HomeMy WebLinkAbout20061348.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1540 FOR A ROPING/RODEO ARENA AND A PUBLIC AND QUASI-PUBLIC
BUILDING, INCLUDING A CHURCH, IN THE A(AGRICULTURAL) ZONE DISTRICT -
CHURCH BARN, LLC
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 14th day of
June, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Church Barn, LLC, 134 Oak Street, Eaton, Colorado 80615, for a Site Specific
Development Plan and Use by Special Review Permit#1540 fora Roping/Rodeo Arena and 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:
Lot B of Recorded Exemption#3961;being part of the
SE1/4 of Section 10, Township 6 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Robb Casseday, Casseday Creative
Designs, LLC, 55 South Elm Avenue, Suite 210, Eaton, Colorado 80615, 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 County's agricultural
industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon
agriculture." The proposed ministry center is intended to serve both
as a traditional worship facility,and as an outreach to the agricultural
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SPECIAL REVIEW PERMIT#1540 - CHURCH BARN, LLC
PAGE 2
community in the form of hosting 4-H clubs,serving the rodeo circuit,
and providing youth activities.
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
facilities are located on a site surrounded by agricultural uses. The
equestrian uses,the pole barn architecture,the location on the site,
planned landscaping and other screening, and the proposed
Development Standards all assist in the goal of ensuring that the
proposal is compatible with the region.
b. Section 23-2-230.B.2 -- The proposal is consistent with the intent of the
A(Agricultural)Zone District. The proposed use is for a maximum 350-seat
church building,a small prayer chapel,an existing residence,a large indoor
riding/roping/rodeo arena and barn, parking, and ancillary structures. The
entire facility would serve as a worship center, congregational start-up
center, youth center, and general community facility. Section 23-3-40.E.1
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. . . are
primarily intended for conducting organized religious services and
associated accessory uses." The various proposed accessory uses,while
not commonly associated with churches, are described by the applicant in
some detail,as integrated into the mission of the organization. Furthermore,
these uses are consistent with other potential Uses by Special Review
allowed under Sections 23-3-40.B.17 and 18, such as roping arenas,
recreational facilities, and uses that generally support the farming and
agriculture history found in Weld County.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding uses include
agriculture and associated housing and supportfacilities. The applicant has
indicated that landscaping will be provided for the site and will be
concentrated along the roads, and the intersections of Weld County
Roads 33 and 70. The site is undera zoning violation due to the arena being
used for congregating with large numbers in regular attendance without an
approved site plan,therefore,a Use by Special Review Permit would remedy
this violation. Other Conditions of Approval concerning traffic, lighting,
etcetera,along with the proposed Development Standards,will ensure that
the site is compatible with the surrounding uses.
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d. 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 midway between the Town of Eaton and the City of Greeley;
however, it does not lie within the Intergovernmental Agreement (IGA) or
Urban Growth Boundary (UGB) areas for either municipality. Future
surrounding uses are likely to remain the same as those current uses
described above. The subject property lies within the three-mile referral area
for the Town of Eaton and the City of Greeley; however, neither expressed
any concerns with the proposal.
e. Section 23-2-230.6.5--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
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.
f. Section 23-2-230.6.6—The applicant has demonstrated a diligent effort to
conserve prime irrigated farmland. The applicant indicated that the proposed
uses support and promote the agrarian lifestyle and,that while the land is not
being proposed for active farming,the uses and design nonetheless support
the intent of this approval criterion. Furthermore,the site lies within a much
larger agricultural holding of approximately 160 acres,which is used actively
and primarily for growing crops.
g. Section 23-2-230.6.7 — 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 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 Church Barn, LLC,for a Site Specific Development Plan
and Use by Special Review Permit#1540 fora Roping/Rodeo Arena and a 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 Use by Special Review Permit Plan Map:
A. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Weld County Department of Public Health and Environment, with
evidence of approval submitted to the Department of Planning Services.
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B. The Use by Special Review Permit Plan Map shall be amended as follows:
1) All sheets of the plan map shall be labeled USR-1540.
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 be modified to 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) The plan map shall be modified to identify any required drainage
improvements resulting from the Department of Public Work's review
of a drainage plan.
C. 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.
D. The applicant shall submit an on-site storm water drainage plan to Public
Works for review and approval. Evidence of submittal and resolution shall
be provided to the Department of Planning Services.
