HomeMy WebLinkAbout20081614.tiff RESOLUTION
RE: APPROVE 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 25th day of
June, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of the Cambodian Cultural Center, c/o Chantkhan Preap, 15661 East 52nd Avenue,
Denver, Colorado 80239, 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 on the following described real estate, being more particularly described as follows:
Part of the S1/2 S1/2 NE1/4 of Section 33,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Todd Hodges, Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.8 of the Weld County Code as follows:
a. Section 23-2-230.8.1 --The proposed use is consistent with Chapter 22 and
any other applicable Code provisions or ordinances in effect.
Section 22-2-60.A.1 (A.Goal 1)promotes the preservation of prime farmland
for agricultural purposes which foster the economic health and continuance
of agriculture. The proposal does not affect the productivity of the site.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
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SPECIAL REVIEW PERMIT#1627 - CAMBODIAN CULTURAL CENTER
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c. Section 23-2-230.8.3--The uses which will be permitted will be compatible
with the existing surrounding land uses.
d. Section 23-2-230.8.4--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.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
f. Section 23-2-230.8.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval, and Development Standards ensure that there are
adequate provisions for the protection of the health, safety, and welfare of
the inhabitants of the neighborhood and County.
h. Section 23-2-230.B.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 a large number of large,
slow-accelerating vehicles, acceleration and deceleration lanes may be
required to mitigate a potential traffic hazard."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. 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 may 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.
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.
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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 S1/2 S1/2 NE1/4 of Section 33,
Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado.
D. The applicant shall attempt to address the requirements and 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.
E. The applicant shall address the requirements of the 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.
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.
G. The applicant shall attempt to address the requirements and concerns of the
Weld County Paramedic Service, 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.
H. The applicant shall attempt to address the requirements and 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.
The applicant shall address the requirements and 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.
J. The applicant shall address the requirements and 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.
K. The applicant shall address the requirements and concerns of the Colorado
Division of Wildlife referral, dated October 24, 2007. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
L. The applicant shall attempt to address the requirements and concerns of the
Boulder Valley Soil Conservation District referral, dated October 22, 2007.
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Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
M. The applicant shall address the requirements and 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.
N. The applicant shall submit, to the Department of Planning Services, 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.
O. The applicant shall submit a Landscaping and Screening Plan for the site.
The Plan, at a minimum, shall include the existing and future plant material,
including the proposed fencing, lighting, screening, and landscape
treatment. 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.
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 plat.
Q. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1627.
2) The attached Development Standards.
3) A detention pond in the southeast corner of the site, as approved by
the Weld County 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-foot
access shall be for ingress and egress for the proposed use, and
shall be referenced on the plat by the Weld County Clerk and
Recorder's reception number.
5) The plat shall identify any types of rights-of-way and/or easements
that exist on the site.
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6) The plat shall delineate the book and page for the drainage
easement.
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.
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 trash from being scattered by
wind or animals, as outlined in Section 23-3-250.A.6 of the Weld
County Code.
9) The parking locations shall be dimensioned and shown according to
Section 23-2-260 of the Weld County Code.
10) The Department of Planning Services has determined from the
application materials that fifty-seven (57) parking spaces and three
(3)parking spaces which comply with the Americans with Disabilities
Act (ADA)will be required on the site. Each parking space shall 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.
11) The approved Landscaping and Screening Plan.
R. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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 sixty(60)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully 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.
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4. 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of June, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
Ells/'' WELD COUNTY, COLORADO
ATTEST:
1861 : i� (NAY)
;tg f illiam H. Jerke, Chair
Weld County Clerk to the �me� rr ��� ait& I�r (NAY)
Robert D. Mascen, Pro-Tem
BY: •11, .l � �- A
Deputy Clerk t the Board C L/ `l/ (AYE)
F. Garcia
/bPPROVED A O uL� AYE
i David E. Long
o my Attorney AYE
oug s Radema her
Date of signature: 8
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CAMBODIAN CULTURAL CENTER
USR #1627
1. The Site Specific Development Plan and Use by Special Review Permit#1627 is for Public
and Quasi-public Buildings (church and a private school ) in the A (Agricultural) Zone
District, and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions, blowing debris,and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan.
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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District, as delineated in Section 25-12-103, C.R.S.
9. Adequate hand washing and toilet facilities shall be provided for members and visitors of
the facility.
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.
11. The facility shall utilize the existing public water supply (Left Hand Water District).
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
14. A plan review is required for each building for which a building permit is required. Plans
shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets
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of plans are required when applying for each permit. A Geotechnical Engineering Report,
performed by a Colorado registered architect or engineer, shall be required.
15. Structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, 2005 National Electrical Code, and
Chapter 29 of the Weld County Code.
16. Setback and offset distances shall be determined by the Building Codes and Chapter 23
of the Weld County Code.
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.
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.
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.
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.
21. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for Best
Management Practices.
22. The hours of operation for all outdoor festivities and events are from 6:00 a.m., to
9:00 p.m., Monday through Sunday.
23. No more then ten (10) people shall live on the site.
24. Two times a year, a maximum of two-hundred (200) people may use the site for events,
and twelve(12)times a year, a maximum number of forty-nine(49)people may use the site
for events.
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25. At a minimum, two (2) portable toilets are required at all events for each additional group
of fifty (50) people.
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 portion to the Weld County Department of Building
Inspection, Mountain View 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.
27. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
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 Programs.
29. The landscape and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
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.
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. Weld County Government personnel 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 Use by 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.
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36. No off-site parking will be allowed for any event.
37. Adequate access for maintenance and operation will be provided for all of the irrigation
structures on the site.
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