HomeMy WebLinkAbout20210870.tiffEXHIBIT
114 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION USCG
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSI
Moved by Tom Cope, 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 USR20-0033
APPLICANT: FAITH LUTHERAN CHURCH OF EATON
PLANNER: MICHAEL HALL
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT 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
LEGAL DESCRIPTION. PART OF THE NW4 OF SECTION 31, T7N, R65W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 76, EAST OF AND ADJACENT
TO CR 37, WEST OF AND ADJACENT TO STATE HIGHWAY 85.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant 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 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10.B of the Weld County Code 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 respects private property rights by aliowing 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.
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 23-2-220.A2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District,
Section 23-3-10. — Intent, of the Weld County Code 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."
RESOLUTION USR20-0O33
FAITH LUTHERAN CHURCH OF EATON
PAGE 2
This
code
section, in essence, supports the proposed USR, as this existing operation is controiied
and
does
not interfere with agricuitural activities or other use
by right
activities.
Section 23-3-40.D. — Uses by special review, of the Weld County Code includes, "Child Care
Centers,"
This code section allows the apphcant to apply for the subject USR fora 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 eighteen (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.
C Section 23-2-220.A 3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent lands are predominately
Commercial) areas to the northwest, Ti
east. The surrounding land uses consist
uses and limited businesses along US
closest residence is approximately 180
approximately 230 feet west. There are
zoned A (Agricultural) and include limited C-3 (Business
)wn of Eaton municipal limits are located to the south and
of production agriculture, neighborhood and rural residential
Highway 85, permitted by several Site Plan Reviews, The
feet south of the parsonage. The next closest residence is
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 23-2-220.A.4 -- That the uses which would
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 Town of Ault and Town of Eaton Coordinated Planning Agreement
boundaries. Ault and Eaton returned Notice of Inquiry forms dated October 12, 2020 and August 12,
2020, respectively Both forms indicated no concerns and did not wish to annex the parcel.
The site is located within the
three (3)
mite municipal referral
radius of
the Town of Ault and Town of
Eaton. The Eaton municipal
limits are
located directly south
and east
of the Faith Lutheran Church
parcel; Eaton did not return
a referral
response Ault did not
return a
referral response.
E. Section 23-2-220.A.5 -- That 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 Rood 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 Program, County Facility Fee and
Drainage
Impact
Fee Programs.
RESOLUTION USR20-0033
FAITH LUTHERAN CHURCH OF EATON
PAGE 3
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 soils that are designated as "Prime if Irrigated" Farmlands. However, the
property is not irrigated and the proposed USR is located on an already developed site and wilt not
remove any irrigated agricultural land from production
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 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 with the interests of the
County, public and other governmental agencies.
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's recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location Road maintenance includes, but is not
limited to, dust control and damage repair to specified travel routes. (Department of Public Works)
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR20-0033. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) Show and label any existing structures and miscellaneous improvements (Department of
Planning Services)
5) Show and label the location of any existing buffering, landscaping, screening, fencing and
gates. Include specification details on the USR map. Refer to Section 23-2-240 A 10. of the
Weld County Code. (Department of Planning Services)
6) Show and label the location of any signage. Include sign specification details on the USR map.
Referto 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, (Department of Planning Services)
7) Show and label the location of the trash collection areas. Include specification details on the
USR map. Refer to Section 23-2-240.A 13 of the Weld County Code for design criteria
(Department of Planning Services)
RESOLUTION USR20-0033
FAITH LUTHERAN CHURCH OF EATON
PAGE 4
8) 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. Include lighting specification details on the
USR map. Refer to Section 23-2-250.D. of the Weid County Code for design criteria.
(Department of Planning Services)
9) Show and label the on -site parking with surface type and stall dimensions. Refer to Chapter 23,
Article IV, Division 1 of the Weld County Code for design criteria. (Department of Planning
Services)
10) 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 Wed County Code
(Department of Planning Services)
11) Show and
label ail
recorded
easements and rights -of -way on the map by book and page
number or
reception
number
and recording date. (Department
of Planning Services)
12) Show the floodplain and floodway (if applicable) boundaries on the map, Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
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 on the site map or plat the future
and existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-way.
