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HomeMy WebLinkAbout20131501.tiffWELD-000NTY u Planner: Michelle Martin Case Number: USR13-0011 Applicant: Site Address: Request: Legal Description: Location: Size of Parcel LAND USE APPLICATION SUMMARY SHEET Hearing Date: June 4, 2013 Jennifer Jaquish 9350 County Road 13, Longmont, CO 80504 A Site Specific Development Plan and Use by Special Review Permit for a Child Care Center in the A (Agricultural) Zone District Lot A of RE -3463 being part of SW4 of Section 18, T2N, R67W of the 6th P.M., Weld County, CO East of and adjacent to County Road 13 and North of County Road 20 2.52 Acres +/- Parcel No. 1311-18-300067 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS 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: r Weld County Department of Public Health and Environment, referral dated 3/18/13 and an email dated 4/18/13 Weld County Department of Building Inspection, referral dated 4/10/13 Weld County Department of Public Works, referral dated 4/11/13 Frederick -Firestone Fire Protection District, referral dated 3/18/13 Town of Frederick, referral dated 4/4/13 State of Colorado Division of Water Resources, referral dated 4/5/13 Town of Firestone, email dated 5/8/2013 and 5/9/2013 The Department of Planning Services' staff has received referral responses without comments from the following agencies: Longmont Soil Conservation District, referral dated 4/9/13 Weld County Zoning Compliance, referral dated 3/14/13 The Department of Planning Services' staff has not received responses from the following agencies: State of Colorado Department of Health School District RE -1J Weld County Sheriff's Office Colorado Parks and Wildlife Ambulance Services Jennifer Jaquish USR13-0011, page 1 u Planner: Michelle Martin Case Number: USR13-0011 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Hearing Date: June 4, 2013 Applicant: Jennifer Jaquish Site Address: 9350 County Road 13, Longmont, CO 80504 Request: A Site Specific Development Plan and Use by Special Review Permit for a Child Care Center in the A (Agricultural) Zone District Legal Description: Lot A of RE -3463 being part of SW4 of Section 18, T2N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 13 and North of County Road 20 Size of Parcel: 2.52 Acres +/- Parcel No. 1311-18-300067 THE 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 22-2-150D.A Goal 4 states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses will be accommodated when the subject site is in an area that can support such development. Such development shall attempt to be compatible with the region." Development Standards and Conditions of Approval will ensure that the proposed use will be compatible with the area. The surrounding property is primarily agricultural in nature. Section 23- 2-240.A.10 of the Weld County Codes states "...that buffering or screening of the proposed use from adjacent properties may be required in order to make the determination that the proposed use is compatible with the surrounding uses." The majority of the proposed Child Care Center is located within the basement of the applicant's home therefore minimizing the impacts to surrounding property owners. The Development Standards and Conditions of approval will also ensure the proposed use will be compatible with the area. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A) Zone District. Section 23-3-40.T of the Weld County Code allows for, A Site Specific Development Plan and Use by Special Review Permit for a Child Care Center in the A (Agricultural) Zone District. Jennifer Jaquish USR13-0011, page 2 C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The facility is located in a primarily residential area on a parcel containing several improvements including a house and detached garage. Adjacent properties to the north and south are mainly utilized for residential purposes. The eastern property has a Use by Special Review (USR-1174) for 125 dogs and 35 cats. The property to the west is within the municipal limits of the Town of Firestone and is a residential subdivision (Noname Creek Estates). The Weld County Department of Planning Services has not received any opposition from the surrounding property owners. Development Standards and Conditions of Approval will ensure that this use will be compatible with surrounding land uses. 