HomeMy WebLinkAbout20051589 RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1507 FOR USES SIMILAR TO A CHILD CARE CENTER (SPECIFICALLY A
GROUP HOME FOR MENTALLY DISABLED CHILDREN AND ADULTS),AND FOR ONE
SINGLE-FAMILY DWELLING UNIT (OTHER THAN THOSE PERMITTED UNDER
SECTION 23-3-20.A OF THE WELD COUNTY CODE), IN THE A (AGRICULTURAL)
ZONE DISTRICT- LA, LLC
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 15th day of
June, 2005, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of LA, LLC, 1801 Broadway, Suite#1600, Denver, Colorado 80202, for a Site Specific
Development Plan and Use by Special Review Permit#1507 for uses similar to a Child Care Center
(specifically a group home for mentally disabled children and adults), and for one Single-Family
Dwelling Unit (other than those permitted under Section 23-3-20.A of the Weld County Code), in
the A(Agricultural)Zone District on the following described real estate, to-wit:
Lot B of Recorded Exemption #2704, being part of
the S1/2 NW1/4 of Section 34, Township 8 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by George Mozeika, 19564 East Amherst
Drive, Aurora, Colorado 80013, 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 recommendations 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 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect. Section 22-2-60
(A.Policy 1.1)states,"Agricultural zoning will be established and maintained
and promote the County's agricultural industry. Agricultural zoning is
intended to provide areas for agricultural activities and other uses
interdependent upon agriculture." The application materials indicate the
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SPECIAL REVIEW PERMIT#1507 - LA, LLC
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location of the site will allow the home to be located in an agricultural
community-based setting in order that the residents can benefit from the
occupational and work therapy opportunities afforded by farm life.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. The use is very similar to a child care center.
Sections 23-3-40.S and 23-3-40.V of the Weld County Code provide for
child care centers and similar uses as a Use by Special Review in the
A(Agricultural) Zone District. Section 23-3-40.L of the Weld County Code
provides for one single-family dwelling unit per lot, other than those
permitted under Section 23-3-20.A of the Weld County Code, as a Use by
Special Review in 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. Surrounding properties are
agricultural in nature, with limited residences. The proposed use should
have little impact on the surrounding area.
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 site
lies within the three-mile referral area for the Town of Ault. In a referral
response dated February 22, 2005, the Town of Ault indicated no conflict
with the proposal.
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 lot will be required
to adhere to the fee structure of the County-Wide Road Impact Program.
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 site is designated "Prime" by the U.S.D.A. Soil Conservation
Service. The use is intended to allow the residents to live in an agricultural
setting where they can benefit from the occupational and work therapy
opportunities afforded by farm life.
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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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of LA, LLC, for a Site Specific Development Plan and Use
by Special Review Permit#1507 for uses similar to a Child Care Center(specifically a group home
for mentally disabled children and adults), and for one Single-Family Dwelling Unit (other than
those permitted under Section 23-3-20.A of the Weld County Code), 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 applicant shall provide written evidence to the Department of Planning
Services that the following requirements have been completed to the
satisfaction of the Weld County Department of Public Health and
Environment:
1) 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 Human Services and/or the
Weld County Department of Social Services. This contact shall
determine if a group home license or other licensing permit is
required, or provide evidence that the applicant is not subject to any
licensing requirement.
B. The plat shall be amended to delineate the following:
1. All pages of the plat shall be labeled USR-1507.
2. The attached Development Standards.
3. The plat shall clearly show that Lot A of Amended Recorded
Exemption #2704 is not located within the boundaries of the USR.
4. Weld County Road 43 is designated on the Weld County Road
Classification Plan as a collector status road, which requires an
80-foot right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County
Road 43 shall be delineated as right-of-way reservation on the plat.
The road is maintained by Weld County.
5. The location of the future residence/guest house and the
non-residential building as described in application materials.
C. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
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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 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 maosAco.weld.co.us.
4. Prior to issuance of building permits:
A. 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 (1) acre in area. The applicant
shall inquire with the Colorado Department of Public Health and
Environment, Water Quality Control Division (WQCD), at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant can provide
evidence from WQCD that they are not subject to these requirements.
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.
6. 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 15th day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
1 WELD COUNTY, COLORADO
moyee..4
William H. ke, Chair
my Clerk to the Board
. e ile, Pro-Tem
Deputy Clerk to the Board
David E. Long
AP A •
SD. Masden
un ttorney
Glenn Vaad
Date of signature: 14A`eZ$"_
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LA, LLC
USR#1507
1. The Site Specific Development Plan and Use by Special Review Permit#1507 is for uses
similar to a Child Care Center(specifically a group home for mentally disabled children and
adults), and for one Single-Family Dwelling Unit (other than those permitted under
Section 23-3-20.A of the Weld County Code), in 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 applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or
pollutant runoff.
4. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so
that vermin infestation, odors, disease hazards, and nuisances are minimized. Such
wastes shall be removed at least weekly from the facility and disposed by a commercial
hauler.
5. 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
that protects against surface and groundwater contamination.
6. 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.
7. 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.
8. The applicant shall operate in accordance with the approved Waste Handling Plan.
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
11. Adequate hand washing and toilet facilities shall be provided for employees and clients of
the facility.
12. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
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13. The facility shall utilize the existing public water supply(North Weld County Water District).
14. The applicant shall obtain a Stormwater Discharge Permit from the Colorado Department
of Public Health and Environment, Water Quality Control Division, if applicable.
15. The applicant shall comply with the Colorado Department of Human Services and/or the
Weld County Department of Social Services for any licensing or permits as required by law.
16. The applicant shall comply with all applicable rules and regulations of the Colorado
Department of Agriculture (CDA), Division of Animal Industry.
17. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code.
18. The site shall utilize the existing access, as no additional accesses shall be granted.
19. The off-street parking and the access drive shall be surfaced with gravel, or the equivalent,
and shall be graded to prevent drainage problems.
20. The historical flow patterns and run-off 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 run-off rate and velocity increases,
diversions, concentration and/or unplanned ponding of storm run-off.
21. 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 Program.
22. A building permit shall be obtained prior to the construction of any new building.
23. A plan review is required for each building for which a building permit is required. Plans
shall include a floor plan, and plans for the group home shall bear the wet stamp of a
Colorado registered architect or engineer. Two complete sets of plans are required when
applying for each permit. Include a Code Analysis Data sheet provided by the Weld County
Department of Building Inspection with each building permit application. Provide plans to
the Ault-Pierce Fire Protection District for its review and approval.
24. 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: 2003
International Building Code, 2003 International Mechanical Code, 2003 International
Plumbing Code, 2003 International Fuel Gas Code, and the 2002 National Electrical Code,
and Chapter 29 of the Weld County Code.
25. The Group Home will probably be classified a R-4 (Adult/Child Care Facility). Section
903.2.7 of the 2003 International Building Code requires Group R-4 homes to have an
Automatic Fire Sprinkler installed. The building shall be accessible to persons with
disabilities. 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 Chapter 23 of the Weld County Code.
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26. 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. Offset and setback requirements are measured to the farthest
projection from the building.
27. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development, completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
28. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
29. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
30. Weld County 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.
31. 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.
32. 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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