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HomeMy WebLinkAbout20050398.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Greeley Assembly of God Case Number AMUSR-1492 Submitted or Prepared Prior to At Hearing I Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 6b Sign Posting Affidavit and sign picture X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X 4 Referrals with comments X Weld County Department of Public Works referral received 10/27/2004(3 pages) X Weld County Department of Public Health and Environment referral received X 11/29/2004 (2 pages) Weld County Zoning Compliance Officer referral received 10/20/2004 X Weld County Department of Building Inspection referral received 11/9/2004 (2 X pages) Department of Planning Services Landscape referral received 10/20/2004 X Eaton Fire Protection District referral received 12/1/2004 (2 pages) X Weld County Sheriffs Office referral received 11/28/2004 X City of Greeley Community Development referral received 11/17/2004 (2 pages) X Colorado Department of Transportal:ion referral received 11/15/2004 X Eaton School District RE-2 referral received 10/28/2004 X 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits 6a 1/4/2005 memo to Planning Commission X 7 Planning Commission Resolution I hereby certify that the 15 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. ejChriis _ Chris Gathman •'r Planner 2005-0398 Mss . 401)({1;;; COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: USR- 1492 Hearing Date: January 4, 2005 (Continued from 12/21/2004) Applicant: Greeley Assembly of God Church Address: 601 2151 Avenue, Greeley, CO. 80301 Request: A Site Specific Development Plan and a Special Review Permit for a church and private school in the A(Agricultural)Zone District Legal Description: Lot C of RE-3860 Part of the N2NW4 of Section 30, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 66; approximately 1/4 mile east of County Road 37. Size of Parcel: +/-20 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 10/20/2004 • Weld County Department of Public Health and Environment, referral received 11/29/2004 • Weld County Department of Public Works, referral received 10/27/2004 • Weld County Department of Building Inspection, referral received 11/9/2004 • Eaton Fire Protection District, referral received 12/1/2004 • Eaton School District, referral received 10/28/2004 • Weld County Long Range Planner, referral received 10/20/2004 • Colorado Department of Transportation, referral received 11/15/2004 • Weld County Sheriff's Office, referral received 11/30/2004 • City of Greeley, referral received 11/18/2004 3a ' Greeley Assembly of God Church USR-1492 1 AttVir W in 0 • SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO Planner: C. Gathman Case Number: USR-1492 Hearing Date: January 4, 2005 (Continued from 12/21/2004) Applicant: Greeley Assembly of God Church Address: 601 21st Avenue, Greeley, CO. 80301 Request: A Site Specific Development Plan and a Special Review Permit for a church and private school in the (A)Agricultural Zone District Legal Description: Lot C of RE-3860 Part of the N2NW4 of Section 30, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 66; approximately 1/4 mile east of County Road 37. Parcel Size: +/-20 acres Parcel Number: 0803 30 000001 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.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 boundary area, 1-25 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 North Weld County Water District and public sewer from the City of Greeley. B. Section 23-2-220.A.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 Greeley Assembly of God Church USR-1492 2 the A(Agricultural)Zone District. C. Section 23-2-220.A.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 Con Agra headquarters facility are located to the east. D. Section 23-2-220.A.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 their 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 23-2-220.A.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 Road Impact Program. (Ordinance 2002-11) F. Section 23-2-220.A.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 USDA 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 23-2-220.A.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 health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services'staff recommendation for approval is conditional upon the following: 1. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners. (Department of Planning Services) B. If signs are proposed, the applicants shall submit a signage plan to the Department of Planning Services. The size of the proposed sign shall not exceed 32 square feet per Section 23-4-80 of the Weld County Code. (Department of Planning Services) Greeley Assembly of God Church USR-1492 3 2. Prior to recording the plat: A. Every sheet of the plat shall be labeled USR-1492. (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. 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 County Road 66 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 1. This road is maintained by Weld County. (Department of Public Works) 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. (Department of Planning Services) C. The applicant shall complete all proposed improvements regarding access improvements and parking lot requirements to the satisfaction of the Department of Public Works or 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 USR plat. (Department of Planning Services) D. The applicant shall attempt to address the requirements/concerns of the City of Greeley— office of Community Development—Planning Division as stated in their referral received November 17, 2004. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) E. The applicant shall attempt to address the recommendations of the Weld County Sheriffs Office as stated in the referral dated December 1, 2004. (Weld County Sheriff's) F. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 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 Department of Planning Services' Staff. 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. (Department of Planning Services) 4. The Department of Planning Services respectively 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(rilco.weld.co.us. (Department of Planning Services) Greeley Assembly of God Church USR-1492 4 5. Prior to release of building permits: A. The applicant shall address the requirements of the Department of Building Inspection as stated in their referral dated November 9, 2004. (Department of Building Inspection) 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 acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wp/PermitsUnit for more information. (Department of Public Health and Environment) 6. Prior to Certificate of Occupancy: A. The applicant shall provide evidence that water service is in place from the North Weld County Water District. (North Weld County Water District) 7. Prior to Operation: A. The applicant shall post a one-way sign at the entrance to this access point due to the fact that the existing configuration of the access is not at 90 degrees at County Road 66. (Department of Public Works) 8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Greeley Assembly of God Church USR-1492 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Greeley Assembly of God Church USR-1492 1. The Site Specific Development Plan and Special Use Permit is for a church and private school in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment) 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, 30-20-100,5, C.R.S. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 8. Adequate toilet facilities shall be provided for the public. (Department of Public Health and Environment) 9. The facility shall utilize the existing public water supply (North Weld County Water District). (Department of Public Health and Environment) 10. Adequate toilet and handwashing facilities shall be provided for employees and congregation members and visitors of the facility. (Department of Public Health and Environment) 11. The facility shall utilize the existing sewage treatment system. (City of Greeley) 12. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 13. The applicant shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) Greeley Assembly of God Church USR-1492 6 r 14. Effective January 1, 2003, Building Permits issued on the proposed site will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 15. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. (Department of Planning Services) 16. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 17. A building permit shall be obtained prior to the construction of any new building or the addition and/or remodel of any existing building. (Department of Building Inspection) 18. The congregation shall be limited to a maximum of 901 people (to meet seating requirements) as stated in the application materials. (Department of Planning Services) 19. 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. (Department of Planning Services) 20. Office hours shall be 9:00 A.M. to 5:00 P.M. Tuesday-Friday and 8:00 A.M. to 12:00 P.M. & 4:30 P.M. to 9:00 P.M. as stated in the application materials. (Department of Planning Services) 21. 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 r"` legible from the street or road fronting the property. (Eaton Fire Protection District) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 24. Personnel from the 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. 25. The 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. 26. 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. /^• Greeley Assembly of God Church USR-1492 7 ess DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 ' 918 10th STREET GREELEY, COLORADO 80631 COLORADO October 20, 2004 Greeley Assembly of God Church 601 21 th Ave Greeley CO 80631 Subject: USR-1492- Application for Site Specific Development Plan and Special Review Permit for a church and private school in the A(Agricultural)Zone District on a parcel of land described as Lot C RE-3860, Pt N2NW4 of Section 30, T6N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for December 21, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department,4209 CR 24'/3,Longmont,Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Greeley Planning Commission for their review and comments. Please call Greeley at 970-350-9780 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, Chris Gathman Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS December 25, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I,Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1492 IN THE A (AGRICULTURAL) ZONE DISTRICT. Chris Gathman Name of Person Posting Sign&IA AdO 1/4594 di-LetA„,_ Signature of Person Posting Sign STATE OF COLORADO ) ss. 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I. 1 . k ti ir . 7 • • -. 4-4 ;Lt-- i. as y 41 4; . • _° ' - _ :1t ;) I , i . i. .. ,.. .L .� 7 t r J i Z.# �„ r - _ } to, — yam. L 1 t 1%. .-f "- Fl "— .. : sue _ ▪ ��.w _ -_ y• 'iFa .mssri i --- ...c.....,:. . . ter... f _""_? __ycni-{ "+n!-'�r.F t7—t" . fir.__ _.;,�_..a �- s. _ r • i IA t J • yilf. a ;\ `• t . . ipY, J w J IA 0 • I. c T` FIELD CHECK inspection date: December 10, 2004 CASE NUMBER: USR 1492 APPLICANT: Greeley Assembly of God Church LEGAL DESC: Lot C of RE-3860 Part of the N2NW4 of Section 30, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 66; approximately 1/4 mile east of County Road 37. Zoning Land Use N A (Agricultural) N Cropland E A (Agricultural) E Agricultural Facility (crop elevators...) S A (Agricultural) S Cropland W A (Agricultural) W Cropland Existing buildings on site (former home of Con Agra headquarters). Existing paved parking area. Chris Gathman Planner II, AICP Hello