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 for the Towns of Frederick and Firestone. The Town of Frederick indicated in their referral dated 4/4/13 "not in town planning area, no comment." The Town of Firestone in their May 8 email indicated they did not support the increased traffic over the Firestone Regional Trail due to safety concerns. A follow email was sent by the Town of Firestone dated May 9 indicating town staff thinks it would be in the best interest of all concerned if the applicant has the opportunity to request an amend to the current easement to the Firestone Town Board directly. Town staff is happy to work thought that process with the applicant. The conditions of approval address the sentiments of the Town of Firestone's referral. E. Section 23-2-220.A.5 -- The application complies with Article V of the Weld County Code. The existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee and Drainage Impact Fee areas. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) 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 proposed facility is located on soils designated as "Irrigated Land (not prime)" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. This total size of the parcel +/- 2.52 acres but the applicant is using the existing improvements for the child care center therefore not utilizing any additional farmland. G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of 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. Jennifer Jaquish USR13-0011, page 3 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 plat: A. The applicant shall address the requirements of the Weld County Building Department as stated in their referral received April 10, 2013. Written evidence of such shall be provided to the Department of Planning Services. (Weld County Building Department) B. The applicant will need to obtain an update the access easement with the Town of Firestone. The current easement is for residential and agricultural uses only and not for commercial purposes. A recorded copy of the updated easement shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall submit evidence of a Child Care Facility License from the Colorado Department of Human Resources, Division of Child Care (12 CCR 2509-8). (Department of Public Health & Environment) D. The applicant shall submit evidence that the drinking water well complies with the requirements of Section 4-101 of the Colorado Department of Public Health and Environment, Consumer Protection Division's Rules and Regulations Governing the Health and Sanitation of Child Care Facilities (6 CCR 1010-7). (Department of Public Health & Environment) E. The City of Firestone has annexed this portion of County Road 13. The applicant shall provide written evidence of access approval from the City of Firestone for the existing access off of County Road 13. (Department of Public Works) F. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled USR13-0011. (Department of Planning Services) 2) The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 3) The attached Development Standards. (Department of Planning Services) 4) Show the approved access point on the plat with the updated easement reception number. (Department of Planning Services) 5) The applicant shall delineate the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights -of -way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 6) The plat shall delineate the location and size of the proposed sign, if any per Article IV, Division 2 and Appendix 23- C, D and E of the Weld County Code. (Department of Planning Services) 7) The plat shall delineate the location of the lighting to be used on site, if any. Jennifer Jaquish USR13-0011, page 4 (Department of Planning Services) 8) The Department of Planning Services has determined from the application materials that eleven (11) parking spaces and one (1) ADA parking space will be required on site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning Services) 9) The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50.E of the Weld County Code. (Department of Planning Services) 2. Prior to the Certificate of Occupancy: A. The applicant shall conduct an on -site fire code inspection to ensure the business meets all the related fire code requirements. (Frederick -Firestone Fire Protection District) 3. The applicant shall submit one (1) electronic copy or two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 4. