HomeMy WebLinkAbout20070971.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1574 FOR A CHURCH, CHILDCARE CENTER, AND PRIVATE SCHOOL IN
THE A (AGRICULTURAL) ZONE DISTRICT - NEW HOPE FAMILY CHRISTIAN
CHURCH
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
April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of New Hope Family Christian Church,4951 Shenandoah Avenue, Firestone, Colorado
80509,fora Site Specific Development Plan and Use by Special Review Permit#1574 fora Church,
Childcare Center,and Private School in the A(Agricultural)Zone District on the following described
real estate, being more particularly described as follows:
Lot A of Recorded Exemption#4300;being part of the
N1/2 NW1/4 of Section 28, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing on April 25,2007,the Board deemed it advisable to continue the
matter to May 9, 2007,at 10:00 a.m.,to grant the request of the applicant to continue the matter to
a date when a full quorum of the Board will be present, and
WHEREAS, at said hearing on May 9, 2007, said applicant was represented by Reverend
Jackson Sherwood, 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A. Goal 4)states, "Conversion of agricultural land to nonurban residential,
commercial,and industrial uses will be accommodated when the subject site
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is within an area that can support such development." The projected
population of the congregation,as indicated in the application materials,the
purported Annexation Agreement with the Town of Firestone, and the
required improvements to the site will ensure that the area is able to support
said use.
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 fora church as a Use by Special Review in the A(Agricultural)Zone
District. Section 23-3-40.E.2 of the Weld County Code provides for a private
school as a Use by Special Review in the A (Agricultural) Zone District.
Section 23-3-40.S of the Weld County Code provides fora child care center
as a Use by Special Review in the A (Agricultural)Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property to the
north contains SUP-118,for a 70,000 unit Turkey Farm; the property to the
northeast contains AmSUP-238,fora Compressor Station;the properties to
the east are agricultural lands, including USR-1231 for the 2,500 head
Bearson Dairy; the properties to the south are agricultural lands including the
1,450 head Busker Dairy;and properties to the west have been annexed into
the Town of Firestone. The Conditions of Approval and Development
Standards will ensure this use is compatible with 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 Intergovernmental Agreement Area for the Town of
Firestone, and is also within the three-mile referral area for the Towns of
Frederick and Firestone,and the City of Dacono. The Town of Frederick,in
a referral dated August 18, 2006, stated concerns with the impact of this
facility on the surrounding transportation system,including roads annexed to
the Town. The Town of Firestone and the City of Dacono did not return a
referral indicating a conflict with the request. There are five property owners
within 500 feet of this proposed facility,and staff has not received any letters
or telephone calls of concern.
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.
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
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use. The subject site is designated"Prime(Irrigated)"on eighty percent of
the site and "Other" on lands adjacent to Weld County Road 18 on the
Farmlands of National Importance by the USDA Soil Conservation Services.
The small size of the lot (13.8 acres) severely limits its agricultural value.
g. Section 23-2-230.B.7--The Design Standards(Section 23-2-240), Operation
Standards (Section 23-2-250), 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 New Hope Family Christian Church for a Site Specific
Development Plan and Use by Special Review Permit#1574 for a Church, Childcare Center,and
Private School in the A(Agricultural)Zone District 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 Screening/Landscape Plan for review and
approval, which includes the following information:
1) The applicant shall demonstrate how the proposed plant material will
be irrigated.
2) The applicant shall delineate on-site lighting, including security
lighting, if applicable.
3) The applicant shall delineate the location of any proposed and
existing plant material. Existing material shall be delineated as a
circle with a dot in the middle, and proposed material shall be
delineated as a circle with a "+" in the middle.
4) The Landscape Plan shall indicate a site for a trash collection that is
sufficiently screened from adjacent public properties and
rights-of-way. These areas shall be designed and used in a manner
that will prevent trash scattered by wind or animals.
5) The specific location of the native seed mix shall be delineated on the
Landscape Plan.
B. The internal circulation within the site, specifically the parking area(s), is
unclear. The applicant shall submit drawings that delineate the proposed
circulation pattern to the Departments of Public Works and Planning
Services for review and approval.
C. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for improvements and post adequate collateral
for all required materials, or complete the required improvements. The
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agreement and form of collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the Use
by Special Review plat.
D. The applicant shall attempt to address the requirements and concerns of the
Fort Lupton Fire Protection District,as stated in the referral response dated
August 16,2006. Evidence of such shall be submitted,in writing,to the Weld
County Department of Planning Services.
E. Given that the Fort Lupton Fire Protection District will require some type of
fire protection for the structure,the applicant shall contact the Central Weld
County Water District to determine if there is capacity to provide additional
water service, and, if adequate pressure exists for a fire hydrant, or the
equivalent,to mitigate the concerns of the Fort Lupton Fire Protection District
and the Department of Building Inspection. Evidence of such shall be
submitted, in writing,to the Weld County Department of Planning Services.
F. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
G. The applicant shall provide written evidence that the facility has an adequate
water supply, i.e., well or community water system.
H. The septic system serving the home shall be reviewed by a Colorado
registered professional engineer. The review shall consist of observation of
the system and a technical review describing the system's ability to handle
the proposed hydraulic load (church, etcetera). The review shall be
submitted to the Environmental Heath Services Division of the Weld County
Department of Public Health and Environment. In the event the system is
found to be inadequately sized or constructed, the system shall be brought
into compliance with current regulations. Evidence of such shall be
submitted, in writing,to the Weld County Department of Planning Services.
The septic system design shall comply with all County and State laws,
regulations, and policies. In the event the septic system requires a design
capacity of over 2,000 gallons of sewage per day,the applicants shall provide
evidence that all requirements of the Water Quality Control Division(WQCD)
of the Colorado Department of Public Health and Environment(specifically
Policies WQSA-6 and WQCA-8) have been satisfied. Evidence of
compliance shall be provided to the Weld County Department of Public
Health and Environment. The applicant may also provide evidence from the
WQCD that they are not subject to these regulations. Evidence of such shall
be submitted, in writing, to the Weld County Department of Planning
Services.
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J. The applicant shall comply with all Department of Building Inspection
requirements, as listed in the referral dated September 6, 2006. Evidence
of such shall be submitted, in writing, to the Weld County Department of
Planning Services.
2. The plat shall be amended to delineate the following::
A. All sheets of the plat shall be labeled USR-1574.
B. The plat shall meet all the requirements of Section 23-2-260.D of the Weld
County Code.
C. The attached Development Standards.
D. The approved Landscape/Screening Plan.
E. The approved internal Circulation Plan.
F. Weld County Roads 17 and 18, adjacent to the site, are designated on the
Weld County Road Classification Plan as local gravel roads,which require
60 feet of right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. All setbacks shall
be measured from the edge of future right-of-way. If the right-of-way cannot
be verified, it shall be dedicated. These roads are maintained by Weld
County. At a point to the west of the intersection of Weld County Roads 17
and 18,the Town of Firestone has annexed lands and has jurisdiction over
this section of road.
G. The main church building and other buildings associated with this facility,
shall adhere to Appendix 23-B of the Weld County Code. The number of
off-street parking spaces required for this facility at full buildout is 92 spaces,
and all spaces shall be delineated on this plat. Further, the applicant shall
delineate the location of all the parking spaces which shall be equipped with
wheel guards or curb stops, where needed, to prevent vehicles from
extending beyond the boundaries of the spaces and from coming into contact
with other vehicles, walls, fences, or plantings.
H. The applicant shall address, and adhere to, the American with Disabilities
Act(ADA)standards for this facility at all times. Non-ambulatory/Ambulatory
parking spaces shall be identified and shown on the plat. This site will be
required to meet all requirements of the ADA. At least one space must be
van accessible. The parking space must be the closest possible to the
entrance. Signing will be required. Curb cuts,ramps,and other methods of
providing accessibility shall be required to reasonably attempt to meet the
requirements of this Act. Should the applicant elect to not adhere to the
previously discussed Federal Standards,the applicant shall outline how the
proposed site design mitigates the requirements of the ADA.
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The applicant shall indicate on the plat access points that are 30 feet in width
to accommodate two-way traffic with adequate turning radii and stop signs.
Written evidence of Weld County Department of Public Works approval shall
be submitted to the Weld County Department of Planning Services.
