HomeMy WebLinkAbout20081615.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Paul Branham that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
• CASE NUMBER: USR-1627
APPLICANT: Cambodian Cultural Center Non-Profit Corporation
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 S2 NE4 of Section 33, T1N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Public and
quasi-Public Buildings including a Church and a Private School(Cambodian
Cultural Center) in the Agricultural Zone District.
LOCATION: North of State Highway 7 and west of CR 7.
be recommended for approval to the Board of County Commissioners for the following reasons:
1.The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-240.A.8 of the Weld County Code states,"The access shall be located and designed
to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the
vehicle accessing the property. For USES generating high traffic volumes and large number of
large, slow-accelerating vehicles,acceleration and deceleration lanes may be required to mitigate a
potential traffic hazard."
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
• The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to scheduling the Board of County Commission hearing:
A. The applicant shall submit a recorded copy of an agreement signed by all of the owners of
the property crossed by the access to the Weld County Department of Planning Services.
The access shall be for ingress and egress. If an agreement cannot be reached within 120
days, the case will be forwarded to the Board of County Commissioners.
2. Prior to recording the plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on
the plat in accordance with the State requirements as an attempt to mitigate concerns. The
plat shall be amended to include any possible future drilling sites. (Department of Planning
Services)
B. The conditions of approval and the plat for RE-4660 as approved by the Board of County
Commissioners on July 30, 2007 shall be addressed and the plat recorded. (Department of
Planning Services)
C. The applicant shall submit to the Weld County Department of Planning Services a recorded
copy of the deed with the following legal description: Lot A of RE-4660 being part of the S2
S2 NE4 Section 33,Ti N, R68W of the 6th P.M.,Weld County, CO. (Department of Planning
• Services)
1
EXHIBIT
2008-1615 R
US2. 41421
Resolution USR-1627
Cambodian Cultural Center Non-Profit Corporation
Page 2
• D. The applicant shall attempt to address the requirements(concerns)of the Mountain View Fire
Protection District, as stated in the referral response dated October 1, 2007. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Mountain View Fire Protection District)
E. The applicant shall address the requirements of Left Hand Water District as stated in the
referral response dated October 15, 2007. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Left Hand Water District)
F. The applicant shall address the requirements of Weld County School District RE-1J as stated
in the referral response dated October 5, 2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Weld County School District
RE-1J)
G. The applicant shall attempt to address the requirements (concerns) of the Weld County
Paramedic Services as stated in the referral response dated September 28,2007. Evidence
of such shall be submitted in writing to the Weld County Department of Planning Services.
(Weld County Paramedic Services)
H. The applicant shall attempt to address the requirements (concerns) of the Weld County
Sheriffs Office,as stated in the referral response dated November 9,2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Weld
County Sheriffs Office)
The applicant shall address the requirements(concerns)of the Weld County Department of
• Public Works, as stated in the referral response dated October 10, 2007. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Weld
County Department of Public Works)
J. The applicant shall address the requirements(concerns)of the Weld County Department of
Planning Services Landscape referral dated September 24,2007. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
K. The applicant shall address the requirements (concerns) of the Division of Wildlife referral
dated October 24, 2007. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Division of Wildlife)
L. The applicant attempt to address the requirements (concerns) of the Boulder Valley Soil
Conservation District referral dated October 22,2007. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Boulder Valley Soil
Conservation District)
M. The applicant shall address the requirements(concerns)of the Weld County Department of
Building Inspection, as stated in the referral response dated October 15,2007 and January 7,
2008 regarding a change of use for the existing structures. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Weld County
Department of Building Inspection)
N. The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in compliance
with Section 23-3-250.B.7 of the Weld County Code. (Department of Planning Services)
• O. The applicant shall submit a Landscaping and Screening Plan for the site. The plan at a
Resolution USR-1627
Cambodian Cultural Center Non-Profit Corporation
Page 3
• minimum, shall include the existing and future plant material including the proposed fencing,
lighting,screening and landscape treatment from adjacent properties. The plan shall include
the method of screening the outdoor parking from adjacent properties and future rights-of-
way. The applicant shall maintain compliance with Section 23-3-250.A.2 of the Weld County
Code at all times. (Department of Planning Services)
P. The applicant shall complete all proposed improvements including those regarding
landscaping,screening,access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Department of Planning Services)
Q. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1627 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. A detention pond in the southeast corner of the site as approved by the Weld County
Department of Public Works. (Department of Public Works)
4. The applicant shall submit to the Weld County Department of Planning Services a
recorded copy of any agreement signed by all of the owners of the property crossed
by the access. The 30'access shall be for ingress and egress for the proposed use
and shall be referenced on the plat by the Weld County Clerk and Recorders
• reception number. (Department of Public Works)
