HomeMy WebLinkAbout20051033.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1499 FOR A PUBLIC AND QUASI-PUBLIC BUILDING (CHURCH) IN THE
A (AGRICULTURAL) ZONE DISTRICT -WINDSOR ASSEMBLY OF GOD
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 13th day of
April, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Windsor Assembly of God, 416 Oak Street, Windsor, Colorado 80550, for a Site
Specific Development Plan and Use by Special Review Permit#1499 for Public and Quasi-Public
Building (church)in the A(Agricultural)Zone District on the following described real estate,to-wit:
Lot B of Recorded Exemption#2851;being part of the
SW1/4 of Section 4, Township 6 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS,said applicant was represented by Todd Hodges,Todd Hodges Design, LLC,
1269 North Cleveland Avenue, Loveland, Colorado 80537, 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 recommendations 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 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.8.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40.E.1 of the Weld County Code
provides for a Church as a Use by Special Review in the A (Agricultural)
Zone District. Section 22-1-50.D.3.a.2 states, "Conversion of agricultural
lands to non-urban uses will be accommodated only in areas that can
support such development with adequate facilities and services. This allows
low density and low intensity development to occur where appropriate. It
also encourages techniques and incentives such as clustering, restrictive
easements,building envelopes and setbacks to be used to both minimize the
impacts to surrounding properties,as well as conserve lands for agricultural
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production." Section 22-1-120 of the Comprehensive Plan states,"Land use
changes must afford flexibility based on specific location and the particular
circumstances encountered within this locality. It is also important to weigh
the cumulative impacts that specific land use changes will have." This
change is consistent with the surrounding properties,as a Church is allowed
as a Use by Special Review in the A (Agricultural) Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding properties to the north
are agricultural lands that are proposed for a 65-lot residential Planned Unit
Development; and to the east is Moriah Estates, a County-approved
residential subdivision of approximately 24 lots of approximately one(1)acre
each. North Shores at Windsor, a Town of Windsor residential subdivision
of45lots of approximately 2.5 acres each,is south of Weld County Road 72;
and to the west are agricultural lands. This proposal will have little impact to
the surrounding land uses.
d. Section 23-2-230.6.4--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 within the three-mile referral area of the Town of Windsor,Town
of Severance, and Larimer County. The Town of Severance and Larimer
County returned a referral indicating no conflict with their interests. The
Town of Windsor returned a referral requesting that the property and
associated application be forwarded to the Town for annexation. The Town
states, "should Weld County process and approve the subject application,
it is recommended that several Conditions of Approval be integrated into staff
comments, including the request for the applicant to enter into an annexation
agreement with the Town of Windsor prior to recording the Use by Special
Review plat. Such annexation agreement shall require the subject property
to annex to the Town at such time in the future that the property becomes an
enclave as defined by State statute,with such annexation agreement being
recorded with the Weld County Clerk and Recorder."
e. Section 23-2-230.6.5 --The site does not lie within any Overlay Districts.
Building Permits issued on the lot will be required to adhere to the fee
structure of the County-Wide Road Impact Program.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The subject site is designated Prime Irrigated Farmlands of National
Importance by the U.S.D.A. Soil Conservation Services Map, dated 1979.
Continued agricultural production on the site is not economically conducive
due to the shape, size, and development surrounding the parcel.
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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 Windsor Assembly of God,for a Site Specific Development
Plan and Use by Special Review Permit#1499 for Public and Quasi-Public Building(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:
A. The plat shall be amended to delineate the following:
1) All sheets associated with this application shall be labeled USR-1499.
2) The attached Development Standards.
3) The plat shall meet all the requirements of Section 23-2-260.D of the
Weld County Code.
4) Weld County Road 72 is designated on the Weld County Road
Classification Plan as a collector status road which requires eighty
(80)feet at full build out. There is presently sixty feet of right-of-way.
The applicant indicated an additional ten (10)feet of Weld County
right-of-way to be reserved. The Department of Public Works
recommends dedication of the additional ten (10) feet to
accommodate adequate radiuses and any improvements that may
be necessary for any intersection widening that may occur in the
future at this location.
5) As requested by the Town of Windsor, in its referral dated
February4,2005,the applicant shall dedicate additional right-of-way
along the entire length of the south property boundary to bring the
north half of Weld County Road 72 up to the Town's Rural Collector
standard of sixty(60)feet from the centerline,for one hundred twenty
(120) feet total right-of-way.
6) The Colorado Department of Transportation (CDOT), in its referral
dated December 31, 2004, states that the right-of-way for State
Highway 257 is one hundred (100) feet on either side of the
centerline.
7) The church building associated with this facility shall adhere to
Appendix 23-B of the Weld County Code. The number of off-street
parking spaces required for this facility at full build out is 101 spaces.
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8) The applicant shall address and adhere to the American with
Disabilities Act and ADA standards for this facility at all times.