J. The off-street parking spaces,including the access drives,shall be surfaced
with gravel, asphalt, concrete, or the equivalent, and shall be graded to
prevent drainage problems.
K. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Prior to construction:
A. The applicant shall provide a letter of approval from the Fort Lupton Fire
Protection District prior to construction of any structure.
B. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than,or equal to,one acre in area. The applicant shall
contact the Water Quality Control Division of the Colorado Department of
Public Health and Environmentatwww.cdphe.state.co.us/wq/PermitsUnitfor
more information. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
C. The applicant shall provide dust suppressant on Weld County Road 17, given
the additional impact of the proposed church, daycare, and private school
facility. The dust suppressant shall be placed in front of the residence at
7812 Weld County Road 17, for approximately 300 feet. Both points of
ingress or egress to the Church should be dust abated also. The dust
suppressant(magnesium chloride or calcium chloride)shall be applied no
less than twice a year, or more often as designated by the Weld County
Department of Public Works, Motor Grader Division Supervisor.
4. Prior to 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 Regulations.
B. The septic system must be installed in accordance with the Weld County
Individual Sewage Disposal System Regulations and the Colorado
Regulations for the site application process, if applicable.
5. 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
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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.
6. 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.
7. 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.
8. In accordance with Weld County Code Ordinance#2005-7,approved June 1, 2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall be added for each additional three (3) month period.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 25th day of April, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
G 1 ) . /S W COU TY, COLORADO
ATTEST: a � e C cs(cy
id E. Long, Chair
Weld County Clerk to the B
il 'am . J , Pr -Tem
BY: n I wrr�
Deputy CI k to the Board
Willi F. Garcia
APP D AS TO FO /
Robert D. Mas en
n y Attorney
Douglas ademacher
Date of signature: 21 —99 O 7
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NEW HOPE FAMILY CHRISTIAN CHURCH
USR#1574
1. The Site Specific Development Plan and Use by Special Review Permit #1574 is for a
Church, Childcare Center, and Private School in the A (Agricultural) Zone District, as
indicated in the application materials on file 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. The number of employees associated with this facility is limited to three (3) persons, as
stated in the application materials.
4. The number of parishioners associated with this facility is limited to two hundred forty-two
(242), as stated in the application materials.
5. 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.
6. 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.
7. 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.
8. 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.
9. The 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.
10. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
12. The facility shall utilize the existing public water supply(Central Weld County Water District).
13. 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.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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15. The applicant shall comply with the General Rules for Child Care Facilities issued by the
Colorado Department of Human Resources, Division of Child Care.
16. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that 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.
17. The screening and landscaping on the site shall be maintained in accordance with the
approved Landscape/Screening Plan.
18. On-site lighting,including security lighting, if applicable,shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties and shall comply with the Weld
County Code.
19. A building permit shall be obtained prior to the construction of any new building. The type
of construction, fire-resistive protection, building size and height, and occupancy
classifications will be reviewed when the plans and specifications are submitted.
20. 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 when applying for each permit. The applicant shall include a Code
Analysis Data sheet provided by the Weld County Building Department with each building
permit application.
21. Buildings 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: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2005 National Electrical Code,and Chapter29 of
the Weld County Code.
22. The office 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.
23. The building will be classified as A-3(Church)and E(Educational)occupancy. This building
will be required to have an automatic fire sprinkler system. 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 County Code.
24. Building height shall be measured in accordance with the 2003 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
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lines shall be clearly identified and all property pins shall be staked prior to the first site
inspection.
25. Hours of operation shall be from 6:30 a.m. to 6:30 p.m., Monday thru Saturday, and from
9:00 a.m. to 9:00 p.m. on Sunday, with extended hours on Wednesday to 9:00 p.m.
26. Dust suppressant shall be placed on Weld County Road 18, east from the intersection of
Weld County Road 17,through the entrance to the facility. Both points of ingress or egress
to the Church facility shall be dust abated also. The dust suppressant(magnesium chloride
or calcium chloride)shall be applied no less than twice a year,or more often as designated
by the Weld County Department of Public Works, Motor Grader Division Supervisor.
27. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. 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.
32. 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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