HomeMy WebLinkAbout20050397.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
loved by Bryant Gimlin, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1492
APPLICANT: Greeley Assembly of God Church
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot C RE-3860, Pt N2NW4 of Section 30, T6N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Application for Site Specific Development Plan and Special Review Permit for a church in
the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 66; approx 1/4 mile east of CR 37.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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 churches under Section 23-2-40.E.2 as a Use
by Special Review in 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.
EXHIBIT
2005-0397 1 r
Use.4ILicit
Resolution USR-1492
Greeley Assembly of God
Page 2
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 Planning Commission's 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)
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 Sheriffs)
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)
Resolution USR-1492
Greeley Assembly of God
Page 3
"*" G. Tthe applicant must provide evidence the area within AmUSR-764 has been vacated.
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@co.weld.co.us.
(Department of Planning Services)
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/wq/PermitsUnit for more information. (Department of Public Health and
Environment)
rte. 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)
6. 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)
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 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)
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)
�7. 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)
Resolution USR-1492
Greeley Assembly of God
Page 2
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. 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. (Eaton Fire Protection District)
21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-
240, Weld County Code.
22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-
250, Weld County Code.
23. 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.
24. 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.
25. 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.
Motion seconded by James Rohn
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Tonya Strobel
Chad Auer
Doug Ochsner
James Welch
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the
Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and
foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on
January 4, 2005.
D9ted the 4th of January, 2005.
\ \S2ie/1- YYictU
Voneen Macklin
Secretary
- y - 920905
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot 1, 2, 3, and 4- N2NW4; Lot 6 SW4 NE4 30-2-66; Lot 3 E2 NE4 25-2-67
platted as The Lupton Meadows Land Co. Division 3 of the 6th P.M., Weld
County, Colorado.
REQUEST: An Amendment to a Site Specific Development Plan and a special Review
Permit for a Mineral Resource Development Facility, including open pit
mining and materials processing; including Asphalt and Concrete Batch
Plants, in the A (Agricultural)Zone District
LOCATION: 1/2 mile south of CR 18 and 'A mile west of State Highway 85.
James Rohn moved to approve the Consent Agenda. Tonya Strobel seconded. Motion carried
The following cases will be Heard:
SET HEARING DATE FOR: USR-1350
PLANNER: KIM OGLE
APPLICANT: AGGREGATE INDUSTRIES
Kim Ogle, Department of Planning Services, indicated this case was originally presented in 2001. Staff is
asking the case be heard on February 15, 2005.
Michael Miller asked why the need for this process. Mr. Ogle stated this case was heard by a previous
Planning Commission back in October 2001. At that time the applicant asked for the application to be
tabled indefinitely so they could address concerns from the Core of Engineers specific to a river crossing
and wetlands mitigation. The applicants have obtained the needed permits and are making an addendum to
the existing application. Staff comments will be mailed on February 1, 2005 containing the addendum.
Staff is asking for a specific hearing date because it was tabled.
Michael Miller asked why Planning Commission had to go through this process to set a hearing date. Mr.
Ogle stated it was an indefinite continuance by the Board of County Commissioners. Mr. Morrison added
the membership of the Planning Commission has changed so the original application materials will need to
be referred to. Those will be provided by the applicant.
James Rohn moved to set the hearing date for USR-1350 for February 15, 2005. Bryant Gimlin seconded.
Motion carried.
CASE NUMBER: USR-1492
APPLICANT: Greeley Assembly of God Church
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Lot C RE-3860, Pt N2NW4 of Section 30, T6N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Application for Site Specific Development Plan and Special Review Permit
for a church and private school in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 66; approx 1/4 mile east of CR 37.
Chris Gathman, Department of Planning Services presented Case USR-1492, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. Staff is recommending the
description of the site be revised to delete private school.
James Rohn asked when ConAgra had this site and what the use was. Mr. Gathman indicated he was not
sure how long the operation has been at this location. It may have been a non conforming use that was in
place prior to the use by special review process.
Bryant Gimlin asked for clarification on the hours of operation in the Development Standards, they were not
specific to weekdays and weekends. a ,
i� .�.
Angel Flores, representative for the applicant, provided additional information. Mr. Flores indicated the
hours are on Sundays from 8:00am to 1:30 pm with some evening activities that are from 4:30pm - 9:00 pm.
There is also a Wednesday evening service from 7:00pm - 9:00pm. Those are the typical congregation
hours. The office hours are Tuesday- Friday from 9:00am -4:30pm. Mr. Gathman agrees that the
Development Standard needs to be clarified. Mr. Flores added this is a good opportunity and a great
location. They were unable to obtain a site in Greeley. This site is 21 acres and will suit future needs also.
Bryant Gimlin asked if the congregation was primarily from Greeley. The reason for this is if the majority of
the congregation was coming from Eaton they would need to make a left turn onto Hwy 85 and that
presents a dangerous situation. Mr. Flores indicated that most of the congregation comes from north
Greeley so they would be going south on Hwy 85.
Doug Ochsner asked how many are in the congregation. Mr. Flores indicated that it varies but the typical
number is between 600-700.
