HomeMy WebLinkAbout20032703.tiff CORRECTED RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1429 FOR A CHURCH, CHILD CARE CENTER AND PRIVATE SCHOOL IN
THE A (AGRICULTURAL) ZONE DISTRICT - DAVID AND ANNITA ALVAREZ, DBA
BETHEL FAMILY PRAISE CENTER
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
October, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of David and Annita Alvarez,dba Bethel Family Praise Center,820 Ponderosa Place,
Eaton, Colorado 80615, for a Site Specific Development Plan and Use by Special Review
Permit#1429 for a Church,Child Care Center and Private School in the A(Agricultural)Zone District
on the following described real estate, to-wit:
Lot A of Recorded Exemption#3025; being part of the
NE1/4 of the NE1/4 of Section 29,Township 7 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicant was present 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.
B. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.E.1 of the Weld County Code
provides fora church as a Use by Special Review in the A(Agricultural)Zone
District. Section 23-3-40.E.2 of the Weld County Code provides for a private
school as a Use by Special Review in the A (Agricultural) Zone District.
Section 23-3-40.S of the Weld County Code provides for a child care center
as a Use by Special Review in the A (Agricultural) Zone District.
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AIW, hca, HtCe
SPECIAL REVIEW PERMIT #1429 - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY
PRAISE CENTER
PAGE 2
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding properties to the north,
south, and west are agricultural. Proposed landscaping shall mitigate the
impact to the residence to the east.
D. Section 23-2-230.6.4--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 subject
property lies within the three-mile referral area of the Town of Ault and the
Town of Eaton. Both municipalities stated in their referrals received May20,
2003, and May 16, 2003, that they had no conflicts with the request.
E. Section 23-2-230.6.5 -- The site does not lie within any Overlay District.
Building Permits issued on the Lot will be required to adhere to the fee
structure of County-Wide Road Impact Program, Area 1.
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 subject site is designated"Prime Irrigated Farmlands of National
Importance"by the USDA Soil Conservation Services. The small size of the
lot (4.14 acres) severely limits its agricultural value.
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 David and Annita Alvarez,dba Bethel Family Praise Center
for a Site Specific Development Plan and Use by Special Review Permit#1429 for a Church Child
Care Center and Private School 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:
A. The plat shall be labeled USR-1429.
B. The plat shall meet all the requirements of Section 23-2-260.D of the Weld
County Code.
C. The applicant shall submit a Screening/Landscape Plan for review and
approval which includes the following information:
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SPECIAL REVIEW PERMIT #1429 - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY
PRAISE CENTER
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1) The applicant shall demonstrate how the proposed plant material will
be irrigated.
2) The applicant shall delineate on-site lighting, including security
lighting, if applicable.
3) The applicant shall delineate the location of any proposed and
existing plant material. Existing shall be delineated as a circle with
a dot in the middle,proposed shall be delineated as a circle with a"+"
in the middle.
4) The Landscape Plan shall indicate a site for trash collection that is
sufficiently screened from adjacent public rights-of-way and adjacent
properties. These areas shall be designed and used in a manner
that will prevent wind or animal scattered trash.
5) The specific location of the native seed mix shall be delineated on the
Landscape Plan.
D. Weld County Road 78 is designated on the Road Capital Improvement Plan
in the County-Wide Impact Fee Code Ordinance,Section 20-1-30 as a local
gravel road,which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld
County Road 78 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
E. Weld County Road 41 is designated on the Road Capital Improvement Plan
in the County-Wide Impact Fee Code Ordinance,Section 20-1-30,as a local
gravel road,which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld
County Road 41 shall be delineated as right-of-way on the plat. This road is
maintained by Weld County.
F. The main church building and buildings associated with this facility shall
adhere to Appendix 23-B of the Weld County Code. The number of off-street
parking spaces required for this facility at full build-out is 110 spaces. At a
minimum, fourteen (14) spaces are required.
G. The applicant shall address and adhere to the American with Disabilities Act
(ADA)standards for this facility at all times. Non-ambulatory/Ambulatory
parking spaces shall be identified and shown on the plat. This site will be
required to meet all ADA requirements. At least one space must be van
accessible. The parking spaces must be the closest possible to the
entrance. Signing will be required. Curb cuts, ramps and other methods of
providing accessibility shall be required to reasonably attempt to meet the
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SPECIAL REVIEW PERMIT#1429 - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY
PRAISE CENTER
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requirements of this Act. Should the Church elect to not adhere to the
previously discussed Federal Standards, the Department of Public Works
requests that the Church outline how its proposed site design mitigates the
ADA requirements.
H. The applicant shall indicate, on the plat, access points that are 30 feet in
width to accommodate two-way traffic with adequate turning radiuses and
Stop signs. Written evidence of Weld County Department of Public Works
approval shall be submitted to the Weld County Department of Planning
Services.
The off-street parking spaces,including the access drives,shall be surfaced
with gravel, asphalt, concrete, or the equivalent, and shall be graded to
prevent drainage problems.
