HomeMy WebLinkAbout992559.tiff HEARING CERTIFICATION
DOCKET NO. 99-56
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1217 FOR A
CHURCH IN THE A (AGRICULTURAL) ZONE DISTRICT - FAITH TABERNACLE
CHURCH, CIO DANNY PERDEW
A public hearing was conducted on October 13, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tern - EXCUSED
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated August 25, 1999, and duly published August 28,
1999, in the Fort Lupton Press, a public hearing was conducted on September 8, 1999, to consider
the request of Faith Tabernacle Church, c/o Danny Perdew for a Site Specific Development Plan
and Special Review Permit#1217 for a Church in the A(Agricultural)Zone District. At said hearing
on September 8, 1999, the Board deemed it advisable to continue said matter to October 13, 1999,
at 10:00 a.m. to allow the applicant adequate time to resolve issues regarding the Boomerang
Lateral Ditch located on the property. At said hearing on October 13, 1999, Lee Morrison,
Assistant County Attorney, made this a matter of record. Kim Ogle, 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. Mr. Ogle stated this application is for a new
Church sanctuary to be located on 8.55 acres in the Peterson-Alexander Subdivision. He stated
currently there are no improvements on the site, and gave a brief description of the surrounding
uses. Mr. Ogle stated four of the eight referrals sent responded with comments, and two letters
of concern have been submitted by surrounding property owners regarding possible impacts to the
local ditches. He further stated Condition of Approval#3.n requires the applicant to enter into an
agreement with the parties receiving water from the Boomerang Lateral Ditch; however, this
Condition has not been met. Mr. Ogle stated the site will receive water service from the City of
Greeley; septic systems will be used until public sewer service becomes available; the site will be
accessed from 71st Avenue on the west and 28th Street on the south; the proposal is consistent
with the City of Greeley's Comprehensive Plan; it is located within an Urban Growth Boundary area;
and it is consistent with the R-1 (Low Density)Zone District, as well as surrounding uses and future
development. Mr. Ogle submitted a recommended change to Condition of Approval #3.k of the
Planning Commission resolution, marked Exhibit M, as well as various letters of correspondence,
marked Exhibits K, L, N, a and P. In response to Chair Hall and Commissioner Geile, Mr. Ogle
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stated city sewer is approximately one mile away;the applicant will be required to use VVeld County
construction standards; and the City of Greeley is providing water with various conditions at each
phase of the development. In response to Commissioner Baxter, Mr. Ogle stated Condition of
Approval #6 requires the applicant to connect to public sewer when it becomes available.
Danny Perdew, Pastor of Faith Tabernacle Church, stated the main concern expressed by
surrounding property owners is the redirection of the Boomerang Lateral Ditch through an
engineered irrigation pipe. Pastor Perdew submitted photographs of the existing ditch, marked
Exhibit Q, and stated the irrigation pipe will improve the capability to deliver water. In response to
Chair Hall, Pastor Perdew stated the church will guarantee the irrigation system for two years;
however, the ditch owners want a second engineer to review the system, a cost to be paid by the
church, and this has been a barrier in coming to an agreement. He stated a water attorney
indicated there will still be easements to allow for maintenance and following the two-year period,
the ditch owners will be responsible for maintenance. In response to Chair Hall, Mr. Morrison
stated the agreement should be with the people receiving the water, and added this is a lateral off
the main ditch owned by Gary and Teresa Weiderspon and David and Shannon Urano, who have
the right to receive water from the main ditch. Mr. Morrison further stated this permit does not
require an agreement with the main ditch company. In response to Commissioner Baxter, Mr.
Morrison stated Condition of Approval#2.n of the Draft Resolution is worded so the Board can get
involved if an agreement cannot be reached. In response to Commissioner Baxter, Pastor Perdew
stated the current ditch consists of open dirt construction, which is located where the parking lot
is proposed, and he added the church has hired an engineer to reroute the ditch through a pipe,
which will provide the same amount of water with an unrestricted flow. Pastor Perdew referred to
a letter from the ditch owners dated September 13, 1999, regarding the dates available for
meeting; however, he received it on September 16, 1999, after the available dates had passed.