James Rohn asked if the hours of operation could be Monday- Friday 9:00am to 9:00 pm and Sunday from
8:00am to 1:00pm. Mr. Gathman asked Mr. Flores about the office hours of operation being Tuesday
through Sunday but there is a Wednesday night service. Mr. Flores indicated the Wednesday night
services typically run from 8:00 pm to 9:00pm. Mr. Miller indicated he would be in favor of the hours being
from 8:00am to 9:00pm and not limiting the days of the week because the schedule may change. Mr. Rohn
added there was no residences in the area. Mr. Ochsner asked why there was a need for hours at all. This
location does not impact anyone even if they were there until 10:00pm. The concern would be if the
congregation wanted to have a special New Years Eve this would limit that ability. This is not hours of
operation for a business. Mr. Miller asked if there was any requirement to set hours of operation. Mr.
Gathman stated not on churches.
r
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Michael Miller indicated there needed to be a motion to approve staff changes in the description to remove
private school.
Bryant Gimlin moved to incorporate staff suggestion for rewording the description of the site. James Rohn
seconded. Motion carried.
Bryant Gimlin moved to delete Development Standard 20 and renumber. Bruce Fitzgerald seconded.
Motion carried.
Chris Gathman added that there was an approved AmUSR-764 that would need to be vacated. Mr.
Gathman added it would only be a partial vacation because the elevators to the east would still remain
intact. Mr. Miller asked if the remaining property would need to file an amended USR. Mr. Morrison stated
that if the use has been discontinued it can be vacated and the two uses are not tied together. A partial
vacation could be done. It needs to be included in Prior to Recording the Plat that a partial vacation be
done for the portion of AmUSR-764. When this is done the current owner of the elevators to consent to the
vacation so there will be no confusion. Mr. Miller asked if this was something the applicant could do or is it
something the owner of the original USR would need to vacate. Mr. Morrison stated the owner of the land
would need to do this but the applicant can vacate the portion they own. Mr. Gathman stated the church
owns a recorded exemption lot. They do not own the agricultural lots to the east so they would need to
coordinate with the additional owner. Mr. Miller clarified that the church portion of the property has changed
hands but the USR did not go with it. Mr. Morrison stated that the USR was probably still in effect
n depending on the original language. Mr. Morrison suggest language be added in Prior to Recording the Plat
/ that the applicant provide evidence the area within AmUSR-764 has been vacated.
Chris Gathman stated the property to the east must be in transition because there is no owner listed. This
item can be addressed.
r"•,% James Rohn moved to accept the language presented by Mr. Morrison. Bryant Gimlin seconded. Motion
carried.
Bryant Gimlin moved that Case USR-1492, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. James Rohn seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. James
Welch, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Doug Ochsner,
yes; Bruce Fitzgerald, yes. Motion carried unanimously.
Michael Miller commented he would like to commend the church and Swift for finding a good use for the
property.
CASE NUMBER: AmUSR-1293
APPLICANT: Roy& Margaret Patton, Dawn Kanzler do Denise Gibbons with Tetra
Tech
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County,
Colorado.
REQUEST: An amended Site Specific Development Plan and a Special Review permit
for a Major Facility of a Public Utility (Co-location on an existing 150 foot
Monopole Antenna Tower and the addition of an equipment shelter) in the
A(Agricultural)Zone District
LOCATION: West of and adjacent to CR 15; approximately 1/4 mile south of CR 18.
Jacqueline Hatch, Department of Planning Services presented Case AmUSR-1293, reading the
recommendation and comments into the record. The Department of Planning Services is recommending
denial of the application based on the IGA with the Town of Firestone.
Bryant Gimlin asked for clarification on the annexation process into the Town of Firestone specifically
concerning the right of way on CR 15. The Town of Firestone indicated they have nothing to do with the
road but Weld County Public Works has indicated it was within their jurisdiction. Mr. Carroll indicated Town
of Firestone has annexed the road and the right of way adjacent to the property. The access is dealt with
through Public Works. Mr. Morrison added that access must still be dealt with regardless of who has
jurisdiction, it does make it more difficult with split jurisdiction. Mr. Gimlin asked who's responsibility was it
to notify the town that the right of way does need to be determined, the applicant or staff? Mr. Miller added
the town has been adequately notified of the application, if they annexed CR 15 they should know the own
it. There does not seem to be any issues about the access. Mr. Carroll stated he has no issues with
access,just the width of the road for fire access. Mr. Rohn asked Ms. Hatch when the original USR was
processed and how close was the site to the town and what was the town's opinion at that time. Ms.
Hatch indicated that was not researched. Mr. Fitzgerald indicated the town was approximately% mile west
when the original USR was done.
Denise Gibbons, representative for applicant, indicated Stacy Mathis from Tetra Tech will be speaking
regarding the annexation process. Mr. Mathis indicated that Mr. Patton, the property owner, needs to sign
an annexation agreement with the Town of Firestone and they are at an impasse. The annexation
agreement is all encompassing and this is just a small development. The annexation agreement would
make sense for someone who wants to develop a large portion of the lot. Mr. Patton is asking to expand an
existing use by 300 square feet. The annexation agreement wants 15 feet of right of way for the entire front
of the parcel. It seems as the Town of Firestone is asking for so much in return for Mr. Patton getting a
couple extra hundred dollars a month. Mr. Mathis indicated that the Town of Firestone can involuntary
annex once the site has been surrounded for three years. The applicant decided to come through the
county so they could get the building permit and the Town of Firestone could annex whenever they wanted
to.
Hello