HomeMy WebLinkAbout20051590 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Doug Ochsner,that the following resolution be introduced for approval by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1507
APPLICANT: LA,LLC. do George Mozeika
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2704; Part of theS2NW4 of Section 34, T8N, R65W of the 6th
P.M., Weld County, Colorado.
REQUEST: 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
LOCATION: East of and adjacent to CR 43; 1/4 mile south of CR 88.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- 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 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 a••- - • •-
fee structure of the County Road Impact Program. (Ordinance 2002-11) EXHIBIT
2005-1590
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Resolution USR-1507
LA, LLC, George Mozeika
Page 2
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 Planning Commission's 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:
1. 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. (Department of Public Health and Environment)
2. The applicant shall submit a waste 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:
1. A list of wastes which are expected to be generated on site (this should
include expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. 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)
2. 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)
Resolution USR-1507
LA, LLC, George Mozeika
Page 3
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 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(a)co.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 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)
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)
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)
Resolution USR-1507
LA, LLC, George Mozeika
Page 2
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)
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)
Resolution USR-1507
LA, LLC, George Mozeika
Page 3
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.
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 3, 2005.
Dated the 3rd of May, 2005.
cILL
Voneen Macklin
Secretary
53 Sao;
- CASE NUMBER: USR-1507 T"
APPLICANT: LA,LLC. do George Mozeika
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Lot B RE-2704; Part of theS2NW4 of Section 34, T8N, R65W of
the 6th P.M., Weld County, Colorado.
REQUEST: 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
LOCATION: East of and adjacent to CR 43; 1/4 mile south of CR 88.
Marilyn Clarry, neighbor, asked for clarification on the number of dwellings on the site. Ms. Lockman
stated there will be one additional home and North Weld Water will service the area. Ms. Clarry asked
how many residences will there be in the homes. Ms. Lockman stated there will be a total of eight people
in one home.
Doug Ochsner moved to approve the Consent Agenda. Bryant Gimlin seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Doug Ochsner,
yes. Motion carried unanimously
The following cases will be Heard:
CASE NUMBER: AmUSR-1268
APPLICANT: Glen Fritzler
PLANNER: Sheri Lockman
LEGAL DESCRIPTION: Part of the NE4 Section 22, T4N, R66W of the 6th P.M., Weld
County, Colorado.
REQUEST: A Site Specific Development Plan and Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest Farms and
fairgrounds in the A(Agricultural)Zone District
LOCATION: South of and adjacent to Hwy 256, West of and adjacent to SH 85; %
mile east of CR 31.
Sheri Lockman, Department of Planning Services presented Case AmUSR-1268. Mr. Glen Fritzler has
applied for A Site Specific Development Plan and a Special Review Permit for a Recreational Facility with
uses similar to those seen at guest farms and fairgrounds in the A(Agricultural)Zone District.
The sign announcing the Planning Commission hearing was posted April 22 by Planning Staff. The site is
located south of and adjacent to State Highway 256, West of and adjacent to State Highway 85; % mile
east of County Road 31, the Town of Gilcrest is located approximately% mile southwest of the site.
Surrounding properties are agricultural in nature with homes in close proximity to the north. One letter
stating concerns has been received by planning staff.
Planning staff is requesting quite a few changes to staff comments. Planning Commission has been
provided a memo outlining the requested changes by staff and the additional information submitted by the
applicant.
Condition of Approval 1.A. required the applicant to submit a sign plan. This condition has been
completed. The proposal is in compliance with the Colorado Department of Transportation sign
regulations.
Sign # 1 is for an 150 sq. ft. off-site sign at the intersection of Hwy 85 and CR 33. Section 23-4-90 C of
the sign code does allow for off site signs for this use and of this size in the Agricultural Zone District.
However, Section C.7 requires them to be located a minimum of 2,000 feet from an exit or entrance road
on a limited access highway, because this sign is not in compliance with Section 23-4-90 C.7. of the Weld
County Code staff is recommending denial of sign#1.
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