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HomeMy WebLinkAbout1.00 General Application Materials-R ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ P.O. Box 1301 • Rifle, CO 81650 • Tel. 970-625-4933 • Fax 970-625-4564 November 13, 2023 Molly Orkild-Larson Garfield County Building and Planning Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Limited Impact Application – Family of Faith Outreach Church Dear Molly: Colorado River Engineering, Inc. is pleased to submit to you a Limited Impact Review Application for the proposed Family of Faith Outreach Church on the 10.845 acre parcel of rural zoned land located at 273- Highway 13, Rifle, Colorado. Included in this application, per Section 4-501-E are the following: 1. Application Form and Fees 2. Site Plan 3. Land Suitability Analysis 4. Impact Analysis We look forward to working with you on this through the application process. If you have any questions, please do not hesitate to call 970-625-4933. Sincerely, Gregory G. Shaner, PE Principal Engineer II Cc: Article VII Standard Summary Narrative Division 1 – General Approval Standards for Land Use Change Permits 7-101 – Compliance with Zone District Use Restrictions - FFCO is submitting the Limited Impact use change application for the addition to the current site of a new single-family residential building which will house the pastor and his family in the upper story (1,680 square feet) and provide a place of worship in the lower (basement) level of the structure (1,680 square feet). Per the Land Use Code Article 3 Section 3-501 a “Place of Worship” land use requires a limited impact application for rural property. 7-102 – Compliance with Comprehensive Plan and Intergovernmental Agreements – The current comprehensive plan identifies the property as “Outlying Residential, 2 Acres per Dwelling Unit”. The proposed limited impact land use change is allowable and there are no intergovernmental agreements that would prevent the designation of “Place of Worship”. 7-103 – Compatibility – The nature, scale and intensity of the proposed use is compatible with adjacent land uses and will not result in an adverse impact to adjacent land. 7-104 – Sufficient Legal and Physical Source of Water - Domestic water has been historically served by an existing well located on the property. Domestic water will continue to be served from the well, however, because a congregation exceeds the normal use of a domestic well, FFCO has completed an augmentation plan with West Divide Water Conservancy District which will cover 1 single family residence, 2000 sq ft of garden/lawn irrigation, fire protection and a commercial unit up to 12,000 sq ft in size for 200 people in the congregation. Copies of these documents have been included in Section 4.4 Effect on Existing Water Supply and Adequacy of Supply. 7-105 – Adequacy of Water Supply – The existing well has been reviewed for capacity and recharge rate and will meet the needs of the proposed land use. A water supply report has been included in Section 4.4 Effect on Existing Water Supply and Adequacy of Supply. 7-106 – Adequate Central Water Distribution and Wastewater Systems – The proposed use is not within 400-ft of a central water system and does not serve 15 or more dwelling units. The proposed design adequately serves the proposed single family house and place of worship without requiring additional improvements. No public sewer is located within 400-ft of the property and the property is suitable for an individual sewage disposal system. The ISDS engineering report can be found in Section 2.5 ISDS Design. 7-107 – Adequate Public Facilities – Adequate public utilities are available to serve the land use change. 7-108 – Access and Roadways – The parcel has adequate access to the Highway 13 public right-of-way. Kimley-Horn and Associates prepared a traffic engineering study for the additional impacts a place of worship will create on State Highway 13. In the report a maximum congregation of 100 people was utilized in the impact analysis. In the traffic study it was recommended that improvements to State Highway 13 include a right turn deceleration lane. The Colorado Department of Transportation provided an Access Permit for the design recommendations on December 28, 2008, a notice to proceed was granted May 8, 2009 and the construction of the proposed improvements were completed October 20, 2009. Copies of the traffic study, access permit, Engineers Letter of Completion, and CDOT’s Project Completion Certificate of Acceptance have been included in Section 4.6-Traffic. 7-109 – No Significant Risk from Natural Hazards - Natural features have been identified on and off site. There is an existing rock outcropping on the property but the use is not subject to significant risk from this natural feature and development of the proposed use will not exacerbate existing natural hazards on the property. A geohazard report has been included in Section 4.3. Division 2 – General Resource Protection Standards for Land Use Change Permits 7-201 – Protection of Agricultural Lands – There are no agricultural operations on the property and the proposed land use change will not adversely impact the agricultural use of the property. The property owner will maintain fences in a manner such that no impacts will occur to adjacent property owners and will control domestic animals so that they do not interact with livestock operations if encountered. The proposed land use does not alter or inhibit existing water rights or irrigation access rights of downstream users. 7-202 - Protection of Wildlife Habitat Areas – A qualified biologist has reviewed the property for wildlife, flora and fauna impacts. There are no identified habitat areas identified, however, recommendations to minimize development impacts were provided and have been incorporated into the development plan of this project. The management plan can be referenced in Section 4.5. 7-203 – Protection of Wetland and Waterbodies - No jurisdictional wetlands or waterbodies were determined to be present on the property through site inspection. The Wetlands Determination letter can be referenced in Section 4.5. 7-204 – Protection of Water Quality from Pollutants –The proposed land use change will not result in the storage of hazardous materials. 7-205 – Erosion and Sedimentation – It is not anticipated that the construction of the single-family home/place of worship will disturb more than ½ acre of land. A limited impact review does not require an erosion and sediment control plan. 7-206 – Drainage – Drainage on the lot has been designed to provide positive drainage away from all buildings and is in compliance with the standards of Garfield County. 