Loading...
HomeMy WebLinkAbout1.0 ApplicationTHE RSD 13 N r Sr F JalkM3K Mr. Patrick Waller Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Red Barn Guest Ranch Land Use Change Permit Dear Patrick, Attached is our application for the minor modification of our approved Land Use Change Permit with the following Exhibits; A. Pre -Application Conference Summary B. Land Use Change Permit Application Form C. Letter of Authorization D. Statement of Authority E. Deed and Legal Description F. Payment Agreement Form G. Copy of previously approved Land Use Change Permit H. Project Description and Proposed Amendment Please let me know if you need further information. Sincerely, Lawrence R. Halonen Managing Partner, Red Barn Guest Ranch, LLC EXHIBIT A Garfield County J! Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfiel d-county.corn PRE -APPLICATION CONFERENCE SUMMARY DATE: April 19, 2018 PROJECT: Red Barn Guest Ranch Community Meeting Facility PROPERTY OWNER: Red Barn Guest Ranch LLC. PARCEL NUMBER: 2181-063-00-135 LOCATION: 345 County Road 262 ZONING: Rural TYPE OF APPLICATION: Minor Amendment to an Approved Land Use Change Permit (Admin) I. GENERAL DESCRIPTION The Applicant is proposing to move the bathrooms on the site from the Red Barn structure into the Carriage House. Originally, the applicant represented that all bathrooms would be located in the Red Barn. It is staffs understanding that the OWTS that was designed for the Community Meeting Facility will be used by the new bathroom location. The Community Meeting Facility was conditionally approved on December 18, 2018 as application GAPA-05- 17-8540 and memorialized under reception number 905353. The applicant has not obtained a Land Use Change Permit at this time and is working on meeting Conditions of Approval. The Applicant will need to provide a description of the request. In addition, the Applicant will need to respond to each of the Minor Amendment standards and specifically demonstrate that each standard will be met with the proposed amendment. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Section 4-106 determines the process for an amendment to an approved Land Use Change permit. 1I1. REVIEW PROCESS To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary information, the Director shall make one of the following determinations: a. Minor Modification Page 1 of 3 b. Substantial Modification. c. Determination by the BOCC IV. DETERMINATION In reviewing the information submitted, the Director has determined that the Review Criteria (Section 4- 106.C) for determining this proposed amendment to be a Minor Modification, has been met, as follows: 1. Comply with all requirements of this Code; The Amendment continues to meet all requirements of the Code. 2. Do not conflict with the Comprehensive Plan; The Amendment does not conflict with the County's adopted Comprehensive Plan. 3. Do not change the character of the development; The Amendment does not change the character of the development. 4. Do not alter the basic relationship of the development to adjacent property; The Amendment does not change the basic relationship of the development to adjacent properties. 5. Do not change the uses permitted; The Amendment does not change the uses currently permitted. 6. Do not require amendment or abandonment of any easements or rights-of-way; The Amendment does not require abandonment of any easements or rights of way. 7. Do not increase the density; The Amendment does not increase the density of the project. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and The Amendment does not increase the zone district dimensions to an amount exceeding the maximum dimensions in the Rural Zone District. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: The Amendment does not decrease the amount of any of the following to an amount below the minimum required in the Rural Zone district. a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; C. Any zone district dimensions in Table 3-201. V. APPLICATION REVIEW A. Reviewed by: Staff for technical completeness and compliance with standards B. Public Hearing(s): None C. Referral Agencies: None VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal requirements include the following for this Minor Modification: Page 2 of 3 A. General Application Material (4-203.B), including Application Form Letter of Authorization, for any consultant acting on behalf of the owners and/or leaseholder te^ Statement of Authority eed for the subject parcel egal Description of Property zf! Fees and Payment agreement form g. Project Description p( Copy of previously approved Land Use Change Permit and amendments 5 Proposed amendment VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 (per application) Amendment to a Land Use Change Permit Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This summary is good for 6 months from the date of signature. Pre -application Summary Prepared by: ?