HomeMy WebLinkAbout20051591 INVENTORY OF ITEMS FOR CONSIDERATION
Applicant LA, LLC, c/o George Mozeika Case Number USR-1507
Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form
Letter to Applicant
Affidavit and photograph of sign posting
Legal Notifications
2 Application X
Maps
Deed/Easement Certificate/Certificate of Conveyance
Surrounding Property/Mineral Owners
• Utilities
Soil Survey
3 Referral List X
Referrals without comment
Colorado Division of Wildlife, referral received 2/28/2005
School District RE-9, referral received 2/25/2005
Town of Ault, referral received 2/22/2005
Weld County Zoning Compliance, referral received 2/18/2005
4 Referrals with comments X
Weld County Department of Public Health and Environment, referral received
3/2/2005
Weld County Department of Public Works, referral received 3/4/2005
Weld County Department of Building Inspection, referral received 3/9/2005
West Greeley Soil Conservation District, referral received 3/4/2005
5 Planning Commicsion Rocolution
6
7
I hereby certify that the 5 items identified herein were submitted to the Department of Planning Services at or prior to the
scheduled Planning Commissioners hearing.
Jk•
Sheri Lockman Planner IIHIBR
2005-1591 A
WLiD�. LANDAPPLICATION
SUMMARY SHEET
COLORADO
Planner: Sheri Lockman
Case# : USR-1507 Hearing Date: May 3, 2005
Applicant: LA, LLC, c/o George Mozeika
Address: 19564 E. Amherst Drive, Aurora, CO 80013
Request: A Site Specific Development Plan and a Special Review Permit for a uses similar to a Child
Care Center(specifically a group home for mentally disabled children and adults)and for one
single-family dwelling unit per lot other than those permitted under section 23-3-20.A of the
Weld County Code in the A(Agricultural)Zone District.
Legal
Description: Lot B RE-2704; Part of the S2 NW4 Section 34, T8N, R65W of the 6th P.M.,Weld County,
Colorado
Location: East of and adjacent to County Road 43; 1/4 mile south of County Road 88
Parcel#: 0551 34 200002 Parcel Size: 76.36+/- acres
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral received 2/18/2005
• Weld County Department of Public Health and Environment, referral received 3/2/2005
•
Weld County Department of Public Works, referral received 3/4/2005
• Weld County Department of Building Inspection, referral received 3/9/2005
•
School District RE-9, referral received 2/25/2005
•
Colorado Division of Wildlife, referral received 2/28/2005
• West Greeley Soil Conservation District, referral received 3/4/2005
• Town of Ault, referral received 2/22/2005
The Department of Planning Services' staff has not received responses from the following agencies:
• Weld County Sheriffs Office
•
Ault Fire Protection District
• Weld County Department of Social Services
• North Weld County Water District
USR-1507 LA LLC 1 $y EXHIBIT
7 '
fint(*;4 SPECIAL REVIEW PERMIT
WI`De ADMINISTRATIVE REVIEW
COLORADO
Planner: Sheri Lockman
Case# : USR-1507 Hearing Date: May 3, 2005
Applicant: LA, LLC, c/o George Mozeika
Address: 19564 E. Amherst Drive, Aurora, CO 80013
Request: A Site Specific Development Plan and a Special Review Permit for a uses similar to a Child
Care Center(specifically a group home for mentally disabled children and adults)and for one
single-family dwelling unit per lot other than those permitted under section 23-3-20.A of the
Weld County Code in the A(Agricultural)Zone District.
Legal
Description: Lot B RE-2704; Part of the S2 NW4 Section 34, TBN, R65W of the 6th P.M., Weld County,
Colorado
Location: East of and adjacent to County Road 43; 1/4 mile south of County Road 88
Parcel#: 0551 34 200002 Parcel Size: 76.36+/- acres
THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.k1 --The proposed use is consistent with Chapter 22 and any other applicable
code provisions or ordinance in effect.
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." Application materials indicate the
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 23-2-220.A.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. Section 23-3-40.S and Section 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
USR-1507 LA LLC 2
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 23-2-220.A.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 23-2-220.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 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 indicated no conflict with the proposal.
e. Section 23-2-220.A.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 Road Impact Program. (Ordinance 2002-11)
f. Section 23-2-220.A.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 USDA Soil Conservation Services.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 23-2-220.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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to the Board of County Commissioners hearing:
A. The applicant has not delineated any on-site sign(s). If applicable, and an on-site sign(s) is
desired,the applicant shall submit a sign plan to the Department of Planning Services. If no sign
plan is submitted the site shall adhere to Section 23-4-90.A and .B of the Weld County Code
which states one identification sign per principal use shall be allowed,provided that the sign does
not exceed sixteen (16) square feet in area per face. (Department of Planning Services)
2. 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
USR-1507 LA LLC 3
evidence that the applicant is not subject to any licensing requirement. (Department of
Public Health and Environment)
2) The applicant shall submit awaste handling plan,for approval,to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
plan shall include at a minimum, the following:
a. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
b. A list of the type and volume of chemicals expected to be stored on site.
c. The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number).(Department of Public Health and Environment)
B. The plat shall be amended to delineate the following:
1) All pages of the plat shall be labeled USR-1507. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The plat shall clearly show that Lot A of Amended Recorded Exemption 2704 is not located
within the boundaries of the USR. (Department of Planning Services)
4) 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 a
60-foot right-of-way. A total of 40 feet from the centerline of County Road 43 shall be
delineated right-of-way reservation on the plat. The road is maintained by Weld County.
