HomeMy WebLinkAbout992136.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1217 FOR A CHURCH IN THE A (AGRICULTURAL) ZONE DISTRICT - FAITH
TABERNACLE CHURCH, % DANNY PERDEW
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 8th day of
September, 1999, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of
hearing the application of Faith Tabernacle Church, % Danny Perdew, 13248 Weld County
Road 72, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review
Permit#1217 for a Church in the A (Agricultural) Zone District on the following described real
estate, to-wit:
Lots 2, 3, 4, 5, 6, and 7, Block 1, Peterson-
Alexander Subdivision; being part of Section 16,
Township 5 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing on September 8, 1999, the Board deemed it advisable to
continue this matter to October 13, 1999, to allow the applicant adequate time to resolve issues
regarding the Boomerang Lateral Ditch located on the property, and
WHEREAS, said applicant was represented by Danny Perdew at said hearing on
October 13, 1999, and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards
for review of said 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 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as
follows:
a. Section 24.4.2.1 -- This proposal is consistent with the Weld County
Comprehensive Plan. The site is located within the City of Greeley's
Urban Growth Boundary Area as defined in the Weld County
Comprehensive Plan. UGB.Goal 2 in the Weld County Comprehensive
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SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, % DANNY PERDEW
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Plan states, "...concentrate urban development in or adjacent to existing
municipalities and maintain urban growth boundary areas that provide an
official designation between future urban and non-urban uses."
Churches, in nature, are considered an urban type development.
A.Goal 3 discourages urban scale residential, commercial, and industrial
development that is not located adjacent to existing incorporated
municipalities. P.Goal 2 requires adequate facilities and services to
assure the health, safety, and general welfare of the present and future
residents of Weld County.
b. Section 24.4.2.2 -- This proposal is consistent with the intent of the R-1
(Low Density Residential) Zone District. Public and quasi public buildings
including churches are allowed in the Low Density Residential Zone
District upon approval of a Special Use Permit, as stated in Section
32.2.4.4.
c. Section 24.4.2.3 -- The proposal is consistent with Section 24.4.2.3 of the
Weld County Zoning Ordinance, and will be compatible with existing
surrounding land uses. Surrounding properties include vacant hands,
agricultural uses and residential development. The use of the church
does not appear to be incompatible with existing uses of the surrounding
area.
d. Section 24.4.2.4 -- The proposed uses will be compatible with future
development of the surrounding area as permitted by the R-1 (Low
Density Residential) Zone District and with the future development as
projected by the Comprehensive Plan or Master Plan of the affected
municipality. As previously stated, the proposed site lies within the City of
Greeley's Urban Growth Boundary Area as defined in the Weld County
Comprehensive Plan. The City of Greeley has reviewed this request and
has indicated that the use at this site is acceptable according to its
Comprehensive Plan. The City has also indicated that religious
institutions are allowed in land use categories designated commercial and
in residential areas with a Use by Special Review Application
e. Section 24.4.2.5 -- The proposal is located within the City of Greeley's
Urban Growth Boundary area as defined in the Weld County
Comprehensive Plan. The site is not located within any Overlay District
Areas identified by maps officially adopted by Weld County.
f. Section 24.4.2.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the
proposed Church. The site is not presently farmed, thus the proposal will
not remove farm ground from production.
g. Section 24.4.2.7 - The Design Standards (Section 24.5 of the Weld
County Zoning Ordinance), Operation Standards (Section 24.6 of the
Weld County Zoning Ordinance), Conditions of Approval, and
Development Standards ensure that there are adequate provisions for
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SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, % DANNY PERDEW
PAGE 3
the protection of the health, safety and welfare of the inhabitants of the
City of Greeley and the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Faith Tabernacle Church, % Danny Perdew, for
a Site Specific Development Plan and Special Review Permit#1217 for a 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 Special Review Permit shall be
adopted and placed on the Special Review Plat prior to recording. The
completed plat shall be delivered to the Department of Planning Services and be
ready for recording in the Weld County Clerk and Recorder's Office within 60
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
a. A primary and secondary septic system envelope shall be designated for
the septic system which is capable of serving the proposed Family Life
Center. The primary envelope shall be designated for the initial system,
while the secondary envelope shall be preserved in the event the initial
septic system should fail. The location of the envelope must be approved
by the Weld County Department of Public Health and Environment and
placed on the plat. Evidence of approval by the Weld County Department
of Public Health and Environment shall be submitted to the Department of
Planning Services.