/62.)a April, 19, 2018 Patrick Waller Senior Planner Date Page 3 of 3 EXHIBIT B Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.earfield-county.com TYPE OF APPLICATION . ❑ Administrative Review ❑ Limited Impact Review _ ❑ Major Impact Review rit Amendments to an Approved LUCP 0 LIR csMIR 0 SUP ❑ Minor Temporary Housing Facility ___ ❑ Vacation of a County Road/Public ROW ❑ Location and Extent Review ❑ Comprehensive Plan Arnendmenti O Pipeline Development LAND USE CHANGE PERMIT 11E- ❑ Development in 100 -Year Floodplain ❑ Development in 100 -Year Floodplain Variance ❑ Code Text Amendment ❑ Rezoning 0 Zone District❑ PUD 0 PUD Amendment ❑ Administrative Interpretation ❑ Appeal of Administrative Interpretation O Areas and Activities of State Interest O Accommodation Pursuant to Fair Housing Act ❑ Variance O Time Extension (also checktype.of original application) VOLVED PARTIES Ownerf Ap licant Name: 13 Cif+ 't k Mailing Address: ro. e City: ,'t9) Phone: ( 4170) 7&, - 2 State: Zip Code: 11. 7 E-mail: Representative (Authorization Required) CPI) Name: 4.-41T ' dt,c).0 .) Phone: ( C !) �� t -- l t j`1b Mailing Address:�•O� City: 4f A ,4'' 0A) 111 c7 State: ( ti Zip Code: 101 E-mail: l-4 n.a41 1-- • c ---L) PROJECT NAME AND LOCATION Project Name: e-'4 - Assessor's Parcel Number: 2' f S j - /0 5 - D 0 - Physical/Street Address: D' S 46 r7 24.4 /± , c (r7' '1\712 '2, aiLZ Legal Description: 4 t ' ��-", r � �� � � R' oA3 Zone District: Property Size (acres): `-7"6" 74 DJECT DESCRIPTION Existing Use: !t dab.��.r;'7 A--)&1 4i _4 A-' LoGP �� s vo�vt VA) Proposed Use (From Use Table 3-403): Description of Project: 0i%47 -- c�1 r rhe -iz_ 7 1/e.- },46, r " ‘or EQUEST FOR WAIVERSL i, r . Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner Date OFFIC AL USE -ONLY File Number: S U' N A - 0 0 Fee Paid: $ 3DO . D D Primm QTc.► l3 EttiklATXX Garfield County Community Development Department 108 Eighth Street, Ste 401 Glenwood Springs, CO 81601 Dear Sirs, This letter is to authorize Tim Thulson and Richard Hallett to act as representatives of Red Barn Guest Ranch, LLC. Lawrence R. Halonen Managing Partner, Red Barn Guest Ranch, LLC STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: Red Barn Guest Ranch LLC, a Colorado limited liability company The type of entity is a: [ 1 corporation [ j registered limited liability limited partnership [ 1 nonprofit corporation [) limited partnership association [X] limited liability company [ 1 unincorporated nonprofit association [ 1 general partnership [ 3 government or governmental subdivision of agency [ ] limited partnership [ 1 business trust [ 1 registered limited liability partnership [ j trust ?, 3. The entity is formed under the laws of State ofColorado 4. The mailing address for the entity is: 345 Mid Valley Lane a/k/a 345 County Road 262, New Castle, CO 81647 5. The [X j name(s), or [X j position(s) of each person authorized to execute -instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Lawrence R. Halonen, Manager/Member Mary Pat 1-talonen. Member 6. (Optional) The authority of the foregoing person(s) to bind the entity is [ 1 not limited [ 1 limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. frl Executed this t day of March, 2017 C;) By: L.a rence R. Halonen, Manager/Member By: 4pry ft I4alonen, Member State of ) ss. County of._ The foregoing instrument was acknowledged before me this day of March, 2017 by: Lawrence R. Halonen as Manager/Member and Mary Pat Halonen as Member of Red Barn Guest Ranch LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public CALIFORNIA ALL -.PURPOSE ACKP OWLEDGIVIENT CIVIL CODE § 1189 rACE`OMEMI: F3YJ•:C.ssC-4r.E"i reGFEC .�� ;Y�ii?. i5tr C.,, .&�,a.�' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of 6r Arn-e_ On .ardn ` >� 2.6R- before me, �t7.Gl� 1 �4ldlrl \k U \\ M v-( pLf�a/lG Date Here Insert Name and Tffe of the Officer personally appeared 1.OU,}'''lui c e Z- 64 \ O V'N't vi cx r'i r 1 Name(s) of Signer(s) 1?c - \la\0in-e.n who proved to me on the basis of satisfactory evidence to be the person s) whose name(s),i re subscribe to the within Instrument and acknowledge me that „Weld Rh executed the same psi ei authorized capacity(fes), and that ley tl I e the ' signature(s) on the instrument the person(s), or the en ty upon behalf of which the persons) acted, executed the instrument. ELIZABETH MURILLO Commission 4. 