HomeMy WebLinkAbout20070860.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1599 FOR A PUBLIC AND QUASI-PUBLIC BUILDING, INCLUDING A
CHURCH, IN THE A (AGRICULTURAL) ZONE DISTRICT - CARR COMMUNITY
CHURCH
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 18th day of
April, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Carr Community Church, do Darlene Blaney and Ken Gunter, 9438 Gray Avenue,
P.O. Box 55, Carr, Colorado 80612, for a Site Specific Development Plan and Use by Special
Review Permit #1599 for a Public and Quasi-Public Building, including a Church, in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Lots 13, 14,and 15 of Block 11,CarrTownsite;being
part of the NW1/4 of Section 27, Township 11 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Keith Laube, Laube Engineering, 6250 West
10th Street, Suite 3, Greeley, Colorado 80634, at said hearing, 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 23-2-230.6.1 -The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.A(A.Policy 1.1)states, "Agricultural zoning will be
established and maintained and promote the Country's agricultural
industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon
agriculture." The proposed church is intended to serve both as a
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traditional worship facility, and as an outreach to the community for
various gatherings including weddings, celebrations, graduation
parties, and general support for agricultural practices.
2) Section 22-2-60.D(A.Goal 4)states, "Conversion of agricultural land
to nonurban residential, commercial, and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses." The proposed
facility is located in the Carr Townsite, surrounded by residential
homesteads and an agricultural community. The proposed
Conditions of Approval and Development Standards ensure that the
proposal is compatible with the region.
3) Section 22-2-130.B(UC.Goal 2)states,"Maintain the rural character
of these settlements. Such development shall assure that
unincorporated communities, farming, and rural character is
maintained for all residents." This development provides a gathering
point for the community to come together, share farming practices,
and assist in keeping the community tightly knit.
3. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the
A(Agricultural) District. The proposed use is for the construction of a church that
will hold various gatherings including weddings,celebrations,graduation parties and
general support for the agricultural community. Section 23-3-40.E.1 of the Weld
County Code indicates "churches" as a Use by Special Review. "Churches" are
further defined in Section 23-1-90 as "a group of buildings or structures, that by
design and construction, are primarily intended for conducting organized religious
services and associated accessory uses." The uses are consistent with other
potential Uses by Special Review of a similar nature.
4. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the
existing surrounding land uses. Surrounding uses include agriculture and
associated housing and support facilities. Other Conditions of Approval concerning
traffic, lighting, landscaping, and parking, along with the proposed Development
Standards, will ensure that the site is compatible with the surrounding uses.
5. 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 the Weld County Code
and any other applicable code provisions or ordinances in effect, or the adopted
Master Plans of affected municipalities. The subject property lies in the Carr
Townsite; however, it does not lie within an Intergovernmental Agreement(IGA)or
Urban Growth Boundary (UGB) area.
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6. Section 23-2-230.B.5--The application complies with Chapter 23, Article V, of the
Weld County Code. The site does not lie within any Overlay Districts. Effective
January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program. Effective
August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater
Drainage Impact Fee.
7. Section 23-2-230.B.6 - The Design Standards (Section 23-2-240, Weld County
Code), Operation Standards (Section 23-2-250, Weld County Code), proposed
Conditions of Approval, and Development Standards will 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 Carr Community Church, Go Darlene Blaney and Ken
Gunter,for a Site Specific Development Plan and Use by Special Review Permit#1599 fora Public
and Quasi-Public Building, including a Church, 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 Plat, the following shall be addressed:
A. The Use by Special Review Permit Plan Map shall be amended as follows:
1) All sheets of the plan map shall be labeled USR-1599.
2) The plan map shall meet all requirements as listed in
Section 23-2-260.D of the Weld County Code.
3) The plan map shall include the attached Development Standards.
4) Section 23-3-250.A.6 of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash collection
shall be screened from adjacent properties and public rights-of-way.
These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals.
5) Gray Street is designated on the Weld County Road Classification
Plan as a local gravel road,which requires an 80-foot right-of-way at
full buildout. There is presently 80 feet of right-of-way. All setbacks
shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way. This road is maintained by Weld County.
6) 5th Street is designated on the Weld County Road Classification Plan
as a local gravel road, which requires an 80-foot right-of-way at full
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buildout. There is presently 80 feet of right-of-way.All setbacks shall
be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the
right-of-way. This road is maintained by Weld County.
7) The right-of-way or easement shall be a graded and drained road,to
provide an all-weather access.
8) A minimum radius of 20 feet is required for all accesses to the public
right-of-way as listed in Section 23-2-240.A.9.f of the Weld County
Code. The plans currently show a 10-foot radius.
9) All parking for this site must be off the street, internal,and must follow
Weld County Code Appendix 23-B,providing seventeen(17)parking
spaces, one of which shall adhere to the Americans with Disabilities
Act. Each parking space shall be equipped with wheel guards or
curb blocks to prevent vehicles from entering the retention pond or
pedestrian areas, or from coming into contact with walls or other
structures.
B. The applicant shall abandon the outhouse in accordance with
Section 30-7-70 of the Weld County Code. Written verification, or physical
evidence that the outhouse has been properly abandoned,shall be submitted
to the Weld County Departments of Public Health and Environment and
Planning Services.
C. The water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld
County Department of Public Health and Environment that the system
complies with the Regulations. Alternately, the applicant can provide
evidence that they are not subject to these requirement to the Department
of Planning Services.
