City of Central

Resolution 16-27

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CITY OF CENTRAL, COLORADO

RESOLUTION NO. 16-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTRAL, COLORADO CONDITIONALLY APPROVING A SPECIAL REVIEW USE PERMIT

FOR AN ONENESS CENTER ON PROPERTY LOCATED WITHIN THE HISTORIC DOWNTOWN GAMING (HDG) ZONE DISTRICT AND LOCATED AT 130 MAIN STREET.

WHEREAS, the 7 Healing Stars Oneness Center, LLC, a Colorado limited liability company (the “Applicant”) has filed an application (the “Application”) with Central City seeking a special review use permit (the “SRU Permit”) related to the proposed operation of an Oneness Center, as that term is defined in the recommended Conditions of Approval, to be located on that certain property described with particularity in the Application being portions of the 130 Main Street (the “Subject Property”); and

WHEREAS, the Subject Property is located in the Historic Downtown Gaming (HDG) zoning district; and

WHEREAS, the proposed Oneness Center does not constitute an accessory use but is a principal use permitted by special review as set forth in the use schedule of permitted uses contained in the Commercial Use Groups table set forth in Section 16-2-50 of the Municipal Code; and

WHEREAS, a copy of the full and complete Application is attached to this Resolution as Exhibit A and is incorporated herein by reference; and

WHEREAS, the City has adopted a process pertaining to the review of special review uses, and the same is codified in Article IV of Chapter 16 of the Municipal Code; and

WHEREAS, the Application was filed with the City and the application fee required by Section 16-4-20(5) of the Municipal Code has been paid in full by the Applicant; and

WHEREAS, the Planning Commission held a public hearing on the Application on Wednesday, September 7, 2016; and

WHEREAS, following the conclusion of the public hearing the Planning Commission recommended approval of the SRU Permit, subject to certain modifications and/or conditions as articulated and set forth in the Council Communication Form dated September 20, 2016; and

WHEREAS, in accordance with Section 16-4-40(b) of the Municipal Code, the Application has been submitted to City Council for review; and

WHEREAS, City Council has determined, in accordance with Section 16-4-40(b) of the Municipal Code, to conduct a public hearing; and

WHEREAS, the City Council finds that the Application satisfies the applicable criteria and conditions for approval of the SRU Permit, as set forth in Section 16-4-60 of the Municipal Code, and desires to approve the Application subject to the specific modifications and conditions set forth with particularity in this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL, COLORADO THAT:

Section 1. The foregoing recitals are adopted and incorporated herein as findings of the City Council.

Section 2.The City Council hereby approves the issuance of the SRU Permit to authorize the placement of the Oneness Center on the Subject Property, subject to the conditions and restrictions set forth in Section 16-4-70 of the Municipal Code, Section 3 through Section 7 of this Resolution set forth below, and any other applicable requirements of the Central City Municipal Code.

Section 3.Prior to the issuance of a building permit or development permit related to the Oneness Center on the Subject Property, the Applicant shall enter into a written agreement with the City as required by Section 16-4-50 of the Municipal Code. The conditions set forth in Section 2 and Section 4 through Section 7 of this Resolution shall be set forth in the written agreement and said agreement shall be executed by the Applicant and the City prior to the issuance of any building permit or development permit related to the use of the site for a Oneness Center on the Subject Property.

Section 4.The SRU Permit shall be subject to the following additional modifications and/or conditions, in accordance with Section 16-4-60 of the Municipal Code:

Prior to issuance of a building permit and use of the property the applicant shall comply with the following conditions of approval:

1)Plans shall be provided showing the proposed use and configuration of each space detailing the square footage and occupancy load as required per Section 16-9-70 Building permits. In cases of shared uses the more restrictive occupancy load shall be set. The Subject Property shall comply with all adopted building and fire codes of the City.

  1. Uses permitted under the SRU Permit shall be limited to the following Social, Medical, Entertainment & Sales Uses:

Social / Recreation / Classes / Medical / Entertainment / Sales
Retail/ Food Service /Bar
Symposium / Qigong / Haunted House (Halloween) / Vendor & Retail Sales
Conventions / Massage / Live Performances / Food Service / Bar
Weddings/ Galas/ Receptions / Reiki / Lumonic Light Sculptures / Ticket Sales
Business & Social Meetings / Sound and vibrational healing / Meditation / Movies Shown
Inspirational Speakers / Kirtan and devotional chanting / Art Display
Community, Health and Education Classes / Other licensed Medical uses

2)All Federal, State and local regulations and code requirements shall be met including, but not limited to the following:

  1. All medical procedures performed on the Subject Property shall be done in full compliance with all applicable requirements established by the State of Colorado, DORA and shall be administered exclusively by a licensed practitioner.
  2. The use or sale of marijuana or marijuana products is prohibited. Marijuana shall have the same meaning as set forth in Amendment 64, or as may be more fully defined in the Colorado Retail Marijuana Code, and shall include the term medical marijuana, as defined at C.R.S. § 12-43.3-104(7).
  3. Both Gilpin County Public Health and BH/CC Sanitation District shall provide written approval prior to the establishment of any food service on the Subject Property.

