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Home My WebLink About20022668 / ,f P M X 4sz z�Sz f i APPLICATION FLOW SHEET WEL�� COLORADO APPLICANT: Jacob Family Services c/o Midway Youth Services CASE#: SPR 344 REQUEST: SPR for a Adolescent Treatment& Rehabilitation Center in the C-2 Zone District LEGAL: Lot 2, Union Colony Subdivision being in part of the SE4 SE4 of Sec. 9, TEN, R 65 West Address: 1819 Birch Street LOCATION: North of and adjacent to Hwy 34 Business; west of and adjacent to Birch Street PARCEL ID#: 0961 09 400046 ACRES: 1.06 Date By Application Received 2-15-2001 light Application Completed 2-16-2001 ogle Referrals listed 2-16-2001 ogle File assembled 2-1(D - of - ' S Letter to applicant mailed 2-20 -0 / -7-FS Vicinity map prepared ll�� y Referrals mailed s.py-.pt VMovt 2-��.U -Of 1 C JC Chaindexed J 2-20 -0 ( "PE' Field check by DPS staff niAbTIOnsf b PA G Administrative Review decision: n i0 5 U1, Date By Planning Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared .7,/,7ae/ _� CC action: CC resolution received Recorded on maps and filed .y F .'4.• Overlay Districts � �� 1 Road Impact Fee Area Zoning C-2 Cjltb +s.�-11+ pV �- Airport Yes_x_ No / k1 Yes No "" Geologic Yes No_x_ 9.1 lejt4 SW Weld #1 #2 #3 Flood Hazard Yes_ No_x_ Windsor mss- Panel #: 080266 0637 C goA Adrwm.cA 6-1- 14)'Cy) "Yaatfi1 2002-2668 PL/1o3'1-- DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us C. E-mail address: I PHONE (970) 353-6100, 3-6110 FAX (970) 304-6498 3540 3540 COLORADO August 27, 2002 Cheryl Estrick Department of Human Services 1551 North 17th Avenue Greeley, CO 80631 Subject: Midway Youth Services Site Plan Review 344 Legal: Lot 2, SE4 SE4 Section 9, Township 5 North, Range 65 West Situs Address: 1819 Birch Avenue, Greeley Dear Cheryl: Continuum Health Partnerships, Inc. and Midway Youth Services have completed the requirements for approval with the Department of Planning Services. The Plat will be recorded for this project on or about September 9, 2002. The Building Department has issued a Temporary Certificate of Occupancy that will expire on November 16, 2002. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Q Planner III File:SPR 344 Buiding Department LEASE-RENTAL AGREEMENT In consideration of the agreements of the Tenant(s) Midway Youth Service, INC. and the Operator(Herbert and Ardith Nusser), hereby rents them the Land located at 1812 Birch Ave., Greeley, Colorado 80631for the period commencing on the 1st day of July 2002_, and monthly thereafter until the 31st day of August 2006 at which time this Agreement is terminated. Tenant(s), in consideration of the Owners permitting them to occupy the above property, hereby agree(s) to the following terms. The sum of $00.00, as a security deposit. RENT - Rent shall be $300.00 per month, payable in advance, on the 15th day of each calendar month aid the Owner or his authorized agent at the following address: 9025 Cypress Point Way, Las Vegas, NV 89117 or at such other place as may designate by Owner from time to time. All rental payments shall be in possession of Owner on or before 10:00 o'clock p.m., on the 15th day of each month; otherwise, they will be late. Tenant(s) agrees to pay a late penalty of $25.00 for each day that the rent is late. UTILITIES - Tenant(s) shall be responsible for the payment of all utilities and services, such as electricity. USE - The Premises shall be used only as a Parking Lot. ORDINANCES AND STATUTES-Tenants shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force pertaining to the use of the premises. ASSIGNMENT AND SUBLETTING - Tenant shall not assign this Agreement or sublet any portion of the premises. MAINTENANCE. REPAIRS, OR ALTERATIONS- Tenant acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Tenant shall, at his own expense, and at all times, maintain the premises in a clean and sanitary manner. Give prompt notice (in writing) of any maintenance required to attention of the Landlord. Tenant shall irrigate and maintain any surrounding grounds, including lawns and shrubbery, and keep the same clear of rubbish or weeds if such grounds are a part of the premises and are exclusively for the use of the Tenant. INDEMNIFICATION - Owner shall not be liable for any damage or injury to the Tenant or any other person, or to any property, occurring on the premises, or any part thereof, or in common areas thereof, unless such damage is the proximate result of the negligence or unlawful act of the Owner, his agents or his employees. Tenant agrees to hold Owner harmless for any claims from damages no matter how caused, except for injury or damages for which Owner is legally responsible. POSSESSION - If Owner is unable to deliver possession of the premises at the commencement hereof, Owner shall not be liable for any damages caused thereby, nor shall this agreement be void or voidable, but Tenant shall not be liable for any rent until possession is delivered. Tenant may terminate this Agreement if possession is not delivered within ten (10) days of the commencements of the term hereof. DEFAULT - If Tenant shall fail to pay rent when due, or perform any term hereof, after not less than three (3) days written notice of such default given in a manner required by law, the Owner, at his option, may terminate all rights of Tenant hereunder, unless Tenant within said time shall cure such default. If Tenant abandons or vacates the property, while default of the payment of rent, Owner may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by law. All property on the premises is hereby subject to a lien in favor of Owner for payment of all sums due hereunder, to the maximum extent allowed by law. See Colorado revised statutes, 1973, 38-20-101 et seq. ATTORNEY'S FEES - In any legal action to enforce the terms hereof or relating to the demised premises, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. WAIVER - No failure of Owner to enforce any term hereof shall be deemed a waiver, nor shall by acceptance of a partial payment of rent be deemed a waiver of Owner's right to the full amount thereof. NOTICES - Any notice which either party may or is required to give, may be given by mailing the same, postage paid, to Tenant at the premises or to Owner at the address shown below or at such other places as may be designated by the parties from time to time. HOLDING OVER - Any holding over after expiration hereof, with the consent of the Owner, shall be construed as a month-to-month tenancy in accordance with the terms hereto, as applicable. TIME - Time is of the essence of this agreement. COPY: One copy to be retained by Landlord and one by Tenant(s). ADDITIONAL TERMS AND CONDITIONS: The amount of the lease will increase to $600.00 per month effective July 1st 2003. Mr. Nusser understands that the property will be used as a parking lot and that landscaping and lighting construction will be performed to meet Zoning regulations and the right to ingress and egress to said parking lot as lonq as this lease is in effect. ENTIRE AGREEMENT: The foregoing constitutes the entire Agreement between the parties and may be modified only be a writing signed by both parties The following Exhibit, if any, has been make a part of this Agreement before the parties' execution hereof. 2 THE UNDERSIGNED TENANT(S) Date: 729 Remington Fort Collins, CO 80524 Tenant Midway Youth Services, INC. Address/Phone El Y iLci1-¢ 7J its2.I)U ;1164.-✓t S $ 2 Operator: Ardith Nusser Address/Phone/ Op rator: H ert N sser Address/Phone ,i , /' my m 3 IZ m Og e e: Mi way VouTh Services K psed parking area Page 11 From: LEE Morrison To: Kim Ogle Oath: 2/4/02 2:45PM Subject: Re: Midway Youth Services proposed parking area that would work if the lease does not create a separate interest in land : ie a right to use the land ( like a license) not a lease that describes it as a separate leased lot. If it is described as a separate leased lot then it would take the adde step of the Board approving a building permit for the parking. THis is still better than doing with separate lots since you could more reasonanbly overlook the zoning issues on the lot w/the housd >>> Kim Ogle 2/4/02 2:17 PM >>> Lee Sheir and I spoke with you regarding this property. it is the illegal land split with the Nusser property across Birch Avenue from the proposed MYC facility. As you may recall, Birch Avenue is not County maintained, and is actual) a glorified trail providing service to approximately five households. Nusser Sr. deeded to his son the northernmost 15 000 s.f. of h:s land in aobut 1994, without going through the s er omplicated Recorded subdivision.x Givelon n this case history,rocess. sCan hthe applicant uutibze this property ty the parcel hrough a lease for in the Union ony a parking lot for the facility? I thought to suggest that the two parcels be put back together and on the northern most area of the property a parking lot may be installed. Your thoughts are most appreciated. Thank you. Kim Ogle Planner III Weld County Department of Planning 970 353 6100 x 3540 970 304 6498 facsimile apn@coo weld co us li ti: it4it, , DEPARTMENTOFF lI„Q HEALTH AND ENVIRONMENT 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 iiiiipe ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO .ocal Zoning Department Approval for Weld County Food Service Establishments late: AUGUST 12, 2002 stablishment Name: /27/D W41 y YOUTH SERVICES, IWC. — 045/S Podai stablishment Address: Po. ?ox /6) 0 OS/9 Sack /MANE, City: 6S/`ccte y State: CO Zip: 50473,. hone Number: (970) 352 -G85A ax I.D. Number: g1- iy48$g5 heck one of the following: he above named establishment meets the requirements for Zoning Department approval without irther action by establishment. [Ix] he above named establishment will meet the requirements for Zoning Department approval if the current tablishment is finally approved. [ ] Jmments: )cal Jurisdiction: WELD COUNTY DEPARTMENT OF PLANNING SERVICES ming Inspector Name (please print): KIM OGLE P gnature of Inspector: sue(;;,-, ruing Inspector Title: PL 4 N ETF III tone Number: (970) 353 6100 X 3540 ease Remit to: Weld County Department of Public Health and Environment Attn: Environmental Health Services 1555 17th Avenue Greeley, Colorado 80631 Phone No.: (970) 304-6415 Fax: (970) 304-6411 rests7;t: DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE IDWEBSITE: GREELEY, COLORADO 80631 WI www.co.weld.co.us C. E-maiPaddress: kogle@CO.Weld.CO.US HONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO June 18, 2002 Mr. David Moran Executive Director Midway Youth Services 1116 Ninth Street Greeley, CO 80631 Subject: Site Plan Review 344 Dear David: Your Site Plan Review application was administratively approved by the Department of Planning Services on October 5, 2001. This office has had numerous conversations with you concerning this site and the requirements for completing the process. Our records indicate that the paper plats as approved are to be amended. With the changes to the drawings as discussed, you may submit the mylars for recording. Further, County Staff is awaiting the revised Improvements Agreement submittal for review and approval. As is indicated on this form, there are five types of collateral acceptable to the County for the Improvements Guarantee. Arrangements should be made to submit both the Improvements Agreement and Collateral to this office prior to scheduling a collateral hearing. Please note "the Site Plan Review Plat shall be prepared after the Site Plan Review application is approved. The plat shall be submitted to the planner and be ready for recording at the Weld County Clerk and Recorder's Office within 30 days of approval. The plat shall meet all requirements of Section 23-2-160 and Article II, Chapter 27 of the Weld County Code." Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of receipt of this letter stating your time frame for completing Site Plan Review 344. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Planner Ill File:SPR 344 DEPARTMENT OF PLANNING SERVICES C 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@C0.Weld.00.US COLORADO PHONE (970) 353-6100, FAX(970)304-6498 February 5, 2002 Mr. David Moran Executive Director Midway Youth Services 1116 Ninth Street Greeley, CO 80631 Subject: Site Plan Review, SPR 344 Situs Address: 1819 Birch Avenue Legal: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel Number: 0961 09 400046 Dear Mr. Moran: The Department of Planning Services has reviewed the blueline print of the Site Plan prepared by McRae and Short, Inc. dated January 15, 2002. At the conclusion of the status report document will be additional comments pertaining to the paper plat. Staff has also reviewed the supporting documents submitted for review. Staff comments per the Administrative Review are attached and have been annotated with the current standing of each issue and or requirement to be met prior to recording the Plat. The following issues shall be addressed: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: a. The plat shall be amended to delineate the following: 1) The Site Plan Review plat, SPR 344 shall be drawn to a recognized engineering scale, preferably 1inch = 20 feet minimum. (Dept. of Planning Services) This Condition hos been met. 2) The applicant shall rrovide thirty-two (32) parking stalls for the Nursing home/ Rehabilitation Center. Refer to Appendix 23-B of the Weld County Code regarding the parking requirements for this facility.The dimensions of the parking stalls shall February I,2002 Status Report,SPR 344,page 1 adhere to Appendix 23-A of the Weld County Code. (Dept. of Planning Services) This Condition has been met. 3) The applicant shall provide fifteen (15) spaces for the staff parking stalls for the facility. The area where this parking will be accommodated shall be identified and the dimensions of the parking stalls shall adhere to Appendix 23-A of the Weld County Code. (Dept. of Planning Services) This Condition hos been met. 4) 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 Department of Public Works reviewed the federal regulations; the parking spaces may be on the street if the accessible route is clear of traffic. A certain portion of the structure will also be required to meet the accessibility requirements. The parking spaces must be the closest possible to the entrance. Signing will be required. (Dept. of Planning Services, Dept. of Public Works) t ar-a 4n 5) The applicant shall adhere to the lighting requirements for off-street parking spaces per Section 23-3-250.B.6 of the Weld County Code. (Dept. of Planning Services) This Condition has been met. 6) In accordance with Article IV, Division I, Section 23-4-20, Supplementary District Regulations, Off-Street Parking and Loading Requirements, it is acceptable to the Department of Public Works that the parking be provided across the street, as long as all elements of Sections 23-4-30, design and construction of off-street parking spaces, 23-4-40, number of off-street parking spaces and 23-4-50, off-street loading required, including all applicable subsections are complied with. Further, a copy of the agreement or a copy of the warranty deed shall be required for the property described as part L2 being located in the SE4 SE4 of Section 9,Township 5 North, Range 65 West of the 6th Prime Meridian, Parcel number 0961 09 400091. (Dept. of Planning Services, Dept. of Public Works) for-f-43wrl-a,ct 7) The off-street parking area shall be delineated to show the parking stalls, aisles of circulation, points of ingress and egress, lighting if applicable, all applicable signs and curb stop locations at a minimum. (Dept. of Planning Services) If determined to be a legal use of this lot, then, This Condition has been met. 8) The applicant shall also address Section 24-7-20.H of the Weld County Code specific to Parking Lots. (Dept. of Planning Services, Dept. of Public Works) cnc-cr t4 r 9) This site will be required to meet all requirements of the Americans with Disabilities Act. ADA parking spaces are twenty (20) feet in length by eight (8) feet in width with five (5) foot aisles. One of the ADA spaces shall be van accessible with dimension at twenty (20)feet in length by eight(8)feet in width with eight(8)foot aisles. At least one accessible path will be required from the building to the public right-of-way. (Dept. of Planning Services) See #4, underlined text, above. h-tcyhs .1/40444_ 10) The applicant shall address Section 23-3-250.A.3 specific to Street access. The southerly driveway is very narrow. It will be difficult to prevent trapped vehicles. The developer shc.,id consider a wide angle mrrc-fc- exiting and entering traffic. The sr_nt distance triangles will need to be clearea of berms and plants over 3.5 feet above the driveway. (Dept. of Planning Services, Dept. of Public Works) This February 1,2002 Status Report,SPR 344,page 2 Condition has been met. 11) The applicant shall address Section 23-3-250.A.3 specific to Street access. