HomeMy WebLinkAbout20051764 HEARING CERTIFICATION
DOCKET NO. 2005-43
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1507
FOR USES SIMILAR TO ACHILD CARE CENTER(SPECIFICALLYAGROUP 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
A public hearing was conducted on June 15, 2005, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 27, 2005, and duly published June 1, 2005, in
the Fort Lupton Press, a public hearing was conducted to consider the request of LA, LLC, c/o
George Mozeika, 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. Lee Morrison, Assistant
County Attorney, made this a matter of record. Sheri Lockman, Department of Planning Services,
presented a brief summary of the proposal and entered the favorable recommendation of the
Planning Commission into the record as written. She gave a brief description of the location of the
site and displayed photographs of the property and surrounding area. Ms. Lockman stated twelve
referral agencies reviewed this proposal,and eight responded favorably or provided comments that
have been addressed in the Conditions of Approval and Development Standards. She stated the
Department of Public Health and Environment has requested Condition of Approval #1.A.2 be
deleted because the Waste Handling Plan has been reviewed and approved. She submitted a
letter from Arapahoe County Department of Human Services, marked Exhibit F, stating the
applicant will maintain their existing certification as a foster home until such time as they become
certified through Weld County; however, she requested the Department of Public Health and
Environment review the letter before any related conditions are removed. Responding to Chair
Jerke, Char Davis, Department of Public Health and Environment, stated the Waste Handling Plan
was required to address the animals that will be allowed on the site. In response to Commissioner
Masden, Ms. Lockman stated there are two foster children and they are legal guardians of one
additional child. She stated this permit will allow them to host other training programs through the
University of Northern Colorado, and the additional home, which is more than a typical foster care
2005-1764
PL1778
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HEARING CERTIFICATION - LA, LLC (USR#1507)
PAGE 2
home. In response to Chair Jerke, Ms. Lockman stated a small lot has been split off of the 80-acre
parcel, and the existing house will be used by the applicant's daughter who will be assisting with
the care of the children. In response to Commissioner Geile, Ms. Lockman stated the property is
76.36 acres.
Ms. Davis stated the property is serviced by a tap from the North Weld County Water District, the
existing residence has a septic permit, and the proposed building will be required to obtain a
separate septic permit. Responding to Chair Jerke, Ms. Lockman stated if approved by the Water
District, one tap is generally adequate to serve two residences.
Donald Carroll, Department of Public Works, stated the property is accessed from Weld County
Road 43, which is a collector status road. Responding to Chair Jerke, Mr. Carroll stated the plan
shows one existing driveway for both residences. Responding further to Chair Jerke, Ms. Lockman
stated the applicant can use the Recorded Exemption process if they desire to create a separate
lot for the second house, and, as permitted, the property will need to be used for the specified
foster care. Mr. Morrison stated if the use is discontinued in the future, there are appropriate
subdivision processes for creating two separate parcels. Chair Jerke expressed concern with what
will happen if the use is different in the future.
George Mozeika, applicant, stated he and his wife have provided foster care for twelve years, and
they have had the same five children during that time. He stated they adopted a five-year-old
traumatic brain injury child and a seven-year-old fetal alcohol child, they are the legal guardians
of a third child, and they are foster parents for two autistic, nonverbal children who have been
classified as non-placable. He stated there are no intentions of enlarging the immediate family.
Mr. Mozeika stated there will be a fenced area for outside activity, and the second home will be for
his daughter, who is a legal facilitator with the Department of Human Services, and helps with
various aspects of caring for the children. He stated if use ever ceases, the existing house will
likely be torn down because it is approximately 100 years old, and is only 480 square feet. He
stated he prefers using a shared driveway, which is wide enough to serve both residences.
No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Mozeika
stated he has reviewed and concurs with the Conditions of Approval and Development Standards
as proposed and modified.
Commissioner Long moved to approve the request of LA, LLC, c/o George Mozeika, 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, based on the recommendations of the Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
as entered into the record. His motion also included the deletion of Condition #1.A.2, and he
commended the applicant for their ability to work with these kids. The motion was seconded by
Commissioner Masden,and it carried unanimously. There being no further discussion,the hearing
was completed at 11:45 a.m.
2005-1764
PL1778
HEARING CERTIFICATION - LA, LLC (USR#1507)
PAGE 3
This Certification was approved on the 20th day of June 2005.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.,,. tl? William H. rke, Chair
(1t .
Jto the Board M. eile, Pro-Tern
eputy Clerk to the Board
D 'd E. Long
TAPE #2005-27
Robert D. Masden
DOCKET#2005-43 42._A
Glenn Vaad
2005-1764
PL1778
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1507 - LA, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 05/03/2005)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Certification and Photo of sign posting
F. Planning Staff Letter from Arapahoe County Department of
Human Services, re: Certification, dated
06/07/2005
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