HomeMy WebLinkAbout20043336.tiff HEARING CERTIFICATION
DOCKET NO. 2004-103
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1487
FOR A CHURCH IN THE A (AGRICULTURAL) ZONE DISTRICT - BIBLE BAPTIST
CHURCH
A public hearing was conducted on December 15,2004,at 10:00 a.m.,with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Chris Gathman
Health Department representative, Pam Smith
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated November 19,2004,and duly published December 1,
2004, in the Fort Lupton Press, a public hearing was conducted to consider the request of Bible
Baptist Church for a Site Specific Development Plan and Use by Special Review Permit#1487 for
a Church in the A(Agricultural)Zone District. Lee Morrison,Assistant County Attorney, made this
a matter of record. Chris Gathman, 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 uses. He
stated there are existing improvements on the site which will be converted into a church, and the
applicant is proposing to install a separate access to the south, off of Weld County Road 1, to
access the church, with the existing shared access to be gated and used only for emergency
purposes. Mr. Gathman stated 13 referral agencies reviewed this proposal, and nine responded
favorably or provided comments that have been addressed in the Conditions of Approval and
Development Standards. He stated staff received a late referral response from the Boulder County
Land Use Department and a Condition of Approval requires the applicant to attempt to address
Boulder's comments. Mr. Gathman stated staff received one letter of support from a surrounding
property owner, as well as a second letter expressing concern regarding the shared access and
requesting the new access be open before the church begins conducting services. Mr. Gathman
displayed photographs of the site and surrounding properties. In response to Chair Masden, Mr.
Gathman stated the Board previously considered a Use by Special Review application for a duplex
on the Schlichenmayer property which is along the shared driveway to the north. Responding to
Commissioner Vaad, Mr. Gathman stated Condition of Approval#1.E is based on the application
materials which include a submittal to the Left Hand Water District; however,this is in addition to
the existing water supply. Commissioner Vaad commented that may be problematic since Boulder
County exercised its 1041 powers and stipulated that the Left Hand Water District is to provide no
additional water taps within one mile of the County line. Ms. Smith stated the file includes a letter
from the Left Hand Water District,dated July 1,2004,stating one commercial tap can be provided,
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HEARING CERTIFICATION - BIBLE BAPTIST CHURCH (USR#1487)
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therefore,the Condition has been met and can be deleted. Mr.Gathman stated the letter also states
the request would be presented to the Left Hand Water District Board on September 16, 2004,for
final determination. In response to Chair Masden, Mr. Gathman stated the church building
occupancy will be 99 people,and the plat must show an area for overflow parking for special events.
He further stated the site is five acres,and Development Standard#20 stipulates the congregation
shall not exceed 75 people.
Ms. Smith stated the existing house is served by a septic system which was installed in 1993, and
Condition of Approval #4.A requires that it must be reviewed and brought to code if it does not
comply. Responding to Commissioner Jerke, Ms.Smith stated the calculations for church effluent
flows are reduced from those of a residence because there will be no laundry,showering,cooking,
etc. However, they have to size the system for the maximum occupancy as if it were to be
occupied at that amount every day,which results in allowing them to use the facility throughout the
week for other activities as long as they don't exceed that capacity. She further stated church
systems typically last longer.
Donald Carroll, Department of Public Works,stated Weld County Road 1 is designated as a major
arterial which requires 140 feet of right-of-way at full build out, and this section is maintained by
Boulder County. He stated the applicant is not proposing any new structures,the existing access
is a 20-foot concrete driveway,which will remain for the other properties to share. He stated a new
access will be designated further south for the church use, and the old access will be gated for
emergency use only. He stated the traffic circulation on the site is good, and they are asking the
applicant to designate additional parking for overflow, if needed. He further stated there will be
on-sight detention to address stormwater flow, and he noted the County has no right-of-way
designated on the section line to the south. Mr.Carroll stated he generally requests comments from
adjacent Counties if they share maintenance responsibilities. Mr.Gathman stated the referral from
Boulder County did provide comments regarding lighting,however,they did not mention stormwater.
Mr. Carroll added the internal parking will be paved.