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated,private,or deeded to provide adequate access to the parcel. Birch Avenue access is considered a private lane with no county maintenance. (Dept. of Planning Services, Dept. of Public Works) 12) The applicant shall place a typical cross-section of the parking lot on the plat and identify the depth of base and concrete or full depth concrete according to the Weld County Code, Section 24-7-20.D.1. (Dept. of Planning Services) 13) The applicant shall place additional "plant material" screening to mitigate the impacts of the parking facility from East 18th Avenue. The plant material screen shall be placed between the road right-of-way and any required fencing that fronts this road. The buffer strip shall be a minimum of ten (10)feet in width and run the length of the property line that fronts East 18th Avenue and also on Birch Lane. Further, the applicant shall adhere to all landscape requirements of Section 23-3- 250.A.5. (Dept. of Planning Services) 14) The plant material identified as"Landscape Area"located within the facility building site shall be described on the plat. The applicant shall describe the maintenance plan for this area. (Dept. of Planning Services) 15) The sign shall be located, and designed in accordance with the requirements of Section 23-4-100 of the Weld County Zoning Code. (Dept. of Planning Services) This Condition has been met. 16) In accordance with Section 23-3-250.A.6 of the Weld County Code, the applicant shall screen all trash receptacles from adjacent right-of-ways and adjacent properties. Further, the areas shall be designed in such a manner that will prevent scattering of trash. (Dept. of Planning Services) This Condition has been met. 17) The applicant shall delineate the relocation of the twelve foot by twenty-four foot frame shed located in the southwest corner of the property. This structure is partially located on the adjacent property owned by Fred and Geraldine Tjardes. Further this structure has been constructed within a ten foot wide utility easement established in 1956. A second Non-conforming Use of a Structure will be designated on this parcel should this structure fail to meet the appropriate offset. (NCU 343)was established for the 15,368 square foot structure as the facility was in use prior to the adoption of the recognized Ordinances. (Dept. of Planning Services) -- Ti . .}t) cau,Rzp o., ., cCV— 18) The applicant shall demonstrate that the required fifteen (15) percent landscape area on this property has been met in accordance with Section 23-3-250.A.5 of the Weld County Code. Preliminary staff calculations can not be preformed as the submitted drawing is not to a known scale. (Dept. of Planning Services) This Condition has been met. b. The applicant shall include in the Landscape Plan the following information: 1) An installation schedule which specifies when the landscaping will be installed on te. Dept. of P'a,:ning Services) This Condition has been met. February I,2002 Status Report,SPR 344,page 3 2) A Plant Material List specifying the Botanical and Common names of all plant material to be installed if new, or plant material already installed on site; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Dept. of Planning Services) This Condition has been met 3) A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services. (Dept. of Planning Services) This Condition has been met. c. The following notes shall be placed on the plat: Please write notes for the Plat as follows: 1) In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the commercial or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. of Planning Services) 2) The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, Eaton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Dept. of Planning Services) 3) There shall be no parking or staging of trucks allowed on East 18th Avenue. (Public Works Dept.) 4) 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.(Health Dept.) 5) 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. (Health Dept.) 6) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Dept.) 7) This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S. (Health Dept.) 8) Adequate hand washing and toilet facilities shall be provided for the public. (Health Dept.) 9) The facility shall utilize the existing municipal sewage treatment system. (City of February 1,2002 Status Report,SPR 344,page 4 Greeley). (Health Dept.) 10) The facility shall utilize the existing municipal sewage treatment system. (City of Greeley). (Health Dept.) 11) All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Health Dept.) 12) Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Dept. of Planning Services) 13) All structures, including signs,on site must obtain the appropriate building permits. (Dept. of Planning Services) 14) The site shall maintain compliance with the Weld County Code at all times. (Dept. of Planning Services) 15) The applicant shall maintain compliance with the Rules Regulating Child Care Centers issued by The Colorado Department of Human Services, Division of Child Care. (Health Dept.) d. The applicant shall submit a plan describing any proposed on-site signs. Any proposed sign shall adhere to Section 23-4-100 of the Weld County Code. All proposed signs shall apply for and receive a building permit. (Dept. of Planning Services) This Condition has been met. e. The applicant shall provide evidence that all conditions of operation have been met and approved by the appropriate licensing agencies. (Dept. of Planning Services) { in, f. The applicant shall submit evidence from the State of Colorado, Division of Water Resources that the existing well on site is permitted and operational. Evidence of approval shall be submitted to the Department of Planning Services. (Dept. of Planning Services) This Condition has been met. 2. Prior to the release of building permits: a) Upon approval by the Department of Planning Services, the Site Plan Review plat shall be recorded, (Dept. of Planning Services) b) The applicant shall submit two complete sets of blueprints to the Building Department . (Building Department) c) The applicant shall submit evidence that the structure and grounds are in compliance with the American with Disabilities Act. The exiting plan shall be shown on the plans. Evidence of approval shall be submitted to the Department of Planning Services. (Building Department) This Condition has been met. d) The applicant shall submit all fire alarm and sprinkler plans to the Union Colony Fire/Rescue Authority for review and approval. Evidence of approval snail be submitted to February 1,2002 Status Report,SPR 344.page 5 the Department of Planning Services. (Union Colony Fire/Rescue Authority) This Condition has been met e) The applicant shall schedule a walk through of the property and facility with the Union Colony Fire/Rescue Authority to determine whether the sprinkler system and alarm system requires an upgrade or modification. Evidence of approval shall be submitted to the Department of Planning Services. (Union Colony Fire/Rescue Authority) 3. Prior to Recording the Plat: a) The applicant shall submit a revised landscape plan to the Department of Planning Services for review and approval. Upon approval the Landscape Plan shall be placed on the plat. (Dept. of Planning Services) b) The applicant shall attempt to address the requirements (concerns) of the Weld County Sheriffs Office, as stated in the referral response received March 13, 2001. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Dept. of Planning Services) This Condition has been met. c) The applicant shall address the requirements(concerns)of the City of Greeley, as stated in the referral response received November 15,2000, specific to obtaining water and sewer for this facility. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Dept. of Planning Services) This Condition has been met. d) The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking, street improvements if required and landscape requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Dept. of Planning Services) Second, staff reviewed the blueline for compliance with the Weld County Code. The two frame sheds located in the southwest corner of the property appeared to be over the property line. These same two structures are now on the property line and do not meet setbacks as the two buildings are partially located on the adjacent property owned by Fred and Geraldine Tjardes. Further these structures are constructed within a ten foot wide utility easement established in 1956. Structures over and across utility easements are not permitted. Should access to the existing utility easement be required, the utility company or contractor may remove structure without cost or liability. Third, the wood fence on the north side of the property appears to be within the right-of-way for US Highway 34 by-pass(18th Street), as such, the fence shall be relocated approximately six feet to the south. Further, the fence for the entire property appears to be outside of the existing property line. Is this a graphic representation, or is this the actual location of the fence? In discussion with Jerry McRae, this is the surveyed location. The Department of Planning Services shall stipulate that should any fence section surrounding the property that is owned by the applicant require any type of repair, that section of fence and all sections of fence on the particular side of the property, shall be placed within the limits of the applicant's property. This requirement shall be included as a note on the Site Plan Review Plat. i Fourth. the ADA van accessible handicapped parking stall is located adjacent to the curb fronting the property to the east of the facility. Typically, a paved area is required for adequate means of access to the parking area and to all known points of ingress and egress, including curb c .rs. It is unclear as to whether this section of"Birch Avenue"is paved to meet this requirement. The Depart'.ent of planning Services and the Department of Public Works snail require the facility to meet ail applicable Federal standards pertaining February 1,2002 Status Report,SPR 344.page 6 to the American with Disabilities Act. Fifth, staff has reviewed the Lease Agreement with Mr. Nusser, property owner of the land to be utilized as a parking area for the Midway Youth Center Facility. In discussion with the Weld County Attorney's Office, the Lease shall state that the applicant has the right to use the land as a parking area only, and under no circumstances shall the Lease describe it as a separate leased lot. Should this be the case, the Lease described as a separate leased lot, then one additional step is required. The Board of County Commissioners will be requested to approve a Building Permit for the parking area. Should Midway Youth Services have any questions regarding the lease agreement and any potential ramifications, please consult your attorney or the Weld County Assistant County Attorney. Sixth, staff reviewed the Improvements Agreement. The Departments of Planning Services and Public Works have several questions regarding this document. It appears there are several items that should be included in this document, that are not presently addressed. J. Opaque Fence Enclosure • 2 x 3 feet wood sign • Sign Installation ▪ Handicapped Parking Sign and Pole II-- • 4" of 3/4" minus Crushed Gravel for Parking Area — �UGuA C2 A5r- • Gravel, subgrade • On-site grading for parking area • 29 concrete curb stops with rebar posts for placement • Six foot high by length opaque fence to screen parking lot from street right-of-way • Landscape Materials, Euonymus, sod, mulch, etc. • Overhead light fixtures Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Ogl Planner February 1,2002 Status Report,SPR 344,page 7 � r DEPARTMENT OF PLANNING SERVICES Willi PHONE (970) 353-6100, EXT 3540 FAX (970) 304-6498 1555 N. 17TH AVENUE Q GREELEY, COLORADO 80631 COLORADO February 16, 2001 Midway Youth Services Attn: David Moran 11169th St Greeley, CO 80631 Subject: SPR-344 -Site Plan Review for an Adolescent Treatment and Rehabilitation Center located in the C-2 Zone District on a parcel of land described as Lot 2 Union Colony Subdivision being part of the SE4 SE4 of Section 9, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. Dear Mr. Moran: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 to 60 days upon receipt of the application. You will be notified by this office at the end of the review period regarding the site plan. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Evans and Greeley Planning Commissions for their review and comments. It is recommended that you and/or a representative be in attendance at the Evans and Greeley Planning Commission meetings to answer any questions the Commission members may have with respect to your application. Please call the City of Evans at 970-339-5344 and the City of Greeley at 970-350-9780, for further details regarding the date, time, and place of these meetings. If you have any questions concerning this matter, please feel free to call or visit our office. Sincerely, Kim Ogle Planner DEPARTMENT OF PLANNING SERVICES 1 PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 C. WELD COUNTYADMINISTRATIVE ELIEY5 5 N. 17TH T VENUE GRE COLORADO November 6, 2000 Midway Youth Services c/o David Moran 1116 9th Street Greeley Dear Mr Moran, This letter is in response to your request for information regarding the placement of a residential treatment facility for adolescents at 1819 Birch Ave. east of Greeley. According to your letter, the current zoning is C-2 (Commercial). From the material submitted is appears that your use is most like a rehabilitation center. Section 33.3.2.11 of the Weld County Zoning Ordinance allows hospitals, nursing homes and mental or physical rehabilitation centers as a use by right in the C-2 Zone District. All uses within a C-2 Zone District will be required to obtain a Site Plan Review. The Site Plan Review application should also contain evidence that your use is accurately described as a rehabilitation center. Be aware that a recent charter amendment requires prisons to be voted on by the people. The issue may be brought up by surrounding property owners that this use should not be exempt from the charter. If you have further question, please contact me at the above address or call (970) 353-6100 ext. 3540. /64 Sheri Lockman Planner II SHERI LOCKMAN Re I received a lettey.tkom Midway Youth Services. They are wantiag to operate a residential treat Page 1 From: LEE Morrison To: SLOCKMAN@NORTHDOMAIN.NORTHPOST, Date: 11/1/00 5:14PM Subject: Re: I received a letter from Midway Youth Services. They are wanting to operate a residential treat Attached are the state law definitions and I concur that it is most like a rehabilitation center and therefore fits in a C zone. They should include evidence of how they are similar in their application. You should also make them aware that the anti-prison types will again raise the issue that the recent charter amendment requires a vote. Lee 7.701.24 Residential Child Care Facility A Residential Child Care Facility, defined at 26-6-102(8), C.R.S., shall provide 24-hour residential group care and treatment for 5 or more children between the ages of 3 and 18 years old and for those persons to 21 years old who are placed by court order prior to their eighteenth birthday. A residential child care facility must offer opportunities for a variety of experiences through a group living program and specialized services that can be used selectively in accordance with an individual plan for each child. A residential child care facility includes "Shelter Care Facilities"and "Crisis Care Facilities" (see Sections 7.705.81 and 7.705.91). 