HomeMy WebLinkAbout20242377.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: September 3, 2024
Case Number: USR21-0024
Owner: St. Scholastica Catholic Parish in Erie/Archdiocese of Denver
1300 S Steele St Denver, CO 80210-2526
Applicant: St. Scholastica Catholic Parish in Erie
575 Wells Street, Erie, CO 80516
Representative: Tim Uhrik, PE
TAIT & Associates, Inc.
6163 E. County Road 16, Loveland, CO 80537
Site Address: 649 State Highway 52, Erie, CO 80516
Request: A Site Specific Development Plan and Use by Special Review for a Church (Church, associated
classroom, rectory and office spaces - St. Scholastica Catholic Church), outside of subdivisions
and historic townsites, in the A (Agricultural) Zone District
Legal Subdivision Exemption SUBX13-0012; Being part of the SE4 of Section 31, T2N, R68W, of the
Description: 6th P.M., Weld County, Colorado
Location: North of and adjacent to State Highway 52 and approximately 3,100 feet east of County Road
1
Size of Parcel: ± 9.38 acres Parcel No. 1313-31-4-00-016
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Weld County Department of Public Health and Environment, referral dated March 1, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated February 21,
2023
➢ Weld County Department of Planning Services — Floodplain Administrator, referral dated March 31,
2023
➢ Town of Frederick, referral dated June 27, 2024
➢ Left Hand Water District, referral dated June 12, 2024
➢ Mountain View Fire Protection District, referrals dated December 14, 2021 and June 14, 2024
➢ Weld County Oil & Gas Energy Department, referral dated June 11, 2024
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Erie, referral dated June 13, 2024 and June 14, 2024
USR21-0024 - St Scholastica
Page 1 of 10
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Weld County Assessor's Office
➢ Weld County Department of Planning Services - Code Compliance
➢ Weld County Department of Building Inspection
➢ Weld County Floodplain Coordinator
➢ Weld County School District RE -1
➢ Longmont Conservation District
➢ Boulder County
➢ Colorado Department of Transportation (CDOT)
Case Summary:
The applicant is proposing to operate a church facility under the name of St.Scholastica Catholic Church.
A classroom, rectory and office spaces along with a church (worship facility). The applicant intends to
remodel the existing residence onsite (constructed in 1968) to serve as a rectory and contain parish offices,
the existing warehouse (that formerly served as a print shop and originally constructed in 1968) will be
remodeled into a classroom and religious education center. An existing garage and pole building will
remain. The pole barn will be potentially utilized for storage. The applicant is proposing to add a 4,500
square foot building to serve as a new church facility. A parking lot for 88 parking spaces (this includes four
(4) accessible parking spaces adjacent to the church). The applicant proposes to add approximately 8,000
square feet of landscaping next to the new church building. Remaining areas disturbed by construction
(approximately 49,000 square feet) will remain in native grasses.
This application was originally submitted in 2021. The application has been revised on two occasions since
2021: The application was revised in 2023: 1) to close the western existing access point on the property
and propose two access points (one access located on adjacent property to the west and one at the far
eastern end of the property 2) relocate the church building location and 3) relocate the septic system
location. The application was revised in 2024 to 1) remove the proposed access on Town of Erie property
and 2) relocate the eastern right in/right out access further to the west, relocate improvements outside of
the f loodplain, the parking lot location was modified and accel/decel lands were added. These changes are
included in the application and site plan before you.
The facility is proposed to be served by the Left Hand Water District and by a new OTWS (septic) system.
Left Hand Water District responded that a Tap Availability Request form and Commercial Supplemental
Form will be required for building submittals associated with this project.
A total of 3-4 full-time staff personnel will onsite 9 AM — 5 PM daily. The facility will be open for masses on
Tuesdays at 6 PM, Wednesdays at 9 AM, Thursdays at 6 PM and Fridays at 9 AM. Weekend masses will
be held on Saturdays at 4 PM and Sundays at 8:30 AM, 11:30 AM, and 5:30 PM. Religious education
classes will be held on Sundays at 9:30 AM and 10:30 AM. The application estimates that the facility (in
addition to onsite employees) will be accessed by up to forty (40) people during afternoon and evening
Monday — Friday. On Saturdays it is estimated 100 people would attend the facility and up to 350 people
on Sundays.
