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HomeMy WebLinkAbout2.0 AdministrationGarfield County August 14, 2012 Mr. and Mrs. Sam Potter Jolley- Potter Ranches, LLC 0598 County Road 323 Rifle, CO 81550 RE: Special Use Permit Amendment & Building Permit Issues Dear Mr. and Mrs. Potter, Thank you for taking the time to meet yesterday morning to review the status of your Special Use Permit approval and building permit. Since our discussion, I have reviewed the land use file and can tell you that I consider the letter dated January 28. 2005 from Fire Chief Mike Morgan of the Rifle Fire Protection District to satisfy condition number 7 of Resolution 2005 -23 so long as you meet the requirements he placed in his letter which will need to be met as a condition of the Certificate of Occupancy. Regarding your request to have the Board of County Commissioners (BOCC) remove condition number 12 of Resolution 2005 -23, please provide the following submittal information to the Building and Planning Department so that we may properly set your request before the BOCC in a noticed public hearing. 1) A letter addressed to the Board of County Commissioners explaining the reasons you request the condition number 12 be removed. 2) A recorded "Statement of Authority" that states that you can act on behalf of Jolley - Potter Ranches, LLC which is the owner of the property. (I have attached an example of that with this letter for your convenience as an example to follow.) 3) An updated list of property owners within 200 feet of the subject property. Once I get these documents, I will set the matter on the BOCC agenda for their review which will require public notice 30 days in advance by mailing to the adjacent property owners, posting the property off the county road, and publishing in the Rifle Citizen Telegram. (i will help you with this once I receive your submittal documents listed above.) I also met with the County's Chief Building Inspector, Andy Schwaller, regarding the building permit currently on file for your structure. it is important for you to understand that this structure is required to be reviewed as a commercial structure in keeping with your land use approvals for a Resort and cannot be reviewed under the International Residential Code for personal use. Because of this, the following areas will need to be addressed and amended in order for the County to continue to approve and inspect the current construction of the structure as a commercial type of structure under the 2009 IBC. Based on this, please have your architect of record contact Andy to work though a few amendments to the plans at the County to reflect the following changes: 1) The structure is a mixed use non separated A -2, R -3, and U occupancy. The design should reference the 2009 IBC. 2) Separations as per Sec 420, 709.1 and 712.3 are required for the sleeping rooms of the R -3 occupancy. 3) Asper the 2009 IFC and NFPA 96, an annul unit is required for the commercial kitchen. 4) It appears from the plans submitted that the main floor bathrooms will be accessible. 5) The access to the main floor from the parking area into the building will also need to be accessible as per Chap 11. The sleeping areas on the second floor will not need to be accessible assuming the resort has other sleeping accommodations on an at grade elevation. 6) The stairs shown on the plans will need to comply with Sec 1009 with a rise of 7 in. max and run of 1.1 in. min. 7) Guardrails will need to comply with Sec 1013. 8) Fire District Review of the plans and structure is required. Fire district will do a final inspection prior to Certificate of Occupancy (C.O.) 9) Colorado Department of Health will need to do final inspection of the kitchen prior to C.O. The contact person is Joanne Sax with the CDPHE at 303 - 692 - 362.4. 10) An automatic fire sprinkler is suggested but is not required due to an amendment to the code deleting R -3 occupancies from this requirement. This list includes the major changes required. The architect of record should include any other changes required by the code during his review. Again, thank you for meeting with me to work through these issue and we look forward to moving this project along to its earliest possible completion. Do not hesitate to call or email me if you have any questions about this letter. Very truly yours, Fred A. Jarman, AICP Director, Garfield Coun B Tiding and Planning Department 970 -945 -1377 ext. 1540 Cc Andy Schwaller, Garfield County Chief Building Inspector David Bartholomew, Garfield County Plans Examiner Carey Gagnon, Garfield County Attorney (Acting) .n RIf ni GS n $ . -0 S? 95 16 00 C,rbfied FBI — POSIMA -- ru $2.35 FlOtum ROCe'Pi Fee L71 (End, SOC1010d) r3 FiesVkIed Delivery Fee SO.00 (F _AdOrBenlont FIZI C1 $6.110 C3 -TTBI poctav & Fe OS $ & Mrs. Sam Potter rq @fit 0 NNIr. s, LLC )V: Jolley - Potter Raliche C3 or po j;ox No. 0 r �98 County Road 323 Rifle, CO 81650 ..1 • complete items' l,- 2. and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name slid address on the reverse so that we can return the card to you. 1111111 Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: Mr. & Mrs. Sam Potter Jolley-Potter Ranches, LLC 0598 County Road 323 Rifle, CO 81650 A. Signet X —P Agent 31(__� PAC Addressee B. Received by (Printed Ne0e) G. Date of Delivery D. Is del" address different from stern 17 ❑ yes 11 YES, enter delivery address below. )11'No 3. Service Type 0 CertlW Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ G.O.D, 4. Restricted Delivery? (Extra Fee) 0 Yes Adicte Number -vice label) (transfer from so, 7011 3500 OOOP 5662 6796 '9 Form 3811, February 2004 Domestic Return Receipt ID2695-02-M-1540 RIFLE Ft..E PROTECTION DISTkxtCT January 28, 2005 . Garfield County Building and Planning Attention: dim Hardcastle 108 80, Street 'Glenwood Springs, Colorade 81601 Reference: jolly- Patter Ranches, LLC Mr. Hardcastle, The Rife Faire Protection District has reviewed die proposed Special Use Pertn it for jolly -Patter Ranches, LLC.with Mr: Sam Potter_ In review of this Spacial Use iP nuit, the following agreements were made between Mr. latter- and the Rifle l=ire Prot-&ction District. I. The District approves of the Special. We Permit. 1 The District and Mr. Potter agree €o"onsite inspection of existing facilities and infrastructure and that the District -will make recommendations to enhance life and property safety. 