J. The internal circulation within the site is unclear. Future drawings shall
delineate the proposed circulation pattern.
K. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
L. The applicant identified a stone fence bordering the property. The height of
the fence may cause a sight distance problem at the intersection of Weld
County Roads 78 and 41. A detailed drawing of the intersection shall be
submitted to the Department of Public Works showing adequate sight
distance utilizing the line-of-sight for on-coming traffic. Written evidence of
approval by the Department of Public Works shall be submitted to the
Department of Planning Services.
M. The applicant shall delineate the location of all the parking spaces which shall
be equipped with wheel guards or curb stops where needed to prevent
vehicles from extending beyond the boundaries of the spaces and from
coming into contact with other vehicles, walls, fences, or plantings.
N. The applicant shall 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 Use By Special Review plat.
O. The applicant shall attempt to address the requirements or concerns of the
Eaton Fire Protection District, as stated in the referral response dated
June 9, 2003. Evidence of such shall be submitted in writing to the Weld
County Department of Planning Services.
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PRAISE CENTER
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P. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The approved Landscape/Screening Plan.
Q. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to construction:
A. The applicant shall comply with all Department of Building Inspection
requirements as listed in the referral dated June 4, 2003.
B. The applicant shall provide evidence to the Department of Planning Services
that the Septic Permit process has been initiated, including the initiation of
the Site Application process should the system be subject to the Colorado
Regulations for the Site Application Process (5 CCR 1002-22).
3. Prior to issuance of the Certificate of Occupancy:
A. The septic system is required to be designed by a Colorado registered
professional engineer according to the Weld County Individual Sewage
Disposal System (I. S. D. S.)Regulations.
B. The septic system must be installed in accordance with the Weld County
I. S. D.S. Regulations and the Colorado Regulations for the site application
process, if applicable.
C. The applicant shall apply dust suppression chemical (magnesium chloride
or calcium chloride)in three locations in front of the homes on Weld County
Road 78 for approximately 300 feet; twice a year as directed by the
Department of Public Works. The first application is after issuance of the
Certificate of Occupancy.
4. Upon completion of Condition of Approval #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
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.
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SPECIAL REVIEW PERMIT #1429 - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY
PRAISE CENTER
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5. 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(a)co.weld.co.us.
6. 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 October, A.D., 2003.
BO OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: ate,, ` La`�
` ;• D 'd . Lon Chair
Weld County Clerk to R '• s"y► -,
O %V
'i- 7 Ro ert asden, Pro-Tem
Deputy Clerk to the �•`(f ���
M. J. eile
APPROVED AS TO F .
EXCUSED
WH�. Jere
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Glenn Vaad
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Date of signature: %
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY PRAISE CENTER
USR #1429
1. The Site Specific Development Plan and Use By Special Review Permit is for a Church,
Chid Care Center and Private School 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. 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, Section 30-20-100.5, C.R.S.
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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. 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.
8. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
9. The facility shall utilize the existing public water supply.
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. The applicant shall comply with the General Rules for Child Care Facilities issued by the
Colorado Department of Human Resources, Division of Child Care.
12. The historical flow patterns and run-off amounts will be maintained on site in such a manner
that will reasonably preserve the natural character of the area and not prevent property
damage of the type generally attributed to run-off rate and velocity increases,diversions,
concentration and/or unplanned ponding of storm run-off.
13. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan.
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DEVELOPMENT STANDARDS - DAVID AND ANNITA ALVAREZ DBA BETHEL FAMILY PRAISE
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14. On-site lighting,including security lighting, if applicable,shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties.
15. A Building Permit shall be obtained prior to the construction of any new building. The type
of construction, fire-resistive protection, building size and height and occupancy
classifications will be reviewed when the plans and specifications are submitted.
16. A Plan Review is required for each building. Plans shall bear the wet stamp of a Colorado
registered architect or engineer. Two complete sets of plans are required when applying
for the permit.
17. Buildings shall conform to the requirements of the codes in effect at the time of permit
application. The current adopted codes are: 1997 Uniform Building Code; 1998 International
Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code and
Chapter 29 of the Weld County Code.
18. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed bya Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
19. Buildings shall meet the accessibility requirements of Chapter 11 of the Uniform Building
Code and CABO/ANSI A117.1-1992.
20. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation
of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B
and Chapter 3. Setback and offset distances shall be determined by Chapter 23 of the Weld
County Code.
21. Building height shall be measured in accordance with the 1997 Uniform Building Code for
the purpose of determining the maximum building size and height for the occupancy and
type of construction and to determine compliance with the bulk requirements from
Chapter 27 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured from the farthest
projection of the building to the property line.
22. Hours of operation for child care center shall be from 6:30 a.m. to 6:30 p.m., Monday thru
Saturday; 9:00 a.m. to 9:00 p.m. on Sunday; with extended hours on Wednesday to
9:00 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.
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25. Weld County Government Personnel 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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