b. A secondary septic system envelope shall be designated for the septic
system intended to serve the Sanctuary. This envelope shall be
preserved in the event the initial septic system should fail. The location
of the envelope must be approved by the Weld County Department of
Public Health and Environment and be placed on the plat. Evidence of
approval by the Weld County Department of Public Health and
Environment shall be submitted to the Department of Planning Services.
c. A primary and secondary septic system envelope shall be designated for
the septic system that will serve the Parsonage. The primary building
envelope shall be designated for the initial system, while the secondary
envelope shall be preserved in the event the initial septic system should
fail. The location of the envelopes must be approved by the Weld County
Department of Public Health and Environment.
d. The applicant shall submit a Stormwater Retention Facility Plan to the
Weld County Public Works Department for approval. The facility shall be
designed to retain storm water runoff for the fully developed site. It
should be designed to release water at a quantity and rate not to exceed
the quantity and rate of a five-year storm falling on an undeveloped site
The applicant shall submit evidence of approval by the Public Works
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SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, % DANNY PERDEW
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Department to the Department of Planning Services. Upon approval, the
location of the facility shall be placed on the plat.
e. The applicant shall pave and stripe all internal streets, parking lots and
loading areas. Additionally, the applicant shall provide curb, gutter and
sidewalks.
f. The applicant shall install an adequately sized cross culvert and Stop sign
at the two approved access points onto Weld County Road 29 (71st
Avenue). Weld County Road 29 (71st Avenue) is designated a collector
status road with an Average Daily Traffic Count of approximately 800
vehicles in a 24-hour period.
g. The City of Greeley has identified Weld County Road 29 (71st Avenue)
as a minor arterial and has annexed within one-half mile of this location.
The typical cross section reflecting the minor arterial requires 90 feet of
right-of-way between intersections and 120 feet at the intersection.
There is presently 60 feet of right-of-way and an additional 15 feet shall
be reserved for future build out. Attached to the referral received from
the Department of Public Works dated July 13, 1999, (Exhibit 22, page 3)
is the Minor Arterial Detail #S5 from the City of Greeley to verify the
typical cross section. The cross section shall be placed on the plat.
h. The south access is identified as US Highway 34 Bypass (Frontage
Road). The applicant is indicating a two-way entrance road into the
property. The applicant shall meet or exceed the design standards set
forth by the Colorado Department of Transportation for ingress and
egress into the property demonstrated via a road improvements plan.
Evidence of this activity shall be approved by Public Works and/or the
Colorado Department of Transportation and submitted to the Department
Planning Services.
The applicant shall submit evidence to the Department of Planning
Services of completion of a Traffic Impact Analysis Study. All analysis
information and reports shall be prepared and certified by a professional
engineer competent in traffic engineering.
j. The applicant shall enter into and receive acceptance of a Road
Improvements Agreement between the applicant and Weld County.
k. The applicant is indicating that 150 to 200 people will utilize this site. The
plan shall delineate sixty-three (63) parking spaces available for Phase
One. The Weld County Departments of Public Works and Planning
Services state that this is an adequate number of parking spaces for
Phase One. The Department of Public Works requires the parking lot,
apron, access and internal circulation be paved and that the parking
areas include curb and gutter and be striped.
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SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, % DANNY PERDEW
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I. The applicant shall submit evidence of attempts to address the concerns
of the City of Greeley, as listed in the letter dated June 1, 1999, to the
Weld County Department of Planning Services.
m. The applicant shall apply for a Resubdivision to vacate 70th Avenue
Court, adjacent to Block 1, Lots 2, 3, 6, and 7 of the Peterson-Alexander
Subdivision, and replat in order to eliminate Lots 2, 3, 4, 5, 6, and 7 of
Block 1.
n. The applicant shall enter into an agreement with the parties receiving
water from the Boomerang Lateral Ditch, which ensures delivery of
irrigation water across the applicant's property is uninhibited by the
relocation of the ditches or show that reasonable steps have been taken
to ensure continued uninhibited delivery of water in the absence of an
agreement.
o. A detailed Landscaping Plan identifying the number, size and species of
landscaping buffering materials shall be submitted to the Department of
Planning Services for review and approval. The plan shall also address
maintenance of the landscape materials and potential replacement of
dying materials, and the approved plan shall be delineated on the plat
map.
p. The applicant shall delineate in writing the parameters of Phase One and
Phase Two activities.