Lauren Bley, Bley Associates,Architects,represented the applicant and stated the Left Hand Water
District has extended a contract for a tap on this property. He stated a Geotech Engineer has been
hired to review the existing system that was licensed and installed in 1993,and a copy of that report
will be provided to the Weld County Department of Public Health and Environment for review. He
stated they have addressed the comments from the Planning Commission hearing where the key
issue was obtaining a separate access. He stated the church will have a seating capacity of 100
people following an addition to the building. Mr.Bley stated they have reviewed and agree with the
Conditions of Approval and Development Standards as proposed,and they intend to have the plat
completed by January 10, 2005, so they can begin construction and move in by May 2005.
Commissioner Vaad commented the letter from the Left Hand Water District may be mute if it is
contrary to the Boulder County 1041 agreement. Mr. Morrison suggested Mr. Bley submit the
additional comments he has from the Water District.
Pastor Jim Duncan stated they submitted an application and the Left Hand Water Board provided
a contract to provide a tap;however,they did an extension because they don't want to pay a tap fee
until they have approval of the Use by Special Review Permit and close on the property.
Commissioner Vaad stated that may all be true,but the Left Hand Water District may not have had
the authority to enter into a contract. Mr. Morrison stated this is a new tap but it may have been an
exception since it will service an existing structure. Mr. Bley stated this will be the equivalent of a
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domestic tap versus issuing taps for a larger scale development.
No public testimony was offered concerning this matter. Commissioner Vaad commented he
supports the proposal;however,he proposed an amendment to Condition#1.E to delete the second
sentence. Joe Baldwin,current property owner,stated there is a high-quality registered water well
on the property that he feels will meet the needs of the church. He stated the church's desire to add
additional water is an augmentation and could be considered overkill because there is a good viable
source of water with adequate capacity. Commissioner Geile commented he respects the decision
of Boulder County, however, he does not accept their actions to determine what happens in Weld
County. He stated he prefers to accept what the applicant has presented. Commissioner Vaad
withdrew his motion because there is evidence of an adequate water supply, therefore, the Left
Hand Water District tap issue is mute. In response to Commissioner Long, Ms. Smith stated if the
water source is going to change from the Left Hand Water District, which is a community water
supply, to well water, then Condition #1.E should be modified requiring the applicant to provide
evidence of a well registered for commercial use. Commissioner Geile requested the Condition be
left as is. Mr. Gathman reviewed the comments from Boulder County for the record regarding
landscaping and lighting. Commissioner Geile stated the comments are in the record and noted.
In response to Chair Masden, Mr. Bley stated he and the applicant have reviewed and concur with
the Conditions of Approval and Development Standards as proposed.
Commissioner Geile moved to approve the request of Bible Baptist Church for a Site Specific
Development Plan and Use by Special Review Permit#1487 for a 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 entered into the record. The motion
was seconded by Commissioner Vaad, and it carried unanimously. There being no further
discussion, the hearing was completed at 12:10 p.m.
This Certification was approved on the 20th day of December 2004.
APPROVED:
IE
BOARD OF COUNTY COMMISSIONERS
` W D COU TY, COLORADO
, 1861 t^ -
44 kki\lta
Robert D. Masden, Chair
Vi 't� � ,.�f./y Clerk to th ,Board -)
William Jerke, Pro-Tem
BY:
eputy Clerk to the Board
M. . .eile
TAPE #2004-55 b �A d
David E. Long I V
DOCKET#2004-103
Glenn Vaad
2004-3336
PL1753
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1487 - BIBLE BAPTIST 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 10/19/2004)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memo re: Attempt to address Condition of
Approval #1.A
F. Planning Staff Certification and Photo of sign posting
G. Applicant Memorandum and Individual Tap Purchase
Agreement from Left Hand Water District,
dated 09/16/2004
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J.
K.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF DECEMBER, 2004:
DOCKET#2004-99 - SAMUEL AND CYNTHIA CLARK
DOCKET#2004-103 - BIBLE BAPTIST CHURCH
DOCKET#2004-104 - P AND A TURKEY FARMS, INC.
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