HomeMy WebLinkAbout20092202.tiffRESOLUTION
RE: APPROVE 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
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 August, 2009, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Matthew and Kristina Green, 14259 State Highway 392, Greeley,
Colorado 80631, 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, on the following described real estate, being more particularly described as follows:
Lot A of Recorded Exemption #3524; being part of
the SW1/4 of Section 16, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the applicants were present at said hearing, 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 applicants 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 applicants have
shown compliance with Section 23-2-230.B 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.
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,
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SPECIAL REVIEW PERMIT #1698 - MATTHEW AND KRISTINA GREEN
PAGE 2
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 which 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 properties are similar in use and intensity, with single family
residences on large parcels greater than one (1) acre in size. The
Conditions of Approval and Development Standards will ensure that the
proposed use will be compatible with the vicinity.
b. Section 23-2-230.6.2 -- 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 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 surrounding
property is 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 are 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. The Conditions of Approval and Development Standards will
ensure compatibility with the surrounding area.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with the 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 proposed facility is located within an
existing single family residence with a fenced yard. The Town of Eaton,
approximately three (3) miles to the northeast, returned a referral dated
April 9, 2009, indicating no conflict. The City of Greeley and the Town of
Severance did not return a referral response.
e. Section 23-2-230.B.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 -Wide Road
Impact Fee Program. 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
Programs.
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SPECIAL REVIEW PERMIT #1698 - MATTHEW AND KRISTINA GREEN
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f. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent
effort to conserve prime agricultural land in the locational decision for the
proposed use.
9.
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 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, 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:
1) All sheets shall be labeled USR-1698.
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.
4) The plat shall delineate any signs in compliance with Chapter 23,
Article IV, Division 2, of the Weld County Code.
5) State Highway 392 requires 200 feet right-of-way at full buildout.
A total of 100 feet from the centerline of State Highway 392 shall
be delineated on the plat for future expansion of State
Highway 392.
6) Should exterior lighting be a part of this facility, all light standards
shall be delineated on the plat and shall be in accordance with
Section 23-3-250.B.6 of the Weld County Code.
7) The applicants shall provide a parking plan which designates
parking spots for employees, customers, and business/delivery
trucks. The parking locations shall be dimensioned and shown
on the plat, according to Section 23-2-260 of the Weld County
Code.
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B. The applicants shall submit two (2) paper copies of the plat, for
preliminary approval, to the Weld County Department of Planning
Services.
2. Upon completion of Condition of Approval #1 above, the applicants 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 thirty
(30) days from the date of the Board of County Commissioners Resolution. The
applicants shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully 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@co.weld.co.us.
4. Prior to new construction:
A. The applicants shall address the requirements and concerns of the Weld
County Department of 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.
5. 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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SPECIAL REVIEW PERMIT #1698 - MATTHEW AND KRISTINA GREEN
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of August, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD ,COUNT j(, COLORADO
ATTEST:
Weld County Clerk to tt/e`B
BY:
Deputy Clerk to the
APPORM:
Date of signature: a
illiam F. Garcia, Chair
Pro-Tem
EXCUSED
Sea P. Conway
arbara Kirkmeyer
County Attorney EXCUSED
David E. Long
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MATTHEW AND KRISTINA GREEN
USR-1698
1. A Site Specific Development Plan and a Use by Special Review Permit #1698 is for a
Child Care Center (daycare for up to 12 children) in the A (Agricultural) Zone District and
subject to the Development Standards stated hereon.
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, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner which 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 which controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. 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.
Adequate hand washing and toilet facilities shall be provided for employees, daycare
children, and residents of the facility, at all times.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
10. The facility shall utilize the existing public water supply, North Weld County Water
District.
11. The applicants shall comply with the General Rules for Child Care Facilities issued by
the Colorado Department of Human Resources, Division of Childcare.
12. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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 Colorado registered engineer shall be required.
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DEVELOPMENT STANDARDS - MATTHEW AND KRISTINA GREEN (USR-1698)
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14. A plan review shall be approved, and a permit issued, prior to the start of construction.
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 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.
16. The 2006 International Building, Residential, Plumbing, Mechanical, Fuel, Gas, and
Energy Conservation Codes, the 2008 National Electrical Code, and Chapter 29 of the
Weld County Code shall be enforced.
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.
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.
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.
20. The hours of operation are from 7:00 a.m., to 6:00 p.m., Monday through Friday.
21. The facility is limited to up to three (3) employees.
22. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County -Wide Road Impact Fee Program.
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 Programs.
24. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
25. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
26. Weld County Government personnel 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.
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27. 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.
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.
29. The applicant shall comply with the Colorado Department of Transportation (CDOT)
access permit and the State Highway 392 Access Control Plan.
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