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HomeMy WebLinkAbout20250061.tiffPlanner: Case Number: Owner: LAND USE APPLICATION SUMMARY SHEET Molly Wright USR24-0017 Living Rock Church of Severance dba Calvary Severance Church 1800 Avery Plaza St, Windsor, CO 80550 Representative: Jeanna Whipple 11316 County Road 70, Windsor, CO 80550 Site Address: 35938 County Road 25, Severance, CO 80615 Request: Legal Description: Location: Hearing Date: December 3, 2024 A Site Specific Development Plan and Use by Special Review for a Church outside of subdivisions and historic townsites, in the A (Agricultural) Zone District Lot A of Recorded Exemption RECX17-0026; Being part of the W2 of Section 6, T6N, R66W, of the 6th P.M., Weld County, Colorado South of and adjacent to County Road 74; east of and adjacent to County Road 25 Size of Parcel: ± 5.98 acres Parcel No. 0805-06-2-00-010 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: Windsor — Severance Fire Protection District, referral dated September 4, 2024 Weld County Department of Public Health and Environment, referral dated August 15, 2024 Weld County Department of Planning Services — Development Review, referral dated September 9, 2024 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ❖ Town of Severance, referral dated August 27, 2024 ❖ Weld County Sheriff's Office, referral dated August 2, 2024 ❖ Weld County School District RE -2, referral dated August 2, 2024 ❖ Weld County Oil & Gas Energy Department, referral dated August 7, 2024 USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 1 of 9 The Department of Planning Services' staff has not received responses from the following agencies: ❖ Colorado Parks and Wildlife ❖ Division of Water Resources ❖ North Weld County Water District ❖ West Greeley Conservation District ❖ Weld County Emergency Management Office Case Summary: The applicant is proposing to operate a church facility under the name of Calvary Severance Church. The applicant is proposing to remodel the existing residence on site (constructed in 2020) to serve as a house of worship. The subject building will also include fire suppression. The applicant is proposing a future amphitheater for outside worship. No additional buildings are proposed at this time. A parking lot for 93 parking spaces (this includes 6 handicapped parking spaces adjacent to the church). The applicant is proposing to leave the existing wooden fence separating the property on the southern boundary, and to add landscaping around the parking and child play area. A total of one (1) full time pastor on site, with an additional three (3) part-time employees on site from approximately 7:00am to 6:00pm for office hours Monday through Friday. The facility intends to hold Sunday Service from 8:00am to 2:00pm with a maximum of 250 people in attendance, including employees. Small groups of people up to twenty (20), may use the facility between 7:00am and 9:00pm seven (7) days a week. The facility is to be served by the North Weld County Water District and by a new OTWS (septic) system. North Weld County Water District issued a letter dated November 3, 2023, stating that they had no issues with the existing residence being converted into a Church with the existing tap on site. 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: 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.C. 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. The Town of Severance also provided a Notice of Inquiry response with no additional comments, nor would the town like to pursue annexation of the property at this time. 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. USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 2 of 9 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 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 twelve (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 (1MUSR19-18-0038), a 230 kV electrical lines (USR-823), and a commercial recreational facility (USR22-0006). The Weld County Department of Planning Services sent notice to eleven (11) Surrounding Property Owners. One (1) response of objection was received. The property owner has concerns regarding the additional traffic, the impact to their views of the mountains, and the number of individuals gathering for Sunday services and other events. No additional response has been received from surrounding property owners in regards to this case. The proposed use is in an area that can support this development. 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. There is an existing fence on the south side of the property, and a 6ft opaque fence is required for the property to the east. 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 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 for the Town of Severance. The Town of Severance stated that they have no conflict with their interests in their referral response dated Severance 24, 2024, and mentioned that they would not pursue annexation of the property at this time in a Notice of Inquiry response dated February 28, 2024. The Town of Severance's Future Land Use map shows this property in the Suburban perimeter. 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, 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 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 property (100%) is identified as Kim loam 1 to 3 percent slopes, "Prime Farmland if irrigated". Therefore, no Prime Farmland is being removed from agricultural production. 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 USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 3 of 9 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 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. (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. (Development Review) 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. (Development Review) D. The applicant shall 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. (Department of Planning Services) E. The applicant shall submit a landscape, screening, and lighting plan Weld County Department of Planning Services, for review and acceptance. (Department of Planning Services) F. The applicant shall submit a copy of the Fire Meter Tap from North Weld County Water District once it is approved. (Department of Planning Services) G. The applicant shall submit a noise study for services held outside. (Department of Planning Services) H. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR24-0017 (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) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 4 of 9 10. County Road 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 on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. 