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LAND USE APPLICATION
SUMMARY SHEET
Maxwell Nader
Hearing Date: May 18, 2021
Case Number: USR21-0006
Applicant: Assembly of God Stoneham do Pastor Paul Speicher
Address: 41921 Marble Avenue Stoneham, CO 80754
Representative: American Building Systems, LLC do Todd Curlee
Request: A Site Specific Development Plan and Use by Special Review Permit for a Church
(addition of a fellowship hall) and associated signage exceeding the Weld County
Sign Code standards in the A (Agricultural) Zone District.
Legal Subdivision Exemption Lot SUBX18-00015; being a part of the NW4NE4 of Section
Description: 5, Township 7 North, Range 56 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to State Highway 14; east of and adjacent to Granite Avenue
Size of Parcel: +1- 2.9 acres Parcel No. 0727-05-1-02-001
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Works, referral dated April 22, 2021
▪ State of Colorado, Division of Water Resources, referral dated March 29, 2021
▪ Weld County Department of Public Health and Environment, referral dated April 19, 2021
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated April 3, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
Y Centennial Conservation District
Y Stoneham Fire Protection District
Y Weld County School District RE -11J
Y Colorado Department of Transportation
Y Weld County Department of Building Inspection
USR21-0006, Assembly of God Stoneham, Page 1 of 9
Case Summary:
The applicant is requesting a Site Specific Development Plan and Use by Special Review Permit for the
expansion of a Church, specifically a proposed fellowship hall. The existing church is likewise a
grandfathered use; whereas a Church was first added into the Weld County Code as a use by special review
in the A (Agricultural) Zone District on August 10, 1981, per Ordinance 89-P, Section 31.4.5. This USR does
not seek to permit the existing church as this portion of the site not changing. The definition of Church
includes accessory structures therefore an addition of a fellowship hall requires the Use by Special Review
Permit. The fellowship hall will be approximately 4,800 square feet. The main purpose of the fellowship hall
is to have a space to gather following church services to serve meals. The space will also be utilized for
vacation bible school, weddings, and similar events. Additionally, the space will be used Wednesday prayer
meetings and the Pastor's office. The number of employees will be two (2), the pastor and a part time
custodian. The number of people that will visit the site on a weekly basis will vary but the average number
of people in church attendance will be fifty (50) to sixty (60). Thirty (30) parking spaces on gravel and ten
(10) accessible spaces are proposed. No fencing or landscaping is proposed at this time.
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 22-2-10.B of the Weld County Code states: "Respecting Private Property Rights.
One of the basic principles upon which the United States was founded is the right of citizens
to own and utilized property so long as that use complies with local regulations and does
not interfere with or infringe upon the rights of others."
The ability to permit the use of a Church or an expansion of a church through the Use by
Special Review process reflects the First Amendment and allows an individual the ability
to practice religion. The additional structure being added to the property will not negatively
impact the surrounding property owners.
Section 22-2-30.C.6 of the Weld County Code states: "Encourage the perseveration,
restoration and reuse of historical structures and landmarks."
The addition of the fellowship hall on the subject church property is allowing the Chapel of
the Plains to continue to practice religion in the existing church and not requiring them to
relocate. With the ability to allow an additional structure supports and preserves the use of
the historical church on site.
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
USR21-0006, Assembly of God Stoneham, Page 2 of 9
development, without the interference of other, incompatible land uses." The proposal is
compatible with the surrounding properties and doesn't interfere with Agricultural activities.
This request is utilizing property within the church's ownership and the property will not be
utilized for farming.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses.
The subject property does not currently have a Use by Special Review Permit as the
existing church on site has been in place since the 1960's and is located in a small rural
community. The surrounding properties utilize the subject property to practice religion and
the proposal will benefit the Town of Stoneham and surrounding areas. There are not many
Use by Special Review permits within one (1) mile of the subject property. There is one (1)
for an Agricultural Service Establishment, USR12-0031 and two (2) for natural gas lines,
USR14-0049 and USR18-0043.
The Weld County Department of Planning Services sent notice to sixteen (16) surrounding
property owners within five hundred (500) feet. No correspondence was received back
from surrounding property owners regarding the proposed application. There were no
mails or phone calls received regarding the proposed application.
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 not located within a three (3) mile referral area of any municipality, nor is it
located within any existing Intergovernmental Agreement Area (IGA) of a municipality.
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 the A -P (Airport) Overlay District, Geologic Hazard
Overlay District, a Special Flood Hazard Area or Municipal Separate Storm Sewer System
(MS4) area.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, 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 soil designation for the site is "prime farmland if irrigated" according to the most recent
NRCS Farmland Classification map. The site is not being used for agricultural production
and the small lot size is not suitable for farming and therefore will not being taking any
agricultural land out of 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.