3. The District will review future structures and: improvements at building perniit in accordance with applicable and appropriate codes and standards. Thank you and feel free to -contact me if you have any additional ques6ns. Sincerely, Mike Morgan Chief Cc, Sam Potter 7alephone (970) ,625.1243 Fax(970)6254!963 1850 Railroad Avenue • fiifie, Colorado 81660 Rft Fue Pmk d" DS(dCt 1860 Ka*DW Avenue Rfdia, Cp#xago Bi$50 970.625 -9243 Fax 91[3 -825 -2963 Tel Garfleld County Building & Planning from: Mike Morgan 34ftl uon: Jim Hardeas$e Few 970384-3470 Pagan: 2 Phones 97(3 - 945-8272 coft, 211/2005 Rai Jolly- Potter Ranches, Ll_C C ❑ Urgent ® For Review ❑ rtumm Canso ont © Plea Reply ❑ Phmme Recyc% s Comfirt n": Page I of 3 Jim Hardcastle From: Marian Clayton Sent: Monday, January 31, 2005 11:35 AM To: Jim Hardcastle CONSIDER A REQUEST FOR A SPECIAL USE PERMIT APPLICATION FOR APPROVAL, FOR A RESORT. APPLICANT JOLLEY POTTER RANCHES, LLC —JIM HARDCASTL.E ADJOURNMENT Jim Hardcastle, Jan Shugart 'Toni Stuver, Sam Potter, Theresa Potter and their family were present. Jan reviewed the noticing requirements for the public hearing and determined they were timely and accurate. She advised the Board they were entitled to proceed. Chairman Martin swore in the speakers. Jim submitted the following exhibits: Exhibit A —Mail Receipts; Exhibit It - Proof of Publication; Exhibit C — Garfield County Zoning Regulations of 1478 as amended; Exhibit D — Garfield County Subdivision Regulations of 1984 as amended; Exhibit E - Garfield County Comprehensive Plan of 2000; Exhibit F - Application materials; Exhibit G — Staff Memorandum; Exhibit II — Review Memo — Garfield County Road and Bridge; and Exhibit I — Review Memo — Rifle Fire Protection District. Chairman Martin entered Exhibits A — I into the record. Jim submitted the project information and staff comments and reviewed them saying this is a SUP for a Resort located approximately 20 miles north of Rifle in north central Garfield County on 175 acres with access off CR 252 in the AIRIRl7 zone district. The BOCC recommended this application be heard directly before them on 12/06/04 due to the remote nature of the pro perty, the size of the proposed use which as a proposed minimal ADT and the fact that the resort has historically operated as an outfitter and outdoor recreation organization known as Jolley -Potter Ranches, dba Big Mountain Outfitters. The events include hunting and snowmobiles. The newer uses proposing are typically seasonable, weekend vacations, visitors, corporate retreats, weddings, company picnics, family gatherings such as reunions, etc. The top end of 50 people need to be clarified. 5 new guest cabins are proposed to he added averaging 800 square feet each and two meeting buildings between 2,00€1 — 3,000 square feet. 200 average monthly trips AMT for the road has been projected. No more than 35 overnight guests and 50 people for special events. Recommendations L That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the BOCC. 2. The Applicant shall submit a new Special Use Permit application if in the future any new improvements are desired as part of a resort designation which are not specifically identified in this application, agreed upon at the public hearing or cited in this report. 3. The Applicant shall obtain all building and septic permits and inspections and certificates of occupancy consistent with the adopted rules and regulations of Garfield County for all new development within the resort area as identified in this report. 4. The installation of all required ISDS upgrades or replacements shall comply with the Colorado Department of Public Ilealth and Environment (CDP11E) ISDS standards. 5. Certain 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. 6. All outfitter operations shall maintain a full license, bond and insurance status, as well all other access penrnits as 1/31/2005 Page 2 of 3 required by the State of Colorado, the Bureau of Land Management and USDA Forest Service for 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. 8. The Applicant shall be limited to the use of no more than the eight (8) dwelling units as listed in the application including any employee or caretaker housing and all other associated non - habitable structures listed in the application and as cited in this report for a total of fourteen (14) structures for the resort. 9. There shall be no more than thirty -four (34) overnight guests allowed at any one time and one -time gatherings of no more than 50 persons. 10. If alcohol is to be served in connection with the use, the Applicant shall apply for and receive and maintain licensing for said service from the appropriate entity for the duration of alcohol service. 11, The Applicant shall continue to comply with licensing requirements for the commercial kitchen with the State Department of Health, Consumer Protection Division. 12. No new open hearth solid -fuel fireplaces will be allowed anywhere within the resort designated area. One (1) new solid -fuel burning stove as defied by C.R.S. 25 -7 -401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 13. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of designated cabin sites, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. Applicant: Discussion: No. 10 — alcohol — license is required for the alcohol. If it's a commercial facility, a license is needed. A resort would be considered such. The Board suggested a Tavern Liquor License Tom — proceed with the wording "to the extent provided by law ". Chairman Martin — quoted the liquor license laws — premises are all encompassing. They would have to declare the property included for the license if you apply for a Tavern License. Tom Stuver — small corrections to make sure the application is correct -- page 2 of the staff's comments, actually the property at the very top it refers to the properly being bordered by USDA Forest Land and that is not correct, it is only BLM land which is contiguous to the property. The Forest Service boundary is approximately ' /a mile to the east of this parcel. And then to clarify on the events building and barn, that is proposed but does not exist. The Surveyor missed that one. it has not been constructed at this point. And that is not to exceed 6,000 square feet. 3`d item - in the application we indicated that the events wouldn't average more than 50 people and that is what we would request the approval be for and in fact an event such as a wedding could have as much many as 200 guests on the wedding list for a day wedding. Again the overnight restriction of 34 max; but for an afternoon it could exceed 200 on an occasion in the summer. Cap that day use at 250 maximum with the understanding that we are annualizing that average. Sam Potter - the chief of the fire district— Mike Morgan —and he said his letter indicates as the project continues he would like to work with the owner and building official to attempt to minimize the risk to the occupants in the area fire hazard mitigation. Sam will get together to be satisfactory reached before the SUP. Sam will do some preventive. Commissioner McCown - Some type of the Agreement will have to be reach with the Fire District before this is affective. Sam Potter said they recognize that there isn't a Iot they can do up there and if they go along with some preventative .measures and it isn't an issue. h.- . 