STAFF REPORT. File No. APP-0002(13)

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1 TELLER COUNTY BOARD OF ADJUSTMENT REGULAR MEETING Wednesday October 16, 2013, 7:00 p.m. Council Chambers City of Woodland Park Administration Building 220 W. South Avenue, Woodland Park, Colorado Agenda Item V: Consider an appeal of a Planning Commission s decision made on September 10, 2013 to deny the Conditional Use Permit application by the Colorado District of the Church of the Nazarene for Church and Group Meeting Facility uses in the Agricultural (A-1) zone located on Parcel A within the East Half of the East Half of Section 34, Township 12 South, Range 70 West of the 6 th Principal Meridian, Teller County, CO as described on the deed recorded at Reception No (393 County Road 512). STAFF REPORT APPLICANT: COLORADO DISTRICT CHURCH OF THE NAZARENE REQUEST: STAFF: DOUG PEARSON, EXECUTIVE DIRECTOR, GOLDEN BELL CAMP AND CONFERENCE CENTER JANE FREDMAN, ESQ., FLYNN WRIGHT & FREDMAN, LLC Consider an appeal of a Planning Commission (PC) decision made on September 10, 2013 to deny the Conditional Use Permit (CUP) application for Church and Group Meeting Facility uses. Lor Pellegrino, AICP, Senior Planner LAND DESCRIPTION: Parcel A within the East Half of the East Half of Section 34, Township 12 South, Range 70 West of the 6 th Principal Meridian, Teller County, CO as described on the deed recorded at Reception No (393 County Road 512). ZONE DISTRICT: Agricultural (A-1) Publication Date: October 2, 2013 (Pikes Peak Courier View) Adjoining Notice: Not Applicable Posted Notice: Not Applicable Staff Report Date: October 4, 2013 STAFF RECOMMENDATION: Grant Appeal (Reverse PC Decision and Approve CUP with conditions) Staff Report Date: October 4, 2013 Page 1 of 6

2 1. SUMMARY OF REQUEST Consider and act on a request to appeal the PC decision made on September 10, 2013 to deny a CUP for Church and Group Meeting Facility uses on the subject property. 2. SUBMITTAL REQUIREMENTS FOR AN APPEAL SUBMITTAL REQUIREMENT Section 1.14.B Written Notice of Appeal Filing and Transcript Fees COMMENT Submitted Submitted 3. REVIEW AGENCY RESPONSES REVIEW AGENCY County Attorney COMMENT Comments of the Teller County Attorney are incorporated throughout this staff report. 4. DISCUSSION OF MAJOR CONCERNS AND ISSUES APPEALS OF ACTION BY THE PLANNING COMMISSION. Pursuant to Section 1.14.B of the Teller County Land Use Regulations (LUR), all decisions of the PC made in its capacity as a decisionmaking authority shall become final and unappealable unless an appeal is perfected within 10 days of the date of the decision. Unless appeal authority is specified otherwise in the LUR, appeals may be made to the Board of Adjustment by any officer, department, board, or official of Teller County, or by any applicant or other person aggrieved by the decision of the PC. Such appeal, specifying the grounds thereof, shall be made and perfected by filing with the Planning Director a Written Notice of Appeal, and submitting therewith the filing fee and cost of providing a transcript or transcripts of the PC hearing or hearings as specified and provided in the most current fee schedule established by resolution of the Board of County Commissioners. A Notice of Appeal was accepted by the Planning Department on September 20, 2013 and is attached to this staff report for your reference. Also attached to this staff report is a certified written transcript of the agenda item from the September 10, 2013 PC meeting complete with a copy of the record that was before the PC. See Appendix A for a copy of the Planning Commission action. Pursuant to LUR Section 1.14.D.2 and 3, all appeal hearings are open to the public and while any party (or their representative) may appear to speak, appeal hearings are de novo hearings, based on the record, so while arguments may be permitted, they must be based strictly on the record. No additional or new evidence can be submitted as part of the appeal hearing. LUR Section A.3 lists Church and Group Meeting Facility uses as conditional uses in the A-1 zone district and pursuant to LUR Section 8.2.A.2.a, the Planning Commission is the approval authority for all CUP applications. Staff Report Date: October 4, 2013 Page 2 of 6

