HomeMy WebLinkAbout20011058.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bryant Gimbal 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:
PLANNER: Kim Ogle
CASE NUMBER: USR-1319
APPLICANT: Four Way Baptist Church
ADDRESS: 9966 WCR 41, Fort Lupton, CO 80621
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Public and Quasi
Public Building (Church) in the A(Agricultural)Zone District
LEGAL DESCRIPTION: Part of the NW4 of Section 16, Township 2 North, Range 65 West of the
6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 22 and east of and adjacent to Weld County
Road 41
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 ordinances in effect. Section 22-2-60.A.1 states "preserve
prime farmland for agricultural purposes which foster the economic health and continuance
of agriculture." The Church facility has been located on this parcel since 1961 and serves
the rural community throughout the area. Additionally, no prime farm land will be taken out
of production with this proposal.
b. Section 23-2-220.A.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 Churches 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. Surrounding land uses are in agricultural production. One
residence is located in close proximity,directly adjacent to the east. The proposed facility
has been located on this property since the early sixties and serves the spiritual needs of
the community at large who are predominately associated with agriculture.
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 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.
EX141i1T
2001-1058
RESOLUTION, USR-1319
Fourway Baptist Church
Page 2
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
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 subject property is
designated"Other"by the United States Department of Agricultural Soils Map dated 1979.
Further for the last forty years, this property has been utilized as a church property for the
Four Way Baptist Church.
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. The attached Development Standards for the Special Review Permit shall be adopted and placed
on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld
County Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 30 days of approval by the Board of County Commissioners. (Department
of Planning Services)
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2. The Plat shall be amended to delineate the following:
a. Weld County Roads 41 and 22 are designated on the Weld County Transportation Plan
Map as collector status roads,which require eighty(80)feet of right-of-way at full build out.
There is presently sixty(60)feet of right-of-way.A total of forty(40)feet from the centerline
of Weld County Roads 41 and 22 shall be delineated on the plat as right-of-way reservation
for future expansion of Weld County Roads 41 and 22. These roads are maintained by
Weld County. (Department of Public Works)
b. All driveways and drainage culverts shall be designated on the Plat. Further,the proposed
new points of access shall be delineated,including the placement of a stop sign at all points
of egress. The northwest parking area shall include a block out section at the end of the
parking area to accommodate the last two adjacent parking spaces turnaround capability.
(Department of Public Works)
c. The parking area shall be surfaced gravel, asphalt, concrete or equivalent and shall be
graded to prevent drainage problems. (Department of Public Works)
d. ADA placards shall be located directly in front of all ADA parking spaces. (Department
of Public Works)
e. Weld County's Right to Farm as delineated in Chapter 22, Appendix 22-E of the
Comprehensive Plan shall be added to the plat. (Department of Planning Services)
3. Prior to recording the plat:
a. The facility shall install an engineer designed septic system to handle the hydraulic load for
a congregation of 254 people. The system design shall comply with all County and State
Laws, Regulations and Policies (specifically Colorado Department of Public Health and
RESOLUTION, USR-1319
Fourway Baptist Church
Page 3
Environment,Water Quality Control Division Policies WQSA-6 and WQSA-8). Evidence
of approval by the Weld County Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Planning Services,
Department of Public Health and Environment)
b. The applicant shall provide evidence to the Weld County Department of Public Health and
Environment, and the Department of Planning Services, that the well has been
appropriately permitted/registered with the Colorado Department of Public Health and
Environment, Water Quality Control Division. (Department of Planning Services,
Department of Public Health and Environment)
c. The facility shall comply with the Colorado Primary Drinking Water Regulations (5 CCR
1003-1). Evidence shall be provided to the Weld County Department of Public Health and
Environment and the Department of Planning Services that indicates the system complies
with the Regulations. Evidence of approval by the Colorado Department of Public Health
and Environment, Water Quality Control Division shall be submitted to the Department of
Planning Services. (Department of Planning Services, Department of Public Health and
Environment)
c. The applicant shall submit a storm water drainage plan to the Weld County Department of
Public Works for review and approval. Evidence of approval shall be submitted to the Weld
County Department of Planning Services. (Departments of Public Works, Planning
Services)
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d. The applicant shall submit a deed describing the entire property as recorded via Subdivision
Exemption number(SE-697). Date of recording June 26, 1998.
e. The applicant shall include in the Landscape Plan the following information:
1. An installation schedule which specifies when the landscaping will be installed on
site. (Department of Planning Services)
2. A Plant Material List specifying the Botanical and Common names of all plant
material to be installed;the size of the plant material at installation and whether the
plant material is to be containerized or B&B. (Department of Planning Services)
3. A landscape maintenance schedule which specifically states who will perform
maintenance and that maintenance is on-going and shall not end upon final
acceptance by the Department of Planning Services. (Department of Planning
Services)
f. The applicant shall apply for and obtain approval for a Zoning Permit for a Mobile Home
(ZPMH) for the existing mobile home that is presently being utilized as a classroom.
(Department of Planning Services)
4. Prior to the release of building permits:
a. The applicant shall submit two complete sets of blueprints to the Building Department.
(Department of Building Inspection)
b. The applicant shall submit two complete sets of blueprints to the Building Department.
(Department of Building Inspection)
RESOLUTION, USR-1319
Fourway Baptist Church
Page 4
5. 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)
Motion seconded by Michael Miller and staff amended .
VOTE:
For Passage Against Passage Absent
Cristie Nicklas Cathy Clamp
Michael Miller
Arlan Marrs
Bryant Gimlin
Jack Epple
John Folsom
Fred Walker
Stephen Mokray
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,Vicki Hamilton, 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 April 3, 2001.
Dated the 3" lof April,.
11 , c1/4:2%
Vicki Hamilton
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Four Way Baptist Church
USR-1319
1. The Site Specific Development Plan and a Special Review Permit 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. (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. (Department of Public Health and
Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone
District as delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
7. Adequate toilet facilities and hand washing facilities shall be provided for the public. (Department
of Public Health and Environment)
8. All pesticides,fertilizer, and other potentially hazardous chemicals must be stored and handled in
a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and
Regulations thereof. (Department of Public Health and Environment)
9. The water system shall maintain compliance with the requirements for a public water system as
defined in the Primary Drinking Water Regulations(5 CCR 1003-1). (Department of Public Health
and Environment)
10. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment)
11. The landscaping on site shall be maintained in accordance with the approved Landscape Plan.
(Department of Planning Services)
12. In the event the congregation exceeds 254 people at any one service or the facility is used for
gatherings of greater than 254 people, the facility shall appropriately enlarge its' septic system or
provide alternative means of disposal for sewage generated on the property. Any modifications to
the sewage disposal system shall comply with Weld County Code and all rules and regulations of
the Water Quality Control Division of the Colorado Department of Public Health and Environment.
13. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
14. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
15. Personnel from the Weld County Departments of Public Health and Environment and Planning
Services 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.
16. 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.
17. 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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