HomeMy WebLinkAbout20051255.tiff HEARING CERTIFICATION
DOCKET NO. 2005-30
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1499
FOR PUBLIC AND QUASI-PUBLIC BUILDING(CHURCH)IN THE A(AGRICULTURAL)
ZONE DISTRICT -WINDSOR ASSEMBLY OF GOD
A public hearing was conducted on April 13, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
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 March 25,2005,and duly published March 30,2005,
in the Fort Lupton Press, a public hearing was conducted to consider the request of Windsor
Assembly of God for a Site Specific Development Plan and Use by Special Review Permit#1499
for Public and Quasi-Public Building (church) in the A(Agricultural)Zone District. Lee Morrison,
Assistant County Attorney, made this a matter of record. Chair Jerke advised the applicant's
representative,Todd Hodges,Todd Hodges Design, LLC,that he has the option of continuing this
matter to a date when the full Board will be present. However, if he decides to proceed today,it will
require three affirmative votes, or in the case of a tie vote, Commissioner Vaad will listen to the
record and make the determining vote. Mr. Hodges indicated he would like to proceed today.
Kim Ogle, Department of Planning Services,presented a brief summary of the proposal and entered
the favorable recommendation of the Planning Commission into the record as written. He gave a
brief description of the location of the site and surrounding land uses. He stated the site consists
of 15 acres of non-irrigated pasture land,and there are no improvements on the property. Mr.Ogle
stated the Town of Severance indicated no conflict with its interests. The Town of Windsor referral
stated the application should be forwarded to it for annexation; however, if approved through the
County,the Town proposed conditions,including the requirement for an annexation agreement. He
stated 15 referral agencies reviewed this proposal, 11 responded with comments that have been
addressed in the Conditions of Approval and Development Standards, staff has not received any
correspondence from surrounding property owners, and the applicant has provided two letters of
support. Mr.Ogle displayed photographs of the site and surrounding area,and stated the height of
the steeple, excluding the cross, would be 47.5 feet.
Char Davis, Department of Public Health and Environment, stated the site will be serviced by the
North Weld County Water District and there will be an engineered septic system.
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Don Carroll, Department of Public Works, stated the application indicates a daily average of 120
vehicle trips,with an increase to 535 vehicle trips on Sunday. Mr.Carroll stated the intersection at
Weld County Road 72 and State Highway 257 does not have a traffic signal; however, there are
Stop signs on Weld County Road 72. He stated there is a right-turn slot on State Highway 257 for
traffic turning onto Weld County Road 72 and heading toward the church and adjacent subdivision.
He further stated Weld County Road 72 is paved and classified as a collector status road with 60
feet of right-of-way,and the applicant has provided additional right-of-way to accommodate future
widening of the adjacent roadways. In response to Chair Jerke,Mr.Carroll stated the main access
to the site is from Weld County Road 72, as well as an emergency access to Highway 257. He
further stated the access is approximately 400 feet from the intersection. Responding further to
Chair Jerke, Mr. Ogle stated there are 101 paved parking spaces.
Todd Hodges, Todd Hodges Design, LLC, represented the applicant and submitted letters of
support, marked Exhibits G and H. He reviewed the surrounding uses and stated there is also a
proposed annexation to the Town of Severance for commercial development, as well as a large
200-home subdivision proposed to the Town of Windsor. He stated this area is rapidly changing
to urban uses and he reviewed photographs of the area. Mr. Hodges stated following the Planning
Commission hearing the applicant hired an engineer to evaluate the information that needs to be
submitted to the Environmental Protection Agency,and they anticipate favorable comments very
soon. He stated the plat has also been revised to show septic envelopes closer to the center of the
property to meet State setback requirements. He further stated the building is proposed to be
12,000 square feet and designed to seat 296 people, which will address growth at the current
location. They are also proposing a small shed for snow removal and landscaping equipment. Mr.
