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HomeMy WebLinkAbout20030296.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by James Rohn, along with the new language in Development Standard #3, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: AmUSR-794 APPLICANT: Galeton Community Church do Dennie Egge PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lots 7, 8, & 9, Block 18, 1st Addition, Zita (Galeton); being part of the SE4 SE4 NE4 of Section 6, T6N, R64W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Special Review Permit for a church in the A (Agricultural)Zone District. LOCATION: North of and adjacent to Second Street and east of and adjacent to Grandview Ave. be recommended favorably to the Board of County Commissioners for the following reasons: 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 Planning Commission 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 22-2-110.6.1 (Unincorporated community Goal 2) states "Maintain the rural character of these settlements." Further Section 22-2-110.C.1 states "Accommodate new development primarily through infill of existing vacant platted lots." The Church facility,which has been located at this site for 74 years, is expanding onto a lot that contained an uninhabitable house. B. Section 23-2-220.A.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 for a church as a Use by Special Review in the A(Agricultural)Zone District. C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing surrounding land uses. The church has existed on the site for many years. As is common with many of the surrounding structures, the existing church does not meet the required setbacks from the road right-of-way. The applicants have requested a variance from the standard setback for the proposed addition. Should the Planning Commission choose to recommend that the Board of County Commissioners grant this variance, a Development Standard must be included. 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 subject property does not lie within a three-mile referral area for any municipality, therefore it is not impacted by any adopted Master Plans of affected municipalities. (J. EXHIBIT 2003-0296 l`7 6,1t.SP 4'114 1 Resolution AmUSR-794 Galeton Church Page 2 E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. Building Permits issued on the lot will be required to adhere to the fee structure of County Wide Road Impact Program area 2. 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 size and location of the property extremely limit its agricultural value. 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 Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be labeled AMUSR-794. (Department of Planning Services) B. The applicant shall submit a Screening/Landscape Plan which includes the following information: 1) A plant material list and graphic that delineates the existing and proposed plant material. 2) A selection of ground cover including decorative rock, mulch, or other landscape material proposed for the ground plane. 3) A site for a trash collection and propane tanks that is sufficiently screened from adjacent public rights-of-way and adjacent properties. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The existing onsite signage. (Department of Planning Services) 3) Parking shall be amended to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty(20)feet by eight(8)feet with five(5)foot aisles. A minimum of one space must be van accessible with an eight(8)foot aisle. An accessible path shall be required from the building to the public right-of-way. Should the Galeton Community Church elect to not adhere to the previously discussed Federal Standards,this office requests that the Church outline how their proposed site design mitigates the requirements of the American's with Disabilities Act. (Department of Planning Services) 4) Any existing sewer man holes or water valves within the alleyway. (Department of Planning Services) I Resolution AmUSR-794 Galeton Church Page 3 D. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all transportation items (alley pavement, parking areas in recycled asphalt, curb or wheel blocks, etcetera) and non- transportation items(plant materials,fencing,screening,signage,etcetera). 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. E. 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) 2. Prior to construction: A. The applicant shall comply with all Department of Building Inspection requirements as listed in the referral dated December 10, 2002. (Building Inspection) 3. Prior to operation: A. Any existing sewer man holes or water valves located in the alley way shall be brought to the new proposed finished grade. (Departments of Planning Services and Public Works) B. The appropriate one-way signage shall be posted. (Department of Public Works) 4. Upon completion of 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 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) 5. 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 mapsco.weld.co.us. (Department of Planning Services) 6. 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) I I SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Galeton Community Church AMUSR-794 1. The Site Specific Development Plan and Special Use Permit is for 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. The proposed building shall maintain a setback from second street which is equal to or greater than the setback of the existing church. (Department of Planning Services) 4. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 5. On-site lighting,including security lighting if applicable shall maintain compliance with Section 23-2- 250.D.1 of the Weld County Code. (Department of Planning Services) 6. All I iquid a nd solid wastes (as d efined i n the S olid W astes D isposal S ites and F acilities A ct, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. 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., as amended. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment) 11. The facility shall utilize the existing municipal sewage treatment system. (Department of Public Health and Environment) 12. The facility shall utilize the existing public water supply. (Department of Public Health and Environment) 13. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 14. If applicable,the applicant shall obtain a stormwaterdischarge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) 1 Resolution AmUSR-794 ^ Galeton Church Page 2 16. All off-street parking will be surfaced in recycled asphalt base with curb or wheel blocks. ADA parking spaces shall have a paved surface. (Departments of Public Works and Planning Services) 17. Storm water run-off shall discharge into the existing Galeton Sanitation Districts storm drainage facility. (Department of Public Works) 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 20. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time i n order t o ensure the a ctivities carried out o n the property comply with the Development Standards stated herein and all applicable Weld County regulations. 21. 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 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. 22. 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. Motion seconded by Stephen Mokray VOTE: For Passage Against Passage Absent Fred Walker Michael Miller John Folsom Cathy Clamp Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Bernard Ruesgen The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on January 7, 2003. Dated the 7th of January, 2003. `\.)IV/UP—LAM Ce. 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