HomeMy WebLinkAbout20112072 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1781 FOR A RESIDENTIAL THERAPEUTIC CENTER IN THE
A (AGRICULTURAL) ZONE DISTRICT - THE GENESIS PROJECT OF NORTHERN
COLORADO
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 3rd day of
August, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of The Genesis Project of Northern Colorado, P.O. Box 200087, Evans,
Colorado 80620, for a Site Specific Development Plan and Use by Special Review
Permit#1781 for a Residential Therapeutic Center in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #4372; being part of
the NW1/4 of Section 6, Township 6 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Karla Grieser, 20110
Jubilee Way, LaSalle, Colorado 80645, 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 23-2-230.8 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 22-2-20.G.2 (A.Policy 7.2) states "Conversion of
agricultural land to nonurban residential, commercial, and
industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt
to be compatible with the region."
CC LA 91_1 Qw,HL , Appl. 2011-2072
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2) Section 22-2-110.F states "Rural Residential developments are
characterized by limited urban amenities, limited livestock and/or
other non-urban components. These types of residential
developments are generally located in areas between towns, or
beyond the urbanizing regions of the County. . . ."
3) Section 22-2-120.A (R.Goal 1) states, "Ensure that adequate
services and facilities are currently available or reasonably
obtainable to serve the residential development or district."
Further, Section 22-2-120.A.1 (R.Policy 1.1) states, "The land use
applicant should demonstrate that adequate sanitary sewage and
water systems are currently available or reasonably obtainable to
serve residential development proposals."
4) Section 22-2-120.A.4 (R.Policy 1.4) states, "The land use
applicant should demonstrate that public service providers such
as schools, emergency services, fire protection and other
providers are informed of the proposed development and are
given adequate opportunity to comment on the proposal."
The proposed Residential Therapeutic Center is a faith-based, non-profit
organization dedicated to developing a ministry and support system for
young women and girls. The residential facilities will consist of sleeping
quarters for six (6) or seven (7) mothers and children and living quarters
for a resident house parent who functions in a 24-hour supervisory and
security position. Communal kitchen, dining facilities, and common areas
will also be provided for the residents of the facility. Educational
opportunities, life skill training, and counseling are tailored to each client's
needs based on an internal assessment. Educational seminars will be
administered by tutors and will not require the utilization of the public
school system. Referrals were requested of multiple public service
providers, including the Weld County Sheriff's Office, Weld County
Paramedic Service, Weld County School District RE-2, and the Galeton
Fire Protection District. To date, referrals were not received from these
agencies.
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.CC of the Weld County
Code allows for a Site Specific Development Plan and Use by Special
Review Permit for a Residential Therapeutic 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 application
materials indicate that the proposed development will be one single family
residence and several outbuildings, located on a five (5) acre parcel of
land, which is similar in size and intensity to that of the surrounding
properties. Surrounding lands are predominately rural residential with
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outbuildings and livestock, predominately horses and cows. A similar
facility, approximately one mile to the east of the community of Galeton is
Triangle Cross Ranch, [AmUSR-703] which ministers to adult mentally
challenged individuals in a group home setting. The Conditions of
Approval and Development Standards will ensure that the proposed
operation will be compatible with existing 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 property is not located within an Intergovernmental
Agreement Area or within the three-mile referral area of a municipality.
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is within the
County-Wide Road Impact Fee Area and the Capital Expansion Impact
Fee area. Effective April 25, 2011, building permits issued on the
proposed lots will be required to adhere to the fee structure of the
County-Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the proposed lot will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee.
f. 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 site is designated as "Irrigated Land - Not
Prime" on the northern half and "Prime If Irrigated" on the southern half of
the site, per the 1979 Soil Conservation Service Important Farmlands of
Weld County Map. Given the five (5) acre tract of land and lack of
irrigation water for the property, the applicant is not taking agricultural
land out of production.
g. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
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 The Genesis Project of Northern Colorado, for a
Site Specific Development Plan and Use by Special Review Permit #1781 for a Residential
Therapeutic 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 plat shall be amended to delineate the following:
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1) All sheets of the plat shall be labeled USR-1781.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Sections 23-2-260.C.11 and 23-3-350.A.6 of the Weld County
Code address 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.