3)Parking shall be provided meeting the requirements of Section 16-6-10 of the Municipal Code and the provision and maintenance of the Dedicated Parking Area, as defined below, shall be the continuing obligation of the owner of the Subject Property, as required by Section 16-6-50(a) of the Municipal Code. It is understood that the Applicant is proposing to use the Dedicated Parking Area and no capital improvement changes are planned as part of the Application.

4)During events at which the Applicant or Community Development Director anticipates that more than 300 participants may be in attendance, including but not limited to conferences, haunted house, receptions, and live music performances, the following conditions shall apply:

  1. Attendees shall be directed to utilize the dedicated parking area adequate for the number of attendees and staff. The dedicated parking area currently under lease by the Applicant is the property commonly known as the Greek Lots which can accommodate up to 650 vehicles (the “Dedicated Parking Area”).
  2. Temporary signage shall be installed at the Applicant’s sole cost and expense directing traffic to the Dedicated Parking Area just prior to and during an event. The signage shall be removed promptly by the Applicant following each event.
  3. The primary event sponsor on-site shall provide a direct means of communication to emergency responders.
  4. The Dedicated Parking Area shall be supervised during the event and a restroom or port-a-potty shall be provided within the boundaries of the Dedicated Parking Area for each event.
  5. A shuttle shall be provided with the one drop-off/pick-up location on Main Street and the Dedicated Parking Area.
  6. A BLS or ALCS certified first responders team shall be in place.
  7. A trained security team shall be in place.
  8. All disorderly or unlawful activity under federal, state or local law shall be reported to law enforcement as required by Section 10-2-50 of the Municipal Code.

5)All activity shall be contained fully within the building, unless a separate Special Event Permit is obtained from the City for a one-time activity.

6)No residential use of any portion of the Subject Property or any area covered by the SRU Permit is permitted.

7)While the use of the building involves live or recorded music, the exterior doors/windows of the building shall remain closed.

  1. The sound level on the exterior of the building, measured at the center of Main Street shall not exceed 55 db (A) from 7 p.m. to 7 a.m in accordance with the requirements set forth in Section 7-2-210 of the Municipal Code.

8)No exterior alterations of the building shall be permitted, though signage maybe placed on the exterior in compliance with Chapter 14 of the Municipal Code.

9)Any required tax or fee shall be collected for use(s) on site as required by Municipal Code Chapter 4.

10)Alterations to the approval are limited to minor changes as described in Section 16-4-70 of the Municipal Code.

11)The Community Development Director or his designee may inspect the Subject Property during normal business hours in order to verify that Applicant is complying with the conditions of approval.

12)In the event of noncompliance by the Applicant with these conditions of approval, or any term or condition to be set forth in the written agreement to be entered into by the City and the Applicant as required by Section 16-4-50 of the Municipal Code, the Community Development Director will notify the Applicant in writing and may proceed to schedule the SRU for further review by the Planning Commission and the City Council, as authorized by Section 16-4-90(a) of the Municipal Code. Upon such review and after notice provided to the Applicant, the City Council upon recommendation by the Planning Commission shall be authorized to revoke the previously approved SRU or otherwise amend the conditions set forth above.

Section 5.The Applicant has not requested the establishment of any vested rights associated with this SRU Permit and therefore City Council specifically finds that no vested rights are created by approval of this Resolution. In accordance with Section 17-5-70 of the Municipal Code, if no building permit is issued within eighteen (18) months following the effective date of this Resolution, the conditional approval of the SRU Permit set forth in this Resolution shall automatically expire without the need for any formal action of the Planning Commission or the City Council.

Section 6.All fees and costs incurred by the City associated with pre-construction meetings, field inspections, monitoring, and final inspections, shall be at the sole expense of the Applicant.

Section 7.The issuance of the SRU Permit does not waive or supersede other City requirements that may be applicable to the Oneness Center.

Section 8.Any future consideration for a modification, physical expansion, or other alteration to the Oneness Center not described in this Resolution or the SRU Permit shall be subject to the City’s applicable special review use procedures.

Section 9.Effective Date. This Resolution shall take effect upon its approval by the City Council.

ADOPTED THIS 20thDAY OF SEPTEMBER, 2016.

CITY OF CENTRAL, COLORADO

By:

Ronald E. Engels, Mayor

ATTEST:APPROVED TO FORM:

By:By:

Reba Bechtel, City Clerk Marcus A. McAskin, City Attorney

Exhibit A

Application

[Oneness Center – 7 Healing Stars]