7-207 – Stormwater Run-Off – The development of the proposed land use is not within 100-ft of a waterbody and does not create more than 10,000 sq. ft of impervious area. 7-208 – Air Quality – The land use change does not cause the air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. 7-209 – Areas Subject to Wildfire Hazards – The land use change is not subject to wildfire hazards. 7-210 – Areas Subject to Natural Hazards and Geologic Hazards – The land use change will not cause or intensify adverse natural conditions in hazard areas. Construction is not in areas of slopes greater than 20%. 7-211 – Areas with Archaeological, Paleontological or Historical Importance - No archaeological, cultural, paleontological or historical resources were discovered on the property. There is moderate potential for cultural resources near the rock outcropping; however there are no construction activities or disturbance planned in that area. The cultural resources report can be referenced in Section 4.7. 7-212 – Reclamation – Areas disturbed during construction will be restored as natural landforms in conformance to the attached reclamation plan and is in conformance with the regulations of Garfield County. Division 3 – Site Planning and Development Standards 7-301 – Compatible Design - The nature, scale and intensity of the proposed use is compatible with adjacent land uses and will not result in an adverse impact to adjacent land. 7-302 – Building Design – The building design faces Highway 13 and is oriented consistent with the existing building on the site. 7-303 – Design and Scale of Development – The design and scale of the development minimizes disturbances and is oriented near existing facilities to optimize efficiency in the installation of utility facilities and services. 7-304 – Off-street Parking and Loading Standards – The proposed land use provides adequate off-street parking consistent with the rules and regulations of Garfield County. Residential Structure (1,680 sq ft): Required: 2 spaces per dwelling unit Provided: 2 spaces in a detached garage. Place of Worship (1,680 sq ft): Required: 1 space per 100 square feet of floor area used for seating = 17 Provided: 17 spaces plus 1 Handicap space (18 total) 7-305 – Landscaping and Lighting Standards – A landscape plan is not required for a limited impact review. 7-306 – Snow Storage Standards – The site has been oriented in a manner such that there is ample open area to serve as snow storage. Snow storage will not be provided in parking areas or in a manner that restricts access or circulation, or obstructs the view of motorists. 7-307 – Roadway Standards – No public roadways are required for the development of the parcel. The drive access is designed to be 24-ft wide constructed with gravel. 7-308 – Trail and Walkway Standards – There are no public facilities, recreation areas or trails in the area and no trails are being installed with the proposed land use. 7-309 – Utility Standards – No new utility easements are being proposed with this land use. Construction of utilities will not generate excessive excavations and is reasonably free from physical obstructions. Section 1 Application Form and Fees Application Forms and Fees In accordance with Section 4-501, Limited Impact Review Process the following is consistent with the application forms and fees: A. Submit a completed and signed Application Form, and application fee, and a signed Agreement for Payment Form. – Reference Section 1.1 B. Project Narrative: FFCO is submitting the Limited Impact Application for the addition to the current site of a new residential building which will house the pastor and his family in the upper story (1,680 square feet) and provide a place of worship in the lower (basement) level of the structure (1,680 square feet). Per the Land Use Code Article 3 Section 3- 501 a “Place of Worship” land use requires a limited impact application. Background: On August 2008, Family of Faith Church Outreach Inc. (FFCO) purchased the property located at 2730 Highway 13 in Rifle, Colorado. The property is 10.845 acres in size and is currently zoned Rural and includes a small residence built in 1909. Current Land Zoning: Rural Proposed Limited Impact: Place of Worship Congregation Size: Maximum 70 People Existing Structures: There is currently a small (<1000) square foot home built in 1909 on the property. With the development of this parcel, services to the existing structure will be removed but the structure will be retained as a storage area. Proposed Structures: A single building with a detached garage is currently being proposed for the property. The upper level of the structure (1,680 square feet) will be the primary residence of the Pastor for the Family of Faith Church Outreach. The lower level of the structure (1,680 square feet) will be the place of worship for the FFCO. A Project Site Plan can be referenced in Section 2.1 Proposed Uses: The building will service as the primary residence of the pastor of FFCO. The place of worship will be used to conduct church services on Sundays and provide a central meeting place during the week for fellowship and individual ministries. The congregation will not exceed 70 people. Parking Requirements: Residential Structure (1,680 sq ft): Required: 2 spaces per dwelling unit Provided: 2 spaces in a detached garage. Place of Worship (1,680 sq ft): Required: 1 space per 100 square feet of floor area used for seating = 17 Provided: 17 spaces plus 1 Handicap space (18 total) Domestic Water Service: Domestic water has been historically served by an existing well located on the property. Domestic water will continue to be served from the well, however, because a congregation exceeds the normal use of a domestic well, FFCO has completed an augmentation plan with West Divide Water Conservancy District which will cover 1 single family residence, 2000 sq ft of garden/lawn irrigation, fire protection and a commercial unit up to 12,000 sq ft in size for 200 people in the congregation. Copies of these documents have been included in Section 4.4 Effect on Existing Water Supply and Adequacy of Supply. Sewer Disposal: The property currently has an Individual Sewer Disposal System (ISDS) for the existing home. With the new home development, sewer service will be abandoned at the existing home and a new septic field