HomeMy WebLinkAbout4.0 BOCC Staff Report 01.17.2005Exhibits for Jolley — Potter Ranches LLC:, Resort - SUP,
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Proof of Publication
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Garfield Co-unty Zoning Regulations of 1978, as amended
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Garfield Count Subdivision Regulations of 1984, as amended
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Ga n hir113f VuTtairrf -2000
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Application materials
Staff Memorandum
Review Memo: Garfield Co. Road & Bridge
Review Memo: Rifle Fire Protection District
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M _ I lY
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT
LOCATION
SITE DATA
ACCESS
WATER & SEWER
EXISTING & ADJACENT ZONING
BOCC 1/17/05 - JH
Special Use Permit for a Resort
Jolley - Potter Ranches, LLC
Located approximately 20 miles north of Rifle, in
north central Garfield County
175 acres
County Road CR 252
Multiple Well sites and ISDS
A/R1RD (Agricultural/Resident ia [/Rural
Density)
1. PROPOSAI. HISTORY
At a public meeting on 1216/04, Building and Planning staff referred the request to the
BOCC to consider whether it should be referred to the Planning Commission for a
recommendation to the BOCC..
Due to (1) the remote nature of the property, (2) the size of the proposed use which has
fir) proposed a minimal Average Daily Trips (ADT) (3) the fact that resort has historically
operated as an outfitter and outdoor recreation organization known as Jolley- Potter
Ranches, dba Big Mountain Outfitters, Staff recommended that this special use request be
subject to one (1) public hearing and that it be considered directly by the BOCC.
The BOCC concurred and the proposal has moved forward for referral, review and
presentation for decision to the BOCC.
11. PROPERTY LOCATION AND DESCRIPTION
The proposed Guest Ranch, the "Big Mountain" property is located approxinmatel 20
1miles north of Rifle, in a fairly remote part of the county that receives very little visitat
during the winter and spring because of seasonal snow pagk. The propel cons�ps o 175 '°-
�acres and contains natural forest growth indigenous to areas betty -A,000 -9,000 fee} in
elevation with flora consisting of various pine species, aspen, willow an oak and a variety
of grasses. The property also contains a mix of ecosystems; meadows, fields, forest,
woodland, ponds, streams and natural springs.Z-he-terrain is- varied to include mountainous
wit U p tos &ay.err._&lopes -to -flat valley bottoms. - The- pr lty is bordered by private
(owned by the applicant , 8L1V1 and e#; er�czceland_- -
Existing improvements on the property include those listed below:
a) 1- main cabin (& main residence) is 2,804 square feet with expansion
b) 1- bunkhouse is 2_,724 square feet with expansion
c) 1- homestead cabin .(currently used for storage and tack) is 352 square feet
d) 1- meat house is 192 square feet.
e) 1- water building,is 144 square feet
f) 1- generator building is 128 square rfeet '
g) 1- Vents building and bare , quare feet
III. CURRENT PROPOSAL
a. Zoning Designation
The uses discussed in this report /re re consistent with the definition of a resort defined in the
Garfield County Zoning Resol ion as noted below:
2.02.448 R sort: ude ranch or guest ranch; hunting or fishing camp,
cross - country a trail skiing lodge (any of which shall not exceed twelve
(12) dwellitse nits or forty -eight (48) beds or visitor capacity, land used
for the p of recreation, which provides lodging, recreational
activities dining facilities, commissary and other needs operated on the
site fo nests or members.
1 ' !!4 5.5110
The P/rpose of this request is to obtain an SUP -for a Resort designation for the Jolley-
Pott9t Ranches, LLC's "Big Mountain" property. kraditional uses on the property include
V g activities as well as recreational pursuits such as.liuntin Giuring Selatembel- ber, throughout the year mping t roughaut the ear nd' snowmobiiing
winter months�T a proposed use wilt of aw t e Big Mountain property to be
additionally utilized as a guest ranch for overnight guests and other special events such as
weddings reunions and family gatherings.