14 ca 10 — to avoid .any confitsiort, add this to the beginning. laxt ®tid 1 �id tt clarification can stating that the �gl mom per day tisi (not overnight) is rid this is t Y t7 n ortamercial vehiicles ostly: 1/31/2005 Page 3 of 3 This is an average of 50. Sam - said they have had Class A motor homes and if someone wanted to hire a bus for people to come in they could do that; we have County road maintenance traffic, dump trucks, and had even belly dumps on it in the past and couldn't preclude that kind of use and in some instances it might be safer. Jim said they were looking at more commercial trucks for deliveries, more impacting uses - this is not a tour taus. Jan - the 200 average monthly trips need to be added. It was testified to. A motion was made by Commissioner McCown and seconded by Commissioner Houpt to close the public hearing; motion carried. A motion was made by Commissioner McCown to approve the request with the above noted conditions 1 - 12 in this report for a Special Use Permit for Jolly - Potter Ranches LLC to allow a Special Use Permit for a Resort Designation in the AJRIRI7 AgriculturallResidential/ltural Density zone district on a 175 acre tract of land located on CR 252 as amended Vo. 9 - inserting no more than 250 persons day use, average monthly daily trips not to exceed 200; Commissioner I ioupt clarified in No. 10 in the last sentence it's the duration of t c SUP not the alcohol service - agreed. Commissioner Houpt seconded the motion. In favor: Houpt - aye; McCown - aye; Martin - aye. Varian "tV*# �?ie : v# . a+! #^ ^.; at�r4oar t #rE i�R�4�+► #t�< fa # #tev # #v. t #c tf tt <> s4 ��... iFAITAzrr1T1 Plea, -md Applicalkn U the 1@11cAving Refer Ageuos Apph. .,on Name: e ' 40 � � Date Application Sent: U 12J lob%( Mt. Sopris Soil Conservation District Bookcliff Soil Conservation District Town ofDeBeque City of Rifle Town of Basalt Town of Carbondale City of Glenwood Springs Town of New Castle Town of Silt Town of Parachute Eagle County Planning Department Rio Blanco County Planning Department Pitkin County Planning Department Mesa County Planning Department Burning Mtn. Fire District Town of Silt Fire Department Rifle Fire Protection District Grand Valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE -1 School District RE-2 School District School District 16 Carbondale Sanitation District Battlement Mesa Water & Sanitation Spring Valley Sanitation District West Glenwood Sanitation District Mid - Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Electric (Roaring Fork, S. of Co. River west) Public Service Company (N of Co. River west) KN Energy (S. of Co. River, Roaring Fork) Western Slope Gas Company US West Communications (G.S. & C'dale area) US West Communications (N.C., Silt, Rifle) US West Communications (Rifle, B.M °, Parachute) AT &T Cable Service Colorado State Forest Service Colorado Department of Transportation Colorado Division of Wildlife (GWS Office) Colorado Division of Wildlife (GJ office) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Colorado Geological Survey Colorado Water Conservancy Board Colorado Mined Land Reclamat'ori Board Bureau of Land Management I Department of Energy -- Western Area Power Admin. Bureau of Reclamation -- Western Colorado Area Office US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority Garfield County Road & Bridge Garfield County Vegetation (Steve Anthony) Garfield County Housing Authority Garfield County Engineer (Jeff Nelson) Garfield County Oil and Gas Auditor (Doug Dennison) Garfield County Sheriff Department REFERRAL FORM Garfield County Building and Planning Department 108 8`h Street, Suite 201, Glenwood Springs, CO 81601 (970) 945- 82121Fax: (970) 384 -3470 Date Sent: December 10, 2004 Return Requested: December 31, 2004 File Nantes) I Project Name(s) Type ofApplication(s) Jolley- Potter Ranches, UC =same Special Use Permit Staff Planner: .Tim Hardca_5tle Ohardcastle a Barfield- county.com) Phone: 970 - 945 -8212 Applicant: Jolley- Potter Ranches, LLC J Samuel B. Potter, Manager Phone: Contact Person: Thomas Stuver of Stuver, LeMoine, & Burwell, P.C. Phone: 970 -625 -1887 Location: County Road 252, approximately 20 miles north of Rifle, CO. Summary of Request: Request Resort designation for use as a Guest Ranch & Hunting Camp providing lodging & recreational facilities. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. in order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Friday, December 31, 2004. GA- LD CouNZ 1 sdwj Rand & Brid C'ounl5' Attorney COLUKADO 5TaTF {Teel© icat Survey Fee Health Departnxnt Forest Service lee Wildlife Division SERVICE DISTRICT YF,ibk Service I foly Cross Electric G.S./Carbondale Fire District 5iltlNewCasileMfle Fire District si d Conwryatlon DiAnct Planning Commission i3C]CC Garfield County Assessor Property Search Garfield. County Colorado Page 1 of 3 Assessor & Treasurer Property Information Data Updated Quarterly with the fast update released on 1010112004 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Get Map Search ] Results > Detail Owner Name: Teresa Ann Potter Type: Primary Address: Po Box 148 Rifle, CO 81650 Property Address : Twn 3 Rge 94 Sec 1,2,3 -, CO Account number: R016070 Parcel number: 187701300001 Sub - division: Condo: Neighborhood: 450000 Area: 016 Legal; SECT,TWN,RNG.1 -3 -94 DESC: LOTS 1 (39.96), 2 (39.86), 3(39.78), S1/2141/2, S1/2 DESC: SEC. 2 LOTS 1(39.71), 2 (39.85), S1/2141/2, S1/2 SFC DESC: 3 SENE, SE SEC. 10 N1/2NE SEC. 11 N1/2N1/2, SENE DESC: SEC. 12 N1/2, NESE Total Actual $82,120.00 Value: Taxes 2003 taxes $634.48 payable in 7004: Amount Paid: $634.48 Land Actual Value: $17,030.00 Land size: http: / /www. mitchandco- comlreal estatelgarfj el dlpropertyDi spl ay.cfm ?AccountNo= 8016074 1 2/10/2004 Garfield County Assessor Property Search Square feet: Acres: 1147.01 Actual Value: $3,930,00 Land size: Square feet: Acres: 539.69 Actual Value: $1,760.00 Land size: Square feet: Acres: 312.46 Building(s) Type: Residential Actual Value: $28,910.00 Description: FARM/RANCH Actual year built: Jan 1 1991 12: Heated square 864 feet: FAIR Bedrooms: 2.0 Bathrooms: 1.5 Stories: 1 Architecture 1 -STORY style: Construction FAIR quality: Type of heat: WOOD STOVE Roof structure: RIDGE FRME Roof cover: PREFAB MET Exterior wall: LOG Type: Residential Actual Value: $26,109.00 Description., FARM/RANCH Actual year built: ]an 1 1989 12: Heated square 864 feet: Bedrooms: 1.0 Bathrooms: 1.0 Stories: 1 Architecture 1 -STORY Page 2 of 3 http: / /www. mitchandco. com/ realestate/ garfieldlpropertyDisplay .c:fm ?AccountNerR016070 12/10/2004 Garfield County Assessor Property Search style: Construction FAIR quality: Type of heat: WOOD STOVE Roof structure: RIDGE FRM E Roof cover: PREFAB MET Exterior wall: LOG lmprovement(s) Actual Value: $310.90 Description: SHED Actual Value: $920.00 Description: SHED Actual Value: $270.09 Description: FRAME SHED AVG Actual Value: $2,140.00 Description: WOOD DECK Actual Value: $1650.00 Description: OPEN PORCH Copyright © 2003 Mitchell & Company, Inc. All Rights Reserved. Page 3 of 3 lrttp : /1www, mi tchandco. corn/rtWestatelgarfi eld /propertyD1 splay .cfm ?AccountNo= RO16070 12/1012004 Garfield Count le BUILDING & PLANNING DEPARTMENT December 10, 2004 Stuver, Lemoine & Burwell P.C. P.O. Box 148 Ritic, Colorado 81650 RE: Special Use Permit request for a Resort Dear Ms. Burwell, The purpose of this letter is to notify of a Public Hearing for the Special Use Permit application you submitted, and which was deemed Technically Complete on November 16, 2004. A referral request was heard at a public meeting by the Board of County Commissioners on Monday, December 6, 2004 where they determined that a referral to the Planning Commission was NOT needed and this application shall be heard at a Public Hearing by the Board of County Conin issioners. The Board of County Corrunissioners will discuss and review the application at a public hearing which has been scheduled for Monday, January 17, 2005, at 1:15 PM. This meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8 ;b St., Glenwood Springs, CO 81601. The application will be reviewed by Staff, a staff report will be generated and sent to you, prior to this meeting. Please review the public notice requirements below. Please Note: Proper noticing is your responsibility. Please Note: Notice for the meeting -is your re ponsibility and shall be given as follows: 1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed use and nature of the hearing, and the date, time and place for the hearing shall bo given once in a newspaper of general circulation in that portion ofthe County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. 