HomeMy WebLinkAbout20032704.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom,along with the addition of 4 C,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: USR-1429
APPLICANT: David &Annita Alvarez
PLANNER: Sheri Lockman/Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-3025; being part of the NE4 of the NE4 of Section 29, T7N,
R65W of the 6th P.M., Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a church
childcare center and private school in the A(Agricultural)Zone District.
LOCATION: South of and adjacent to CR 78 and west of and adjacent to CR 41.
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
23-2-260 of the Weld County Code as follows:
A. Section 23-2-260.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
B. Section 23-2-260.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.E.1 of the Weld County Code provides for a church as a Use
by Special Review in the A (Agricultural) Zone District. Section 23-3-40.E.2 of the Weld
County Code provides for a private school as a Use by Special Review in the A
(Agricultural)Zone District. Section 23-3-40.S of the Weld County Code provides for a child
care center as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-260.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding properties to the north,south,and west are agricultural.
Proposed landscaping shall mitigate the impact to the residence to the east.
D. Section 23-2-260.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 Chapter22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property lies within the three-mile referral area of the Town of
Ault and the Town of Eaton, both municipalities stated in their referrals received May 20,
2003 and May 16, 2003 that they had no conflicts with the request.
E. Section 23-2-260.A.5--The site does not lie within any Overlay Districts. Building Permits
issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact
Program area 1 (Ordinance 2002-11).
F. Section 23-2-260.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The subject site is 1.
designated Prime Irrigated Farmlands of National Importance by the USDA Soil O
Conservation Services. The small size of the lot(4.14 acres)severely limits its agricultural =�
value.
Ella
G. Section 23-2-260.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 rwousatunsa
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
2003-2704
Resolution USR-1429
David Alverez
Page 2
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 Commissioner hearing:
A. The applicant has not delineated any on-site sign(s). If any on-site sign(s)are desired, the
signs shall adhere to Section 23-4-90.A and.B of the Weld County Code. One identification
sign per principal use shall be allowed,provided that the sign does not exceed sixteen(16)
square feet i n area per f ace. F urther, the location o f the sign, i f a pplicable s hall b e
delineated on the USR plat.
B. The applicant shall submit to the Weld County Department of Planning Services the
maximum number of students and teachers for the private school and childcare center.
(Department of Planning Services)
2. Prior to recording the plat:
A. The plat shall be labeled USR-1429. (Department of Planning Services)
B. The plat shall meet all the requirements of Section 23-2-260.D of the Weld County Code.
(Department of Planning Services)
C. The applicant shall submit a Screening/Landscape Plan for review and approval which
includes the following information:
1) The applicant shall demonstrate how the proposed plant material will be irrigated.
2) The applicant shall delineate on-site lighting, including security lighting if applicable.
3) The applicant shall delineate the location of any proposed and existing plant
material. Existing shall be delineated as a circle with a dot in the middle, proposed
shall be delineated as a circle with a"+" in the middle.
4) The Landscape Plan shall indicate a site for a trash collection that is sufficiently
screened from adjacent public rights-of-way and adjacent properties. These areas
shall be designed and used in a manner that will prevent wind or animal scattered
trash.
5) The specific location of the native seed mix shall be delineated on the Landscape
Plan. (Department of Planning Services)
D. County Road 78 is designated on the Road Capital Improvement Plan in the County Wide
Impact Fee Code Ordinance,Section 20-1-30 as a local gravel road,which requires 60 feet
of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet
from the centerline of County Road 78 shall be delineated right-of-way on the plat.This road
is maintained by Weld County. (Department of Public Works)
E. County Road 41 is designated on the Road Capital Improvement Plan in the County Wide
Impact Fee Code Ordinance,Section 20-1-30 as a local gravel road,which requires 60 feet
of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet
from the centerline of County Road 41 shall be delineated right-of-way on the plat.This road
is maintained by Weld County. (Department of Public Works)
Resolution USR-1429
David Alverez
Page 3
F. The main church building and associated buildings associated with this facility,shall adhere
to Appendix 23-B of the Weld County Code. The number of off-street parking spaces
required for this facility at full build-out is 110 spaces. At a minimum fourteen (14)spaces
are required. (Department of Planning Services)
G. The applicant shall address and adhere to the American with Disabilities Act and ADA
standards for this facility at all times. Non-ambulatory/Ambulatory parking spaces shall
be identified and shown on the plat. This site will be required to meet all requirements of
the Americans with Disabilities Act. At least one space must be van accessible. The
parking spaces must be the closest possible to the entrance. Signing will be required. Curb
cuts, ramps and other methods of providing accessibility shall be required to reasonably
attempt to meet the requirements of this Act. Should the Church elect to not adhere to the
previously discussed Federal Standards, this office requests that the Church outline how
their proposed site design mitigates the requirements of the American's with Disabilities Act.
(Departments of Planning Services and Public Works)
H. The applicant shall indicate on the plat access points that are 30 feet in width to
accommodate two-way traffic with adequate turning radiuses and stop signs. Written
evidence of Weld County Department of Public Works approval shall be submitted to the
Weld County Department of Planning Services. (Department of Public Works)
The off-street parking spaces including the access drives shall be surfaced with gravel,
asphalt, concrete, or the equivalent and shall be graded to prevent drainage problems.