The guesLILnch will be available -24-bmirs a day during the entire year for a variety of
activities as demand requires which is estimated to begin in the spring and continue
through the summer and to become the highest during the hunting and fishing seasons of
the fall and taper off during the winter. Hunting is estimated to be the most significant e
with hunts throughout the big game season. Each hunting party .typically contain b -S
2 Jolley — Potter Ranches
Special Use Permit - Resort
1/17/05
guests and may include several guides. - Jolley- Putter Ranches i.LC or Big Mountain
Q ttliiters will operate._tkie hunts and will be,4j �jscd, bonded and insured as required by
the State of Colorado.. The Applicant has indicated they have obtained permits to operate
outfitting operations on both BLM a lands adjacent to and the
Potter property. ..� .`"'
Figure 1: View - SUP layout with propost(I uses, main area to Pic south of proposal area.
mm@dgy u -wee en use nd vacation visitors, corporate
J in . , ]npany icnics d family reunions hick will be ca ge "
ac g t� nts, rage caterini. T tmain c' i ° will
op rate a kitchen th i1Lser~yc aiLzth�e- permanent uses such as R and Fishin
group all a LQ'pht c.t_ecl_�that �s,i1t not he caterri��ppbrtable sanita� services for
--- - the later three (3) types of uses are proposed. The Applicant anticipates- nit' mand far
these short term events to be six times per year which wil ' vera 5 uests ith the
majority being 20 to 30 guests,_ Current overnight lodgin acilities, s ist in the
property location and description of this report, are proposed to be increas by the new
proposed structures listed below,
(a +e (5) guest cabins averaging 800 square feet each and
(b ro (2) meeting buildings b4tween 2,000 -3,000 square feet. 4
The current developed facilities can currently serve 2 guests, however, the Applicant
anticipates 34 guests at full build -out. The location of existing and proposed structures
3 Jolley - Potter Ranches
Special Usc Permit - itescil
1/17/05
used in connection with guest ranch activities are shown on the site map in Figure 2 on the
next page.
The volume of traffic accessing the site on a daily and weekly basis will vary depending on
the demand. During the summer and fall, it is estimated that there will be 200 vehicle trips
per month including both hunting and Special event traffic. Vehicle trips during the late
winter and spring months will be limited by the ability of the visitors to access the site due
to snowfall.
Additionally, the Applicant also has indicated th _ ;which are in place or will be
constructed in conjunction with the proposed use are adequate.,lectric powerlis provided
on site b, a photovoltaic system and a pine generator backup for each of [lie existing
uildipg __and will be expanded to eac oYf the proposed buildings as construction occurs.
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Special Use Permit - Resort
1117105
The Applicant shall be aware that certain activities organized by the resort that are on
adjacent public lands may be subject to permitting regulations governed by the USDA
Forest Service and Bureau of Land Management. When such an activity takes place on
public lands as accessed from the resort they may need to comply with rules and
regulations applicable thereto. Motorized travel on forest lands in the vicinity of the resort
may be prohibited (except over -snow travel).
IV. REVIEWING AGENCIES AND DEPARTMENTS
The following agencies reviewed the request and have provided a response included in this
report.
Garfield Co. Road & Bridge (Exhibit H)
Issue(s): No concerns
2. Rifle Fire Protection District ' (Exhibit I)
Issue(s): wildfire, evacuation, fire fighting infrastructure
V. REVIEW STANDARDS
Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution.
Overall Zoninp, Review Staff Response: The proposal for a Resort use !is a
special use pursuant to Section 3.02.03 in the A /R/RD Lone district. °The
application meets the basic criteria in terms of visitor capacity and or dwelli4
units and can be classified as a resort. r There is no minirnurn size for this
facility and the proposed uses are consistent with all other zone district
restrictions and requirements.
A. Section 5.03 Review Standards
1 j Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners
shall either be in place or shall be constructed in conjunction with the proposed
use;
is Staff Response: The application has demonstrated that._water_ is legally`-
provided b five springs and one reservoir with one proposed reservoir)
ocate erear the exstin and prop2sed facilities. As set forth in the report by
Kerry Sundeen, a Hydrologist of Grand River Consulting, Inc.. included in the
application, the multiple water sources provide an adequate legal and physical
supply of water. Additionally, thiiater quality yf the springs is adequate to
5 Jolley — Potter Stanches
Special Use Pennil - Resort
1/17/05
provide an acceptable water supply which is also is treated with an on -site
system to ensure potability.
