HomeMy WebLinkAbout20092203.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR-1698
Matthew & Kristina Green
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a child
care center (daycare up to 12 children) in the A (Agricultural) Zone District.
Lot A RE -3524 located in Part of the SW4 of Section 16, T6N, R66W of the 6th
P.M., Weld County, Colorado.
North of and adjacent to State Highway 392 and approximately % miles east of
CR 29.
be recommended favorably to the Board of County Commissioners for the following reasons:
The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-20.1 Section 22-2-20.1
A.Policy 9.3 states "Consider mitigation techniques to address incompatibility issues.
Encourage techniques and incentives, such as but not limited to clustered development and
building envelopes, to minimize impacts on surrounding agricultural land." Further, Section
22-2-20.1 A.Policy 9.5 states "Applications for a change of land use in the agricultural areas
should be reviewed in accordance with all potential impacts to surrounding properties and
referral agencies. Encourage applicants to communicate with those affected by the proposed
land use change through the referral process." Finally, Section 22-2-20.1.5 A.Policy 5 states:
"Minimize the incompatibilities that occur between commercial uses and surrounding
properties." Section 22-2-100.E.1. C.Policy 5.1.states: "Consider the compatibility with
surrounding land uses and natural site features." The facility is located on a small acreage
that was created through a Recorded Exemption. All structures associated with the proposed
use are constructed, no further structural development is planned. The uses on adjacent
property are similar in use and intensity with single family residences on large parcels greater
than one acre in size. Development Standards and Conditions of Approval will ensure that
the proposed use will be compatible with the vicinity.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.S of the Weld County Code provides for a Site Specific
Development Plan and a Special Review Permit for A Child Care Center in the A
(Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property is in irrigated farmland in production.
There is a separation of the land use between the Greeley No. 2 Irrigation Ditch to the North
and State Highway 392 to the South. There are several Recorded Exemption parcels
adjacent to the west and east that were not of significant size and configuration conducive for
crop production. There are five property owners within 500 feet of the property. Staff has not
received correspondence or telephone inquiries indicating a concern with the proposal.
Conditions of Approval and Development Standards will ensure compatibility with the
surrounding area.
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
2009-2203
Resolution USR-1698
Matthew & Krishna Green
Page 2
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The proposed facility is located within an existing single family residence with
a fence yard. The Town of Eaton, approximately 3 miles to the northeast return a referral
dated April 9, 2009 indicating no conflicts with their interests. The City of Greeley and Town
of Severance did not return the referral.
E. Section 23-2-220.A.5 -- The site does lie within several Overlay Districts.
Effective January 1, 2003, Building Permits issued on the subject site will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.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 ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1698 (Department of Planning Services)
2. All Sheets of the USR Plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
3. The attached Development Standards. (Department of Planning Services)
4. The plat shall delineate any signs in compliance with Article IV, Division 2 of the
Weld County Code. (Department of Planning Services)
5. State Highway 392 requires 200 feet right-of-way at full build out. A total of 100 feet
from the centerline of State Highway 392 shall be delineated for future expansion of
State Highway 392. (Colorado Department of Transportation)
6. Should exterior lighting be a part of this facility, all light standards shall be delineated
on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County
Code. (Department of Planning Services)
7. The applicant shall provide a parking plan that designates parking spots for
employees, customers, and business/delivery trucks. The parking locations shall be
dimensioned and shown according to Section 23-2-260 of the Weld County Code.
(Department of Planning Services)
B. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. 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
Resolution USR-1698
Matthew & Kristina Green
Page 3
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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 thirty (30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Amended 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: dhuerterco.weld.co.us. (Department of Planning Services)
4. Prior to operation:
A. The applicant shall provide a written sign -off from the Eaton Fire Protection District to the
Department of Building Inspection. (Department of Building Inspection)
5. Prior to New Construction:
A. The applicant shall address the requirements (concerns) of the Weld County Department
Building Inspection, as stated in the referral response dated May 8, 2009. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Building Inspection)
6. 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)
Motion seconded by Bill Hall.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Erich Ehrlich
Mark Lawley
Nick Berryman
Against Passage Absent
Doug Ochsner
Roy Spitzer
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 4, 2009.