2. The applicant shall submit two (2) paper copies of the plan map for preliminary
approval to the Weld County Department of Planning Services, prior to recording.
3. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)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 the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. 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.
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5. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plan map shall be prepared
in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within thirty
(30) days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
6. Prior to issuance of any building permits(other than those for existing structures,as
needed, to bring structures into compliance), the following shall take place:
A. 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
plat is recorded in the office of the Weld County Clerk and Recorder.
B. The applicant shall provide a letter of approval from the Nunn Fire Protection
District prior to new construction.
7. Prior to issuance of the Certificate of Occupancy, the following shall take place:
A. An Individual Sewage Disposal System is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System(I.S.D.S.)Regulations. Septic system perm it#SP0500183
has been issued.
B. The septic system is required to be designed by a Colorado registered
professional engineer according to the I.S.D.S. Regulations.
C. The septic system must meet all setbacks, including the 100-foot setback
to any well.
D. In the event the septic system requires a design capacity of over 2,000
gallons of sewage per day, the applicant shall provide evidence that all
requirements of the Water Quality Control Division(WQCD)of the Colorado
Department of Public Health and Environment(specifically Policies WQSA-6
and WQSA-8) have been satisfied. Evidence of compliance shall be
provided to the Weld County Department of Public Health and Environment.
Alternately,the applicant can provide evidence from the WQCD that they are
not subject to these requirements.
E. The applicant shall submit evidence of an Underground Injection Control
(UIC), Class V, Injection Well permit from the Environmental Protection
Agency(EPA)for any large-capacity septic system(a septic system with the
capacity to serve 20 or more persons per day). Alternately,the applicant can
provide evidence from the EPA that they are not subject to the EPA, Class
V, requirements.
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F. The existing access on Gray Street shall be abandoned, and the proposed
access from Gray Street shall be utilized. Written or physical evidence of
such shall be submitted to the Department of Planning Services.
G. Gray Street is maintained by Weld County. The alley onto 5th Street shall be
upgraded with six (6) inches of class six (6) aggregate base coarse for its
20-foot width. 5th Street should be upgraded to an all-weather surface
between the alley and Gray Street.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 18th day of April, A.D., 2007.
��..� BOARD OF COUNTY COMMISSIONERS
,�� I\ I / **e'tL UUNTY, C LO DO
ATTEST: jbl jai 4� I`. �a J c�7.� c<
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'MI l £1 _ Ham.� E. Long, Chair
Weld County Clerk to the Boa* %+O _
N:"i/, 41;wiam . J Pro-Tem
4t--I
Cle to the Board
Willis F. Gar '
O DAST a 1 _
Robert D. Mas en
ours Attorney b . o
Douglasademach r
Date of signature: II l u I
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PL1885
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CARR COMMUNITY CHURCH
C/O DARLENE BLANEY AND KEN GUNTER
USR #1599
1. The Site Specific Development Plan and Use by Special Review Permit#1599 is for a Public
and Quasi-Public Building, including a Church (intended to serve as a traditional worship
facility, and also as an outreach to the community for various gatherings, weddings,
celebrations and graduation parties)in the A(Agricultural)Zone District, and 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. Consistent with the approved Stormwater Drainage Plan, the historical stormwater flow
patterns and runoff amounts will be maintained on the site in such a manner that it will
reasonably preserve the natural character of the area,and prevent property damage of the
type generally attributed to runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding or storm runoff.
4. Landscaping and screening on the site shall be maintained in conformance with the Use by
Special Review Permit Plan Map at all times.
5. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration,development, completion, re-completion,re-entry,production and
maintenance operations associated with existing or future operations located on these
lands.
6. 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.
7. 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.
8. 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.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District, as delineated in Section 25-12-103, C.R.S.
11. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The water system shall comply with the Colorado Primary Drinking Water Regulations
(5 CCR 1003-1).
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KEN GUNTER (USR #1599)
PAGE 2
12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the church.
13. 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 Individual
Sewage Disposal Systems. Septic system permit#SP-0500183 has been issued.
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
15. A building permit shall be obtained prior to the construction of any new building.
16. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan and shall bear the wet stamp of a Colorado registered architect or
engineer. Two (2) complete sets of plans are required when applying for each permit. A
Code Analysis Data sheet,provided by the Weld County Department of Building Inspection,
shall be included with each building permit application.
17. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2005 National Electrical Code,and Chapter29 of
the Weld County Code.
18. The building will be classified as A-3(church) occupancy. The maximum occupancy load
will be determined at the Site Plan review. Occupancy loads of 300 or more require
additional requirements of a manual fire alarm system, and an automatic fire sprinkler
system. The applicant shall contact the Nunn Fire Protection District for its requirements.
Fire resistance of walls and openings,construction requirements, maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by Chapter 23 of the Weld County Code.
19. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
20. The right-of-way or easement shall be a graded and drained road,to provide an all-weather
access.
21. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum
size requirement. If the applicant chooses to place a larger culvert, the Department of
Public Works must be contacted to adequately size the culvert.
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KEN GUNTER (USR#1599)
PAGE 3
22. Off-street parking spaces shall be surfaced with gravel,asphalt,concrete,or the equivalent,
and shall be graded to prevent drainage problems.
23. Parking lots shall conform to all standards of the Americans with Disabilities Act (ADA),
including the identification of the ADA space with appropriate symbols and signs.
24. All structures shall meet the requirements of Section 23-3-50 of the Weld County Code for
setbacks and offsets.
25. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
26. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
27. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
28. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
29. Weld County Government personnel 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
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 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.
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