5. The plat shall identify any types of rights-of-way and or easements that exist on site.
(Department of Public Works)
6. The plat shall delineate the book and page for the drainage easement. (Department
of Planning Services)
7. The applicant shall provide a Lighting Plan. Should exterior lighting be a part of this
facility, all light standards shall be delineated on the plat and be in accordance with
Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
8. The location of the dumpster shall be delineated on the plat. Areas used for trash
collection shall be screened from public rights-of-way and all adjacent properties.
These areas shall be designed and used in a manner that will prevent wind- or
animal-scattered trash as outlined in Section 23-3-250.A.6 of the Weld County Code.
(Department of Planning Services)
9. The parking locations shall be dimensioned and shown according to Section 23-2-
260 of the Weld County Code. (Department of Planning Services)
10. The Department of Planning Services has determined from the application materials
that fifty seven (57) parking spaces and three (3) ADA parking spaces will be
required on site. Each parking space should be equipped with wheel guards where
needed to prevent vehicles from extending beyond the boundaries of the space and
from coming into contact with other vehicles,walls, fences, sidewalks, or plantings.
(Department of Planning Services)
• 11. The approved Landscaping and Screening Plan. (Department of Planning Services)
Resolution USR-1627
Cambodian Cultural Center Non-Profit Corporation
Page 4
• R. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.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.
(Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps( co.weld.co.us. (Department of Planning Services)
5. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed set of restroom facilities
and shall be installed according to the Weld County Individual Sewage Disposal Regulations.
(Department of Public Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal Regulations.
• (Department of Public Health and Environment)
6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
• Cambodian Cultural Center Non-profit Corporation
USR-1627
1. A Site Specific Development Plan and a Special Review Permit for a Public and quasi-Public
Buildings including a Church and a Private School (Cambodian Cultural Center) in the Agricultural
Zone District and subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department
of Public Health and Environment)
6. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
• Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
9. Adequate handwashing and toilet facilities shall be provided for members and visitors of the facility.
(Department of Public Health and Environment)
10. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
11. The facility shall utilize the existing public water supply(Left Hand Water District). (Department of
Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
13. A building permit shall be obtained prior to the construction of any new building,addition or remodel of
existing buildings. A building permit is required for change of use of any existing buildings.
(Department of Building Inspection)
• 14. A plan review is required for each building for which a building permit is required. Plans shall bear the
west stamp of a Colorado registered architect or engineer. Two complete sets of plans are required
Resolution USR-1627
Cambodian Cultural Center Non-Profit Corporation
Page 6
•
when applying for each permit.A geotechnical engineering report performed by a registered State of
Colorado engineer shall be required. (Department of Building Inspection)
15. Structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
16. Setback and offset distances shall be determined by the Building Codes and the Zoning Ordinance.
(Department of Building Inspection)
17. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
18. A letter of approval shall be provided to the Department of Building Inspection from the Mountain View
Fire Protection District prior to construction of any structure. (Department of Building Inspection)
• 19. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
20. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
21. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions,concentration and/or unplanned
ponding of storm run-off. The applicant must take into consideration storm water capture/quantity
and provide accordingly for best management practices. (Department of Public Works)
22. The hours of operation for all cultural activities and events are 6:00 am to midnight Monday through
Sunday. (Department of Planning Services)
23. No more then 10 people shall live on site. (Department of Planning Services)
24. Two times a year a maximum of two hundred people MAY USE THE SITE FOR EVENTS and
twelve times a year a maximum number of forty-nine people may use the site for events.
