HomeMy WebLinkAbout20160668.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR15-0036, FOR PUBLIC AND QUASI PUBLIC BUILDINGS INCLUDING A
CHURCH, A CHILDCARE CENTER AND A PRIVATE SCHOOL IN THE
A (AGRICULTURAL)ZONE DISTRICT-PRAIRIE RIDGE COMMUNITY CHURCH, INC.
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 2nd day of
March, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Prairie Ridge Community Church, Inc., 9993 CR 11, Firestone, CO 80504-5422,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0036, for Public
and Quasi Public Buildings including a Church, a Childcare Center and a Private School in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
N1/2 NE1/4 NE1/4 NE1/4 of Section 14, Township 2
North, Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by Patrick
Berrend, Think Tank Studio, 402 Main Street, Longmont, CO, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A.Goal 7) states: "County land use regulations
should protect the individual property owner's right to request a land
use change." The Church acquired the property in 2004 for the
future construction of a sanctuary and support buildings to
accommodate the growth of their institution.
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2) Section 22-2-20.H (A.Goal 8) states: "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to accommodate the requested new land use change for
more intensive development." The property is one of several
parcels that are an enclave to the urbanizing areas of the Town of
Firestone to the west, north and east, and the Town of Frederick to
the south. Water service is provided by Central Weld County Water
District and sanitary sewer may be either an on-site waste water
treatment system or a tap from the St. Vrain Sanitation District.
3) Section 22-2-40.A (UD.Goal 1) states: "Concentrate urban
development within existing municipalities, an approved
Intergovernmental Agreement urban growth area, the Regional
Urbanization Areas, County Urban Growth Boundary Areas, Urban
Development Nodes or where urban infrastructure is currently
available or reasonably obtainable."The proposed church, private
school, and a childcare center will be located within the 1-25
Regional Urbanization Area and the Mead Intergovernmental
Agreement Area. This area is designated residential on the 1-25
Regional Urbanization Area Structural Plan (map) and is within 0.5
mile of the Neighborhood Centers designation. Neighborhood
centers encourage civic uses and schools.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-40.E of the Weld County Code states: "Public and
quasi-Public Buildings including Churches and Private Schools"
and Section 23-3-40.T states: "provides for Child Care Centers as
a Use by Special Review in the Agricultural Zone District."
C. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding lands to the west and
north are large parcel residential lots in the A (Agricultural) Zone District; to
the north is Monarch Estates and to the east is Stoneridge, both are
Residential Subdivisions within the Town of Firestone; to the south is large
parcel residential housing in the A (Agricultural) Zone District in
unincorporated Weld County. The proposed development of the property
for a church, private school and a childcare center appear to be compatible
with the existing uses in the surrounding area.
D. Section 23-2-230.8.4--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 parcel is located within the Mead IGA and adjacent to
the Town of Firestone to the north and to the east and is within 0.5 mile of
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the Town of Frederick. The site is located within the three (3) mile referral
area of the Towns of Frederick, Firestone, and Mead, and the City of
Longmont. The Town of Frederick, in the referral comments dated
June 22, 2015, indicated that they have no concerns. The Town of
Firestone, in an electronic referral response received November 18, 2015,
provided seven comments specifically addressing transportation
improvements, storm water drainage detained and released at
predevelopment rates, and a request that the applicant enter into a Cost
Agreement to cover the Town's costs of processing the application review.
The Town of Mead and the City of Longmont did not respond to the referral
request.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. 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 proposed facility is located on approximately 4.88 acres of"Prime"
(Irrigated) lands, per the 1979 Soil Conservation Service Important
Farmlands of Weld County Map. The size of the property and location near
municipal town limits does not make the parcel conducive to agrarian
practices.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Prairie Ridge Community Church, Inc., for a Site Specific
Development Plan and Use by Special Review Permit, USR15-0036, for Public and Quasi Public
Buildings including a Church, a Childcare Center and a Private School in the A (Agricultural) Zone
District, on the parcel of land described above be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. The applicant shall attempt to address the requirements (concerns) of the
Town of Firestone, as stated in the referral response dated
November 18, 2015. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements (concerns) of the
Central Weld County Water District, as stated in the referral response dated
October 27, 2015. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
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C. The applicant shall attempt to address the requirements (concerns) of the
Frederick-Firestone Fire Protection District, as stated in the referral
response dated November 18, 2015. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services.
D. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required.
E. The applicant shall submit a Landscape and Screening Plan to the
Department of Planning Services for review and approval demonstrating
compliance with Chapter 26, Article II, Section 26-2-50.B.4,
Section 26-2-50.C.2-4, Section 26-2-50.D.2.b and Section 26-2-50.D.2.f of
the Weld County Code.
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR15-0036.
2. The attached Development Standards.
3. The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4. Show the approved Town of Firestone access on the site plan and
label with the approved Access Permit Number, if applicable.
5. Show and label all easements and rights-of-way with the recorded
document reception number and date on the site plan.
6. Show and label the accepted drainage features and drainage flow
arrows on the site plan. Stormwater ponds should be labeled as
"Stormwater Detention, No-Build or Storage Area," calculated
volume to be included.
7. County Road 11 (Birch Street) and County Road 22 (Sable Avenue)
are designated on the Town of Firestone map and classify these
roads as major arterial. The Town of Firestone has requested an
additional 20 feet of future road right-of-way be dedicated for both
roadways. The applicant shall delineate on the site plan the existing
right-of-way and the future 20 feet of right-of-way. These roads are
maintained by the Town of Firestone.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies or 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
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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 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.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for Images is .tif(Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on-site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to the issuance of the Certificate of Occupancy:
A. An On-site Wastewater Treatment System is required for the proposed
facility and shall be installed according to the Weld County On-site
Wastewater Treatment System Regulations.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dethiti •(1 I1n
Mike Freeman,
Weld County Clerk to the Board
Sean P. Conway, Pro- em
BY: /� CA./ • �'
-C-41JkM
De Clerk to the Board `��••.�,r,
Ju =A. Cozad
APPROVED AS TO FOR l •
4A--,
1861 ;� ..rbara Kirkmeyer
County Attorney
Date of signature:
3/l10 C?`� 0 4 Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PRAIRIE RIDGE COMMUNITY CHURCH, INC.
USR15-0036
1. The Site Specific Development Plan and a Special Review Permit, USR15-0036, is for
Public and Quasi Public Buildings including a Church and a Private School, and a
Childcare Center 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 number of persons employed full time is limited to six (6) persons, as stated in the
application.
4. The hours of operation are:
Church Office: 8:00 a.m. - 5:00 p.m., Monday— Friday
Community Functions: 8:00 a.m. - 12:00 a.m., Monday—Sunday
Worship Services: 4:00 a.m. - 12:00 a.m., Saturday— Sunday.
School: 7:30 a.m. - 5:30 p.m.
Day Care: 6:00 a.m. -6:00 p.m.
5. The parking area on the site shall be maintained.
6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code.
7. The landscaping and lighting on the site shall be maintained.
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
9. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
10. 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 applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code.
11. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code.
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13. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. A permanent, adequate water supply shall be provided
for drinking and sanitary purposes.
14. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
On-site Wastewater Treatment Systems.
15. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments, as applicable.
16. The facility shall comply with the general rules for childcare facilities and schools, as
applicable.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. 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.
19. Should noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
20. The access(es) on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off-site tracking.
21. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized.
22. The historical flow patterns and runoff amounts will be maintained on the site.
23. Weld County is not responsible for the maintenance of on-site drainage related features.
24. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
25. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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26. 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.
27. 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.
28. 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.
29. 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 person 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.
30. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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