This road is maintained by Weld County (Department of Public Works)
14) 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. (Department of Public Works)
15) Show and label the drainage flow arrows, (Department of Public Works)
16) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
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 one hundred twenty (120) 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)
3 In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not
be recorded within the required one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three
(3) month period. (Department of Planning Services)
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. (Department of Planning
Services)
RESOLUTION USR20-0033
FAITH LUTHERAN CHURCH OF EATON
PAGE 5
5. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit. (Department of Planning Services -
Floodplain)
Motion seconded by Lonnie Ford.
VOTE:
For Passage Against Passage Absent
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Dwaine Barclay
Sam Gluck
Butch White
Troy Mellon
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 Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 March 16, 2021.
Dated the 16th of March, 2021
Kristine Ranslem
Secretary
RESOLUTION USR20-0033
FAITH LUTHERAN CHURCH OF EATON
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Faith Lutheran Church of Eaton
Child Care Center
USR20-0033
1. A Site Specific Development Plan and Use by Special Review, USR20-0033, fora 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.
(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 hours of operation are
Sunday 9 00 pm
to 7:30 pm, and Monday
through Friday, 7:00 am to 5:30 pm,
year round,
as requested
in the
application
materials. (Department
of Planning Services)
4. The maximum number of children allowed at any given time at the Child Care Center is forty-five (45), as
requested in the application materials. (Department of Planning Services)
5. Adequate staff shall be on -site when the Child Care Center is in operation. (Department of Planning
Services)
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. (Department of Planning Services)
7. The Child Care Center shall maintain compliance with Eaton Fire Protection District requirements.
(Department of Planning Services)
8. The existing fencing, landscaping and screening shall be maintained. (Department of Planning Services)
9. All signs shall adhere to Section 23-2-240.A.12, Chapter23, Article IV, Division 2 and Appendices 23-C,
23-D and 23-E of the Weld County Code or as other permitted by this USR. (Department of Planning
Services)
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. (Department of Planning Services)
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 but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or
storage of equipment and materials. (Department of Planning Services - Floodplaln)
RESOLUTION USR20-0033
FAITH LUTHERAN CHURCH OF EATON
PAGE 7
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. (Department of Planning Services - Floodplain)
13. 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. The facility shall operate in
accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and
Environment)
14, Adequate drinking, hand washing, 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. (North Weld Water District),
(Department of Public Health and Environment)
15. The facility shah use the existing public sewer system. (Town of Eaton). (Department of Public Health and
Environment)
16. The facility shall comply with Colorado Retail
Food Establishment Rules
and Regulations
governing the
regulation of food service establishments, as
applicable. (Department of
Public
Health
and
Environment)
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. (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. (Department
of Public
Health and
Environment)
19. 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)
20 The property owner
or operator shall be
responsible for
controlling noxious weeds on the site, pursuant to
Chapter 15, Article
I and II, of the Weld
County Code
(Department of Public Works)
21. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
22. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized
(Department of Public Works)
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
(Department
of Public Works)
24 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
25. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates. (Department of Public Works)
26. The historical flow patterns and runoff amounts on the site will be maintained (Department of Public
Works)
27. Weld County is not responsible for the maintenance of on -site drainage related features. (Department of
Public Works)
RESOLUTION USR20-0033
FAITH LUTHERAN CHURCH OF EATON
PAGE 8
28. 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 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. (Department of Building Inspection)
29. 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, room uses, along with details showing compliance with Accessibility
requirements and currently adopted building codes. (Department of Building Inspection)
30. 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. (Department of Building Inspection)
31. 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.
32. 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.
33. The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Deveiopment Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
34. 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 Often times, 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.
35. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town! Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwefiers to
rural Weid County would quickly be gone forever.
Agricultural
users of the land
should not
be expected
to
change their
long-established agricultural
practices to
accommodate the
Intrusions of
urban users
into
a rural area.