2) Notice by mail, containing information as described under paragraph (1 ) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (2114') of the subject lot and to all owners of mineral interest in the subject 108 81h Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945 -8212 (970) 285 -7972 Fax: (970) 384 -3470 property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3) The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the bearing date and is the sole responsibility of the applicant to post the notice, and ensure that if remains posted until and during the date of the hearing. The public hearing will be held at the Garfield County Plaza Building in the Cormnissioners Room on the first floor. The address is 108 8`h Street, Glenwood Springs, Colorado 81641. If you have any questions, please do not hesitate to contact me (9 74) 945.8212. Sincerely, r U1111ardeastle Senior Planner Attached: Public Notice to be mailed and published Public Notice Sign to be posted on site 2 PUBLIC NOTICE TAKE NOTICE Jolley Potter Ranches LLC have applied to the Board of County Conuaassioners, Garfield County, State of Colorado, to request a Special Use Permit, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Legal Description Practical Description: Unassigned County Road #252, 20 miles north of Rifle, Colorado The applicant requests a Special Use Permit for a Resort. All persons affected by the proposed Special Use Permit are invited to appear and state their views, protests or support, If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for "Resort" Special Use Permit. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for Monday, January 17, 2005, at 1:15 PM., in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County N TAKE That ^C has applied TI Garfield, County • on this prop A public on this a�}plication will be held in the 0� Glenwood Springs, Colorado on ,AAA RAR.-V 16, { dot*) at • [ time) Date j otice Was Posted: By. . For additional informal at A- the , 100 8th St. I Suite _ ' , Glenwood Springs, CO 81 501 November 16, 2004 Stuver, Lemoine & Burwell P.C. P.Q. Box 148 Rifle, Colorado 81650 RR: Special Use Permit request for a Resort Dear Ms. Burwell, Fr field County � DING & PLANNING DEPARTMENT The purpose of this letter is to notify you the Special Use Permit application you submitted has been deemed Technically Corn rilete. Please understand that a determination of technical completeness by this office shall not be deemed a recommendation of approval, a finding of adequacy of the application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution. Initially, the Building and Planning staff will present your application to the BCCC to determine if the proposed project should be referred to the Planning Commission for a recommendation to then be routed hack to the BCCC. The zoning code provides the Board with the option of referring Special Use Permits to the Planning Commission for their recommendation in a public hearing as per Section 9,03 of the Zoning Resolution of 1978, as amended. This referral request has been set to be heard at a public meeting on Monday, December 6, 2004. The meeting will be held at the Garfield County Plaza Building in the Commissioners Room on the first floor. The address is 108 8t" Street, Glenwood Springs, Colorado 81601. Next, a Public Hearing date will be set, the application will then be reviewed by Staff, a report will be generated and sent to you, and the Board of County Commissioners will discuss and review the applications at a public hearing date to be determined by you the Applicant. Finally, as we have discussed, please submit 15 copies of all information you provided in your application to our staff so that we may provide them to the appropriate referral agencies and the Board of County Commissioners for review. We will need to have these copies no later than approximately 30 calendar days prior to the meeting date to be determined. I am looking to our site visit together on November 23, 2004; I will be in your offices at 8:00am. If you have any questions prior to this meeting, please do not hesitate to contact me Sincerely, r im Hardeastle Senior Planner 108 8th Street, Suite 201, Glenwood Springs, Colorado 81501 (970) 945 -8212 (970) 285 -7972 I'ax: (970) 384 -3470 STUVER, LEM©INE & BURWELL, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. Box 907 RIFLE, COLORADO 81850 THOMAS W. STUVER DANIEL 0. BARBARA C EBURWELL November 10, 2004 Jim Hardeastle, Sr. Planner Garfield County Building & Planning Dept. 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 011 "IM9xy►1'1111- i Dow *.46A11 .11901 NON Dear Mr. Hardcastle: TELEPHONE 970 - 625 -1B87 FAX 970 - 625-4448 Our clients extended a written invitation for you to schedule a site visit on October 18" and I left subsequent voice messages for you reiterating the availability of my clients for that purpose. My clients are concerned that weather may prevent a visit unless it is accomplished in the very near future. Would you please submit a proposed date for the visit at your earliest convenience`' In lieu of a visit, nay clients would be pleased to provide a comprehensive album of photos of the site so that this application can be advanced to the County Commissioners as soon as possible. Thank you for your attention to this matter. Very truly yours, STUVER, LeMOINE & BURWELL, P.C. o St er T WS.skl pe: Jolley- Potter Randics LLC October 14, 2004 Stuver, Lemoine & Burwell P.C. P.O. Box 148 Rifle, Colorado 81 650 RE: Special Use Permit request for a Resort Dear Applicant, Thank you for the application you submitted to this office for a Special Use Permit request designation of "Resort." I am writing this letter to inform you the Garfield County Building and Planning Department needs additional information in order to process your Special Use Permit application and at this time your application is deemed Technics Non-Compliant. As we discussed this yesterday, the items still needed are listed below and nu ��r d in the application; ��rr� 7 2. Ifyou will be using water or will be treating was,�t v ater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. if you will be an appfove titer u e ion 1 to onstrate4-IW-�bu have lego dequate water fo e propos And, the following item is require G • An authorization form whic ows Stuver, Lernoine & Burwell P.C. to act as agent or representative for William my Harris. Your timeliness in providing; this'informa�ion will expedite our ability to place your application on the public hearing agenda. Do not hesitate to contact me in the event you have any questions. Sincerely Jim Hardcastle Senior Planner 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285 -7972 Fax: (970) 384 -3470 JOLLEY POTTER RANCHES, L.L.C. P.O. BOX 148 RIFLE, CO 81650 970 -625 -2882 Jinn Hardcastle, Senior Planner Building and Planning Department Garfield County 109 Eighth Street Glenwood Springs, CO 81601 RE: Special Use Permit Application Dear Jim: This loiter wi11 r.,inf lrm the authorizat ;nn g ven by Jolley- Potter Ranches, L.L.G. in the Special Use Pern -iii Xpp!icatior: fe•r Thomas W S-,gveT, St%ver, LeMn?ne & Burwell. P.C., to be the Owner's sineet' ly. Jolley- P,,otter Ranche L.L.C. Bv; Samuel B. Potter, Manager — - STUVER, LEMOINE & BURWELL., P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. 