HomeMy WebLinkAbout20081654.tiff HEARING CERTIFICATION
DOCKET NO. 2008-47
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1627
FOR PUBLIC AND QUASI-PUBLIC BUILDINGS (CHURCH AND PRIVATE SCHOOL) IN
THE A(AGRICULTURAL) ZONE DISTRICT - CAMBODIAN CULTURAL CENTER
A public hearing was conducted on June 25, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Michelle Martin
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated June 6, 2008, and duly published June 13, 2008,
in the Greeley Tribune, a public hearing was conducted to consider the request of the Cambodian
Cultural Center for a Site Specific Development Plan and Use by Special Review Permit#1627 for
Public and Quasi-public Buildings (church and private school) in the A(Agricultural)Zone District.
Bruce Barker, County Attorney, made this a matter of record. Michelle Martin, Department of
Planning Services, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. She gave a brief
description of the location of the site and stated the access will not present a safety hazzard,
although it may require acceleration and deceleration lanes. She explained the current access is
provided through an easement, recorded on May 12, 2008. She stated this is significant because,
at the time of the Planning Commission hearing, the applicant did not have legal access and staff
recommended denial. However, the Planning Commission recommended approval, and delayed
forwarding the case to the Commissioners until such time as the applicant obtained access and a
Use Agreement with the appropriate neighbor. Ms. Martin stated staff received one letter of
opposition,and the Planning Commission discussion dealt primarily with the issues of compatibility,
property values, and access. She stated the site is within three miles of the Town of Erie, Boulder
County, Adams County, and the City and County of Broomfield. She stated the Town of Erie and
the City and County of Broomfield each indicated no conflicts with the proposal, and no response
was received from Boulder County or Adams County. Ms. Martin displayed photographs of the site,
which has two access points, with the primary access via a private access easement. She stated
the applicant is the only party to the easement, which lies in front of the subject property, although
the properties to the north and south have an interest since their properties split the road. She
further stated the access has been surveyed by the applicant's representative. Ms. Martin
explained the applicant intends to hold cultural meetings and functions, there is paved parking on
both sides of the residence, with the remainder of the property landscaped with trees, shrubs, and
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statues, and many of the large functions are held outside under tents. Responding to Chair Jerke,
Ms. Martin stated the Planning Commission delayed action for 120 days to allow the applicant time
to obtain an access agreement. She stated they voted, seven to two, to approve the request, and
the two members that voted in opposition expressed concern regarding the access issue. In
response to Commissioner Garcia, Ms. Martin stated her staff recommendation for denial was
based solely on a lack of access.
Lauren Light, Department of Public Health and Environment, stated the property is served by the
Left Hand Water District and an existing septic system. She stated staff inspected the system in
2006,and no failures were observed, and, in 2007, an engineer determined that the size of the field
was adequate for ten (10) residents. She stated waste handling is addressed in Development
Standards#3 and #5, and Conditions of Approval #4.A and #4.6 can be deleted, since the septic
system has been determined as adequate. She stated Development Standards #3 through #12
address all of the remaining health items,and staff has no concerns with the proposal. Responding
to Chair Jerke, Ms. Light stated the Planning Commission did modify some of the Development
Standards to more appropriately address the number of people using the site during various
activities or events, and she reiterated that an engineer has reviewed the septic system.
David Snyder, Department of Public Works, stated County Road 7 is classified as a strategic
roadway, and the site is accessed from County Road 7 along a private easement. He stated staff
is requiring curb stops for the parking spaces, as well as a water quality capture feature.
Responding to Chair Jerke, Mr. Snyder stated the private access does not currently have signage
for emergency responders, and he noted the private access is utilized by the subject site, as well
as six other residences. Responding to Commissioner Masden, Mr. Snyder stated signage is not
typically posted on private drives; however, the Board may add that as a requirement.
Commissioner Masden stated he prefers to have the access posted as a "Private Road - No
Outlet." Chair Jerke stated the road needs to be identified for emergency responders.
Todd Hodges, Todd Hodges Design, LLC, represented the applicant and stated the Board
previously reviewed a Recorded Exemption to correct an illegal land split,which also dealt with the
access to the site,although the access has been in use for more than 20 years. Mr. Hodges stated
the applicant has worked with staff to address all of the issues of concern prior to proceeding with
the case, and they are willing to address any remaining issues upon approval. He stated the
property was purchased in the 1980's, and since that time the illegal land split and access issues
have been addressed. He stated, upon surveying the property, it was determined that the entire
road is owned by the northern property owner, and all of the other property owners have separate
access easement agreements for perpetual access to their properties. He explained the applicant
is similar to a church; however, it creates a lesser impact, since there are only two large events per
year, for up to 200 people with a Cambodian heritage. He stated portable toilets are brought in for
the special events, and the applicant is proposing the addition of two open-wall, pavilion-type
structures with an additional restroom facility that can be tied into the existing septic system.