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) 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) 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a�co.weld.co.us. (Department of Planning Services) Jennifer Jaquish USR13-0011, page 5 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Jennifer Jaquish USR13-0011 1. A Site Specific Development Plan and Use by Special Review Permit for a Child Care Center in the A (Agricultural) Zone District. (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 hours of operations shall be limited to 6:00 am — 6:00 pm Monday through Friday, as stated in the application. (Department of Planning Services) 4. The number of employees shall be limited to 2 and the maximum number of children shall be limited to 12, as stated in the application. (Department of Planning Services) 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 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. (Department of Public Health & Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health & Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health & Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health & Environment) 11. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health & Environment) 12. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems (Department of Public Health & Environment) 13. Any additional hydraulic load to an existing septic system will require an Evaluation from a Colorado Registered Professional Engineer. The engineer's evaluation shall be submitted to the Weld County Environmental Health Department. In the event the system is found to be inadequate, the system must be brought into compliance with current Weld County Individual Sewage Disposal Regulations. (Department of Public Health & Environment) Jennifer Jaquish USR13-0011, page. 6 14. The drinking water well shall comply with the requirements of Section 4-101 of the Colorado Department of Public Health and Environment, Consumer Protection Division's Rules and Regulations Governing the Health and Sanitation of Child Care Facilities (6 CCR 1010-7). (Department of Public Health & Environment) 15. The applicant shall comply with Rules and Regulations Governing the Health and Sanitation of Child Care Facilities issued by the Colorado Department of Public Health and Environment, Consumer Protection Division (6 CCR 1010-7). (Department of Public Health & Environment) 16. The applicant shall comply with the General Rules for Child Care Facilities issued by the Colorado Department of Human Resources, Division of Child Care (12 CCR 2509-8). (Department of Public Health & Environment) 17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 18. The applicant is proposing a well as its source of water (Commercial Well Permit 290532). The applicant should be made aware that the well permit may limit the quantity of water available for the specific uses. (Department of Public Health & Environment) 19. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 20. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. (Department of Public Works) 21. 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; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 22. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) (Department of Planning Services) 23. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 24. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 27. 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 Jennifer Jaquish USR13-0011, page. 7 Approval and Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 28. 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) 29. 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. (Department of Planning Services) 30. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2012 International Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code:; 2012 International Fuel Gas Code; 2006 International Energy Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Building Department) 31. Prior to the release of building permit, the applicant shall submit evidence of approval from the Frederick -Firestone Fire Protection District to the Weld County Building Department. (Building Department) 32. WELD COUNTY'S RIGHT TO FARM: 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. Jennifer Jaquish USR13-0011, page. 8 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 pivot operations, high speed traffic, sand burs, 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. Jennifer Jaquish USR13-0011, page. 9 May 03, 2013 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3571 FAX: (970) 304-6498 LEYBA-FARNSWORTH MICKEY 625 MAIN STREET LONGMONT, CO 80501 Subject: USR13-0011 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as: PTSW4 SECTION 18, T2N, R67W LOT A REC EXEMPT RE -3463 of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 