A portion of State Highway 52 is located within the boundaries of Lot B of RECX13-0045 to the south of the
USR property. The owner of Lot B RECX13-0045 is in the process of donating this 0.65 acre parcel to the
Colorado Department of Transportation. The Colorado Department of Transportation stated in an e-mail
response dated 7/7/24 that there are no red f lags would prevent issuing access permits and have no issues
should the applicant move forward with the access permitting process.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
USR21-0024 - St Scholastica
Page 2 of 10
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 22-2-30 Land Use Goals
Section 22-2-30.C. Harmonize development with surrounding land uses. The proposed church
facility is a use that can serve the surrounding residential population. Conditions of approval
landscaping conditions are attached to address compatibility with the surrounding area.
Section 22-2-30.C 1. Transition between land use types and intensities with buffers. Uses that
are incompatible with existing uses must be able to mitigate conflicts.
The property is adjacent to the municipal limits of the Town of Frederick. The Town of Frederick
is processing a proposed residential subdivision to the east of this property and is requesting
a landscaping buffer between the church and this property. Also, berming and landscaping is
requested to block headlights and views of the parking lots. Town of Frederick referral
comments/requests are attached as a condition of approval for this case.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District.
Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the County is
considered a valuable resource which must be protected f rom adverse impacts resulting f rom
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
County. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for
areas for natural resource extraction and energy development, without the interference of
other, incompatible land uses."
Section 23-3-40.G of the Weld County Code allows churches as a Use by Special Review
outside of subdivisions and townsites.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
Adjacent land consists of a variety of uses including residential subdivisions and a dock diving
facility to the south.
A gravel mining operation (SUP -248 is located to the north along with several reclaimed gravel
pits (lakes). The nearest residences are located approximately 900 feet to the west, 400 feet
to the east and 500 feet to the south of the proposed church facility.
There are multiple Use by Special Review permits within one (1) miles of the site including
multiple mining USRs, an RV park and waste water treatment facility, a children's shelter and
Dock Diving facility. Five (5) residential subdivisions and PUDs are located to the south.
The Weld County Department of Planning Services sent notice to nine (9) Surrounding Property
Owners. No response has been received f rom surrounding property owners in regards to this
case.
The proposed use is in an area that can support this development and t he Conditions of
Approval require that the applicant submit a Landscaping/Screening Plan. The Development
Standards and Conditions of Approval will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses and the region.
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
USR21-0024 - St Scholastica
Page 3 of 10
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 3 -mile referral area f or the Town of Erie and the Town of Frederick.
The Town of Erie stated that they have no conflict with their interests in their referral response
dated June 14, 2024.
The Town of Frederick, in their referral response dated June 27, 2024 states that: improvement
and access should incorporate the Right -of -Way Preservation Corridor as identified in the
Highway 52 Planning and Environmental Linkages study (PEL) for this portion of the corridor.
Frederick requests a landscape buffer with evergreen to screen the parking lot f rom the
property to the east. Berming with landscaping is also recommended to block views of the
parking lot and headlights. Height of parking lights should be minimized to avoid future conflicts
with the proposed subdivision to the east (in Frederick Town limits). The property is adjacent
to the Municipal limits of Frederick to the east and Town of Erie municipal limits are located to
the south and to the west.
The Town of Frederick Comprehensive Plan Land Use Map is identified as parks and open
space.
The Town of Erie Comprehensive Plan Land Use Map identifies this property as A griculture
and an area of special consideration.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, 1-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or Agricultural Heritage Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required
to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs.
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 property has existing buildings and improvements and is not in crop production. The
majority of the property (78%) is identified as "Farmland of statewide importance".
Approximately 15% of the site is identified and Prime Farmland if Irrigated and the product of I
(soil erodibility) x c (climate factor) does not exceed 60.
G. Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached 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 and will address and mitigate impacts on the
surrounding area with the operation of this facility.