3 On April 24, 2013, the Colorado District of the Church of the Nazarene submitted an application for a Conditional Use Permit for Church and Group Meeting Facility uses. The application was reviewed and assessed by staff and staff findings, complete with a recommended motion for approval with conditions, were presented in writing to the Planning Commission in that staff report dated July 19, 2013 and verbally at the Planning Commission meeting of September 10, The Planning Commission met on September 10, 2013 to consider the application and during that meeting a motion to approve the CUP with conditions was made, being staff s original recommended motion. This first motion failed for lack of a second. There was then a second motion made by the PC, modifying two sections of the original recommended motion, which failed on a 2 to 3 vote. Finally, there was a third motion by the PC to deny the CUP that passed on a 3 to 2 vote. 6. RECOMMENDED MOTION Pursuant to LUR Section 1.14.D, in exercising its powers, the Board of Adjustment, in conformance with the provisions of the LUR and pertinent statutes, may reverse or affirm, wholly or partly, or may modify the order, requirement, dedication, or determination as ought to be made, and to that end shall have all the powers of the PC. A concurring vote of at least four (4) members of the Board of Adjustment is necessary to pass any motion. Provided below is staff s recommended motion to grant the appeal and approve with conditions the CUP (which approval is identical to the PC s second motion): I move that the Teller County Board of Adjustment GRANT the appeal by the Colorado District of the Church of the Nazarene and reverse the Planning Commission decision made on September 10, 2013 to deny the Conditional Use Permit for Church and Group Meeting Facility uses in the Agricultural (A-1) zone located on Parcel A within the East Half of the East Half of Section 34, Township 12 South, Range 70 West of the 6 th Principal Meridian, Teller County, CO as described on the deed recorded at Reception No (393 County Road 512), and hereby APPROVES WITH CONDITIONS the request for a Conditional Use Permit by the Colorado District of the Church of the Nazarene for Church and Group Meeting Facility uses on a tract currently zoned Agricultural (A-1) and located on Parcel A within the East Half of the East Half of Section 34, Township 12 South, Range 70 West of the 6 th Principal Meridian, Teller County, CO as described on the deed recorded at Reception No (393 County Road 512) and as specifically sited as shown on the submitted site plan, incorporating staff s findings as contained in the Planning Commission Staff Report dated July 19, 2013, and further finding that the application complies with such pertinent, individual conditions of use specified in the granting of a Conditional Use Permit, is compatible with the general provisions of the Teller County Land Use Regulations, as well as provisions of the A-1 zone district and the Teller County Growth Management Plan, and that satisfactory provisions and arrangements have been made concerning the criteria for approval, and with adoption of the following CONDITIONS OF APPROVAL: 1. Licenses/Permits/Authorizations. Prior to issuance of a Building Permit for the proposed building, and at all times during occupancy of the building, the Applicant shall have, maintain, be subject to and comply with all local, state and federal terms, requirements, conditions, codes, ordinances, regulations, permits, licenses and/or other authorizations pertaining to the use and Staff Report Date: October 4, 2013 Page 3 of 6

4 supporting structures and infrastructure, as they may be amended or replaced from time to time, including but not limited to all of the following: a) The auditing of Special Review Use Permits (LUR 8.2.E), time limits, duration, abandonment, and extension of Special Review Use Permits (LUR 8.2.G). b) Submission and approval (as applicable) of any required Teller County Building Permit, Sewage Disposal Permit, Driveway/Access Permit, Electrical Permit, Mechanical Permit, compliance inspection, and/or other necessary and applicable permits for the proposed building. 2. Use. Uses permitted under this CUP include the Church and Group Meeting Facility uses as described and submitted in the application and as further clarified herein. This CUP does not preclude other uses of the property that are allowed either by right or by permit under the Teller County Land Use Regulations in effect, as they may be amended from time to time, including but not limited to a dwelling, and the keeping of domestic hoofed livestock. a) This CUP for the Dan Walker Memorial Chapel limits the use of the proposed building to use by employees and volunteers of the Golden Bell Camp and Conference Center, on-site campers and organized groups who have received permission from the Golden Bell Camp and Conference Center. The building shall not be open to the general public unless an amendment to this CUP has been issued that addresses additional traffic and parking impacts. Occupancy of the chapel building shall be limited to 450. In no event shall the chapel building and gym be used simultaneously for events for others than on-site campers, employees, and volunteers unless an amendment to this Conditional Use Permit has been issued and approved. 3. Access. Prior to issuance of any Building Permit for the proposed building, the Applicant shall submit in a form acceptable to the Teller County Transportation Department and the Teller County Attorney, a recorded easement agreement for access through Lot C, Golden Bell Ranch Subdivision to the building. Construction traffic shall also access the building site through the Lot C, Golden Bell Ranch Subdivision property except when oversized building materials and/or equipment and other unusual circumstances render this access unfeasible. The Applicant shall also apply for and receive a Driveway/Access Permit for this building/use. 4. Water Supply. Water supply to this building shall be from the Golden Bell Wells and shall comply with the terms and conditions of the adjudicated augmentation plan. 5. Construction. Construction work shall be permitted between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday for the duration of the construction of the building. 6. Wildlife. The Applicant shall comply with the recommendations of Ms. Tonya Sharp, Wildlife Manager, Division of Parks and Wildlife in her letter dated February 7, 2011, including but not limited to minimal (if any) fencing (to be wildlife friendly using recommendations in the Fencing with Wildlife in Mind document) and the installation of bear proof dumpsters and/or trash receptacles. 7. Representations. Unless otherwise modified by this Permit, all material representations of the Applicant in its application submittal and in public hearings shall be binding. Staff Report Date: October 4, 2013 Page 4 of 6

5 STAFF REPORT APPLICANT PRESENTATION PUBLIC COMMENT APPLICANT RESPONSE BOARD OF ADJUSTMENT DELIBERATION Staff Report Date: October 4, 2013 Page 5 of 6

6 Appendix A: Planning Commission Written Findings Staff Report Date: October 4, 2013 Page 6 of 6

Ms. Monte Houseman called the meeting to order at 7:01 p.m. and the following answered

Ms. Monte Houseman called the meeting to order at 7:01 p.m. and the following answered TELLER COUNTY BOARD OF ADJUSTMENT MINUTES 7:00 p.m., Wednesday October 16, 2013 Council Chambers City of Woodland Park Administration Building 220 W. South Avenue, Woodland Park, Colorado I. Call to Order