4, 2013, at 1:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on June 26, 2013 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative 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 VV'AV weldcountyplanningcases-orq If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.05.03 08:42:44 -0600' Michelle Martin Planner DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL: mmartin@co.weld.co.us PHONE: (970) 353-6100, Ext. 3571 FAX: (970) 304-6498 March 14, 2013 LEYBA-FARNSWORTH MICKEY 625 MAIN STREET LONGMONT, CO 80501 Subject: USR13-0011 - A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL) ZONE DISTRICT On parcel(s) of land described as: PTSW4 SECTION 18, T2N, R67W LOT A REC EXEMPT RE -3463 of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Commission(s) for their review and comments: Firestone at Phone Number 303-833-3291 Frederick at Phone Number 720-382-5500 Please call the listed Planning Commissions, for information regarding the date, time and place of the meeting and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully. Digitally signed by Kristine Ranslem Reason: I am the author of this document Date: 2013.03.14 14:14:38 -06'00' Michelle Martin Planner FIELD CHECK Inspection Date: 5/z Z/Zc 13 Planner: Michelle Martin Case Number: USR13-0011 Applicant: Jennifer Jaquish Site Address: 9350 County Road 13, Longmont, CO 80504 Request: A Site Specific Development Plan and Use by Special Review Permit for a Child Care Center in the A (Agricultural) Zone District Legal Description: Lot A of RE -3463 being part of SW4 of Section 18, T2N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 13 and North of County Road 20 Size of Parcel: 2.52 Acres +/- Parcel No. 1311-18-300067 Zoning Land Use N A (Agricultural) N Residential E A (Agricultural) E Residential — USR1174 Kennel 125 Dogs and 35 cats S A (Agricultural) S Residential W Town of Firestone VV Town of Firestone — Firestone Trail COMMENTS: The property has an existing house and detached garage. The access to the property is off of CR 13 but the access crosses property owned by Town of Firestone for the Firestone trail. The property sits higher than CR 13. Michelle Martin, Planner Michelle Martin From: Mary Evett Sent: Monday, April 08, 2013 5:30 PM To: Michelle Martin Cc: Mickey Leyba-Farnsworth Subject: FW: USR13-0011 Tiny Tykes Child Care Center Attachments: Septic Inspection and Receipt 4.2.13.pdf Michelle, EHS's condition regarding evaluation of the existing septic system for the proposed child care facility has been met. Mary Evett Environmental Health Specialist Weld County Department of Public Health and Environment 1555 N 17th Ave Greeley, CO 80631 tel: 970-304-6415, Extension 2216 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: Mickey Leyba-Farnsworth[mailto:MLeyba@permontesgroup.com] Sent: Monday, April 08, 2013 2:54 PM To: Mary Evett Cc: Michelle Martin Subject: RE: USR13-0011 Tiny Tykes Child Care Center Mary — Attached for your review and records is the pump receipt and a septic tank inspection report required to complete the septic system evaluation for USR13-0011. Please let me know if you have any questions or require additional information. Have a great day. Mickey Leyba-Farnsworth Presi den t/Pr oject Director 11C 1 n Iont t,•1rn nit 625 Malr Street I Longmont, CO 80501 Office 172016844981 (Cell 130317463530, 17201212.9598 Toll Fee ..866-471- 73691 Fax. 866563.9212 1 From: Mary Evett [mailto:mevett@co.weld.co.us] Sent: Thursday, March 28, 2013 11:03 AM To: Mickey Leyba-Farnsworth Cc: Michelle Martin Subject: RE: USR13-0011 Tiny Tykes Child Care Center Mickey, Based on the engineer's evaluation, the existing septic system SP -0300245 is adequate for the proposed child care facility along with 3 residents living in the home. To complete the septic system evaluation, the septic tank needs to be pumped and inspected. See the attached Policy by Environmental Health Services. The applicant will need to submit to Environmental Health Services a pump receipt from a licensed septic cleaner and a septic tank inspection report. Thank you, Mary Evett Environmental Health Specialist Weld County Department of Public Health and Environment 1555 N 17th Ave Greeley, CO 80631 tel: 970-304-6415, Extension 2216 WM- 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: Mickey Leyba-Farnsworth[mailto:MLeyba@permontesgroup.com] Sent: Wednesday, March 27, 2013 1:34 PM To: Mary Evett Cc: Michelle Martin Subject: USR13-0011 Tiny Tykes Child Care Center Mary — This email