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HomeMy WebLinkAbout20043324.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Bible Baptist Church Case Number USR-1487 Submitted or Prepared H T At Hearing Prior to g ' Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X Sign Posting Affidavit and sign picture (r". :. : X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X • 3 Referral List X Referrals without comment X Colorado Department of Transportation referral received 8/25/04 X St.Vrain Valley School District X • 4 Referrals with comments X Weld County Department of Public Works referral received 8/31/2004 (7 pages) X Weld County Department of Public Health and Environment referral received X 9/23/2004 (2 pages) Weld County Building Inspection referral received 9/8/2004 (2 pages) X Weld County Zoning Compliance Officer referral received 8/23/2004 X Department of Planning Services, Landscape referral received 8/30/2004 (3 pages) X Mountain View Fire Protection District referral received 9/16/2004 X • 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits 6A Memo re: Recommended revisions to USR-1487 from Planning Services X (10/18/04) • 66 Letter from Loyd & Sheila Schlichenmayer dated 9/3/2004 X • 6C Letter from Chuck&Tina Conilogue dated 10/12/2004 X • 6D E-mail from Peter Fogg—Boulder County Senior Long Range Planner dated X 10/14/2004 • 6E Memo from Charlotte Davis—Environmental Health dated 10/18/2004 X 6F Sign posting certificate and sign photo X EXWB 2004-3324 1 I hereby certify that the 28 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. �_ Chris Gathman •:• Planner WE�Dc. COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR- 1487 Hearing Date: October 19, 2004 Applicant: Bible Baptist Church Address: P.O. Box 11078, Boulder, CO 80301 Request: A Site Specific Development Plan and a Special Review Permit for a church in the A (Agricultural)Zone District Legal Description: Lot B RE-1500 Part of the SW4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 1 and approximately I/2 mile south of State Highway 52 Size of Parcel: +/- 5 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 8/23/2004 • Weld County Department of Public Health and Environment, referral received 9/20/2004 • Weld County Department of Public Works, referral received 8/31/2004 • Weld County Department of Building Inspection, referral received 9/8/2004 • Mountain View Fire Protection District, referral received 9/16/2004 • St. Vrain School District, referral received 8/30/2004 • Weld County Long Range Planner, referral received 8/30/2004 • Colorado Department of Transportation, referral received 8/27/2004 Referrals responses have not been received from the following agencies: • Weld County Sheriff's Office • XCEL Energy • Central Colorado Water Conservancy District ▪ Town of Erie • Boulder County EXHIBIT Bible Baptist Church USR-1487 1 SPECIAL REVIEW PERMIT W IlD 0 • ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1487 Hearing Date: October 19, 2004 Applicant: Bible Baptist Church Address: P.O. Box 11078, Boulder, CO 80301 Request: A Site Specific Development Plan and a Special Review Permit for a church in the (A) Agricultural Zone District Legal Description: Lot B RE-1500 Part of the SW4 of Section 6, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 1 and approximately 1/2 mile south of State Highway 52 Parcel Size: +/- 5 acres Parcel Number: 1467 06 300010 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.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 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 23-2-220.A.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. Bible Baptist Church USR-1487 2 C. Section 23-2-220.A.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 applicants are proposing to install a separate access for the church and only use the existing residential access for emergency ingress/egress. Conditions of Approval and Development Standards will ensure that this use is compatible with surrounding land uses. D. Section 23-2-220.A.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 indicating a conflict with their interests. 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 23-2-220.A.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 Road Impact Program. (Ordinance 2002-11) F. Section 23-2-220.A.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 USDA Prime Farmlands Map of Weld County. G. Section 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) Bible Baptist Church USR-1487 3 2. Prior to recording the plat: A. Every sheet of the plat shall be labeled USR-1487. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 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. (Department of Public Works) 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. (Department of Planning Services) 4. Due to the residential character of the area. The proposed church sign shall conform to the 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. (Department of Planning Services) 5. The label "CHRISTIAN ED." shall be removed from the existing outbuilding as indicated on the site plan. (Department of Planning Services) 6. An overflow parking area shall be indicated on the plat to be used in the case of special events. (Department of Planning Services) 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. (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. (Department of Planning Services) 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. (Department of Planning Services) 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. (Department of Planning Services) Bible Baptist Church USR-1487 4 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 USR plat. (Department of Planning Services) H. The applicant shall attempt to address the requirements/concerns of the Boulder County Land Use Department as stated in their e-mail received October 14, 2004. Written evidence of such shall be provided to the Department of Planning Services. (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. (Department of Planning Services) 3. Upon completion of 1. and 2. 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 Department of Planning Services' Staff. 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. (Department of Planning Services) 4. The Department of Planning Services respectively 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. (Department of Planning Services) 5. 