In response to Chair Hall, Pastor Perdew stated he understands all improvements must be built to
City of Greeley standards once it is annexed. Mr. Ogle stated the City of Greeley enforces the
same building code as Weld County and the Conditions of Approval require the landscaping and
various other issues be reviewed by the City of Greeley.
In response to Chair Hall, Pastor Perdew stated he and the church board have reviewed and agree
with the Conditions of Approval and Development Standards. Pastor Perdew stated shrubs and the
required amount of trees will be planted along the property boundary to provide privacy to the
surrounding property owners, and the proposed Condition of Approval #3.k requiring 63 parking
spaces with curb, gutter and stripe is acceptable. In response to Commissioner Geile, Pastor
Perdew stated in anticipation of future growth,the first phase will be a 14,200 square foot sanctuary
with rooms for classes; and Phase Two will provide an additional 14,000 square foot sanctuary, a
parsonage, and family center. In response to Commissioner Geile Mr. Ogle stated this permit is
for entire the site and it will not come back before the board at each phase because the
Development Standards address both phases. Pastor Perdew stated Phase Two could potentially
house more than 2D0 people and the sanctuary in Phase One will seat 150 people for a total of
400 to 500 people. Chair Hall stated the septic system will need to be designed to handle the
potential of 500 people assuming this property is never annexed. Trevor Jiricek, Department of
Public Health and Environment, stated there is no room for a second septic system on the site and
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the current system is not adequate for 400 to 500 people. Commissioner Baxter stated Phase Two
could be conditional upon hooking to city sewer and Mr. Jiricek agreed that would solve the
problem. Monica Mika, Director of Planning Services, stated staff can determine whether
substantial changes have been made at Phase Two and readdress these issues at that time.
Pastor Perdew stared he has no concerns with the proposed changes to the Conditions of
Approval.
Gary Weiderspon, surrounding property owner, stated the number one gate of the Boomerang
Lateral Ditch has existed since the year 1900 and he currently owns rights to the ditch. Mr.
Weiderspon stated he does not want an irrigation pipe that has the potential of increasing
maintenance and repair costs. He explained the ditch owners met with the Greeley and Loveland
Irrigation Company to determine their rights as ditch owners. They have been informed that it is
not unreasonable to request a second review of the design. Mr. Weiderspon stated there are
eleven points of concern regarding issues of ditch design and flow which still need to be addressed
and added that because Condition of Approval #2.n of the draft resolution has not been met, the
application should not be approved. He stated the proposed screening is not adequate and may
pose problems with the irrigation pipe if roots disturb the system. He expressed concern with
increased traffic on 28th Street,which is currently used for recreational activities; requested access
be limited to 71st Avenue; and stated the septic may not be adequate. Mr. Weiderspon stated he
is not opposed to the proposed use; however, he wants to ensure the development is done right
so there are not problems in the future.
David Urano, surrounding property owner, stated the points of the agreement are based on
conditions typically requested by the Greeley and Loveland Irrigation Company. Mr. Urano
reviewed the items which need to be addressed regarding maintenance of the ditch, and stated the
Landscaping Plan needs to be modified so roots do not interfere with the irrigation pipe. Mr. Urano
stated that although Mr. Cope is an engineer, he is not an irrigation engineer, and it would be
beneficial to have the system reviewed by a specialized engineer. He also expressed concern that
he has not had the opportunity to meet with the church board, which has the ultimate say regarding
approval of the agreement. In response to Commissioner Geile, Mr. Urano stated the water is used
to irrigate his five acres of pasture. Commissioner Baxter referred to a letter from Ken Lawrence,
marked Exhibit N, and Mr. Urano stated he and the other ditch owners have not had an opportunity
to discuss whether his points are sufficient. In response to Commissioner Geile, Mr. Urano stated
he has two rights of water per day.