It is clear that no more tha 9 ndividuals/will be served from any one of the S
water sources accessed legally. If any future expansion should occur as part of
the resort then the Applicant may be obligated to proc ed with a review and
analysis as required fo Capacity Developilf ent by thq Wzter Quality Control
Division of the Colorado Department of Public Health and Environment/
Additionally, the Applicant has provided evidence that there istdequate land
area to facilitate the place n( for all future ISDS nee In addition there are
.ferry- Lamphier- Cochetopc general classification soils ithin the area which
F� are deep, well drained and oderately sloping to stee ' ails on mountains and
fans which should present few problems with ISDS placement. If there are any
soils encountered which typically hamper standard ISDS system installation
during the building of new structures, modified or non - typical ISDS systems
may need to be engineered, Currently, Individual Sewage Disposal Systems
are in place for the existing structures and have experienced no significant
operational problems. This Standard has been met.
2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunction with the proposed use;
Staff Response: The County Road and Bridge Department has indicated in
their review memo of December 17, 2004 that ., no improvements_ for this
proposed special use are re aired for County Road 252. Existing infrastructure
�Cr is SUM i to handle both the current and propos 200 r to be generated
by the resort. —
The application indicates that there artwo existing access points from County
Road 252 as shown in Figure 2 of this report. Both points have provided access
} to the property for over 50 years. l i& Northern -mo,t acces�pQiDtw ll be-used
V
or most uses. The Southern acceA point will_ be used for large short -term,
gatherings such as a wedding. This Standard has been met.
3) Design of the proposed use is organized to ntinintize impact oil acrd from adjacent
uses of land through installation of screeat fe)tces or landscape materials oil the
periphery of the lot and by location of intensively utilized areas, access points,
ki hting and signs in such a manner as to protect established neighborhood
laracter,
Staff Response: The Applicant has described how the design of the proposed
�( resort is organized to minimize impact on adjacent uses of land and to protect
the established character of the area.
Jolley — Potter Ranches
Special Use Pernul - Resort
1/17/05
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As noted earlier, only four additional cabins (2 two- bedroom and 2 one -
bedroom) and two additional meeting buildings are requested for the future
expansion of the proposed use. Thesw uses are planned to be spkced
throughout the property and _will occur within "pockets" of natur4l terrain
rhro6g obi Ut the 175 acres that will shield the resort at full build -out from
exposure to future aclj�icel�t uses. 'Impacts to adjacent property, "which are
`rimarily public open space lends and private land. eld.by the applicam, will lie
mited due to no other established uses within the immediate viewshed of the
pi
oposed use; therefore there will be little impact on the rural character of the
area. This Standard has been met.
- Pursttatnt to Section 5..03,.10, uses listed as Special Uses shall be perm tied only:
1. Based on compliance with all requirements listed herein, and;
2. Approval by the County Commissioner, which Beard may impose additional
restrictions on the lot area, floor area, coverage, setback and height of
1 (k/) 3roposed uses or required additional off - street parking, screening fences
and landscaping, or• cur other restHc°tion or provision it cleenis necessary to
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protect the health, safety and welfare of the population and uses of the
neighborhood or zone district as a condition of granting the special use.
If Staff Restaonse: There have been kq. adverse impact$ identified that suggest
additional restrictions are necessary for the proposed use. This Standard has
f,
been met.
Section 9.03.05 Meriodic Review of SUPT Pursuant to section 9.03.05 of the Zoning
Resolution:
Any Special Use Permits may be made subject to a M odic review rot less than
every six (6) months if required by the County Commissioners. Tire purpose of
such review shall be to determine compliance or noncompliance with any
performance requirements associated with the granting of the Special Use Permit.
The County Commissioners shall indicate that such a review is required and shall
establish the time, periods at the throe of issuance of a Special Use Permit. Such
review shall be conducted in such manner and by such persons as the County
Commissioners deem appropriate to make the review effective and meaningful.
Upon the completion of each review, the Commissioners may determine that the
permit operations are in compliance and continue the permit, or determine the
operations are not in compliance and either suspend the permit or require the
pennittee to bring the operation into compliance by a certain specified date. Such
periodic review shall be limited to those performance requirements and conditions
imposed at the tithe of the original issuance of the Special Use Permit.
7 Jolley — Pouer Ranches
Special Use Pemiii - Resod
1117105
Staff Response: There are no adverse impacts that suggest a periodic review is
necessary for the proposed use. This Standard has been met.
VI. STAFF COMMENTS
A. Process:
Staff Respons : The Zoning Resolution of 1978, as amended, provides a
process by which a SUP request is reviewed; it does not provide a process for
amendments to an existing and approved Special Use Permit to be reviewed.
The Applicant is aware that any future improvements associated or as a part of
a resort designation and not specifically identified in this application request
shall require an additional application. V any changes are made to the SUP, the
original approval shall be resubmitted with an addition of the new uses for
review and approval thus recognizing all of the uses oi` the resort and creating a
new Permit.