will be installed. The septic field has been designed to accommodate a single family residential home with 5 bedrooms and a maximum congregation of 70 people. The ISDS engineering report can be found in Section 2.5 ISDS Design. Fire Protection The project is providing 17,500 gallons of water storage for a fire protection system in a reserve pond accessed through a dry fire hydrant. The engineering design drawings can be referenced in Section2.3 Fire Supply. Highway 13 Access Kimley-Horn and Associates prepared a traffic engineering study for the additional impacts a Church will create on State Highway 13. In the report a maximum congregation of 100 people was utilized in the impact analysis. In the traffic study it was recommended that improvements to State Highway 13 include a right turn deceleration lane. The Colorado Department of Transportation provided an Access Permit for the design recommendations on December 28, 2008, a notice to proceed was granted May 8, 2009 and the construction of the proposed improvements were completed October 20, 2009. Copies of the traffic study, access permit, Engineers Letter of Completion, and CDOT’s Project Completion Certificate of Acceptance have been included in Section 4.6-Traffic. The intention of FFCO was to purchase property in Garfield County where they can develop their ministry and have the ability to grow as the congregation grows. Granting the Limited Impact will allow the development of a church congregation, not to exceed 70 members. C. Deed of Ownership – Reference Section 1.2 D. Garfield Assessors Map – Reference Section1.3 E. Vicinity Map – Reference Section 1.4 F. Pre Application Conference Form – Reference Section 1.5 Section 2 Site Plan Section 3 Land Suitability Analysis Land Suitability Analysis The land suitability analysis plan has been included in Section 3.1 and addresses the Garfield County application and review procedures described under 4-502 (D) Land Suitability Analysis which includes: A. Public Access to Site – Public access to the site is obtained off of Highway 13. The historic access has been moved to the north with the approval of the Colorado Department of Transportation Access Permit. When development occurs on the parcel to the north, a joint access easement agreement will be recorded. B. Access to adjoining Roadways – The only access to the site is via Highway 13. C. Easements – All easements have been shown on the plan and are based on the title commitment file no. 926-H0185810-107-SH2 prepared by the American Heritage Title Company. D. Topography and Slope- Existing topographic contours have been provided in 2-ft contour intervals. A slope analysis has been performed and slopes greater than 20% have been indicated on the plan. No construction is proposed for slopes greater than 20%. E. Natural Features– Natural features have been identified on and off site. There is an existing rock outcropping on the property but will not affect development of the property for this use. A geohazard report has been included in Section 4.3. F. Drainage Features – Existing drainage and impoundments have been identified. There are no existing drainage features that affect the development of this parcel. G. Water – Historic irrigation and water supply locations have been identified on the plan. The irrigation and water supply will be integrated in the development of the parcel and will not impact the site or its associated dependent users. H. Floodplain– There are no floodplain impacts. I. Soils – Soil materials encountered in the geotechnical investigation consisted of sand- clay and/or the formation of shale material below. No subsurface water was encountered in the borings, however, increased moisture conditions were detected between the depths of 5-13-ft. It was recommended that construction of any structures either utilize piers or spread footers and the soil bearing capacity for design use varied between 1900-3700 lbs-sqft based on the depth of embedment for footings adjacent to level areas. The complete Geotechnical Report can be referenced in Section 4.2. J. Hazards – The steeper terrain with rock out croppings is identified on the Garfield County Slope Hazards map as a moderate hazard. The project as proposed within this application does not impede upon these areas and all proposed construction is a significant distance away from the hazard that it poses no immediate threat to either the new construction, and development will not exacerbate existing natural hazards. A full geo hazard review can be referenced in Section 4.3. K. Natural Habitat – No protective existing flora and fauna, wetlands or migration routes were discovered on the property. As with all construction, impacts to the wildlife, flora and habitat will be experienced, however it is recommended the project incorporate several steps to help minimize impacts. Protection will incorporate minimizing the areas of construction disturbance, reseeding and revegetation of disturbed areas, provide pet restrictions to prevent animals from running at-large and harassing wildlife and limiting human activity on the key winter habitat areas (the undeveloped east side of the property). A complete Wetland, Wildlife and Habitat Assessment can be referenced in Section 4.5. L. Resource Areas – No protected or registered archaeological, cultural, paleontological or historic resource areas were identified in the zone of influence of the construction. Section 4 Impact Analysis Impact Analysis The Family of Faith Outreach Church is proposed to be located north of the City of Rifle on the east side of Highway 13. The property is defined by State Highway 13 on the west, and rural property to the north, east and south. A. Adjacent Property – A list of the real estate property adjacent to the subject property, and mailing address for each property, can be referenced in Section 4.1. B. Adjacent Land Use – a. North – The property to the north is currently owned by Newby L. and Maria A. Sills and is zoned rural. The parcel has been traditionally utilized as typical rural property with minor irrigating and dry land farming. b. South – There are two properties to the south owned by Lissett P. and Julissa O. Hoyos and Steven D. White, and both are zoned rural. As with the other properties, the parcels have been traditionally utilized as a typical rural property with single family homes with minor irrigated and dry land farming. c. East – The property to the east is a large parcel owned by Bryces Valley Holdings LLC. The property is currently