7.701.25 Secure Residential Treatment CenterA Secure Residential Treatment Center, defined at 26-6-102(9), C.R.S., provides care and treatment in a secure setting for persons up to 21 years of age. 26-6-102 provides: "'in (8) "Residential child care facility" means a facility licensed by the department pursuant to this part 1 to provide twenty-four-hour group care and treatment for five or more children operated under private, public, or nonprofit sponsorship. A residential child care facility may be eligible for designation by the executive director of the department of human services pursuant to article 10 of title 27, C.R.S. (9) "Secure residential treatment center" means a facility operated under private ownership that is licensed by the department pursuant to this part 1 to provide twenty-four-hour group care and treatment in a secure setting for five or more children or persons up to the age of twenty-one years over whom the juvenile court retains jurisdiction pursuant to > section 19-2-104(6), C.R.S., who are committed by a court pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an act that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility. >>> SHERI LOCKMAN 11/01/00 12:43pm >>> They will be taking placements from both Social Services and the Courts. Their licences include both a Residential Child Care Facility and a Residential Treatment Center. >>> LEE Morrison 10/26/00 02:05PM >>> I am not certain they are not a child care facility since the definition does not say no one over 16 only that in covers 8 or more children 16 or under. Will they be taking placements from social services or the Courts and what licenses will they be operating under'»772 >>> SHERI LOCKMAN 10/26/00 08:30am >>> I received a letter from Midway Youth Services. They are wanting to operate a residential treatment facility PS.HERI LOCKMAN - Re: I received a Iette,.kom Midway Youth Services. They are wantiug to operate a residential treat Page 2 for adolescents. (Sound familiar?)They provide counseling and support services, foster care, residential treatment and court related services to emotionally troubled youth and their families. The site they are looking at was the New Life Center at 1819 Birch in east Greeley. The ages are 10 to 18 so they can't be considered a child care facility. The site is zoned C-2. Section 33.3.2.11 of the Zoning Ordinance allows hospitals, nursing homes, and mental or physical rehabilitation center. Would they fit in this catagory? They would only be required to do a Site Plan Review, no public notice. CC: bbarker (4 ) MEMORANDUM Ilip C TO: Staff/ File COLORADO FROM:EricA. Jerman, Planner, SUBJECT: 1819 Birch Ave. 9-5-65 51./ 5t—el The structure at this address, which has gone by the name Birch Manor and Arbor Manor, among other names, was constructed in 1957, prior to zoning. The structure lies squarely in the R-1 district but has been operating as a Non-Conforming Use (NCU). The use at this site was, until May of 1998, was a Mentally-Disabled care facility. Jim Parker has made inquiries into this parcel August 10, 1998. He was informed that if he wanted to open up an elderly care facility that he could: 1. Do a USR for and keep the R-1 zoning 2. Do a change of zone to C-2 zoning and do a Site Plan Review SERVICE,TEAMWORK,INTEGRITY,QUALITY Kim Ogle--- revised letter for Continuum F th Management Forwarded Reply r—v Page 1 From: LEE Morrison To: BBARKER@CENTDOMAIN.CENTPOST, Date: 3/21/01 9:08AM Subject: revised letter for Continuum Health Management-Forwarded -Reply I think this is more properly a 23-6-10 B and 23-6-30 interpretation of zone district boundaries and interpretation of location of LOT lines and similar decisions not an interpretation of the zone ordinance text found in 23-6-20,. It would be appropriate for them to appeal and then change zone if unsuccesful >>> BRUCE Barker 03/21 8:39 am >>> Lee: Continuum Health Management has pressed Kim on his interpretation of the zoning map. Midway is located in R-1, but an interpretation by Ben a few years ago showed it was in a commercial zone. The company wants to change Midway from a place for developmentally disabled adults to a place for juveniles sent there as an alternative to the detention facility. From what Kim told me, the company has suggested in a letter that Kim somehow make it so that the zoning is what Ben originally told them it was. I told Kim to draft a letter saying that there are two remedies: first, do a change of zone; or, second, appeal Kim's interpretation. I had Kim write the letter with the appeal going to the BOA. But I'm not sure if that's correct-- it seems like Kim's interpretation is one of the zoning ordinance, because the map is part of that portion of the Code. Please review the attached and let Kim know if OK. Thanks. Bruce. CC: KOGLE@NORTHDOMAIN.NORTHPOST, SITE PLAN REVIEW APPLICATION Application Fee ite'D Receipt Number Case Number Recording Fee Receipt Number Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature). LEGAL DESCRIPTION OF PROPERTY: S≤E 14x2- E (Attach separate sheet if necessary) PARCEL NUMBER: 0112 / 01 :1000 #6 (12 digit number found on Tax I.D. Number or obtained in the Assessor's Office. PROPERTY ADDRESS(if available) /8/7 3/-ec/+ 511" �cj r ee ) •7 (") PRESENT ZONE 'Z OVERLAY ZONES TOTAL ACREAGE / '1°6 PROPOSED USE gDO.c S eEA r i R/ ,-'r/>,city; /t'e/4,93/L/%ft-72 Al PROPERTY OWNER: Name: 6ONCA-)Ind /la A 2-77./ 2R aPTAlEii2/�S..il ' .Tti1G', Address: %3 5/G0/ LcJ• /ell' St— City 4flbCc y a n O Zip 79L 3/ Home Telephone Business Telephone (77e) 3 76-- APPLICANT OR AUTHORIZED AGENT (if different than above): OA?r/d r.T. /flog! 4J (/riis4/.ay /occni S vic._S Name:Address: ///€' ? am 4 J . `9 c- e t City C Zip Sc63 / Home Telephone (770) 'V IS '' 7 7 Business Telephone (972) 30;2 - I hereby depose and state under the penalties of perjury that all -tements, propos: .nd/or plans submitted with or contained within the application are true and correct • the ..est-of my knowledg- _ g • ner or Authorized A. nt 9 • Sent By! Continuum Health Partners/ }, i 970 395 0605; NOV-20 3:41PM; Page 3/3 • • "EXHIBIT A" LEGAL DESCRIPTION All that part of Lot 2 of the SE1/4 of the SE1/4 of Section. 9, township 5 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado, according to the subdivision of land by the Union Colony of Colorado, more particularly described as follows: Beginning at a point on the west line o£ Lot 2 in the SE1/a of the SE1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.M. said point bcing 3O feet South of the Nerthwcst corner of said Lot 2 thence East, parallel with the North line of maid Lot, 125 feet; thence South parallel with the West line of said lot, 380 feet; thence west parallel with said North line, 125 feet to the West lino of said Lot; thence North along said West line 380 feet to the point of beginning. Weld County Planning Dept. - FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION i-`_L . 200': BUSINESS EMERGENCY INFORMATION: REF E i Vp D � Business Name: 1I� 7 7 i &/ N S V/CES Phone: 97° 3 6 7e 6 Address: ///A 9.717,-) f C.jreeAct , ez)en3 / Business Owner: /?I h v&IS 7 /ei cE Y/✓ \S t-fZ N.C/, S'Phone: %T0 .fir/6 - 7E% Home Address: ///t- Q 6r"IF'j City: eU List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE G7e) ??4,c/ j)/,PEC7O.e 3.f.R/$O c;JOt? 83 CR a,A<_c(t d;5 ,-3?G& � (✓7o� SAAID Ps�r�i��c7 rf76 c.a7-4,' .-/c5.er.,cc�Liv eAA. 6 71-4/(Jr .�/vr /Vex Ex to ,Dir2Fcre , 1 61/.:7s (a (c1.97)5--0/ 17 Business Hours: hrg/DA/ Days: -3&5--- D" c)yr Type of Alarm: None Burglar Holdup 0 Silent 'edible Name and address of alarm company: F/c/z:::7— C/1/93S' Location of Safe: Ale Air *****************.******************************************************************************************************** MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: 9 Location(s): f R°AJ J �r / Soce i A/ S' ve Is alcohol stored in building? (Ja Location(s): Are drugs stored in building? F`10 Location(s): Are weapons stored in building? N Location(s): The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the,programs of interest. / Physical security check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Nog 77V 4) C / �?.vo —Room Cc%r— Gas shutoff: -i_H'K CI �c✓�Din)El stirs/ma /Vernr Exteriorwatershutoff: /BSc-42,e C "= �w�0rn Fj 'A) ``2 CL 17'r Interiorwatershutoff: (-CT/L/ry 'ron-r Scar") LJi,�,5 12/16/2000 08:12 97048713 JACOB CENTER PAGE 03 11/30/2008 06:50 970' 14'Ai Juwe Luvion — SITE PLAN CERTIFICATION • I hereby certify that the uses, buildings,and structures located on: see attached are (legal descrUption) designed and wiN be eorstruaed and operated In accordance with the applicable performance standards and district requirements for the COmp zc'4t— 2 zone district as stated in the Weid County Zoning ordinance end in eceordanos wish any conditions Imposed by the 8oa'rd of County Commissioner,gt the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. ;' ZoiZli:iet,5 Nadi 4 rte �Q w 9 Imo' Signature cf °perry Owner • The foregoing!nstrumeentt was subscribed and sworn to before me this /8Q)/ °'" :. day of 4 -Q CP,n L ,4900, by -TGa/ 7O-5 ?of_ice,— WITNESS rry hand and official seal, • My Commission expires: /9/700/0/ liary Public 10 Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: •' /z 7/O Cl 1111 H Street P.O. Box 758, Greeley, CO 80632 ` /1 Phone: (970)356-4000,Ext.3750 Fax: (970)3004-6497 1. Applicant Name .M/vim AV 16 rr/4 84:::.4. V/C r S Phone • Address /// 6 9197 f' _ec% City_677-ee/Ei State Zip Roc 3 j 2. Address or location of access /7/1 4 3/2C,4L Section 7 Township S AJCRrf Rance krtc.) cC-r7C- r4:-/rn d'I)1. Subdivision a_4/[1 Al e ci_a Al y Block '-t-Ni< Lot 2 Weld County Road =34 Side of Road $,pc" Distance from nearest intersection So 3. Is there an existing access to the prooerr ? Yes / No 4 of accesses / 4. Proposed Use: O Permanent O ResidentiaiA._*iculmral O Indusa-ial f71JeeF.5c!N;7F.A3u — ❑ Temporary O Subdivision O Commercial ja Other xfxxx xxxxx xxxYxxxacfl xxxzxxxxxxxxx**x xxxxzxxzxxxxxxx*****xxxxxxzzxxxxxxxxxxX**,cs x z xxxxxxx z xxxx:x xz z:xxzxxz 5. Site Sketch Legend for Access Description: AG = Auriculturai S',t. RES = Residential 111k O&G = Oil & Gas D.R. = Ditch Road Id -1 ^_ = House R i; fl., - O = Shed i r rFw7 3hl Th4s,r/css tttttx t*TxxtTtttxxxttttt Tttxxttttttt ******xi»************4*****z******ttttxt MS***xxxx*x Yxxxtttfxtxx#xx xs#x/ti OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ttttttitttxtxttxttttitttftttTttttttttttttxttxtxtttFatxtttttittxxTttttx#ttxtttttttxttxttttx Txtxtxtxxxxxttxx* O Installation authorized O Information Insufficient Reviewed By: Title: m:wpfi l es\cog incer\access MIDWAY YOUTH SERVICES 913 11th Ave. 729 Remington St. 1518 Remington St. Greeley, CO 80831 Ft.Collins, CO 80524 Ft. Collins, CO 80524 (970) 352-2852 (970)484-8427 (970)484-7447 (970) 352-4428(fax) (970) 482-8713(fax) (970)484-7471 (fax) August 5, 2002 Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Case#SPR344 Response to Site Plan Review dated February 5, 2002 Legal Description: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel # 0961 09 4000046 To Whom it May Concern: Midway Youth Services, Inc. is prepared to continue with the juvenile treatment facility located at 1819 Birch Avenue, Greeley, CO. The residential treatment center will be known as Oasis Youth Facility. This document will address each comment reflected in the February 5, 2002 Site Plan Review received from Weld County Planning. 1.a. 1) This condition has been met. 1.a. 2) This condition has been met. 1.a. 3) This condition has been met. 1.a. 4) Oasis personnel have completed and included the Division of Vocational Rehabilitation Checklist for Existing Facilities. Oasis has addressed all applicable requirements and agrees to maintain an environment that is friendly and accessible to people with disabilities. 1.a. 5) This condition has been met. 1.a. 6) The Lease-Rental Agreement for the property known as 100 East 18th Street, Greeley, CO 80631 between Midway Youth Services, Inc. and John D. Nusser has been included for approval by the Weld County Attorney. Page 1 of 4 MIDWAY YOUTH SERVICES 913 11th Ave. 729 Remington St. 1518 Remington St. Greeley, CO 80631 Ft. Collins, CO 80524 Ft.Collins, CO 80524 (970)352-2852 (970)484-8427 (970)484-7447 (970) 352-4428(fax) (970)482-8713 (fax) (970)484-7471 (fax) RE: Case#SPR344 Response to Site Plan Review dated February 5, 2002 Legal Description: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel #0961 09 4000046 1.a. 7) The Parking Lot configuration and lighting layout have been included on the plat. 1.a. 8) Section 24-7-20.H is specific to new development. 1.a. 9) Handicap parking spaces have been reserved near both of the front entrances of the building and are delineated on the plat. 1.a. 10) This condition has been met. 1.a. 11) This issue is addressed in the Lease-Rental Agreement between Midway Youth Services, Inc. and John D. Nusser and grants the right of ingress and egress to the parking lot across the Nusser right-of-way. 1.a. 12) The parking area located at 100 East 18th Street has been graded and 4 inches of 3/4 inch gravel has been applied to the entire area designated for parking. 29 curb stops have been placed according to the placement indicated on the plat. 1.a. 13) Oasis plans to have a 6' chain link fence placed the length of the north side of the parking lot and landscaping as reflected on the Landscaping Plan completed by November 1, 2002. The Improvements Agreement that reflects these plans has been included along with a check for $2,500.00 as surety of the improvement completion. 1.a. 14) The Landscape Plan has been included on the plat. Maintenance of the landscaped area will be maintained through a contract with a landscape maintenance professional. 1.a. 15) This condition has been met. 1.a. 16) This condition has been met. 1.a. 17) It has been determined by the general contractor that moving the shed on the southwest corner of this property will not be possible without jeopardizing the integrity of the structure. Oasis is prepared to remove the building should the utility company require access to that area. 1.a. 18) This condition has been met. Page 2 of 4 MIDWAY YOUTH SERVICES 913 11th Ave. 729 Remington St. 1516 Remington St. Greeley, CO 80631 Ft. Collins, CO 80524 Ft. Collins, CO 80524 (970) 352-2852 (970)484-8427 (970)484-7447 (970)352-4428(fax) (970)482-8713(fax) (970)484-7471 (fax) RE: Case#SPR344 Response to Site Plan Review dated February 5, 2002 Legal Description: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel # 0961 09 4000046 1.b. 1) This condition has been met. 1.b. 2) This condition has been met. 1.b. 3) This condition has been met. 1.c. The suggested notes have been included on the plat. 1.d. This condition has been met. 1.e. The condition is in essence a "Catch 22" in that we are unable to obtain Department of Human Services licensure until we have received Weld County Planning approval for this project. We are asking that this condition be waived and agree to provide proof of licensure upon receipt. 1.f. This condition has been met. 2. Oasis requested and received an Early Release of Building Permit. Blue prints for the re-model were submitted and approved by the Building Department and the Building Fire Inspection Report verifying a walk- through inspection and approval of the fire plans has been included. 3.a. A Revised Landscape Plan has been included for approval. 