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. (Department of Public Health and Environment) 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. (Mountain View Fire Protection District) C. The applicant shall address the requirements of the Department of Building Inspection as stated in their referral dated September 8, 2004. (Department of Building Inspection) 6. Prior to Construction: Bible Baptist Church USR-1487 5 A. Roads must have a surface that provides all-weather driving capabilities at the time renovation/construction begins. (Mountain View Fire Protection District) 7. 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. (Mountain View Fire Protection District) 8. Prior to Operation: A. The proposed new and improved access point 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. (Department of Public Works) 9. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Bible Baptist Church USR-1487 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Bible Baptist Church USR-1487 1. The Site Specific Development Plan and Special Use Permit 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. (Department of Planning Services) 2. Approval of this plan may create a vested property•right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment) 4. 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, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 5. 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. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 8. Adequate toilet facilities shall be provided for the public. (Department of Public Health and Environment) 9. The facility shall utilize the existing public water supply (Left Hand Water District). (Department of Public Health and Environment) 10. Adequate toilet and handwashing facilities shall be provided for employees and congregation members. Department of Public Health and Environment) 11. The installation of any new septic system shall comply with the Weld County I.S.D.S. flood plain policy. (Department of Public Health and Environment) 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 13. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) Bible Baptist Church USR-1487 7 14. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. Apparatus roads shall be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds). (Mountain View Fire Protection District) 18. The proposed access point 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 (Department of Public Works) 19. 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. (Department of Public Works) 20. 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. (Department of Public Works) 21. The existing driveway shall be restricted to emergency/maintenance vehicle access only. The existing access point should be gated and kept closed. (Department of Public Works) 22. A building permit shall be obtained prior to the construction of any new building or the addition and/or remodel of any existing building. (Department of Building Inspection) 23. The congregation shall be limited to a maximum of 75 people as stated in the application materials. (Department of Planning Services) 24. 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. (Department of Planning Services) 25. Office hours shall be 8:00 A.M. to 5:00 P.M. Monday-Friday as stated in the application materials. (Department of Planning Services) 26. Worship services and special services shall end at no later than 10 P.M. (Department of Planning Services) • 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 29. 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. 30. The 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 Bible Baptist Church USR-1487 8 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. 31. 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. Bible Baptist Church USR-1487 9 r DEPARTMENT PLANNING SERVICES PHONE (9(970)353-6100, EXT.3540 FAX (970)304-6498 ' 918 10'° STREET WI`D c GREELEY, COLORADO 80631 COLORADO August 20,2004 Bible Baptist Church c/o Bley Associates 5312 W 9m St Dr Greeley CO 80634 Subject: USR-1487- Request for a Site Specific Development Plan and Special Review Permit for a church in the A(agricultural)zone district on a parcel of land described as Lot B of RE-1500;part of the SW4 of Section 6,T1 N, R68W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for October 19, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room,Southwest Weld County Planning Department,4209 CR 24-1/2,Longmont,Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Erie Planning Commission for their review and comments. Please call Erie at(303)926-2700 for further details regarding the date,time,and place of this meeting. It is recommended that you and/or a representative be in attendance at the Erie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner • fit, - . • •.4 ' I "` • :rvrietiii: y. Kea, • r - - �?S'•' • ., L..• Qi . � ; )• _ . •' • Z Mme' Y' tam •, �� '47 :9t ��.Im, . �rny'f n.e,•. , . , : .:.:,........s.:' ,..;;;: ,.rat,;.(toC j..“-.•v '< ! - `.*,.7r�''S1a " 't�" art"ti, ...• -,a • L . . !i M-- r __ - -. • L .- - - •( }' -_ -- _ ...' -.< - l •1 1. • + . allEINIMMIIMa 1 _ - - it!. 'uric_. -:a. i-ri I' TS '..r ' 1"i - - - " ' _ sta_ ,. . _ _ . . . 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T" 4 . � . :5,. -.1:" ...-,, ,' .7: • , • / . . 1.. 4 . . • j r _ a 4. .I .- • . . C• . • • _ ,_ . .L, 1 i:e. 3- , f %- ' . 4 - rZY 4r.Rt .+•' r _ 'e3ftv�4 ifFf e. +:: :75 _ I. r i R c X1 1 �.8 tT` -\ J R Y I . . 1 �- a �/dh1�i^ ee �{�'.6 j'�rYM': ° , ( 4AY,� ��.'�/. }/ � .IC,� C...«-�[1• I Cf 4,t •� . ._ .�� .11 'r'y t.“1"."::•.* i �1. .'� \s.a0 ' �i �u6L!! "J Ilk I ry • sc3 ...: • p 1 • ''J.• � •' ..2'f 11, le • ? ., ♦.i • • .� • ' % • • • • JM!C'.t.• set ti *. 04, f if . ' • '1 Ki4` •T / 4 V ♦ N r : :1 4 1_ •K A .: v t E ' S' ,,. . ,.._ t l. . . Reid ' c- T �. .A t. • • ti;.. -- . ttiteCraiiil ;� ti .u. ir3' 1 N• . • . .- _ — a ra • , . : a r♦ ._. 1 .:-. r -' - ss FIELD CHECK inspection date: September 20, 2004 CASE NUMBER: USR 1487 APPLICANT: Bible Baptist Church LEGAL DESC: Lot B of RE-1500; Part of the SW4 of Section 6, Township 1 North, Range 68 West of the 6th PM, Weld County, CO LOCATION: West of and adjacent to County Road 1; Approximately 1/2 mile south of Highway 52. Zoning Land Use N A (Agricultural) N Single Family Residences E A (Agricultural) E Single Family Residence S A (Agricultural) S Vacant Land W A (Agricultural) W Single Family residence Single-family residence and 2 outbuildings located on the property. Residence currently shares access road at north end of property with 3 other residences. Cliu Chris Gathman Planner II, AICP Hello