rural, however the future intent appears to be a master planned community. The current use is irrigated farming, and there are several gas pad locations that have been established. d. West – The property is bordered by Highway 13 to the west. Across Highway 13 is a large parcel of land owned by Black Lion Properties, Ltd. within the City of Rifle limits. The property has been discussed to develop into a commercial and multi-family development; however the current use is vacant land with limited farming. C. Site Features – The 10.84 acre parcel contains two distinct types of terrain. The western half of the property is gentle low meadow area which slopes upward to the east where it meets a steeper ridge. The eastern half of the parcel is located on an upland ridgeline with numerous rock outcrops and boulders. An irrigation ditch which flows from north to south through the property dissects the lower meadow area from the steeper-sloped ridge. The property currently contains one single-family residence, which is intended to be abandoned with the construction of a new residential facility. D. Soil Characteristics- Soil materials encountered in the geotechnical investigation consisted of sand-clay and/or the formation of shale material below. No subsurface water was encountered in the borings, however, increased moisture conditions were detected between the depths of 5-13-ft. It was recommended that construction of any structures either utilize piers or spread footers and the soil bearing capacity for design use varied between 1900-3700 lbs-sqft based on the depth of embedment for footings adjacent to level areas. The complete Geotechnical Report can be referenced in Section 4.2. E. Geology and Hazard – The site consists of a low land meadow area and a steeper ridgeline terrain with rock out croppings. The steeper terrain with rock out croppings is identified on the Garfield County Slope Hazards map as a moderate hazard. The project as proposed within this application does not impede upon these areas and all proposed construction is a significant distance away from the hazard that it poses no immediate threat to either the new construction, and development will not exacerbate existing natural hazards. A full geo hazard review can be referenced in Section 4.3. F. Effect on Existing Water Supply and Adequacy of Supply - The water supply has adequate quality, quantity, and dependability for the proposed use. A full water report can be referenced in Section 4.4. G. Effect on Groundwater and Aquifer Recharge Areas – There is no adverse effect on groundwater or aquifer recharge areas due to use changes as proposed in this application. H. Environmental Effects – a. Wetlands – No jurisdictional wetlands were determined to be present on the property through site inspection. The soil on the property is not hydric, and tends to be well drained soils not conducive to wetlands formation. Upon site inspection, the sole source of water adequate to support a wetland plant community appears to be the irrigation ditch, which water source is anthropogenic and appears to be strictly agricultural in nature. The Wetlands Determination letter can be referenced in Section 4.5. b. Noxious Weeds – Several noxious weeds have been identified in the area surrounding the parcel. Soil disturbance on the property due to construction will provide prime opportunities for the establishment of one or more species. A noxious weed management plan has been prepared to identify potential species and provide direction on efforts necessary to prohibit the spread of noxious weeds. The management plan can be referenced in Section 4.5. c. Cultural Resources – No archaeological, cultural, paleontological or historical resources were discovered on the property. Historical segements of Highway 13 were identified but are contained within the CDOT right-of-way and do not impact the property. There is moderate potential for cultural resources near the rock outcropping; however there are no construction activities or disturbance planned in that area. The cultural resources report can be referenced in Section 4.7. d. Wildlife and Habitat – No long term impacts to the wildlife or habitat will be encountered with the development of the single family home and place of worship. As with all construction, impacts to the wildlife, flora and habitat will be experienced, however it is recommended the project incorporate several steps to help minimize impacts. Protection will incorporate minimizing the areas of construction disturbance, reseeding and revegetation of disturbed areas, provide pet restrictions to prevent animals from running at-large and harassing wildlife and limiting human activity on the key winter habitat areas (the undeveloped east side of the property). A complete Wildlife and Habitat Assessment can be referenced in Section 4.5. I. Traffic Impacts – The increase in traffic demands warranted an access permit from the State of Colorado for a right turn deceleration lane along Highway 13. The property Owner obtained the permit, and installed the improvements in 2009. A copy of the traffic study by Kimly-Horn, the approved Access permit from CDOT, and the letter of acceptance of constructed improvements from CDOT have been included in Section 4.6. a. As part of the agreement with CDOT, in conformance with the Access Control Plan for Highway 13, approved October 2009, and as part of the limited impact use agreement with Garfield County, Family of Faith Outreach has agreed to provide an access easement for the property located to the north so that a single access point will be used for multiple properties. Family of Faith Outreach has requested that until development of the parcel to the north occurs, the easement not be recorded against the property. The purpose of this request is to avoid future changes that most likely will occur once the driveway location for the parcel is designated. J. Nuisance – It is not anticipated that any long term or lasting additional nuisances in the form of vapor, dust, smoke, noise, glare of vibration or other emanations will be generated with the change in land use to a Place of Worship. Construction of the facilities will be under the guidance of a Storm Water Management Plan for Construction Activities and will limit any incidental nuisances that may be encountered with those activities. K. Reclamation Plan- The installation of the ISDS system will require reclamation of the disturbed areas. Family of Faith Outreach will provide the improvements as detailed on the ISDS Report(Reference Section 2.5) and vegetation efforts will be in accordance to the guidelines of Garfield County. PUBLIC NOTICE TAKE NOTICE that the Family of Faith Church Outreach has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request approval of a Land Use Change Permit, Limited Impact Review (File Number LIPA 6330), for “Place of Worship”. This site is located within the County of Garfield, State of Colorado, to-wit: Legal Description: (Applicant must insert legal description of the property) Practical Description: The 10.84 acre parcel, located in unincorporated Garfield County, located at 2730 Highway 13, Rifle, CO. Request: To approve a Limited Impact Review application for a Place of Worship including a sanctuary (1,680 SF) and living quarters (1,680 SF), and a detached garage (400 SF) on 10.84 acres. All persons affected by the proposed use 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 a Land Use Change Permit. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado, 81601, 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 the 6th day of July, 2010 at 1:15 PM and will be held in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado, 81601. Planning Department Garfield County From:Nathan Lindquist To:Molly Orkild-Larson Subject:Family of Faith Church Date:Tuesday, May 25, 2010 12:49:13 PM Molly, The City of Rifle has no comments on this project, it was included in the Hwy 13 Access Control Plan done by CDOT. Thanks, Nathan Nathan Lindquist Planner City of Rifle 202 Railroad Avenue Rifle, CO 81650 (970) 665-6497 office (970) 456-2183 cell (970) 625-6268 fax From:Kevin Whelan To:"Greg Shaner" Cc:Molly Orkild-Larson ; "Pastor Mark Opstein"; "Jason Clark" Subject:RE: Family of Faith Date:Wednesday, June 23, 2010 7:52:33 AM Thanks Greg, Looks good! A couple of comments: 1. The storage capacity for fire protection water has changed from the original submittal. I believe this is because of the use of NFPA 1142 for the design standard. Please provide your calculations for review and for future reference on any expansions. As we spoke, this supply will probably limit what could be built in the future or the future development would require additional water supply for fire protection. 2. Your original design recommended “increasing the storage capacity by 25% to continually provide minimum storage without excessive maintenance efforts” . I assume with the quantity presented that this has not been factored in. Please confirm! 3. Training for the owner in the required maintenance of the fire protection water supply system and a functional test of the system is required prior to fire department acceptance. 4. The hydrant connection needs to be a 6 inch NH female connection since this will be a dry hydrant 5. The hydrant will need to have an appropriate sign on it indicating that it is a dry hydrant. 6. All underground piping needs to be inspected by the fire district. I assume this pipe will also have to be pressure tested which also needs to be witnessed by the fire district 7. I assume the tank design meets all the requirements of NFPA 22. Please confirm 8. Your submittal indicates that the tank can be buried or partial buried at the owner’s discretion but that it must be protected from freezing. We have had problems with other system freezing and request that an engineer signs off on any freeze protection that may or may not be required. Please provide documentation. "The Mission of the Rifle Fire Protection District to to Enhance Health and Safety and to Protect the Life , Home and Property of the People We Serve" Kevin C. Whelan Division Chief/ Fire Marshal Rifle Fire Protection District 1850 Railroad Ave. Rifle , CO 81650 kewhelan@riflefiredept.org Office- 970-625-1243 ext .12 Fax- 970-625-2963 Cell- 970-618-7388 From: Greg Shaner [mailto:Shaner@coloradorivereng.com] Sent: Friday, June 18, 2010 12:44 PM To: Kevin Whelan Cc: Molly Orkild-Larson; Pastor Mark Opstein Subject: Family of Faith Kevin, As we spoke about in our meeting, attached is our letter addressing your concerns and the revised fire plan for your review for the Family of Faith Church Limited Impact Review application. Please feel free to contact me directly with any further questions or concerns. Have a great weekend! Best Regards, Gregory G. Shaner, PE Colorado River Engineering 136 E. 3rd Street Rifle , Colorado 81650 970.625.4933 (o) 970.625.4954 (f) 970.319.9744 (c)  Please consider the environment before printing this e-mail. The information contained in this e-mail message is intended for the use of the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any use, printing, reproduction, disclosure or dissemination of this communication may be subject to legal action or sanction. From:Fred Jarman To:Molly Orkild-Larson Cc:Pastor Mark Opstein ; Andy Schwaller; Greg Shaner Subject:FW: Family of Faith Date:Friday, December 10, 2010 1:05:54 PM Attachments:water well permit.pdf water well permit1.pdf water well permit2.pdf water well permit3.pdf Molly, I have reviewed all the documents and have finally determined that church may operate under the new commercial well permit recently approved by the Division of Water Resources. That permit has a gallon usage total that cannot be exceeded on a yearly basis and the Pastor is aware of that. In this case, because they could get this commercial well (with its gallon limitation), they do not need to get a court approved augmentation plan at all which meets the County Code. In the event the church wishes to expand their usage beyond the allotted maximum gallon usage, then they would need to get additional legal water to do so. I have just spoken with Andy Schwaller and have instructed him that the water situation has been solved and that a CO may be issued at his discretion. He is understanding that this could occur as early as next Monday. I want to commend Pastor Opstein for working so diligently and working with the County to find a good solution to this issue. Do not hesitate to call me if you have any questions. Thanks, Fred From: Pastor Mark Opstein [mailto:ffcpastormark@msn.com] Sent: Friday, December 03, 2010 2:13 PM To: Fred Jarman; Greg Shaner; Molly Orkild-Larson Subject: RE: Family of Faith I have attached the application forms for your records. If you have any other questions please let me know. Mark Opstein Subject: RE: Family of Faith Date: Fri, 3 Dec 2010 08:47:44 -0700 From: fjarman@garfield-county.com To: ffcpastormark@msn.com; shaner@coloradorivereng.com; morkild-larson@garfield-county.com