Mr. Hodges stated a monk resides in the existing structure, up to 49 people are allowed in the
residence for small events, and the applicant will also be applying for a building permit for the
converted garage. He stated they are also considering the installation of a sprinkler/smoke
detection system to be in compliance with the requirements of the Fire Protection District, and the
applicant is working with staff to determine the remaining landscaping requirements. He further
stated the City and County of Broomfield has annexed land adjacent to the site to the south and
throughout the surrounding area, the City of Erie is located to the west, and although the area is
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developing,the City and County of Broomfield and the City of Erie did not express any conflicts with
the proposal. Mr. Hodges stated the applicant has a good working relationship with the neighbor
to the north for use and maintenance of the access, and he displayed a photograph of the existing
"Private Road - Dead End" sign which is located immediately off of County Road 7 on the private
access. He further stated the applicant will continue to work with the Department of Public Works
to create the required water detention pond on the property.
In response to Commissioner Masden, Mr. Hodges stated there is a 30-foot access easement,
although the road is slightly less than 30 feet wide, and the Recorded Exemption criteria created
a recorded access agreement to serve lots A, B, and C, which runs with the land. Commissioner
Garcia referred to Development Standard #22, regarding the hours of operation, and questioned
whether the proposed hours will be adequate to include the time required for preparation and
clean-up following events. Mr. Hodges confirmed there will only be two large, outdoor events per
year, which are contained on the property. Ms. Martin stated there may be up to ten monks living
on the property, and the hours of operation are designed to address the special events and
meetings, not the daily activities of the residents. Responding further to Commissioner Garcia,
Mr. Hodges stated the applicant also conducts cultural activities and language classes for the
children, and the garden setting provides a nice one-on-one meeting place with the on-site monks.
Ms. Martin reiterated the standards were meant to address the specific events, not the potential
for daily visitors. Mr. Hodges stated he will discuss the issue with the applicant and address the
matter later in the hearing. Responding further to Commissioner Garcia, Mr. Hodges stated there
were some complaints regarding amplified sound during past events; however, the applicant
agrees to abide by the restrictions of the Development Standards. Responding to Commissioner
Rademacher, Mr. Hodges stated the site is similar to the surrounding smaller lots, the remaining
area is predominantly agricultural in nature, and the applicant will abide by the lower residential
decibel level. In response to Chair Jerke, regarding Development Standard #25, Ms. Light stated
industry standards indicate a facility must provide one toilet for every 50 people, and provide two
toilets for events lasting longer than eight hours. Chair Jerke recommended eliminating any
reference to"cultural activities," since it may be difficult to define. Mr. Barker stated the applicant
is the Cambodian Cultural Center, which implies the intent, therefore, the current language is
sufficient without further definition.
Sandy Rice, surrounding property owner, stated she is opposed to the application, since the use
does not comply with the Weld County Comprehensive Plan. She stated the area is served with
a private road, owned and maintained by the residents to the north. She also noted that parking
along the road has been a problem in the past during large events, and her father placed the
"Private Road - Dead End"sign to help eliminate lost traffic. Ms. Rice stated Recorded Exemption
#4660 was never completed or recorded, therefore, the property is still an illegal land split. She
also expressed opposition to the lengthy cultural events, and noted the applicant does not
contribute a proportionate share of the road maintenance, although it contributes a large impact
to the road. She referenced Section 22-2-60 of the Weld County Code, regarding Urban Scale
Development, and stated the proposed commercial use is not paying for its own way. She stated
the individuals coming to the site must realize there are agricultural activities which take place in
the area. She also referred to the various goals and policies of the Weld County Code, which she
read for the record. Ms. Rice stated many of the people in the audience attend at the facility;
however, they do not live in the area, and the applicant has not been a good neighbor in the past.
In response to Commissioner Rademacher, Ms. Rice stated she lives at the end of the road,to the
north, and the lots range from five to twelve acres in size. In response to Commissioner
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Rademacher, Mr. Barker stated the County does not provide enforcement on private roads, other
than through Development Standards with the planning process. Responding to Commissioner
Masden, Ms. Rice stated the property owner who granted the access easement is in support of the
request; however, there are six residences along the road,with half of the residents opposed. She
stated the applicant does not help with road maintenance, the activities last late into the night, and
noise has been a problem in the past. Responding to Commissioner Rademacher, Ms. Rice stated
the Recorded Exemption states all of the neighbors will share an equal cost for road maintenance;
however, use of the road is not equal. In response to Chair Jerke, Ms. Rice stated all of the
residences access from the private road extending off of County Road 7, and their mailboxes are
located at the road access. In response to Chair Jerke, Ms. Rice stated the City and County of
Broomfield has annexed land south of the site, and the proposed hospital is located south of
Highway 7. She reiterated that the Recorded Exemption was not properly recorded, and she
expressed concern with the access crossing over the head gates of two irrigation ditches.
