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Home My WebLink About3.00 Resolution 2010-53■III M MhiINAWKWI AMINIAt 14, Reception## : 788784 07120/2010 09:92:21 AM Jean Alberioo 1 of 7 Roo Fee:$0.00 Doe 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, Tuesday, the 6th day of July A.D. 2010, there were present: John Martin Commissioner Chairman Mike Samson Commissioner Tresi Hoppt , Commissioner Don DeFord County Attorney Jean Alberico _ , Clerk to the Board Ed Green absent Cognty Manner when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 010 - 5 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, LIPA 6330, FOR A "PLACE OF WORSHIP", LOCATED AT 2730 STATE HIGHWAY 13, RIFLE, CO, AND PROPERTY OWNED BY FAMILY OF FAITH CHURCH OUTREACH, INC., GARFIELD COUNTY PARCEL NO# 2127-313-00-228 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Land Use Change Permit to allow for a Place of Worship. B. The 10.84-acre parcel is located at 2730 State Highway 13, Rifle, CO, and is owned by the Family of Faith Church Outreach, Inc. C. The 10.84-acre parcel is described in the Special Warranty Deed submitted with the application documents and recorded with the County Clerk and Recorders under Reception Number 753930 and is attached hereto as Exhibit A; D. The subject property is contained within the Rural zoning district and a Land Use Change Permit for a "Place of Worship" requires approval of a Limited Impact Review Process by Garfield County. e14- i 1 1111 rd. FMINANMR ON,l4MI'Kl�l+�l��l Ill! Reception#: 788784 07I2012010 09:32:21 AM Jean Alberico 2 of 7 Roo Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for a "Place of Worship" pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened the public hearing on the 6th day of July, 2010 upon the question of whether the Land Use Change Permit application, LIPA 6330, for a "Place of Worship", should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 6th day of July, 2010 to make a final decision. H. 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, the Land Use Change Permit for a "Place of Worship" is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, 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. B. The Land Use Change Permit, LIPA 6330, to allow for a "Place of Worship" is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the facility be done in accordance with all applicable Federal, 2 1111 I i. MW AI MIN HTWIR W 140. h 11111 Reception#: 788784 07/2012210 09:32:21 AM Jean Alberico 3 of 7 ec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO State, and local regulations governing the operation of this type of facility. 3. Control of noxious weeds is the responsibility of the property owner. 4. The Applicant shall cut and treat their inventoried Russian -olive as prescribed in their Weed Management Plan and the Applicant shall provide documentation of this action by providing records to the County Vegetation Manager by October 31, 2010. All mulch or erosion control bales used in the project shall be specified to be either weed free straw bales or weed free hay bales. 6. All exterior lighting associated with the property shall be directed inward and downward towards the interior of the property. 7. Prior to the issuance of the land use change permit, the Applicant shall identify the right-of-way easement for the future extension of Dokes Lane on the Site Plan. A note shall also be placed on the Site Plan stating that the exact location of this right- of-way shall be further refined when Dokes Lane is extended. The revised Site Plan shall be submitted to the County for review. 8. The purpose of this condition is to put the Applicant on notice that a right-of-way agreement for Dokes Lane shall be finalized between the Applicant and CDOT at the time this road is extended. 9. Prior to the issuance of the land use change permit, the Applicant shall identify the cross access easement on the Site Plan. A note shall also be placed on the Site Plan that indicates that this easement will be further refined when the adjacent property to the north is re -developed. The revised Site Plan shall be submitted to the County for review. 10. The purpose of this condition is to put the Applicant on notice that a cross road easement agreement (as identified in the Access Control Plan) for the driveway shall be finalized between the Applicant and property owner adjacent and north of the subject parcel when the adjacent property is redeveloped. 11. Prior to the issuance of the land use change permit, the Applicant shall verify if the disturbances created on -site are over 0.5 acres. if the disturbance is greater than 0.5 acres, the Applicant shall submit an erosion and sediment control plan to the County for review. 12. Prior to the issuance to the land use change permit, the Applicant is to submit design specifications for the connection between the existing private road that traverses the ridge and driveway to the County for review. ■III I rI6111 INV Ilh MN "MICIVI 11111141I 111 Reception#. 788784 07120I2010 09:32:21 AM Jean A1berico 4 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 13. West Divide Water Conservancy District indicates in their letter dated July 24, 2008 that the water augmentation plan for this property may be in jeopardy due to a pending shift of the boundary of the DWR Area A. Prior to the issuance of the land use change permit, the Applicant shall provide documentation to the County confirming that the augmentation plan is valid. 14. The State of Colorado requires a transient, non -community public water system to be installed when there are 25 or more people using the water supply more than 60 times per year. If the church exceeds the 60 days per year, regulatory approval from the Colorado Department of Public Health and Environment (CDPHE) and Water Quality Control Department (WQCD) will be necessary. 