2016404 Notary Public - California z Orange County My Comm. Expires Mar 30, 20T7 K Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State at California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL 12 'nature of Nota Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.. Description of Attached Docuttv.nJt, (. -t ic(Aor ( Title or Type of Deome t' l) VA ill\EtA/1 Document Date: 3/1 Number of Pages: Signer(s) `-)— Signer(s) Other Than Named Above:f Capaoity(ies) Claimed by Signer(s) Signer's Na e: ❑ Corporate oer — Title(s): ❑ Partner — 0 iced 0 General ❑ Individual i! attorney in Fact ❑ Trustee 0 rdlan or Conservator ❑ Other: Signer Is Representing: Signer's Name. ❑ Corporate Office ❑ Partner — ❑ Lim ❑ Individual ❑ Trustee ❑ Other: — Title(s): ed 0 General ttorney in Fact uardian or Conservator 0 Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 115907 IB SPECIAL WARRANTY DEED THIS DEED; made on March 15, 2017, between Fred A. Chaney of the County of Pinellas, and State of Florida, grantor(s). and Red Barn Guest Ranch LLC, a Colorado limited liability company whose legal address is : 345 Mid Valley Lane a/k/a 345 County Road 262, New Castle, CO 81647 of the County of Garfield, and State M. -Colorado, grantee: WITNESS_ that the granior(s), for and in consideration of he sum of len dollars and other good and valuable consideration, the receipt and sufficiency of' which is hereby acknowledged, have -granted, bnrgained, sold and conveyed, ;and by thee° presents do gran!, bargain, sell, convey and confirm unto ;he grantee, its successors and assigns forever, all the reel property, together with improvements, if any, situate, lying and being in Int County ofGarfield and Slate of Colorado described as follows: AS SET FORTH ON EXHIBIT "A" also known by street and number as: 345 Mid Valley Lane a/it//746 a County Road 262; New Castle, CO 81647 TOGETHER with all and singular the hereditaments end appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of iho grantor(s), either in law or equity, of, in and to the above bargained premises. with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, will; the appurtenances, unto the grantee, its successors and assigns forever. i tie grantort5), for themselves, their heirs, and personal representatives, successors arid assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the gide: and peaceable possession of the grantee., its streenseors and assigrs, against all and Crecy person or persons claiming the whole or any part !hereof, hy, through or under the granior(s), except those items as set forth in Exhibit "B" attached hereto. 1N WITNESS WHEREOF, [he grantor(s) have executed this deed on the date set forth above. Fred B. Chaney STATE, OF COUNTY OF Q dkcts F The Foregoing instrument was acknowledged before me on Ivtarch t aryl. 2017, by Fred 13. Chaney_ WITNESS4tand and ollicial s i'vlycommission expires: 2115/70 \ Commonwealth File No. 1610063-3 Return to: Red Barn Guest Ranch LLC, a Colorado limited liability company 345 Mid Valley Lane New Castle, CO 81647 No. 16. Rev. 4-94. SPECIAL WARRANTY DEED Note y Public CALEY ROBERTS NOTARY PUBLIC STATE OF FLORIDA Comm# FF196341 Explree 2/5/2019 File No. 1610063-3 EXi;tiLlT "A" A tract of land situated in the Southeast s/< Northwest and the 'Northeast 1/4 Southwest'/ of Section 6, Township 6 South, Range 91 West of the Sixth Principal Meridian, being more particularly described as foliows: Beginning at a point on the southerly right-of-way fence of a County Road whence the Northwest Corner of said Section 6 bears North 33°35'41" West 2,632.47 feet; thence along said right-of-way fence the following courses: South 88°01' 13" East 548.55 feet; thence South 866°32'34" East 265.09 feet; thence South 68053'42" East 85.61 feet; thence South 28°45'57" East 442.94 feet; thence South 00°27'29" East 428.64 feet to the centerline of the Ware and Hinds Ditch; thence along said Ditch centerline the following courses: South 51°43'16" West 138.49 feet; thence South 76°56i3" West 134.52 feet: thence North 87°43'10" West 185.83 feet; thence South 87°48'14" West 120.88 feet; thence North 4 g°48'42" West 11 1.1 1 feet; thence North 44°46:12" West 91.02 feet; thence North 57°02'43" West 175.44 feet; thence North 50°58'37" West 65.75 feet; thence North 48°17'09" West 182.27 feet; North 41°50'16" West 169.04 feet; thence North 57°26'40" West 31.13 feet; thence leaving said ditch centerline on a course bearing North 07°14'07" Gast 461.33 eet TO THE POINT OF BEGINNING. EXHIBIT "B" Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public recorc, Right of the proprietor ora vein or lode to extract and remove his ore therefrom, should the sank be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of lite United Slates, as reserved in United Stales Patent recorded February 24, 1896 in Boot; 12 at Pnge 409. :eight of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March IS, 1902 in Book 56 at Paec 441. Map and Statement or the Ware and Hinds Ditch, filed July 16, 1896 as Reception No. 19478. Decree, Map and Statement for the Nelson £niargemcnt of the Ware and i linds Ditch recorded December 4, 1897 in Book 39 at Page 315 as Reception No. 20513. Reservation of an undivided one-half interest in and to all oil, ens and other minerals ns described in deed recorded Aueust 14, 1950 in Book 2552 at Page 61 and any interests therein or assignments