Teresa Weiderspor., surrounding property owner, stated they are requesting additional review of
the ditch to ensure the proposed pipe will be adequate. She stated the Greeley-Loveland Ditch
Company representative indicated their questions and concerns are reasonable and should be
answered. Ms. Weiderspon reiterated the landscaping along the property line needs to be clear
of the irrigation pipe, access should be limited to 71st Avenue rather than 28th Street; and the ditch
serves their 20 acres of alfalfa and grass. She expressed concern with the proposed drainage
pond at the northeastern corner of the property which may cause damage to the surrounding
properties, as well as decreased property values. Ms. Weiderspon requested the Board deny this
request until an agreement has been signed. Chair Hall stated the Conditions of Approval already
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require the applicant to address her concerns. Ms.Weiderspon stated any costs incurred in having
the new irrigation design reviewed should be paid by the applicant.
Upon rebuttal Pastor Perdew stated the church and engineer have agreed to complete liability for
all maintenance of the ditch for two years. He stated the engineer has addressed all of the
concerns and technical details; however, the ditch owners do not feel his answers are adequate.
He further stated pollution is not an issue because they live adjacent to Highway 34, which causes
much more pollution than limited meetings held at the church. Pastor Perdew stated the selected
shrubs are shallow rooted and should not reach the pipe; the pipe is underground, so it will not be
exposed to the elements; and the pipe is constructed of PVC with a cement case. Pastor Perdew
explained he does have authority to act on behalf of the church; however, he chose not to speak
on behalf of the entire church at private meetings regarding issues that needed further discussion,
and he added the present ditch is not well maintained and the proposed pipe will be an
improvement. Chat Hall stated review of the design does not mean the plan will be redesigned,
because it may show that it is well constructed. Pastor Perdew stated Mr. Cope is a professional
engineer and has answered the questions, which the ditch owners may not have understood, but
that does not mean he did not answer their questions. Mr. Morrison suggested scheduling a review
hearing. He stated the Board can act on the entire permit and review a single issue, or continue
the entire issue to a later date. Pastor Perdew stated he would like to have the foundation
constructed before winter and requested the permit be acted on today. Chair Hall stated the
Drainage Plan has to be approved by the Department of Planning Services, which includes the
drainage pond, anc apparently the only unaddressed issue is whether the access will be limited.
Pastor Perdew explained the State approved the second access for safety reasons because it will
divert traffic in more directions. Chair Hall stated he has no concerns with allowing two accesses.
In response to Chair Hall, Pastor Perdew stated grass will be planted over the pipe with the shrubs
along the west edge of the grass. Chair Hall expressed concern that ten feet does not allow
enough room for tree roots. Mr. Morrison stated the Board can direct staff to ensure the
Landscaping Plan addresses the type of vegetation allowed along the pipe. Commissioner Vaad
commented he would prefer to act on the application today and have Condition of Approval #2.n
come back before the Board to determine whether an agreement has been signed or at least an
adequate attempt has been made. He also commented the word "unimpeded" in Condition of
Approval #2.n should be replaced with "uninhibited." Commissioner Vaad further stated the
submitted Condition of Approval #3.k will be #2.k of the draft resolution. Mr. Ogle requested
Condition of Approval #2.p be added to state, "The applicant shall delineate in writing the
parameters of Phase One and Phase Two activities," and add a new Development Standard #18
to state, "At such time the applicant, or future applicant applies for a building permit for any
structure in Phase Two, or the use exceeds 200 users at any one time on the site, then the
Departments of Planning Services, Public Health and Environment, and Public Works will review
the Conditions of Approval and Development Standards for the case to determine compliance.
Weld County staff will review the Phase Two application for usability of the site and functionality.
A change of use will constitute a substantial change to Use by Special Review Permit#1217." Mr.
Ogle further requested Condition of Approval#5 be amended to state, "Should the possibility of the
City of Greeley sewer become available sometime in the future, the Weld County Department of
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Public Health and Environment will recommend that Faith Tabernacle consider constructing the
appropriate sewer ines and build in this option prior to constructing the new structures. All
structures shall connect to the City of Greeley sanitation sewer system when it is within 400 feet
of the property if the City of Greeley allows them to connect to their system." In response to Chair
Hall, Pastor Perdew stated he agrees with all proposed changes. Commissioner Vaad commented
Condition of Approval#2.n will not need to come back to the Board if there is a signed agreement.