Dear Pastor Opstein, This appears to be possible. What I will ask from you is to get something in writing from either the West Divide Water Conservancy District or the Division 5 Engineer of the Division of Water Resources that confirms the concept you propose below. Once we have this letter then the County can move forward with getting you a CO with the understanding that the Land Use Change Permit is valid so long as it operates under either a court approved augmentation plan or current / active TSSP. Thanks, Fred From: Pastor Mark Opstein [mailto:ffcpastormark@msn.com] Sent: Friday, December 03, 2010 7:55 AM To: Fred Jarman; Greg Shaner; Molly Orkild-Larson Subject: RE: Family of Faith Dear Fred, After talking with Ed Olszewski and Dwight Whitehead at the Div. 5 Water Resources, we came to the conclusion that being our numbers of people are between 32-40 (we averaged 37) and we are only meeting now once a week on Sundays (we canceled our midweek services so I can get a full time job) our water usage would fit into the standard commercial use of a well. That we would use less then the .3 acre feet of water, so we would not need for the time West Divide's water plan for us to function for at least 6-12 months. This would give them time to get a plan together and so we then could again re- file for the plan we were presently under, and actually get a lesser plan since we aren't planning on the 12,000 sq. ft. building for a number of years. My question to you is when the State approves this, how long or what will need to be done to get our permit so we can get a CO from the county on the building. We are in a difficult situation and need to move as quickly as possible, or we will not have a place to meet at. Sincerely, Pastor Mark Opstein Subject: Family of Faith Date: Thu, 2 Dec 2010 16:55:35 -0700 From: fjarman@garfield-county.com To: ffcpastormark@msn.com CC: Shaner@coloradorivereng.com; morkild-larson@garfield-county.com Pastor Opstein, Thank you for discussing your project this morning. As promised, I am attaching the Staff Report which includes condition #13 which was recommended to the BOCC. This also includes Exhibit I from the County Environmental Health Manager and a 2008 letter from West Divide Water Conservancy District which is the basis for the initial concern. Additionally, I have attached the minutes from the BOCC public hearing which you and Greg attended and discussed the specifics of your project with the BOCC. It is in this hearing where you and Greg raised specific concerns with conditions #14 and #17, but did not raise concerns about condition #13. As I mentioned, I have also had a conversation with the attorney from West Divide Water Conservancy who indicated that the court approved plan will not happen for over a year, but that a TSSP could occur within a few months but there would be a gap in “legal water coverage”. As I discussed with you, if you have a better idea or another way to demonstrate that you have legal water, we are eager to move your project forward. Perhaps you might want to discuss this with the West Divide folks as well. Thanks, Fred Fred Jarman, AICP Director, Building & Planning Department Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 970.945.8212 (Office) 970.987.1811 (Cell) fredjarman@garfield-county.com From:Fred Jarman To:Molly Orkild-Larson Cc:Pastor Mark Opstein ; Andy Schwaller; Greg Shaner Subject:FW: Family of Faith Date:Friday, December 10, 2010 1:05:54 PM Attachments:water well permit.pdf water well permit1.pdf water well permit2.pdf water well permit3.pdf Molly, I have reviewed all the documents and have finally determined that church may operate under the new commercial well permit recently approved by the Division of Water Resources. That permit has a gallon usage total that cannot be exceeded on a yearly basis and the Pastor is aware of that. In this case, because they could get this commercial well (with its gallon limitation), they do not need to get a court approved augmentation plan at all which meets the County Code. In the event the church wishes to expand their usage beyond the allotted maximum gallon usage, then they would need to get additional legal water to do so. I have just spoken with Andy Schwaller and have instructed him that the water situation has been solved and that a CO may be issued at his discretion. He is understanding that this could occur as early as next Monday. I want to commend Pastor Opstein for working so diligently and working with the County to find a good solution to this issue. Do not hesitate to call me if you have any questions. Thanks, Fred From: Pastor Mark Opstein [mailto:ffcpastormark@msn.com] Sent: Friday, December 03, 2010 2:13 PM To: Fred Jarman; Greg Shaner; Molly Orkild-Larson Subject: RE: Family of Faith I have attached the application forms for your records. If you have any other questions please let me know. Mark Opstein Subject: RE: Family of Faith Date: Fri, 3 Dec 2010 08:47:44 -0700 From: fjarman@garfield-county.com To: ffcpastormark@msn.com; shaner@coloradorivereng.com; morkild-larson@garfield-county.com Dear Pastor Opstein, This appears to be possible. What I will ask from you is to get something in writing from either the West Divide Water Conservancy District or the Division 5 Engineer of the Division of Water Resources that confirms the concept you propose below. Once we have this letter then the County can move forward with getting you a CO with the understanding that the Land Use Change Permit is valid so long as it operates under either a court approved augmentation plan or current / active TSSP. Thanks, Fred From: Pastor Mark Opstein [mailto:ffcpastormark@msn.com] Sent: Friday, December 03, 2010 7:55 AM To: Fred Jarman; Greg Shaner; Molly Orkild-Larson Subject: RE: Family of Faith Dear Fred, After talking with Ed Olszewski and Dwight Whitehead at the Div. 5 Water Resources, we came to the conclusion that being our numbers of people are between 32-40 (we averaged 37) and we are only meeting now once a week on Sundays (we canceled our midweek services so I can get a full time job) our water usage would fit into the standard commercial use of a well. That we would use less then the .3 acre feet of water, so we would not need for the time West Divide's water plan for us to function for at least 6-12 months. This would give them time to get a plan together and so we then could again re- file for the plan we were presently under, and actually get a lesser plan since we aren't planning on the 12,000 