HomeMy WebLinkAbout20043322.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1487 FORA CHURCH IN THEA(AGRICULTURAL)ZONE DISTRICT-BIBLE
BAPTIST 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 15th day of
December,2004,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Bible Baptist Church,6135 Gunbarrel Avenue, Boulder,Colorado 80301,for a Site
Specific Development Plan and Use by Special Review Permit #1487 for a Church in the
A (Agricultural) Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption#1500;being part of the
SW1/4 of Section 6, Township 1 North, Range 68
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Loren Bley , Bley Associates, Architects,
5312 West 9th Street Drive, Suite 150, Greeley, Colorado 80634, 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 recommendations 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 22-2-60.D (A.Goal 4) states, "Conversion of agricultural land to
nonurban residential,commercial and industrial uses will be accommodated
when the subject site is within an area that can support such development."
The projected population of the congregation,as indicated in the application
materials, and the separate access off of County Road 1, will support the
use.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-2-40.E.1 of the Weld County Code
provides for churches as a Use by Special Review in the A (Agricultural)
Zone District.
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SPECIAL REVIEW PERMIT#1487 - BIBLE BAPTIST CHURCH
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c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is located adjacent to
single-family residences to the north and east. There is an existing driveway
that is shared by this property with three residences located to the north and
one residence located to the east. Vacant land is located to the south of the
property. The applicant is proposing to install a separate access for the
church and only use the existing residential access for emergency
ingress/egress. The Conditions of Approval and Development Standards will
ensure that 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 site is
not located within an urban growth area but is located within three miles of
the Town of Erie and Boulder County. A referral response has not been
received from the Town of Erie. A referral response was received from
Boulder County Land Use on October 14, 2004, and is addressed in the
attached Conditions of Approval.
e. Section 23-2-230.B.5 --The application complies with Section 23-5 of the
Weld County Code. This site is located within the 100-year floodplain as
shown on FIRM map panel 080266 0960D. A Flood Hazard Development
Permit (FHDP) will be required as a Condition of Approval for this permit.
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
Program.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is located on"irrigated non prime"soils according to the 1979
U.S.D.A. Prime Farmlands Map of Weld County.
g. Section 23-2-230.6.7 -- 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 Bible Baptist Church fora Site Specific Development Plan
and Use by Special Review Permit#1487 for a 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:
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A. Every sheet of the plat shall be labeled USR-1487.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) County Road 1 (County Line Road) is designated on the Weld
County Road Classification Plan as a major arterial road, which
requires 140 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. A total of 70 feet from the centerline of County
Road 1 shall be delineated on the plat as right-of-way reservation for
future expansion of County Road 1. This road is not maintained by
Weld County.
3) The required number of parking spaces approved by the Department
of Planning Services as required by Appendix 23-B of the Weld
County Code.
4) Due to the residential character of the area, the proposed church
sign shall conform to the A (Agricultural)Zone District requirement
of 32 square feet,as outlined in Section 23-4-80 of the Weld County
Code. The size of the sign, as indicated on the plat drawings, shall
be revised to reflect this requirement.
5) The label "CHRISTIAN ED." shall be removed from the existing
outbuilding as indicated on the site plan.
6) An overflow parking area shall be indicated on the plat to be used in
the case of special events.
C. The applicant shall address the requirements of the Department of Planning
Services as stated in the landscape referral dated August 30, 2004.
Evidence of such shall be submitted in writing to the Department of Planning
Services.
D. The applicant shall submit a parking plan that addresses the requirements
of Appendix 23-B of the Weld County Code for review and approval by the
Department of Planning Services. The parking plan shall also address the
seating capacity of the church facility.
E. The applicant shall provide evidence that the facility has an adequate water
supply. The applicant shall provide written evidence from the Left Hand
Water District Board that their tap commitment request has been approved.
F. The applicant shall apply and receive approval for a Flood Hazard
Development Permit from the Department of Planning Services for the
proposed building addition/renovation for the church facility.
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G. The applicant shall complete all proposed improvements regarding access
improvements and parking lot requirements to the satisfaction of the
Department of Public Works 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.
H. The applicant shall attempt to address the requirements/concerns of the
Boulder County Land Use Department as stated in its e-mail received
October 14, 2004. Written evidence of such shall be provided to the
Department of Planning Services.
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 release of Building Permits:
A. The septic system serving the residence/proposed church (Septic
Permit#G19930290)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. The review shall be submitted to the Environmental Health
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.
B. Building construction/renovation plans and a final site plan showing the
location of proposed fire hydrant(s)must be submitted to the Fire District for
review and approval.
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C. The applicant shall address the requirements of the Department of Building
Inspection as stated in its referral dated September 8, 2004.
5. Prior to Construction:
A. Roads must have a surface that provides all-weather driving capabilities at
the time renovation/construction begins.
6. Prior to certificate of occupancy:
A. A final inspection of the occupancy will be required by a member of the
Mountain View Fire Protection District.
7. Prior to Operation:
A. The proposed new and improved access at the south edge of the property
shall accommodate two-way traffic. An adequately sized culvert will need to
be placed under this access point. Adequate turning radiuses shall match
the existing asphalt on County Road 1.
8. 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 15th day of December, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
"crl Eil,,a W LD COUNTY,, C�OLO ADO
t Robert D. Masden, Chair
eld ty Clerk to the Board
William H. rke, Pro-Tem
Deputy Clerk to the Board
M. Bile
APPR9WED A "F M:
/i David E. Long
1 ounty orney
Glenn Vaad
Date of signature: / -57-0s
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BIBLE BAPTIST CHURCH
USR #1487
1. The Site Specific Development Plan and Use by Special Review Permit #1487 is for a
church 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. 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. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
5. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
6. 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.
7. Adequate toilet facilities shall be provided for the public.
8. The facility shall utilize the existing public water supply (Left Hand Water District).
9. The installation of any new septic system shall comply with the Weld County Individual
Sewage Disposal Systems (I.S.D.S.) Floodplain Policy.
10. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
11. Effective January 1,2003, Building Permits issued on the proposed site will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
12. The landscaping on the site shall be maintained in accordance with the approved Landscape
Plan.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
14. Apparatus roads shall be designed and maintained to support the imposed loads of fire
apparatus (75,000 pounds).
15. The proposed access at the south edge of the property shall accommodate two-way traffic.
An adequately sized culvert will need to be placed under this access point. Adequate turning
radiuses shall match the existing asphalt on County Road 1.
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16. The off-street parking spaces, including the access drive,shall be surfaced with asphalt or
the equivalent, and shall be graded to prevent drainage problems.
17. Each parking space shall be equipped with wheel guards or curb blocks where needed to
prevent vehicles from extending beyond the boundaries and from coming into contact with
other vehicles, walls, fences, or plantings.
18. The existing driveway shall be restricted to emergency/maintenance vehicle access only.
The existing access should be gated and kept closed.
19. A Building Permit shall be obtained prior to the construction of any new building or the
addition and/or remodel of any existing building.
20. The congregation shall be limited to a maximum of 75 people as stated in the application
materials.
21. Sources of light shall be shielded so that beams or rays of light do not shine directly onto
adjacent properties; neither the direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets.
22. Office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, as stated in the
application materials. All events shall end at no later than 10:00 p.m.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
25. Personnel from the Weld County Government 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.
26. 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.
27. 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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