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 Sec. 23-1-90, the required setback is measured from the future right-of-way line. (Development Review) 11. This portion of E 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. Show and label the right-of-way. (Development Review) 12. 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. (Development Review) 13. Show and label the approved tracking control on the site plan. (Development Review) 14. 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) 15. Show and label the drainage flow arrows. (Development Review) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 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. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) B. 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 USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 5 of 9 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) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 6 of 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Living Rock Church of Severance dba Calvary Severance Church USR24-0017 1. A Site Specific Development Plan and Use by Special Review Permit for a 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 250, including employees, as stated in the application materials. (Department of Planning Services) 4. The hours of operation shall be 7:00am to 9:00pm for small group gatherings (no more than twenty (20) people), 7:00am to 6:00pm for office hours Monday through Friday, and Sunday Service from 8:00am to 2:00pm. (Department of Planning Services) 5. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department of Planning Services) 8. 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) 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. (Department of Planning Services) 10. 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) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 13. 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) 14. 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) 15. 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) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 7 of 9 16. 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) 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 19. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 20. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 21. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 22. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 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. (Department of Planning Services) 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 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) 25. 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. 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. (Department of Planning Services) 27. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 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. (Department of Planning Services) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 8 of 9 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. (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. (Department of Planning Services) 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 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. USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 9 of 9 Planner: Molly Wright Case Number: USR24-0017 LAND USE APPLICATION SUMMARY SHEET Hearing Date: October 15, 2024 Owner: Living Rock Church of Severance dba Calvary Severance Church 1800 Avery Plaza St, Windsor, CO 80550 Representative: Jeanna Whipple 11316 County Road 70, Windsor, CO 80550 Site Address: 35938 County Road 25, Severance, CO 80615 Request: Legal Description: Location: A Site Specific Development Plan and Use by Special Review for a Church outside of subdivisions and historic townsites, in the A (Agricultural) Zone District Lot A of Recorded Exemption RECX17-0026; Being part of the W2 of Section 6, T6N, R66W, of the 6th P.M., Weld County, Colorado South of and adjacent to County Road 74; east of and adjacent to County Road 25 Size of Parcel: ± 5.98 acres Parcel No. 0805-06-2-00-010 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: Windsor — Severance Fire Protection District, referral dated September 4, 2024 Weld County Department of Public Health and Environment, referral dated August 15, 2024 Weld County Department of Planning Services — Development Review, referral dated September 9, 2024 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ❖ Town of Severance, referral dated August 27, 2024 ❖ Weld County Sheriff's Office, referral dated August 2, 2024 ❖ Weld County School District RE -2, referral dated August 2, 2024 ❖ Weld County Oil & Gas Energy Department, referral dated August 7, 2024 USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 1 of 9 The Department of Planning Services' staff has not received responses from the following agencies: ❖ Colorado Parks and Wildlife ❖ Division of Water Resources ❖ North Weld County Water District ❖ West Greeley Conservation District ❖ Weld County Emergency Management Office Case Summary: The applicant is proposing to operate a church facility under the name of Calvary Severance Church. The applicant is proposing to remodel the existing residence on site (constructed in 2020) to serve as a house of worship. The subject building will also include fire suppression. The applicant is proposing a future amphitheater for outside worship. No additional buildings are proposed at this time. A parking lot for 93 parking spaces (this includes 6 handicapped parking spaces adjacent to the church). The applicant is proposing to leave the existing wooden fence separating the property on the southern boundary, and to add landscaping around the parking and child play area. A total of one (1) full time pastor on site, with an additional three (3) part-time employees on site from approximately 7:00am to 6:00pm for office hours Monday through Friday. The facility intends to hold Sunday Service from 8:00am to 2:00pm with a maximum of 250 people in attendance, including employees. Small groups of people up to twenty (20), may use the facility between 7:00am and 9:00pm seven (7) days a week. The facility is to be served by the North Weld County Water District and by a new OTWS (septic) system. North Weld County Water District issued a letter dated November 3, 2023, stating that they had no issues with the existing residence being converted into a Church with the existing tap on site. 