sq. ft. building for a number of years. My question to you is when the State approves this, how long or what will need to be done to get our permit so we can get a CO from the county on the building. We are in a difficult situation and need to move as quickly as possible, or we will not have a place to meet at. Sincerely, Pastor Mark Opstein Subject: Family of Faith Date: Thu, 2 Dec 2010 16:55:35 -0700 From: fjarman@garfield-county.com To: ffcpastormark@msn.com CC: Shaner@coloradorivereng.com; morkild-larson@garfield-county.com Pastor Opstein, Thank you for discussing your project this morning. As promised, I am attaching the Staff Report which includes condition #13 which was recommended to the BOCC. This also includes Exhibit I from the County Environmental Health Manager and a 2008 letter from West Divide Water Conservancy District which is the basis for the initial concern. Additionally, I have attached the minutes from the BOCC public hearing which you and Greg attended and discussed the specifics of your project with the BOCC. It is in this hearing where you and Greg raised specific concerns with conditions #14 and #17, but did not raise concerns about condition #13. As I mentioned, I have also had a conversation with the attorney from West Divide Water Conservancy who indicated that the court approved plan will not happen for over a year, but that a TSSP could occur within a few months but there would be a gap in “legal water coverage”. As I discussed with you, if you have a better idea or another way to demonstrate that you have legal water, we are eager to move your project forward. Perhaps you might want to discuss this with the West Divide folks as well. Thanks, Fred Fred Jarman, AICP Director, Building & Planning Department Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 970.945.8212 (Office) 970.987.1811 (Cell) fredjarman@garfield-county.com "EXHIBIT -D" STATE HIGHWAY 13A BYPASS A-LINE MODIFICATION REQUEST PROCESS ~(date) City of Rifle, Garfield County, and the State of Colorado Department of Transportation 1. Any request for modification of the A-line on SH 13A Bypass must be submitted to the Colorado Department of Transportation staff by the County/City of the Intergovernmental Agreement. The modification request shall include: • A request letter to CDOT from the City or County including supporting documentation for the request. Changes in location of A-lines or overall reductions in length of A-lines should be highlighted in the letter. • Preliminary intersection layout and traffic data to support the A-line opening location and width request. A-line opening widths should accommodate the laneage necessary to accommodate 20-year projected traffic volumes, including auxiliary lanes on the highway. The proposed changed A-line opening should also include the width necessary to accommodate design vehicle turning movements, pedestrian and bicycle facilities, and any other proposed roadway design elements. • Legal descriptions including a written description and a sketch for each A-line opening and closure. The legal descriptions shall be written, signed and stamped by a Professional Land Surveyor utilizing the format provided in the attached Exhibit F. • In the event the provisions of paragraph 4 below apply, letter(s) from private landowner(s) expressing their agreement to modify or change an A-line or relinquish Access Rights. • In the event the provisions of paragraph 4 below apply, title information sufficient for CDOT to verify that such private landowner(s) possess the appropriate legal authority to convey an A-line to CDOT. 2. The Department shall review the submittal for completeness and for consistency with the Access Control Plan, the supporting documentation in the City of Rifle US Highway 6L and State Highway 13A Access Study dated July 20, 2009 report for this corridor, and the State Highway Access Code. 3. Provided that the submittal is complete and consistent with the Access Control Plan, the supporting documentation in the City ofRifle US Highway 6L and State Highway 13A Access Study dated July 20, 2009 for this corridor, the State Highway Access Code, and so long as the requsted change or modification in the A-line is necessary to protect the health, safety and welfare of the public, the Department will support the modification request and seek consent from FHWA for execution of the proposed modification. 3. Once CDOT and the FHWA approve the request for the A-line modification, the legal instrument imposing the A-line on the SH 13A Bypass will be recorded with the Garfield County Clerk and Recorder. 4. In circumstances requiring the conveyance of A-lines from private landowners to CDOT, the City of Rifle agrees to use their best effort for obtaining the requisite executed Access Deed or other instrument and any other required documents from such private landowners. The City shall additionally be responsible for obtaining title information sufficient to verify that such private landowners possess the appropriate legal authority to convey an access control line to CDOT. GARFIELD COUNTY Building & Planning Department Review Agency Form Revised 3/30/00 Date Sent: May 14, 2010 Comments Due: June 1, 2010 Name of application: Family of Faith Church Outreach Sent to: Garfield County Road & Bridge Department ___ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Molly Orkild-Larson 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objection to this application as it has no Impact to the Garfield County road system.____________ Name of review agency: Garfield County Road and Bridge Department___ By: Jake B. Mall Date _May 17, 2010_______ COLORADO RIVER ENGINEERING IKCORPOI!."TI: O November 8, 2010 Ms. Molly Orkid-Larson Garfield County Planning 108 8th Street Glenwood Springs, CO 81601 Re: Job No. 817 -Family of Faith Dear Ms. Orkid-Larson: Based on the conversations of our office, Ed Olszewkski and yourself, we offer the following to help clarify any concerns or questions that Garfield County may have regarding the temporary substitute water supply plan. Temporary substitute water supply plans are augmentation plans approved and reviewed by the State Engineers Office on annual bases so that water supply solutions can be developed during the water court process, which can be rather lengthy. West Divide Water Conservancy District pursues Temporary Substitution Supply Plans (TSSP) while the final decreed augmentation plan is being approved. Ed Olszewkski has related that the new TSSP will be applied for at the end