Well -run agricultural activities
RESOLUTION USR20-0033
FAITH LUTHERAN CHURCH OF EATON
PAGE 9
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) mites of state and
County roads outside of municipalities The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their
jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that
roads from subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety, but
also for the protection of the farmer's livelihood
EXHIBIT
ALY1 lAkeS SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
1p c, Tuesday, March 16, 2021
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Vice Chair,
Gene Stifle, at 12:33 pm.
Roll Call.
Present: Butch White, Dwaine Barclay, Gene Stille, Lonnie Ford, Sam Gluck, Tom Cope
Absent/Excused: Elijah Hatch, Skip Holland, Troy Mellon.
Also Present: Chris Gathman, Michael Hall and Tom Parko, Department of Planning Services; Lauren
Light, Department of Health; Melissa King and Zack Roberson, Department of Public Works; Bob Choate,
County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER USR20-0033
APPLICANT: FATIH LUTHERAN CHURCH OF EATON
PLANNER: MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT 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
LEGAL DESCRIPTION PART OF THE NW4 OF SECTION 31, T7N, R65W OF THE 6TH P M, WELD
COUNTY, COLORADO
LOCATION: SOUTH OF AND ADJACENT TO CR 76, EAST OF AND ADJACENT TO CR 37,
WEST OF AND ADJACENT TO STATE HIGHWAY 85
Michael Hall, Planning Services, presented Case USR20-0033, reading the recommendation and
comments into the record. Mr. Hall noted that the USR does not seek to permit the church as it is a
grandfathered use, however, it will permit the preschool any. Additionally, the applicants are requesting a
32 square foot free-standing sign visible from Highway 85, which exceeds the maximum 16 square foot
sign allowed in the agricultural zone district. No written correspondence or telephone calis were received
from surrounding property owners regarding this application. The Department of Planning Services
recommends approval of this application with the attached conditions of approval and development
standards.
Melissa King, Public Works, reported on the existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Richard Leffler, Leffler Engineering, 456 Kathryn Drive, Loveland, Colorado, stated that he is a member of
this church as well as a council member. Mr. Leffler said that this is a much -needed facility and they have
requests for more students to attend. This will be the only childcare facility that will offer childcare for infants
through pre-school age in the area. He added that it will be the only facility open during the summer months
as well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application,
No one wished to speak,
Mr. Leffler referred to Development Standard 16 and said that it indicates the facility shall comply with the
Colorado Retail Food Establishment Rules and Regulations as applicable. He said that they don't cater to
the public and asked if they are okay with the kitchen they have there now Ms. Light said it is applicable
because there are children there and if it is not prepackaged foods then they will need to go through the
Weld County Consumer Protection Division and get a license, Mr. Leffler clarified that this will only be for
the preschool and not the church, Staff stated that was correct.
1
Mr. Leffler referred to Development Standard 22 with regard to parking or staging of vehicles on public
roads and said that part of the parking spaces are within the public right-of-way and assumes it is okay to
use those as long as it doesn't interfere with traffic on the public road. Ms. King said technically there
should be no parking on the public right-of-way. She added that she didn't specifically address this but it
will be addressed when the applicant obtains an Access Permit, is the fact that currently the access width
is 235 feet wide and that is way too big for what is allowed. Therefore, when the applicant comes in for the
Access Permit, they will address not only how traffic will access the site but also the parking. Mr. Leffler
stated that they were acceptable to that.
Commissioner Cope said that the regulations are very specific on the size of sign. He doesn't have an
issue with the proposed sign but suggested that the County Commissioners make the determination on the
size of the sign
The Chair asked the applicant if they
have read
through the Development
Standards
and Conditions of
Approval and if they are in agreement
with those.
The applicant replied that
they are in
agreement.
Motion: Forward Case USR20-0033 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Tom Cope, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Butch White, Dwaine Barclay, Gene Stille, Lonnie Ford, Sam Gluck, Tom Cope,
Meeting adjourned at 1:35 pm.
Respectfully submitted,
t. -
Kristine Ranslem
Secretary
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