3.b. This condition has been met. 3.c. This condition has been met. 3.d. The Improvements Agreement that reflects intended improvements and the time frame for intended completion has been included along with a check for $2,500.00 as surety of the improvement completion. Page 3 of 4 MIDWAY YOUTH SERVICES 913 11th Ave. 729 Remington St. 1516 Remington St. Greeley, CO 80631 Ft. Collins, CO 80524 Ft. Collins, CO 80524 (970)352-2852 (970)484-8427 (970)484-7447 (970) 352-4428(fax) (970)482-8713 (fax) (970)484-7471 (fax) RE: Case#SPR344 Response to Site Plan Review dated February 5, 2002 Legal Description: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel #0961 09 4000046 Additional Comments: Second The two frame sheds located in the southwest corner of the property can not be moved without jeopardizing the structural integrity of the structure (the sheds have been attached to each other). Oasis is prepared to remove the building should the utility company require access to that area. Third Oasis will move the wooden privacy fence back 6 feet from its existing location should that section require repair. Fourth Birch Avenue is paved with asphalt from the edge of the curb to approximately 20 feet east of the curb the length of the east side of the sidewalk. The two designated handicapped parking spaces are paved and provide adequate access with regard to surface and curb cuts. Fifth The Lease-Rental Agreement with John Nusser has been re-written to reflect the specific use of the property as parking only and does not identify the property as a separate parcel. Sixth All concerns outlined have been met with the exception of the landscaping and fence involving the parking lot. Page 4 of 4 STATE OF COLORADO COLORADO DEPARTMENT OF HUMAN SERVICES DIVISION OF CHILD CARE1575 Sherman Street OF. Denver,Colorado 80203-1714 Weld County Planning Department ew— Phone jas GREELEY OFFICE * • v� ,� * JAN 2 9 2002 #•,e * RECEIVED SS Owen Governor Mans Livingston Hammon Executive Director January 24, 2002 Mr. Kim Ogle Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: Midway Youth Services Dear Mr. Ogle: Please allow this letter to serve as verification that the Division of Child Care has received an application from Midway Youth Services to license and operate a Residential Child Care Facility located at 1819 Birth Street, Greeley, Colorado, 80631. The application was received December 22, 2000. The definition of Residential Child Care Facility (RCCF)states that a RCCF "...shall provide 24-hour residential group care and treatment for 5 or more children between the ages of 3 and 18 years old and for those persons to 21 years old who are placed by court order prior to their eighteenth birthday. A residential child care facility must offer opportunities for a variety of experiences through a group living program and specialized services that can be used selectively in accordance with an individual plan for each child. A residential child care facility includes'Shelter Care Facilities' and 'Crisis Care Facilities'... ". The definition does not determine under what circumstances, or through what agency, a child can be placed for care at such facility. To obtain a child care license, a RCCF must be in compliance with the Rules Regulating Child Care Facilities, Quality Standards for 24-Hour Facilities, and General Rules for Child Care Facilities. Midway Youth Services has also applied for Residential Treatment Certification through the Division of Mental Health. To obtain this certification, they must first be licensed as a RCCF, and be in compliance with all regulations listed in the Residential Treatment Centers rules. A walk-through of the proposed facility was performed January 15, 2002. A licensing inspection is scheduled for February 28, 2002, at which time all areas of the facility and program must be in compliance with all applicable regulations to receive a license to operate the RCCF. As part of such compliance, approving inspections from the health and fire departments, written zoning approval, and a certificate of occupancy must be provided to the Division of Child Care. If you have further questions, please contact me at (970) 330-4421, or by email at Cheryl.Estrick@state.co.us. Respectfully, iJa Cheryl Licensing Specialist CC: Marie Sand, Midway Youth Services MIDWAY YOUTH SERVICES 913 11th Ave. 729 Remington St. 1516 Remington St. 1819 Birch Avenue Greeley, CO 80631 Ft. Collins, CO 80524 Ft. Collins, CO 80524 Greeley, CO 80631 (970) 352-2852 (970) 484-8427 (970)484-7447 (970) (970) 352-4428 (fax) (970)482-8713 (fax) (970) 484-7471 (fax) (970) ADA ADJUSTMENTS January 5, 2002 Weld County Deparments of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: Case # SPR344 PARCEL: #0961 09 4000046 To Whom It May Concern: Midway Youth Services, Inc. contacted the Colorado Division of Vocational Rehabilitation and completed the Checklist for Existing Facilities, version 2.1 that was provided us by Carol Ortiz. Ms. Ortiz indicated that completing the checklist is a good faith effort toward compliance since there is no enforcing agency. Following are the deficiencies that were indicated on the checklist. Midway Youth Services, Inc. agrees to correct the following deficiencies at 1819 Birch Avenue prior to opening in order to comply with the Americans with Disabilities Act: 1) Midway Youth Services, Inc. will delineate one 13 foot wide, 20 foot long handicap accessible parking spaces near each of the front entrances. These spaces will be marked with signs on the fences and the curb will be marked with blue paint. These parking spaces will be monitored by the staff members on duty to insure availability for handicapped visitors. Violators will be located and asked to remove their vehicles. Failure of drivers to respect these spaces will result in the vehicle being towed at the owner's expense. 2) Midway Youth Services, Inc. will install an ADA approved emergency system that has both flashing lights and audible signals. This system will be installed by First Class Security. MIDWAY YOUTH SERVICES 913 1 1th Ave. 729 Remington St 1516 Remington St. Greeley,CO.80631 Ft.Collins,CO.80524 Ft.Collins,CO.80524 (970)352-2852 (970)484-8427 (970)484-7447 (970)352-4428(fax) (970)482-8713(fax) (970)484-7471 (fax) October 23, 2001 Weld County Department of Planning Services 1555 North 17th Ave. Greeley, CO. 80631 re: Case # SPR344 Parcel# 0961 09 4000046 To Whom It May Concern: The following is being written in response to attached condition 2.c) on the tentative approval of our site plan review for the facility located at 1819 Birch Ave. in Greeley, Colorado addressing the concerns of the Weld County Sheriffs Department with respect to the proposed usage. In the Memo received on March 13, 2001 from Rick Dill, the Sheriff addresses the following concerns: • The letter states that we had planned to move our existing staff secure detention facility to the Birch address. Because of a possible conflict with section 15-5 of the Weld County Home Rule Charter, we have reconsidered and will leave our staff secure program at its present location of 913 11th Avenue in Greeley. It is our intent to utilize the Birch facility for residential treatment of adolescents with mental health issues. The facility will be staffed in accordance with Colorado Department of Human Services Child Care Licensing requirements for the operation of such a facility. Residents will have a maximum staff to youth ratio of 1:3 from 7am until 3pm; 1:5 from 3pm until 11pm; and 1:8 on the overnight shift from 11pm until 7am. The facility will be staffed 24 hours a day, 365 days a year. Residents will also have on-grounds educational services and a full milieu of therapeutic services. The facility will employ two full time therapists and a full time case manager to implement service delivery. • The Sheriff's office addressed the issue of adequacy of parking and we feel that we have addressed this issue by optioning the parcel directly across the street from the proposed facility on the northeast corner of 18th St. and Birch Ave. This is a one-half acre piece of ground that will be used for facility parking. The only on-street parking will be for visitors with disabilities. • Regarding the volume of calls based on information provided to the Sheriff's department by the Greeley Police Department, we had previously researched this and were provided with information that indicated the actual number of calls was 23, 13 of which were responses to our faulty fire alarm system. Apparently the hard wired fire system was not hooked up correctly to the facility voice mail system. The difference between our number and the number provided to the Sheriffs department appears to be double counting when the police respond to a runaway. In reviewing the information provided by the Greeley Police Department to the Sheriff,the facility call was counted as one contact and the report was counted as a second contact. In respect to the new facility, we will be filing the reports on runaways with paperwork provided by the Sheriff and therefore will not need to contact the officer when a runaway occurs. This procedure will substantially cut down on the number of calls to the facility. • It is not within our power to address the issue of additional resources for the Sheriffs Department. We will however, as an agency, utilize all of our existing resources and those appropriate community resources before involving law enforcement. Certainly, law enforcement will be contacted in the case of legitimate legal violations. If I can be of any further assistance with addressing these concerns, please do not hesitate to contact me. Si erety, LI David J.Moran' Executive Director Midway Youth Services r MIDWAY YOUTH SERVICES 913 11th Ave. 729 Remington St 1516 Remington St. Greeley,CO.80631 Ft.Collins,CO.80524 Ft.Collins,CO.80524 (970)352-2852 (970)484-8427 (970)484-7447 (970)352-4428(fax) (970)482-8713(fax) (970)484-7471 (fax) Revised Landscape Plan for 1819 Birch Ave Midway Youth Services proposes to leave intact the existing landscaping at the 1819 Birch Ave. address. The structure sits on 1.06 acres and occupies 34% of the total area. Of the remaining area, an existing parking area and storage area in the rear of the buildings south side (including the driveway) occupies an area of 3,762 sq ft. The total structure to landscape area is 42%. The existing facility is landscaped with a mixture of bluegrass/ryegrass lawn area and shrubs. There are twelve mature pfitzer juniper(juneperus chinensis pfelzeriana) shrubs along the front or east side of the building and a lone blue spruce (picea pungens) near the front center entrance. On the north side of the building there are five mature pfitzer junipers and two white birch(betula) trees that are planted on small three foot berms in the grassy area. The facility will utilize the half acre lot directly across from the existing facility (north east corner of Birch Avenue and E. 18th St.) for parking.(1800 Birch Ave.) The entire length of the property along East 18th and the property along Birch Ave (excluding the driveway) will be sodded in for a length of ten feet from the property line and planted with burning bush(euonymus) shrubs spaced six feet apart. Maintenance of both properties will be contracted to a local landscaping company with eventual plans for the facility staff and youth to take over maintenance of the properties. The facility will employ a maintenance staff charged with the responsibility of outside landscape maintenance. Sod and shrubbery will be planted within a month of the last frost and should be completed by June 2002. ( MEMORANDUM VuDe. TO: Jacob Family Services DATE: August 23. 2001 COLORADO FROM: Kim Ogle, Planner Ili Cp. SUBJECT: Type of Facility and Proposed Site Plan Review The Board of Adjustment determined at the hearing on August 23, 2001 that the parcel designated as 1819 Birch Avenue shall be recognized as C-2 Zoning. Given this determination, the Department of Planning Services is providing the following Sections of the Weld County Code: Section 23-3-220, specific to C-2 (General Commercial) Zone District. Section 23-3-250, specific to Performance Standards Section 23-4-10, specific to Parking Section 23-4-50, specific to Off-Street Loading Section 23-4-100, specific to Signs in the C and I Zone Districts Appendix 23-A, Design Requirements for Off Street Parking Appendix 23-B, Number of Off-Street Parking Spaces Required The Department of Planning Services requests of the applicant to provide at a minimum, written documentation regarding the nature of the residential rehabilitation/treatment facility, including the maximum number of clients on site, the number of staff/ employee's present during the busiest shift, the square footage of office space and a revised Site Plan Review application with supporting documents. A map drawn to a known scale is a requirement of the Site Plan Review application. SERVICE,TEAMWORK,INTEGRITY,QUALITY Sec. 23-3-220. C-2 (General Commercial)Zone District. A. Intent. The purpose of the C-2 Zone District is to establish and preserve areas for activities which provide goods and services to the residents or areas larger than a local NEIGHBORHOOD. The C-2 Zone Districts shall be located,designed and operated in a manner that minimizes the undesirable impacts of the USES on the area in which they are located. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23-3-250 below. No outside storage will be allowed in the C-2 Zone District. USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. Uses Allowed by Right in the C-1 Zone District. 2. Stores and shops furnishing services and merchandise at retail to the general public. 3. RESTAURANTS, including DRIVE-IN RESTAURANTS. 4. NIGHTCLUBS,BARS, LOUNGES and TAVERNS. 5. THEATERS, convention halls and other such facilities and STRUCTURES, private or PUBLIC,with seating capacities not over one thousand(1,000). 6. Establishments for the sale and care of HOUSEHOLD PETS. 7. OFFICES. 8. Lumberyards, not including lumberyards with outside storage. Lumberyards that utilize storage STRUCTURES having an open side shall be permitted so long as the open side is not visible from the public rights-of-way or from surrounding properties. 9. Establishments for the repair and/or restoration of small electrical equipment and appliances such as radios,television sets,business office machines and household appliances. 10. Private and COMMERCIAL RECREATIONAL FACILITIES. (3' hospitals,nursing homes and mental or physical rehabilitation centers. 12. Mortuaries and FUNERAL HOMES. 13. HOTELS or MOTELS. 124 14. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT subject to the provisions of Article IX of this Chapter. 15. One(1)microwave, COMMERCIAL radio,television or other communication transmission or relay tower seventy (70) feet or less in height per LOT(measured from ground level). C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-2 Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards contained in Section 23-3-250 below. ACCESSORY USES within the C-2 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. Parking areas or STRUCTURES for USE by employees, customers and company vehicles so long as such parking areas are paved and SCREENED from ADJACENT property zoned R-1,R-2, R- 3,R-4, R-5, C-1, C-4 or I-1. 2. Loading areas or STRUCTURES so long as such loading areas or STRUCTURES are SCREENED from direct view of persons on ADJACENT properties zoned R-I,R-2,R-3,R-4,R-5,C- 1, C-4 or I-1. 3. Storage BUILDINGS for materials USED in the conduct of the Use Allowed by Right. 4. One (1) SINGLE-FAMILY DWELLING UNIT when USED as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the principal building. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II,Division 4 of this Chapter. 1. Microwave, COMMERCIAL radio, television or other communication transmission or relay towers over seventy(70) feet in height(measured from ground level). 2. THEATERS, convention halls and other such facilities with seating capacities over one thousand(1,000). 3. Gasoline service stations. 4. OIL AND GAS PRODUCTION FACILITIES. 5. One (1) MOBILE HOME when USED as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property subject to the provisions of Section 23-4-220. 6. More than one (1) microwave, COMMERCIAL radio, television or other communication transmission or relay tower per LOT. E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-2 Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-2 Zone District certify 125 r r and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-2 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-2 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. F. Performance Standard Compliance Required. All BUILDINGS, STRUCTURES and land located in the C-2 Zone District shall be located, designed, USED and occupied in such a manner that the design and operation standards contained in Section 23-3-250 below are met. G. Bulk Requirements. See Section 23-3-250)below. (Weld County Codification Ordinance 2000-1) 126 r1 �. Sec. 23-3-250. Performance standards. All BUILDINGS, STRUCTURES and land located in the Commercial Zone Districts shall be located, designed, USED and occupied in accordance with the design and operation standards enumerated below. A. Design Standards. The applicant for a building permit shall certify, according to the intent of Article II, Division 3 of this Chapter, that the following performance standards and the specific zone district requirements have been met. Additionally, the applicant shall certify that the compliance with these performance standards shall continue once the USE,BUILDING or STRUCTURE is constructed and in operation. 1. Stormwater Management. All users of land in Commercial Zone Districts shall provide and maintain stormwater retention facilities designed to retain the stormwater runoff in excess of historic flow from the undeveloped site. The stormwater retention facility on a developed site shall be designed for a one-hundred-year storm. The stormwater retention facility shall be designed and 129 operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site. 2. Parking. Sufficient SCREENED, off-street, paved parking areas shall be provided in the Commercial Zone Districts to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and ACCESSORY USES. For detailed parking requirements, see Article IV, Division 1 of this Chapter. 3 Street Access. LOTS in Commercial Zone Districts shall have safe access to an approved PUBLIC or private STREET. The design designation of any STREET or highway as to type shall be in conformance with that shown on the County Thoroughfare Plan and/or the MASTER PLAN of the affected municipality. Vehicular ingress and egress shall be permitted only via the following types of STREETS: a. ARTERIAL. b. COLLECTOR, when that COLLECTOR STREET does not serve any Residential Zone District before intersecting an ARTERIAL. c. FRONTAGE or SERVICE ROAD. d. LOCAL, when the LOCAL STREET is internal to the Commercial Zone District and does not serve any Residential Zone District LOTS. e. New accesses to public rights-of-way shall be constructed using the minimum standards contained in Table 23.6 below. Designs exceeding these minimums may be required by the Department of Public Works depending upon the number and type of vehicles generated by the USE proposed. Table 23.6 Minimum Standards for Accesses Size of drainage 15 inches structure diameter Length of drainage 20 feet structure Depth of cover over 12 inches pipe Width of access, 10 feet to 24 variable feet Maximum grade of 15 percent access Flare radius,variable 20 feet to 40 feet Depth of surfacing 4 inches f. Acceleration/deceleration lanes shall be provided where required by the Department of Public Works or the Colorado Department of Transportation to provide safe, efficient access to ARTERIAL or COLLECTOR STREETS. 