(Department of Environmental Health)
25. At a minimum, five portable toilets are required at all events in excess of fifty people.
(Department of Environmental Health)
26. The application does not propose any portion of the site to be leased to another party. In the event
• that a portion of the building is proposed to be leased to another party in the future,the applicant shall
submit a copy of the lease agreement and information regarding the proposed use of the leased
Resolution USR-1627
Cambodian Cultural Center Non-Profit Corporation
Page 7
•
portion to the Weld County Building Inspection Department,Johnstown Fire Protection District and the
Department of Planning Services for review. Based upon the proposed use and/or impacts of the
leased portion,the Department of Planning Services may require an Amended Use by Special Review
application. (Department of Planning Services)
27. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11)(Department of Planning
Services)
28. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40)
29. The landscape and screening on site shall be maintained in accordance with the approved
Landscaping and Screening Plan. (Department of Planning Services)
30. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion, recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
• 32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
33. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
34. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
36. No off site parking will be allowed for any event. (Department of Public Works)
37. Adequate access for maintenance and operation will be provided for all of the irrigation
structures on site. (Department of Public Works)
•
Resolution USR-1627
Cambodian Cultural Center Non-Profit Corporation
Page 8
• Motion seconded by Robert Grand.
VOTE:
For Approval Against Approval Absent
Doug Ochsner—Chair
Tom Holton—Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
• County, Colorado, adopted on February 19, 2008.
Dated the 19th of February, 2008.
ttibi
Donita Y
Secretary
•
carried.
• CONSENT ITEMS
CASE NUMBER: AmUSR-211
APPLICANT: Kerr McGee Gathering, LLC
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part NW4 Section 14, T2N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and an Amended Special Review
Permit for Mineral Resource Development Facility including Oil and Gas
Support and Service (Natural Gas Processing Facility and one or more
microwave or other communication transmission or relay towers over
seventy(70)feet in height[120 foot Communications Tower] in the A
(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 22, East of and adjacent to CR 33.
Kim Ogle, Department of Planning, said the applicant wished this case remain on the Consent Agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished
to speak.
The Chair closed the public portion of the hearing.
Bill Hall moved that the Consent Agenda be forwarded to the Board of County Commissioners along with the Conditions
of Approval and Development Standards with the Planning Commission's recommendation of approval. Second by
Robert Grand. Motion carried.
HEARING ITEMS
• CASE NUMBER: USR-1627
APPLICANT: Cambodian Cultural Center Non-Profit Corporation
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 S2 NE4 of Section 33, Ti N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Public and
quasi-Public Buildings including a Church and a Private School
(Cambodian Cultural Center) in the Agricultural Zone District.
LOCATION: North of State Highway 7 and west of CR 7.
Michelle Martin, Department of Planning, said the applicants have applied for a Site Specific Development Plan and
a Special Review Permit for a Public and quasi-Public Buildings including a Church and a Private School
(Cambodian Cultural Center)in the Agricultural Zone District.
This case was originally scheduled to be heard December 18,2007. The applicants requested a continuance at that
time in order to resolve access issues.Two signs announcing the Planning Commissioners hearing were posted
December 3, 2007. Additional signs were posted February 1,2008 by Planning Staff.
The site is located approximately one half mile north of State Highway 7 and west of CR 7.
The Department of Planning Services is recommending denial of this application for the following reason:
Section 23-2-240.A.8 of the Weld County Code states, "The access shall be located and designed to be safe; ingress
and egress shall not present a safety hazard to the traveling public or to the vehicles accessing the property. For uses
generating high traffic volumes and large numbers of large,slow-accelerating vehicles, acceleration and deceleration
lanes may be required to mitigate a potential traffic hazard."
The access to the site is through an easement per reception number 1864542 that discloses the conveyance of a thirty
foot wide road but does not indicate the road can be used for commercial purposes. The application materials do not
• indicate that a new access agreement has been established with the property owners to the east. b
m
One letter from a surrounding property owner and several phone conversations have been received in objection to the
proposed development. Some of their concerns stem from compatibly, diminished property values, and access x
W
concerns.
• The subject property lies within the three-mile referral area of the City of Erie, Boulder County,Adams County,and the
City and County of Broomfield. The City of Erie and the City and County of Broomfield indicated no conflict with the
proposal in their referrals. No response had been received by Boulder or Adams County.
Ms. Martin said this site was originally one lot that was split illegally. The property owners,in combination with the other
two owners, are going through the Recorded Exemption process,which was approved by the BOCC in the summer of
2007 to legally create these three lots. In order to gain access to CR 7, they will cross private properties. These
property owners have indicated they are not in favor of an access agreement at this time. The Cambodian Cultural
Center is currently in operation, and has been in operation for quite some time. A violation began in 2006 and the
Department has been working with the property owners towards resolution. They have also been before the BOCC for a
violation,thus the application today for the USR.