0, BOX 907 RIFLE, COLORADO 81650 THOMAS W. STUVER TELEPHONE 970 - 625-1887 DANIEL D. LEMOINE FAX 970 - 625-4448 Y� BARBARA C. BURWELL 1� •.. ' +•.. �' 1 .Lr OCT 7 9 1004 yOctober 18, 2004 Jinn Hardcastle, Senior Planner Garfield County Building and Planning Department 1088 n Street, Suite 201 Glenwood Springs, CO 81601 RE: Jolley- Potter Special Use Permit Application Dear Jim: Torn had the opportunity to speak with Sam Patter regarding your site visit to the Jolley- Potter Ranch property. They would welcome your visit anytime during the week of November 1, 2004, except for that Tuesday, November 2, 2004. Please confirm the date with me or Tom by October 25, 2004. Thank you for your attention to this matter. Sincerely, STUVER, LEMOINE & BURWELL, P.C. Barbara C. Burwell lbcb cc: Jolley- Potter Ranch, L.L.C. -� i 4��1ii �IIII �ll�lii III �1�I1 lI1C..��111 Ill I�I�I ill IIII 659550 09/09/2004 12:35F Bi6rOP938 M AL500RF Yt' 1 of 1 R 6.00 0 0.00 GARFiELD COUNTY CO n SPECIAL WARRANTY DEED 7 THIS DEED, Made this day of , 2004, between SAMUEL B. POTTER and TERESA A. POTTER, o the County f Garfield and State of Colorado, Grantors, and ]OLLEY-POTTER RANCHES, LLC, whose legal address is P. 0. Box 148, Rifle, Colorado 81650, of the County of Garfield, State of Colorado, Grantee: WITNESSETH, That the Grantors for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is Hereby acknowledged, havo granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: Township 3 South, Range 94 West of the 6`h P.M. SW' /4NW /4 and NW' /4SWY4 of Section 1, That part of the SE' /4NE' /4 and NE/SE' /4 of Section 2 lying easterly of the centerline of County Road No. 252, as known by street and number as: Unassigned. TOGETHER with a non - exclusive easement for a private access road 30 feet in width, extending 15 feet either side of the centerline of a roadway in place and in use, extending from Garfield County Road No. 252, over and across the S %SE %4 of said Section 2 to the south line of the NE' /4SE'/ of said Section 2, and together with the Grantor's rights in the Charley Mobley Spring. RESERVING unto the Grantor any and alt oil, gas and other minerals in, under or upon the subject premises. TOGETHER with all and singular the hcreditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and rernainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor's j, either in law or erlui ty, of, in acid to tlic above- bargainc:; premises, with the hercditam tents and appurtenances. TO HAVE AND TO HOLD the said premises above - bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantors, for themselves, their successors and assigns, does covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through ,or under the Grantors. i IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. 4��5� Sarnuel B. otter STATE OF COLORADO ) ] ss COUNTY OF GARFIELD ) Teresa A. Potter The foregoing instrument was acknowledged before me this by SAMUEL B. POTTER and TERESA A. POTTER. Witness my liand and official seal. MyComm- isslon expires: - Notary Niblic . jw'c" �Ir IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 80CW286 IN THE MATTER OF THE APPLICATION ] FOR WATER RIGHTS OF ) HERBERT L. JOLLEY ) IN THE WHITE RIVER ] OR ITS TRIBUTARIES ] TRIBUTARY INVOLVED: THIRTEENMILE ) CREEK ] IN GARFIELD COUNTY ) iN WATER COURT Division No. 5 ,: - , 2 ;31 ,981 STATE OF COLORADO p EPUTV RULING OF REFEREE The above entitled application was filed on July 16, 1980, f and was referred to the undersigned as Water Referee for Water CLERK Division No. 5, State of Colorado, by the Water Judge of said Court on the 12th day of August, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The;Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Charley Mobley Spring. 3. The name of the claimant and address is: Herbert L. Jolley; P.O. Box 148; Rifle, Colorado. 4. The source of the water is a spring tributary to Thixteenmile Creek, tributary to Piceance Creek, tributary to the White Raver. 5. The spring is located in the NE4SE¢ of Section 2, T. 3 S., R. 94 W. of the 6th.P.M. at a point 1775 feet north of the South Line and 300 feet west of the East line of said Section 2. 1979. 6.The use of the water is domestic and livestock water. 7. The date of initiation of appropriation is September 1, -I-- 80CW286 $. The amount of water claimed is 0.05 per second of time, absolute. 9. The spring has been developed and the water has been diverted into a stockwater tank. 10. The water was first diverted and applied to beneficial use on September 1, 1979. The Referee does therefore conclude that the above entitled application should be granted and that 0.05 cubic foot of water per second of time is hereby awarded to Charley Mobley Spring, for domestic and livestock water uses, with appropriation date of the 1st day of September, 1979, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the i integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. It is accordingly ORDERED that his ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37 -92 -304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this Z day ofIpj7��___ No Protett VM filed in this matter The 10noWng ruling is confirmeci 4AWOV0, and is made tint dDqprisof thiscou _2.. BY THE REFEREE: Rte+ er eferee ater Division No. 5 State of Colorado r r f i t t� ti ... ..... ,. �., ..tie •. IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. 84CW286 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF HERBERT L. JOLLEY IN THE WHITE RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: THIRTEENMILE CREEL{ IN GARFIELD COUNTY C P 2 919 STATE OF COLtC RADC} a WA R C RK. BY DEPUTY RULING OF REFEREE The above entitled application was filed on July 16, 1980, and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 12th day of August, 1980, in accordance with Article;92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Thirteenmile spring. 3. The name of the claimant and address is Herbert L. Jolley; P.O. Box 148; Rifle, Colorado. 4. The source of the water is a spring tributary to Thirteenmile Creek, tributary to Ficeance Creek, tributary to the White River. 5. The spring is located in the SWaSE4 of Section 2, T. 3 S., R. 94 W. of the 6th P.M. at a point 140 feet north of the South line and 1365 feet west of the East line of said Section 2. 6. The use of the water is domestic and livestock water. 7. The date of initiation of appropriation is June 1, 1936. 