HomeMy WebLinkAboutDirector's Decision 08.14.2012August 14, 2012
Mr. and Mrs. Sam Potter
Jolley -Potter Ranches, LLC
0598 County Road 323
Rifle, CO 81650
Garfield County
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) As per the 2009 IFC and NFPA 96, an ansul 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 11 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 303-692-3624.
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►'Iding and Planning Department
frediarman@garfield-countv.com
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)
Garfield County
Building and Planning Department
108 8m Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-countv.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
❑ Administrative Review
❑ Limited Impact Review
❑ Major Impact Review
I!3 Amendment to an Approved LUCP
❑ Minor Temp. Housing Facility
❑ Vacation of County Road/Public ROW
❑ Location and Extent Review
❑ Development in Floodplain
❑ Designation of Flood Fringe/Floodway
❑ Rezoning
❑ PUD Zoning
❑
ULUR Text Amendment
❑ Pipeline Development
❑ Comprehensive Plan Amendment, Minor
❑ Comprehensive Plan Amendment, Major
❑ Appeal of Admin. Interpretation
❑ 1041 Regulations
❑ Variance
INVOLVED PARTIES
Owner/Applicant
Name: Potter Jolley-Rartcties, LLC
Phone: ( 970 ) 625582
Mailing Address: P. 0. Box 148
City: Rifle State: CO Zip Code: 81650
E-mail:
Representative (Authorization Required)
Name: Mr. and Mrs. Sam Potter Phone: ( 970 ) 625-2882
Mailing Address: 0598 County Road 323
City: Rifle
E-mail: samisbmo7@gmail.com
State: CO Zip Code: 81650
PROJECT NAME AND LOCATION
Project Name:
Potter -Jolley Ranch Resort (Special Use Permit Amendment)
Assessor's Parcel Number: 1 8 7 7_ 0 2 g_ 0 0. 0 2 4
Physical/Street Address: 17764 County Road 252
Legal Description: Section: 2 Township: 3 Range: 94 SW1/4NW1/4 AND NW1/4SW1/4 OF SEC 1.
THAT PART OF THE SE1/4NE1/4 OF SEC 2 LYING EASTERLY OF THE CENTERLINE OF COUNTY ROAD NO 252
Zone District: Rural
Property Size (acres): 175 acres
PROJECT DESCRIPTION
I Existing Use: Resort/ Guest Ranch approved as a Special Use Permit by the Garfield Counly Bard of County Commissioners memorialized in Resolution 2005-23.
Proposed Use (From Use Table 3-S03): No Change to existing and permitted "Resort / Guest Ranch"
Description of Project: Request to amend the Special Use Permit approvals to eliminate condition no. 12 of Resolution 2005-23
which would remove the prohibition for a solid fuel fire places in the Resort / Guest Ranch.
REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
Section: Section:
Waiver of Standards
❑ The Applicant is requesting a Waiver of Standards per Section 4-117. List:
Section: Section:
Section: Section:
I have read the statements above and have provided'thc
correct and accurate to the best of my knowledge.
Signature of Property Owner
N
yCl2
acch formation which is
Date
OFFICIAL USE ONLY
File Number:____ ____ Fee Paid: $
STATEMENT OF AUTHORITY
Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of
a (corporation, limited
liability company, general partnership, registered limited liability partnership, registered limited liability
limited partnership, limited partnership association, government agency, trust or other), an entity other
than an individual, capable of holding title to real property (the "Entity"), and states as follows:
The name of the Entity is
and is formed under the laws of
The mailing address for the Entity is
The name and/or position of the person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the Entity is
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity are as follows (if no limitations, insert "None"):
ther matters concerning the manner In wtach-the-Entity deals-witli any interestiwreal properly are-fif
no other matter, leave this section blank):
EXECUTED this day of
Signature:
Name (printed):
Title (if any):
20
STATE OF
)SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20_
by , on behalf of , a
Witness my hand and official seal.