5) County Road 49 is designated on the Weld County Road
Classification Plan as a local gravel road, which requires 60 feet of
right-of-way at full buildout. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way
cannot be verified, it shall be dedicated. This road is maintained
by Weld County.
6) Show the existing access onto County Road 49 on the plat and
label it with the approved Access Permit number (will be
provided).
7) Submit the calculations for the Water Quality Depression and
show the feature on the plat. Label it as "Water Quality, No Build
or Storage Area".
8) The approved Lighting Plan for the Facility.
B. The applicant shall address the requirements/concerns of the Weld
County Department of Public Works, as stated in the referral response
dated May 19, 2011. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
C. The applicant shall address the requirements/concerns of the Weld
County Department of Public Health and Environment, as stated in the
referral response dated May 20, 2011. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning
Services.
D. The applicant shall submit a Dust Abatement Plan, detailing on-site dust
control measures, for review and approval, to the Environmental Health
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Services Division of the Weld County Department of Public Health and
Environment. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment.
F. The applicant shall submit a Lighting Plan, to address the facility lighting,
including security lighting, operational lighting, and emergency lighting, for
review and approval.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, 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 the Department of Planning Services. 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.
3. 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.
4. Prior to the Release of Building Permits:
A. Building permits shall be obtained prior to starting. A plan review is
required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for
each permit. The applicant shall include a Code Analysis Data Sheet for
the Weld County Department of Building Inspection for each structure that
requires a permit. Submittal plans shall include a floor plan showing the
specific uses of each area for the building. Plans shall bear the wet
stamp of a Colorado Licensed Architect or Engineer.
B. Buildings 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: 2006 International Building Code; 2006
International Mechanical Code; 2006 International Plumbing Code; 2006
International Fuel Gas Code; 2006 International Energy Code; 2003 ICC
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ANSI 117.1 Accessibility Code; 2008 National Electrical Code, and
Chapter 29 of the Weld County Code.
5. Prior to the issuance of the Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S.
Regulations.
C. The applicant shall submit evidence of an Underground Injection Control
(UIC) Class V Injection Well Permit from the Environmental Protection
Agency (EPA) for any large-capacity septic system (a septic system with
the capacity to serve 20 or more persons per day). Alternately, the
applicant may provide evidence from the EPA that they are not subject to
the EPA Class V requirements.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
7. 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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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: !/ 1///".
Barbara Kirkmeyer Chair /
Weld County Clerk to the B E L�
�„N=.ean Pro-Tem �r
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BY
Deputy To the Bo. }, <
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Date of signature:
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE GENESIS PROJECT OF NORTHERN COLORADO
USR#1781
1. A Site Specific Development Plan and Use by Special Review Permit #1781 is for a
Residential Therapeutic 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. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, 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.
4. 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.
5. 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.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. 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.
8. 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.
9. Adequate drinking, hand washing, and toilet facilities shall be provided for residents and
employees of the facility, at all times.
10. 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.
11. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. The facility shall utilize the existing public water supply (North Weld County
Water District).
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
13. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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14. Effective April 25, 2011, 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.
15. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of acceptance of the permit application. Currently, the following codes have
been adopted by Weld County: 2006 IBC; IMC; IPC; IECC; 2008 National Electrical
Code; and Chapter 29 of the Weld County Code.
16. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application.
17. A letter of approval from the Galeton Fire Protection District is required prior to issuing
building permits.
18. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
19. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
20. 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.
21. Should 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, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
22. 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.
23. 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.
24. Weld County will not be responsible for maintenance of any on-site drainage facilities.
25. 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,
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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.
26. 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.
27. 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.
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