Non-ambulatory/Ambulatory parking spaces shall be identified and
shown on the plat. This site will be required to meet all requirements
of the Americans with Disabilities Act. At least one space must be
van accessible. The parking spaces must be the closest possible to
the entrance. Signing will be required. Curb cuts, ramps and other
methods of providing accessibility shall be required to reasonably
attempt to meet the requirements of this Act. Should the Church
elect to not adhere to the previously discussed Federal standards,
then the Church shall outline how the proposed site design mitigates
the requirements of the Americans with Disabilities Act.
9) The off-street parking spaces, including the access drives, shall be
surfaced with gravel,asphalt,concrete,or the equivalent, and shall
be graded to prevent drainage problems. Differences in surfaces
shall be delineated on the plat.
10) The applicant shall delineate the location of all the parking spaces,
which shall be equipped with wheel guards or curb stops, where
needed,to prevent vehicles from extending beyond the boundaries
of the spaces and from coming into contact with other vehicles,
walls, fences, or plantings.
11) In a letter from the Dow Law Firm, representatives for the Windsor
Reservoir Outlet Ditch, the Firm states this conveyor of water is a
prescriptive ditch that carries with it sufficient room on each side to
operate and maintain the ditch. Windsor Reservoir Outlet Ditch has
historically taken the position that this is a minimum of twenty-five
feet. This shall be delineated on the plat.
B. CDOT has jurisdiction over all accesses to the State Highways. The
applicant shall provide written evidence from CDOT stating that the access
permit, or any additional requirements that may be needed to obtain or
upgrade the permit, have been fulfilled.
C. The applicant shall submit a Traffic Study of the intersection associated with
the proposed use to CDOT. The traffic impact study prepared by Parametrix
was not completed by a professional engineer licensed in the State of
Colorado.
D. The West Greeley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
E. The applicant shall provide written evidence from the Dow Law Firm,
representatives for the Windsor Reservoir Outlet Ditch, stating that the
stormwater from the site may drain into the Windsor Reservoir Outlet Ditch.
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Should an agreement not be in place, the applicant shall submit evidence
that has been approved by Peter Schei, P.E., Department of Public Works,
documenting that the stormwater is conveyed to known points off the site
and is not impacting the Windsor Reservoir Outlet Ditch.
F. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required materials. The agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
G. The applicant shall attempt to address the requirements and concerns of the
Windsor-Severance Fire Protection District, as stated in the referral
response dated January 5, 2005. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to construction:
A. The applicant shall comply with all Department of Building Inspection
requirements.
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 (1) acre in area. Contact the
Water Quality Control Division of the Colorado Department of Public Health
and Environment at www.cdohe.state.co.us/wa/PermitsUnit for more
information.
3. 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 296 persons. 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 applicants shall provide written 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 twenty (20) or more persons per day). Alternately, the
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applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements.
4. 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 plat 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.
5. 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
mausco.weld.co.us.
6. 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 ready to
be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 13th day of April, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
L WELD COUNTY, COLORADO
�..T MiVa4e4 William H. J=, e, Chair
1861 t .-s` Clerk to the Board
® Rs
. . ! eile, Pro- em
1
��►r'eputy Clerk to the Board
D. 'd . Long
O DAST •
Robert I. asden
ount or ey EXCUSED
Glenn Vaad
Date of signature: �-
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
WINDSOR ASSEMBLY OF GOD
USR#1499
1. The Site Specific Development Plan and Use by Special Review Permit#1499 is for a Public
and Quasi-Public Building(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. 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.
4. 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.
5. 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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. The 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.
8. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the Church.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
10. The facility shall utilize the existing public water supply(North Weld County Water District).
11. Bottled water shall be utilized for drinking and hand washing during construction of the
project.
12. Adequate toilet facilities(Port-A-Potty)shall be provided during the construction of the facility.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
14. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
15. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that will reasonably preserve the natural character of the area and not prevent
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property damage of the type generally attributed to run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
16. The site shall be maintained in accordance with the approved Landscape Plan.
17. On-site lighting,including security lighting, if applicable,shall be shielded so that beams or
rays of light will not shine directly onto adjacent properties, and is in accordance with
Section 23-3-250.6.6 of 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. Plans shall include a floor plan and bear the wet
stamp of a Colorado registered architect or engineer. Two complete sets of plans are
required when applying for the permit. Include a Code Analysis Data sheet provided by the
Weld County Building Department with each building permit application.
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. Each building will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
22. Buildings shall meet the accessibility requirements of Chapter 11 of the Uniform Building
Code and CABO/ANSI A117.1-1992.
23. The building will be classified as A-3 (Church) occupancy, and occupant load will be
determined at the plan review. Occupant loads of 300 or more require additional
requirements of a manual fire alarm system and an automatic fire sprinkler system. Contact
the Windsor-Severance Fire Protection District for its requirements. Fire resistence 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.
24. 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
Chapter23 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.
25. Hours of operation shall be from 7:00 a.m. to 9:00 p.m. each day, with extended hours of
6:00 a.m. to 10:00 p.m., May through early September of any given year.
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26. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
27. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
28. 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.
29. 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.
30. 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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