of the month and final approval for the new TSSP may occur in 2-3 months (February or March 2011). The timing in the approval of the replacement temporary substitute supply plan in relation to the expiration of the existing plan (December 20 I 0) appears to have been the center of concern. We have spoken with the State Engineer's Office concerning the well at Family of Faith Church. Based on that discussion there should not be any calls (process by which a water rights will be stopped from diverting/pumping) on the well except those from Pioneer Ditch, lower down Rifle Creek. At this time the next period in which a call may develop would be June 2011, which should allow the temporary substitute supply plan to be approved by the state of Colorado for the West Divide Water Conservancy District which will then act as an augmentation source for the well beyond that point, until resolution on case 07CW229 is determined. Per the letter by Ed Olszewkski dated July 29,2010 West Divide Water Conservancy District is confident that it will obtain a decree for the Rifle CreeklElk Creek service area. Additionally, based on a review of an earlier well pump test, the well at Family of Faith under normal pumping would be able to physically supply the necessary amounts water for the immediate church operations and would not impede the current development. If you have any questions, please do not hesitate to call 970-625-4933. Sincerely, From:Fred Jarman To:Molly Orkild-Larson Cc:Pastor Mark Opstein ; Andy Schwaller; Greg Shaner Subject:FW: Family of Faith Date:Friday, December 10, 2010 1:05:54 PM Attachments:water well permit.pdf water well permit1.pdf water well permit2.pdf water well permit3.pdf Molly, I have reviewed all the documents and have finally determined that church may operate under the new commercial well permit recently approved by the Division of Water Resources. That permit has a gallon usage total that cannot be exceeded on a yearly basis and the Pastor is aware of that. In this case, because they could get this commercial well (with its gallon limitation), they do not need to get a court approved augmentation plan at all which meets the County Code. In the event the church wishes to expand their usage beyond the allotted maximum gallon usage, then they would need to get additional legal water to do so. I have just spoken with Andy Schwaller and have instructed him that the water situation has been solved and that a CO may be issued at his discretion. He is understanding that this could occur as early as next Monday. I want to commend Pastor Opstein for working so diligently and working with the County to find a good solution to this issue. Do not hesitate to call me if you have any questions. Thanks, Fred From: Pastor Mark Opstein [mailto:ffcpastormark@msn.com] Sent: Friday, December 03, 2010 2:13 PM To: Fred Jarman; Greg Shaner; Molly Orkild-Larson Subject: RE: Family of Faith I have attached the application forms for your records. If you have any other questions please let me know. Mark Opstein Subject: RE: Family of Faith Date: Fri, 3 Dec 2010 08:47:44 -0700 From: fjarman@garfield-county.com To: ffcpastormark@msn.com; shaner@coloradorivereng.com; morkild-larson@garfield-county.com Dear Pastor Opstein, This appears to be possible. What I will ask from you is to get something in writing from either the West Divide Water Conservancy District or the Division 5 Engineer of the Division of Water Resources that confirms the concept you propose below. Once we have this letter then the County can move forward with getting you a CO with the understanding that the Land Use Change Permit is valid so long as it operates under either a court approved augmentation plan or current / active TSSP. Thanks, Fred From: Pastor Mark Opstein [mailto:ffcpastormark@msn.com] Sent: Friday, December 03, 2010 7:55 AM To: Fred Jarman; Greg Shaner; Molly Orkild-Larson Subject: RE: Family of Faith Dear Fred, After talking with Ed Olszewski and Dwight Whitehead at the Div. 5 Water Resources, we came to the conclusion that being our numbers of people are between 32-40 (we averaged 37) and we are only meeting now once a week on Sundays (we canceled our midweek services so I can get a full time job) our water usage would fit into the standard commercial use of a well. That we would use less then the .3 acre feet of water, so we would not need for the time West Divide's water plan for us to function for at least 6-12 months. This would give them time to get a plan together and so we then could again re- file for the plan we were presently under, and actually get a lesser plan since we aren't planning on the 12,000 sq. ft. building for a number of years. My question to you is when the State approves this, how long or what will need to be done to get our permit so we can get a CO from the county on the building. We are in a difficult situation and need to move as quickly as possible, or we will not have a place to meet at. Sincerely, Pastor Mark Opstein Subject: Family of Faith Date: Thu, 2 Dec 2010 16:55:35 -0700 From: fjarman@garfield-county.com To: ffcpastormark@msn.com CC: Shaner@coloradorivereng.com; morkild-larson@garfield-county.com Pastor Opstein, Thank you for discussing your project this morning. As promised, I am attaching the Staff Report which includes condition #13 which was recommended to the BOCC. This also includes Exhibit I from the County Environmental Health Manager and a 2008 letter from West Divide Water Conservancy District which is the basis for the initial concern. Additionally, I have attached the minutes from the BOCC public hearing which you and Greg attended and discussed the specifics of your project with the BOCC. It is in this hearing where you and Greg raised specific concerns with conditions #14 and #17, but did not raise concerns about condition #13. As I mentioned, I have also had a conversation with the attorney from West Divide Water Conservancy who indicated that the court approved plan will not happen for over a year, but that a TSSP could occur within a few months but there would be a gap in “legal water coverage”. As I discussed with you, if you have a better idea or another way to demonstrate that you have legal water, we are eager to move your project forward. Perhaps you might want to discuss this with the West Divide folks as well. Thanks, Fred Fred Jarman, AICP Director, Building & Planning Department Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 970.945.8212 (Office) 970.987.1811 (Cell) fredjarman@garfield-county.com