Robert Graeber, surrounding property owner, stated he farms the land east of the subject site, and
his irrigation ditches go through the subject property. He submitted photographs of a toilet which
had been placed in the ditch, marked Exhibit I. In response to Chair Jerke, Mr. Graeber stated he
took the pictures yesterday, after promises that it would be removed earlier in the week. He stated
when he originally moved in, the properties had a different address; however, they were later
changed to County Road 7 addresses, although some of the lots are not adjacent to the County
Road. He stated the private road is narrow, and it is not necessary for the parties to start at 6:00
a.m., and end at midnight. He stated previous events have been very noisy, and he called the
County once to complain and did not get a response. He further stated, unfortunately the ditch
goes through the subject property, and he has to clean debris from the ditch on a regular basis.
Mr. Graeber stated he should not have to pay to maintain the road, since the residents are already
doing a good job using their own equipment, and he also expressed concern with the proposed
gate which will not allow him access to maintain the ditch. Responding to Commissioner
Rademacher, Mr. Graeber stated he is a retired teacher,and he currently farms 13 acres, although
he has not used the ditch in the last year. In response to Commissioner Garcia, Mr. Graeber
reiterated the events do last past noon, and he understood the application to mean the events
would last until midnight. He further stated the special events have amplified sound at least twice
a year.
Warren Woodward, surrounding property owner, stated he has lived in the area since 1967, and
he built the original road in 1974, for$34,000.00. He stated he maintained the road when he lived
there; however, he now resides in Denver. Mr. Woodward stated he moved the house to the
Graeber property in 1967, as well as one other residence. He stated there are various recorded
access easements along the 30-foot ingress/egress, and they do not restrict the road to access
for any specific land use. He further stated he sold his home and moved in 1990, and there are
four active residences in the neighborhood, one that has not been occupied for three years, and
now the Cambodian Center. He stated he supports the center and agreed to the grant the
separate access easement that affects only his property leading up to the Cambodian Center,since
he was unable to get Ms. Rice or Mr. Graeber to sign the original easement agreement.
Responding to Chair Jerke, Mr. Woodward stated he subdivided the properties and did not have
any covenants, other than creating the 30-foot easement for the road and irrigation ditch south of
the roadway. There being no further testimony, Chair Jerke closed public testimony.
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Mr. Hodges stated the proposal is not a commercial endeavor; however,the Use by Special Review
Permit is necessary, since the proposed use exceeds the standard residential use. He stated the
area is urbanizing and the proposed use is very compatible. He agreed that the surrounding lots
are used for agricultural purposes; however, they are not large enough to support a livelihood, and
the site will remain agricultural,with a residential component and the periodic special uses through
the Cambodian Center. He acknowledged there was an illegal land split, and the use commenced
without approval of the appropriate permits; however, the applicant initiated the Recorded
Exemption process in an attempt to bring the community together. He stated it became very
apparent that some of the neighbors would not support the requested access agreement,therefore,
the Planning Commission directed the applicant to deal with the owner to the north to gain the
necessary access, and the Conditions of Approval and Development Standards will address the
existing conditions on the site. He stated the applicant is committed to keeping the site clean and
orderly, they will pick up any trash, and avoid any obstructions or debris in the ditch. He further
stated off-site parking may have occurred in the past; however,the proposed permit will restrict that
activity, and the proposed gate referred to by Mr. Graeber will be an archway large enough for
emergency responders to enter the site. He stated the application indicates the special events will
take place between 6:00 a.m., and midnight, therefore, Development Standard #22 needs to be
modified to reflect applicant's intent for evening events. In response to Commissioner Masden,
Mr. Hodges stated the applicant is agreeable to ending the outdoor events at 9:00 p.m.
Responding to Chair Jerke, Mr. Hodges stated he and the applicant have reviewed, and concur
with, the Conditions of Approval and Development Standards, as proposed and modified.
Chantkhan Preap, interpreter for the resident monks, stated the monks are highly appreciative for
the Board's consideration of this request,and they will continue working to address any outstanding
issues. He stated they love being a part of the neighborhood, and as refugees to this country, they
bring nothing but their culture. He stated they respect the neighbors, and feel that this is a nice and
safe place to live. He further stated they did not place the toilet in the ditch, and they are
committed to keeping the ditch area clean.
In response to Mr. Barker, Ms. Martin stated Recorded Exemption #4660 was recorded June 18,
2008,which addressed the illegal land split of Lots A, B, and C, which took place in the late 1970's.
