . G. In making this determination, conflicts with any enforceable covenants, conditions and restrictions of record will be considered. There are no covenants, conditions or restrictions on this property.

Impact Analysis:

No significant impact is anticipated to schools, parks, storm drainage or utilities. No impact to adjacent properties, or to original uses granted approval in the 2018 CUP, are foreseen with this amendment.

Recommendation:

Based on the foregoing, staff recommends that this Amendment to the Conditional Use Permit be approved with the following conditions:

1. All structures and septic systems, previously existing and/or newly built, must be permitted and approved by the Development Services Department prior to opening this facility for business. 2. Future development on the subject property shall be in general conformity with the Revised Site Plan submitted by the applicant and recorded with the final BOCC Resolution. Any substantial deviations from this document will require another amendment to the Conditional Use Permit. 3. Once the septic systems have been designed and approved, the applicant must provide a revised site plan, showing the actual locations of septic tanks and leach fields, to the Planning Department. 4. Implementation of the noxious weed control plan provided in 2018 must be continued. 5. Pets shall not be allowed to roam free, and fences or kennels will be installed prior to commencement of operations. Dog kennels must have a top enclosure. 6. Feeding of all wildlife, including birds, is prohibited, other than through natural plant life. 7. When landscaping, native vegetation that does not attract wildlife must be used. 8. Fences must be of wildlife friendly design so as not to impair wildlife movements. 9. Barbecue grills must be cleaned and placed in a secure area when not in use. 10. Noise and light must be minimized during night time hours.

PC Staff Report Bison Peak Resort Conditional Use Permit Page 4 of 5 March 10, 2020 Hearing 11. Trash must be in bear resistant containers and kept indoors until the morning of pickup. 12. Any proposed disturbance of the wetlands must obtain a 404 Permit from the US Army Corps of Engineers.

PC Staff Report Bison Peak Resort Conditional Use Permit Page 5 of 5 March 10, 2020 Hearing Attachment 1 Zoning Map

Zone Districts Agricultural Agricultural Small Lot Conservation/Recreation Residential Estate

Subject Property

C O U N T Y R D 7 7 ´

0 600 1,200 2,400 Feet Attachment 2 Vicinity Map

Tarryall Reservoir

C K CO E UN R TY R D G 23

H C OU N TY RD 77

Subject Property

´ Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 3,000 6,000 12,000 Feet Attachment 3 Aerial Site Map

WETLAND TYPES Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond CO UN Riverine TY RD 77

ek Cre ond Sec

´ Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community

0 300 600 1,200 Feet Advisory Board on the Environment Park County Planning Department P.O. Box 1598 Fairplay, Colorado 80440

Phone: (719) 836-4258 ● Fax: 719-836-4268 ● E-mail address: [email protected]

Referral Response

Comment Deadline Date: February 28, 2020 Submitted Date: February 13, 2020 Case #: _20CUP-02 Case Name: Bison Peak Resort CUP Amendment

Request: APPLICANT IS REQUESTING APPROVAL OF AN AMENDMENT TO THE SITE PLAN FOR A CONDITIONAL USE PERMIT FOR A CONFERENCE AND RETREAT FACILITY AND COMMERCIAL CAMPGROUND.

Location/Legal Description: Property is a 35.72-acre parcel located in Section 9, Township 10S, Range 73W, addressed as 20859 County Road 77.

Date of Planning Commission Hearing: Tuesday, March 10, 2020______

Date of BOCC Hearing: Thursday, March 26, 2018____

__X_____ We have reviewed this referral and find that it does comply with our Strategic Master Plan.

______We have reviewed this referral and find that it does not comply with our Strategic Master Plan for the following reasons:

______

______We have reviewed this referral and find no conflicts with our interests.

______A formal recommendation is under consideration and will be submitted to you prior to ______.

______Please refer to the enclosed letter.

______We offer the following comments regarding this referral:

_This project seems quite dense for a 36.72 acre development. ABE is concerned this density noes not negatively impact the water quality of Second Creek. The site plan in the application did not accurately show the location of the septic and leach field to make sue it has the proper setbacks to the wetlands. Since there are not a variance request, we gather the plan meets the wetlands setbacks..