Mark Lawley asked to view the map of the USR's in the area. Paul Branham asked about the number of accesses to the
site. Ms. Martin said there was one access road to facilitate the homes in the area from CR 7 and the question is
whether this access can be utilized for this purpose. It has been determined that it was not structured to allow for the
amount of additional traffic this application would create. An updated access agreement is needed to cover the three
residences as well as the application in front of them today. Doug Ochsner asked if the recommendation for denial was
based solely on the access. Ms. Martin replied that was correct.
Todd Hodges,Todd Hodges Design, 1269 N Cleveland Av, Loveland CO,80537,applicant's representative,said this is a
five acre parcel created prior to the purchase by the Cambodian Cultural Center. It was illegally split in 1981 and the
applicants purchased the property in 1987 so this is not something they participated in. There has been a prior history of
use at the site and it is a very unique case, but they are present here today to try and move it forward. This application
would approve the existing use that has been occurring historically and allow for the addition of a gate structure at the
main entrance as well as two shade structures to replace the portable tents they have previously used at their events.
Two major events occur in fall/winter and spring/summer at which time they expect two hundred attendees. They have
provided paved parking that is striped as well as overflow parking on the existing gravel areas. They have two existing
access points, both paved with a concrete pan extending into the road. The only future buildings would be the
outbuildings that would be pavilion style,which do not require any additional fire protection according to the fire protection
• district. Retro fitting will be done with a tank and sprinklers and is part of the conditions of approval attached to the Staff
comments. The site is built out and the owners have made many improvements to the property since they purchased it
in 1987. The existing home on the site was built by the prior owner,from whom the applicants purchased the property.
He continued that the three property owners have received access easement agreements but they do not have an
agreement at this time. Though that does not mean there is not an existing access that could be legally verified. Mr.
Hodges asked for approval with the additional condition that this case not be scheduled before the BOCC until they have
the legal access resolved.
Tom Holton asked if it had been operated as a church since 1987 and the number of events held at the facility. Mr.
Hodges said it was,since at least 1989,and reviewed the two events that would take place on the property. He added
that the use of the property would be much less than a traditional application for a church and most events typically occur
on the weekends.
Nick Berryman asked for more background about the conflict with the access points. Mr. Hodges replied that his
understanding was that the traditional access is a twenty foot ingress/egress as far as he has been able to determine.
Doug Ochsner asked Mr. Hodges about recent access maintenance. Mr. Hodges said it seems to vary between the
property owners and the new access agreement contains language that will tie everyone together into perpetual
maintenance, and that may be another issue.
Tom Holton asked about the issue over the irrigation ditch reflected in the letter they received today. Mr.Hodges said he
was not sure there would be any impact to the irrigation ditch and did not know what the letter was referring to unless the
road went into Sheridan Boulevard at some point in time.
Ms. Martin interjected that the Cambodian Cultural Center purchased the property in 1991 and Planning has a letter in
the file dating from November 10, 1992, indicating to the applicant they needed to apply for a USR.
David Snyder, Department of Public Works,said CR 7 is designated a strategic roadway, is paved and therefore more
than capable of handling the additional traffic. He suggested gravel placement in overflow parking areas to mitigate
drainage issues and they have an acceptable design for storm water drainage on site.
• Mark Lawley asked where the excel/decel lanes come from that are noted in the comments as a reason for denial. Ms.
Martin said they would not require any excel/decal lanes. Paul Branham asked Mr.Snyder about the traffic accidents in
the area. Mr.Snyder replied it was safe and had no current numbers on accidents or traffic counts but was safe as far as
4
he knew.
Doug Ochsner asked Mr.Snyder if Public Works got involved at all in the design of access. Mr.Snyder's response was
inaudible. Ms.Martin said if there was not an access agreement reached the remaining option would be to go to Court.
Mark Lawley asked about the classification of this application by the County as a commercial use. Ms.Martin said it was
considered to be more than residential because of the amount of traffic and the Department is asking for a change of use
for a congregated residence R-3 and a meeting room A-3.
