HomeMy WebLinkAbout20211378.tiffRESOLUTION
RE: APPROVE 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 - ASSEMBLY OF GOD
STONEHAM
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of
June, 2021, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Assembly of God Stoneham, 41921 Marble Avenue, Stoneham, Colorado
80754, for 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, on the following described real estate,
being more particularly described as follows:
Subdivision Exemption, SUBX18-0015; being a part
of the NW1/4 NE1/4 of Section 5, Township 7 North,
Range 56 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present and represented by
Mike Yarrington, American Building Systems, LLC, 19780 Chambers Drive, Sterling, Colorado
80751, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 - The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-10. B 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
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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.
2) Section 22-2-30.C.6 states: "Encourage the preservation,
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. The ability
to allow an additional structure supports and preserves the use of
the historical church onsite.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land Uses." The
proposal is compatible with the surrounding properties and does not
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 23-2-230.B.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
onsite 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 16 surrounding property owners within
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.
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D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is 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 23-2-230.B.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, County Facility Fee,
and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
Use. The 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 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Assembly of God Stoneham, for 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, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall submit evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for
Church use.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
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C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR21-0006.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate on the map the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the existing landscaping and/or screening.
6) The map shall delineate the existing and proposed lighting.
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.
8) The map shall delineate the parking area for the customers and/or
employees.
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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
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 the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
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13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows, showing how the traffic moves around the property.
15) This site will be required to meet all requirements of the American
Disability Act (ADA). ADA parking spaces are 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.
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 a
Condition 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 120 days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required 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.
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: drttitev< ,JCdtO;‘,k, EXCUSE
Steve
Weld County Clerk to the Board
BY: �1ivw t
Deputy Clerk to the Boar
APP' .'' ED AS
County ttorney
Date of signature: 07/3-0/2
S
Lori Sain
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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, is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The parking area on the site shall be maintained.
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 permitted by this USR.
5. The existing landscaping/screening on the site shall be maintained.
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.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld
County Code.
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.
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.
10. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
12. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
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13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
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.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. Weld County is not responsible for the maintenance of on -site drainage related features.
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,
and 2020 National Electrical Code. A Building Permit application must be completed and
wstwo (2) complete sets of engineered plans, bearing the wet stamp of a Colorado
registered architect or engineer, must be submitted for review. A Geotechnical
Engineering Report performed by a Colorado registered engineer or an Open Hole
Inspection shall be required.
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
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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."
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 people moving into these areas must
recognize the various impacts associated with this development. Oftentimes, 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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