HomeMy WebLinkAbout20080441.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1630 FOR A PUBLIC AND QUASI-PUBLIC BUILDING (CHURCH) IN THE
A(AGRICULTURAL) ZONE DISTRICT - REJOICE LUTHERAN CHURCH
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 27th day of
February, 2008, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Rejoice Lutheran Church, P.O. Box 1244, Erie, Colorado 80516, for a Site
Specific Development Plan and Use by Special Review Permit#1630 for a Public and Quasi-public
Building (church) in the A(Agricultural)Zone District on the following described real estate, being
more particularly described as follows:
Lot 5, Block 4, Ranch Eggs, Inc. Subdivision, Filing
No. 2, being part of the NW1/4 of Section 34,
Township 1 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Richard Nearman, Eidos Architects, PC,
5400 South Syracuse Street, Greenwood Village, Colorado 80111, 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.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-1-50.D.3.a.2 states, "Conversion of agricultural lands to
non-urban uses will be accommodated only in areas that can support such
development with adequate facilities and services. This allows low density
and low intensity development to occur where appropriate. It also
encourages techniques and incentives such as clustering, restrictive
easements, building envelopes, and setbacks to be used to both minimize
the impacts to surrounding properties, as well as conserve lands for
agricultural production." Section 22-1-120.0 states, "Land use changes
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SPECIAL REVIEW PERMIT#1630 - REJOICE LUTHERAN CHURCH
PAGE 2
must afford flexibility based on specific location and the particular
circumstances encountered within this locality. It is also important to weigh
the cumulative impacts that specific land use changes will have." This
change is consistent with the surrounding properties as a Church is allowed
as a Use by Special Review in the A(Agricultural) Zone District.
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.E.1 of the Weld County Code
provides for a Church as a Use by Special Review in the A (Agricultural)
Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is located within the
Ranch Eggs Inc., Subdivision. Surrounding properties to the north and east
are residential in nature, and the properties to the west and south are
agricultural lands which are currently located within the City and County of
Broomfield. The City and County of Broomfield, in the referral response
dated September 27, 2007, indicated the applicant might consider adding
street trees on Broadway and Lowell Lane. The City and County of
Broomfield has plans for intense land uses to the south and east and the
church may find the additional buffer helpful. Staff spoke with the City and
County of Broomfield and it was mentioned that a Children's Hospital is
planned for the property directly to the south, and commercial uses are
planned to the property to the southeast. This proposal will have little
impact to the proposed and existing surrounding land uses.
d. Section 23-2-230.B.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 three-mile referral area for the Cities of
Dacono, Northglenn, and Thornton, the Town of Erie, Adams County, and
the City and County of Broomfield. The Cities of Northglenn and Dacono
returned referrals indicating no conflict with their interests. The City and
County of Broomfield, in the referral response dated September 27, 2007,
indicated that the applicant might consider adding street trees on Broadway
and Lowell Lane. The City and County of Broomfield has plans for intense
land uses to the south and east and the church may find the additional
buffer helpful. Staff spoke with the City and County of Broomfield and it was
mentioned that a Children's Hospital is planned for the property directly to
the south, and commercial uses are planned to the property to the
southeast. The Town of Erie, in the referral response dated October 11,
2007, indicated that the site is located outside the Town's area of influence
for planning. The Town of Erie also indicated concern with potential septic
system issues, with attendance of 200 plus persons on Sundays, and the
Town concurs with the concerns of the Mountain View Fire Protection
District. The Mountain View Fire Protection District, in the referral response
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SPECIAL REVIEW PERMIT#1630 - REJOICE LUTHERAN CHURCH
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dated October 2, 2007, indicated that the access needs to be designed and
maintained to support fire apparatus loads, the building will need to be
protected throughout with an automatic fire sprinkler system, building
construction plans must be reviewed and approved prior to release of a
building permit, a final inspection of the occupancy by a member of the Fire
District will be required before a Certificate of Occupancy is issued, and
finally, the Mountain View Fire Protection District states that there currently
is not an adequate water supply for fire protection at this location. Should
the building be provided with an automatic fire sprinkler system,the required
fire flow is 1,500 gallons per minute, measured at a residual pressure of
20 pounds per square inch,for two hours. The applicant will need to provide
a minimum of 180,000 gallons for on-site storage and a fire pump to supply
at least one fire hydrant and the fire sprinkler system. The Fire District has
made the applicant aware of this requirement. Plans did not show the
location of any proposed storage tank or proposed fire hydrant.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee Program. 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.
f. Section 23-2-230.B.6 --The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site is designated "Prime Irrigated Farmlands of National
Importance" by the U.S.D.A. Soil Conservation Services Map, dated 1979.
Continued agricultural production on the site is not economically conducive
due to the shape, size, and development surrounding the parcel.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Rejoice Lutheran Church for a Site Specific Development
Plan and Use by Special Review Permit#1630 for a public and quasi-public building(church)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 submit a detailed Sign Plan, in compliance with
Chapter 23, Article IV, Division 2, of the Weld County Code, to the Weld
County Department of Planning Services, for review and approval.
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SPECIAL REVIEW PERMIT#1630 - REJOICE LUTHERAN CHURCH
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B. 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 state requirements as an attempt to mitigate concerns.
The plat shall be amended to include any possible future drilling sites.