Paul Branham asked if there was information from property owners opposed to use of the access by the Cambodian
Center. Ms.Martin said there were people in the audience that wished to address some issues and cited the letter from
Sandra Rice who said the uses were not compatible with the area. However the property owner to the north was not
opposed to the access.
Lauren Light,Department of Environmental Health,said Left Hand Water serves the site and the existing septic system
on site has the capacity to handle the ten residents plus forty-nine additional people for the thirteen events during the
year. It will not handle anything beyond that. If they recommend approval, Development Standards twenty-four and
twenty-five would need to be amended. A new septic system would be required or they could go with the current system
and bring in portable facilities for the larger events held twice a year. A new Development Standard would need to be
added that a "minimum of five portable toilets would be required at all gatherings in excess of fifty people".
Mark Lawley asked about the RE approval and its conditions. Ms.Martin replied that the RE was approved by the BOCC
in the summer of 2007,with conditions to address the residential access. The RE created three parcels and an access
agreement was required for access onto CR 7. The USR deals with a completely different set of uses. The Cambodian
Cultural Center is no longer just a residential access but something above and beyond,including multiple events with up
to two hundred people accessing this road. Her understanding is that they are trying to combine both uses into one
agreement that the property owners than need to sign;an agreement that would allow for three residential accesses plus
an additional use of the Cambodian Cultural Center out to CR 7, instead of two different agreements.
The Chair opened the hearing to the public.
• Jay Smitcamp, 75 Manhattan Dr, Ste 106 Boulder,CO,80303,attorney for Mr. Robert Graber, a landowner in the area
who owns two parcels of land along the applicant's parcel. Mr. Graber owns approximately thirteen acres immediately
east of the proposed site and five acres on which his home sits. Firstly, this is a private driveway, and is in no way,
shape or form a public road. The only easement is for the benefit of the Rice property and is twenty feet wide from CR 7
west and stops at the east boundary of the Rice property. A document dated September 15, 1970, reception number
1554846,says no one else has a right to use the twenty foot easement. Everyone else up and down the private driveway
has acquired the right by prescription,use by eighteen years for agricultural purposes only. Mr.Smitcamp said the illegal
lot was created in 1971 and he offered history of the deeds occurring on the property since then. The easement is only
for the benefit of the Rice property and no other.
Doug Ochsner asked if Mr.Graber was opposed to the access as it exists today. Mr.Smitcamp replied that Mr.Graber
was fine with it as a private driveway with the uses for agricultural, but he is not in favor of any footage being taken from
his property and Mr. Graber can speak to this.
Robert Graber, 593 CR 7, expressed a number of objections: he will lose five feet of cropland; the existing dirt road
cannot handle more traffic than it does presently; very concerned that their private road will be joined with Sheridan
Parkway which belongs to Erie and could open up CR 7 to a major highway to people wanting to avoid going up State
Highway 7 and turning into the Erie access; he cited item twenty-two, page eight regarding lateness of events and
objected to the loud music late at night; cited item five on page seven regarding trash thrown in his irrigation ditches and
said he has had to pick up trash prior to irrigation of his property;he opposed the financial obligation to the residents to
maintain the road; referred to a verbal agreement where the dumps would blade the road and have done so on a couple
of occasions; the drain pond site is too close to his irrigation ditch;the planned gate structure on site is the one he has
legal access to for his irrigation process and wonders how he would have access to his head gates during irrigation
season if the gate is locked.
Doug Ochsner asked about the present state of road. Mr. Graber said Mr.Wayne Davis maintains it and presently it is
excellent.
Tom Holton asked Mr.Graber why he thought their road would connect to Sheridan Parkway and if he had received any
indication by Erie or Broomfield. Mr.Graber said that as a former geography teacher,he could read a map,and it looks
• to him like it connects according to the access agreement given to him by the applicants.
Sandi Rice,605 CR 7,representing her father and herself said: they have been there since 1975,owning the first house
built on that road and the original easement was to access their property; any other easements across their property
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were all the major head gates and irrigation ditch starts for those who have water rights on the ditch; Mr.Graber is one of
the few that have those water rights,as well as Sandra Davidson,who has issued her water rights over to Mr.Graber;felt
•
this presented a negative impact on the area; not compatible with current uses; current infrastructure not capable of
handling the intensity of the use;excess traffic makes road maintenance difficult and sometimes vehicles are parked on
the shoulder of the road; have had several close calls regarding traffic; the sewer system is not capable of handling
excess use;water line pressure decreases at the end of the road;the Davis family has assumed responsibility for road
maintenance;cited irrigation rights per the Comp Plan and that individuals moving into theses agricultural areas must
accept the life style of the area;the nearest fire hydrant is over one mile away; they will not sign the access and utility
agreement; cited the noise impact from current dump trucks on road; they need open space not commercial
development;spoke about the open space grant to develop trails and keep lands open;this presents a negative impact
to the area and she encouraged denial of the application.
