HomeMy WebLinkAbout20092393.tiffHEARING CERTIFICATION
DOCKET NO. 2009-44
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1698 FOR A CHILD CARE CENTER (DAYCARE UP TO 12 CHILDREN) IN THE
A (AGRICULTURAL) ZONE DISTRICT - MATTHEW AND KRISTINA GREEN
A public hearing was conducted on August 26, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated July 13, 2009, and duly published July 16, 2009,
in the Windsor Beacon, a public hearing was conducted to consider the request of Matthew and
Kristina Green for a Site Specific Development Plan and Use by Special Review Permit #1698
for a Child Care Center (daycare up to 12 children) in the A (Agricultural) Zone District. Bruce
Barker, County Attorney, made this a matter of record. Chair Garcia advised the applicant,
Matthew Green, that he has the option of continuing the matter to a date when the full Board will
be present. However, if he decides to proceed today, the matter will require three affirmative
votes, or the matter will be deemed denied. Mr. Green indicated he would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written.
He stated the site is located north of State Highway 392, east of County Road 29, and is within
the three-mile referral area for the Towns of Eaton and Severance, and the City of Greeley. He
clarified the Town of Eaton indicated no conflicts with the proposed use, and the Town of
Severance and the City of Greeley did not respond to the referral request. He indicated the
surrounding property is mainly irrigated farmland, and the Greeley No. 2 Irrigation Ditch is north
of the site. He further indicated there are five surrounding property owners within 500 feet of the
property, water is provided to the site from the North Weld County Water District, and an
approved septic system handles the effluent flow. He confirmed the applicant's residence is
located on the site, and the primary access, which is graveled and graded, is on State Highway
392. He stated the yard is fenced and contains a large amount of landscaping. He indicated
twelve referral agencies reviewed the application materials, and nine have provided comments
which have been addressed within the Conditions of Approval and Development Standards. He
confirmed no letters of concern or telephone calls have been received, and he displayed
photographs of the site and surrounding area. Responding to Commissioner Rademacher,
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Mr. Ogle clarified the ditch runs along the north side of the property, and is visible from the
residence; however, the ditch is adequately bermed.
Don Dunker, Department of Public Works, stated the access to the site is on State
Highway 392, and the traffic counts completed in 2008 indicate an average of over 6,000
vehicles per day. He stated the applicant expects two to three vehicles accessing the site in the
mornings and evenings, for the drop-off and pick-up of children. He confirmed the Colorado
Department of Transportation (CDOT) has granted a shared access, and the applicant will be
required to delineate 100 feet of right-of-way from the centerline. He requested the addition of
Development Standard #29, as referenced within his memorandum dated August 26, 2009. He
confirmed the staging of vehicles on roadways will not be allowed, and the site is not located
within the floodplain.
Lauren Light, Department of Public Health and Environment, stated potable water will be
provided by the North Weld County Water District, and a letter has been provided which
indicates the tap is sufficient for the proposed use. She further stated the applicant will utilize
the existing septic system, and a letter from an engineer has been provided, indicating the
system is of a sufficient size to accommodate up to twelve daycare children. She confirmed the
Department does not have any outstanding concerns, and the applicant has already completed
most of the requirements listed within the Resolution. In response to Chair Garcia, Ms. Light
confirmed if the applicant desires to increase the number of allowable employees, a new letter
would need to be provided from the engineer, indicating the septic system is large enough to
handle the increased load. She clarified the letter previously provided by the engineer only
referenced the addition of the daycare children, and did not address additional employees.
Mr. Green indicated the septic system was purposely oversized when it was installed, and it can
accommodate use by up to 40 people. He confirmed his wife has been providing daycare
services for a long time, obtaining a very positive reputation within the community. He clarified
there will not be a large amount of vehicle trips to the site on a daily basis, as transportation is
provided by the applicant for many of the children. In response to Commissioner Rademacher,
Kristina Green, applicant, clarified the children she currently cares for range in age from 1.5 to
11 years in age. Commissioner Rademacher expressed his concern regarding the proximity of
the ditch, since the applicant's property only contains a split -rail fence. Mr. Green confirmed the
State has completed inspections of the facility, and all requirements have been met. He further
confirmed the fence contains a backing, therefore, children cannot slip between the railings.
