HomeMy WebLinkAbout20040936.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by James Rohn, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-851
APPLICANT: Alternative Homes for Youth
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part of the SE4 of Section 6, T2N, R68W of the 6th P.M.,
WeldCounty,Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Child
Care Center in the A (Agricultural)Zone District.
LOCATION: North of and adjacent to State Hwy 119; approximately 1 mile east of CR 1
be recommended favorably to the Board of County Commissioners for the following reasons:
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.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-60.A.Goal 2 states: "Conversion of agricultural land to urban scale
residential, commercial and industrial uses will be considered when the subject site is
located inside an approved intergovernmental agreement area, urban growth boundary
area, 1-25 Mixed Use Development area or urban development nodes, or where adequate
services are currently available or reasonably obtainable."
This site is located within the City of Longmont IGA and within the 1-25 Mixed Use
Development area. Existing buildings and facilities for Alternative Homes for Youth are
located on site and are served by public water and sewer.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural)Zone District. Section 23-3-40.S of the Weld County Code provides for Child
Care Centers 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. The site is surrounded by cropland to the east (Concepts
Direct facility to the northeast), two mobile home to the are located to the west of the site
separated by a six-foot wooden fence, vacant land and a recreational facility(Sandstone
Ranch Recreational Facility) are located to the south, and cropland is located to the north.
The parcel is completely surrounded by the City of Longmont.
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 is located within the Intergovernmental Agreement Area
and Three-Mile Referral area for the City of Longmont. The City of Longmont, in their
referral received January 15, 2004, expressed no opposition to this application.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
The site is located with the Mixed Use Development area (MUD) and the Longmont
Intergovernmental Agreement area.
EXHIBIT
2004-0936
Resolution AmUSR-851
Alternative Homes for Youth
Page 2
Effective January 1, 2003, Building Permits issued on the proposed lots 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 located
on land designated as "Prime" per the 1979 USDS Soil Conservation Service Map. The
facility is on a one acre parcel of land with existing improvements. It is too small to be
considered a viable agricultural parcel. The existing facility has been in operation since
1978.
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 recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All USR plat sheets shall be labeled AMUSR-851. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. The applicant should identify the existing and future State Highway 119 right-of-
way adjacent to the property. (Department of Public Works)
3. Twenty-five (25) parking spaces for the facility shall be indicated. One of these
spaces shall meet the requirements of the Americans with Disabilities Act for van
accessible parking. Appendix 23-A of the Weld County Code addresses the
design requirements for off-street parking. (Department of Planning Services)
4. Internal traffic circulation on the site shall be indicated. (Department of Planning
Services)
C. The applicant shall address the requirements outlined in the Saint Vrain Sanitation District
letter dated 7/14/2003. Written evidence that the applicant has addressed all
requirements of the Saint Vrain Sanitation District such shall be provided to the
Department of Planning Services. (Saint Vrain Sanitation District)
D. The applicant shall provide evidence that they have addressed all requirements of Left
Hand Water District. Written evidence of such shall be provided to the Department of
Planning Services. (Left Hand Water District)
E. The applicant shall attempt to address the recommendations of the City of Longmont
outlined in their referral response dated 1/14/2004. Written evidence of such shall be
provided to the Department of Planning Services. (City of Longmont)
F. The applicant shall attempt to address the recommendations of the Weld County Sheriff's
Office as outlined in their referral response dated 1/9/2004. Written evidence of such
shall be provided to the Department of Planning Services. (Weld County Sheriff)
Resolution AmUSR-851
Alternative Homes for Youth
Page 3
G. The applicant shall address the requirements of the Department of Planning Services
referral dated January 5, 2004 in regards to outdoor lighting. Written evidence of such
shall be provided to the Department of Planning Services. (Department of Planning
Services)
H. The applicant shall provide written evidence from the Colorado Department of
Transportation to the Department of Planning Services that an approved access permit is
in place for this facility and that all of their issues have been addressed. (Colorado
Department of Transportation)
I. The applicant shall submit an improvements phasing plan detailing when the parking,
circulation and the access drive will be paved. (Department of Public Works/Department
of Planning Services)
J. 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 mapsco.weld.co.us. (Department of Planning Services)
5. Prior to operation of the new modular building:
A. A final inspection of the Monarch House will be required by a member of the Mountain
View Fire Protection District before that building may be occupied. (Mountain View Fire
Protection District)
B. All final inspections shall be completed and the Certificate of Occupancy shall be issued
(BCS-020285). (Department of Building Inspection)
6. 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
Alternative Homes for Youth
AM US R-851
1. The Site Specific Development Plan and Special Use Permit is for a Child Care Center(22 youths)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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 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. (Department of Public Health and Environment)
4. 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). (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment)
8. Adequate handwashing and toilet facilities shall be provided for employees and residents of the
facility. (Department of Public Health and Environment)
9. The facility shall utilize the existing municipal sewage treatment system (Saint Vrain Sanitation
District). (Department of Public Health and Environment)
10. The facility shall utilize the existing public water supply (Left Hand Water District). (Department of
Public Health and Environment)
11. 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)
12. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
13. The applicant shall comply with the General Rules for Child Care Facilities issued by the Colorado
Department of Human Resources, Division of Child Care. (Department of Public Health and
Environment)
14. 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)
15. The off-street parking and circulation including the access drive shall be surfaced with gravel,asphalt,
concrete or equivalent and shall be graded to prevent drainage problems. (Department of Public
Works)
Resolution AmUSR-851
Alternative Homes for Youth
Page 2
16. This building shall conform to the requirements of the codes adopted by Weld County at the time
of permit application. Current adopted codes include the 1997 Uniform Building Code; 1998
International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code
and Chapter 29 of the Weld County Code. Weld County intends to adopt the 2003 International
Building, Residential, Mechanical, Plumbing and Fuel Gas Codes on or about March 1, 2004.
(Department of Building Inspection)
17. Building height, protection of walls and openings and the separation of buildings of mixed
occupancy shall be in accordance with the Building Code. Setback and offset distances shall be
determined by the County Code. (Department of Building Inspection)
18. Building height shall be measured in accordance with the 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)
19. All additional buildings, whether constructed or installed, must be designed, and constructed in
accordance with the provisions of the Uniform Fire Code, as ratified by the Weld County
Commissioners. All plans for future construction or installation of buildings must be submitted to
the Fire District for review and approval prior to the issuance of building permits. (Mountain View
Fire Protection District)
20. Water supply for fire protection must be provided for any new structures built or installed on the
property. All fire hydrants used to meet the required water supply shall be within 450 feet of the
proposed modular building as measured along approved fire apparatus access routes around the
exterior of the building. (Mountain View Fire Protection District)
21. Fire apparatus must be provided so that apparatus may reach within 150 feet of all portions of
buildings as measured around the exterior of the building. (Mountain View Fire Protection District)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
25. Personnel from the Weld County Government 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.
26. 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.
27. 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.
Resolution AmUSR-851
Alternative Homes for Youth
Page 3
Motion seconded by
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
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 February 17, 2003.
Dated the 17th of February, 2003.
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Voneen Macklin
Secretary
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