HomeMy WebLinkAbout20011057.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1319 FOR A PUBLIC AND QUASI PUBLIC BUILDING (CHURCH) IN THE A
(AGRICULTURAL) ZONE DISTRICT - FOURWAY BAPTIST 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 9th day of
May, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Fourway Baptist Church, 9966 Weld County Road 41, Fort Lupton, Colorado
80621, do AgPro Environmental Services, LLC, 4311 Highway 66, Suite 4, Longmont,
Colorado 80504, for a Site Specific Development Plan and Use by Special Review
Permit#1319 for a Public and Quasi Public Building (church) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
Part of the NW1/4 of Section 16, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Thomas Haren, AgPro Environmental
Services, LLC, 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.B.1 —The proposed use is consistent with Chapter 22
of the Weld County Code 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.
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SPECIAL REVIEW PERMIT#1319 - FOURWAY BAPTIST 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 23-3-40.E.1 of the Weld County
Code provides for Churches as a Use by Special Review in the A
(Agricultural) Zone District.
c. Section 23-2-230.B.3—The uses which will be permitted will be
compatible with the existing surrounding land uses, which 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 23-2-230.B.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.B.5—The site does not lie within any Overlay Districts.
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 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 Fourway Baptist Church.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Fourway Baptist Church for a Site Specific
Development Plan and Use by Special Review Permit#1319 for a Public and Quasi Public
Building (church) in the A (Agricultural) Zone District on the hereinabove described parcel of
land be, and hereby is, granted subject to the following conditions:
1. The attached Development Standards for the Use by Special Review Permit
shall be adopted and placed on the Use by 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 Recorders Office within 30 days of approval by the Board of County
Commissioners.
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SPECIAL REVIEW PERMIT#1319 - FOURWAY BAPTIST CHURCH
PAGE 3
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.
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.
c. The parking area shall be surfaced gravel, asphalt, concrete or
equivalent and shall be graded to prevent drainage problems.
d. ADA placards shall be located directly in front of all ADA parking spaces.
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.
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 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.
b. The applicant shall provide evidence to the Weld County Departments of
Public Health and Environment and Planning Services that the well has
been appropriately permitted/registered with the Colorado Department of
Public Health and Environment, Water Quality Control Division.
c. The facility shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld
County Departments of Public Health and Environment and 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.
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SPECIAL REVIEW PERMIT#1319 - FOURWAY BAPTIST CHURCH
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d. 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.
e. The applicant shall submit a deed describing the entire property as
recorded via Subdivision Exemption #697, recorded June 26, 1998.
f. 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.
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 balled and burlapped (B & B).
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.
g. The applicant shall apply, 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.
4. Prior to the release of building permits:
a. The applicant shall submit two complete sets of blueprints to the Building
Department.
5. 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.
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SPECIAL REVIEW PERMIT#1319 - FOURWAY BAPTIST CHURCH
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ilin't3/44.` EXCUSED
e AN, JE LE%M. J. Geile, Ch 'r
Weld County Clerk to the B3 rd gi .
i �j - ,', •:$ ��enn Vaa
BY: 'i/,t,. • /.�.,:� �...
Deputy Clerk to the Bo. ® '�,� /�1✓
�`����� Willi . Jerke
A O M: o
D vid E. Lo
ounty A ounty ornee
Robert . Masden
2001-1057
PL1509
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FOURWAY BAPTIST CHURCH
USR#1319
1. The Site Specific Development Plan and Use by Special Review Permit #1319 is 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.
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.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
7. Adequate toilet facilities and hand washing facilities shall be provided for the public.
8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and
handled in a safe manner (Section 25-8-205.5 Colorado Water Quality Control Act and
Rules and Regulations).
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).
10. Fugitive dust shall be controlled on this site.
11. The landscaping on site shall be maintained in accordance with the approved Landscape
Plan.
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 the 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.
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DEVELOPMENT STANDARDS - FOURWAY BAPTIST CHURCH (USR#1319)
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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 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.
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.
2001-1057
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