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: 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.C. 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. The Town of Severance also provided a Notice of Inquiry response with no additional comments, nor would the town like to pursue annexation of the property at this time. 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. USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 2 of 9 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 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 twelve (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 (1MUSR19-18-0038), a 230 kV electrical lines (USR-823), and a commercial recreational facility (USR22-0006). The Weld County Department of Planning Services sent notice to eleven (11) Surrounding Property Owners. One (1) response of objection was received. The property owner has concerns regarding the additional traffic, the impact to their views of the mountains, and the number of individuals gathering for Sunday services and other events. No additional response has been received from surrounding property owners in regards to this case. The proposed use is in an area that can support this development. 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. There is an existing fence on the south side of the property, and a 6ft opaque fence is required for the property to the east. 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 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 for the Town of Severance. The Town of Severance stated that they have no conflict with their interests in their referral response dated Severance 24, 2024, and mentioned that they would not pursue annexation of the property at this time in a Notice of Inquiry response dated February 28, 2024. The Town of Severance's Future Land Use map shows this property in the Suburban perimeter. 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, 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 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 property (100%) is identified as Kim loam 1 to 3 percent slopes, "Prime Farmland if irrigated". Therefore, no Prime Farmland is being removed from agricultural production. 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 USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 3 of 9 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall submit a minor modification to Recorded Exemption, RECX17-0026 to address the utility and access easement. (Department of Planning Services) B. The applicant shall not encroach on the 20 ft easement and right-of-way option agreement noted on RECX17-0026. (Department of Planning Services) C. 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. (Development Review) D. A Final Drainage Report and Certificate of Compliance, signed and stamped by a professional engineer licensed in the State of Colorado shall be submitted. (Development Review) E. A Final Traffic Impact Statement, stamped and signed by a Professional Engineer registered in the State of Colorado is required. (Development Review) F. The applicant shall 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. (Department of Planning Services) G. The applicant shall submit a landscape, screening, and lighting plan Weld County Department of Planning Services, for review and acceptance. (Department of Planning Services) H. The applicant shall submit a copy of the Fire Meter Tap from North Weld County Water District once it is approved. (Department of Planning Services) I. The applicant shall submit a noise study for services held outside. (Department of Planning Services) J. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR24-0017 (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) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 4 of 9 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. County Road 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 on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. 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 Sec. 23-1-90, the required setback is measured from the future right-of-way line. (Development Review) 11. This portion of E 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. Show and label the right-of-way. (Development Review) 12. 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. (Development Review) 13. Show and label the approved tracking control on the site plan. (Development Review) 14. 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) 15. Show and label the drainage flow arrows. (Development Review) 16. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Development Review) 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. The approved access and tracking control shall be constructed prior to on -site construction. (Development Review) B. 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 USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 5 of 9 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 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) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 6 of 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Living Rock Church of Severance dba Calvary Severance Church USR24-0017 1. A Site Specific Development Plan and Use by Special Review Permit for a 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 250, including employees, as stated in the application materials. (Department of Planning Services) 4. The hours of operation shall be 7:00am to 9:00pm for small group gatherings (no more than twenty (20) people), 7:00am to 6:00pm for office hours Monday through Friday, and Sunday Service from 8:00am to 2:00pm. (Department of Planning Services) 5. Any future structures or uses on site must obtain the appropriate zoning and building permits. (Department of Planning Services) 6. The parking area on the site shall be maintained. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, and Division 2 of the Weld County Code. (Department of Planning Services) 8. 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) 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. (Department of Planning Services) 10. 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) 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. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 13. 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) 14. 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) 15. 