She stated the Cambodian Cultural Center is located on Lot A, with Lots B and C to the west. She
further stated Mr. Woodward owns Lot A, and the Davidsons owns Lot B, and the Recorded
Exemption process required proper access from County Road 7. She stated the parties to the
Recorded Exemption granted themselves an easement to access Lots A and B. Responding
further to Chair Jerke, Ms. Martin stated the Recorded Exemption was considered and approved
by the Board. Following discussion, the Board agreed with restricting the outdoor activities
to 9:00 p.m., and Mr. Hodges stated darkness is not required for the activities.
Diana Blair, attorney for the applicant, stated the large events are held outdoors and in the Fall and
Spring, since the Cambodian New Year is in April, and she confirmed that there will be minimal
outdoor lighting. The Board agreed to amend Development Standard #22 to remove the word
"cultural"and restrict the hours to 9:00 p.m. Upon further discussion, the words"cultural activities"
were replaced with "outdoor festivities."
In response to the Board's previous discussion, Ms. Light proposed amending Development
Standard#25 to state,"At a minimum,two(2)portable toilets are required for each additional group
of 50 people." Ms. Martin also requested Development Standard #26 be modified to replace
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"Johnstown" with "Mountain View" to reflect the appropriate Fire Protection District. Mr. Hodges
requested Condition of Approval#2 be modified to extend the deadline for submitting the plat from
"30" to "60" days. Ms. Blare stated she and her client agree with the proposed amendments.
Ms. Light stated Conditions of Approval #4.A and #4.B may be deleted, since the system was
previously reviewed by an engineer and determined to be adequate, and she also advised the
applicant that Development Standard #10 requires a permit for any changes. The Board and
applicant concurred.
Commissioner Rademacher stated there is always the potential for a cultural clash,and he advised
the applicant to be aware and abide within the parameters of the USR permit, acknowledging the
requirements of their new home. He further stated the area is urbanizing and the agricultural
activities of area residents are becoming more of a hobby than a primary livelihood, and he
confirmed the Planning Commission voted to approve the request, with a vote of seven to two, as
referenced in the record.
Commissioner Long stated the area is changing;however,he feels the proposed use is compatible,
and it is appropriate for the applicant to establish their cultural footprint in the area for the future.
Commissioner Masden stated many of the unique circumstances in the neighborhood have been
addressed through the Recorded Exemption and Use by Special Review permits. He stated the
planning process has increased the applicant's awareness of the need for compliance and
adherence, while working with the neighbors to avoid future complaints. He advised the applicant
that complaints from the surrounding residents may result in revocation of the permit; however, he
feels the permit will improve the existing conditions and result in better activities at the site.
Commissioner Garcia stated the permit creates another level of oversight and responsibility for the
land owner, and if they do not comply, it may be revoked. He stated it is a tool of permission for
the activities,which also allows oversight by the government. He advised the applicant to maintain
a good relationship with the neighbors, and if concerns are raised, it will be in their best interest to
address them quickly.
Chair Jerke stated the applicant should have done more to be a good neighbor to help maintain
the road, prevent off-site parking, and limiting the noise to reasonable hours. He stated this will
be an intense use that is not compatible with the existing small agricultural lots, therefore, he does
not support the application.
Commissioner Rademacher stated the major issue of concern was the road, and the applicant's
attempts to bring the neighborhood together were not accepted. He stated the area is changing,
and he feels the proposed use will be compatible with the anticipated uses in the area.
Commissioner Masden stated his previous comments did not consider the issue of compatibility
or the poor working relationship with the neighborhood prior to this hearing. He stated, although
the area is changing, the immediate neighborhood will likely remain unchanged for a long time,
therefore, he no longer supports the application.
Commissioner Garcia moved to approve the request of the Cambodian Cultural Center for a Site
Specific Development Plan and Use by Special Review Permit#1627 for Public and Quasi-public
Buildings (church and private school) in the A (Agricultural) Zone District, based on the
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recommendation of the Planning Commission, with the Conditions of Approval and Development
Standards as entered into the record and modified. The motion was seconded by Commissioner
Rademacher. Upon a roll call vote, the motion carried three to two, with Commissioner Masden
and Chair Jerke opposed. There being no further discussion, the hearing was completed
at 12:30 p.m.
This Certification was approved on the 30th day of June, 2008.
APPROVED:
Is BOARD OF COUNTY COMMISSIONERS
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WELD COUNTY, COLORADO
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Weld County Clerk to th' p•= .
Vir A EXCUSED DATE OF APPROVAL
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2008-1654
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1627 - CAMBODIAN CULTURAL CENTER
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/19/2008
and 12/18/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Access and Utility Easement Agreement
F. Planning Staff Certification and Photo of sign posting
G. Sandy Rice E-mail response from CTB and concern re:
sign posting, dated 06/25/2008
H. Planning Staff Letter from Laube Engineering, LLC, dated
02/06/2008
Robert Graeber Three photographs
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