This recommendation is based, in part, upon a review of the application materials submitted by the
USR21-0024 - St Scholastica
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applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Development Review)
B. The applicant shall address the comments of the Town of Frederick in regards to screening
lighting and buffering as stated in the referral response dated June 27, 2024. Written evidence
of such shall be submitted to the Weld County Department of Planning Services. (Department
of Planning Services)
C. The applicant shall acknowledge the requirements of the Weld County Oil and Gas Energy
Department as stated in the referral response dated June 1, 2023. Written evidence of such
shall be submitted to the Weld County Department of Planning Services. (Weld County Oil and
Gas Energy)
D. The applicant shall address the requirements of the Mountain View Fire District, as stated in
the referral response letter dated December 14, 2021. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Mountain View Fire
Protection District)
E. The applicant shall address the requirements of the Left Hand Water District, as stated in their
referral comments dated June 12, 2024. Written evidence of such shall be provided to the
Department of Planning Services. (Left Hand Water District)
F. A Lighting Plan shall be submitted to and approved by the Department of Planning Services .
(Department of Planning Services)
G. A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the site from the Surrounding Property Owners and rights -of -
way. (Department of Planning Services)
H. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways. Please contact CDOT to obtain or upgrade the permit. (Development Review)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR21-0024 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A. 13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the landscaping and screening in accordance with the approved
Landscape and Screening Plan. (Department of Planning Services)
USR21-0024 - St Scholastica
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6. The map shall delineate the onsite lighting in accordance with the approved Lighting Plan.
(Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. Show and label all recorded easements and rights -of -way shall be delineated on the map
by book and page number or reception number. (Department of Planning Services)
10. Show the Colorado Department of Transportation (CDOT) right-of-way on the plat along
with the documents creating the right-of-way. (Development Review)
11. Show the approved Colorado Department of Transportation (CDOT) access on the site plan
and label with the approved access permit number if applicable. Label the existing
accesses "CLOSE AND RECLAIM". (Development Review)
12. Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Development Review)
13. Show and label the parking and traffic circulation f low arrows showing how the traffic moves
around the property. (Development Review)
14. Show and label the f loodplain and f loodway (if applicable) boundaries on the map. Label
the f loodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number.
(Department of Planning Services)
1. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a paper map along with all other
documentation required as Conditions of Approval. The paper map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The paper map and additional requirements shall be submitted within one hundred twenty (120)
days f rom the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
2. In accordance with Appendix 5-J of the Weld County Code, should the map not be recorded within
the specified timeline f rom the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
3. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
4. Prior to the issuance of the Certificate of Occupancy for the proposed Church Structure:
A. An On -Site Wastewater Treatment System (OWTS) is required for the Church and shall be
designed and installed according to the Weld County On -Site Wastewater Treatment System
Regulations. The OWTS is required to be designed by a Colorado Registered Professional
Engineer. (Department of Public Health and Environment)
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5. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is read y to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
USR21-0024 - St Scholastica
Page 7 of 10
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
St. Scholastica
USR21-0024
1. A Site Specific Development Plan and Use by Special Review Permit for a Church (Church,
associated classroom, rectory and office spaces - St. Scholastica Catholic Church), outside of
subdivisions and historic townsites, in the A (Agricultural) Zone District, 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. The maximum numbers of visitors/attendees to the facility shall be a maximum of 350 as delineated
in the application materials. (Department of Planning Services)
4. Any future structures or uses on site must obtain the appropriate zoning and building permits.
(Department of Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
(Department of Planning Services)
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan. (Department of Planning Services)
8. Required landscaping and screening shall be installed within one (1) calendar year of issuance of
a building permit or commencement of use, whichever occurs sooner. Maintenance of the
landscaping shall include, but not be limited to, irrigating, mowing, pruning, and removal of trash
and weeds. Dead or diseased plant materials shall be replaced with materials of similar quantity
and quality at the earliest possible time. (Department of Planning Services)
9. 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. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
10. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
11. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons
of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and
sanitary purposes. (Department of Public Health and Environment)
12. Any on -site wastewater treatment system located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of
Public Health and Environment)
13. 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)
14. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review)
USR21-0024 - St Scholastica
Page 8 of 10
15. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Development Review)
16. Weld County is not responsible for the maintenance of onsite drainage related features.
(Development Review)
17. The historical flow patterns and runoff amounts on the site will be maintained. (Development
Review)
18. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of
Planning Services)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties.
Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in
accordance with the map. 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. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
20. Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various cod es adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2020 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction. (Department of Building Inspection)
21. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (Department of Planning Services)
23. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as
amended. (Department of Planning Services)
24. Necessary personnel from the 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 Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
(Department of Planning Services)
25. 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. (Department of Planning Services)
26. 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. (Department of
Planning Services)
USR21-0024 - St Scholastica
Page 9 of 10
27. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of Board of County Commissioners signed Resolution, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated.
28. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires. The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated. When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use may
have been terminated, the Planner shall send certified written notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit.
29. In such cases where the Use by Special Review has terminated but the landowner does not agree
to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board
of County Commissioners to provide the landowner an opportunity to request that the Use by
Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at
least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the
Use by Special Review has terminated and no good cause has been shown for continuing the
permit, then the termination becomes final, and the Use by Special Review Permit is vacated.
USR21-0024 - St Scholastica
Page 10 of 10
August 9, 2024
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: cgathman@weld.gov
Phone: (970) 400-3537
Fax: (970) 304-6498
UHRICK TIM
6163 E. COUNTY ROAD 16
LOVELAND, CO 80537
Subject: USR21-0024 - A Site Specific Development Plan and Use by Special Review Permit for a
Church (Church, associated classroom, rectory and office spaces) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
SUB EXEMPT SUBX13-0012; PART SE4 SECTION 31, T2N, R68W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 3, 2024 at
1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
18, 2024 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. The property owner and/or authorized agent must be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://aca-
prod.accela.com/WELD/
Respectfully,
/C) '
Chris Gathman
Planner
�t7
From: Chris Gathman
To: Joe Naccarato
Cc: Tim Uhrik; Kristine Ranslem
Subject: RE: 423022 Scholastica Church - USR21-0024 - Floodplain Referral &
Date: Monday, March 20, 2023 9:28:00 AM
Attachments: Redlines Floodplain USR21-0024 3-20-23.pdf
image001.pnq
Dear Joe,
Attached are comments from Diana Aungst (our Floodplain Coordinator) regarding floodplain
requirements regarding the proposed western access. Given all of the access comments/items from
CDOT below we will keep this on hold will not proceed with scheduling Planning Commission and
Board of County Commissioners hearings at this time.
Regards,
Chris Gathman
Planner III
Weld County Department of Planning Services
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
cgathmanPweldgov.com
970-400-3537
From: Joe Naccarato <jnaccarato@TAIT.COM>
Sent: Friday, March 10, 2023 3:05 PM
To: Chris Gathman <cgathman@weld.gov>
Cc: Tim Uhrik <tuhrik@TAIT.COM>; Kristopher Apanian <kapanian@TAIT.COM>; John Bolders
<johnbolders@stscholasticaerie.org>; Fr. Robert Wedow <Pastor@stscholasticaerie.org>; Adam
Hermanson<adam.hermanson@integrationdesigngroup.com>; Summer Schaller
<summer.schaller@integrationdesigngroup.com>; Bilobran - CDOT, Timothy
<timothy.bilobran@state.co.us>; Robert (Mike) Shepherd - CDOT <mike.shepherd@state.co.us>;
Allyson Young - CDOT <allyson.young@state.co.us>; Stephen Simon <stephen@smrocha.com>
Subject: FW: 423022 Scholastica Church
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Chris,
Per our meeting earlier this week, see below latest correspondence with CDOT regarding
our access permits. We will keep you in the loop moving forward.
Thanks!
Joe Naccarato
TAIT & Associates
970-612-5442
This email message, including any attachment(s), is intended only for the recipient(s) named above. It may
contain information that is confidential, privileged, or protected by law. The unlawful use, distribution, or
publication of this information is strictly prohibited. If you receive this communication in error, please notify the
sender immediately by return email and delete the original message, including all attachment(s).
From: Bilobran - CDOT, Timothy <timothy.bilobran@state.co.us>
Sent: Thursday, March 2, 2023 2:56 PM
To: Joe Naccarato <jaccarato@TAIT.COM>
Cc: mike.shepherd@state.co.us; Tim Uhrik <tuhrik@TAIT.COM>; Kristopher Apanian
<kapanian@TAIT.COM>; Allyson Young - CDOT <allyson.young@state.co.us>; Adam Hermanson
<adam.hermanson@integrationdesigngroup.com>; Summer Schaller
<summer.schaller@integrationdesigngroup.com>; John Bolders
<iohnbolders@stscholasticaerie.org>; Fr. Robert Wedow <Pastor@stscholasticaerie.org>; Stephen
Simon <stephen@smrocha.com>
Subject: Re: 423022 Scholastica Church
External Email.
