HomeMy WebLinkAbout20071183.tiff HEARING CERTIFICATION
DOCKET NO. 2007-29.A
RE: 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
A public hearing was conducted on May 9, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 6,2007,and duly published April 11,2007, in the
Fort Lupton Press, a public hearing was conducted on April 25, 2007, to consider the request of
New Hope Family Christian Church for a Site Specific Development Plan and Use by Special
Review Permit#1574 fora Church,Childcare Center,and Private School in the A(Agricultural)Zone
District, at which time the Board deemed it advisable to continue the matter to May 9, 2007,
at 10:00 a.m. At said hearing on May9,2007,Cyndy Giauque,Assistant County Attorney,made this
a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal, entered
the favorable recommendation of the Planning Commission into the record as written,and gave a
brief description of the location of the13.8-acre site. He stated improvements on the property
include a barn, single family residence, outbuildings, and he gave a brief description of the
surrounding land uses. Mr.Ogle stated the site will be serviced by a septic system and the Central
Weld County Water District will provide potable and irrigation water. He stated 13 referral agencies
reviewed the proposal,eight responded favorably or provided comments that have been addressed
in the Conditions of Approval and Development Standards,and the Town of Firestone did call and
indicate an Annexation Agreement has been provided to the applicant for review. He further stated
the Town of Frederick did express concern with the adjacent roads which have been annexed,and
the Town of Firestone and the City of Dacono did not submit written referral responses. Mr. Ogle
stated the Fort Lupton Fire Protection District indicated a review of the building would be required
to determine fire flow, and the Central Weld County Water District noted the facility is serviced by
a five-eighths inch water main. He further stated staff did receive one letter from TV Dairy,
expressing concern with the Right to Farm Statement, and how it will apply to the existing dairy.
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Char Davis, Department of Public Health and Environment, stated the site will be serviced by the
Central Weld County Water District,the home has an existing septic system,and staff is requiring
an engineer-designed septic system for Phase 1 of the proposal. She further stated additional water
and sewer needs will be considered as the future phases are submitted for review.
Donald Carroll, Department of Public Works, stated the site is bordered by County Roads 17
and 18,and the Town of Firestone has annexed County Road 18 east to the corner of the property.
He stated the site will be accessed from County Road 18, which is currently maintained by Weld
County. He reviewed the site design and proposed parking, and stated the proposal will be
completed in three phases: First Phase will accommodate 43 people, Second Phase will
accommodate 199, and the applicant intends to petition for annexation at the Third Phase.
Mr.Carroll stated the average daily traffic count on County Road 18 is approximately 165 vehicles,
and County Road 17 averages 100 to 160 vehicles per day. He stated the applicant is proposing
dust abatement for the adjacent property owner on County Road 18,and the Town of Frederick is
requesting dust abatement at the intersection of County Roads 17 and 18, both of which are gravel
roads at this time. He stated the applicant is also proposing a school, and the applicant can
describe the dust control and parking plans for that project. In response to Commissioner Jerke,
Mr. Carroll stated County Road 17 does not exist north of County Road 18.
Reverend Jackson Sherwood represented the applicant and stated the Town of Firestone has sent
them an Annexation Agreement, and they subsequently returned an amended version of the
agreement. Mr. Sherwood read a portion of the Annexation Agreement, regarding maintenance
responsibilities,for the record. He stated the applicant is proposing,and although the ingress and
egress is currently from County Road 18,the next phase will propose an exit onto County Road 17.
He stated he did speak with Bruce Nickerson,Town of Firestone,who indicated the dust abatement
issue should be addressed through Firestone, since Frederick's annexation limit is one-half mile
south of the intersection. He stated the applicant has also contacted Ed Glasco, who will be
designing and installing the septic system. He further stated Pam Smith, Department of Public
Health and Environment,suggested installing a septic system to handle the maximum anticipated
load at full buildout,and then do an expansion,if needed. Mr.Sherwood stated they have received
no negative feedback from surrounding property owners,although the property owner to the south
did indicate they did not oppose the application as long as the Church did not oppose any future
proposals on the neighboring property. He stated he was unable to make that commitment to the
neighbor. He further stated Kerr-McGee and Noble Energy have both indicated no objection,since
it did not impact any of their storage, pipelines, or wells. Responding to Commissioner Jerke,
Mr. Sherwood stated the site is 15 acres, and he indicated the oil and gas tank storage and wells
are adjacent to the applicant's property, and he submitted copies of the proposed and revised
Annexation Agreements, marked Exhibits J and K.