is in response to your initial completeness review of the Tiny Tykes Child Care Services Center application, USR13-0011. Health Department Comment No. 1 indicates that Environmental Health Services will require an Engineering evaluation of the existing septic system to determine if it is adequate for the proposed additional hydraulic load of the proposed daycare business. The engineering evaluation has been completed and a copy of the engineer's sealed evaluation letter is attached for your review. Based on the attached evaluation, the existing system should have the capacity to handle the additional hydraulic load and not be adversely affected by the proposed daycare use. Please let me know if you have any questions or require additional information. Have a great day. Mickey Leyba-Farnsworth 2 President/Project Director pi !num(,,roUI) 625 Main Street I Longmont, CO 30501 Office'. (7201634.4981 Cell'. (303)7463530, )720j212.9593 Toll F ee. 366-471 73 69 1 Fax 366.563.9212 nt -r;... ;,r=r tcrn :, 3 Michelle Martin From: Mickey Leyba-Farnsworth [MLeyba@permontesgroup.com] Sent: Monday, May 20, 2013 12:13 PM To: Rebecca Toberman Cc: Theo Abkes; Dave Lindsay; Michelle Martin; Bruce Nickerson Subject: RE: Day Care Referral Attachments: 129.001 Tiny Tykes USR_REV 2.pdf Rebecca — I met with my Client regarding options for addressing the Town's concerns with respect to the access agreement from Colorado Blvd (County Road 13). As I previously mentioned, our USR application is scheduled to go in front of the Weld County Planning Commission on June 4I and we would like to request that we be scheduled for a Town Board Hearing as soon as possible. Base on my discussion with Bruce Nickerson, it was my understanding that the existing access easement would remain unchanged and we would propose a new easement agreement which would run with the proposed USR13-0011 (Tiny Tykes Daycare Facility). My Clients are proposing an access easement agreement for a commercial child daycare facility for up to a maximum of 12 children. The existing access location and width would remain unchanged and the following improvements and maintenance commitment would include: 1. One "Stop" Sign placed at the intersection of the access drive and Colorado Blvd. 2. Two "Yield to Pedestrian" Signs placed on both the east and west sides of the Firestone Trail. 3. The 20 -foot wide access drive (approximately 55 LF) from the Town's concrete trail east to the Daycare site will he improved with recycled asphalt or road base. 4. Tiny Tykes Daycare will commitment to snow removal each side of the Town's concrete trail (driveway to be plowed each morning after heavy snowfall) Attached for your reference is a copy of the proposed USR13-0011 Plat. Please let me know if you need any additional information in order to schedule our request for a Town Board hearing as soon as possible. Thank you for your time and assistance. Mickey Leyba-Farnsworth President/Project Director pLrnunui'x2ronp 625 Main Street I Longmont, CO 80501 Office. (720)684.4981 ICell 1303i7463530; 1720)212.9598 Toll Fee ..866-471-73691 Fax. 866.563 9212 From: Rebecca Toberman [mailto:FirestonePlanning@me.com] Sent: Wednesday, May 15, 2013 7:29 PM To: Mickey Leyba-Farnsworth Cc: Theo Abkes; Dave Lindsay; mmartin@co.weld.co.us; Bruce Nickerson Subject: Re: Day Care Referral Hi Mickey, 1 Once we receive your request, we will get this on the Board Agenda as soon as we are able to. Thank you, Rebecca Toberman Planning Coordinator & Town Clerk Office (303) 531-6260 Mobile (303) 885-4828 From: Mickey Leyba-Farnsworth <mleyba@permontesgroup.com> Date: Tuesday, May 14, 2013 5:26 PM To: Rebecca Toberman <FirestonePlanning@me.com> Cc: Theo Abkes <tabkes@ci.firestone.co.us>, Dave Lindsay <dllndsay@ccginc.us>, "mmartin@co.weld.co.us" <mmartin@co.weld.co.us>, Bruce Nickerson <brucenickerson@me.com> Subject: RE: Day Care Referral Rebecca — Thank you for the follow up email. I will be meeting with my Client tomorrow to discuss options for addressing the Town's concerns with respect to the access easement. Once I email you our proposed revisions to the existing access easement will you be able to schedule us for a Town Board Hearing so we may request an amendment to the current easement agreement? Thank you for your assistance. Mickey Leyba-Farnsworth President/Project Director inrnun11tsl4rnup 625 Mair Street I Longmont, CO 80501 Office. 