Signed: _Amy Mitchell______Date:___February 18, 2020______

Title: __ABE Chair/Secretary______Park County Environmental Health Department Park County Planning Department P.O. Box 1598 Fairplay, Colorado 80440

Phone: (719) 836-4258 ● Fax: 719-836-4268 ● E-mail address: [email protected]

Referral Response

Comment Deadline Date: February 28, 2020 Submitted Date: February 13, 2020 Case #: _20CUP-02 Case Name: Bison Peak Resort CUP Amendment

Request: APPLICANT IS REQUESTING APPROVAL OF AN AMENDMENT TO THE SITE PLAN FOR A CONDITIONAL USE PERMIT FOR A CONFERENCE AND RETREAT FACILITY AND COMMERCIAL CAMPGROUND.

Location/Legal Description: Property is a 35.72-acre parcel located in Section 9, Township 10S, Range 73W, addressed as 20859 County Road 77.

Date of Planning Commission Hearing: Tuesday, March 10, 2020______

Date of BOCC Hearing: Thursday, March 26, 2018____

____X__ We have reviewed this referral and find that it does comply with our Strategic Master Plan.

______We have reviewed this referral and find that it does not comply with our Strategic Master Plan for the following reasons:

______

______We have reviewed this referral and find no conflicts with our interests.

______A formal recommendation is under consideration and will be submitted to you prior to ______.

______Please refer to the enclosed letter.

____X___ We offer the following comments regarding this referral:

_Once applicant receives revised sanitation design, must amend site plan to show location of the OWTS_

______

Signed: Sarah Dunn Date: February 20, 2020

Title: Environmental Health Code Compliance Specialist

Exhibit 9

Amendment to 18cup-02 Describing the Existing Use and Proposed Conditional Use for Bison Peak Resort and Retreat Center Revised February 21, 2020

General Project Concepts Bison Peak Resort and Retreat Center (Retreat Center) will be a wilderness respite and healing experience for First Responders and Wounded Warriors located along Second Creek in the Puma Hills east of County Road 77, halfway between Lake George and Jefferson Colorado.

The Retreat Center will offer participants an opportunity to interact with colleagues in a small group environment. Participants will participate in wilderness experiences and be introduced to therapeutic approaches in non-clinical environments.

Mirroring the existing Conditional Use Permit, the program will offer activities on the camp grounds as well as include expeditions into recreational and wilderness areas throughout Colorado. No-trace camping, archery and court sports (including Paralympic sports) are among the activities that will b e offered, taught and learned in clinics at the Retreat Center. Tours throughout the region will be offered to guests as well as shuttle services to activities such as fishing, boating and hiking and ATV trails. The philosophy of low-impact use of natural resources will govern activities both on and off the property. We have developed a list of sustainable and green design strategies that we will implement Campsite locations, parking and other added improvements will be adjusted on the site as details are studied to minimize environmental impacts with respect to existing topography, forestation and any other site observations to maintain the natural characteristics.

To fund the Wounded Warriors and First Responder programs, we plan to open the facility to the general public, especially families with kids, in a comfortable and casual environment. The Retreat Center will be marketed as a small, eco-friendly, intimate resort offering high-end camping, quality food and exciting, relaxing activities in the heart of Colorado. The Retreat Center will host individual campers, weddings, corporate retreats, family reunions, church groups, coaching clinics and occasionally special events pursuant to Section 5-707 of the Park County Land Use Regulations. Our focus will be on experiential travel by providing our guests every opportunity to get to know the Tarryall region as well to share the experience with other guests. We hope to offer challenging adventures for those seeking them and a quiet place of respite for others. We envision the Retreat Center to be a year- round destination. Our ultimate goal is for the property to be solely dedicated to programming for the Wounded Warriors and First Responders.

It is our intent to use the main existing structure as a lodge (meeting center). As with the current conditional use permit, the retreat center will have the guests lodging in portable structures such as tents, tipis, yurts, cabins, conostaga wagons etc. Some of the campsites will be set up as small “villages” in groups of 2 or 3 of the same structures to include, but not limited to, geodomes, tiny house and bubble tents. We want to offer to our guests a variety of lodging options so they can experience something new each time. On occasion, guests may also stay in the lodge. The temporary structures may include a queen or king bed, two additional trundle or other beds, night tables, a dresser, lighting/heating elements and a shower, toilet and sink etc. With guidance from the Park County Office of Historic Preservation and the Park County Historic Preservation Advisory Commission we also plan to restore and preserve the “1944” cabin located on the property.