Bill Hall asked Ms.Rice how long they had been residents of the area. Ms. Rice answered thirty-seven years,prior to the
illegal land split and that only Mr. Graber has been there longer.
The Chair closed the public portion of the hearing.
Todd Hodges, applicant representative, responded that the bulk of the information today concerns two application
processes and unfortunately the Cambodian Cultural Center is tied to both. Today they are here for the USR. The
Conditions of Approval address a lot of the issues raised today, including fire protection, on site water storage, and
access to the site. This has happened historically and we are not changing this to a commercial use and there should
not be additional use based on approval of the application. We are asking to approve the existing uses on site. Though
you have heard much testimony about changing the area, this is to permit the existing use that has been historically
happening. The water is in place,the landscaping is existing,the fire sprinkler will run from a proposed water tank in the
basement and retro-fit sprinklers will be in place based on the occupancy designated by the fire district and the Building
Department. The one adjacent landowner not in opposition is not present today. Mr. Hodges disagreed with Mr.
Smitcamp that there was only one access easement and said there were others resulting from corrections made to two
prior RE's to correct illegal land splits on the northern property.
Tom Holton asked for clarification of area property owners and how many illegal lots were in the area,also how they were
going to handle road maintenance. Mr.Hodges replied that this was the last illegal lot and once access is resolved then
• they could work on the remaining issues.
Roy Spitzer asked about noise mitigation and operation hours brought up by Mr. Graber. Mr. Hodges said he believed
they were both included in the Development Standards and they would be in violation if they were exceeded.
Lauren Light,Environmental Health Department,said Development Standard number eight addressed the noise level in
the residential zone and if they violate it, their USR would be at risk.
Erich Ehrlich asked Mr. Hodges about optional access on the south side of property. Mr. Hodges said the land to the
south has been annexed by Broomfield.
Doug Ochsner asked Staff about access needing to be a thirty foot agreement and Mr.Graber's concern about losing
some of his property and that it can't be taken without his approval. Cyndy Giauque,County Attorney, responded that
was correct and the RE was approved contingent upon landowner agreement on the access.
Ms. Martin read into the record that the BOCC on July 31,2007 did approve one of the conditions for RE-4660 which
states that the applicants shall submit a recorded copy of any agreements signed by the owners of the property crossed
by the access to the Weld County Department of Planning. The access shall be for ingress and egress and shall be
referenced on the plat by the Weld County Clerk and Recorder's reception number. The Cambodian Cultural Center,
Warren Woodward and the Davidson's are all parties to that recorded exemption. That is the last remaining condition
before the recorded exemption plat can be recorded.
Paul Branham asked about the thirty foot easement. Ms.Martin responded that the thirty foot wide joint access and utility
easement was in reference to have thirty feet on the property to access lots B and C. The first part I just read was to get
access from the Cambodian Cultural Center site out to CR 7. So the property they were crossing for this portion needs to
be covered by a separate agreement. The three parties referenced previously,agreed they would then dedicate thirty
feet on their property to get back to the last remaining lots, therefore not effecting anyone to the north.
Mark Lawley asked if this was open ended. Ms. Martin said the Planning Department does not approve of the applicant's
proposal that this be a condition prior to scheduling the BOCC hearing because this has been going on for quite some
• time. We sent letters to the applicant in 1992 indicating that a USR was required and we have had an open violation on
this property since 2006. Staff has met with the applicant on several occasions and indicated that an access agreement
was required. We do not want to leave this with an open ended condition that could allow this to drag on any further.
6
Todd Hodges said a twenty foot access was referenced on two previous RE's so we are not limited to a thirty foot access,
which allows some leeway for mitigation. There seems to be information gaps but the applications are committed to a
•
resolution,however if this is not resolved through the County process,then Court is the next step. Mr.Hodges requested
additional time (120 days)for resolution versus denial and then it will go to the BOCC for the final decision.