17201684.4981 (Cell (303'746 3530, (720J212 9598 Toll Fee. 866-471-73691 Fax. 866563.9212 From: Rebecca Toberman[mailto:FirestonePlanninq(a`me.com] Sent: Monday, May 13, 2013 6:26 PM To: Mickey Leyba-Farnsworth Cc: Theo Abkes; Dave Lindsay; mmartin@co.weld.co.us; Bruce Nickerson Subject: Re: Day Care Referral HI Mickey, In follow up to your conversation with Bruce, this is to confirm that you are going to provide us with a redline of the existing Access Easement or provide specific bullet business points that specifically address mitigating concerns (mud, ice, signage, etc.). Please let us know if we misunderstood any of this information. Thank you, Rebecca Toberman Planning Coordinator & Town Clerk Office (303) 531-6260 Mobile (303) 885-4828 From: Bruce Nickerson <brucenickerson@me.com> Date: Thursday, May 9, 2013 4:41 PM To: <mmartin@co.weld.co.us> Cc: Theo Abkes <tabkes@ci.firestone.co.us>, Dave Lindsay <dInclsay@ccginc.us>, Rebecca Toberman 2 <FirestonePlanning@me.com>, Mickey Leyba-Farnsworth <mleyba@permontesgroup.com> Subject: Day Care Referral Michelle, Please listen to the voicemail I left you today and call me when you get a chance regarding the day care center along Colorado Boulevard in Firestone. For your information we had a constructive conversation with the applicant's engineer today regarding potential ways to mitigate the primary concerns of Firestone Town staff regarding mud and ice on the trail, necessary signage for safety issues, etc. Please update our previous comments with this information. At this point, Town staff thinks it would be in the best interest of all concerned if the applicant has the opportunity to request an amendment to the current easement to the Firestone Town Board directly. Town staff is happy to work through that process with the applicant. Bruce Nickerson Firestone Town Planner o: 303-833-3291 m: 303-506-3828 3 H SI VOILJ. IS - I! NMI f1O21OO 0A19 00V80103 .1/S a. S U TINY TYKES DAYCARE F W W M 2 U) 0 W O W ¢u z z I- 0 • , OL H OIL Q J m ffOlIS 3` (MO a ,09) (l CVOXLLLNI7O7 TINY TYKES DAYCARE Company Name O c N OF + Nc Phone number: Tao cfl9 4a/O /1117 374bn 9350 WrR,s CustoneName: I I t.I3 Ti3ke 5 Address ofPuapIDW Ponying Date: ''i - I - ! 3 1: Tank Size 1000 Gallons Pumped: / Oc p c2 2. Lift Station: Yes No yes, Wig= Yes No___ 3. Excessive water running back into tank from field? Yes___ If yea, estimate in gallons: 4. E igdd level in tank over inlet line? Yes No ti 5.. Tank C (check onal Brick Concrete Metal Plastic or Fiberglass Cesspool or Seepage Pit_ Otber 6. Tank Coffin Observed: One Cont_Two 7. Inlet/outlet tees and/or bas in good condition? Yes fNo _ n '' - 8. Filter on outlet cleaned and inspected (if applicable)? Yes No AU fi U -aka -9. Access to clean -out lids within 8 inches of grade? Inlet Yes ✓No Outlet Yes_�1�___ 10.20 IDL plastic replaced and sealed over lid (floodplainonly)? Yes No t/ 11. Tank/lid structurally sound and water tight? Yes I/ No___ 12. Obvious cracks/leaks observed? Yes No If yes, explaia area 13. Other conditions noted which may affect proper functioning of system? 14 Reason for Service: Maintenance Real Estate Sale Emergency/Backup Other 15. Notes: "?,t i. (M E610--Pap'J Company Name ,`S o c fl) l71' 1 Nc Phone rumba: Tao cfl9 £p/O Customer Name: I N U� T ke C ra Sin Address of Pumping 936-0 l tiC R .! Pig Date: L1 - 1-3 1. Tank Size: 1000 Gallons Pumped: 10;306; 2. Lill Station: Yes No yes, mgr Yes No___ 3. Excessive water xnatingback into tank from fold? Yes No�� If yes, estimate in gallons: 4. Li prod level in tank over inlet line? Yes No ti 5.. Tank (check one) Concrete,,// Metal_ Brick _ Plastic or Fiba8lass Cesspool or Seepage Pit _ Other 6. Tank Construction Observed: One Coate_— Two Co 7. Inlet/outlet tees and/or baffles in good eandbtn? Yes ' __ '.i_�' 8. Filter on outlet cleaned and inspected (f applicable)? Yesgin /n U441O -3. Access to clean -out lids within 8 inches of grade? - Inlet Yes ✓No Outer Yes _k---NO- 10. 20 ml. plastic replaced and sealed over lid (floodplainonly)? Yes No �c 11. Tank/lid turally sound and watertight? Yes 1! No___ 12. Obvious aacks/leaks observed? Yes No If yes, explain area: 13. Othconditions noted which may affect pmoper functioning of system? 14. Reason for Service: Maintenance Real Estate Sal _ Emneneyffiad029 Other 15. Notes b c cJ "?.iLaU� �_ !M Itch — PUPAL N Order No. a Date 44. 1- 1 20 o M (n d . m o • Q � ow • d MDSE S01 D 7 • v• , MOSL. HETO RECD. ON V l CASH CHARGE CAS F. I CREDIT ACC,: -NOTE MISCL PAIC CUT claims and returned poods,MUST ge\accompaned by this bill. (.9IL; l?561 �. � Sale an 1 Received By U — it broken or cracked driveways. TAX I TOTAL w S S YJ Q W i tr O x ; U Z Hello