Commissioner Vaacl moved to approve the request of Faith Tabernacle Church, c/o Danny Perdew
for a Site Specific Development Plan and Special Review Permit #1217 for a Church in the A
(Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning
Commission, with tie Conditions of Approval and Development Standards as entered into the
record; amend the draft resolution by replacing the word"unimpeded" in Condition of Approval#2.n
with"uninhibited,"amend Condition#2.k to state, "The applicant is indicating that 150 to 200 people
will utilize this site. The plan shall delineate sixty-three (63) parking spaces available for Phase
One. The Weld County Departments of Public Works and Planning Services state that this is an
adequate number of parking spaces for Phase One. The Department of Public Works requires the
parking lot, apron, access and internal circulation be paved and that the parking areas include curb
and gutter and be sl:riped;" add Condition of Approval #2.p to state, "The applicant shall delineate
in writing the parameters of Phase One and Phase Two activities;" add a new Development
Standard#18 to state, "At such time the applicant, or future applicant applies for a building permit
for any structure in Phase Two, or the use exceeds 200 users at any one time on the site, then the
Weld County Departments of Planning Services, Public Health and Environment, and Public Works
will review the Conditions of Approval and Development Standards for the case to determine
compliance. Weld County staff will review the Phase Two application for usability of the site and
functionality. A change of use will constitute a substantial change to Use by Special Review Permit
#1217;" amend Condition of Approval #5 to state, "Should the possibility of City of Greeley sewer
become available sometime in the future, the Weld County Department of Public Health and
Environment will recommend that Faith Tabernacle consider constructing the appropriate sewer
lines and build in this option prior to constructing the new structures. All structures shall connect
to the City of Greeley sanitation sewer system when it is within 400 feet of the property if the City
of Greeley allows them to connect to its system;" and renumber the remaining Conditions of
Approval and Development Standards. The motion was seconded by Commissioner Baxter, and
it carried unanimously.
Following discussion regarding a date to consider Condition of Approval#2.n, Mr. Urano stated two
weeks would be sufficient to hire an engineer to review the proposal. Chair Hall stated the
agreement should not require the review be done before signing. Commissioner Baxter moved to
review Condition of Approval #2.n on October 25, 1999, at 9:00 a.m. He stated if an agreement
has been signed, this matter will not need to come before the Board. Commissioner Vaad
seconded the moticn, which carried unanimously.
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This Certification was approved on the 18th day of October, 1999.
APPROVED:
ATTEST: ( A I ,1 ` IE L���OARD OF COUNTY COMMISSIONERS
9� D COUNTY, CO •RADO
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Weld County Clerk to the B : O Qc9
I�U
4 Ire K. Hall, Chair
BY: ws .C •
Deputy Clerk to the Board. Jyllmi/At CUSED
N 'Barbar . Kirkmeyer, Pro-Tem
TAPE #99-32 / 9
eorge axter
DOCKET#99-56
G ile
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Glenn Vaad c— •
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1217 - FAITH TABERNACLE CHURCH, % DANNY PERDEW
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Memorandum requesting continuance
F. David Siple, Patina Oil and Gas Corp. Letter (E-mail) of concern
G. David and Shannon Urano and
Gary and Teresa Weiderspon Letter re: Meeting at Aims (09/13/99)
H. Applicant Letter to Uranos re: Meeting at Aims
(09/21/99)
Applicant Letter to Weiderspons re: Meeting at Aims
(09/21/99)
J. Public Works Staff Referral with Comments re: Traffic Impact
Analysis and Drainage Report
K. Weiderspon/Urano Letter of Concern
L. Greeley and Loveland Irrigation Co. Letter to Gary Weiderspon
M. Planning Staff Memorandum re: Amended CA#3.K
N. Lind, Lawrence, and Ottenhoff LLP Letter re: Proposed Irrigation System
O. Weiderspon/Urano Letter of Concern
P. Applicant Letter to Weiderspon/Urano re: Meeting at
Aims
Q. Applicant Photographs (7)
R. Planning Staff Memorandum re: Amendments to
Conditions of Approval
S.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 13TH DAY OF OCTOBER, 1999:
DOCKET#99-56 - FAITH TABERNACLE CHURCH, C/O DANNY PERDEW
PLEASE legibly write or print your name and complete address and the DOCKET#
(as listed above) o-the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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