HomeMy WebLinkAbout20070139.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1575 FOR A USE SIMILAR TO THE USES LISTED AS USE BY SPECIAL
REVIEW(ASSISTED LIVING RESIDENCE) AS LONG AS THE USE COMPLIES WITH
THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE DISTRICT - MARILYN
TAYLOR
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 31st day of
January, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Marilyn Taylor, 7507 Weld County Road 39, Fort Lupton, Colorado 80621, for a
Site Specific Development Plan and Use by Special Review Permit#1575 for a use similar to the
uses listed as Use by Special Review(assisted living residence)as long as the use complies with
the general intent of the A(Agricultural)Zone District,on the following described real estate,being
more particularly described as follows:
Lot B of Recorded Exemption#4053;being part of the
NW1/4 of Section 32, Township 2 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was 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 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.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Goal 4)states,"Conversion of agricultural land to non urban 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." The application materials indicate
that the site can support the proposed use.The Conditions of Approval and
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SPECIAL REVIEW PERMIT#1575 - MARILYN TAYLOR
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Development standards ensure that a reasonable attempt will be made to be
compatible with the region.
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.V of the Weld County Code
provides for uses similar to the uses listed in Section 23-3-40 as Use by
Special Review as long as the use complies with the general intent of the
A (Agricultural)Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The surrounding property is
primarily agricultural, and Platte Valley Airpark PUD with a few homes is
located directly to the west of the site. Use by Special Review#1322, for
Sparboe Horizon Corporation, is located to the north of the site for 260,100
chickens. The Development Standards and Conditions of Approval will
ensure compatibility with adjacent properties.
d. Section 23-2-230.6.4--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 subject
property lies within the three-mile referral area of the City of Fort Lupton and
the Town of Hudson. The City of Fort Lupton and the Town of Hudson have
indicated in their referrals,dated August 22,2006,and September 13,2006,
respectively, that they have no objections to the application.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
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 Stormwater/Drainage Impact Fee.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The United States Department of Agriculture (U.S.D.A.) Soils Maps
indicate that the soils on this property are designated as "none" on the
Important Farmland of Weld County Map,dated 1979. The size of the parcel
(3.1 acres) does not allow for a viable farming option.
g. 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 ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
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SPECIAL REVIEW PERMIT#1575 - MARILYN TAYLOR
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NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the application of Marilyn Taylor for a Site Specific Development Plan and
Use by Special Review Permit#1575 for a use similar to the uses listed as Use by Special Review
(assisted living residence)as long as the use complies with the general intent of 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 provide current evidence to the Departments of Public
Health and Environment and Planning Services that the facility has an
adequate water supply. The applicant has submitted a"Permit to Construct
a Well" #64660-F documentation from the Office of the State Engineer,
Colorado Division of Water Resources. At this time, the well has not been
drilled. Evidence of written approval shall be submitted to the Department of
Planning Services.
B. The water system shall comply with the Colorado Primary Drinking Water
Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld
County Department of Public Health and Environment that the system
complies with the Regulations. Alternately, the applicant can provide
evidence from the Water Quality Control Division that they are not subject to
these requirements. Evidence of written approval shall be submitted to the
Department of Planning Services.
C. The applicant shall provide written evidence to the Weld County Department
of Public Health and Environment that the applicant has contacted the
Colorado Department of Public Health, Health Facilities, and Emergency
Medical Services Division. This contact shall determine if an Assisted Living
Residence License, pursuant to Section 25-27-101, C.R.S., is required, or
provide evidence that the applicant is not subject to the Assisted Living
Residence requirements. Evidence of written approval shall be submitted
to the Department of Planning Services.
D. The applicant shall submit a revised plat including the appropriate number
of parking spaces as approved by the Department of Planning Services,to
the Department of Public Works, for review of the circulation on the site.
E. The applicant shall submit a Lighting Plan, in compliance with Section
23-4-50 of the Weld County Code, for review and approval.
F. The applicant shall provide the Department of Planning Services with a
Maintenance Plan which is in compliance with Section 23-2-250.F of the
Weld County Code.
G. The applicant shall enter into a Private Improvements Agreement According
to Policy Regarding Collateral for Improvements and post adequate collateral
for all landscaping, transportation (access drive, parking areas, etcetera),
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and non-transportation(plant materials,fencing,screening,water,signage,
etcetera)items. The agreement and form of collateral shall be reviewed by
County staff,and accepted by the Board of County Commissioners, prior to
recording the Use by Special Review plat; or, the applicant may submit
evidence that all the work has been completed and approved by the
Departments of Planning Services and Public Works.
H. The applicant shall address the requirements and concerns of the Hudson
Fire Protection District, as stated in the referral response dated
September 12,2006. Written evidence of approval shall be submitted to the
Department of Planning Services.
The applicant shall address the requirements and concerns of the Weld
County Department of Public Works, as stated in the referral responses
dated August 25, 2006, and September 20, 2006. Written evidence of
approval shall be submitted to the Department of Planning Services.