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) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 7 of 9 16. 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) 17. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 18. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 19. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. (Development Review) 20. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 21. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) 22. Lighting shall be maintained in accordance with the approved Lighting Plan (Department of Planning Services) 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. (Department of Planning Services) 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 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) 25. 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. 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. (Department of Planning Services) 27. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. (Department of Planning Services) 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. (Department of Planning Services) USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 8 of 9 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. (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. (Department of Planning Services) 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 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. USR24-0017 I Living Rock Church of Severance dba Calvary Severance Church Page 9 of 9 To: From: Subject: Date: MEMORANDUM Planning Commission Molly Wright, Planner I Continuation of USR24-0017 October 15, 2024 There is an existing Use by Special Review (USR18-0080) for a greater than 12 inch natural gas pipeline that crosses the subject property. The owner and operator of this natural gas pipeline was not notified throughout the Use by Special Review process, therefore staff is requesting a continuance to the Planning Commission hearing on December 3, 2024. This continuance would give the owner and operator of the natural gas pipeline associated with USR18-0080 adequate time to review USR24-0017 and respond with any concerns. Molly Wright From: Sent: To: Subject: Follow Up Flag: Flag Status: Jeanna Whipple <jeannawhipple@gmail.com> Wednesday, October 9, 2024 8:28 PM Molly Wright Re: Questions Flag for follow up Flagged 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. Hi Molly, Talking with the team tonight I learned that there will be 1 night a week where there may be around 20 youth for our kids ministry night. Just want to be transparent about that. Also, I am curious if we need to address these conditions of approval (fire district, and access concerns) before the meeting on Tuesday or is this a condition that is acceptable to be addressed as we work through our renovation designs with our design team over the next couple of months? One more question - some of our team wants to listen to the Tuesday meeting but cannot attend. Is there a link to the planning commission meeting that I can send to them? Thanks, Jeanna On Wed, Oct 9, 2024 at 3:56 PM J Whipp <jeannawhipple@gmail.com>wrote: Hi Molly, Probably more like 7am-9pm but anything outside of the 8am-2pm on Sundays will be small groups (10-12 people). Jeanna Whipple 970-215-0683 *Please excuse any typos as this is sent from my phone. From: Molly Wright <mrwright@weld.gov> Sent: Wednesday, October 9, 2024 3:46:25 PM To: Jeanna Whipple <jeannawhipple@gmail.com> Subject: RE: Questions Good afternoon, Could you clarify times of operation? What would be the earliest time groups would gather at this location? What would be the latest time groups would gather at this location? 1 The reason I am asking, is this is a standard that gets approved, therefore I can put lam -wpm daily, to give enough time for groups, office hours, etc. Best regards, Molly Wright Planner I Department of Planning Services 1402 N 17th Ave Greeley, CO 80631 mrwright@weld.gov Phone: (970) 400-3525 3,x6. .... Wi?4L0 WELD COUNTY, CO Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Molly Wright Sent: Wednesday, October 9, 2024 3:34 PM To: Jeanna Whipple <jeannawhipple@gmail.com> Subject: RE: Questions Perfect! That is all I needed to know. 2 Please see the attached referrals, there is one Letter of Objection in there Labeled SPOT — be ready to address their comments if that individual shows up. I am working on finalizing the staff comments, that will be turned into the resolution. I will send those to you as soon as I have them finalized. Best regards, Molly Wright Planner I Department of Planning Services 1402 N 17th Ave Greeley, CO 80631 mrwright@)weld.gov Phone: (970) 400-3525 3,x6. .... Wi?4L0 WELD COUNTY, CO Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jeanna Whipple <jeannawhipple@gmail.com> Sent: Wednesday, October 9, 2024 3:30 PM To: Molly Wright <mrwright@weld.gov> Subject: Re: Questions 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. 3 Hi Molly, We don't have a slide show but we will give a short update on our community engagement since our submittal. Is there any concerns you think we should be ready to address? Thanks, Jeanna On Mon, Oct 7, 2024 at 3:57 PM Molly Wright <mrwright@weld.gov>wrote: Thank you for clarifying that. Are you going to have a slideshow presentation for the Planning Commission hearing next week (it is optional) Best regards, Molly Wright Planner I Department of Planning Services 1402 N 17th Ave Greeley, CO 80631 mrwright@weld.gov Phone: (970) 400-3525 WELD 4 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jeanna Whipple <jeannawhipple@gmail.com> Sent: Monday, October 7, 2024 3:41 PM To: Molly Wright <mrwright@weld.gov> Subject: Re: Questions 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. Hi Molly, The amphitheater will be a future outdoor worship space. It's not something that we intend to do for a few years. Also, the only building will be the existing building that is on site. No other buildings are anticipated at this time. Thanks, Jeanna On Mon, Oct 7, 2024 at 3:26 PM Molly Wright <mrwright@weld.gov>wrote: Good afternoon, In writing the Staff Comments for USR24-ooi7, I have a few additional questions. 1. What is the amphitheater going to be used for? 2. On the site plan, there is a proposed building, what is this for, as it is not mentioned in the questionnaire. Best regards, 5 Molly Wright Planner I Department of Planning Services 1402 N 17th Ave Greeley, CO 80631 mrwright@)weld.gov Phone: (970) 400-3525 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 6 Hello