No public testimony was offered concerning this matter. In response to Chair Long, Mr. Carroll
stated he was asking for dust abatement for the property owner to the south; however, the
applicant's testimony indicates most of the traffic will be on County Road 18, and the Annexation
Agreement also addresses dust abatement adjacent to the property. Responding to Commissioner
Rademacher, Mr. Sherwood indicated the Town of Firestone has annexed to the intersection of
County Road 17 and 18,and the proposed Annexation Agreement indicates the maintenance costs
will not exceed $500 per year. He stated the applicant does not intend to provide 1.5 miles of
pavement to the existing end of pavement. He further stated if public sewer is available in the future,
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the property would be connected at that time, and the Fire Protection District will submit the
appropriate documentation of its review to meet County requirements. Mr. Carroll stated
Development Standard #26 deals with dust abatement, and the Board agreed to modify the
language to require dust abatement on County Road 18 from the intersection with County Road 17,
east to the property access. Responding to Commissioner Rademacher, Mr. Carroll stated the
property owner to the south did not request dust abatement. Responding to Mr. Sherwood,
Mr. Carroll stated Weld County currently maintains County Road 17 south of County Road 18, to
where Frederick has annexed the road, and also maintains County Road 18, east of County
Road 17. Ms. Giauque stated the applicant has submitted a proposed annexation agreement,
assuming the Town of Firestone will be annexing the road. She stated additional language
modifications may be needed,and the applicant will need to consult with a private attorney because
the County cannot provide legal counsel on the matter. Responding to Commissioner Rademacher,
Mr.Ogle stated the Town of Frederick requested dust abatement on County Road 17,not the Town
of Firestone, and the Board agreed to modify Development Standard #26.
In response to Chair Long, Mr. Sherwood stated he and the applicant have reviewed, and concur
with, the Conditions of Approval and Development Standards as proposed and modified. In
response to Mr. Sherwood, Ms. Davis stated the property is currently required to adhere to the
sound levels allowed in the Residential Zone; however, that standard could be changed to a
Commercial level to better accommodate future outdoor activities. She stated 15 acres is likely
adequate to buffer noise from the site. Responding to Commissioner Rademacher, Ms. Davis
stated the property is zoned A (Agricultural); however, there are surrounding residences and
allowing the Commercial standard would allow the applicant more flexibility. Mr.Sherwood stated
the property to the west is proposed to be developed as green space by the Town of Firestone. The
Board indicated decibel levels allowed in the Residential Zone will be adequate.
CommissionerJerke moved to approve the request of New Hope Family Christian Church fora Site
Specific Development Plan and Use by Special Review Permit #1574 for a Church, Childcare
Center,and Private School in the A(Agricultural)Zone District, based upon the recommendations
of Planning staff and the Planning Commission,with the Conditions of Approval and Development
Standards as entered into the record. His motion included modifying Development Standard#26
to require dust abatement on County Road 18 from the intersection with County Road 17, east to
the property access. The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:35 a.m.
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HEARING CERTIFICATION - NEW HOPE FAMILY CHRISTIAN CHURCH (USR#1574)
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This Certification was approved on the 14th day of May 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�j ��� 7 COUNTY COLORADO
ATTEST: iate y AO David E. Long, Chair
Weld County Clerk to the = tar'
illiam J , P -Tem
BY: (t-L-
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Deputy Clerk to the Bo:,d_
WI '' mF. Garcia
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TAPE #2007-13
Robert D. Masden
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1574- NEW HOPE FAMILY CHRISTIAN CHURCH
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 10/17/06)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter re: Items Prior to Scheduling, dated
12/1/06
F. Planning Staff Memo re: Items Prior to Scheduling, dated
3/9/07
G. Noble Energy Letter re: Concerns regarding access to
property, dated 04/17/07
H. Planning Staff Certification and Photo of sign posting
Noble Energy Letter of support, dated 04/23/07
J. Applicant Revised Agreement to Annex
K. Applicant Draft Agreement to Annex
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