HomeMy WebLinkAbout20040935.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL
REVIEW PERMIT #851 FOR A CHILD CARE CENTER IN THE A (AGRICULTURAL)
ZONE DISTRICT - ALTERNATIVE HOMES FOR YOUTH
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 14th day of
April, 2004, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Alternative Homes for Youth,700 West 84th Avenue,Thornton,Colorado 80260,for
a Site Specific Development Plan and Amended Use by Special Review Permit#851 for a Child
Care Center in the A (Agricultural) Zone District on the following described real estate, to-wit:
Part of the SE1/4 of Section 6, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Jean Osborn, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
•fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.6.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
1) Section 22-2-60.B(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
intergovemmental agreement area,urban growth boundaryarea, 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 Intergovernmental
Agreement area and within the 1-25 Mixed Use Development area.
Existing buildings and facilities for Alternative Homes for Youth are
located on the site and are served by public water and sewer.
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AMENDED USE BY SPECIAL REVIEW PERMIT#851 - ALTERNATIVE HOMES FOR YOUTH
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b. Section 23-2-230.B.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 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is surrounded by crop land
to the east(Concepts Direct facility to the northeast),two mobile homes 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 crop land is located to the north. The parcel is
completely surrounded by the City of Longmont.
d. Section 23-2-230.B.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 its referral received
January 15, 2004, expressed no opposition to this application.
e. Section 23-2-230.8.5--The application complies with Section 23-5 of the
Weld County Code. The site is located with the Mixed Use Development
area and the Longmont Intergovernmental Agreement area. Effective
January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County-Wide Road Impact
Program.
f. Section 23-2-230.B.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
U.S.D.S.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 23-2-230.8.7 -- 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 the health,safety,and welfare of the
inhabitants of the neighborhood and County.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Alternative Homes for Youth for a Site Specific
Development Plan and Amended Use by Special Review Permit#851 for a Child Care Center in the
A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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AMENDED USE BY SPECIAL REVIEW PERMIT#851 -ALTERNATIVE HOMES FOR YOUTH
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1. Prior to recording the plat:
A. All Use by Special Review plat sheets shall be labeled AMUSR-851.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The applicant should identify the existing and future State
Highway 119 right-of-way adjacent to the property.
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(ADA)forvan accessible parking. Appendix 23-A
of the Weld County Code addresses the design requirements for
off-street parking.
4) Internal traffic circulation on the site shall be indicated.
C. The applicant shall attempt to address the recommendations of the City of
Longmont outlined in its referral response dated January 14,2004. Written
evidence of such shall be provided to the Department of Planning Services.
D. The applicant shall attempt to address the recommendations of the Weld
County Sheriff's Office as outlined in its referral response dated January 9,
2004. Written evidence of such shall be provided to the Department of
Planning Services.
E. 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.
F. The applicant shall provide written evidence from the Colorado Department
of Transportation (CDOT)to the Department of Planning Services that an
approved Access Permit is in place for this facility and that all of CDOT'S
issues have been addressed.
G. The applicant shall submit an Improvements Phasing Plan detailing when the
parking, circulation, and the access drive will be paved.
H. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
3. Upon completion of Conditions of Approval #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
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AMENDED USE BY SPECIAL REVIEW PERMIT#851 - ALTERNATIVE HOMES FOR YOUTH
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Recorder by the Department of Planning Services. 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.
4. The Department of Planning Services respectfully 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
maosaco.weld.co.us.
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.
B. All final inspections shall be completed and the Certificate of Occupancy
shall be issued (BCS-020285).
C. The applicant shall address all requirements of the Left Hand Water District.
6. The Use by Special Review activity shall not occur, nor shall any Building or
Electrical Permits be issued, until the Use by Special Review plat is ready to be
recorded in the office of the Weld County Clerk and Recorder.
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AMENDED USE BY SPECIAL REVIEW PERMIT#851 -ALTERNATIVE HOMES FOR YOUTH
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of April, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
1/1LD COUNT', OL RADO
,-_` itr ATTEST: ��*, IE IL �
gedea �.�, # :•® vobert D. Masden, Chair
Weld County Clerk to the i t ! ' �/���y\yj�
aJ/illiam H erke, Pro-Tern
Deputy Clerk to the Boar.'%=� \1
M. J. • e
AP OV AS TO FORM: J C°C
David . Long
Co yAtto Se
Glenn Vaad
Date of signature: 472.7
2004-0935
PL1711
SITE SPECIFIC DEVELOPMENT PLAN
AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ALTERNATIVE HOMES FOR YOUTH
AMUSR#851
1. The Site Specific Development Plan and Amended Use by Special Review Permit#851 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 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.
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, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive
dust, blowing debris, and other potential nuisance conditions.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone District as delineated in Section 25-12-103, C.R.S.
8. Adequate hand washing and toilet facilities shall be provided for employees and residents
of the facility.
9. The facility shall utilize the existing municipal sewage treatment system (Saint Vrain
Sanitation District).
10. The facility shall utilize the existing public water supply (Left Hand Water District).
11. Any septic system located on the property must comply with all provisions of the Weld
County Code pertaining to Individual Sewage Disposal Systems.
12. Effective January 1,2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Program.
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.
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.
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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.
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 2003 International Building,
Residential,Mechanical,Plumbing and Fuel Gas Codes,2002 National Electrical Code,and
Chapter 29 of the Weld County Code.
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.
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.
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.
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.
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.
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.
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.
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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 Amended Use by 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.
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