J. The applicant shall submit a recorded Shared Access Agreement between
Lots A and B of Recorded Exemption#4053 to the Department of Planning
Services.
K. The plat shall be amended to delineate the following:
1) All the pages of the plat shall be labeled USR-1575.
2) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
3) The appropriate dumpster screening shall be submitted to the
Department of Planning Services for review and shall be delineated
on the plat.
4) The location of the well appears to be within the access and utility
easement. This well shall be located outside of the easement.
5) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, recycled asphalt, asphalt, concrete, or the
equivalent, and shall be graded to prevent drainage problems.
6) Weld County Road 39 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. There is presently 60 feet of right-of-way.
A total of 30 feet from the centerline of Weld County Road 39 shall be
delineated on the plat as right-of-way. This road is maintained by
Weld County.
7) The parking spaces, as approved by the Department of Planning
Services,shall be equipped with wheel guards or curb blocks,when
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necessary,to prevent vehicles from extending beyond the boundary
of the space and from coming into contact with other vehicles,walls,
fences, or plantings.
8) The attached Development Standards.
9) Should exterior lighting be a part of this facility, all light standards
shall be delineated in accordance with Section 23-3-250.8.6 of the
Weld County Code.
10) The recorded Shared Access Agreement between Lots A and B of
Recorded Exemption #4053 shall be shown on the plat.
11) The applicant 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 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 thirty(30)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 respectively 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. 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.
5. Prior to issuance of building permit:
A. One month prior to construction, a Stormwater Discharge Permit may be
required for a development/redevelopment/construction site where a
contiguous or non-contiguous land disturbance is greater than,or equal to,
one acre in area. The applicant shall contact the Water Quality Control
Division of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information.
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B. The applicant shall submit building plans to the Hudson Fire Protection
District for review and approval. A letter of approval shall be submitted to the
Department of Building Inspection.
6. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System is required for the proposed assisted
living residences 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.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 31st day of January, A.D., 2007.
BOA OF COUNTY COMMISSIONERS
WEL UNTY, COLORADO
ATTEST: LAMP,i` E11> ,p `�u C
�; ;d E. Long, Chair
Weld County Clerk to the Bo-�861 � o
Era3 m J ,Prof Tem
Deputy Clerk to the Board � s, H°1 ' —
Willia F. arcia
APPROVAS TO , \\3 am
' _
Robert D. Masden
/
u y ttorneyr �- q �� �—
Bou§ R?e�macher'
Date of signature: `'/7/O 7
2007-0139
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
MARILYN TAYLOR
USR#1575
1. The Site Specific Development Plan and Use by Special Review Permit#1575 is for a use
similar to the uses listed as Use by Special Review(assisted living residence)as long as
the use complies with the general intent of the A(Agricultural)Zone District,as indicated in
the application materials on file 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. The facility is a twenty-four hour operation, as stated in the application material.
4. The site shall be limited to no more than four(4)employees and sixteen(16)residents, as
stated in the application material.
5. There shall be no parking within the public right-of-way.
6. If any outdoor storage is needed in the future,it shall be screened from adjacent properties
and rights-of-way.
7. Animal units shall comply with Section 23-1-90 of the Weld County Code at all times, as
stated in the application material.
8. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
9. 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.
10. 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.
11. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
12. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in Section 25-12-103, C.R.S.
13. Adequate hand washing and toilet facilities shall be provided for employees and residents
of the facility.
14. 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.
15. A permanent,adequate water supply shall be provided for drinking and sanitary purposes.
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16. The water system shall comply with the requirements for a community water system as
defined in the Primary Drinking Water Regulations (5 CCR 1003-1).
17. The operation shall comply with all applicable rules and regulations of the Colorado
Department of Public Health and Environment, Health Facilities and Emergency Medical
Services Division.
18. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The applicant shall submit building plans to the Hudson Fire Protection District for review
and approval prior to the issuance of building permits. A letter of approval shall be submitted
to the Department of Building Inspection.
21. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that 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.
22. The site must take into consideration storm water capture/quality and provide accordingly
for Best Management Practices.
23. A plan review is required for any additional building. Plans shall bear the wet stamp of a
Colorado registered architect or engineer.
24. Buildings shall conform to the requirements of the various codes adopted by Weld County
at the time of permit application. The proposed building will most likely be classified as a
R-4 residency.
25. Buildings may require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection preformed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
26. Fire resistance of walls and openings,construction requirements,maximum building height,
and allowable areas will be reviewed at the plan review. Setback and offset distances shall
be determined by the Weld County Code.
27. Building height shall be measured in accordance with the 2003 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.
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28. 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.
29. 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.
30. The landscaping on the site shall be maintained in accordance with the approved
Landscaping and Screening Plan.
31. On-site lighting, including security lighting if applicable, shall maintain compliance with
Section 23-3-250.6.6 of the Weld County Code.
32. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion,re-completion,re-entry,production,and
maintenance operations associated with existing or future operations located on these
lands.
33. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
35. 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.
36. 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.
37. 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.
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