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Home My WebLink About20080317.tiff flit0H1\ e;DI DEPARTMENT OF PLANNING SERVICES Planning Division-Greeley Office 918 10T Street GREELEY, CO 80631 e-mail: kogle@co.weld.co.us PHONE: (970) 353-6100, Ext. 3549 FAX: (970) 304-6498 C. COLORADO January 22, 2008 Reverend Jackson B. Sherwood c/o New Hope Family Christian Church 4951 Shenandoah Avenue Firestone, CO 80504 Subject: Conditions of Approval, USR-1574 Dear Jack: The Department of Planning Services acknowledges receipt of your diligent attempts to resolve the issue of the required annexation agreement with the Town of Firestone as stipulated in the Board's Resolution. For reference, please review the following citations: It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-260 of the Weld County Code as follows: 2.A Section 23-2-260.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-2-60.D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is within an area can support such development." The projected population of the congregation as indicated in the application materials, the purported annexation agreement with the town of Firestone and the required improvements to the site will ensure that the area is able to support said use. 2.D Section 23-2-260.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The subject property lies within the Intergovernmental Agreement Area for the Town of Firestone and is also within the three-mile referral area of the Towns of Frederick and Firestone and the City of Dacono. The Town of Frederick, in a referral dated August 18, 2006 had concerns on the impact of this facility on the surrounding transportation system including roads annexed to the Town. The Town of Firestone and the City of Dacono did not return a referral. There are five property owners within 500 feet of this proposed facility and staff has not received any letters or telephone calls of concern. /� 2008-0317 l.,n-weuxia,(µ"7O j-a8-acsa8 As you may be aware, the Intergovernmental Agreement between the Town and the County has expired and is no longer recognized by either entity. This issue is of importance to your approved land use application which stipulated that an annexation agreement be obtained prior to recording your Site Specific Development Plan and a Special Review Permit plat(s). Given that there is not an Intergovernmental Agreement recognized, the condition of approval stipulating that an annexation agreement be obtained is no longer a requirement. Should you have other concerns or questions, please contact this office at the numbers listed in the masthead. Thank you. Sincerely, 1140 Kim Planning Manager ec: Clerk to the Board File:USR-1574 January 4, 2010 TO: USR-1574 File From: Trevor Jiricek Subject: Request to refund $$ I spoke with Rev.Jackson Sherwood concerning his letter request dated December 21, 2009,to refund $4412.89 to him. I explained to him that because there is a pending USR on the property that any$$ they previously paid couldn't be considered for refund unless the USR was vacated. Because the property has been transferred to a new owner, I also explained that we'd need to receive a letter from the property owner indicating that they would like to use the property only as a residence and intend to vacate the USR. Rev.Sherwood indicated that he'd ask the current owner to submit a letter. Based upon review of the file I believe the following$$ could be refunded in the event the USR is vacated: • All of the Road Impact Fee = $3,082.99 • 80%of the Building Permit Fee of$806= $644.80 • None of the Plan Review Fee of$523.90=0 In summary, $3727.79 could be refunded to Rev.Jackson if the current property owner vacates the USR. P� /gee t i,sp k W'kt:91unty Planning pepartmeo1 �� a, " �, r1ECEY OFFICE c-i- r l S,i ;,Ci R ;nrr ?8?nnq1 rt�ll �ca!!e� , 7 �,ra a ,, t k A , r ®®�w 1`1111151-ries ,,1„:,,,,,d., , vt ' v ua atiec f RECEIVED ' jn Ii, I `dig n.indoi h Avenue :-. 177-';,-J1 I Ili�lt.11.. C.olorado sasp4 t<,,n N ;r",-534- 4p4 >'f , Ir„:Fr December 21,2009 Mr.Trevor Jiricek Department of Planning and Zoning 918 10th Street Greeley,CO 80631 Dear Sir: We purchased 15 acres at 8076 Weld County Road 18, Ft. Lupton with the plans to start a Church and a Ministry Center there. We went through the first stages of special use and the associated costs in the following timeline: 7-24-06 $2500 Special Use Permit 2-6-07 $42 Weld County Time Inspection on Existing Building 9-18-07 $141.13 Weld County Permit to Remodel Existing Building for Small Group Meetings. Total $2683.13 We were granted the use with specifications and following specifications received the required approvals from the fire marshall, drainage,sewage,etc. Associated cost requirements from specifications: Septic Engineering Initial Costs $1,600 Weld County Required Changes to Engineering Costs $ 501.64 Parking Lot Paving $ 2,800 Electrical/Mechanical Requirements,(exit signs,rewiring, etc.) $11,446.66 Handicap ramp,doors, handicap upgrades $ 7,680 Total for building compliance $24,028.30 Additionally Weld County required that we have an annexation agreement with the Town of Firestone at a cost of $1789.00. Although it was our misunderstanding, we were under the impression that once building approvals were met we could use the building since we met all the requirements listed that we were initially given. However,we were then told we then needed a change of building use permit.Then on July 31,2009 the county required a new road study. We paid$4412.89 for a chase of use permit and a road study in addition to the above building and use permits. Up to that point we had invested$32,913.32 just for county permits and to meet county requirements. With less than 20 people in the church we were still not allowed to use the property, even once a week and the church renting from us was told to desist. Because the costs were becoming prohibitive the financial base of people became discouraged. Shortly afterward