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Home My WebLink About20050396.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1492 FOR A CHURCH IN THE A (AGRICULTURAL) ZONE DISTRICT - GREELEY ASSEMBLY OF GOD 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 23rd day of February,2005,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Greeley Assembly of God Church,60121st Avenue,Greeley,Colorado 80631,for a Site Specific Development Plan and Use by Special Review Permit#1492 for a Church in the A (Agricultural)Zone District on the following described real estate, to-wit: Lot C of Recorded Exemption#3860;being part of the N1/2 NW 1/4/4 of Section 30,Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS,said applicant was represented by Reverend Rigoberto Magana,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.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. Section 22-2-60 (A.Goal 2)of the Weld County Code states,"Conversion of agricultural land to urban-scale residential, commercial, and industrial uses will be considered when the site is located in an approved Intergovernmental Agreement area,Urban Growth Boundaryarea,I-25 Mixed Use Development Area,or urban development nodes,or where adequate services are currently available or reasonably attainable." The site is located within the City of Greeley Urban Growth Boundary and is proposed to be serviced by public water from the North Weld County Water District and public sewer from the City of Greeley. 2005-0396 PL1763 �r : PL , PW /4U&7 3 SPECIAL REVIEW PERMIT#1492 - GREELEY ASSEMBLY OF GOD CHURCH PAGE 2 b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District. Section 23-2-40.E.1 of the Weld County Code provides for churches under Section 23-2-40.E.2 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. The site is adjacent to a single family residence to the north, agricultural land to the west and south, and office buildings associated with the former ConAgra headquarters facility are located to the east. 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 site is located within the Urban Growth Area of the City of Greeley. The City of Greeley, in its referral response dated November 18, 2004, provided comments regarding the design and layout of the site. City of Greeley comments are addressed through the attached Conditions of Approval. e. Section 23-2-230.6.5 - 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. 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 site is located on land that is designated as"prime" per the 1979 U.S.D.A.Prime Farmlands Map of Weld County. However,the proposed use is located on an existing developed site and is only 20 acres in size. 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 Greeley Assembly of God Church for a Site Specific Development Plan and Use by Special Review Permit#1492 for 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: A. Every sheet of the plat shall be labeled USR-1492. 2005-0396 PL1763 SPECIAL REVIEW PERMIT#1492 - GREELEY ASSEMBLY OF GOD CHURCH PAGE 3 B. The plat shall be amended to delineate the following: 1) The attached Development Standards. 2) Weld County Road 66 is designated on the Weld County Road Classification Plan as a collector status road,which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of Weld County Road 66 shall be delineated on the plat as right-of-way reservation for future expansion of Weld County Road 66. This road is maintained by Weld County. 3) The required number of parking spaces approved by the Department of Planning Services as required by Appendix 23-B of the Weld County Code. C. The applicant shall attempt to address the requirements and concerns of the City of Greeley, Office of Community Development, Planning Division, as stated in the referral dated November 17, 2004. Written evidence of such shall be provided to the Department of Planning Services. D. The applicant shall attempt to address the recommendations of the Weld County Sheriffs Office, as stated in the referral dated November 28, 2004. E. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. F. The applicant must provide evidence the area within Amended USR-764 has been vacated. 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 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. 3. 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 mapsco.weld.co.us. 2005-0396 PL1763 SPECIAL REVIEW PERMIT#1492 - GREELEY ASSEMBLY OF GOD CHURCH PAGE 4 4. Prior to release of Building Permits: A. The applicant shall address the requirements of the Department of Building Inspection, as stated in its referral dated November 9, 2004. B. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or noncontiguous 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.cdphe.state.co.us/wq/PermitsUnit for more information. 5. Prior to Certificate of Occupancy: A. The applicant shall provide evidence that water service is in place from the North Weld County Water District. 6. Prior to Operation: A. The applicant shall post a"One-way"sign at the entrance to this facility due to the fact that the existing configuration of the access is not at a 90-degree angle with Weld County Road 66. 7. 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 orii,,;,„`wing vote on the 23rd day of February, A.D., 2005. S. tLa' BOARD OF COUNTY COMMISSIONERS • •�1 �� /�/�'v" WELD COUNTY, COLORADO ss v � William H. Jer , Chair • • • =:441rIty Clerk to the Board 4.10.4.17173/4(A., �ff� 9 M. . eile, (roem Deputy Clerk tote Board \� Dav ca- ) & .org AP,PRO D AS TO Robert D. Masde unty Attorney i 'i " Glenn Vaad Date of signature: 2005-0396 PL1763 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS GREELEY ASSEMBLY OF GOD CHURCH USR#1492 1. The Site Specific Development Plan and Use by Special Review Permit #1492 is for 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. 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. The facility shall utilize the existing public water supply(North Weld County Water District). 9. Adequate toilet and hand washing facilities shall be provided for employees,congregation members, and visitors of the facility. 10. The facility shall utilize the existing sewage treatment system. 11. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 12. The applicant shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 13. Effective January 1,2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the County-Wide Road Impact Program. 14. The landscaping on the site shall be maintained in accordance with the approved Landscape Plan. 15. A building permit shall be obtained prior to the construction of any new building or the addition and/or remodel of any existing building. 2005-0396 PL1763 DEVELOPMENT STANDARDS - GREELEY ASSEMBLY OF GOD CHURCH (USR#1492) PAGE 2 16. The congregation shall be limited to a maximum of 901 people (to meet seating requirements) as stated in the application materials. 17. Sources of light shall be shielded so that beams or rays of light do not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. 18. In accordance with the Uniform Fire Code (UFC, 1997 Edition), approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 19. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 20. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 21. Personnel from Weld County government 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. 22. 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. 23. 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. 2005-0396 PL1763 Hello