Hodges stated the site will be serviced by the North Weld County Water District and an engineered
septic system,and approximately six acres of the site will remain in agricultural type uses,such as
pasture. He stated the main access is an existing access point from Weld County Road 72, the
parking lot with 101 slots,disabled parking spaces and the access will be paved,and the outgoing
vehicles will be divided to provide smooth traffic flow. He further stated the Fire Protection District
is requiring an emergency access, and upon approval,the applicant will submit an access permit
application to the Colorado Department of Transportation(CDOT)for emergency access from State
Highway 257. Mr. Hodges reviewed the landscape plan and proposed sign, and stated there is a
proposed fee to be paid to the Ditch Company to allow for detention water to go into the ditch. He
stated they met with the Town of Windsor and considered the Highway 257 Corridor Plan when
formulating the Landscaping Plan,Lighting Plan and site design. He explained the process required
to obtain approval for a church on this property through the Town of Windsor, and stated currently
there is no public sewer available. He stated the applicant sent invitations to surrounding property
owners within 1,500 feet to attend an open house to take public input prior to submittal, and they
received no negative comments. At the Planning Commission hearing,opposition was expressed,
therefore, they held another open house to gain further input; however, no one attended.
Responding to CommissionerGeile regarding a letter from John Stocker,dated April 13,2005,Mr.
Hodges stated once the pastor was aware of the situation, he made a call and the site is being
cleaned up. He stated when he took his photographs a few months ago, he did not witness any
paintball-associated items on the site, and he is not aware of a continuing operation.
Holly Dykstra, surrounding property owner, stated she lives east of the proposed site in Moriah
Estates. Ms.Dykstra stated they support the proposal because they feel a church would be a good
neighbor,and the property is not suited for residential development. She stated the church will likely
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be family-friendly,and upon attending the first open house,they approved of the plans. She stated
approximately 300 people will not generate a huge amount of traffic, the design is aesthetically
pleasing,and due to the topography,it will not create a huge impact to the view. Ms. Dykstra stated
she did attend the Moriah Estates Annual Homeowners's Association meeting and there was good
representation of all the residents and there was no verbal opposition. She stated a resident of
North Shores circulated a petition of opposition;however,during the meeting no one signed it. She
further stated when presented with the petition of opposition at her home,the petitioner presented
false information,which may have resulted in additional signatures. In response to Commissioner
Masden, Ms. Dykstra stated she does attend Windsor Assembly of God; however, after
consideration, she still feels she would support this application if it were a different congregation.
Charlotte Medhurst,surrounding property owner,stated she lives in the North Shores Subdivision,
and although she does not formally represent the Homeowners' Association, she did express
concern with the view and loss of open space. She stated there are many homes in the area;
however, they are situated on several acres and it provides a rural atmosphere. Ms. Medhurst
stated many of the homes have horses,residents walk along the County road,and the application
indicates a daily increase of more than 100 vehicles. She stated there is significant opposition to
future development in this area, and when circulating the petition, many residents indicated they
preferred a church to a corner convenience store. Ms. Medhurst clarified the church initially
presented the Town of Windsor with the possibility of including some retail stores in the design. She
requested the Board deny the request and allow development that would be compatible and not
hinder their property values. Responding to Chair Jerke, Ms. Medhurst stated the North Shores
Subdivision is located south of the proposed site across Weld County Road 72 and the concern
deals with northwestern views. Mr. Carroll stated Weld County currently maintains Weld County
Road 72; however, Windsor is located directly south. In response to Commissioner Long, Mr.
Carroll stated there are two main accesses to the North Shores Subdivision from Weld County
Road 72; the first is 1,000 feet from State Highway 257 and the second is 2,100 feet.
Jody Niswender,surrounding property owner,stated she lives west of the site across State Highway
257. Ms. Niswender stated she feels a church would be ideal at this location because there is
minimal traffic on State Highway 257 on Sundays,and there will likely be minimal church activities
during the week that result in 100 vehicles during the peak traffic hours. She stated there is a
maximum of five homes in the North Shores Subdivision that would have their northern views
obstructed, and the remaining homes already have their views blocked by adjacent houses. She
stated she feels the church will be a good neighbor and she supports the application.
Mel Medhurst, surrounding property owner, stated he is a member of the North Shores Estates
Homeowners'Association and he is opposed to the application. He stated they have limited people
in attendance due to work schedules, limited awareness of the plans, and the apparent lack of
notification to residents within 500 feet. Mr. Medhurst stated he did circulate a petition among the
surrounding communities and received 45 signatures from homeowners in each of the
developments. He submitted the petition of opposition, marked Exhibit J, and stated all traffic for
church activities will have to access from Weld County Road 72 and the additional volume will
create noise and safety hazards for children and animals. He stated Weld County Road 72,west
of State Highway 257, is unpaved and experiences less traffic. He stated the applicant initially
proposed commercial uses on the remaining area, and although it has been eliminated, it is still
unknown what the applicant intends to do with the remaining ten acres in the future. He stated the
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proposal will have a negative impact on the surrounding property values and the rural lifestyle
enjoyed by the current residents. He also expressed concern with impacted views,noise,and traffic
congestion. Mr.Medhurst stated most the parishioners will likely live outside of the impacted area,
and misinformation regarding the potential for a gas station on the corner has created support for
a church as the alternative. He stated the church purchased the property in May 2002 for$259,000,
and he feels the land should be left as it is or developed with affordable homes. He stated the large
development referenced by Mr.Hodges is only in the planning stages and there is no guarantee that
it will be approved. He further stated most of the opponents did not feel it would be appropriate to
attend the open house held by the applicant and be involved in a hostile setting. There being no
further comments, Chair Jerke closed public testimony.
