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HomeMy WebLinkAboutResolution 2014-181111 :inslirehM) !SI! 4ll(if illii'1il1/4ti1,li '.1I4F, 11111 ReceptionU: 848252 04/15/2014 04:06:12 PM Jean Alberico 1 of 4 Rei. Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 7th of April A.D. 2014, there were present: John Martin Commissioner Chairman Mike Samson Commissioner Tom Jankovskv (absent) , Commissioner Frank Hutfless County Attorney Kelly Cave Assistant County Attorney Jean Alberico (absent) , Clerk of the Board Andrew Gorget/ , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO a0 - /3 A RESOLUTION OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR A CHURCH FACILITY TO BE LOCATED ON A PARCEL DESCRIBED AS BATTLEMENT MESA TOWN CENTER, FILING 5, BLOCK 3 WITHIN THE MDR ZONE DISTRICT OF TILE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT, GARFIELD COUNTY PARCEL NO# 2407-171-17-001 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Conditional Use Permit request to allow for a Church to be located within the Battlement Mesa Planned Unit Development. B. The Church use is proposed to occur on property legally described as Battlement Mesa Town Center Filing #5, Block 3 as contained in Special Warranty Deed recorded at Reception Number 785364 in the office of the Garfield County Clerk and Recorder. C. The subject property is contained within the Battlement Mesa Planned Unit Development and subject to the PUD zoning approved by the Board of County Commissioners in Resolution Number 82-121, as amended. D. The Battlement Mesa PUD requires a Condition Use Permit for Church in all zone 1 1111 Nell"nt 8 4 8 247�k�' lf,'lIlk'ti �tl �iYi 4'ti1i' ��W �, �I II I Receptionti: zsz of 42014 04:06 12 PM Jean Piberioo 2 2 of Rec Fee:$0.00 Doo Fee:0 00 OPRFIELO COUNTY CO districts within the PUD. E. The Board is authorized to approve, deny or approve with conditions a Conditional Use Permit pursuant to the Zoning Resolution of 1978, as amended by Resolution 79-132, and is further authorized to approve, deny or approve with conditions a Land Use Change Permit pursuant to the 2013 Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 7th day of April, 2014 for consideration of whether the proposed Conditional Use Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 7`s day of April, 2014 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons and upon compliance with the conditions of approval, the Land Use Change Permit for a Church to be located in the MDR zone of the Battlement Mesa PUD is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has adequately demonstrated that the proposed Church is compliant with the requirements of the 1978 Zoning Resolution and Battlement Mesa PUD zoning. 5. That the application is generally consistent with the Garfield County Comprehensive Plan 2030, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 11 NIFSMAIVVIL 441IATkid U iiiiii.sh 11111 Recepti onto: 848252 04/15(2014 04:06:12 PM Jean Alberico 3 of 4 Rec Fee'$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B. The Land Use Change Permit for a Conditional Use Permit for a Church within the Battlement Mesa Planned Unit Development MDR zone district is hereby approved subject to compliance with the following conditions and the site plan attached as Exhibit A: 1. That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. Dated this Al JEST: a Dep 43Clerk of the Board day of Ap f r , A.D. 20 1 y . GARFIELD ,. • NTY BOARD OF COMMISS GARFIELi , COLORADO �NERS, CO Upon motion duly made and seconded the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY egoing Resgln on was adopted , Aye , Aye , Absent STATE OF COLORADO ) )ss County of Garfield ) y e 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 3