Dated the 4th of August, 2009.
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Matthew and Kristine Green.
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USR-1698
A Site Specific Development Plan and a Special Use Permit for Child Care Center (daycare for up to
12 children under the age of 16) in the A (Agricultural) Zone District and subject to the Development
Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. 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 and
Environment)
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, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
5. 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 and Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
7. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 14-9-30 of the Weld County Code. (Department of Public Health and Environment)
8. Adequate handwashing and toilet facilities shall be provided for employees, daycare children and
residents of the facility, at all times. (Department of Public Health and Environment)
9. 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 and Environment)
10. The facility shall utilize the existing public water supply, North Weld County Water District.
(Department of Public Health and Environment)
11. The applicant shall comply with the General Rules for Child Care Facilities issued by the Colorado
Department of Human Resources, Division of Childcare. (Office of the State Engineer)
12. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
13. A building permit application must be completed and two sets of plans including engineered
foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
14. A plan review shall be approved and a permit issued prior to the start of construction. (Department of
Building Inspection)
• 15. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Resolution USR-1698
Matthew & Kristina Green
Page 5
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Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
16. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy
Conservation Codes, the 2008 National Electrical Code and Chapter 23 of the Weld County Code are
being enforced. (Department of Building Inspection)
17. A letter of approval shall be provided to the Department of Building Inspection from the Eaton Fire
Protection District prior to construction of any structure. (Department of Building Inspection)
18. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250. B.6 of the Weld County Code. (Department of Planning Services)
19. 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. (Department of Public Works)
20. The hours of operation are 7:00A.M. to 6:00P.M. Monday through Friday. (Department of Planning
Services)
21. The facility is limited to one (1) employee. (Department of Planning Services)
22. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
23. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
24. 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)
25. 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)
26. Personnel from the Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
27. The 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.
28. 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)
i -ace
LEGAL DESCRIPTION
LOCATION:
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (dog agility and dog obedience training
for 35 dogs) and a Kennel for five (5) dogs in the A (Agricultural) Zone District.
Lot A of RE -1796 being part of the W2 of Section 27, T2N, R67W of the 6th
P.M., Weld County, Colorado.
East of and adjacent to CR 19 and south of CR 18.
Michelle Martin, Planning Services, stated that she has spoken with the applicants and they wish for this
item to remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1698
Matthew & Kristina Green
Kim Ogle
A Site Specific Development Plan and Use by Special Review Permit for a child
care center (daycare up to 12 children) in the A (Agricultural) Zone District.
Lot A RE -3524 located in Part of the SW4 of Section 16, T6N, R66W of the 6th
P.M., Weld County, Colorado.
North of and adjacent to State Highway 392 and approximately % miles east of
CR 29.
Kim Ogle, Planning Services, stated that the applicants wish for this case to remain on the consent agenda.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved to approve the Consent Agenda which includes cases USR-1698 and USR-1699 and
that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval, seconded by Bill Hall.
Motion carried.
The Chair read the following case into record.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR-1691
Marcos Sanchez
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (recreational vehicle storage) in the A
(Agricultural) Zone District.
Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
East of and adjacent to CR 35 and approximately Yz mile south of State Hwy 34.
Chris Gathman, Planning Services, stated that this application is for a recreational vehicle storage ranging
from small boats and trailers to larger RVs.
The storage area is located in the eastern half of the parcel. The proposed keyed/gated entry to the site would
allow for 24 hour availability for customer access. An on -site manager will be on the property and will be
staying in the existing single family residence.
The site is currently in violation (ZCV-08-00223). If this Use by Special Review application is approved
and the plat is recorded the property will be in compliance. If approved, this will correct the violation. If
denied, the violation case will proceed accordingly through a violation hearing and possibly district court.
The use borders two residential subdivisions located within the City of Greeley and the City of Evans to the
north and to the east. A vacant parcel is located immediately to the north of the site and single-family
residences are located immediately to the east of the site. A single-family residence is located across 471h
Avenue. Two existing Use by Special Review Permits for storage of recreational vehicles and a daycare
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