HomeMy WebLinkAbout20030487.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1411 FOR A CHURCH IN THE A(AGRICULTURAL) ZONE DISTRICT -
CHRIST COMMUNITY 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 12th day
of March, 2003, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Christ Community Church, 301 Front Street, Roggen, Colorado
80652, for a Site Specific Development Plan and Use by Special Review Permit#1411 for a
Church in the A (Agricultural) Zone District on the following described real estate, to-wit:
Lot A of Recorded Exemption #3226; being part of
the SW1/4 of Section 6, Township 2 North, Range
62 West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Fred Becker, 43745 Highway 52,
Roggen, Colorado 80652, 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.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.D (A.Goal 4.) states, "Conversion of agricultural
land to non-urban 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." The proposed church site was
established to lie outside of an existing pivot sprinkler on land that
is designated "Other" by the U.S.D.A. Soil Conservation Services.
The church should have minimal impact on the surrounding
2003-0487
PL1652
SPECIAL REVIEW PERMIT#1411 - CHRIST COMMUNITY CHURCH
PAGE 2
properties. The only home adjacent to the site will be screened by
a row of cedars to be planted along the northern property
boundary. The church has not submitted evidence of adequate
water at this time. Regulations allow one well permit to be issued
per individual/organization in the aquifer. The applicants are
intending to transfer the well permit that is servicing the existing
church. The Division of Water Resources has indicated in
telephone conversations that to the best of their knowledge, given
that regulations do not change, the applicants should not have
any difficulty transferring the well permit to the proposed site.
However, the Division was unwilling to put this conversation in
writing. Without going through the transfer process and
subsequent review, they could not make any commitments.
b. Section 23-2-230.B.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.
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 east, west and south are agricultural. Proposed
landscaping shall mitigate the impact to the residence to the north.
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 does not lie within a three-
mile referral area for any municipality, therefore, it is not impacted by any
adopted Master Plans of affected municipalities.
e. Section 23-2-230.6.5 -- The application complies with Section 23-5 of the
Weld County Code. Building Permits issued on the lot will be required to
adhere to the fee structure of County Wide Road Impact Program Area 4.
f. Section 23-2-230.B.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 "Other" by the U.S.D.A. Soil
Conservation Services. No prime agricultural land will be taken out of
production.
g. Section 23-2-230.B.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.
2003-0487
PL1652
SPECIAL REVIEW PERMIT#1411 - CHRIST COMMUNITY CHURCH
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Christ Community Church for a Site Specific
Development Plan and Use by Special Review Permit #1411 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. The plat shall be labeled USR #1411.
B. The plat shall be amended to meet all requirements of
Section 23-2-260.D of the Weld County Code.
C. The applicant shall submit a Screening/Landscape Plan which includes
the following information:
1) The applicant shall demonstrate how the proposed plant material
will be watered, as allowed by authorities of appropriate
jurisdictions.
2) The applicant has not delineated any on-site sign(s) beyond Stop
signs. If any additional on-site sign(s) are desired, the signs shall
adhere to Sections 23-4-90.A and .B of the Weld County Code.
One identification sign per principal use shall be allowed, provided
that the sign does not exceed sixteen (16) square feet in area per
face. Further, the location of the sign, if applicable, shall be
delineated on the Screening/Landscape and Site Plan.
3) The Screening/Landscape Plan shall indicate a site for a trash
collection that is sufficiently screened from adjacent public
rights-of-way and adjacent properties. These areas shall be
designed and used in a manner that will prevent trash being
scattered by wind or animals.
4) The applicant shall indicate on-site lighting, including security
lighting, if applicable.
D. Weld County Road 73 is designated on the Weld County Transportation
Plan Map 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 30
feet from the centerline of Weld County Road 73 shall be delineated on
the plat as right-of-way. An additional 10 feet shall be delineated
reservation for future expansion of Weld County Road 73. This road is
maintained by Weld County.
E. The applicant shall provide evidence that adequate parking will be
available for the new multi-purpose building and the old church. Per
2003-0487
PL1652
SPECIAL REVIEW PERMIT#1411 - CHRIST COMMUNITY CHURCH
PAGE 4
Appendix 23-B of the Weld County Code, the number of off-street
parking spaces required for a church is one space for every four seats of
building rating. Parking for the multi-purpose building is not specifically
addressed, therefore, the applicant shall be required to provide one
space per occupant load. If required, additional parking shall be
indicated on the plat.
