HomeMy WebLinkAbout20211379.tiffEXHIBIT
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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
LAsQa\ - O e• b
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Sam Gluck, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST
LOCATION:
U S R21-0006
ASSEMBLY OF GOD STONEHAM
MAXWELL NADER
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.
SOUTH OF AND ADJACENT TO HIGHWAY 14; EAST OF AND ADJACENT TO
GRANITE AVE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2 It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-10.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 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.
RESOLUTION USR21-0006
ASSEMBLY OF GOD STONEHAM
PAGE 2
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 emails 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.
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 recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the map:
RESOLUTION USR21-0006
ASSEMBLY OF GOD STONEHAM
PAGE 3
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)
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
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)
RESOLUTION USR21-0006
ASSEMBLY OF GOD STONEHAM
PAGE 4
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)
RESOLUTION USR21-0006
ASSEMBLY OF GOD STONEHAM
PAGE 5
Motion seconded by Butch White.
VOTE:
For Passage
Tom Cope
Gene Stille
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Against Passage
Absent
Dwaine Barclay
Troy Mellon
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 18, 2021.
Dated the 18th of May, 2021
aill)Adaanted eanalpeneu
Kristine Ranslem
Secretary►
RESOLUTION USR21-0006
ASSEMBLY OF GOD STONEHAM
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Assembly of God Stoneham
USR2I-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)
RESOLUTION USR21-0006
ASSEMBLY OF GOD STONEHAM
PAGE 7
15. 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. (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
RESOLUTION USR21-0006
ASSEMBLY OF GOD STONEHAM
PAGES
shown for continuing the permit, then the termination becomes final and the Use by Special Review
Permit is vacated."
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 36-3.6-10►2, 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.
RESOLUTION USR2I-0006
ASSEMBLY OF GOD STONEHAM
PAGE 9
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
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.
EXHIBIT
B
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 18, 2021
-COOL°
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Elijah Hatch, at 12:30 pm.
Roll Call.
Present: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope.
Absent/Excused: Dwaine Barclay, Troy Mellon.
Also Present: Michael Hall and Maxwell Nader, Department of Planning Services; Lauren Light and Ben
Frissell, Department of Health; Melissa King and Zackery Roberson, Department of Public Works; Bob
Choate, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LOCATION:
USR21-0006
ASSEMBLY OF GOD STONEHAM
MAXWELL NADER
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.
SOUTH OF AND ADJACENT TO HIGHWAY 14; EAST OF AND ADJACENT
TO GRANITE AVE.
Maxwell Nader, Planning Services, presented Case USR21-0006, reading the recommendation and
comments into the record. Mr. Nader stated that no correspondence was received from surrounding
property owners. The Department of Planning Services recommends approval of this application along
with conditions of approval and development standards.
Zackery Roberson, Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Mike Yarrington, 19084 CR 38, Sterling, Colorado, stated that they have it constructed and would like to
receive approval to move forward.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR21-0006 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Sam Gluck, Seconded by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Gene Stille, Lonnie Ford, Sam Gluck, Skip Holland, Tom Cope.
Meeting adjourned at 12:58 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
EMAIL
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