thereof. Terms, conditions and all matters set forth in Garfield County Resolution No. 79-125 recorded October 12, 1979 in Book 537 at Page 199. Right of way for County Road No. 214 and 262. Easement and rights of way for all ditches, canals, laterals, pipelines and utilities as constructed and in place. Possessory rights outside of fence, apparent easement for overhead utilities, easement for the Ware vsT•. Hinds Ditch and ail matters shown an Improvement Location Certilicale prepared by Divide Cteck Surveyors Inc. dated November 17, 2016, Proj. 1012912015. OU 1 T CLAI1ti3 DEED (Water Riahl.:) Fred B. Chaney, Grantor, for and in consideration of the sum of ten dollars ($10.00), in hand paid, hereby sells and quitclaims to Red Barn Guest Ranch, LLC, Grantee, whose address is 345 Mid Valley Lane, New Castle; Colorado 81647, any and all right, title, interest, claim and demand which Grantor has in and to the following water and water rights, ditch and ditch rights, well and well rights, to wi: (a) An undivided five percent (5%) interest in and to all water rights decreed to the P. Tomkins: a/k/a Thompkins, a/k/a Roseman Ditch, which diverts water from Elk Creek including Priority No. i 58aab decreed for 2.76 c.f.s. on February 1, 1912, with an appropriation date of November 10, 1900; Priority 177a decreed for 5.56 c.f.s. (1.4 c.f.s. decreed on February 10, 1913, with an appropriation date of March 9, 1910), and Priority 2201 decreed for 11.88 c.f.s. on January 1.1, 1943, with an appropriation date of viarch 4, 1921; (b) Twelve (12) shares in the Ware and Hinds Ditch Company; and (c) Two (2) water wells, one of which is identified by Well Permit No. 92777 issued August 26, 1977 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anr.vise thereunto appertaining, and all the estate, right, title,, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit, and behoof of Grantee, fl Grantee's heirs, successors, and assigns forever. Signed the day of ccrJ , 2017. GRANTOR: Fred B. Chaney By: 12 Fred 13. Chaney STATE OF clam ctck 1 ) ss. COUNTY OF t?AY'sa'VA.S The foregoing instrument was acknowledged before me this day of Myr-Cr 4 2017, by Fred Chaney, Grantor. WITNESS my hand and official seal. My cornniission expires on 2:6/ 7DD1Qt CAA Notary Public nq CALEY ROBERTS NOTARY PUBLIC STATE OF FLORIDA 'im4k Ccmrrnt FF196341 t`E x$' Expires 2/512019 Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("CO NTY") and Property Owner ("APPLICANT") 1, 7A,F)'•A.3 C-_ agree as follows: 1 1. The Applicant has submitted to the County an application for the following Project: 4,04)0Z t1�() �i c-A;Trza.) cJ L ' C --e_ 4krt— 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Billing Contact Person: Z-#445.1/ Billing Contact Address: City: //11/ "'i OA) Billing Contact Email: (4. Phone: ( I) y�l 1 ` 1°.'S fJ / 5-44) State: LAo Zip Code: - ` 2-- cl 2.,¢%^'/41-4L,Dnl a a) 4r44.1, -iv. e..4bAA Printed Name of Person Authorized to Sign: Z4-7--.2.1 14 A, (Signature) (Date) EXHIBIT G 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 Plaza Building, in Glenwood Springs, on Monday, the 18t day of December AD 2017, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Kevin Batchelder , County Manager Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF AN ADMINISTRATIVE LAND USE CHANGE PERMIT FOR A COMMUNITY MEETING FACILITY ON PROPERTY OWNED BY RED BARN GUEST RANCH LLC, LOCATED AT 345 COUNTY ROAD 262, IN SECTION 6, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2181-063-00-135 Recitals A. An application for a Community Meeting facility was submitted by Red Barn Guest Ranch LLC on property located at 345 County Road 262, New Castle, CO 81647 approximately two miles east of the Town of Silt (File No. GAPA-05-17-8540). The property is approximately 20.76 acres in size. Ownership of the property is described in a Special Warranty Deed filed for record at Reception No. 890217 in the office of the Garfield County Clerk and Recorder. B. The Property is located within unincorporated Garfield County in the Rural (R) Zone District. C. A Community Meeting Facility may be permitted in the Rural (R) zone district with 1 an Administrative Land Use Change Permit. D. The Application was referred to the Board of County Commissioners by the Director of the Community Development Department by a Director's Decision Letter dated October 17, 2017. The decision to refer the Application to the Board for a decision was in accordance with Section 4-103(B)(4)(b) and Section 4-112 of the Garfield County Land Use and Development Code, as amended. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit, pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board opened a public hearing on November 20, 2017, for consideration of whether the proposed Land Use Change 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. The Board continued the Public Hearing until December 18, 2017. G. The Board completed a site visit to the subject property on December 11, 2017. H. On December 18, 2017 the public and interested persons were given the opportunity to express their opinions regarding the application. 