HomeMy WebLinkAbout20210869.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR20-0033, FOR A CHILD CARE CENTER AND ASSOCIATED SIGNAGE
EXCEEDING THE WELD COUNTY SIGN CODE STANDARDS OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - FAITH LUTHERAN CHURCH OF EATON
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 31st day of
March, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Faith Lutheran Church of Eaton, 36980 County Road 37, Eaton, Colorado
80615, for a Site Specific Development Plan and Use by Special Review Permit, USR20-0033,
for a Child Care Center and associated signage exceeding the Weld County Sign Code standards
outside of subdivisions and historic townsites in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Part of the NW1/4 of Section 31, Township 7 North,
Range 65 West of the 6th P.M., West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Dick Leffler, 456 Kathryn
Drive, Loveland, Colorado 80537, 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 recommendation 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. The applicant has demonstrated that the request is in conformance 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
Weld County Comprehensive Plan and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.6 states: "Respecting Private Property Rights. One
of the basic principles upon which the United States of America was
founded is the right of citizens to own and utilized property so long
as that use complies with local regulations and does not interfere
with or infringe upon the rights of others." The proposed application
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respects private property rights by allowing an existing Use and
existing structure to be utilized in a way that better supports the
needs of the community, by providing expanded operating
parameters to a daycare service. The existing site activities, being
the church and preschool, have successfully co -existed with the
surrounding properties for several decades. This request complies
with County Regulations and does not negatively impact
surrounding land uses.
2) Section 22-2-30.C.6 of the Weld County Code states: "Encourage
the preservation, restoration and reuse of historical structures and
landmarks." The existing brick, one-story plus basement,
parsonage building, constructed in 1970, has been utilized on and
off as a residence and now for a preschool, mutually functioning
with the on -site church. The reuse of the parsonage building for the
preschool, as well as the increase in number of children, allows for
an existing structure to be fully utilized, rather than constructing a
new building or relocating the preschool.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses." This
Code section, in essence, supports the proposed USR, as this
existing operation is controlled and does not interfere with
agricultural activities or other Use by Right activities.
2) Section 23-3-40.D — Uses by Special Review, includes: "Child Care
Centers." This Code section allows the applicant to apply for the
subject USR for a Child Care Center in the A (Agricultural) Zone
District. Child Care Centers are facilities used for the care of five (5)
of more children who are 18 years of age or younger, not related to
the facility owner, operator or manager. Uses by Special Review
are activities that have been deemed potentially compatible with
other land uses in the underlying zone district but may have a
greater impact and/or must be properly mitigated to ensure
harmony between differing land uses.
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C. Section 23-2-230.6.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands are
predominately zoned A (Agricultural) and include limited C-3 (Business
Commercial) areas to the northwest. The Town of Eaton's municipal limits
are located to the south and east. The surrounding land uses consist of
production agriculture, neighborhood and rural residential uses and limited
businesses along U.S. Highway 85, permitted by several Site Plan
Reviews. The closest residence is approximately 180 feet south of the
parsonage. The next closest residence is approximately 230 feet west.
There are no USRs within one (1) mile of the site. Weld County Department
of Planning Services staff sent notice to ten (10) surrounding property
owners within 500 feet of the proposed USR boundary. No written
correspondence or telephone calls were received. Because the preschool
is existing and has operated out of the church since 1981 without issue, the
facility appears to be compatible with the area and should not detract from
other landowners' ability to enjoy or use their properties.
D. Section 23-2-230.B.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 this Code or master plans of affected municipalities. This site is
located within both the Towns of Ault and Eaton Coordinated Planning
Agreement (CPA) boundaries. Ault and Eaton returned Notice of
Inquiry (NOI) forms dated October 12, 2020, and August 12, 2020,
respectively, each indicating no concerns and no desire to annex the
parcel. The site is located within the three (3) mile municipal referral radius
of the Towns of Ault and Eaton. The Town of Eaton's municipal limits are
located directly south and east of the Faith Lutheran Church parcel; neither
Town returned a referral response.
E. Section 23-2-230.6.5 — The application complies with Articles V and XI of
this Chapter if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. The proposed facility is located within a Special Flood Hazard Area.
The Department of Planning Services — Floodplain referral, dated
December 7, 2020, provided conditions and considerations for
development within this area. No occupied structures are located in the
flood hazard areas. The proposed facility is not located within the Municipal
Separate Storm Sewer System (MS4) area, Greeley -Weld County Airport
Overlay District, Geologic Hazard Overlay District or Historic Townsite
Overlay District. Building Permits issued on the lot will be required to
adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.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 soils that are designated as "Prime if Irrigated"
Farmlands; however, the property is not irrigated and the proposed USR is
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located on a developed site and will not remove any irrigated agricultural
land from production.
G. Section 23-2-230.B.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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The Weld
County Departments of Planning Services — Building Inspection, Planning
Services — Floodplain, Public Health and Environment, and Public Works
referrals provide additional background and advisory information regarding
designing and operating the site to protect the interests of the County,
public and other governmental agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Faith Lutheran Church of Eaton, for a Site Specific
Development Plan and Use by Special Review Permit, USR20-0033, for a Child Care Center and
associated signage exceeding the Weld County Sign Code standards outside of subdivisions and
historic townsites 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 map:
A. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0033.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label any existing structures and
miscellaneous improvements.