Ms. Martin told the Planning Commission they could propose a condition the applicant submit a recorded copy of an
agreement to the Department of Planning Services that addresses access prior to scheduling the BOCC and then have a
time limit associated with it.
Lauren Light, Environmental Health Department,suggested deleting Development Standards twenty-four and twenty-five
and add a new Development Standard twenty-four to read,"Two times a year,a maximum of two hundred people at an
event and twelve times a year, a maximum number of forty-nine people may use the site for events." Add a new
Development Standard twenty-five which states,"At a minimum five portable toilets are required at all events in excess of
fifty people."
Roy Spitzer motioned to delete Development Standards twenty-four and twenty-five and insert with the new Development
Standards twenty-four and twenty-five per Staff. Second by Tom Holton. Motion carried.
David Snyder, Public Works Department,addressed additions to the Development Standards of numbers thirty-six and
thirty-seven that, "No off site parking will be allowed for any event." and "Adequate access for maintenance and
operation will be provided for all of the irrigation structures on site."
Robert Grand motioned to accept the new Development Standards thirty-six and thirty-seven per Public Works'
recommendation. Second by Tom Holton. Motion carried.
Ms. Martin added a condition that,"Prior to scheduling the BOCC hearing,the applicant shall submit a recorded copy of
an agreement signed by all of the owners of the property crossed by the access to the Weld County Department of
Planning Services. The access shall be for ingress and egress. If an agreement cannot be reached within 120 days the
case will be forwarded to the BOCC."
Bethany Salzman,Zoning Compliance,said that if this case were continued for 120 days,she would have no choice but
• to request the BOCC proceed with the County attorney's office for a cease and desist order. This case has been open
since 2006 and it is long past time for resolution.
Roy Spitzer motioned to approve the condition read by Ms. Martin. Second by Robert Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes;
Paul Branham, no; Erich Ehrlich, no; Robert Grand, yes; Bill Hall, no; Mark Lawley, no; Roy Spitzer, yes;Tom Holton,
yes; Doug Ochsner, yes. Motion carried.
The Chair asked Mr. Hodges if he had read and agrees with the amended Development Standards. Mr. Hodges replied
that the had read them and did agree.
Paul Branham brought up one more discussion point based on Section 23-2-240.A.8 of the Weld County Code states,
"The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the
traveling public or to the vehicles accessing the property. For uses generating high traffic volumes and large numbers of
large, slow-accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic
hazard." He did not agree with that reason as a basis for denial.
Paul Branham moved that Case USR-1627, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval. Robert Grand seconded the motion.
Bill Hall said it seems there is a way to resolve the issue if the applicant were to maintain the road, mitigate the trash
problem, and follow the noise recommendations.
Tom Holton added that since this is not even a legal parcel, he was not sure they should have even allowed the
application. If you do not have a legal piece of property, how can you apply for a USR.
Roy Spitzer agreed but felt the ball had been dropped somewhere in that land has been bought and sold with no legal
access to it.
• Paul Branham said it was a little late now to come in and say they don't exist. They have owned it since 1981 and been
operating there since 1987.
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The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes;
Paul Branham,yes; Erich Ehrlich,no; Robert Grand,yes; Bill Hall,yes;Mark Lawley,no;Roy Spitzer,yes;Tom Holton,
• yes; Doug Ochsner,yes. Motion carried.
Nick Berryman commented that he didn't feel they could deny the application based on access issues alone and the
Planning Commission made the appropriate amendments to give the applicant adequate time to resolve those issues.
Paul Branham referenced Section 23-2-240.A.8 of the Weld County Code as a reason for Staff denial and said again that
he disagreed with that recommendation.
Erich Ehrlich agreed with Zoning Compliance that this has gone on long enough. The owners in the area need to work
together rather than expect the government to mitigate for them.
Robert Grand agreed with the other Commissioners and wondered how it had gotten this far without an approved parcel
of ground. This has been a long standing problem but compassion was necessary even though it does not meet basic
standards.
Mark Lawley commented that access issues from the RE are still not solved and approving the USR only convolutes the
process more.
Roy Spitzer agreed with Mr. Lawley and added that it is difficult at this point, but with the specific time line, he hopes
resolution is achieved. He expressed sympathy with the public comments but felt the facility was probably more
consistent with surrounding uses now than it was at its inception.