8. The amount of water claimed is 0.10 cubic foot of water per second of time, absolute. rV �r f ,r 80CW286 9. The sprang has been developed and the water has been diverted into a stockwater tank. l0. The water was first diverted and applied to beneficial use on June 1, 1936. The Referee does therefore conclude that the above entitled application should be granted and that 0.10 cubic foot of water per second of time is hereby awarded to Thirteenmile Spring, for domestic and livestock water uses, with appropriation date of the lst day of June, 1935, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Divisign Engineer of such priorities and changes of rights in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37 -92 -304 CRS 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this ON day of 1981. No Profit Wft disc! #n this matter Ths f0"NWnd ruling Is confirme(,, And spp OW4. And Is made i, � t dDMC ofthlsCOUr, WATER ,l G E -2- BY THE REFEREE: - S;Z)� eiQ Wate eferee Wate Division No. 5 State of Coloraao IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE. OF COLORADO Application No. 80CW286 IN THE MATTER OF THE APPLICATION y FOR WATER RIGHTS OF ) HERBERT L. JOLLEY y IN THE WHITE RIVER ) OR ITS TRIBUTARIES } TRIBUTARY INVOLVED., FOURTEENMILE j CREEK ) IN GARFIELD COUNTY ] iN WATER URT Division No. 5 0 17 _12 9 � 981 ,EP STATE OF COLORADO W^ ER .CLJERK BY ❑ k7L y 1 RULING OF REFEREE The above entitled application was filed on July 16, 1980, i and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 12th day of August, 1980, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the application are true and having become fully advised with respect to the subject matter of the application does hereby make the ,following determination and ruling as the Referee in this matter, to-wit: I. The statements in the application are true. 2. The name of the structure is Picnic Spring, 3. The name of the claimant and address is: Herbert L. Jolley; P.O. Box 148; Rifle, Colorado, 4. The source of the water is a spring tributary to Fourteenmile Creek, tributary to Piceance Creek, tributary to the White River. 5. The spring is located in the SW4NE4 of Section 12, T. 3 S.-, R. 94 W. of the 6th P.M. at a point 1,400 feet south of the North line and 1,807 feet west of the East line of said Section 12. 6. The use of the water is domestic and livestock water. 7. The date of initiation of appropriation is June 1, 1936. 8. The amount of water claimed is 0.10 cubic ,foot of water per second of time, absolute. --1- mJ Y. 9 . The spring has been developed and the waiter hail: ` been'.:::; °.'i..=_ diverted into a stock water tank. lo. The water was first diverted and applied to beneficial use on June 1, 1936. The Referee does therefore conclude that the above entitled application should be granted and that 0.10 cubic foot of water per second of time is hereby awarded to Picnic Spring, for domestic and livestock water uses, with appropriation date of the 15t day of June, 1936, absolutely and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by Division Engineer of such priorities and changes of rights in accordance with law. It is accordinly ORDERED that this ruling shall be filed with the plater Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37 -92 -304 CRS�1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 9 day of v 1981. No protest was filed in this matter The foregoing ruling is confirmed and approved, and Is made the Juftflf"t a Decregot thiscmin' DOW: Z � TER JU k r IWZ BY THE REFEREE: W r Referee Water Division Na. S State of Colorado t DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO Case No. 95 CW 199 RULING OF REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF TERESA ANN POTTER, IN RIO BLANCO COUNTY. The within Application was filed on September 29, 1995, by the Applicant, TERESA ANN POTTER. The Application requests a finding of reasonable diligence for the water rights as listed in the Application, and for absolute water right. This Application comes before the Referee for determination and ruling in accordance with Article 92 of Chapter 37, Colorado Revised Statutes, 1973, known as the Water Right Determination and Administration Act of 1959. The Referee, having made such investigations as are necessary to determine whether or not the statements in the Application are true, and having become fully advised with respect to the subject matter, does hereby make the following determination and ruling of Referee in this matter, to wit: 1. The name and address of the Applicant is: Teresa Ann Potter P. O. Box 148 Rifle, CO 81654 c/o Russell George, Esq. STUVER & GEORGE, P.C. P. O. Box 907 Rifle, CO 81550 1 The name, date of the original decree, case numbers, location, appropriation date, decreed amount and decreed use of the subject water rights are: A. • Name: Whiskey Spring Date of original Decree: November 2, 1981 RE'C7- F ^R 1 4 199 4 - � t i A Water Division Pia. 5 Ruling of Refeme Caw No. 95 CW 199 page 2 Case No.: 80 CW 286, Water Division No. 5, Garfield County District Court. B. Location: The spring is located in the SWI /4NE' /a of Section 35, Township 2 South, Range 94 West of the 6th P.M., at a point 1850 feet South of the North line and 1540 feet West of the East line of said Section 35. C. Appropriation Date: July 16, 1980 for .25 cubic foot water per second of time for domestic and livestock purposes. White River. 3. The source of water is a spring tributary to Flag Creek, tributary to the 4. The statements in the application are found to be true. 5. Timely and adequate notice of the filing of the Application was given as required by law. 6. No statements of opposition have been filed in this case and the time for filing a statement of opposition has expired. 7. The Division Engineer's office completed its summary of consultation on August 15, 1995, and Applicant has complied with the recommendations contained thereon. 8. Applicant claims she has been reasonably diligent in the development of the above- described water rights and claims to make the above - described water rights absolute. 9. In support of this Application, the Applicant has submitted a statement of work performed and the expenditures made during the last diligence period and the amount of water put to beneficial uses. 10. The Court is asked to make the entire 15 c.f.s. absolute for livestock watering purposes and to retain the domestic use as conditional. The Referee does therefore conclude that the within Application should be granted and finds, determines and rules as follows: 1. The above and foregoing findings of fact are incorporated in this Ruling. ff Water Diwion No, 5 Ruling of Refercc Case No. 95 CW 199 Page 3 2. The conditionally decreed water right described above is hereby made absolute for .25 c.f.s. for livestock watering purposes. The domestic use of the above .25 c.f.s. shall remain conditionally decreed. 3. Applicant shall file an application for six (6) ar finding of reasonable Aei.n the evelopmeIlt of said rights hereto in , 203, and in of every sixth calendar year thereafte so long as the Applicant desires to m said conditional water rights or until a determination has been made that said Condition water rights have become absolute by reason of the completion of the appropriation. It is accordingly ordered that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ordered that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. DATED: _/,V /� J� Copy of the foregoing d to all Counsel of record-- L'Nater Referee, -- -Div. Engineer and State nginaer -k6ate /G D'" Clerk W'yw AT•. No 5 BY THE REFEREE: ROBERT C• C3 R RefereelMagistrate Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. BY THE COURT: Water Judge Water Division No. 5 Ruling of Referee Case No. 95 CW 199 Pago 3 2. The conditionally decreed water right described above is hereby made absolute for .25 c.f.s. for livestock watering purposes. The domestic use of the above .25 c1s. shall remain conditionally decreed. 