Exhibit 9

Amendment to 18cup-02 Describing the Existing Use and Proposed Conditional Use for Bison Peak Resort and Retreat Center Revised February 21, 2020

Our short-term plan is to remodel the lodge to include refacing the exterior and great room and a larger outdoor deck, as the lodge will be a gathering place for meals and group discussions. The current facilities include an office, commercial kitchen, showers and restrooms, staff quarters, storage areas, and a central building which has meeting space, packing areas, clean-up areas, and housing. It is our intent to purchase tents, small cabins, tipis and other structures for lodging, storage and maintenance. Also in our long-range plan is a barn to house several horses. In the future, an event venue, therapeutic pool, a residence for the owners as well as additional storage areas that will have a western town façade. The western town may also include, but not limited to a mercantile, saloon, jail and others that fit the façade. This structure appears in the original site plan. We are requesting its relocation. As needed, the facilities would be improved and modified throughout time to meet the needs of the program while limiting its impact on the surrounding area. Much like the existing CUP, The Retreat Center will accommodate lodging for about 70-90 guests.

Wetlands Delineation Based on the recommendation from Aaron Eilers, Wetlands Official from the US Army Corp of Engineers, we contracted 285 Engineering, Inc to delineate the wetlands. We then contracted Mark Johannes from CfedS Compass & Surveying to revise the site plan with an accurate delineation of the wetlands. The revised site plan is included in this submission.

Septic Jennifer Migliorato at 285 Engineering, Inc, has been contracted to develop a septic plan. To date she has reviewed the survey information and has determined a location for the soil treatment area (leach field). Ms Migliorato has determined that using 1,999 gallons per day the Retreat Center can have 39 camp spaces in the Phase I area. If we have 2 or 3 people in each camp area we will be able to host 80+ people.

At time of submission, the contractor has dug the test holes and Ms Migliorato is inspecting the site next week. Any septic that is designed will be engineered for 2000 gallons or less of waste.

Water We’ve had several conversations with the Colorado Division of Water Resources’s Water Commissioner Garver Brown. Mr. Brown informed us that since we are on a septic system for the cabins, tipis and constoga wagons etc., we will not need to re-permit the well.

Based on Mr. Garver’s recommendation we will reach out John Mattson at HASP, to start the process of membership for water augmentation. We are now members of HASP.

In the future if we start to use water for domestic animals, hot tubs and/or gardening we understand that we will need to re-permit or even put in a second well with HASP. This year, we will be applying for a new permit.

Fire Protection The property has a creek and a pond. During our meeting with the fire department, it was discussed and 2

Exhibit 9

Amendment to 18cup-02 Describing the Existing Use and Proposed Conditional Use for Bison Peak Resort and Retreat Center Revised February 21, 2020

recommended the installation of dry hydrants in the pond area as well as in and around the cisterns. We also met with a fire-fighter who assessed the property and provided specific recommendations and strategies to mitigate fires in the future. After discussions with the Army Corp of Engineers it was recommended that we should not install dry hydrants since the Army Corp of Engineers controls the water.

Transportation and Parking Vehicles in peak season on County Road 77 impact the area. In an effort to curtail the problem we plan to reduce the number of cars that are on the road and traveling to the Retreat Center by implementing the following strategies: • Transportation for guests will be provided to and from Denver International and Colorado Springs Airports. • Transportation for guests to and from the Retreat Center will be offered at pre-determined pickup/drop off locations and times in the Denver and Colorado Springs areas. • Using electric cars, shuttle service will be provided to the Tarryall Reservoir, Lost Creek Wilderness, fishing and ATV outings for our guests. • A large variety of regional tours which will include transportation will be offered to our guests. Tour areas include but are not limited to Lake George, Jefferson, Fairplay, Como and Alma for our guests to explore and enjoy activities such as hiking, mountain biking, snowshoeing, hot-air ballooning, and fishing etc. • Additionally, we are in the process of formalizing a paid intern program with various universities offering Master level event planning programs. Through these programs students will receive hands-on experience and training in the event management arena. Participating students will be transported to the Retreat Center from the airport or from pre-determined pick-up locations in the Denver and/or Colorado Springs areas. • Bikes will be available for use by our guests and encouraged. This strategy is being implemented. Wildlife Impact • On Saturday, February 25, 2018, Ian Petkash, County Administrator from Colorado Park and Wildlife (CPW), conducted a site visit to the property. Mr. Petkash was most helpful and provided recommendations that we will implement in to avoid conflicts with wildlife. The following is the list of recommendations as well as some of the measures we have already implemented.