130 4. Required Yards. a. Setback. No USE or ACCESSORY USE may be located closer than twenty-five(25) feet to the existing or proposed (whichever represents the greater right-of-way width) highway or STREET right-of-way. Off-street PARKING AREAS may be permitted in the required SETBACK area when the area is SCREENED from direct view of persons on the public rights- of-way. Fences over six (6) feet in height are not required to comply with the minimum SETBACK and may be located on the property line. Fences located on corner LOTS abutting public right-of-way shall not obstruct the view of vehicular traffic at an intersection. b. Offset. No USE or ACCESSORY USE may be located closer than ten (10) feet to its LOT line. Off-street parking areas may be permitted in the required OFFSET area when the area is SCREENED from ADJACENT LOTS zoned R-1,R-2, R-3, R-4 or R-5. Fences over six (6) feet in height are not required to comply with the minimum OFFSET and may be located on the property line. 5. Required Landscaped Areas. a. No more than eighty-five percent (85%) of the total area of a LOT in any Commercial Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs,trees,plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably LANDSCAPED. b. That portion of a LOT in any Commercial Zone District which abuts a PUBLIC or private STREET right-of-way shall be LANDSCAPED for a distance of ten (10) feet, measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas. 6. Areas USED for trash collection shall be SCREENED from public rights-of-way and all ADJACENT properties. These areas shall be designed and USED in a manner that will prevent wind- or animal-scattered trash. 7. Water Supply. USES located in the Commercial Zone Districts shall have an adequate source of potable water. 8. Sewage Disposal. USES located in Commercial Zone Districts shall have adequate sewage disposal facilities. 9. Outside Storage. USES in Commercial Zone Districts involving outdoor storage of vehicles, equipment or materials when permitted shall be SCREENED from public rights-of-way and all ADJACENT properties. B. Operation Standards. USES in Commercial Zone Districts shall demonstrate conformance with the following operation standards to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. 1. Noise. USES and STRUCTURES in Commercial Zone Districts shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101 C.R.S. 131 2. Air Quality. USES in the Commercial Zone Districts shall be located,designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. 3. Water Quality. USES in the Commercial Zone Districts shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission. 4. Radiation and Radioactive Materials. The handling, USE, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. 5. Heat. USES located within Commercial Zone Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit. 6. Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS; and no colored lights may be used which may be confused with or construed as traffic control devices. 7. Property Maintenance. Property located within Commercial Zone Districts shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of NOXIOUS WEEDS. (Weld County Codification Ordinance 2000-1) 132 Sec. 23-4-10. Off-street parking required. The location, design, construction and number of spaces required for off-street parking shall be as set forth in this Division. (Weld County Codification Ordinance 2000-1) Sec. 23-4-20. Location of off-street parking areas. A. If the land USE with respect to which the off-street parking requirements exist is confined to a single LOT, the off-street parking spaces shall be within that LOT or on a different LOT, properly zoned, not more than five hundred (500) feet distant, measured along a PUBLIC STREET or ALLEY which connects the two (2) LOTS. If the land USE is located on two (2) or more commonly owned and adjoining LOTS, the off-street parking spaces maybe located on any one(1)or more of those LOTS or on 145 a properly zoned LOT separated from them by not more than five hundred (500) feet, measured in the same way. B. Off-street parking areas in the I or C Zone Districts may be permitted within the required SETBACK or OFFSET areas so long as the parking area is SCREENED from ADJACENT properties zoned R-1, R-2,R-3,R-4 or R-5. (Weld County Codification Ordinance 2000-1) Sec. 23-4-30. Design and construction of off-street parking spaces. A. Off-street parking areas for passenger vehicles shall be designed and constructed in compliance with the standards listed in Appendix 23-A. B. In off-street parking areas for passenger vehicles with ten (10) or more spaces, ten percent (10%) of the spaces may be for small cars. The dimensions of the small car spaces maybe fifteen percent(15%) less than the standard dimensions specified above. Such spaces shall be designated by signs which indicate that they are for small or compact cars only. C. Off-street parking spaces including access drives shall be surfaced with gravel,asphalt,concrete or equivalent and shall be graded to prevent drainage problems. D. Each space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. E. Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES and so as to prevent glare directed at vehicles on STREETS and ALLEYS. (Weld County Codification Ordinance 2000-1) Sec.23-4-40. Number of off-street parking spaces required. The minimum number of off-street parking spaces for the type of land USE is as listed in Appendix 23-B. (Weld County Codification Ordinance 2000-1) Sec. 23-4-50. Off-street loading required. A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street loading spaces shall be located and SCREENED to meet the requirements of the zoning district in which it is located. One (1) off-street loading space shall be required if the COMMERCIAL or INDUSTRIAL USE is located in a building containing between ten thousand (10,000) square feet and twenty thousand (20,000) square feet of GROSS FLOOR AREA, and one (1) additional off-street loading space shall be required for each additional twenty thousand (20,000) square feet or fraction thereof of GROSS FLOOR AREA. B. Each off-street loading space shall be at least thirty-five (35) feet in length and ten (10) feet in width and shall be unobstructed from the surface up to a height of at least fifteen(15) feet. C. Off-street loading spaces shall be surfaced with either gravel, asphalt or concrete and shall be graded so as to prevent drainage problems. Each space should be equipped with wheel guards when necessary to prevent vehicles from extending beyond the boundary of this space and from coming into contact with other vehicles,walls, fences or plantings. 146 D. Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination onto ADJACENT residential property and so as to prevent glare directed at vehicles on STREETS and ALLEYS. E. Off-street loading spaces shall be located in such a way that, when the space is being used to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET or sidewalk. (Weld County Codification Ordinance 2000-1) 147 Sec. 23-4-100. Signs in C and I Zone Districts. A. All signs permitted in Section 23-4-80 shall be permitted subject to the regulations specified. B. Off-site directional signs and advertising signs and billboards shall be allowed subject to the following: 1. Maximum area per face: three hundred(300) square feet. 2. Maximum height: forty(40) feet. 3. Minimum SETBACK: twenty-five (25) feet. 4. Minimum OFFSET: ten(10) feet. 5. Minimum spacing between signs: five hundred(500) feet. C. Identification signs shall be permitted as ACCESSORY USES according to the following: 1. Maximum number per LOT: two (2). 2. Maximum area per face: one hundred fifty(150) square feet. 3. Maximum height when adjacent to interstate interchanges: forty-five(45) feet. 4. Minimum SETBACK: fifteen(15) feet. 5. Minimum OFFSET: ten(10) feet. 6. When attached flat against a supporting wall but not above the roof line, there are no limitations on a sign used entirely for identification purposes. (Weld County Codification Ordinance 2000-1) Sec. 23-4-110. General sign requirements. A. The following signs shall be prohibited in all districts: 1. Mechanical or electrical appurtenances, such as "revolving beacons" which are obviously designed just to compel attention. 148 2. Flashing red, green or amber signs located within five hundred(500) feet of an intersection. 3. Any sign located so as to conflict with the clear and obvious appearance of PUBLIC devices controlling PUBLIC traffic. B. All signs erected in a PUBLIC right-of-way by a PUBLIC agency controlling or directing traffic and private signs used exclusively to direct automobile traffic on private property shall be exempt from the provisions of this Chapter 149 APPENDIX 23-A DESIGN REQUIREMENTS FOR OFF-STREET PARKING Parking Angle Stall Width Stall to Curb Aisle Width Curb Length Overhang Degree Feet Feet Feet Feet Feet 0° 9 9 12 23 0 30° 9 17.3 11 18 1.0 45° 9 19.8 13 12.7 1.4 60° 9 21 18 10.4 1.7 90° 9 19 24 9 2.0 215 APPENDIX 23-B NUMBER OF OFF-STREET PARKING SPACES REQUIRED Use Number of Spaces Banks,business professional and public OFFICES 1 space/300 sq.ft.GROSS FLOOR AREA Bowling alleys 4 spaces each alley Churches or places of worship 1 space/4 seats of rated seating capacity DWELLING UNITS,DUPLEX 2 for each LIVING UNIT DWELLING UNITS,MULTI-FAMILY 2 for each LIVING UNIT DWELLING UNITS, SINGLE-FAMILY 2 for each LIVING UNIT DWELLING UNITS,TRIPLEX 2 for each LIVING UNIT HOSPITALS 1 space/100 sq. ft. GROSS FLOOR AREA HOTELS and MOTELS 1 space/unit,plus additional spaces required by this schedule for Restaurants,etc. as required Manufacture, research and assembly 2 for every 3 employees each(but in no event less than 2 spaces/1,000 sq. ft. of GROSS FLOOR AREA devoted to such USE) MEDICAL AND DENTAL CLINICS 1 space/250 sq. ft. GROSS FLOOR AREA Mortuaries and funeral parlors 1 space/100 sq.ft.of areas open to the public,plus spaces for mortuary vehicles,plus 1 space/2 employees OFFICE 1 for each 2 employees,plus 1 space for each 500 sq. ft. of office space Nursing homes and rehabilitation centers 1 space/1,000 sq.ft.GROSS FLOOR AREA plus 1 space/employee present during busiest shift. Pre-SCHOOLS and CHILD CARE CENTERS 1 space/employee Primary SCHOOLS(private,parochial, 1 space/employee PUBLIC) RESTAURANT 1 space/6 seats,plus 1 space/2 employees. In the case of facilities which sell food for consumption outside of the establishment,a minimum of 20 spaces shall be provided Retail sales and service 1 space/200 sq. ft. GROSS FLOOR AREA Secondary SCHOOLS(private,parochial, 1 space/employee,plus 1 per 5 students PUBLIC) Trade or business SCHOOLS and other post- 1 space/employee,plus 1 for each student for the school's highest secondary educational institutions rated classroom capacity Warehouse 1 for every 3 employees(but in no event less than 1 space for each 1,000 sq. ft. devoted to warehouse use. Wholesale sales and service 1 space/400 sq. ft. display and sales area,plus 1 space/2 employees 216 Any land use activity not otherwise identified A number of spaces determined by the Department of Planning in Section 23-4-40 Services to be reasonably necessary;the requirements shall be consistent with the requirements set forth above for comparable USE activities 217 ,-. Ki; 1 DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 O WEBSITE:www.co.weld.co.us E-mail address: kogle@CO.WeId.CO.US • PHONE (970) 353-6100, EXT.3540 COLORADO FAX(970)3°4-6498 July 11, 2001 Linda K. Metzler Manager of Support Services Continuum Health Partnerships, Inc. 5401 W. 10th Street Greeley, CO 80634 Subject: Board of Adjustment Procedural Guide and application Situs Address: 1819 Birch Avenue, Greeley Dear Ms. Metzler: The Department of Planning Services is in receipt of your letter dated June 6, 2001 specific to a request for application materials for an appeal to the Board of Adjustment. Appeals are brought under the provisions of Article VI, Section 23-6-10.6 of the Weld County Code, more specifically Section 23-6-30, Appeals for Interpretation of Zone District Boundaries or Lot Lines. The procedural guide and application is attached for your use. Please notify this office in writing or submit an application within thirty(30)days notifying the Department of Planning Services of the intentions of Continuum Health Management, LLC and the direction in which Continuum wishes to proceed. Staff will assist Continuum Health Management, LLC in streamlining the application process and procuring a timely hearing date before the Board of Adjustment. If you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, r • Kim Planner enclosure pc: B.Barker,Weld County Attorney M.Mika,Planning Services Property Research r. CONTINUUM HEALTH PARTNERSHIPS, INC. Weld County Planning Dept. June 6, 2001 " 'i! I 7 201 RECEIVED Kim Ogle Planner II Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Dear Kim: This letter is in response to your letter dated March 22, 2001, regarding the zoning of our property located at 1819 Birch Avenue in Greeley. We would like to proceed with submitting an application for an Appeal for Interpretation of Zone District Boundaries or Lot Lines to the Board of Adjustment. Anything you can do to assist us in procuring a timely hearing date for the Board of Adjustment would be appreciated. Thank you. Please call me if you have any questions. Sincerely, , Linda K. Metzler Manager of Support Services 5401 West Tenth Street•Suite 100-B•Greeley,Colorado 80634•(970)395-0404. FAX(970)395-0606 MIDWAY YOUTH SERVICES 913 111°Ave. 729 Remington St 1516 Remington SL Greeley,CO.80631 FL Collins,CO.80524 Ft.Collins,CO.80524 (970)352-2852 (970)484-8427 (970)484-7447 (970)352-4428(fax) (970)482-8713(fax) (970)484-7471(fax) April 19, 2001 Weld County Planning Dept, Mr. Kim Ogle Weld County Planning and Zoning 1555 N. 17th Ave 2 0 Z�J1 Greeley, CO 80631 RECEIVED Dear Mr. Ogle, Several weeks ago, I had the opportunity to review our application file with Monica Mika. I was concerned that while one week everything appeared to be a go on our proposal, the following week, the whole scenario changed, and our original understanding that the property where the facility was located was in a C2 zone was mistaken and that the property was now zoned Rl. In addition, our proposal to provide residential treatment services was now in question, and in effect was being seen as more of an incarceration facility requiring a general election. In reviewing the file, it was fairly obvious by both the timing and the content that Mr. Rick Dill of the Weld County Sheriffs Department provided information to zoning that would tend to indicate that we were planning on operating a detention facility. In addition, he provided misinformation about our current facility, Midway Shelter. Mr. Dill pointed out that Midway Shelter had 45 officer assist calls during the year 2000. As you can see from the attached list, his figure of 45 calls is highly inaccurate. On this list there were nine(9) calls to report runaway juveniles, there were two (2) calls for animal at large, there were eight (8) calls on our faulty fire alarm system(since repaired),two (2) calls regarding vandalism, one of which involved the outside of our building being graffitied with gang symbols, one(1) stolen vehicle complaint that involved two of our youth stealing a staff members car, and finally one miscellaneous complaint. There were twenty-three(23) calls in all, with only 11 actually connected to the population we were caring for. To more fully understand the issue it should be noted that we provided care for over two hundred and fifty juveniles during calendar year 2000 with a runaway rate of .036%, an extremely low rate in comparison with similar facilities. Midway Shelter is not locked and is licensed through the State of Colorado as a Residential Child Care Facility. The proposed facility would be licensed by the State as both a Residential Child Care Facility and as a Residential Treatment Center. It is interesting to note that while Mr. Dill appears supportive of services to this juvenile population and certainly realizes the needs for adolescent treatment services specific to Weld County, he basically disqualifies his position by pointing out the negative impact that our proposal would have on his department. Again, his figures are inaccurate to begin with, and it is our opinion that any increases in calls to the Sheriff's Department would be minimal. This certainly appears to be a N MBY stance on his part. I hope that this letter and the attachment will help clarify issues raised by Mr. Dill. Si erely, J. Moran Exe • ' ector Midway Youth Services CC: Monica Mika Rick Dill . . .. eta'POLICE DEPARTMENT `aa' City of PUBLIC SAFETY BUILDING,919 7TH STREET, GREELEY, COLORADO 80631 •(970) 35605 Greeley 0-9 ley 913 S 11th Ave. Greeley, CO 80631 CASE NUMBER NAT CALL DATE GP 2000 408 RAJ 010700 2248 RAJ 020600 '1249 RAJ 020600 4242 ANMLC 031000 6887 ALARM-FIRE 042200 7007 AMNLL 042400 10757 RAJ 061900 10880 VANDAL 062100 11131 ALARM-FIRE 062500 13617 ALARM-FIRE 072900 16602 ALARM-FIRE 090900 16880 ALARM-FIRE 091300 17109 ALARM-FIRE 091600 19092 VANDAL 101600 2007-; MISC 103100 20096 RAJ 103100 20436 RAJ 110600 20931 ALARM-FIRE 111400 21 108 ALARM-FIRE 111700 1676 RAJ 112400 22082 SVEH 120300 22083 RAJ 120300 22084 RAJ 120300 GP 2001 331 ASLTS 010501 SERVING OUR COMMUNITY • ) T ' s A TRADITION We promise!o preserve and improve/ e yvQlly offile for 9reeley l/rouyli limey, courteous and cos!lec/ive service. 