15. Prior to the issuance of the land use change permit, the Applicant shall obtain a septic permit to abandon the old residence's septic system on the property. 16. Prior to the issuance of the land use change permit, the Applicant shall obtain a building permit to convert the old residence to a storage building. 17. Prior to the issuance of a certificate of occupancy, the Applicant shall provide documentation from the fire district stating that all fire protection requirements have been met. 18. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. i't Dated this �� , day of , A.D. 20 ATTEST: SEAL, ��LORA� .Wy� ry-) of the Board GARFIELD COUNTY COMMISSI COUNTYA BOARD OF GARFIELD 4 mill r1h MWOM Wd OrN00'1M1t10 M1111111 Racep.ion#. 788784 07/20/2010 09.32:21 AM Jean Alberico 5 of 7 Reo Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , AYE COMMISSIONER MIKE SAMSON , AYE COMMISSIONER TRESI HOUPT , AYE STATE OF COLORADO } }ss County of Garfield } I, , 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 5 1111N ,RhiINANAllW1 WWRAIA.k 11111 Reception#: 788784 07/20/2010 09:32:21 AM Jean Alberico 6 of 7 Rec Fee:$0,00 Doc Fee:0 00 GARFIELD COUNTY CO Reeeotiw�i7l: 7b7g90 I f 2�Ra�e F4ReS11 90naae rwAe.EO�ceaarLELe ML"ry 0 Alter Rccwding Rdure to FIVIR of Faith Church Outreach Inc. Po 95 SPECIAL WARRANTY DEED This Deed, made August S, 2M Between Wayne PoDare, of lbe Cotmty Gertletd, Stave of COL DPADO, grmtor(s) and Rilnt4 i f Faith urch On cis inc., n Eo�arado non-profit eorporation, whose legal address is 45 i County of Cartiald, and State of COiARADO,grantee(s) WfTNFE'SS$'TA, That tine aratrtps(s), for and in die exarsideratton of the sum of FM HU )RED SEVENTY --FM THOUSAND AND Olin DODOLLARS DORM (S59S,000,00 ) the receipt and nd9%lency of whieb is hereby admovdedrd, has graoled, bs%Vr tWd, sold and conveyed, and by these presor is does grant, bargain; sail, cotwey and cosinm, rune the greato*X his heirs and aftw forever, all Ora real property Iogether with impmvaments, if any, situate, Tying and being in the Canny of Gar1•retd, State of COLORADO described as follows: Sea Eirbibit A attached hereto and made a part hereof. 10GE I'HER WrFH but without warranty, any and all water and water rfgbis, whether adjudicated or sot, Including, without Iitnitstlaa, subterrauenr water and water tights, surface, storage rigbt4 ditch sad dutch rights, reservoir avid raservoir rights and water and winch company stock uppurmnaut to aid real property, taclading but not limited to; 1.2 miner's Inches in Priortty, T % 82 out of the Grand Tunnel Ntdt and 5.6 miners inches in priority No. 100 out of tho Grand Tunnel Dlt& aho known by raw and number as 2730 Highway 13, Rifle, Co $1650 TOGETHER with all sad singular berediWronts and apprutcarwxM thereinto Wiongbsg, or in anywise appertaining, and the ruvession and rcvorslwu, rammk*r sod remainders, rents isues and profits thereof, and all to estate, rigbt tltle, Interest, claim and demand whatsoever of the greatur, either in law or equity, of in and to the above bargeined pxcmLu s, with the bend tamems and appurtenances. TO HAVE ACID TO HOLD said ptainises above twaincd and described, wkh the apptat mince% Turk) tbo graribea, tliee lairs and assigns forever. The granior(sl for themselves, their heirs and personal reps—astiivas or successors, does covenant and agree that they shall and will WARRANT AND FOREVER DEPEND the above-beraainad prcmiu* in the quiet and pegoeable poasesalen of the graateo(s), their b*1 and ass€gma, egdnit all and every person or pas" claiming the whole or any pat *Areoi by, through or under the graritor(s), The singular mtmber shall leclude the plums the plural the singular, and the use of say gender sbali be applicable to all genders, IN V47WM WHERMP, the grantor has executed this an dta dew set fortis above. SELLER- Wayne pollard STATE Of COLORADO )ea: COUNTY OF Garroid The foregoing iosuvment was adreowledgedbeibm me AugvRt S. 2M by Wayne Pollard. Witness my hand and official seot �Y A a Wospa W Public finrrdi F arcs My Commission expires: 3MRfi Fitt iTCQ) ESCROW Na iE6HDtlfyata-In7,Bt 1111 wriYZINAIRIN KI4.140MV1Ah1I Ill Reception#: 788784 07/20/2010 09.32:21 AM Jean Alberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Ree1eepplraMf' TS3e3a i$cf72 a Fee3S1 1.00 D— F"-ST.SA�'WHEL6 10MM Co Exhibit A A pared of land slbated in the S6114 of Section 36,Towwfilp S South, lunge 93 West of tha 66 Principal Ma kUan, and in the SW V4 of Section 31, 7owaship 5 Smah, Range 9Z West of the 6°i Principal Meridian Wag mom particularly described as foilovvc 13egbnft at the Southeast C rncr ofmid 3ecdoo 36; +lace Nrrrlh'0°00'3S" East for a crWance of341.00 fed, along the East tine orsaid Swi= 36; tlrm= South 99'50'43"Nest for a distance of 447.70 fact to a point on the Easterly *t•of n of CAMUSD Stale HiyltwayNo.13. dimm alorg the Easterly right-of-way line of esid Highway No. 13, along a curya to the left for a dis w= of 313.75 feet. Said curve has a rsdios of 23342.00 feet and a central angle of 7*40'3Z". The chard of said care beets North 4 25129" last, ffir a disimce of 313.51 fed, thence Nortb MO'00" past fora di3tanaa of 329.96 L=4 them South 1130'S7" Wort far a distance of32.17 fast; thence ltstfora distance af242.43 foah. dwnca Tl&A 532'59" blest for a distance of 10,19 feet, thence North 25*48129" West for adiatanee of 109.17 feet, f mce East for a dlafanco of 330.06 feel: thaace i3 YA 4'56'26" Wass for d dtitarm of 664.32 feat to a point oa the South line of said Section 31, thence South 39'53'26" West for a distance o€392.60 Poet, Stang the South, line of said Section 31 to the Point ofl3egirming. Also Ktawn As Parcel 2 of Gawp MGCLrae Exoorplran Parceb recorded November 9, 1994 at RacapdoeNo. 470M. County of Garfield, Stale of colorwb