(Department of Public Works)
5) The location of the future residence/guest house and the non residential building as
described in application materials. (Department of Planning Services)
C. 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)
3. Upon completion of 1. and 2. 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 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)
4. 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 Arcinfo 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(cilco.weld.co.us. (Department of Planning Services)
5. 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 acre
USR-1507 LA LLC 4
in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the
Colorado Department of Public Health and Environment 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. (Department of Public Health and Environment)
6. 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 Regulations. (Department of Public
Health and Environment)
B. The septic system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of Public
Health and Environment)
7. 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)
USR-1507 LA LLC 5
_ SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
LA, LLC, c/o GEORGE MOZEIKA
USR-1507
1. The Site Specific Development Plan and Special Use Permit is for a uses similar to a Child Care Center
(specifically a group home for mentally disabled children and adults)and for one single-family dwelling
unit per lot 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. (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. 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. (Department of Public Health and
Environment)
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. (Department of Public Health and
Environment)
5. 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)
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, 30 20 100.5, C.R.S., as amended. (Department of Public Health and Environment)
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. (Department of Public
Health and Environment)
8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25 12 103 C.R.S., as amended. (Department of Public Health and Environment)
11. Adequate handwashing and toilet facilities shall be provided for employees and clients of the facility.
(Department of Public Health and Environment)
12. 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)
r
USR-1507 LA LLC 6
13. The facility shall utilize the existing public water supply.(North Weld County Water District)(Department
of Public Health and Environment)
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
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. (Department of Public
Health and Environment)
16. The applicant shall comply with all applicable rules and regulations of the Colorado Department of
Agriculture (CDA), Division of Animal Industry. (Department of Public Health and Environment)
17. 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)
18. The site shall utilize this existing access as no additional accesses shall be granted. (Department of
Public Works)
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. (Department of Public Works)
20. The historical flow patterns and run-off amounts will be maintained on 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. (Department of Public Works)
21. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program.(Ordinance 2002-11)(Department of Planning Services)
22. A building permit shall be obtained prior to the construction of any new building.(Department of Building
Inspection)
23. A plan review is required for each building for which a building permit is required. Plans shall include
a floor plan. 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 Building Department with each Building permit
application. Provide plans to Ault-Pierce Fire Protection District for their review and approval.
(Department of Building Inspection)
24. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has 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.
(Department of Building Inspection)
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. (Department of Building Inspection)
r
USR-1507 LA LLC 7
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. (Department of Building Inspection)
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. (Department of Planning Services)
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 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.
USR-1507 LA LLC 8
a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
918 10'" STREET
WIlD�. GREELEY, COLORADO 80631
COLORADO February 17, 2005
LA, LLC
George Mozeika
19564 E Amherst Dr
Aurora CO 80013
Subject: USR-1507- Request for A Site Specific Development Plan and a Special Review Permit 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 per lot other than those permitted under Section 23-3-20.A
of the Weld County Code in the A(Agricultural)Zone District on a parcel of land described as Lot
B RE-2704; Part of theS2NW4 of Section 34,T8N,R65W of the 6th P.M.,Weld County,Colorado.
Dear Applicant:
Your application and related materials for the request described above are being processed. I have scheduled
a meeting with the Weld County Planning Commission for May 3, 2005, at 1:30 p.m. This meeting will take
place in the Hearing Room, Weld County Planning Department, 918 10' Street, Greeley, Colorado. It is
recommended that you and/or a representative be in attendance to answer any questions the Planning
Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all
mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County
Planning Department with written certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the
property or if the property is located within the comprehensive planning area of a town or municipality.
Therefore, our office has forwarded a copy of the submitted materials to the Ault Planning Commission for
their review and comments. Please call Ault at 970-834-2844 for further details regarding the date,time,and
place of this meeting. It is recommended that you and/or a representative be in attendance at the Ault
Planning Commission meeting to answer any questions the Commission members may have with respect to
your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days
prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which
identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained
road right-of-way, one sign will be posted in the most prominent place on the property and a second sign
posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the
scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office
before the Planning Commission hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
r
Re ectfully,
Sheri Lockman
Planner
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 22 2005 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING
COMMISSIONERS HEARING FOR USR-1507 IN THE A (AGRICULTURAL) ZONE
DISTRICT.
SHERI LOCKMAN
Name ;Person Posting Sign
44%4
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this L 9 day of , 20O.
WITNESS my hand and official seal.
i LILL' 7Cr� BILLIE J. MOORE
Notary Public NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires: /0/6)4(.%''
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PLANNING SERVICES
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FIELD CHECK inspection date: /03
APPLICANT: LA, LLC, c/o George Mozeika CASE#: USR-1507
REQUEST: A Site Specific Development Plan and a Special Review Permit for a uses similar to a
Child Care Center (specifically a group home for mentally disabled children and adults)
and for one single-family dwelling unit per lot other than those permitted under
section 23-3-20.A of the Weld County Code in the A(Agricultural) Zone District.
LEGAL: Lot B RE-2704; Part of the S2 NW4 Section 34, T8N, R65W of the 6th P.M., Weld
County, Colorado
LOCATION: East of and adjacent to County Road 43; 1/4 mile south of County Road 88
PARCEL ID #: 0551 34 200002 ACRES: 76.36+/-
Zoning Land Use
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E A (Agricultural) E0-9A,LaituAaj
S A (Agricultural) S C i.Lza.Gifa. . ,_ G
W A (Agricultural) Wt �
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