My commission expires:
(Date) (Notary Public)
[SEAL]
David Bartholomew
From: Sam Potter [samisbmo2@hughes.net]
Sent: Saturday, August 11, 2012 10:06 AM
To: architects@williamlukes.com; ashbydrilling@comcast.net; barblenard@hotmail.com;
erhenning@hotmail.com; erhenning@hotmail.com; bobschilling@juno.com;
butch@valleylumber.com; brucewampler@gmail.com; Brad.Moss@wpxenergy.com;
sbennett@blm.gov; millscpa@rof.net; wfw1153@aol.com; brigit@canyonagency.com;
bearcreeklodge@yahoo.com; Mark.Clarke@ucdenver.edu; ckouray@yahoo.com;
cetap@cox.net; chris@coloradorivereng.com; cwbyerrum@willowwisp.net; qchris82
@yahoo.com; dean@rbcabstract.com; David Bartholomew; dan@baldricaco.com;
dmurray@grhd.org; dhdharrison@hotmail.com; allenpc@co.lar!mer.co.us; danddsl7
@comcast.net; dirthoe@msn.com; dnauroth@sporis.net; Dahlin@wellsfargo.com;
ed@ommpc.com; Edward.Rubin@state.co.us; erhenning@hotmail.com;
Bailey.Franklin@state.co.us; George@strongbuiltlogandlbr.com; Russell.George@cncc.edu;
Halandras@yahoo.com; hutton6@sopris.net; heather@rifleanimalshelter.org;
Healthyhighsunlimited@hotmail.com; thodgers@msn.com; Hpbigun@aol.com; jdh1981
@hotmail.com; water@wdwcd.org; calaway@comcast.net; jannhatl@aol.com;
johnbscalzo@comcast.net; jmaddock@sopris.net; ksundeen@grandriver.us;
kpotmac@yahoo.com; coueyranch@live.com; Kyle@coloradorivereng.com;
kmendonc@blm.gov; laurenpearlpotter@yahoo.com; Lillian.L.Dahl!n@wellsfargo.com;
Mark.Clarke@ucdenver.edu; maratrax@healthquotes.com; mpastore@grandriver.us;
trimblemary7@gmail.com; dmurray@grhd.org; melissa.l.guillen@cummins.com;
Brad.Moss@wpxenergy.com; kmendonc@blm.gov; martie1104@gmail.com;
mwk@westwaterco.com; SMcNally@kotzsangster.com; mwisdom@grhd.org;
michelelenard@sopris.net; nicecatlady@yahoo.com; Samuel.PotterIll@wpxenergy.com;
pshull@deneuveconstruction.com; pmaly@jpmspro.com; pmueller@comcast.net;
penny@canyonagency.com; paralaw@riflelaw.com; gchris82@yahoo.com;
Edward.Rubin@state.co.us; randy@righthandeng.com; rjzane@rof.net;
ryan@sprucecreekmultimedia.com; rcozza1930@gmail.com; righthandeng@gmail.com;
Russell.George@cnceedu, RobTMartindale@DOT.STATECO.US, samisbmo7@gmail.com,
samisbmo6@hughes.net; Samuel,Potterlll@wpxenergy.com; swartzbill2000@yahoo.com;
shalandras@wreawildblue.org; sbennett@blm.gov; SMcNally@kotzsangster.com;
tstuver@riflelaw.com; tbenton@grandriver.us; trimblemary7@gmail.com;
tedvclark@msn.com; triflestuver@aol.com; triflestuver@msn.com; tawnyh@bankmvb.com;
thodgers@msn.com; tmcclure@passl.net; parsleyl@aol.com;
wmorgan@morganandburt.com; WAGGENERS@aol.com; water@wdwcd.org;
wwtrimble@yahoo.com; wfw1153@aol.com; zanella@rof.net
Cc: samisbmo7@gmail.com; samisbmo6@hughes.net;'Sam Potter'
Subject: New email address
Sorry for the typo! This is a gmail address, no 8 in it.:samisbmo7@gmail.com
i
David Bartholomew
From: Andy Schwaller
Sent: Wednesday, August 22, 2012 10:34 AM
To: David Bartholomew
Subject: FW: Potter Pavilion Response
Be sure to redline the rafter venting if you have not already.
Thanks
From: Chris K [mailto:ckouray@yahoo.com]
Sent: Monday, August 20, 2012 10:46 AM
To: Andy Schwaller
Subject: Re: Potter Pavilion Response
Thanks Andy
Mr. Potter is still tossing & turning about the Kitchen revision. I told him he can do anything he wants to in
there without any heating elements (lol)... so we'll see what the final configuration will be.