Joe,
Just to update my email this morning, I did speak with Erie development review staff. They are fine
with our organization moving toward issuing the right in / right out access permit and the two
closure access permits. I know you mentioned the Plant access is still under discussions with
Erie. That's ultimately between your organization and the municipality but they did ask me to stop
working on that shared permit. Until this team can produce some sort of written agreement from
the town authorizing you to use that access point and obtain the permit, CDOT officially considers
that access permit as an invalid/withdrawn application since you do not currently possess the legal
right to apply on another's parcel presently.
This has big impacts on your traffic study unfortunately because according to Figure 6, some amount
of your site generated traffic was slated to use that neighboring Access Road. The figures in the
study will need to be reworked and conceivably from what I've seen in the study, there's no way
to remain under the threshold for building a deceleration lane.
In regards to Mike's question earlier regarding sharing the access, with the limits of where the right
of way fence in there still needs to be some level of an access easement on your client's property for
the easterly neighbor to hook into. As drawn right now we cannot conceivably see where the
easterly neighbor could make a westbound egress movement without technically trespassing on this
parcel absent of the easement.
I realized this email does throw a wrench in the plans so please huddle amongst yourselves and let
the group know here what you'd like to do. We will consider your applications paused until we hear
back from you. After today I will be away from the office until March 13th so please leave the other
members of my staff on the email.
Finally, in speaking with Erie they mentioned at one point they heard there could potentially be a
school out there. Is that still the case because that use is not referenced in the study?
Thanks,
Tim
On Thu, Mar 2, 2023 at 1:58 PM Joe Naccarato <jnaccarato@tait.com>wrote:
Hi Mike,
Following up on your email below. It is my understanding that the access along the
eastern property line was placed with the understanding that an ingress/egress easement
would be required for the adjacent property.
For the Change of Use Permit, the Town of Erie and Asphalt Specialties are working
together on an agreement that includes access easements benefitting the Church.
Please confirm whether these easements can be a COA for the NTP.
Thanks!
Joe Naccarato
TAIT & Associates
970-612-5442
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From: Shepherd - CDOT, Robert (Mike) <mike.shepherd@state.co.us>
Sent: Wednesday, March 1, 2023 1:13 PM
To: Tim Uhrik <tuhrik@TAIT.COM>
Cc: Timothy Bilobran - CDOT <timothy.bilobran@state.co.us>; Allyson Young - CDOT
<allyson.young@state.co.us>
Subject: 423022 Scholastica Church
External Email.
Hello, I am working on the permits that you had applied for on behalf of ST.Scholastica Church
that is located on highway 52 and approximately Weld County road 3. Looking at that permit
number 423022 for the "new" access on the east property line, it looks to us according to your
plans that you had attended to put the whole access on the church property. For us looking at the
official Highway 52 Access Control Plan It is showing that that new access will be a shared Right In
Right out movement access shared with the property owner to the east.. This tells us one of two
things needs to happen. 1. would be to move the access to the east putting the centerline of the
access on the property line itself making the access accessible to both properties, We would need
to see some sort of paperwork that a conversation has happened with the neighboring property
owner and agreement on that plan. It will also probably mean that the power pole, not just the
guide wires would need to be moved to make this viable. 2. would be to leave the access where
you have it planned to be and showing us that you have given the neighboring property owner a
easement of some sort to access their property off of this access.
On a second note for the Change of Use Permit 423025, we will need to see paperwork showing
an easement for the church to use the existing driveway that leads to the town of Erie water
treatment plant and to asphalt specialties as it is shown in your plans. If you have any questions
please feel free to reach out to me.
Mike Shepherd
Assistant Access Manager / Utility Permits
P (970)324-4823
10601 West 10th Street, Greeley, CO 80634
Mike.shepherd@state.co.us I http://codot.gov/ I www.cotrip.org
Tim Bilobran
Region 4 Permits Manager
0
0 970.350.2163 I C 970.302.4022 I F 970.350.2198
timothy.bilobran®state.co.us I codot.gov I www.cotrip.org
10601 W. 10th Street, Greeley, CO 80634
Hello