3. Applicant shall file an application for six (6) year finding of reasonable diligence in the development of said rights hereto in APItTL , 2003, and in APRIL of every sixth calendar year thereafter so long as the Applicant desires to maintain said conditional water rights or until a determination has been made that said condition water rights have become absolute by reason of the completion of the appropriation. It is accordingly ordered that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ordered that a copy of this Ruling shall be filed with the appropriate Division Engin and the State Engineer. DATE c / � '? BY F V. Copy of the fore901 mailed to a €! Counsel. of record--- ate Referee,- --Div. E 89r a d ate e£eree Sta Engineer -Date Water Division No. 5 State of Colorado 14-W Dkr N15.6 No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. CERTIFIC,,t I C °rdty ...:s Fo-. ''rig ka, . Thi r! Cdr BY THE COURT: �. gaterJudge ,:�:> �/7- UPECEIVED APR 1 1 1997 GOO P17 DISTRICT COURT, WATER DIVISION 5, GARFIELD COUNTY, COLORADO Court Address: 109 Eighth Street, Suite 104 Glenwood Springs, Colorado 81601 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Samuel B. Potter and Teresa A. Potter, in the White River and its tributary Flag Creels, in Garfield and Rio Blanco Counties ■ COURT USE ONLY ■ STUVER & LEMOINE, P.C. Case No. 99CW 157 Thomas W. Stiuver - # 1411 Daniel D. LeMoine - 425719 Attorneys for Applicant 120 West Third Street Div: A Rifle, CO 81650 Telephone: (970) 625 -1887 Ctrm: Fax: (970) 625 -4448 FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING OF REFEREE, AND JUDGMENT AND DECREE The above- entitled Application was filed on July 3 4, 1999. The Application was referred to the Water Referee for Water Division No. 5, State of Colorado, by the Water .Fudge of said Courtin accordance with Article 92 of Chapter 37, C.R.S. 1973, known as the Water Right Determination and Administration Act of 1969. The Water Referee, having made such investigations as are necessary to determine whether the statements in the Application are true, and having become fully advised with respect to the subject matter of the Application, does hereby make the following Findings of Fact, Conclusions of Law, and Ruling of the Referee in this matter, to -wit: Ruling of Referee, and Judgment and Decree [n re the Application of. Patter Case No. 99Cw157 Page 2 FTNDiNGS OF FACT 1. The name and address of the Applicant is: Samuel B. Potter and Teresa A. Potter P. 0. Box 148 Rifle, CO 81650 Telephone: 970 -625 -2192 Represented in this case by: Stuver and LeMoine, P.C. (Successor to Stuver & George, P.C.) Thomas W. Stuver P. O. Box 907 Rifle, CO 81650 Telephone: 970 - 625 -1887 2. Timely and adequate notice of the filing of the Application was given as required by law. 3. A Statement of Opposition was filed in this matter by .tarries Ritchie. The time for filing Statements of Opposition has expired. Settlement has been reached with James Ritchie as evidenced by the pleadings filed with the Court in this case. Said Statement of Opposition has been withdrawn subject to stipulated conditions set forth in this Ruling, Judgment and Decree. 4. The Applicant requested approval of an Application for Change of Water Rights, as follows: a. Decreed name of structure for which change is sought: Whiskey Spring b. From previous decrees: (1) Date Entered: March 10, 1997 Case No.: 9 5C 199 District Court, Water Division No. 5, Colorado (2) Date Entered: November 29, 1989 Case No.: 89CW163 District Court, Water Division No. S, Colorado (3) Date Entered: December 19, 1985 Case No.: 85CW246 Ruling of Rcferec, and Judgment and Decree In re the Application of: Potter Cast iNo. 99Cw157 Page 3 District Court, Water Division No. 5, Colorado (4) Date Entered: September 29, 1981 Case No.: 80CW286 District Court, Water Division No. 5, Colorado c. Decreed point of diversion: The erroneous previously decreed point of diversion indicated that the spring is located in the SWI /4 NE °I4 of Section 35, T. 2 S., R. 94 W. of the 6" P.M. at a point 1850 feet South of the No rth line and 1540 feet West of the East line of said Section 3 5. The correct legal description places this spring in SEf /4 NW' /4of Section 1, T. 3 S., R. 94 W. of the 6" P.M. in Garfield County, Colorado; the spring is at a point from which a stone at the North' /4 corner of said Section 1 bears North 11 degrees 04 minutes 46 seconds East a distance of 1578.99 feet, d. Source: spring tributary to Flag Creek, tributary to the White River. e. Appropriation Date: July 16, 1980, for .25 cubic feet of water per second of time for domestic and livestock purposes. f. Historic use: the water has been used for livestock watering purposes, which use was trade absolute in 95CW199. The domestic use remains conditionally decreed. g. Proposed changes: to correct the legal description. It is believed that the spring which is the subject of the prior applications is the same spring being identified in this Application as Whiskey Spring. Investigation has failed to reveal when and why the mistaken description was created and used and not discovered until a surveyor was retained to perform the work relied on in the Application. No spring has been found at the location of the legal description contained in the earlier decrees. This is the reason for seeking correction rather than alternate point of diversion. Second change is to add fire protection, wildlife, irrigation, and hydroelectric uses, and to fill and refill Whiskey Spring Reservoir when in priority, with an appropriation date of July 30, 1999 and an adjudication date of December 31, 1999, h. Names and addresses of owners of land on which structures are located: the Applicants own the land on which the corrected description place Whiskey Spring. The erroneous legal description is on public land. 5. The Applicant requested approval of an Application for Water Storage Right as follows: a. Name of Reservoir: Whiskey Spring Reservoir b. Legal description: the reservoir is in SW' /4 NWt /4 of Section 1, T. 3 S., R. 94 W. of the Ruling of'Rcfi:ree, and Judgment and Decree In re the Application af. Pntter Case No. 99CW157 Page 4 6`h P.M., in Garfield County, Colorado; the overflow pipe of the reservoir is at a point from which a stone at the North '/z corner of said Section 1 bears North 44 degrees 46 minutes 19 seconds East a distance of 2520.22 feet. c. Source: The reservoir is on- channel downstream from various springs which form this headwater branch of Flag Creek. d. Date of appropriation. rune 1, 1996. e. How appropriation was initiated: upgrading beaver dam by completion of construction of non jurisdictional dam, installation of outlet works and impoundment of water. f. Water has been impounded for many years by beavers. No water has been diverted for any purpose out of the reservoir at this time. Piscatorial, recreation, fire protection and aesthetic uses have been ongoing since impoundment. g. Amount claimed: (1) 8.5 acre feet absolute. h. Use: The stored water will be used for domestic (includes irrigation of garden and landscaping), recreational, piscatorial, fire protection, aesthetic, augmentation, livestock watering, hydroelectric, wildlife, irrigation, filling and refilling any beaver ponds or other impoundments to be constructed downstream from this reservoir. i. Surface area ofhigh water line :.85 acre; maximum height of dam is 10 feet; length of dam is 150 feet. j. Total capacity of reservoir in acre feet: 8 acre feet of active capacity. One -half acre foot dead storage. lc. The land on which the reservoir is located and on which the water will be used is all owned by the Applicants. 