That'd be great if you would redline the 1 -hour walls & 30 -minute doors I'm pretty sure the location of
theose articles won't change (geesh)
I'm "assuming" the roof purlins (rafters) would be a vented system but I'll ask the contractor what he was
thinking
Happy Monday
Chris
From: Andy Schwaller<aschwaller@garfield-county.com>
To: Chris K <ckouravvahoo.com>
Cc: David Bartholomew <dbartholomew(cr�garfield-county.com>
Sent: Monday, August 20, 2012 8:19 AM
Subject: RE: Potter Pavilion Response
Thanks Chris. We can redline the sleeping room wall separations and fire rated doors. Is the roof a vented rafter system?
I will forward to David and we will get the amendments back out this week.
Andy
From: Chris K [mailto:ckourayAyahoo.com]
Sent: Monday, August 20, 2012 7:54 AM
To: Andy Schwaller
Cc: samisbmo6 a,hughes.net; David Bartholomew; Terri Potter
Subject: Potter Pavilion Response
Hi Andy
Here is my response.
1
Any questions, feel free to contact me
Christopher Krabacher
(970) 243-3587
From: Andy Schwaller <aschwaller@,garfield-county.com>
To: Chris K <ckouray@yahoo.com>
Cc: David Bartholomew <dbartholomew@garfield-county.com>
Sent: Thursday, August 16, 2012 11:04 AM
Subject: RE: Sec 420
It would appear that only 907.2.11.2 similar to single family smoke alann lay -out would be required unless the 2009 IFC
says something different. The Fire District will sign off on the alarm system. Getting them up to speed earlier rather than
later might be a good option.
From: Chris K [mailto:ckouray@yahoo.com]
Sent: Thursday, August 16, 2012 10:16 AM
To: Andy Schwaller
Subject: Re: Sec 420
Yeah... looking -up info in Chapter Nine was fun.... looks like Sam will be required to put -in Emergency signage
per 907 (& all the bells, gongs & whistles).
But 508 does give the release based on the mixed use not coming close to exceeding square footage or stories.
What troubles me is that 508 references 420...which means we're back to separation exceeding the nominal 1 -
hour or am I reading the "thou shalts" wrong?
Off to move a bed -frame for a daughter (I find it a good thing to back away from the desk & do some other
activity during the day or the whole body gets cranked into one position too long)
Thanks for the information
Chris K
From: Andy Schwaller <aschwaller@garfield-county.com>
To: "ckouray@yahoo.com" <ckouray@yahoo.com>
Sent: Thursday, August 16, 2012 9:49 AM
Subject: Sec 420
I swear. They just change the code every 3 years just to sell more books. Not too big of a deal for our use
since we skip every cycle and only change every 6 years. For you guys, you end up having to buy every edition
just because you work in more than one jurisdiction.
SECTION 420
GROUPS 1-1, R-1, R-2, R-3
420.1 General. Occupancies in Groups I-1, R-1, R-2 and R-3
shall comply with the provisions of this section and other applicable
provisions of this code.
420.2 Separation walls. Walls separating dwelling units in the
same building, walls separating sleeping units in the same
building and walls separating dwelling or sleeping units from
other occupancies contiguous to them in the same building
shall be constructed as fire partitions in accordance with Section
2
709.
420.3 Horizontal separation. Floor assemblies separating
dwelling units in the same buildings, floor assemblies separating
sleeping units in the same building and floor assemblies
separating dwelling or sleeping units from other occupancies
contiguous to them in the same building shall be constructed as
horizontal assemblies in accordance with Section 712.
SECTION 709
FIRE PARTITIONS still refers to 420... in which case we're back to 2 -hour assemblies
709.1 General. The following wall assemblies shall comply
with this section.
I. Walls separating dwelling units in the same building as
required by Section 420.2.
2. Walls separating sleeping units in the same building as
required by Section 420.2.
3. Walls separating tenant spaces in covered mall buildings
as required by Section 402.7.2.