2. Upon completion of Condition of Approval #1 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.
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
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SPECIAL REVIEW PERMIT#1540 - CHURCH BARN, LLC
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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 issuance of any Building Permits, other than those for existing structures,
as needed to bring structures into compliance:
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. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than,or equal to,one acre in area. The applicant shall
contact the Colorado Department of Public Health and Environment,Water
Quality Control Division atwww.cdphe.state.co.us/wq/PermitsUnitfor more
information.
C. All required plans, plot plans, proposed building details, water supply,
etcetera, shall be submitted to the Eaton Fire Protection District, Fire
Prevention Bureau,for review and approval. The applicant shall contact the
Eaton Fire Protection District for information and any additional requirements
(fee schedule, plan review process, etcetera).
6. Prior to issuance of the Certificate of Occupancy:
A. The applicant shall install an engineer-designed septic system to handle the
hydraulic load for a congregation of 350 people. The system design shall
comply with all county and state laws, regulations and policies. In the event
the septic system(s) 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 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.
B. 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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SPECIAL REVIEW PERMIT#1540 - CHURCH BARN, LLC
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of June, A.D., 2006.
/ BOARD OF OUNTY COMMISSIONERS
/ 4WELD C,J�NW, COLORADO
ATTEST: Ed, I Z.?� �= ��1 /�► Dflit.."J. " e, Chair
Weld County Clerk to the t ccmon
4 WIC_
♦ David E. Long, Pro-Tern
Dep Clerk o the Board
m H. Jerke
APPRO S TO FO
Robert D. Masde
nt A A-4.-lt. 4
Glenn Vaad
Date of signature: Ct(f2c'1cI"
2006-1348
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHURCH BARN, LLC
USR#1540
1. The Site Specific Development Plan and Use by Special Use Permit #1540 is for a
Roping/Rodeo Arena and a Public and Quasi-Public Building, including a Church, in the
A(Agricultural)Zone District,as indicated in the application materials on file 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. The roping/rodeo arena may only be used for public/quasi-public events up to twelve times per
year. Each event must secure a Pemit for Temporary Assemblage from the Weld County
Board of Commissioners prior to the use of the facility, pursuant to Chapter 12 of the Weld
County Code.
4. There shall be no staging or parking of trucks, trailers, or any other vehicles adjacent to the
property on Weld County Roads 33 or 70. Only on-site parking areas shall be utilized for
parking and staging of equestrian and agricultural activities.
5. Consistent with the approved Stormwater Drainage Plan, the historical stormwater flow
patterns and run-off 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 run-off rate and velocity increases, diversions, concentration, and/or
unplanned ponding of storm run-off.
6. Landscaping and screening on the site shall be maintained in conformance with the Use by
Special Review Permit Plan Map at all times.
7. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these lands.
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 in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
11. Fugitive dust and particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan at all times.
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12. 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.
13. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the
church.
14. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems.
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
16. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
17. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
18. A building permit shall be obtained prior to the construction of any new building.
19. A plan review is required for each building for which a building permit is required. All existing
buildings will require building permits. Plans shall include a floor plan and shall bear the wet
stamp of a Colorado registered architect or engineer. Two 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. Building plans shall also be provided to the Eaton Fire Protection District for its
approval.
20. 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, and the 2002 National Electrical Code, and Chapter 29 of the
Weld County Code.
21. The new building will be classified as an 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.
Fire resistance of walls and openings,construction requirements, maximum building height
and allowable areas will be reviewed at the plan review. An automatic fire sprinkler system
may be required,and will also be determined at the plan review. Plans shall be submitted to
the Eaton Fire Protection District for its review regarding automatic fire sprinkler requirements.
Setback and offset distances shall be determined by the Zoning Ordinance.
22. 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
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DEVELOPMENT STANDARDS - CHURCH BARN, LLC (USR#1540)
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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.
23. Paved access along Weld County Road 33 has been approved. The paving improvements
shall consist of additional base and asphalt and an adequate turning radii at the entrance to
the proposed Use by Special Review. The asphalt width shall be a minimum of 24 feet with
four-foot gravel shoulders.
24. Off-street parking spaces and the access drive shall be surfaced with recycled gravel,asphalt,
concrete or the equivalent, and shall be graded to prevent drainage problems.
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. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
27. 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 Program.
28. The property owner or operator shall be responsible for complying with the Design Standards
of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. 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.
31. 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.
32. 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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