Doug Ochsner commented he believed the Conditions of Approval and Development Standards that were added have
mitigated Staff concerns in Section 23-2-240.A.8. He thanked the public for their attendance and urged them to attend
the hearing of this case before the BOCC.
CASE NUMBER: AmUSR-914
APPLICANT: City of Longmont
PLANNER: Roger Caruso
• LEGAL DESCRIPTION: Part of the NE4 of Section 8, T2N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Public
Facility (Storage and wash facility), including a MAJOR FACILITY OF A
PUBLIC AGENCY(City of Longmont),subject to the provisions of Section
23-4-420 in the (A)Agricultural Zone District.
LOCATION: West of and adjacent to CR 5 and 1/8 mile South of State Highway 119.
Roger Caruso, Department of Planning, said the request was for a Site Specific Development Plan and a Special
Review Permit for a Public Facility(storage and wash facility), including a MAJOR FACILITY OF A PUBLIC AGENCY
(City of Longmont)subject to the provisions of Section 23-4-420 in the (A)Agricultural Zone District.
The sign announcing the Planning Commission hearing was posted January 29, 2008 by Planning Staff.
The site is located V mile south of State Highway 119 and west of and adjacent to CR 5.
The surrounding property to the north and west is zoned C-3/ 1-1 (Vista Commercial Center). USR-914 is currently
on-site and was approved by the Weld County Planning Commission on July 25, 1990. The Department of Planning
Services has not received a single letter from a surrounding property owner requesting denial of the application.
The subject property lies within the three mile referral area of the Towns of Firestone and Frederick, the City of
Longmont and Boulder County.The City of Longmont City responded that the application did not cause any conflicts
with their interests.
Seventeen referral agencies reviewed this case. Eleven responded favorably or included conditions that have been
addressed through development standards and conditions of approval.
The Department of Planning Services is recommending approval of this application along with the Conditions of
Approval and Development Standards.
• Chris Huff, Engineer with Public Works and Water Utilities,City of Longmont,applicant's representative,said: the facility
was built in 1990 and was originally a compost site; in 2003 the site was de-commissioned due to operation cost and
compatibility with surrounding property owners; at this point in time, Longmont is looking to improve operations on the
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914C11
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
• Tuesday, December 18, 2007
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner-Chair
Tom Holton -Vice Chair
Nick Berryman
Paul Branham
Erich Ehrlich
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Also Present: Tom Honn, Kim Ogle, Chris Gathman, Jacqueline Hatch, Michelle Martin, Hannah Hippely,
Roger Caruso, Department of Planning Services; Don Dunker, David Snyder, Department of Public Works;
Pam Smith, Department of Environmental Health; Bruce Barker, County Attorney; Donita May, Secretary.
Roy Spitzer moved to approve the December 4, 2007 Weld County Planning Commission minutes. Second
by Tom Holton. Motion carried.
• CONTINUED ITEMS
CASE NUMBER: USR-1627
APPLICANT: Cambodian Cultural Center Non-Profit Corporation
PLANNER: Michelle Martin
LEGAL DESCRIPTION: Part of the S2 S2 NE4 of Section 33, Ti N, R68W of the 6th P.M., Weld County,
Colorado.
REQUEST: Site Specific Development Plan and Use by Special Review for Public and quasi-
Public Buildings including a Church and a Private School (Cambodian Cultural
Center) in the Agricultural Zone District.
LOCATION: North of State Highway 7 and west of CR 7.
Michelle Martin,Department of Planning,said the applicant,in emails dated December 4,2007 and December
5, 2007, was asking for a continuance to the February 19, 2008 hearing date in order to address issues
primarily concerned with access.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Paul Branham moved that Case USR-1627, be continued until the February 19, 2008 hearing. Roy Spitzer
seconded the motion. Motion carried.
CASE NUMBER: 2ndAMUSR-1405
APPLICANT: Aurora Dairy Corporation
PLANNER: Hannah Hippely
LEGAL DESCRIPTION: NE4 of the SE4 and E2 of the NE4 of Section 30,T3N, R67W of the 6th P.M.,Weld
County, Colorado.
• REQUEST: Site Specific Development Plan and Special Review Permit for a 98,000 square foot
milk processing plant in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to State Hwy 66 and approximately 1 mile east of CR 13.
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