HomeMy WebLinkAbout20242376.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Cindy Beemer, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number
Applicant:
Planner:
Request:
Legal Description:
Location
US R21-0024
St. Scholastica Catholic Parish in Erie
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a Church (church.
associated classroom. rectory and office spaces). outside of subdivisions and historic townsites
in the A (Agricultural) Zone District.
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.
North of and adjacent to State Highway 52; approximately 3,100 feet east of County Road 1.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23 -2-
260 of the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with
Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any
other applicable code provisions or 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 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.'
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 A3 -- 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 from surrounding property owners in regard to this
case
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 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 A4 -- 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 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 from 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 Agriculture
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 AS -- 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 applicant, other relevant information regarding the request, and responses from referral entities
The Planning Commission 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 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
(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 (COOT) has jurisdiction over all accesses to
the state highways Please contact CDOT to obtain an access permit for the approved location
(Development Review)
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)
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 floodplain and floodway (if applicable) boundaries on the map Label
the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number
(Department of Planning Services)
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 one
hundred twenty (120) days from the date of the Board of County Commissioners Resolution The
applicant shall be responsible for paying the recording fee (Department of Planning Services)
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 3 -month period (Department
of Planning Services)
4 Prior to Construction
A If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Development Review)
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 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)
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 (Department of Planning Services)
Motion seconded by Barney Hammond
VOTE
For Passage
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Cindy Beemer
Against Passage Absent
Michael Biwer
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the
Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above
and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted
on September 3, 2024
Dated the 3'd of September, 2024
45\.lbbnt Aeldlikt.
Kristine Ranslem
Secretary
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)
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)
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
Summary of the Weld County Planning Commission Meeting
Tuesday, September 3, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:40 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Virginia Guderjahn, Barney
Hammond, Cindy Beemer.
Absent: Michael Biwer.
Also Present: Chris Gathman, Diana Aungst, and Molly Wright, Department of Planning Services. Karin
McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR21-0024
St. Scholastica Catholic Parish in Erie
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a Church
(church, associated classroom, rectory and office spaces), outside of subdivisions
and historic townsites in the A (Agricultural) Zone District.
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.
North of and adjacent to State Highway 52; approximately 3.100 feet east of
County Road 1.
Chris Gathman. Planning Services, presented Case USR21-0024, reading the recommendation and
comments into the record. The existing residence will be remodeled to serve as a rectory and contain
parish offices. The existing warehouse that formerly served as a print shop will be remodeled into a
classroom and religious education center. An existing garage and pole building will remain. The pole barn
will potentially be utilized for storage. The applicant is proposing to add a 4,500 square foot building to
serve as a new church facility. Mr. Gathman noted that no correspondence or phone calls have been
received from surrounding property owners regarding this project.
Mr. Gathman provided Environmental Health's review of the public water and sanitary sewer requirements.
The Department of Planning Services recommends approval of this application along with conditions of
approval and development standards.
Fr. Robert Wedow, 575 Wall Street, Erie, Colorado, stated that St. Scholastica has been part of Erie for
125 years. Fr. Wedow said that they have the need to expand as the Town of Erie is growing.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR21-0024 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Cindy Beemer, Seconded by Barney Hammond.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Cindy Beemer, Michael Palizzi, Michael Wailes, Pamela Edens,
Virginia Guderjahn.
Meeting adjourned at 5:07 p.m.
Respectfully submitted.
ri;'./AndL
Kristine Ranslem
Secretary
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