C. The applicant shall address the requirements and concerns of the Mountain
View Fire Protection District, as stated in the referral response dated
October 2, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services. The plat may need to be
amended to address the concerns.
D. The applicant shall address the requirements and concerns of the City and
County of Broomfield, as stated in the referral response dated
September 27, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall attempt to address the requirements and concerns of the
Weld County Sheriff's Office, as stated in the referral response dated
November 11, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral response
dated October 19, 2007. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
G. The applicant shall address the requirements and concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated October 18, 2007. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
H. The applicant shall address the requirements and concerns of the Weld
County Department of Planning Services Landscape referral, dated
September 26, 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 Building Inspection referral response dated
October 15, 2007. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
J. The applicant shall attempt to address the requirements and concerns of the
Town of Erie, as stated in the referral response dated October 11, 2007.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
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K. The applicant shall address the requirements and concerns 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.
L. The applicant shall attempt to address the requirements and concerns of the
Colorado Department of Transportation, as stated in the referral response
dated October 25, 2007. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
M. The applicant shall attempt to address the requirements and concerns of the
Boulder Valley Soil Conservation District, as stated in the referral response
dated October 22, 2007. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
N. The applicant shall submit a Property Maintenance Plan, for review and
approval, to the Department of Planning Services. The Maintenance Plan
shall be in compliance with Section 23-3-250.8.7 of the Weld County Code.
O. 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.
P. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1630.
2) The attached Development Standards.
3) Lowell Lane is designated on the County Road Classification Plan
as a major arterial road, which requires 140 feet of right-of-way at
full buildout. There is presently 60 feet of right-of-way. A total of 70
feet from the centerline of Lowell Lane shall be delineated on the
plat. The future and existing right-of-way, including the
documentation creating them, shall be delineated on the plat. This
road is maintained by Weld County.
4) The plat shall identify any types of rights-of-way and/or easements
that exist on the site.
5) 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.
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SPECIAL REVIEW PERMIT #1630 - REJOICE LUTHERAN CHURCH
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6) Based on the application materials, the Department of Planning
Services has determined that the proposed seventy (70) parking
spaces, including four (4) Americans with Disabilities Act (ADA)
parking spaces, will meet the demands of the site. Each parking
space shall be equipped with wheel guards to prevent vehicles from
extending beyond the boundaries of the space and from coming into
contact with other vehicles, walls, fences, sidewalks, or plantings.
The parking locations shall be dimensioned and shown according to
Section 23-2-260 of the Weld County Code.
7) The approved Landscaping and Screening Plan, as submitted with
the application.
8) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete, or the equivalent, and shall
be graded to prevent drainage problems. The location and type of
surfacing material shall be delineated on the plat.
9) The approved Sign Plan.
Q. 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 thirty(30)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.
4. Prior to operation:
A. The applicant shall provide a written sign-off from the Mountain View Fire
Protection District to the Department of Planning Services.
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
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SPECIAL REVIEW PERMIT #1630 - REJOICE LUTHERAN CHURCH
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of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit
for more information. Written evidence of approval shall be submitted to the
Department of Planning Services.
5. Prior to the issuance of the Certificate of Occupancy:
A. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicant shall provide evidence that all
requirements of the Colorado Department of Public Health and Environment,
Water Quality Control Division(WQCD), (specifically Policies WQSA-6 and
WQSA-8) have been satisfied. Evidence of compliance shall be provided
to the Weld County Department of Public Health and Environment.
Alternately, the applicant may provide evidence from the WQCD that they
are not subject to these requirements.
6. 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 27th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
1L f��'V LD COUNTY, COLORADO
ATTEST: fl .i , ' y/' ""j ` i
1a
' `fl.m H. Jerke, Chair
Weld County Clerk to the Bo• ftiao '
'CC i 1 ` ' obert D. M)7-)
Pro-Tem
BY: 140 C 0 •_. . / �i9
Debi ty Clerk to the BoarCy`�7
William F. Garcia
4PPROV A ORM: EXCUSED
David E. Long
ounty Attorney d ackor
ouglas demache
Date of signature: 021 li la
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
REJOICE LUTHERAN CHURCH
USR#1630
1. Site Specific Development Plan and Use by Special Review Permit#1630 is for a Public
and Quasi-public Building (church) 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. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
8. Adequate hand washing and toilet facilities shall be provided for employees and
congregation members of the site.
9. 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.
10. The facility shall utilize the existing public water supply (Left Hand Water District).
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Division of Public Health and Environment, Water Quality Control Division.
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 a change of use for any
existing buildings.
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DEVELOPMENT STANDARDS - REJOICE LUTHERAN CHURCH (USR#1630)
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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
of plans are required with applying for each permit.
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. New structures will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
17. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code.
18. 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.
19. A letter of approval from the Mountain View Fire Protection District shall be provided to the
Department of Building Inspection prior to construction of any structure.
20. 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.
21. 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.
22. 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 storm water capture and quantity and provide accordingly for best
management practices.
23. The hours of operation are 8:00 a.m., to 9:00 p.m.
24. The facility shall not exceed 200 worshipers and three (3) employees on the site at any
given time.
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25. 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, the 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.
26. 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.
27. 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.
28. The landscaping and screening on the site shall be maintained in accordance with the
approved Landscaping and Screening Plan.
29. 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.
30. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
31. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
32. 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.
33. 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.
34. 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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