we listed the 15 acres for sale and on October 31,2009 we closed on it with a loss of what we invested into it. Since no road study was done and no change of use was activated, we would like to request a refund of $4,412.89 to the ministry. We would be very grateful for your consideration of this matter. Thank you for your help. Sincerely, 1 q I,,/) C.t-{ .1_a-u- c a n-(t^c p_l. Rev. Jackson Sherwood ; r`t +� 303-684-6424 J J s l I{�.Cv-w @ cutiv\Qc,s '+ - i c- CC: Kim Ogle, Planner 10M9 DEPARTMENT OF PLANNING SERVICES Greeley Planning Office ' 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us O E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO August 3, 2009 7 Pastor Jackson Sherwood Carbon Valley Ministries 4951 Shenandoah Avenue Firestone, Colorado 80504 Subject: Special Review Permit#1574, Outstanding Conditions Dear Pastor Jackson Sherwood: The Department of Planning Services is in receipt of the mylar plat presented to this office for recording. Staff has reviewed the Conditions of Approval for this land use case and finds the following items outstanding without correspondence from the referral agency demonstrating compliance with their condition. In some instances a simple statement will suffice, in others a response of acceptance and approval of the condition is required. The outstanding issues known at this juncture include: 1.C. The applicant shall enter into an Improvements Agreement According to Policy Regarding Collateral for improvements and post adequate collateral for all required materials, or complete the required improvements. The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. 1.D. The applicant shall attempt to address the requirements and concerns of the Fort Lupton Fire Protection District, as stated in the referral response Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 1.E. Given that the Fort Lupton Fire Protection District will require some type of fire protection for the structure, the applicant shall contact the Central Weld County Water District to determine if there is capacity to provide additional water service, and, if adequate pressure exists for a fire hydrant, or the equivalent, to mitigate the concerns of the Fort Lupton Fire Protection District and the Department of Building Inspection. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 1.F. The applicant shall submit a Dust Abatement Plan, for review and approval, to the Weld County Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 1.G. The applicant shall provide written evidence that the facility has an adequate water supply, i.e., well or community water system. 1.H. The septic system serving the home shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load(church,etcetera). The review shall be submitted to the Environmental Heath Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 1.1. The septic system design shall comply with all County and State laws, regulations, and policies. In the event the septic system requires a design capacity of over 2,000 gallons of sewage per day, the applicants shall provide evidence that all requirements of the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment(specifically Policies WQSA-6 and WQCA-8)have been satisfied. Evidence of compliance shall be provided to the Weld County Department of Public Health and Environment. The applicant may also provide evidence from the WQCD that they are not subject to these regulations. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 1.J. The applicant shall comply with all Department of Building Inspection requirements,as listed in the referral dated September 6, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. 3.B. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one acre in area. The applicant shall contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. ,1 C. The applicant shall provide dust suppressant on Weld County Road 17, given the additional impact of the proposed church, daycare, and private school facility. The dust suppressant shall be placed in front of the residence at 7812 Weld County Road 17,for approximately 300 feet. Both points of ingress or egress to the Church should be dust abated also. The dust suppressant(magnesium chloride or calcium chloride)shall be applied no less than twice a year, or more often as designated by the Weld County Department of Public Works, Motor Grader Division Supervisor. Please submitted written evidence of compliance with each of these conditions. Upon receipt of each item staff will prepare the plat for recording. It is important to state at this time, should on- site improvements be required as a part of Phase 1 of 3, a site specific improvements agreement will be prepared by staff. Please let this office know at your earliest convenience of your intention. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, Kim Ogle Planning Services File: USR1574 MEMORANDUM WI TO: Kim Ogle, Planning Services DATE: May 28, 2009 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: USR-1574, New Hope Family Christian Church On May 9, 2007, the Board of County Commissioners approved USR-1574. As a part of the approval, the conditions and development standards, Items No. 3C and No. 26 reflect applying dust suppressant to both County roads as a part of the approval process. As the projected growth and the economy has taken a down turn in the area, the Weld County Public Works Department recommends keeping the dust control in place but not taking effect until Phase II of the USR comes into play. The applicant is indicating that Phase II will accommodate 199 people which pertains to approximately 50 more vehicles. I have re-evaluated the site. The distance from the site to the nearest subdivision and town (Firestone) is approximately two miles away even though Firestone has annexed towards the USR site. As development is not occurring in the area, Public Works recommends delaying the dust control until Phase II is in place. pc: USR-1574 