4. Corridor walls as required by Section 1018.1.
5. Elevator lobby separation as required by Section
708.14.1.
709.2 Materials. The walls shall be of materials permitted by
the building type of construction.
709.3 Fire -resistance rating. Fire partitions shall have a
fire -resistance rating of not less than 1 hour.
Exceptions:
1. Corridor walls permitted to have a 1/2 hour fire -resistance
rating by Table 1018.1.
2. Dwelling unit and sleeping unit separations in buildings
of Type IIB, 111B and VB construction shall have
fire -resistance ratings ofiWtithan 1/2 hour in
buildings equipped throughout with an automatic
sprinkler system in accordance with Section
903.3.1.1.
709.4 Continuity. Fire partitions shall extend from the top of
the foundation or floor/ceiling assembly below to the underside
of the floor or roof sheathing, slab or deck above or to the
fire -resistance -rated floor/ceiling or roof/ceiling assembly
above, and shall be securely attached thereto. If the partitions
are not continuous to the sheathing, deck or slab, and where
constructed of combustible construction, the space between the
ceiling and the sheathing, deck or slab above shall be
fireblocked or draftstopped in accordance with Sections 717.2
and 717.3 at the partition line. The supporting construction
shall be protected to afford the required fire -resistance rating
of thewall supported, except for walls separating tenant spaces
in covered mall buildings, walls separating dwelling units,
walls separating sleeping units and corridor walls in buildings
of Type IIB, MB and VB construction.
Exceptions:
1. The wall need not be extended into the crawl space
below where the floor above the crawl space has a
minimum 1 -hour fire -resistance rating.
2. Where the room -side fire -resistance -rated membrane
of the corridor is carried through to the underside of
the floor or roof sheathing, deck or slab of a fire -resistance -
rated floor or roof above, the ceiling of the corridor
shall be permitted to be protected by the use of
ceiling materials as required for a 1 -hour fire -resistance -
rated floor or roof system.
3. Where the corridor ceiling is constructed as required
for the corridor walls, the walls shall be permitted to
terminate at the upper membrane of such ceiling
assembly.
4. The fire partitions separating tenant spaces in a covered
mall building, complying with Section 402.7.2,
are not required to extend beyond the underside of a
ceiling that is not part of a fire -resistance -rated assembly.
A wall is not required in attic or ceiling spaces
above tenant separation walls.
5. Fireblocking or draftstopping is not required at the
partition line in Group R-2 buildings that do not
exceed four stories above grade plane, provided the
attic space is subdivided by draftstopping into areas
not exceeding 3,000 square feet (279 m2) or above
every two dwelling units, whichever is smaller.
6. Fireblocking or draftstopping is not required at the
partition line in buildings equipped with an automatic
sprinkler system installed throughout in accordance
with Section 903.3.1.1 or 903.3.1.2, provided that
automatic sprinklers are installed in combustible
floor/ceiling and roof/ceiling spaces.
709.5 Exterior walls. Where exterior walls serve as a part of a
required fire -resistance -rated separation, such walls shall comply
with the requirements of Section 705 for exterior walls, and
the fire -resistance -rated separation requirements shall not
apply.
Exception: Exterior walls required to be fire -resistance
rated in accordance with Section 1019.2 for exterior egress
balconies, Section 1022.6 for exit enclosures and Section
1026.6 for exterior exit ramps and stairways.
709.6 Openings. Openings in a fire partition shall be protected
in accordance with Section 715.
709.7 Penetrations. Penetrations of fire partitions shall comply
with Section 713.
709.8 Joints. Joints made in or between fire partitions shall
comply with Section 714.
709.9 Ducts and air transfer openings. Penetrations in afire
partition by ducts and air transfer openings shall comply with
Section 716.
SECTION 712
HORIZONTAL ASSEMBLIES
712.1 General. Floor and roof assemblies required to have a
fire -resistance rating shall comply with this section.
Nonfire-resistance-rated floor and roof assemblies shall comply
with Section 713.4.2.
712.2 Materials. The floor and roof assemblies shall be of
materials permitted by the building type of construction.