2 Jacob Family Services Licensed Child Placement Agency April 12, 2001 iJel,l County Planning Dept. Jacob Center North Mr. Kim Ogle - - a LC0 729 Remington Street Planner II Fort Collins CO 80524 E l V E D (970)484-8427 Department of Planning Services E Fax: 482-8713 1555 N. 17th Avenue Greeley, Colorado 80531 RE: Response to your letter dated 04/09/01 to Mr. David Moran regarding intentions of Jacob Jacob Center Fast Family Services/Midway Youth Services for the property located at 1819 Birch Avenue. 1116 9th Street Greeley,CO 80631 (970)352-2852 Dear Mr. Ogle: Fax: 3523428 Thank you for your recent letter regarding 1819 Birch Avenue. At this time it is our understanding that the current Owners of the building located at 1819 Birch Avenue are going Jacob Center Longmont through the appropriate application process with your Planning Department to clear the 380 Main Street k221 confusion regarding the Commercial and Industrial use of this building and are confident that Longmont,CO 80501 they will be able to clear the confusion so that the building will once again be zoned C-2 as (303)774-9837 g Fax: 774-9837 it was when they were using it. We are waiting for this process to be completed before we proceed with our plans for the building. In the unlikely and unfortunate event that the current Owners are not able to rightfully get the property zoned C-2 we will continue with our application process to get the property appropriately zoned so we may be able to open a Rehabilitation Center that works with children that are abused and neglected. Per our conversations in the past, our application will be different because we have changed the population of children that we would like to serve at this property. I would request, if possible, that you hold onto our current information that we have provided for you until the current Owners have been able to complete their application process. Obviously, the outcome of their application will determine what we will be doing next. If you have any questions please feel free to contact me at 1-970-484-8427. Thank you time and attention to this matter, 2PaitLPC,D. CACIII, CRC, RPT-SC Clinical and Program Director cc: Mr. David Moran Mr. Jim Parker a Kit' DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 Wi WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.WeId.CO.US Co PHONE (970) 353-6100, EXT.3540 COLORADO FAX(970)304-6498 April 9, 2001 Mr. David Moran Executive Director Midway Youth Services 1116 Ninth Street Greeley, CO 80631 Subject: Application Status Dear Mr. Moran: The Department of Planning Services has an active application on file for the Midway Youth Services for a property located at 1819 Birch Avenue, Greeley with a legal description of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West. The Department of Planning Services has provided your organization with information pertaining to the zoning designation, Residential Zone District (R-1), as outlined in correspondence dated March 5 and March 26, 2001. The application currently in this office, a Site Plan Review, is not, appropriate to your zoning designation, as this is a requirement of properties located in the Commercial and Industrial Zone District. Please notify this office in writing of the intentions of the Jacob Family Services /Midway Youth Services pertaining to your application and how your organization wishes to proceed. If you need any further information, please feel free to contact Monica Daniels-Mika, Director of Planning Services or myself at the above address, telephone number or e-mail address. Sincerely, Cc6 . Kim Ogl Planner pc: B. Barker,Weld County Attorney M.Mika, Planning Services Property Research a 4144141 IDDEPARTMENT OF PLANNING SERVICES C 1555 N. 17TH AVENUE WI GREELEY, COLORADO 80631 DO WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) 353-6100, FAX(970)304-6498 March 26, 2001 Mr. David Moran Executive Director Midway Youth Services 1116 Ninth Street Greeley, CO 80631 Subject: Zone Designation Situs Address: 1819 Birch Avenue Legal: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel Number: 0961 09 400046 Dear Mr. Moran: The Department of Planning Services has determined that the property referenced above is in the Residential Zone District (R-1). Staff determined the history of the zoning for this parcel as: 1962 - Delta Zoning "E" for Estate 1981 - Re-District Zoning Map-"R-1" Low Density Residential 2001 - R-1 Low Density Residential The Re-District Zoning Map, dated 1981, delineates the exact location of the1819 Birch Avenue structure. Enclosed please find a photocopy of this document with the physical structure highlighted. If you need any further information, please feel free to contact Monica Daniels-Mika, Director of Planning Services or myself at the above address, telephone number or e-mail address. Since K, Kim ".le Planner enclosure Cut sheet of 1981 Redistricting Zoning Map pc: B. Barker,Weld County Attorney M. Mika,Planning Services Property Research I DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.Weld.CO.US • PHONE (970)353-6100, EXT.3540 COLORADO FAX(970)304-6498 March 22, 2001 James Parker Continuum Health Partnerships, Inc. 5401 W. 10`h Street Greeley, CO 80634 Subject: Status of Existing Zoning Situs Address: 1819 Birch Avenue, Greeley Legal: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel Number: 0961 09 400046 Dear Mr. Parker: The Department of Planning Services has determined that the property referenced above is in the Residential Zone District (R-1). In the course of processing the application for Midway Youth Services,extensive property research was conducted to determine history of the property, including building use, permits of record and zoning classification. Through this research, Staff determined the history of the zoning for this parcel as: 1962 - Delta Zoning "E" for Estate 1981 - Re-District Zoning Map - "R-1" Low Density Residential 2001 - R-1 Low Density Residential The Re-District Zoning Map, available at the Clerk to the Boards office, specifically delineates the exact location of the1819 Birch Avenue structure and the Zone District associated with this structure. Enclosed please find a photocopy of this document. Given this information and supporting documentation, the Department of Planning Services determined that the letter (B. Patton to L. Briscoe) dated October 5, 1998, is incorrect in the determination of the Zone District for the parcel referenced above. As requested in your letter (J. Parker to K. Ogle) dated March 16, 2001, Continuum Health Management, LLC was seeking direction in ways to remedy the given situation. The Department of Planning Services suggests Continuum Health Management consider one of the following options be taken to remedy this situation. First, Continuum Health Management, LLC may appeal the Department of Planning Services interpretation of the Official Weld County Zoning Map and all supporting documentation utilized in making the (R-1) Low Density Residential zoning determination to the Weld County Board of Adjustment. Appeals to the Board of Adjustment are brought under the provisions of Article VI, Section 23-6-10.6 of the Weld County Code, more specifically Section 23-6-30, Appeals for Interpretation of Zone District Boundaries or Lot Lines. There is a procedural guide and application available at the Department of Planning Services. Second, Continuum Health Management, LLC may apply for a Change of Zone to change existing zoning (R-1) Low Density Residential to another zoning designation (C-2) Commercial as stated in Continuum's letter to Ogle dated March 16, 2001. To change the zoning for a parcel, there is a specific application and procedural guide. This document is available at the Department of Planning Services. Further, for a valid application to be considered complete and ready for processing, all requirements and documentation shall be in compliance with Chapter 23 of the Weld County Code. In each alternative, an application, supporting documentation and an application fee is required prior to setting up the case or scheduling any applicable hearings. One approach that Continuum Health Management may want to pursue, is to first address the Board of Adjustment regarding staff's interpretation of Zone District Boundaries and if denied by the Board, submit an application for the Change of Zone. Please notify this office in writing of the intentions of Continuum Health Management, LLC and the direction in which Continuum wishes to proceed. Staff will assist Continuum Health Management, LLC in streamlining the application process and procuring a timely hearing date for either the Board of Adjustment or the Planning Commission. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim ..le Planner II enclosure pc: B. Barker,Weld County Attorney M. Mika, Planning Services Property Research �,' +.. . I N. N G / - t' ii ' l y�-g-----t-;. w I A molar II 11 °-i = / :_,.._J i--,t__,l ,44 , . . , It V i N �� _ ---nv*H --T?83f1'IB O A if-4610 ® • i� ' >> 1, i ` M • o sI N \ I ,I I N p ■. s i f •Ii N 1 t Z I N II g I. kI I ; .� r\ , .1 ) 5- I ��.+.. �. / 111 E �i I F. a li ; [ i o . ■ . * • s J isi 0 ■ pa • ■� r �r en . I F. \N.. .... 4- r set ; , rt' IV IS) t ■ • _ — reo -... ',)96 / - 9• s'.14' us6 y - Y, r=.. R65W R65W I R 1 —7 NIRE90111(19711111 -' 11 ". ' ' -: -. I- — — — — fli -----. — ___ _ ___ _j, _i.., MOOR IN I . 11_, 1 c rLr. St II I` F I r { ley =rrr� I d `�: WAN — II r ply, l halt. •�HHH,r 7 _ ,4 •• ��I c tern 1 I �� =--� / I ;. ‘ B N. tins rap%I . '��r f.1 r'� Sill/12! ` � r t I Ac, r G Lo It • 11 II o I ti7 I� + iii - Iii; -n .IT !gbillitil l0 \ 14 •i" . ro..... mu , ) -ft-__x_„„a �.`�l l H ,. • / ; r`:0 ,.. �I,,I' ,... , APfTPOV£D AND CE'AT/F/FD Br THE "' HYPAS� .. / I . : . IEE'Ep COUNT I'Pt ANNOY,: romin‘•;21y i y �� ` _ d A rF;---L`'r-t-_-i-a�` 1 :i4'.r,' I — ��y.-.- i ... AOQPT(O Or Tkf Hfi4FO (V' CONEY to [r \_� es COMMISSIONERS OF WEYO CWNII - w4_ L.. "_41.' • OAT A:„!CI••.V .'V ,____ A-Aa rvlNrl C-Coarm.rtrol ay ryr d L v1 tv*Nt I E - F•R.f�e.nn.l s•ScnnuGC /` H Hoer O.nP ' 0'OD.. 1 r < - R.Sden Itsl �...zv 0,,,,,F ,:- .4 / r-Tronyhone/ Bw AL, I B-BYfMsff 1Fr j. J , .. —. ...... . ...r " I'S; rest DEPARTMENT OF PLANNING SERVICES WUD PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO October 5, 1998 Lori Briscoe 5401 West 10th St., Ste. 100-B Greeley, Colorado 80634 Ms. Briscoe On Thursday, October 1, 1998 the Department of Planning Services' staff discussed the proposed upgrade/change in occupancy for the building located at 1819 Birch Avenue, Weld County. It has been determined that the zone district for this address is C-2 (Commercial), making the proposed use qualify as a"Use-by-Right", according to the Weld County Zoning Ordinance. Given this zoning status, a permit to allow the use is not required. However, according to Section 23.1.3 of the Weld County Zoning Ordinance, the proposed improvements to this site, as described in a letter from Continuum Health Partnerships dated September 30, 1998,will require the completion of a Site Plan Review. This application is an in-depth staff review of the on-site features of the proposal. Staff strongly recommends the applicant receive the necessary information from staff in person to ensure complete understanding of the scope of the project. Please contact me at the number shown above if you have any further questions. Ben Patton Planner • Weld County Planning Dept. CONTINUUM HEALTH MANAGEMENT,LLC `ffil1,R 20 2001 RECEIVED March 16, 2001 Kim Ogle, Planner II Weld County Department of Planning 1555 N 17th Avenue Greeley, Colorado 80631 Dear Ms. Ogle, I am in receipt of your letter dated March 2, 2001 concerning a Non-Conforming Use of a property(NCU 343) located at 1819 Birch Avenue in Greeley. I was quite surprised to receive this letter, which directly contradicts all previous correspondence I have had with the Department of Planning Services (Department). My first contact with the Department concerning this property occurred in November, 1997. The property was listed for sale, and I was interested in the zoning. I met with Shani Eastin, who was a planner in the Department at that time. She and I searched the records, looking at aerial photos, etc. trying to determine what the proper zoning was at the time. Although the site was difficult to find, she determined conclusively at the time that the zoning was C-2. I did not purchase the property at this time. In August of 1998, the property went up for auction. I purchased the property at the auction. Between the auction date of August 6 and the closing date of August 24, I spoke with Eric Jarman, a planner who had taken Ms. Eastin's place in the Department. Mr. Jarman reconfirmed the zoning as C-2. After the auction, a principal in our firm, Lori Briscoe, met with Ben Patton and Monica Daniels-Mika to discuss the zoning process. Mr. Patton followed up with the written documentation, once again confirming the zoning as C-2. Our purchase of the property was predicated on the zoning being C-2, and we relied upon the Department's judgement that the zoning was C-2. We are now in the process of working with a lessor of the property, who has agreed to lease the property. The lessor also relied on the C-2 zoning designation, as we have. Now we have received your letter, which appears to change the zoning to R-1, and completely ignores all other representations made by the Department. This change would be very damaging to us, resulting in a loss of income if the lease cannot be worked out, and a loss of value, as the C-2 is far more valuable to us as a business asset than R-1. 