Mr. Ogle displayed one of the photographs previously presented, depicting the fence with the
described backing. Mr. Green clarified he decided not to install a tall opaque privacy fence due
to the amount of wind and blowing dirt experienced on the site. He further indicated the
backyard does contain a pool, and the proper certification has been received from the State for
the use of the pool by daycare children.
Responding to Commissioner Rademacher, Mr. Green indicated the number of children enrolled
within the daycare would have to increase to be able to utilize additional employees at the
facility. He confirmed his wife does not desire to obtain a license as a "daycare facility" and she
is currently defined by the State as a "large family daycare provider." Commissioner
Rademacher indicated if the applicant intends to utilize part-time help in the future, now would
be a good time to seek approval for additional employees, otherwise, an amendment to the
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permit may be required in the future, which would incur a additional fee. Commissioner
Kirkmeyer questioned whether the Resolution is indicating that the facility is limited to one
employee, or one employee in addition to the applicant, Ms. Green. Mr. Green confirmed
Ms. Green is the licensed provider, and she is allowed to have one additional employee. He
clarified there must be one adult per eight children. Commissioner Kirkmeyer suggested that
the applicant increase the number of allowable employees, in case an additional employee is
necessary in the future. She clarified she understands the applicant may not ever have the
need to employ more than two additional employees; however, if approved by the Board, the
flexibility would exist, if necessary. Commissioner Rademacher concurred and indicated it
appears the septic system will be large enough to accommodate additional employees. In
response to Commissioner Rademacher, Ms. Green confirmed she does not want to extend the
hours of operation for the facility, and she confirmed she would like to discuss the possibility of
allowing an additional employee at the facility. Further responding to Commissioner
Rademacher, Ms. Light reiterated a new letter of review for the septic system from an engineer
will be the only requirement necessary to be handle an addition of employees. Mr. Green
confirmed he will request a new letter from the engineer previously utilized and will submit the
letter to staff.
No public testimony was offered concerning this matter.
In response to Commissioner Kirkmeyer, Mr. Ogle confirmed the original plans for the facility
were to provide daycare services for up to eight children, therefore, the applicant is required to
provide an updated letter from the Eaton Fire Protection District, as required within Condition of
Approval #4.A, since the use was increased to twelve children. Commissioner Kirkmeyer
indicated it is not necessary to include the Condition within the Resolution, since Development
Standard #17 indicates a letter should be provided, prior to the construction of any new
structure. Mr. Ogle clarified the language was added to the Conditions of Approval to indicate to
the applicant that review by the Eaton Fire Protection District would be required for any new
construction; however, he concurred with Commissioner Kirkmeyer's request for the deletion of
Condition of Approval #4.A. The Board concurred with the deletion of Condition of
Approval #4.A. Following discussion between the Board and the applicant, the Board concurred
with the modification of Development Standard #21 to state, "The facility is limited to up to
three (3) employees." The Board further concurred with the addition of Development
Standard #29, as previously requested by Mr. Dunker.
In response to Chair Garcia, Mr. Green indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Matthew and Kristina Green for a
Site Specific Development Plan and Use by Special Review Permit #1698 for a Child Care
Center (daycare up to 12 children) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. Her motion included the
deletion of Condition of Approval #4.A, with the required re -numeration; the modification of
Development Standard #21 to state, "The facility is limited to up to three (3) employees"; and
the addition of Development Standard #29 to state, "The applicant shall comply with the
Colorado Department of Transportation (CDOT) access permit and the State Highway 392
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Access Control Plan." The motion was seconded by Commissioner Rademacher, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:20 a.m.
This Certification was approved on the 31st day of August, 2009.
BOARD O OUNTY COMMISSIONERS
WELD _C,O COLORADO
ATTEST:
Weld County Clerk to the.
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BY
Deputy Clerk to theEXCUSED
Ham F. Garcia, Chair
/O
D.uglas ttademac erg Pro -Tern
Sean P. Conway
rbara Kirkmeyer
FXCUSFII
David E. Long
o
2009-2393
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EXHIBIT INVENTORY CONTROL SHEET
Case USR-1698 - MATTHEW AND KRISTINA GREEN
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 08/04/2009)
Memo re: Proposed Development Standard, dated
D. Public Works Staff 08/26/09
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HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF AUGUST, 2009:
DOCKET #2009-44 - Matthew and Kristina Green
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