In response to Chair Jerke,Mr.Hodges stated he and the applicant have reviewed and concur with
the Conditions of Approval and Development Standards as proposed. He stated Condition#1.F
requires an Improvements Agreement and the applicant is proposing to submit the necessary
documents,with the exception of collateral. He suggested prior to issuance of the Certification of
Occupancy,that any outstanding items that are covered in the improvements agreement be bonded
at that time. He stated this is private property and if the church chooses not to build, it will remain
as vacant land. Commissioner Geile expressed concern with waiving collateral and creating an
inconsistency in the process. Chair Jerke stated although he is a strong opponent to collateral, he
does not have a clear alternative to propose,and the Board concurred with keeping the Condition
as proposed. Mr. Ogle stated during the Site Plan Review process, there have been instances
when staff did not require collateral until such time as the Temporary Certificate of Occupancy was
issued. He stated in this situation, most of the materials will be donated and put in place by the
applicant or congregation. Chair Jerke stated that may be a feasible option; however, he would
prefer additional discussion before adopting it as a formally accepted process. Mr. Hodges stated
the applicant is prepared to submit a Letter of Credit if the Board is not agreeable at the time of
consideration of the Improvements Agreement.
Commissioner Geile stated there is no formula for the highest and best use for a particular piece
of property; however, he feels the application does comply with the criteria as supported by the
Planning Commission.
Chair Jerke stated the argument concerning the health and safety of children and pedestrians on
a County road which will be used by the church for limited amounts of time on certain days of the
week tends to ruin the credibility of opponents. He stated that area is very quiet on Sunday and he
does not feel this will generate a massive amount of traffic,which would hinder the activities of the
area residents. He further stated this appears to be a small country church which will likely serve
the community very well.
Commissioner Long concurred with the previous comments and stated churches tend to enhance
a community and property values,they typically bring about a spirit of cooperation and change and
he supports the application.
Commissioner Geile moved to approve the request of Windsor Assembly of God fora Site Specific
Development Plan and Use by Special Review Permit#1499 for Public and Quasi-Public Building
(church)in the A(Agricultural)Zone District, based on the recommendations of the Planning staff
and the Planning Commission, with the Conditions of Approval and Development Standards as
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entered into the record. The motion was seconded by Commissioner Long, and it carried
unanimously. There being no further discussion, the hearing was completed at 4:00 p.m.
This Certification was approved on the 18th day of April 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
4 WELD COUNTY, COLORADO
t�� ='j
1
iiii /M ?t'
;� , mil William H erke, Chair
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. • '7f Jerk to the Board
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Nis.
1 / / M. eile, Pro-Tem
*:c cavort /u a /.l i
1
'eputy Clerk to the Board
D vid E. Long
TAPE #2005-22
Robert D. Masden
DOCKET#2005-30 EXCUSED
Glenn Vaad
2005-1255
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1499 -WINDSOR ASSEMBLY OF GOD
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 03/01/2005)
D. Clerk to the Board Notice of Hearing
E. John Stocker Letter of Concern, 03/26/2005
F. Planning Staff Photo and Certification of sign posting
G. Applicant WIPO, LLC Letter of Support, 04/13/2005
H. Applicant Letter from James Scott
Applicant Copies of PowerPoint Presentation
J. Various Homeowners' Petition of Opposition
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF APRIL, 2005:
DOCKET#2005-15 -WILLIAM AND ANN STONEBRAKER
DOCKET#2005-30 -WINDSOR ASSEMBLY OF GOD
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF APRIL, 2005:
DOCKET#2005-15 -WILLIAM AND ANN STONEBRAKER
DOCKET#2005-30 -WINDSOR ASSEMBLY OF GOD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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