3. Prior to issuance of building permits:
a. The applicant shall submit to the Weld County Building Inspection
Department, blueprints to determine the type of construction, occupancy
and any other code requirements applicable to the proposed structures
The foundation, structural and electrical plans shall be certified by a
Colorado State licensed engineer.
4. Prior to release of the Certificate of Occupancy Permit:
a. The applicant shall provide documentation to the Department of Planning
Services demonstrating the site is in compliance with the Colorado
Department of Public Health and Environment regarding the septic
system.
5. Should the possibility of City of Greeley sewer become available sometime in the
future, the Weld County Department of Public Health and Environment will
recommend that Faith Tabernacle consider constructing the appropriate sewer
lines and build in this option prior to constructing the new structures. All
structures shall connect to the City of Greeley sanitation sewer system when it is
within 400 feet of the property if the City of Greeley allows them to connect to its
system.
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SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, % DANNY PERDEW
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of October, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
//��`,�` D COUNTY, COL.RAPO
ATTEST: a�4444/4
cG1 �..le K. Hall, Chair
Weld County Clerk to the �. t -1,4*�
CUSED
(f2 f arbara J. Kirkmeyer, Pro-Tem
BY: Gts4.
Deputy Clerk 10 the Boar
Geor a E. ter_
APPROVED AS TO FlIORM:
/ M. J. eile
c
--c
c f i
ty Attorney— tle+kc G
Glenn Vaad �—
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FAITH TABERNACLE CHURCH, CIO DANNY PERDEW
USR#1217
1. The Site Specific Development Plan and Special Use Permit #1217 is for a Church in
the R-1 (Residential) Zone District, as indicated in the application materials on file and
subject to the Development Standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
4. Unless approved in accordance with the regulations promulgated pursuant to the Solid
Waste Act, Section 30-20-100.5, C.R.S., no permanent disposal of wastes shall be
permitted a: 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. Fugitive dust shall be controlled on this site.
7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A),
as measured according to Section 25-12-102, C.R.S.
8. The applicant shall provide adequate toilet facilities (Port-A-Potties) during construction
of the facility.
9. The septic system for the sanctuary is designed for 300 persons per day. In the event
the congregation or visitors to the sanctuary exceed 300 persons on any given day, the
facility shall appropriately increase the design capacity of the septic system that serves
that structure. The capacity shall be increased in accordance with the Weld County
I.S.D.S. Regulations.
10. An engineer designed septic system shall be installed in the future for the Family Life
Center Building according to the Weld County I.S.D.S. Regulations.
11. Any structure that will serve a septic system and have a design hydraulic flow of greater
than 3,000 gallons (according to the Weld County I.S.D.S. Regulations), must receive
approval of the Colorado Department of Public Health and Environment in accordance
with the Regulations for the Site Application Process (5 CCR 1002-11.)
12. The property owner shall obtain and utilize City of Greeley water for potable and
irrigation uses.
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DEVELOPMENT STANDARDS - FAITH TABERNACLE CHURCH, % DANNY PERDEW
(USR #1217)
PAGE 2
13. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, or the City of Greeley
Standards, whichever is more stringent.
14. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
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 ens Jre the activities carried out on the property comply with the Development
Standards s:ated hereon 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 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.
18. At such time the applicant, or future applicant applies for a building permit for any
structure in Phase Two, or the use exceeds 200 uses at any one time on the site, then
the Departments of Planning Services, Public Health and Environment, and Public
Works will review the Conditions of Approval and Development Standards for the case
to determine compliance. Weld County staff will review the Phase Two application for
usability of the site and functionality. A change of use will constitute a substantial
change to Use by Special Review Permit#1217.
19. 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.
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