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1574\USR-1574-B.DOC • car oil Valley ,� . ' Milaistries °,:i`v �� w a: I9`I Shenandoah Avenue '4 sc, d Iirestonc, Colorado 80504S`" 4" '' 303-684-6424 rt May 19, 2009 Department of Planning Services Planning Division North Office 918 10'° Street Greeley, CO 80631 Attn: Thomas E. Honn, AICP RE: Road Impact Fee Assessment for site address 8076 CR 18, Ft. Lupton, CO Special Review Permit#1574; BCR09-00363 New Hope FCC Dear Mr. Honn: We would like to appeal the fee assessment for the above referenced property indicated in your May 11, 2009 letter for the following reasons: (1) Due to externalities beyond our control, we are limiting the current application to Phase I of the Special Use Agreement and downsizing the current project from a full-service church to a small chapel for local use only, to accommodate small meetings such as Boy Scouts, food bank, Bible Studies, etc. (2) The main meeting room will be limited to a maximum occupancy per fire code (approximately 42). (3) This is a change of existing building use and no structural changes will be made to the existing building: all interior walls and fixtures will remain intact. (4) Building Department has inspected the facility and minimal upgrades will be required to make the building handicap accessible and meet current commercial code standards. (5) Ft. Lupton fire marshall has inspected the building and requires minimal upgrades. (6) No land surface changes will be made, so there will be no change to existing drainage or ingress and egress. (7) At such time as we would determine that we could expand into Phase II of the Special Use Permit, we are willing to provide collateral when we pull the permit for a new structure. (8) As of 2008 we observed dust abatement being applied on WC17 from Firestone's water storage tanks on WC 17 up to WC 18/Grant and also from the NW corner of the property going into Firestone. We are in the process of determining who is currently applying the dust abatement (whether it is Frederick or Firestone or both)and will forward that information to you from them. At the time of our original use application, we received a release from Firestone, who did not require us to pay for dust abatement under our Phase I use, since the impact was minimal. From our recollection, Kim Ogle was notified by email from Firestone officials at that time. (9) As we are not a developer and will not derive profit from this development, the current assessment fee imposes a substantial burden on our ability to serve the community as a religious non-profit. Although we do not request special treatment, we do request consideration of the unusual circumstances of this development. Thank you for your kind consideration. Please feel free to call us at 303-684-6424. Sincerely, Pastor Jackson Sherwood Cc: Kim Ogle a DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street WI I Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us Col E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 • FAX (970) 304-6498 COLORADO SENT VIA E-MAIL AND US MAIL April 28, 2009 Mr Steve Owings 8076 Grant Avenue Firestone, CO 80504 Subject: Use by Special Review permit number USR-1574 Dear Mr Owings: The Department of Planning Services was provided notice that the Living Water Northgate church facility was operating on land described as Lot A of Recorded Exemption#4300; being part of the N1/2 NW 1/4 of Section 28, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. This property is further described as 8076 County Road 18, Firestone, Colorado. This parcel was approved for a Site Specific Development Plan and Use By Special Review Permit#1574 for a Church, Childcare Center, and Private School in the A (Agricultural) Zone District - New Hope Family Christian Church on May 9, 2007. The applicant was Jackson Sherwood. As you may be aware, Mr. Sherwood is the land owner of this parcel per the Assessor's Record for Weld County. This document is enclosed. The Special Use Permit was approved by the Board of County Commissioners during a public hearing in which Commissioner Jerke moved to approve the request of New Hope Family Christian Church for a Site Specific Development Plan and Use by Special Review Permit#1574 for a Church, Childcare Center, and Private School in the A(Agricultural)Zone District, based upon the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion included modifying Development Standard#26 to require dust abatement on County Road 18 from the intersection with County Road 17, east to the property access. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Condition of Approval number 6 states: "The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee." r • Further, Condition of Approval number 7 states:"The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder." This document has not been submitted for recording nor have the associated requirements been met." Given this current status, this property is in violation of both the Building Code and the Land Use Code for Weld County. Therefore, the Department of Planning Services requests that Mr. Owings and Mr. Sherwood contact this office immediately to commence discussion on bringing the referenced property into compliance for all structures and land use issues. Should this office not receive contact from you or your representative, this office will immediately commence with and staff will arrange for a probable cause /show cause hearing to revoke the action taken by the Board of County Commissioners in granting this conditionally approved Special Use Permit. Should you have any questions or concerns, please contact this office. Thank you. Sincerely, Kim le Planning Services Enclosures pc: T. Honn Building Official L. Dodge, Building P.Gregory,Building Compliance E.Gesick,Clerk to the Board File: USR-1574 Copied via USMail Reverend Jackson B.Sherwood New Hope Family Christian Church 4951 Shenandoah Avenue Firestone, co 80504 Hello