5401 West Tenth Street Suite 100-B At this time I am asking you to reconsider your letter, and provide us with confirmation of C-2 zoning and its requirements. A copy of the October 5, 1998 letter from Ben Patton Greeley,Colort Department is attached for your reference. (970)395-0404 (800)395-6744 FAX(970)395-0606 If I can be of any more assistance to you, feel free to call me. Sinc ly, /7/ J es W Parker Chief Financial Officer enc. pc: Steve Briscoe John Houtchens c\li\ tt I DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE C GREELEY,BSIT COLORADO 80631 WEBS155 N. 17T.weld. o.us E-mail address: kogle@CO.Weld.CO.US COLORADO PHONE (970) 353-6100, FAX(970)304-6498 March 5, 2001 Mr. David Moran Executive Director Midway Youth Services 1116 Ninth Street Greeley, CO 80631 Subject: Zone Designation Situs Address: 1819 Birch Avenue Legal: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel Number: 0961 09 400046 Dear Mr. Moran: The Department of Planning Services has under review a Site Plan Review application for the Jacob Family Services/Midway Youth Services project. In the course of processing the application, extensive property research is conducted to determine history of the property, including building use, permits of record and zoning. During the course of this review, the Department of Planning Services determined that the 58,900 square foot structure referenced above was constructed in 1957 and in operation prior to the adoption of the Weld County Code on August 31, 1972. Given this information, a Non-Conforming Use(NCU 343)was established for the structure as the facility was in use prior to the adoption of the recognized Ordinances. Staff further determined the zoning for this parcel and is briefly summarized in the table as: 1962 - Delta Zoning "E" for Estate 1981 - Re-District Zoning Map - "R-1" Low Density Residential 2001 - R-1 Low Density Residential The Re-District Zoning Map, available at the Clerk to the Boards office, specifically delineates the exact location of the 1819 Birch Avenue structure and the Zone District associated with this structure. Enclosed please find a photocopy of this document. The letter from the Department of Planning Services dated October 5, 1998, is incorrect in the determination of the Zone District for the parcel referenced above. Article VIII, Section 23-8-10 addresses Vested Property Rights pursuant to the provisions of Article 68 of Title 24, C.R.S. In this case, the establishment of a Vested Property Right shall be the date of the approval of the original Site Specific Development Plan, unless the Board of County Commissioners specifically finds to the contrary and incorporates such finding in its approval of the amendment. A Site Specific Development Plan, also identified as a Use by Special Review (USR) is an entirely different application process than the one presently submitted to this office,thus vesting of this development shall not occur until the application has been approved by the Board of County Commissioners and the applicant has met the Development Standards and Conditions of Approval. Given the determination of R-1, Low Density Residential zoning for this parcel, the appropriate application to be submitted to this office is an Use by Special Review for a hospital, nursing home and rehabilitation center. Although the application states there are two separate client users at this facility, residential treatment and court ordered detention, the R-1 zoning does not specifically address all user groups. The best fit scenario is referenced above. Should Jacob Family Services /Midway Youth Services elect to proceed with their application, a Use by special Review application and supporting documents shall be submitted to this office for processing. Please note, this application will have two public hearings, first the Planning Commission will make a non-binding recommendation to the Board of County Commissioners who will approve or deny the application. If approved, one Condition of Approval will be meet the requirements of Section 15-5 of the Weld County Charter that states: "Effective as of the date of adoption by the electors of Weld County of this Article XV, Section 15-5, no Certificate of Occupancy shall be issued by Weld County, or any department, employee or agent thereof, for the occupancy or operation of any building or other structure which will be occupied, used or operated as, and no person, corporation or entity shall occupy, use or operate any building or structure as a correctional facility, pre- parole facility, jail, prison or other place of incarceration, whether or not said building or structure is privately owned and/or operated, or is owned and/or operated by Weld County or, to the extent permitted by law, the State of Colorado, unless and until the location and siting thereof has been approved by a majority of the registered electors of Weld County voting at a regular or special election held on the question of said location and siting. This Section 15-5 is adopted in order to implement the provision of CRS Section 17-2-401(d) relating to the authority of Weld County to maintain zoning and siting control over correctional facilities within the County, and this Section 15-5 shall survive any amendment or repeal of said Section 17-2-401(d), CRS. The provisions of this Section 15-5 shall be self-executing, shall take effect immediately upon adoption by the electors of Weld County, Colorado, and shall be applicable to any structure, building or facility which is not on the date of such adoption by the electors, occupied and in use as a detention facility,correctional facility,pre-parole facility,jail, prison or place of incarceration pursuant to a certificate of occupancy lawfully issued by Weld County, Colorado." Please notify this office in writing of the intentions of the Jacob Family Services /Midway Youth Services pertaining to your application. Enclosed please find a Use by Special Review application for your use. Please note, a majority of the existing application may be utilized for completing the requirements associated with this second application. Staff will assist JFS/MYS in streamlining the application process and procuring a timely hearing date for the Planning Commission. If you need any further information, please feel free to contact me or Monica Daniels-Mika, director of Planning Services at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planner II enclosure pc: B.Barker,Weld County Attorney M.Mika, Planning Services Property Research cat I WI DEPARTMENT OF PLANNING SERVICES C 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-mail address: kogle@CO.WeId.CO.US COLORADO• PHONE (970) 353-X197 EXT.3540 FAX(970)304-6498 March 2, 2001 James Parker Continuum Health Partnerships, Inc., 5401 W. 10th Street Greeley, CO 80634 Subject: Non-Conforming Use (NCU 343) Situs Address: 1819 Birch Avenue Legal: All that part of Lot 2 of the SE4 SE4 of Section 9, Township 5 North, Range 65 West Parcel Number: 0961 09 400046 Dear Mr. Parker: The Department of Planning Services has determined that the 58,900 square foot structure referenced above was constructed in 1957 and in operation prior to the adoption of the Weld County Code on August 31, 1972. A Non-Conforming Use has been established for the structure on site at the above referenced address. (NCU 343). The existing structure in the Residential Zone District (R-1) is considered a Non-Conforming Use of a Structure as outlined below: Sec. 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT coverage, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. Should such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be restored except in conformance with the provisions of this Chapter. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. B. Expansion or enlargement. No such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its nonconformity, except that those STRUCTURES that are nonconforming by reason of noncompliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed within an existing right-of-way. C. Substitution of STRUCTURES. Should such nonconforming STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. D. Existing Building Permits. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans or construction of any STRUCTURE on which actual construction was lawfully begun prior to the effective date of adoption of the ordinance codified herein or amendment of this Chapter and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently. (Weld County Codification Ordinance 2000-1) Sec. 23-7-50. Nonconforming uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent(50%) of its replacement cost at time of destruction shall not be restored, except to gain conformance with all provisions of this Chapter. The nonconforming USE may not be reestablished after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE, may be permitted. B. Expansion or Enlargement. 1. A nonconforming USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption of the ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any land outside such STRUCTURE without first having received a Special Review Permit pursuant to the procedures established in Article II, Division 4 of this Chapter. 2. A nonconforming USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such nonconforming USE shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such USE on the effective date of adoption of the ordinance codified herein or amendment of this Chapter. C. Substitution of USES. 1. A nonconforming USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. However, the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing nonconforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenevera nonconforming USE is replaced by a permitted USE,the nonconforming USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. D. Abandonment. When a nonconforming USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located. (Weld County Codification Ordinance 2000-1) As previously outlined, Non-Conforming Use number (NCU 343) has been established for this property. Please reference this number when referencing all activities at the 1819 Birch Avenue address. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planner II pc: NCU 343 ld County pP i .20vtlanning Dept, MEMO NJe To: Monica RECEIVE From: Rick Dill Subject: Conversation of 02/26/1 Date: February 26, 2001 I put together some information about juvenile detention into two duplicate packets. Each packet has the following: 3 pages from ACA standards for Small Juvenile Detention Facilities which include definitions for"Juvenile community residential program" and "Juvenile detention" 1 page juvenile detention screening instrument which is used in this judicial district to determine what to do with a kid who gets arrested. This gives you information about how kids come to be in Level 2 which is currently what Midway holds by contract with the Division of Youth Services. 1 page describing differences between a Juvenile Detention Center, Adult Jail, and Non- Secure holding facility 11 pages from The National Juvenile Detention Association entitled"Defining Juvenile Detention" 3 pages Federal Register, Part II, Office of Juvenile and Delinquency Prevention 4 pages Federal Register, Part V, 28 CFR Part 31, OJJDP Policy for Nonsecure Custody of Juveniles in Adult Jails and Lock-ups. 2 pages Black's Law Dictionary definition"Incarceration" and then"Imprisonment" I'll be up front and let you know most of this material is dated although I suspect little has changed. I just got the Black's Law definitions live so those are very current. Hopes this helps sort through this. (d) If two or more ordinances or resolutions adopted at the same election shall have conflicting provisions,the provisions in the ordinance or resolution receiving the highest number of affirmative votes shall prevail as to such conflict and the adopted ordinance or resolution receiving the lesser number of votes,to the extent it is severable, shall nevertheless be effective except as to the matters of conflict or inconsistency. (e) The Board shall not refer more than five measures to the people at any general election. The number of measures to be submitted at a special election shall not be limited. Section 15-5. Election Required Regarding Siting of Correctional or Detention Facilities. Effective as of the date of adoption by the electors of Weld County of this Article XV, Section 15-5,no Certificate of Occupancy shall be issued by Weld County, or any department, employee or agent thereof, for the occupancy or operation of any building or other structure which will be occupied,used or operated as, and no person, corporation or entity shall occupy, use or operate any building or structure as a correctional facility, pre-parole facility,jail, prison or other place of incarceration, whether or not said building or structure is privately owned and/or operated, or is owned and/or operated by Weld County or, to the extent permitted by law, the State of Colorado, unless and until the location and siting thereof has been approved by a majority of the registered electors of Weld County voting at a regular or special election held on the question of said location and siting. This Section 15-5 is adopted in order to implement the provision of CRS Section 17-2-401(d)relating to the authority of Weld County to maintain zoning and siting control over correctional facilities within the County,and this Section 15-5 shall survive any amendment or repeal of said Section 17-2-401(d), CRS. The provisions of this Section 15-5 shall be self-executing, shall take effect immediately upon adoption by the electors of Weld County, Colorado, and shall be applicable to any structure, building or facility which is not on the date of such adoption by the electors, occupied and in use as a detention facility, 62 correctional facility, pre-parole facility,jail, prison or place of incarceration pursuant to a certificate of occupancy lawfully issued by Weld County, Colorado. ARTICLE XVI GENERAL PROVISIONS Section 16-1. Continuity of Government. The Board shall provide for continuity of government in the event of a disaster. It shall prescribe procedures which will preserve representative government and provide an orderly line of succession of authority when disaster makes such measures necessary. In no case will such temporary occupancy of elective offices extend beyond the next scheduled general election. Section 16-2. Eminent Domain. The County shall have the powers of eminent domain to the fullest extent authorized by State law. Section 16-3. Bonding of Officers. Members of the Board and such other officers or employees as the Board may require and as required by this Charter shall give bond in an amount and with surety prescribed by the Board, or as required by law. The premiums on such bonds shall be paid by the County, and the bonds shall be filed with the County Clerk. The amount of each bond shall be re-established prior to each election. Section 16-4. Invalidity of Part—Severability. If a court of competent jurisdiction shall,by final judgment,hold any part or provision of this Charter to be invalid or unconstitutional, all other provisions of this Charter shall be considered to be severable and shall not be affected thereby and the effect of such decision shall not extend beyond that required by the court's ruling. 63 Delinquent Sentence - (see also 703H Sentence) Court imposed sentence to detention for delinquent act and youth is not under probation supervision. Dependency and Neglect Detention Hold - Temporary protective custody hold not to exceed 72 hours excluding Saturdays, Sundays, and court holidays. Detention - The custodial status of youth who are being confined after arrest or while awaiting the completion of judicial proceedings. Detention facilities hold youth who are awaiting trial, serving detention sentences or awaiting commitment placement (either institutional or community based). Detention Admission- Each admission to detention for temporary custody of youth are tracked under the admission category. In contrast to unduplicated counts of clients served in detention, one youth can have multiple admissions for a single incident. For example, if a youth is admitted to detention on a pretrial basis (preadjudicated) and released, a later sentencing to detention on the original charge would count as a separate admission even though it is the same youth and the same incident. Likewise, if the youth serves out the sentence on weekends, each separate weekend admission counts as separate admissions. Detention Intake - A youth who is temporarily in the physical custody of a detention facility either pending release or transport but who is not been admitted and placed in contact with the general detention population is considered an 'intake' but not an admission. Detention Sentence - The court imposed sanction of confinement to a detention facility or boot camp as a result of an adjudicatory hearing which determined that a delinquent act had been committed. Major sentence types include probation sentences, traffic sentences, handgun sentences, municipal sentences, game and fish sentences, contempt sentences, and 703H sentences (non-probation sentences for a delinquent act; see delinquent sentences). Game-Fish Sentence - Court imposed detention sentence for violation of game and fish ordinances. Juvenile Justice and Delinquency Prevention Act. JUVENILE JUSTICE AND DELINQUENCY PREVENTION SUBCHAPTER I--GENERALLY 42 U.S.C. 5601 Sec. 101. Congressional statement of findings (a) The Congress hereby finds that-- (1)juveniles accounted for almost half the arrests for serious crimes in the United States in 1974 and for less than one-third of such arrests in 1983; (2)recent trends show an upsurge in arrests of adolescents for murder, assault, and weapon use; (3) the small number of youth who commit the most serious and violent offenses are becoming more violent; (4) understaffed, overcrowded juvenile courts, prosecutorial and public defender offices, probation services, and correctional facilities and inadequately trained staff in such courts, services, and facilities are not able to provide individualized justice or effective help; (5) present juvenile courts, foster and protective care programs, and shelter facilities are inadequate to meet the needs of children, who, because of this failure to provide effective services, may become delinquents; (6) existing programs have not adequately responded to the particular problems of the increasing numbers of young people who are addicted to or who abuse alcohol and other drugs, particularly nonopiate or polydrug abusers; (7)juvenile delinquency can be reduced through programs designed to keep students in elementary and secondary schools through the prevention of unwarranted and arbitrary suspensions and expulsions; (8) States and local communities which experience directly the devastating failures of the juvenile justice system do not presently have sufficient technical expertise or adequate resources to deal comprehensively with the problems of juvenile delinquency; (9) existing Federal programs have not provided the direction, coordination, resources, and leadership required to meet the crisis of delinquency; (10) the juvenile justice system should give additional attention to the problem of juveniles who commit serious crimes, with particular attention given to the areas of sentencing, providing resources necessary for informed dispositions, and rehabilitation; (11) emphasis should be placed on preventing youth from entering the juvenile justice system to begin with; and (12) the incidence of juvenile delinquency can be reduced through public recreation programs and activities designed to provide youth with social skills, enhance self esteem, and encourage the constructive use of discretionary time. (b) Congress finds further that the high incidence of delinquency in the United States today results in enormous annual cost and immeasurable loss of human life, personal security, and wasted human resources and that juvenile delinquency constitutes a growing threat to the national welfare requiring immediate and comprehensive action by the Federal Government to reduce and prevent delinquency. 