(Department of Public Works)
J. The internal circulation within the site is unclear. Future drawings shall delineate the
proposed circulation pattern. (Department of Planning Services)
K. The West Greeley Soil Conservation District has provided information regarding the soils
on the site. The applicant shall review the information and use it to positively manage on
site soils. (West Greeley Soil Conservation District)
L. The applicant identified a stone fence bordering the property. The height of the fence may
cause a sight distance problem at the intersection of CR 78 and CR 41. A detail drawing
of the intersection is required showing adequate sight distance utilizing the line-of-sight for
on-coming traffic shall be submitted to Public Works. Written evidence of Public Works
approval shall be submitted to the Department of Planning Services. (Department of Public
Works)
M. The applicant shall delineate the location of all the parking spaces which shall be equipped
with wheel guards or curb stops where needed to prevent vehicles from extending beyond
the boundaries of the spaces and from coming into contact with other vehicles, walls,
fences, or plantings. (Department of Public Works)
N. The applicant shall enter into an Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all required materials. The
agreement and form of collateral shall be reviewed by County Staff and accepted by the
Board of County Commissioners prior to recording the USR plat. (Department of Planning
Services)
O. The applicant shall attempt to address the requirements (concerns) of the Eaton Fire
Protection District,as stated in the referral response dated June 9,2003. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services. (Eaton
Fire Protection District)
Resolution USR-1429
David Alverez
Page 4
P. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved Landscape/Screening Plan. (Department of Planning Services)
Q. 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. Prior to construction:
A. The applicant shall comply with all Department of Building Inspection requirements as listed
in the referral dated June 4, 2003. (Department of Building Inspection)
B. The applicant shall provide evidence to the Department of Planning Services that the septic
permitted process has been initiated, including the initiation of the Site Application process
should the system be subject to the Colorado Regulations for the Site Application Process
(5 CCR 1002-22) (Department of Public Health and Environment)
4. Prior to issuance of the Certificate of Occupancy:
A. 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)
B. The septic system must be installed in accordance with the Weld County Individual Sewage
Disposal Regulations and the Colorado Regulations for the site application process (it
applicable). (Department of Public Health and Environment)
C. The applicant shall apply dust suppression chemical (magnesium Chloride or Calcium
chloride) in three locations in front of the homes for approximately 300 feet; no less than
twice a year, or as needed, as determined by the Public Works Department. The first
application is after the issuance of the Certificate of Occupancy.
5. 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)
6. 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)
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
David &Annita Alvarez
USR-1429
1. The Site Specific Development Plan and Special Use Permit is for a business permitted as a use
by right o r a ccessory use i n the A (Agricultural)Z one District, a s indicated i n the a pplication
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 i n the Solid Wastes Disposal Sites and F acilities 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,CRS.,as amended. (Department of Public Health and Environment)
5. 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)
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 patrons of the
facility. (Department of Public Health and Environment)
9. The facility shall utilize the existing public water supply (North Weld County Water District).
(Department of Public Health and Environment)
10. 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)
11. 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)
12. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve the natural character of the area and not prevent property damage of the type
generally attributed t o run-off r ate and velocity i ncreases, diversions, concentration and / o r
unplanned ponding of storm run-off. (Department of Public Works)
13. The screening and landscaping on site shall be maintained in accordance with the approved
Landscape/Screening Plan. (Department of Planning Services)
14. On-site lighting, including security lighting, if applicable,shall be shielded so that beams or rays of
light will not shine directly onto adjacent properties. (Department of Planning Services)
15. A building permit shall be obtained prior to the construction of any new building. The type of
construction,fire-resistive protection, building size and height and occupancy classifications will be
reviewed when the plans and specifications are submitted. (Department of Building Inspecting)
Resolution USR-1429
David Alverez
Page 2
16. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered
architect or engineer. Two complete sets of plans are required when applying for the permit.
(Department of Building Inspecting)
17. Buildings shall conform to the requirements of the codes in effect at the time of permit application.
The current adopted codes are: 1997 Uniform Building Code; 1998 International Mechanical Code;
1997 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld
County Code. (Department of Building Inspecting)
18. Each building will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall
be designed by a Colorado registered engineer. (Department of Building Inspecting)
19. Buildings shall meet the accessibility requirements of Chapter 11 of the Uniform Building Code and
CABO/ANSI A117.1-1992. (Department of Building Inspecting)
20. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter
3. Setback and offset distances shall be determined by the Zoning Ordinance. (Department of
Building Inspecting)
21. Building height shall be measured in accordance with the 1997 Uniform Building Code for the
purpose of determining the maximum building size and height for the occupancy and type of
construction and to determine compliance with the bulk requirements from Chapter 27 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 from the farthest projection of the building to the property line.
(Department of Building Inspecting)
22. Hours of operation shall be from 6:30 a.m. to 6:30 p.m. Monday thru Saturday and 9:00 a.m. to 9:00
p.m.on Sunday with extended hours on Wednesday to 9:00 p.m.(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. Weld County Government 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.
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 USR-1429
David Alverez
Page 3
Motion seconded by John Folsom
VOTE:
For Passage Against Passage Absent
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
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 September 2, 2003.
Dated the 2nd of September, 2003.
\J0012).-- naa L
Voneen Macklin
Secretary
Hello