1. The Board of County Commissioners closed the public hearing on the 18'" day of December to make a final decision. J. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, 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. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters, and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Red Barn Guest Ranch Community Meeting Facility application submitted by Red Barn Guest Ranch LLC is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. That with the adoption of conditions the application is in general conformance with the 2030 Comprehensive Plan, as amended. 2 River Fire Rescue. 6. Prior to the issuance of the Land Use Change Permit, the Applicant shall obtain and close out an Onsite Wastewater Treatment System (OWTS) permit from Garfield County Community Development. The system shall be installed consistent with the recommendations from Mountain Cross Engineering's OWTS report from March 23, 2017 or as that report is updated. A letter from a Professional Engineer stating that the OWTS was installed as recommended and that it meets all state and county required setbacks shall be required. A demonstration of compliance with this section shall be reviewed and accepted by the Community Development Department. 7. Prior to the issuance of the Land Use Change permit the Applicant shall provide an engineering review addressing the impact of Slaughter Gulch and any associated drainage, flooding, and/or debris flow issues that affects the property. If identified, the report shall include mitigation measures to address any issues that shall be completed prior to the issuance of the Land Use Change permit. The engineering report and associated demonstrations of compliance shall be reviewed and accepted by the County designated engineer and the Community Development Department. 8. Prior to the issuance of a Land Use Change Permit, the proposed parking area shall be reviewed by a professional engineer for storm water, drainage, and suitability issues as described in Section 7-302 (F) of the Land Use and Development Code. The Applicant shall implement any required improvements from that review, prior to the issuance of the Land Use Change Permit. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department and the County designated engineer. 9. Prior to the issuance of a Land Use Change Permit, the Applicant shall install and/or provide access to a year round water supply that will provide at least 1000 gallons of water per minute for two hours that meets Colorado River Fire Rescue's requirements. A demonstration of compliance with this condition shall be reviewed and accepted by Colorado River Fire Rescue, Garfield County's designated engineer, and the Community Development Department. 10. Prior to the issuance of a Land Use Change Permit, the Applicant shall install a treatment system for coliform for both wells on the property as detailed in the Colorado River Engineering Report dated May 5, 2017, and updated July 6, 2017. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department and the County designated Engineer. 11. Prior to the issuance of the Land Use Change Permit, the Applicant shall update the site plan to remove specific references to weddings and replace that language with broader 4 language to include all events. A demonstration of compliance with this condition shall be reviewed and accepted by the Community Development Department. 12. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 13. The Applicant shall comply with all local, state and federal regulations regarding facilities of this type. 14. Any music located in the Red Barn or the Carriage House shall comply with the decibel requirements as detailed in the Hankard Environmental Noise Study dated August, 23, 2017. The noise monitoring system shall be operated by the Applicant as detailed in Exhibit 32. 15. The Applicant shall comply with County and State noise standards. 16. Amplified music shall comply with site plan representations. 17. The Community Meeting Facility hours of operation shall be 12:00 p.m. to 10:00 p.m. 18. All music shall be located indoors after 8 p.m. and restricted to the Red Barn and the Carriage House. 19. All exterior lighting shall be downcast and shielded in compliance with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 20. Events shall be limited to a total of 300 people on the property, including, but not limited to event attendees and event staff. 21. The Applicant shall operate within Division of Water Resources conditions of approval for all wells serving the property. 