HomeMy WebLinkAbout20242375.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR21-0024, FOR A CHURCH (CHURCH, ASSOCIATED CLASSROOM,
RECTORY AND OFFICE SPACES) OUTSIDE OF SUBDIVISIONS AND HISTORIC
TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - ST. SCHOLASTICA
CATHOLIC PARISH IN ERIE
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 18th day of
September, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of St. Scholastica Catholic Parish in Erie, P.O. Box 402, Erie, Colorado
80516, for a Site Specific Development Plan and Use by Special Review Permit, USR21-0024,
for a Church (church, associated classroom, rectory and office spaces) outside of subdivisions
and historic townsites in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
Subdivision Exemption, SUBX13-0012, being part of
the SE1/4 of Section 31, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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 recommendation 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. The applicant has demonstrated that the request is in conformance 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
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-30.C states: "Harmonize development with
surrounding land uses." The proposed church facility is a use that
can serve the surrounding residential population. Conditions of
Approval for landscaping conditions are attached to address
compatibility with the surrounding area.
CO •.P (ER/M*J/OA/KR/KW/CG)� CAN \ ASR (SA
APPL•, ?PL. RE?.
10/7/2,4
2024-2375
PL2927
SPECIAL REVIEW PERMIT (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH IN ERIE
PAGE 2
2) Section 22-2-30.C.1 states: "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 the residential subdivision.
Also, berming and landscaping is requested to block headlights and views
of the parking lots. The Town of Frederick's referral comments/requests
are attached as a Condition of Approval.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from 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."
2) Section 23-3-40.O of the Weld County Code allows churches as a
Use by Special Review outside of subdivisions and townsites.
C. Section 23-2-230.6.3 — 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) mile of the site, including multiple
mining USRs, an RV park and wastewater treatment facility, a children's
shelter and a 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 (SPOs) and
no responses were received.
The proposed use is in an area that can support this development and the
Conditions of Approval require that the applicant submit a
Landscaping/Screening Plan. The Conditions of Approval and
Development Standards will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land
uses and the region.
2024-2375
PL2927
SPECIAL REVIEW PERMIT (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH IN ERIE
PAGE 3
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 site is located within the three (3) -mile referral area for
the Towns of Erie and Frederick. The Town of Erie stated they have no
conflict with their interests, in the referral response dated June 14, 2024.
The Town of Frederick, in the referral response dated June 27, 2024, stated
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. The
Town of Frederick requested a landscape buffer with evergreen to screen
the parking lot from the property to the east. Berming with landscaping is
also requested 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 the Town of Frederick to the east and the
Town of Erie municipal limits are located to the south and the west. The
Town of Frederick's Comprehensive Plan Land Use Map identifies the
property as parks and open space and the Town of Erie's Comprehensive
Plan Land Use Map identifies the property as Agriculture and an area of
special consideration.
E. Section 23-2-230.B.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, County
Facility Fee, and Drainage Impact Fee Programs.
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 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 23-2-230.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 can ensure
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
2024-2375
PL2927
SPECIAL REVIEW PERMIT (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH IN ERIE
PAGE 4
has been reviewed by the appropriate referral agencies and it has been
determined that the attached Conditions of Approval and Development
Standards ensure 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of St. Scholastica Catholic Parish in Erie, for a Site Specific
Development Plan and Use by Special Review Permit, USR21-0024, for a Church (church,
associated classroom, rectory and office spaces) outside of subdivisions and historic townsites 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 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.
B. The applicant shall address the comments of the Town of Frederick in
regard 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.
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.
D. The applicant shall address the requirements of the Mountain View Fire
District, as stated in the referral response dated December 14, 2021.
Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. The applicant shall address the requirements of the Left Hand Water
District, as stated in the referral comments dated June 12, 2024. Written
evidence of such shall be provided to the Department of Planning Services.
F. A Lighting Plan shall be submitted to, and approved by, the Department of
Planning Services.
G. A Landscape and Screening Plan that screens the site from the
surrounding property owners and rights -of -way shall be submitted to, and
approved by, the Department of Planning Services.
2024-2375
PL2927
SPECIAL REVIEW PERMIT (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH IN ERIE
PAGE 5
H. The Colorado Department of Transportation (CDOT) has jurisdiction over
all accesses to the state highways. Please contact CDOT to obtain an
Access Permit for the approved location.
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0024.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the
issue of trash collection areas.
5) The map shall delineate the landscaping and screening, in
accordance with the approved Landscape and Screening Plan.
6) The map shall delineate the on -site lighting, in accordance with the
approved Lighting Plan.
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.
8) The map shall delineate the parking area for the vendors,
customers and/or employees.
9) The applicant shall show and label all recorded easements, and
rights -of -way shall be delineated on the map by book and page
number or Reception number.
10) The applicant shall show the Colorado Department of
Transportation (CDOT) right-of-way on the plat along with the
documents creating the right-of-way.
11) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access on the site plan and label with the
approved Access Permit number, if applicable. The applicant shall
label the existing accesses "CLOSE AND RECLAIM".
12) The applicant shall 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.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2024-2375
PL2927
SPECIAL REVIEW PERMIT (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH IN ERIE
PAGE 6
14) The applicant shall show and label the floodplain and floodway
boundaries on the map, if applicable. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number.
2. 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 120 days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. 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
OWTS Regulations. The OWTS is required to be designed by a Colorado
Registered Professional Engineer.
6. 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 ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
2024-2375
PL2927
SPECIAL REVIEW PERMIT (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH IN ERIE
PAGE 7
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ...,,, J G JC.l00%
Weld County Clerk to the Board
BY:
.tativuilut
Deputy Clerk to the Board
APPOVED AS TO FORM(/
WELD COU
Perry L. uck, Pro-Tem
Ross, Ch
Mike reeman
cat . James
7ep Count Attorney r
013`2 1)11j �►�Lori Saine
Date of signature: ~
2024-2375
PL2927
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ST. SCHOLASTICA CATHOLIC PARISH IN ERIE
US R21-0024
1. Site Specific Development Plan and Use by Special Review Permit, USR21-0024, is for a
Church (church, associated classroom, rectory, and office spaces) outside of subdivisions
and historic townsites, in the A (Agricultural) Zone District, 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 maximum numbers of visitors/attendees to the facility shall be 350, as delineated in
the application materials.
4. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
5. The parking area on the site shall be maintained.
6. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code.
7. The existing and proposed landscaping and screening on the site shall be maintained in
accordance with the accepted Landscape and Screening Plan.
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.
9. Waste materials shall be handled, stored, and disposed of 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 I of the Weld
County Code.
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.
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.
12. Any On -site Wastewater Treatment System located on the property must comply with all
provisions of the Weld County Code, pertaining to OWTS.
13. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2024-2375
PL2927
DEVELOPMENT STANDARDS (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH
IN ERIE
PAGE 2
14. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
15. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. Lighting shall be maintained in accordance with the approved Lighting Plan.
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.
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 codes
adopted at the time of permit application. Currently, the following have been adopted by
Weld County: 2018 International Codes, 2018 International Energy Conservation 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, or an Open Hole Inspection shall be required. A Building Permit must be issued
prior to the start of construction.
21. Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County -Wide Road Impact Fee, County Facility 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.
23. All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended.
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.
2024-2375
PL2927
DEVELOPMENT STANDARDS (USR21-0024) - ST. SCHOLASTICA CATHOLIC PARISH
IN ERIE
PAGE 3
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.
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.
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.
2024-2375
PL2927
Hello