USR21-0006, Assembly of God Stoneham, Page 3 of 9
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 evidence from the State Division of Water Resources,
demonstrating that the well is appropriately permitted for Church use. (Department of Public
Health and Environment)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado is required. (Department of Public
Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR21-0006. (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
23-3-350.H of the Weld County Code addresses the issue of trash collection areas.
(Department of Planning Services)
5. The map shall delineate the existing landscaping and/or screening. (Department of
Planning Services)
6. The map shall delineate the existing and proposed lighting. (Department of Planning
Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division
2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of
Planning Services)
8. The map shall delineate the parking area for the customers and/or employees.
(Department of Planning Services)
9. Granite Avenue is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-
of-way. This road is maintained by Weld County. (Department of Public Works)
10. Marble Avenue is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 100 feet of right-of-way at full
buildout. The applicant shall delineate and label on the site map or plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and
the physical location of the road. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
11. Show and label the approved tracking control on the site plan. (Department of Public
USR21-0006, Assembly of God Stoneham, Page 4 of 9
Works)
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. (Department of Public Works)
13. Show and label the drainage flow arrows. (Department of Public Works)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
15. This site will be required to meet all requirements of the American Disability Act (ADA).
ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. One
(1) space must be van accessible with an eight (8) foot aisle. An accessible path shall
be required from the fellowship hall to the public right-of-way. Further, the ramps from
the parking area shall identify a landing area for non -ambulatory users of this facility.
(Departments 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 Mylar map along with all other
documentation required as Conditions of Approval. The Mylar 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 Mylar 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 Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
plat not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (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.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
5. Prior to Operation:
A. The applicant shall construct all stormwater runoff control features and conveyance elements
and install all sediment and erosion control measures specified in the accepted Final Drainage
Report and Grading permit. (Department of Public Works)
6 The Use by Special Review Permit 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 plat 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)
USR21-0006, Assembly of God Stoneham, Page 5 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Assembly of God Stoneham
USR21-0006
1. A Site Specific Development Plan and Use by Special Review Permit, USR21-0006, for a Church
(addition of a fellowship hall) and associated signage exceeding the Weld County Sign Code standards
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 parking area on the site shall be maintained. (Department of Planning Services)
4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code or as other permitted by this USR. (Department of Planning Services)
5. The existing landscaping/screening on the site shall be maintained. (Department of Planning Services)
6. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with
the plan. 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)
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. 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. (Department of Public Works)
13. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Department of Public Works)
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
15. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
USR21-0006, Assembly of God Stoneham, Page 6 of 9
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
17. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
18. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2018 International Codes, 2006 International Energy
Code, and 2017 National Electrical 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. (Department of Building Inspection)
19. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
20. 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.
21. 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.
22. 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.
23. Chapter 23, Article II, Section 23-2-290.A. states: "Construction or use pursuant to approval of a Use
by Special Review Permit shall be commenced within three (3) years from the date of approval, unless
otherwise specified by the Board of County Commissioners when issuing the original Permit, or the
Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good
cause shown, upon a written request by the landowner."
24. Chapter 23, Article II, Section 23-2-290.B. states: "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."
25. Chapter 23, Article II, Section 23-2-290.D states: "In such cases where the Use by Special Review has
terminated but the landowner does not agree to request to vacate the Use by Special Review Permit,
a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown.
The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County
Commissioners determines that the Use by Special Review has terminated and no good cause has
been shown for continuing the permit, then the termination becomes final and the Use by Special
Review Permit is vacated."
USR21-0006, Assembly of God Stoneham, Page 7 of 9
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
27. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
USR21-0006, Assembly of God Stoneham, Page 8 of 9
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
USR21-0006, Assembly of God Stoneham, Page 9 of 9
April 27, 2021
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mnader@weldgov.com
PHONE: (970) 400-400-3527
FAX: (970) 304-6498
CURLEE TODD
19780 CHAMBERS DRIVE
STERLING, CO 80751
Subject: USR21-0006 - A Site Specific Development Plan and Use by Special Review Permit for a
Church (addition of a fellowship hall) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
SUB EXEMPT SUBX18-0015, BEING PART NW4NE4 SECTION 5, T7N, R56W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 18, 2021 at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on June 2, 2021 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the
Weld County Planning Department with written certification indicating the above requirement has
been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application
to the Weld County Planning Commission and will be included in the staff report one week prior to
the scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
Maxwell Nader
Planner
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