F. The applicant shall address and adhere to the Americans with Disabilities
Act (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. A certain
portion of the structure will also be required to meet the accessibility
requirements. 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 Christ Community Church elect
to not adhere to the previously discussed Federal Standards, this office
requests that the Church outline how its proposed site design mitigates
the requirements of the Americans with Disabilities Act.
G. The applicant shall indicate on the plat drawing the flow of the stormwater
drainage from a fully developed site channeled to the detention pond
area. It shall also show how the stormwater is retained and released at a
historical rate as not to damage adjacent property. If drainage culverts
are required at both entrances, 15-inch corrugated metal pipe is the
minimum requirement size. Evidence of Weld County Department of
Public Works approval shall be submitted to the Weld County
Department of Planning Services.
H. The applicant shall indicate on the plat access points that are a minimum
of 24 feet in width to accommodate two-way traffic with adequate turning
radiuses and Stop signs. Evidence of Weld County Department of Public
Works approval shall be submitted to the Weld County Department of
Planning Services.
The applicant indicated the drives and the parking area will be crushed
concrete. Crushed concrete makes a good, stable parking lot, but can be
dusty. As an alternate suggestion, the applicant may want to evaluate
recycled asphalt, as it holds the dust down.
J. The plat shall be amended to delineate the attached Development
Standards.
K. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate
collateral for all transportation items (access drive, parking areas,
etcetera) and non-transportation items (plant materials, fencing,
2003-0487
PL1652
SPECIAL REVIEW PERMIT#1411 - CHRIST COMMUNITY CHURCH
PAGE 5
screening, signage, etcetera). The agreement and form of collateral shall
be reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the Use by Special Review plat.
L. 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 as listed in the referral dated December 26, 2002.
3. Prior to issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado Registered
Professional Engineer according to the Weld County I.S.D.S.
Regulations.
C. The applicant shall submit evidence to the Department of Planning
Services that the lot has an adequate water supply of sufficient quality,
quantity, and dependability.
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 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.
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.
2003-0487
PL1652
SPECIAL REVIEW PERMIT#1411 - CHRIST COMMUNITY CHURCH
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of March, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: ( ` / ist
7 � �'�wr David E. Long, Chair
Weld County Clerk to o' �{
Q;�
EXCUSED e
i ' Robert D. Masden, Pro-Tem
BY:
Deputy Clerk to the Board EXCUSED DATE OF SIGNING (AYE)
M. J. Geile
RO D AS TO FORM. `tt 1(
Will H. Jerke
unty Attorney ` - 1LUA
Glenn Vaad �2
Date of signature: 11/I
2003-0487
PL1652
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHRIST COMMUNITY CHURCH
USR#1411
1. The Site Specific Development Plan and Use by Special Review Permit#1411 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. The proposed building must meet the minimum offset and setback requirements listed in
Section 23-3-50 of the Weld County Code.
4. The landscaping on site shall be maintained in accordance with the approved
Screening/Landscape Plan. Dead or diseased plant materials shall be replaced with
materials of similar quantity and quality at the earliest possible time.
5. 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.
6. 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.
7. 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.
8. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
9. Fugitive dust shall be controlled on this site.
10. 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.
11. Adequate hand washing and toilet facilities shall be provided for employees and patrons
of the church.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
2003-0487
PL1652
DEVELOPMENT STANDARDS - CHRIST COMMUNITY CHURCH (USR#1411)
PAGE 2
15. Prior to the release of the Certificate of Occupancy, the applicant shall submit evidence
to the Department of Planning Services that an adequate water supply of sufficient
quality, quantity, and dependability has been obtained.
16. Potential purchasers should be aware that approval of this Use by Special Review
Permit does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non-buildable if the lot owner is unable to obtain a well permit. The Colorado
Division of Water Resources issues all well permits.
17. All off-street parking will utilize curb or wheel blocks if no curb is provided. For
compliance of Federal regulations, ADA parking spaces shall have a paved surface.
18. Access points shall be at least 24 feet in width to accommodate two-way traffic with
adequate turning radiuses and Stop signs.
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 Departments of Planning Services, Public Works, and
Public Health and Environment 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.
2003-0487
PL1652
Hello