712.3 Fire -resistance rating. The fire -resistance rating of
floor and roof assemblies shall not be less than that required by
the building type of construction. Where the floor assembly
separates mixed occupancies, the assembly shall have a
fire -resistance rating of not less than that required by Section
508.4 based on the occupancies being separated. Where the
floor assembly separates a single occupancy into different fire
areas, the assembly shall have a fire -resistance rating of not
less than that required by Section 707.3.9. Horizontal assemblies
separating dwelling units in the same building and horizontal
assemblies separating sleeping units in the same
building shall be a minimum of 1 -hour fire -resistance -rated
construction.
4
Exception: Dwelling unit and sleeping unit separations in
buildings of Type IIB, IIIB and VB construction shall have
fire -resistance ratings of not less than 1/2 hour in buildings
equipped throughout with an automatic sprinkler system in
accordance with Section 903.3.1.1.
712.3.1 Ceiling panels. Where the weight of lay -in ceiling
panels, used as part of fire -resistance -rated floor/ceiling or
roof/ceiling assemblies, is not adequate to resist an upward
force of 1 pound per square foot (48 Pa), wire or other
approved devices shall be installed above the panels to prevent
vertical displacement under such upward force.
712.3.2 Access doors. Access doors shall be permitted in
ceilings of fire -resistance -rated floor/ceiling and roof/ceiling
assemblies provided such doors are tested in accordance
with ASTM E 119 or UL 263 as horizontal assemblies and
labeled by an approved agency for such purpose.
712.3.3 Unusable space. In 1 -hour fire -resistance -rated
floor assemblies, the ceiling membrane is not required to be
installed over unusable crawl spaces. In 1 -hour fire -resistance -
rated roof assemblies, the floor membrane is not
required to be installed where unusable attic space occurs
above.
712.4 Continuity. Assemblies shall be continuous without
openings, penetrations or joints except as permitted by this section
and Sections 708.2, 713.4, 714 and 1022.1. Skylights and
other penetrations through a fire -resistance -rated roof deck or
slab are permitted to be unprotected, provided that the structural
integrity of the fire -resistance -rated roof assembly is
maintained. Unprotected skylights shall not be permitted in
roof assemblies required to be fire -resistance rated in accordance
with -Section 704.10:The supporting construc it on shall
be protected to afford the required fire -resistance rating of the
horizontal assembly supported.
Exception: In buildings of Type IIB, IIIB or VB construction,
the construction supporting the horizontal assembly is
not required to be fire -resistance -rated at the following:
1. Horizontal assemblies at the separations of incidental
uses as specified by Table 508.2.5, provided the
required fire -resistance rating does not exceed 1
hour.
2. Horizontal assemblies at the separations of dwelling
units and sleeping units as required by Section 420.3.
3. Horizontal assemblies at smoke barriers constructed
in accordance with Section 710.
712.5 Penetrations. Penetrations of horizontal assemblies
shall comply with Section 713.
712.6 Joints. Joints made in or between horizontal assemblies
shall comply with Section 714. The void created at the intersection
of a floor/ceiling assembly and an exterior curtain wall
assembly shall be protected in accordance with Section 714.4.
712.7 Ducts and air transfer openings. Penetrations in horizontal
assemblies by ducts and air transfer openings shall comply
with Section 716.
712.8 Moor fire door assemblies. Floor fire door assemblies
used to protect openings in fire -resistance -rated floors shall be
tested in accordance with NFPA 288, and shall achieve a
fire -resistance rating not less than the assembly being penetrated.
Floor fire door assemblies shall be labeled by an
approved agency. The label shall be permanently affixed and
shall specify the manufacturer, the test standard and the
fire -resistance rating.
5
712.9 Smoke barrier. Where horizontal assemblies are
required to resist the movement of smoke by other sections of
this code in accordance with the definition of smoke barrier,
penetrations and joints in such horizontal assemblies shall be
protected as required for smoke barriers in accordance with
Sections 713.5 and 714.6. Regardless of the number of stories
connected by elevator shaft enclosures, doors located in elevator
shaft enclosures that penetrate the horizontal assembly shall
be protected by enclosed elevator lobbies complying with Section
708.14.1. Openings through horizontal assemblies shall
be protected by shaft enclosures complying with Section 708.
Horizontal assemblies shall not be allowed to have unprotected
vertical openings.
6