5) The applicant shall show and label the location of any existing
buffering, landscaping, screening, fencing and gates. The applicant
shall include specification details on the USR map and refer to
Section 23-2-240.A.10 of the Weld County Code.
6) The applicant shall show and label the location of any signage. The
applicant shall include sign specification details on the USR map
and refer to Section 23-2-240.A.12, Chapter 23, Article IV,
Division 2, and Appendices 23-C, 23-D and 23-E of the Weld
County Code. Signs shall adhere to the Weld County unless
otherwise permitted by this USR.
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7) The applicant shall show and label the location of the trash
collection areas. The applicant shall include specification details on
the USR map and refer to Section 23-2-240.A.13 of the Weld
County Code for design criteria.
8) The applicant shall show and label any on -site lighting. All lighting
shall be downcast and shielded so that light rays will not shine
directly onto adjacent properties. The applicant shall include lighting
specification details on the USR map and refer to
Section 23-2-250.D of the Weld County Code for design criteria.
9) The applicant shall show and label the on -site parking with surface
type and stall dimensions and refer to Chapter 23, Article IV,
Division 1, of the Weld County Code for design criteria.
10) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
requirements are located in Section 23-3-70.E of the Weld County
Code.
11) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or reception
number and recording date.
12) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map and label the floodplain boundaries with the
FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
13) County Road 37 (also known as Cheyenne Avenue) is a paved road
and is designated on the Weld County Functional Classification
Map as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate and label the future and
existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
site map or plat. All setbacks shall be measured from the edge of
the right-of-way. This road is maintained by Weld County.
14) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
location prior to construction.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map, the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required 120 days from the date
of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
4. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. Any construction in the floodplain requires a Floodplain Permit.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d.,,,f4,O JeL,;(„k.
Steve Njoreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boa
APPRQ\ D A
oun y • orney
Date of signature: off/al /at
Lori S
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FAITH LUTHERAN CHURCH OF EATON
USR20-0033
1. The Site Specific Development Plan and Use by Special Review Permit, USR20-0033, is
for a Child Care Center and associated signage exceeding the Weld County Sign Code
standards outside of subdivisions and historic townsites in the A (Agricultural) Zone
District, 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. The hours of operation are Sunday 9:00 a.m. to 7:30 p.m., and Monday through Friday,
7:00 a.m. to 5:30 p.m., year round, as requested in the application materials.
4. The maximum number of children allowed at any given time at the Child Care Center is
45, as requested in the application materials.
5. Adequate staff shall be onsite when the Child Care Center is in operation.
6. The Child Care Center operator shall maintain and comply with a valid Permanent Child
Care License, administered through the Colorado Department of Human Services, Office
of Early Childhood, Division of Early Care and Learning.
7. The Child Care Center shall maintain compliance with Eaton Fire Protection District
requirements.
8. The existing fencing, landscaping and screening shall be maintained.
9. All signs shall adhere to Section 23-2-240.A.12, Chapter 23, Article IV, Division 2, and
Appendices 23-C, 23-D and 23-E of the Weld County Code, or as permitted by this USR.
10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
11. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map #08123C -1237E, effective date January 20,
2016 (Mead Lateral Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate including,
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but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
12. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
13. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code.
14. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons of the facility, at all times. The facility shall use the existing public water supply.
15. The facility shall use the existing public sewer system.
16. The facility shall comply with the Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments, as applicable.
17. The applicant shall comply with Rules and Regulations governing the health and sanitation
of Child Care Facilities issued by the Colorado Department of Public Health and
Environment.
18. The applicant shall comply with the General Rules for Child Care Facilities issued by the
Colorado Department of Human Services, Division of Child Care.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
21. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
23. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
24. The historical flow patterns and runoff amounts on the site will be maintained.
25. Weld County is not responsible for the maintenance of on -site drainage related features.
26. Building Permits shall be required for any new construction (buildings and/or structures)
per Section 29-3-10 of the Weld County Code. A Building Permit application must be
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completed and submitted. Buildings and structures shall conform to the requirements of
Chapter 29 of the Weld County Code, and the adopted codes at the time of permit
application. Currently, the following have been adopted by Weld County: 2018
International Building Codes, 2006 International Energy Conservation Code, 2017
National Electrical Code.
27. A complete Code Analysis, prepared by a registered design professional, is required and
shall be submitted with all Commercial Building Permit Applications to Weld County. A
Floor Plan shall be submitted showing room dimensions and room uses, along with details
showing compliance with Accessibility requirements and currently adopted Building
Codes.
28. All new Commercial Building Projects require Fire District Notification (letter or email form).
Proof shall be submitted with Commercial Permit applications. Final Fire District Approval
is also required prior to issuing a Certificate of Occupancy.
29. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
30. 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.
31. The property owner or operator shall be responsible for complying with all 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.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
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33. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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