HomeMy WebLinkAbout20131499.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR13-0011, FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL)
ZONE DISTRICT - JENNIFER JAQUISH
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 26th day
of June, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Jennifer Jaquish, 9350 County Road 13, Longmont, CO 80504, for a
Site Specific Development Plan and Use by Special Review Permit, USR13-0011, for a Child
Care Center in the A (Agricultural) Zone District, on the following described real estate, being
more particularly described as follows:
Lot A of Recorded Exemption, RE -3463; being part
of the SW1/4 of Section 18, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Mickey
Leyba-Farnesworth, Permontes Group, 625 Main Street, Longmont, Colorado 80501, 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. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G (A. Policy 7.2) 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." Conditions of Approval
and Development Standards will ensure that the proposed use will
be compatible with the area. The surrounding property is primarily
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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 Conditions of Approval and Development Standards will also
ensure the proposed use will be compatible with the area.
B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of
the A (Agricultural) 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.
C. Section 23-2-230.B.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. Conditions of Approval and Development Standards will
ensure that this use will be compatible with surrounding land uses.
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 located within the three-mile referral area for
the Towns of Frederick and Firestone. The Town of Frederick indicated,
in the referral dated April 4, 2013, "not in town planning area, no
comment." The Town of Firestone, in an email dated May 8, 2013,
indicated it did not support the increased traffic over the Firestone
Regional Trail due to safety concerns. A follow-up email was sent by the
Town of Firestone, dated May 9, 2013, indicating 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 will work through that process
with the applicant. The Conditions of Approval address the sentiments of
the Town of Firestone's referral.
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E. Section 23-2-230.6.6 -- 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. The total size of the parcel is
approximately 2.52 acres, and the applicant is using the existing
improvements for the Child Care Center, therefore, they are not utilizing
any additional farmland.
F. 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 Jennifer Janquish, for a Site Specific
Development Plan and Use by Special Review Permit, USR13-0011, for a Child Care Center 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 plat:
A. The applicant shall address the requirements of the Weld County
Department of Building Inspection, as stated in the referral received
April 10, 2013. Written evidence of such shall be provided to the
Department of Planning Services.
The applicant will need to obtain an updated 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.
C. The applicant shall submit evidence of a Child Care Facility License from
the Colorado Department of Human Services, Division of Child Care (12
CCR 2509-8).
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).
E. The City of Firestone has annexed this portion of County Road (CR) 13.
The applicant shall provide written evidence of access approval from the
City of Firestone for the existing access off of CR 13.
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F. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR13-0011.
2) The plat shall be prepared per Section 23-2-260.D of the Weld
County Code.
3) The attached Development Standards.
4) The applicant shall show the approved access point on the plat
with the updated easement reception number.
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 properties and public
rights -of -way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
6) The plat shall delineate the location and size of the proposed sign,
if any, per Chapter 23, Article IV, Division 2 and Appendix 23- C,
D and E of the Weld County Code.
7) The plat shall delineate the location of the lighting to be used on
site, if any.
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 the 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.
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.
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.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit
an electronic version (.pdf), or three (3) paper copies, of the plat to the Weld
County Department of Planning Services for preliminary approval. The plat shall
be prepared in accordance with the requirements of Section 23-2-260.D of the
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Weld County Code. Upon approval of the plat, the applicant shall submit a Mylar
plat, along with all other documentation required as Conditions of Approval. The
Mylar plat and additional requirements shall be submitted within one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The applicant shall
be responsible for paying the recording fee.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of June, A.D., 2013.
ATTEST:
Weld County Clerk to the Board
c
BY.
Deputy Cler
BOARD OF COUNTY COMMISSIONERS
WELLDD NTY, COLORADO
l�v
illiam F. Garcia, Chair
60 (m��� r� d
uglas�Rademadher, Pro-Tem
can P. Conway
APP:. �/' D AS TE �o�M� iaoi r1� � , AtPirn.—
JUL 3 0 2013
Date of signature:
Attorney
Barbara Kirkmeyer
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JENNIFER JAQUISH
USR13-0011
1. A Site Specific Development Plan and Use by Special Review Permit, USR13-0001, is
for a Child Care Center in the A (Agricultural) Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The hours of operations shall be limited to 6:00 a.m. — 7:00 p.m., Monday through
Friday, as stated in the application.
4. The number of employees shall be limited to two (2) and the maximum number of
children shall be limited to twelve (12), as stated in the application.
5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S.,) shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
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, Section 30-20-100.5, C.R.S.
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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
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.
10. This facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone District, as delineated in Section 14-9-30 of the Weld County Code.
11. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
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 (I.S.D.S.).
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
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submitted to the Weld County Department of Public Health and Environment. In the
event the system is found to be inadequate, the system must be brought into compliance
with current Weld County I.S.D.S. Regulations.
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).
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).
16. The applicant shall comply with the General Rules for Child Care Facilities issued by the
Colorado Department of Human Services, Division of Child Care (12 CCR 2509-8).
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
19. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm runoff.
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.
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 of the adjacent
properties in accordance with the plan. Neither the direct, not 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.
22. Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program.
23. Building Permits issued on the lot will be required to adhere to the fee structure of the
County Facility Fee and Drainage Impact Fee Programs.
24. The Use by Special Review 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.
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25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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 Approval and Development Standards stated herein and all
applicable Weld County regulations.
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.
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.
30. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 International Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 International Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
31. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the plat and recognized at all times.
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