HomeMy WebLinkAbout20250059.tiffResolution
Approve Use by Special Review Permit, USR24-0017, for a Church outside of
subdivisions and historic townsites in the A (Agricultural) Zone District —
Living Rock Church of Severance, Inc., dba Calvary Church Severance
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 6th day of
November, 2024, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose
of hearing the application of Living Rock Church of Severance, Inc., dba Calvary Church
Severance, P.O. Box 352, Severance, Colorado 80546, for Use by Special Review
Permit, USR24-0017, for a Church outside of subdivisions and historic townsites in the
A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Lot A of Recorded Exemption, RECX17-0026;
being part of the W1/2 of Section 6,
Township 6 North, Range 66 West of the 6th
P.M., Weld County, Colorado
Whereas, at said hearing on November 6, 2024, the Board heard all of the testimony and
statements of those present and reviewed the request of staff for a continuance and,
having been fully informed, deemed it advisable to continue the matter to January 8, 2025,
at 10:00 a.m., to allow the case to be heard by the Planning Commission on December 3,
2024, and
Whereas, at on January 8, 2025, the applicant was present, and represented by Jeanna
Whipple, 11316 County Road 70, Windsor, Colorado 80550, 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:
cc : PP.6E/MWDA /KR), A5 R(s&), CA (KM),
APPL, APPL. REP.
02 /07/25
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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 are
attached to address compatibility with the surrounding area. The
property is adjacent to the municipal limits of the Town of Severance.
The Town of Severance provided a referral response with no
concerns regarding the project and provided a Notice of Inquiry with
no additional comments. They indicated they are not interested in
pursuing annexation of the property at this time.
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.G of the Weld County Code allows Churches as a
Use by Special Review outside of subdivisions and townsites.
C. Section 23-2-230.B.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 agricultural land. There are
multiple Use by Special Review Permits within one (1) mile of the site,
including two (2) USRs for a Second Single -Family Dwelling (USR-1004
and USR-1005); a greater than 12 -inch high pressure natural gas line
(USR18-0080); a gas line (USR-1183); two (2) feed lots (SUP -81 and
SUP -102); a kennel (1 MUSR19-18-0038); a 230 kV electrical line
(USR-823), and a commercial recreational facility (USR22-0006). The Weld
County Department of Planning Services sent notice to 11 surrounding
property owners (SPOs). One (1) response of objection was received from
a SPO who had concerns regarding the additional traffic, the impact to their
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view of the mountains, and the number of individuals gathering for Sunday
services and other events. No additional responses were received from
SPOs in regard to this case. The proposed use is in an area that can support
this development and the Conditions of Approval and Development
Standards and will assist in mitigating the impacts of the facility on the
adjacent properties and ensure compatibility with surrounding land uses
and the region. There is an existing fence on the south side of the property
and a six (6) -foot opaque fence is required the screen the subject site from
the property to the east.
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 of
the Town of Severance, which stated no conflict with their interests in the
referral response dated Severance 24, 2024. In a Notice of Inquiry
response, dated February 28, 2024, they stated they would not pursue
annexation of the property at this time. The Town of Severance's Future
Land Use Map shows this property in the Suburban perimeter.
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, or Special
Flood Hazard Area. 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 whole property is identified as Kim loam
one percent (1%) to three percent (3%) slopes, "Prime Farmland if
irrigated," therefore, no Prime Farmland is being removed from agricultural
production.
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 that
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there are adequate provisions for the protection of the 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 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 Living Rock Church of Severance, Inc., dba
Calvary Church Severance, for Use by Special Review Permit, USR24-0017, for a Church
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. The applicant shall acknowledge the comments from Rimrock Energy
Partners, as stated in the referral response dated November 4, 2024.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
B. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes during construction.
C. A Final Drainage Report and Certificate of Compliance, signed and stamped
by a professional engineer, licensed in the State of Colorado, shall be
submitted.
D. The applicant shall attempt to address the comments from the Windsor —
Severance Fire Protection District, as stated in the referral response dated
September 4, 2024. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
E. The applicant shall submit a Landscape, Screening, and Lighting Plan to
the Weld County Department of Planning Services, for review and
acceptance.
F. The applicant shall submit a copy of the Fire Meter Tap from the North Weld
County Water District, once it is approved.
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G. The applicant shall submit a Noise Study for services held outside.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR24-0017.
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) County Road (CR) 25 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a local road, which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing
right-of-way (along with the documents creating the existing
right-of-way) and the physical location of the road on the USR map.
If the existing right-of-way cannot be verified it shall be dedicated.
The applicant shall also delineate the physical location of the
roadway. Pursuant to the definition of setback in the Weld County
Code Section 23-1-90, the required setback is measured from the
future right-of-way line.
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11) This portion of East Harmony Road, also known as CR 74, is under
the jurisdiction of the Town of Severance. Please contact the
municipality to verify the right-of-way and show and label the
right-of-way.
12) The applicant shall show and label an access point onto CR 25, that
meets Weld County Code. Include the access usage type
(i.e. Commercial), the appropriate width, and the appropriate radii.
The access point will be reviewed as part of the USR map submittal.
13) The applicant shall show and label the approved tracking control on
the site plan.
14) 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.
15) The applicant shall show and label the drainage flow arrows.
16) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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. The approved access and tracking control shall be constructed.
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B. 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:
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.
Use by Special Review Permit
Development Standards
Living Rock Church of Severance, Inc.,
dba Calvary Church Severance
USR24-0017
1. Use by Special Review Permit, USR24-0017, is for a Church 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 250, including
employees, as stated in the application materials.
4. The hours of operation shall be 7:00 a.m. to 9:00 p.m. for small group gatherings
of no more than 20 people, 7:00 a.m. to 6:00 p.m. Monday through Friday, for office
hours, and from 8:00 a.m. to 2:00 p.m. for Sunday service.
5. Any future structures or uses onsite must obtain the appropriate Zoning and
Building Permits.
6. The parking area on the site shall be maintained.
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7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County
Code.
8. The existing and proposed landscaping and screening on the site shall be
maintained in accordance with the accepted Landscape and Screening Plan.
9. 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.
10. 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.
11. 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.
12. 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.
13. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
14. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
15. 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.
16. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
17. Any work that may occupy and/or encroach upon any County rights -of -way or
easement shall require an approved Right -of -Way Use Permit, prior to
commencement.
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18. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement.
19. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
20. Weld County is not responsible for the maintenance of on -site drainage related
features.
21. The historical flow patterns and runoff amounts on the site will be maintained.
22. Lighting shall be maintained in accordance with the approved Lighting Plan.
23. 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.
24. 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.
25. 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.
26. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
27. All buildings shall comply with the setback from oil and gas wells, per
Section 23-4-700, as amended.
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28. 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.
29. 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.
30. The property owner or operator shall be responsible for complying with all 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.
31. 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.
32. 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.
33. 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
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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.
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following
vote on the 8th day of January, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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