6. The Applicants requested approval of an Application for Alternate Point of Diversion as follows: All information relating to Whiskey Spring as set forth above applies to this alternate point of diversion. The proposed change is to provide for an alternate point of diversion a distance downstream from Ruling of Referee, and Judgment and Decree In re the Application of: Potter Case No. 99C:W 157 Page 5 Whiskey Spring for purposes of diverting water into a pipeline to be used to provide all beneficial uses to buildings and lands owned by Applicants located a short distance from the point of diversion. The legal description of this alternate point of diversion is a point in the SE 1/t NW' /4 of Section 1, T. 3 S., R. 94 W. of the 6" P.M. in Garfield County, Colorado, from which a stone at the North '/4 corner of said Section 1 bears North 27 degrees 17 minutes 43 seconds East a distance of 1868,15 feet. This structure will be called "Whiskey Spring Alternate Point." CONCLUSIONS OF LAW 7. The Application fled herein is complete, covering all applicable matters required under C.R.S. §37 -92 -302. 8. All notices required by law have been given, and no further notice need be given. 9. The Court has jurisdiction of this matter and of all persons, whether they have appeared or not. C.R.S. §37- 92- 301(2) and - 303(1). 10. The Court has authority to grant the water rights requested in the Application. C.R.S. §37 -92- 301(2), -302 and - 303(1). RULING OF REFEREE 11. The foregoing Findings of Fact and Conclusions of Law are incorporated as if fully set forth herein. 12. The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, hereby concludes that the water rights requested herein, all as more fully set forth above, are hereby GRANTED, as modified by and subject to the following conditions: a. The proposed change to correct the legal description of Whiskey Spring as set forth above is approved. This change includes the absolute decree for livestock watering and the conditional decree for domestic use adjudicated in 95CW199 as well as the conditional uses which follow, Ruling of Referee, and Judgment and Decree In re the Application of: Potter Case No. 99CW157 Page G b. The requested uses of Whiskey Spring for piscatorial, storage, aesthetic and recreation are not granted. Whiskey Spring shall be conditionally decreed as the source to fill and refill Whiskey Spring Reservoir, and for fire protection; wildlife, irrigation, and hydroelectric uses. These conditional uses are granted with an appropriation date of July 30, 1999 and adjudication date of December 31, 1999. c. The uses of piscatorial, recreation, aesthetics and fire protection are granted to Whiskey Spring Reservoir as absolute uses with an appropriation date of .tune 1, 1995. The proposed uses of the Whiskey Spring Reservoir for augmentation and the filling and refilling of beaver ponds or others impoundment downstream from the reservoirs as requested in the Application are not granted. The remaining uses applied for including domestic, irrigation, livestock watering, hydroelectric, and wildlife are hereby decreed conditionally, with appropriation date of July 30, 1999 and adjudication date of December 31, 1999. d. The alternate point of diversion shall be known as Whiskey Spring Alternate Point and shall be limited to the amount available in priority to the original right at the original point of diversion (less amounts simultaneously diverted at the original point of diversion). Uses at the alternate point of diversion shall be clearly identified, limited to those decreed for Whiskey Spring and shall have the same decree and appropriation dates as Whiskey Spring. 13. Applicant shall file an application for six year finding of reasonable diligence in the development of the above conditional rights in , and every sixth calendar year thereafter so long as the Applicant desires ta-"maintain said conditional water rights or until a determination has been made that said condii1onal water rights have become absolute by ,reason of the completion of the appropriation. 14. The Referee does further conclude that such rights are SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes or rights in accordance with law. review. It is ORDERED that this Ruling shall be fled with the Water Clerk subject to Judicial Ruling oIReferee, and Judgment and oecree In re the Application of: Potter Case No. 99C%VI57 Page 7 It is further ORDERED that a copy of thi's Ruling shall be filed with the Division Engineer for Water Division No. 5 and with the State Engineer. Dated this A3k6day of - . - IV ., 2001. Copy Qf the forego mailed to aH Counsel of record- -Wate� Referee,- - -div. Erilneer -an State Lr'.�i..., r ' -oaa DOMW C*AZ war« otr. M06 a B a REFEREE: Water Referee ✓ Water Division No. 5 State of Colorado JUDGMENT AND DECREE No protest was filed in this matter, and accordingly, the foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court. Dated this / day of , 2001. 010PY ;ot th'! ?�..�„r, 14 rnallad to RM QQ[3R5�� V .':.cif +� � ', � •,rs -} r rllpury Clark, cin uiv. Nu. S i Appro�ed as to form and content. STUVER & LeMOINE. P 41torneys for Applicant 120 West Third Street Rifle, Colorado 81650 Telephone: (970) 625 -1887 Fax: . (970) 625 -4448 Wi ater Judge —� Approved as to form and content. &G Lori J.M. Satter ict #23380 Attorneys for 0 - or P.O. Drawer 790 Glenwood Springs Colorado 81602 Telephone: (970) 945 -6546 Fax: (970) 945 -8902 STUVER, LEMOINE & BURWELL, P.C. ATTORNEYS AT LAW $20 WEST THIRD STREET P. b. 13OX 907 RIFLE, COLORADO 81650 THOMAS W. STUVER DANIEL D. L£MOtNE BARBARA C. BURWELL September 17, 2004 ** HAND DELIVERY ** Garfield County Building & Planning Dept. 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 TELEPHONE 970 - 625.1087 FAX 970 - 625-4446 '.L/ 'I'VEly SEP 2 0 2004 BUILDING & PLANNING RE: JOLLEY- POTTER RANCHES, LLC SPECIAL USE PERMIT APPLICATION Enclosed please find duplicate originals of a Special Use Permit Application submitted on behalf of Jolley- Potter Ranches, LLC, together with Jolley- Potter Ranches check #3079 in the amount of $400 payable to Garfield County for the cost of processing and reviewing the application. Please advise us immediately if the application is technically deficient in any way. We believe that, given the nature of the special use applied for and its minimal impact upon other private or public lands, the granting of the permit should be considered by the County Commissioners without referral to the County Planning Commission. As soon as you advise us the application is technically compliant and that a hearing has been scheduled before the County Commissioners, we will proceed with issuing the appropriate notices of hearing. Very truly yours, STUVER, I.eMO1NE BURWELL, P.C. on s der 1'WS:skl Enclosures pc n lcopr of enc.: Sant and Teresa Potter 'ti?tc 00 4�,1,o . J©LLEY- POTTER RANCHES 1© -71152 :307 9 0598 ROAD 323, BOX 148 PH. 970 -625 -2882 T1020 3Q1 RIFLE, CO 81650 Date Pay to the j Order of ---i f Wells Fargo Bank NA Rifle 1542 Uiroad Ave. aslaoyo.cnm 1s1020000761:7048 24 5 30 11■ 03079