Bears • Bear resistant trash containers will be installed. Presently we are researching waste management companies in the area that offer these types of containers as well as options for the installation of an electric fence surrounding the trash containers. Bear resistant trash containers have been installed throughout the campground as well as the large containers from the waste management company we are using.

Exhibit 9

Amendment to 18cup-02 Describing the Existing Use and Proposed Conditional Use for Bison Peak Resort and Retreat Center Revised February 21, 2020

• Flowering plants and bird baths will be used to attract desirable songbirds. However, if we use bird feeders, they will be placed so they are inaccessible to bears, raccoons or skunks and other wildlife species that might cause damage or threaten human safety. This strategy is being implemented.

Guest Education and Awareness • Using information provided in the CPW website and other sources, we will inform and educate our guests in wildlife safety on and off the property. Additionally, we will have signs throughout the property stating that it is dangerous and illegal to feed big game animals including deer, elk, antelope, moose, bear, bighorn sheep and lion. This strategy is being implemented. Pets • Pets will not be allowed to roam free. We have already installed an electronic fence to decrease or eliminate potential conflicts with wildlife. For guests traveling with dogs a leash policy will be strictly enforced. Pets will be feed indoors and all pet and bird food will be stored indoors. In the future, if there is a need for dog kennels, we will ensure they have a top enclosure regardless of the height of the kennel. This strategy is being implemented.

Construction • If fill material is used in the project, native fill material conducive to growing native vegetation will be used. Once development is concluded the disturbed areas will be revegetated with native vegetation that matches the native vegetation already present in the surrounding area. This strategy is being implemented.

Landscaping • To prevent wildlife access and damage to native ungulates, native vegetation that is less likely to attract wildlife will be used. This strategy is being implemented; only native vegetation is being used for landscaping. • If fences are needed, we will reach out to CPW for recommendation for wildlife friendly designs. • Goat Green, LLC will use goats for land clearing and rejuvenation, soil stabilization on steeper slopes, and nuisance and noxious weed abatement and prevention. The owner of Goat Green LLC, Lani Malmberg, has a Master's degree in Weed Science from Colorado State University and has 23 years of experience doing land restoration in 16 western US States. Her team will develop a formal noxious weed prevention and control plan while on- site. This task was completed. • During the 10-day job, Goat Green, LLC plans to do weed problem prevention as they address bare ground and erosion where weeds can become established. They plan to seed when necessary to build a healthy, living, functioning ecosystem where all plant niches are filled with native plant species that supports local wildlife. This task was completed.

Exhibit 9

Amendment to 18cup-02 Describing the Existing Use and Proposed Conditional Use for Bison Peak Resort and Retreat Center Revised February 21, 2020

Barbeque and Outdoor Cooking • Barbecue grills will be placed in a secure area when not in use and cleaned out with an ammonia/water solution. This strategy is being implemented.

Loud Noise and Light We will make every effort to minimize noise and light levels during the night. We have set hours for evening events and we are using solar lighting or low voltage LED lighting for the outdoor spaces. We have begun the International Dark Sky Places certification process through the International Dark-Sky Association.

Suitability of Proposed Property The property under consideration has been selected because of its location to adjacent recreational, Pike National Forest and Lost Creek Wilderness acreage, the availability of outdoor activities in the vicinity, including hiking, fishing and hunting and it's centralized location in Colorado.

2020 REVISED SITE PLAN 2018 SITE PLAN