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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(.%'' r .' • 1 ' i '1 .�, , l t' ' "�i, . 9. V`V t it) - 4 tl gin '. . INC NOTICE Y'fltc 4 PUBLIC HEARING CONCERNING "e ,‘„,... ;:,---v.7' THIS PROPERTY WILL c BE HELD AT: ' J Falrren 41 ON�2�• 20�A1_(., ,c -1::, -_ - .�' : NAME GGC a �. _ . . -. „r= r :: ' '1r • • Stop r�fOf Ott . . - a ` NOISY e SI' Air d i dsab(y� ' .. ti �.' zti r.Y ew, bv'sid •.> e. , FOR ACRES " "° �" WELD MORE INFORMATION CALL COUNTY DEPARTMENT OF PLANNING SERVICES i • (970)353 6100 a t. AT �� ,• '`-tµ' !.• - -'� ", } t *x x 3540 ;1.` ' ~sry -;,..b.....„7.;.-toYC. 1Y- `� .• s � r e C- a . ..4 ittz " s —'• i"� 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 N A (Agricultural) N a,, si E A (Agricultural) E0-9A,LaituAaj S A (Agricultural) S C i.Lza.Gifa. . ,_ G W A (Agricultural) Wt � f , eme 2,8c i ' Al¢ryrt.e COMMENTS: J/� "'' ti{� "� aura 41Li-dl, G'n-e acacia. Hello