22. The Applicant shall obtain Garfield County building permits for upgrades to structures that are required to meet the adopted Building Code and Fire Code. 23. All event parking on site shall be in the designated parking area. No parking shall be permitted on the driveway or the County Road. 24. If a Security Gate is installed on the property the Applicant shall install a Knox Box and work with Colorado River Fire Rescue, to allow access to the property. 5 Dated this day of 2018. ATTEST: GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield Nay_ , Aye_ , Aye_ 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 6 EXHIBIT H T1E-I3B RSD I3 AT G s F 4CI-1: Mr. Patrick Waller Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Red Barn Guest Ranch Project Description & Proposed Amendment The project is to renovate existing buildings on a 20.76 acre ranch site to allow events and community meetings. A Land Use Change Permit with conditions has been approved by the county. Condition #2 states that the "Red Barn" and "Carriage House" be upgraded to meet Garfield County building code requirements. The intent of this requested amendment is twofold; 1. Pursuant to a structural analysis of the Red Barn, it has been determined that it is not financially feasible to meet code requirements for this structure. Consequently, we wish to eliminate the Red Barn from the project entirely. It will not be used for any of the events or community meetings. 2. The proposed restrooms, originally planned to be in the Red Barn will be relocated into the Carriage House. They will be connected to the OWTS planned and approved for the project. Sincerely, Lawrence R. Halonen Managing Partner, Red Barn Guest Ranch, LLC Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: April 19, 2018 PROJECT: Red Barn Guest Ranch Community Meeting Facility PROPERTY OWNER: Red Barn Guest Ranch LLC. PARCEL NUMBER: 2181-063-00-135 LOCATION: 345 County Road 262 ZONING: Rural TYPE OF APPLICATION: Minor Amendment to an Approved Land Use Change Permit (Admin) I. GENERAL DESCRIPTION The Applicant is proposing to move the bathrooms on the site from the Red Barn structure into the Carriage House. Originally, the applicant represented that all bathrooms would be located in the Red Barn. It is staffs understanding that the OWTS that was designed for the Community Meeting Facility will be used by the new bathroom location. The Community Meeting Facility was conditionally approved on December 18, 2018 as application GAPA-05- 17-8540 and memorialized under reception number 905353. The applicant has not obtained a Land Use Change Permit at this time and is working on meeting Conditions of Approval. The Applicant will need to provide a description of the request. In addition, the Applicant will need to respond to each of the Minor Amendment standards and specifically demonstrate that each standard will be met with the proposed amendment. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Section 4-106 determines the process for an amendment to an approved Land Use Change permit. III. REVIEW PROCESS To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary information, the Director shall make one of the following determinations: a. Minor Modification Page 1 of 3 b. Substantial Modification. c. Determination by the BOCC IV. DETERMINATION In reviewing the information submitted, the Director has determined that the Review Criteria (Section 4- 106.C) for determining this proposed amendment to be a Minor Modification, has been met, as follows: 1. Comply with all requirements of this Code; The Amendment continues to meet all requirements of the Code. 2. Do not conflict with the Comprehensive Plan; The Amendment does not conflict with the County's adopted Comprehensive Plan. 3. Do not change the character of the development; The Amendment does not change the character of the development. 4. Do not alter the basic relationship of the development to adjacent property; The Amendment does not change the basic relationship of the development to adjacent properties. 5. Do not change the uses permitted; The Amendment does not change the uses currently permitted. 6. Do not require amendment or abandonment of any easements or rights-of-way; The Amendment does not require abandonment of any easements or rights of way. 7. Do not increase the density; The Amendment does not increase the density of the project. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and The Amendment does not increase the zone district dimensions to an amount exceeding the maximum dimensions in the Rural Zone District. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: The Amendment does not decrease the amount of any of the following to an amount below the minimum required in the Rural Zone district. a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; c. Any zone district dimensions in Table 3-201. V. APPLICATION REVIEW A. Reviewed by: Staff for technical completeness and compliance with standards B. Public Hearing(s): None C. Referral Agencies: None VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal requirements include the following for this Minor Modification: Page 2 of 3 A. General Application Material (4-203.B), including a. Application Form b. Letter of Authorization, for any consultant acting on behalf of the owners and/or leaseholder c. Statement of Authority d. Deed for the subject parcel e. Legal Description of Property f. Fees and Payment agreement form g. Project Description B. Copy of previously approved Land Use Change Permit and amendments C. Proposed amendment VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 (per application) Amendment to a Land Use Change Permit Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This summary is good for 6 months from the date of signature. Pre -application Summary Prepared by: Aril 19 2018 Patrick Waller Senior Planner Date Page 3 of 3 .. ..................... .. .. .. ................................ ;". • •• .;a • ff:';•,•= • ••• •••4 :::••••••' „ ::„..g:••••••• Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 vulva.v.gG1i'field ••cousiiv,coin PRE -APPLICATION CONFERENCE SUMMARY DATE: April 17, 2018 PROJECT: Red Barn Guest Ranch Community Meeting Facility PROPERTY OWNER: Red Barn Guest Ranch LLC. REPRESENTATIVE: Larry Halonen PARCEL NUMBER: 2181-063-00-135 LOCATION: 345 County Road 262 ZONING: Rural TYPE OF APPLICATION: Substantial Amendment to an Approved Land Use Change Permit I. GENERAL DESCRIPTION The Applicant is requesting to amend the Conditions of Approval for the Red Barn Guest Ranch Community Meeting Facility. The Community Meeting Facility was conditionally approved on December 18, 2018 as application GAPA-05-17-8540 and memorialized under reception number 905353. The applicant has not obtained a Land Use Change Permit and is required to meet current Conditions of Approval. The applicant has represented that they would like to amend the Conditions of Approval to allow for the temporary use of port-a-poddies for events. It is staffs understanding that the applicant would use this Wastewater Management Plan only temporarily, while the long-term bathroom facilities are being permitted and installed. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Section 4-106 determines the process for an amendment to an approved Land Use Change permit. a Garfield County Land Use and Development Code, effective July 15, 2013 • Table 4-102, Common Review Procedures and Required Notice; • Table 4-201, Application Submittal Requirements Page 1 of 5 III. REVIEW PROCESS To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary information, the Director shall make one of the following determinations: a. Minor Modification b. Substantial Modification. c. Determination by the BOCC IV. DETERMINATION In reviewing the information submitted (attached), the Director has determined that the proposed modification would be a Substantial Modification to an Approved Land Use Change Permit. This requires the submittal of a new application and a hearing in front of the BOCC, as the application was called -up for their determination. V. APPLICATION REVIEW A. Reviewed by: B. Public Hearing(s): C. Referral Agencies: Staff for technical completeness and compliance with standards BOCC — The Applicant is required to Notice as required for an Administrative Review Garfield County Designated Engineer VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201, as well as any ocher information deemed necessary by the Director. Submittal requirements include the following for this Substantial Modification. A. General Application Material (4-203.B), including ,/ Application Form "e Letter of Authorization, for any consultant acting on behalf of the owners and/or leaseholder ,,e! Deed for the subject parcel yd! Fees and Payment agreement form ,e' List with address of any Property Owners within 200' of the subject property Mineral Owners and addresses for the subject property g. General Description of the Application . Copy of previously approved Land Use Change Permit and amendments C. Updated Wastewater Management Plan to include a representation from a qualified professional regarding how many port-a-poddies would be needed to serve the use (capacity of 300 people) D. Updated site plan showing the location of the port-a-poddies E. Proposed amended language for amended condition of approval VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 (per application) Amendment to a Land Use Change Permit Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) Page 2 of 5 County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This summary is good for 6 months from the date of signature. Pre -application Summary Prepared by AB April 17, 2018 Patrick Waller Senior Planner Date Page 3 of 5 • . • • • .. . .......... : : : • •••••• •••• : • • ••• : •• • ••• " • •••••••:•.:::•:::•.€ . W••:::::46.• •