B. Fire Protection:
Staff Response: The proposed Special Use is within the boundaries of the
Rifle Fire Protection District and the District has indicated they will provide
l emergency medical and fire services to the proposed resort. However, due to
travel distances and response times to the area, the ability of the District to
provide effective services will be severely hampered.
Should the BOCC approve this re nest, staff suggests as a condition of
approval the Applicant submit a protection plan /to the Garfield County
Building and Planning Department and approved by ttib fire district which shall
include wildfire mitigatilon, occupant evacuatio�i and adequate fire fighting
infrastructure for crews that respond to fire calls. This plan shall be submitted
to the Garfield County Building and Planning Department prior to issuance of
the Special Use Permit.
VII. SUGGESTED FINDINGS
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.
8 Jolley — Potter Ranches
Special Use Permit - Reson
1 /17A)S
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.€12.03, 5.03 and
9.03 of the Garfield County Zoning Resolution of 1978, as amended.
VIII. RECOMMENDATION
Staff recommends APPROVAL of the Proposed Special Use Permit, with the
following 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 BCCC.
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 Department of Public Health and Environment (CDPHE) ISDS
standards.
ertain activities associated with the resort which that take place on USDA Forest
Service or Bureau of Land Management Lands shall comply with all rules and
regulations applicable thereto.
0* 11 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 an the life of the Special Use Permit.
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.
9 !alley — Potter Ranches
Special Use Permit - Resort
1117105
� —he Applicant shall be limited to the use of no more than the eig ((8) �- _Ing
units as listed in the application including any employee or caret I er housing -and -
all other associated non - habitable structures listed in the applic on nd as cited in
this report for a total of fourteen (14) structures for the resort. ►
There shall be no more than thirty -four (34) overnight g s allowe o e
tim=nd ne-time gatherings of no more than 50 ers ns. ' G
{ I alcohol is to be served in connection with the use, the A P icant shall apply fog
Pp Y
and receive and maintain licensing fo said service fr - the - approp�ii a eenq for A�l6l` the duration ofaiccW service.,�y
'l4. 4he Applicant shall continue to comply with licening requiren. the
commercial kitchen with the State Department of Health, Consumer Protection
Division.
. 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.
All exterior lighting shall he 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.
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IX. RECOMMENDED MOTION
" I move to APPROVE the request with the above noted conditions in this report for a
Special Use Permit for Jolley - Potter Ranches LLC to allow a Special Use Permit for a
Resort Designation in the A/R/RD Agricultural/ Residential /Rural Density zone district on
175 acre tract of land located on County Road CR 252.
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10 Jolley - Potter Ranches
Special Use Penn it - Resort
1117/05
Jim Hardcastle
Prom:
'VVendy Mead
Sent:
Friday, December 17, 2004 8:10 AM
To:
Jim Hardcastle
Cc:
Kraig Kuberry
Subject:
Jolley- Potter Ranches, LLC
Good Morning Jim,.
Kraig asked me to email you his comments on the Jolley- Potter Ranches, LLC .
He said everything looks good.
�f you have any furhter questions, please contact Kraig directly.
Have a great day'
Wendy
EXHIBIT
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RIFLE � .RE PROTECTION Dissi riICT
December 30, 2004
Garfield County Building and Planning
Attention: Jim Hardcastle
108 81, street
Glenwood Springs, Colorado 51601
Reference. Jolly- Potter Ranches, LLC
Mr. Hardcasde,
a T
The Rifle Fire Protection District has rrviewed the proposed Special ,Use Permit for
Jolly - Patter Ranches, LLC. The property is within the boundaries of the Rifle Fire
Protection District and the District provides Emergency Medical and Fire services to the
area.
Due to travel distances / responsa tithes to the area, the ability of the District to provide
effective services will be severely hampered. As the project continues, the District would
like to work with the owner and the Building Official to attempt to minirnize the risks to
occupants in the areas of wildfire mitigation, occupant evacuation and water supplies to
enhance our ability to provide services.
T wnk you and feel free to contact me if you have any additional questions.
Sincerely,
Mike Morgan
Chief
III
DEC 3 0 2004
GARFIELD COUNTY
0119LUNG & P AiVI ING
Telephone (970) 625 -1243 • Fax (970) 625 -2963
1850 Railroad Avenue • Ritle, Colorado 81650