42 U.S.C. 5602 Sec. 102. Congressional declaration of purpose and policy (a) It is the purpose of this chapter-- (1) to provide for the thorough and ongoing evaluation of all federally assisted juvenile justice and delinquency prevention programs; (2) to provide technical assistance to public and private nonprofit juvenile justice and delinquency prevention programs; (3) to establish training programs for persons, including professionals, para professionals, and volunteers, who work with delinquents or potential delinquents or whose work or activities relate to juvenile delinquency programs; (4) to establish a centralized research effort on the problems of juvenile delinquency, including the dissemination of the findings of such research and all data related to juvenile delinquency; (5) to develop and encourage the implementation of national standards for the administration of juvenile justice, including recommendations for administrative, budgetary, and legislative action at the Federal, State, and local level to facilitate the adoption of such standards; (6) to assist States and local communities with resources to develop and implement programs to keep students in elementary and secondary schools and to prevent unwarranted and arbitrary suspensions and expulsions; (7) to establish a Federal assistance program to deal with the problems of runaway and homeless youth; (8) to strengthen families in which juvenile delinquency has been a problem; (9) to assist State and local governments in removing juveniles from jails and lockups for adults; (10) to assist State and local governments in improving the administration of justice and services for juveniles who enter the system; and (11) to assist States and local communities to prevent youth from entering the justice system to begin with. (b) It is therefore the further declared policy of Congress to provide the necessary resources, leadership, and coordination (1) to develop and implement effective methods of preventing and reducing juvenile delinquency, including methods with a special focus on preserving and strengthening families so that juveniles may be retained in their homes; (2) to develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization; (3) to improve the quality of juvenile justice in the United States; (4) to increase the capacity of State and local governments and public and private agencies to conduct effective juvenile justice and delinquency prevention and rehabilitation programs and to provide research, evaluation, and training services in the field of juvenile delinquency prevention; (5) to encourage parental involvement in treatment and alternative disposition programs; and (6) to provide for coordination of services between State, local, and community-based agencies and to promote interagency cooperation in providing such services. 42 U.S.C. 5603 Sec. 103. Definitions For purposes of this chapter-- (1) the term "community based" facility,program, or service means a small, open group home or other suitable place located near the juvenile's home or family and programs of community supervision and service which maintain community and consumer participation in the planning operation, and evaluation of their programs which may include, but are not limited to, medical, educational, vocational, social, and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services; (2) the term "Federal juvenile delinquency program" means any juvenile delinquency program which is conducted, directly, or indirectly, or is assisted by any Federal department or agency, including any program funded under this chapter; (3) the term "juvenile delinquency program" means any program or activity related to juvenile delinquency prevention, control, diversion, treatment, rehabilitation,planning, education, training, and research, including drug and alcohol abuse programs; the improvement of the juvenile justice system; and any program or activity to help prevent juvenile delinquency; (4)(A) the term "Bureau of Justice Assistance" means the bureau established by section 3741 of this title; (B) the term "Office of Justice Programs" means the office established by section 3711 of this title; (C) the term "National Institute of Justice" means the institute established by section 3722(a) of this title; and (D) the term "Bureau of Justice Statistics" means the bureau established by section 3732(a) of this title; (5) the term "Administrator" means the agency head designated by section 5611(b) of this title; (6) the term "law enforcement and criminal justice" means any activity pertaining to crime prevention, control, or reduction or the enforcement of the criminal law, including, but not limited to police efforts to prevent, control, or reduce crime or to apprehend criminals, activities of courts having criminal jurisdiction and related agencies (including prosecutorial and defender services), activities of corrections, probation, or parole authorities, and programs relating to the prevention, control, or reduction of juvenile delinquency or narcotic addiction; (7) the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (8) the term "unit of general local government" means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior, or, for the purpose of assistance eligibility, any agency of the District of Columbia government performing law enforcement functions in and for the District of Columbia and funds appropriated by the Congress for the activities of such agency may be used to provide the non-Federal share of the cost of programs or projects funded under this subchapter; (9) the term "combination" as applied to States or units of general local government means any grouping or joining together of such States or units for the purpose of preparing, developing, or implementing a juvenile justice and delinquency prevention plan; (10) the term "construction" means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees but not the cost of acquisition of land for buildings); (11) the term "public agency" means any State, unit of local government, combination of such States or units, or any department, agency, or instrumentality of any of the foregoing; (12) the term "secure detention facility" means any public or private residential facility which-- (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the temporary placement of any juvenile who is accused of having committed an offense, of any nonoffender, or of any other individual accused of having committed a criminal offense; (13) the term "secure correctional facility" means any public or private residential facility which-- (A) includes construction fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in such facility; and (B) is used for the placement, after adjudication and disposition, of any uvenile who has been adjudicated as having committed an offense, any nonoffender, or any other individual convicted of a criminal offense; (14) the term "serious crime" means criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, robbery, larceny or theft punishable as a felony, motor vehicle theft,burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony; (15) the term "treatment" includes but is not limited to medical, educational, special education, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public, including services designed to benefit addicts and other users by eliminating their dependence on alcohol or other addictive or nonaddictive drugs or by controlling their dependence and susceptibility to addiction or use; (16) the term "valid court order" means a court order given by a juvenile court judge to a juvenile-- (A) who was brought before the court and made subject to such order; (B) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States; (C)with respect to whom an appropriate public agency(other than a court or law enforcement agency), before the issuance of such order-- (i)reviewed the behavior of such juvenile and the circumstances under which such juvenile was brought before the court and made subject to such order; (ii) determined the reasons for the behavior that caused such juvenile to be brought before the court and made subject to such order; (iii) determined that all dispositions (including treatment), other than placement in a secure detention facility or a secure correctional facility, have been exhausted or are clearly inappropriate; and (iv) submitted to the court a written report stating the results of the review conducted under clause (i) and the determinations made under clauses (ii) and (iii); (17) the term "Council" means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in section 5616(a)(1) of this title; (18) the term "Indian Tribe" means-- (A) a federally recognized Indian tribe; or (B) an Alaskan Native organization; (19) the term "comprehensive and coordinated system of services" means a system that-- (A) ensures that services and funding for the prevention and treatment of juvenile delinquency are consistent with policy goals of preserving families and providing appropriate services in the least restrictive environment so as to simultaneously protect juveniles and maintain public safety; (B) identifies, and intervenes early for the benefit of, young children who are at risk of developing emotional or behavioral problems because of physical or mental stress or abuse, and for the benefit of their families; (C) increases interagency collaboration and family involvement in the prevention and treatment of juvenile delinquency; and (D) encourages private and public partnerships in the delivery of services for the prevention and treatment of juvenile delinquency; (20)the term "gender-specific services" means services designed to address needs unique to the gender of the individual to whom such services are provided; (21) the term "home-based alternative services" means services provided to a juvenile in the home of the juvenile as an alternative to incarcerating the juvenile, and includes home detention; (22) the term "jail or lockup for adults" means a locked facility that is used by a State, unit of local government, or any law enforcement authority to detain or confine adults-- (i) pending the filing of a charge of violating a criminal law; (ii) awaiting trial on a criminal charge; or (iii) convicted of violating a criminal law; and (23) the term "nonprofit organization" means an organization described in section 501(c)(3) of Title 26 that is exempt from taxation under section 501(a) of Title 26. . Stan arils For acilities tion F uenil e oaten Sm ali Ju ,,rra _ .....1 -^'^^1 C _ Ly^ h�t1 y Sbialia 1� vmr . ...at. ' I - die ; 1 am __ a ' ' JO 1. -� ��p A ppC I Ack (; -- tL Glossary Incident report—A written document reporting a special event such as use of force,use of chemical agents, discharge of firearms,etc.The term is often used interchangeably with the Disciplinary Report. Vt Independent audit—An audit that is completed independent of influence by the agency or organization being audited. Independent operator—A person or persons who contracts with a correctional agency or other governmental agency to operate and manage a correctional program or facility. Indigent—An individual with no funds or source of income. Industries—An activity existing in a correctional system that uses inmate labor to produce goods and/or services for sale.These goods and/or services are sold at prices calculated to recover all or a substantial portion of costs associated with their production and may include a margin of profit.Sale of the products and/or services is not limited to the institution where the industries activity is located. Information system—The concepts, personnel, and supporting technology for the collection, organization, and delivery of information for administrative use. There are two such types of information: (1) standard information,consisting of the data required for operational control, such as the daily count,payroll data in a personnel office, probation/parole success rates, referral sources, and caseload levels; and (2) demand information,consisting of information that can be generated when a report is required,such as information on the number of residents in educational and training programs,duration of residency,or the nurnber of residents eligible for discharge during a twelve-month period by offense,sentence,and month of release.(Also referred to as a management information system.) Informed consent—The agreement by a patient to a treatment, examination, or procedure after the patient receives the material facts regarding the nature,consequences,risks,and alternatives concerning the proposed treatment,examination,or procedure. Inmate—Any individual, whether in pretrial, unsentenced,or sentenced status,who is confined in a correc- tional facility. Inmate compensation—Incentives that are given for services provided.Incentives may be monetary compen- sation,special housing,extra privileges,good time credits,and other items of value. • Inspection of mail—Examination of incoming and outgoing mail for contraband,cash,checks, and money orders• Immediate re,r see from kicked arras—The capability of immediate staff response that enables the release of all offenders from a locked area to a safe area within four minutes. Immediate response—The immediate dispatch of assistance to an emergency situation ensuring arrival at the scene within four minutes. Institution industries manager—The individual designated as responsible for industries operations at a specific institution in the correctional system. Interstate compact for the supervision of probationers and parolees—An agreement entered into by eligible jurisdictions in the United States and its territories that provides the criteria for these jurisdictions to cooperate in working with probations and releases. Interstate compact on juveniles—An agreement authorizing the interstate supervision of juvenile delinquents. This can also include the cooperative institutionalization of special types of delinquent juveniles, such as psychotics and defective delinquents. Judicial review—A proceeding to reexamine the course of action or continued confinement of a juvenile in a secure detention facility.Arguments,witnesses,or evidence are not required as a part of the review.Reviews may be conducted by a judge,judicial officer, or an administrator who has been delegated the authority to release juveniles from secure detention with the approval of the judge. Juvenile—A person under the age of twenty-one, or as defined in the local jurisdiction as under the age of majority. Juvenile community residential program—A program housed in a structure without security fences and security hardware or other major restrainurg construction typically associated with correctional facilities,such as a converted apartment building or private home. They are not constructed as or intended to be detention facilities. Except for daycare programs, they provide twenty-four-how care, programs, and supervision to juveniles n n silence. The r focal is or. provi dg the juvenile with positive adult models and program Small Juvenile Detention Facilities In l Glossary activities that assist in resolving problems specific to this age group in an environment conducive to positive behavior in the community. Juvenile detention—Temporary care of juvenile offenders and juveniles alleged to be delinquent who require secure custody in a physically restricting facility. Juvenile group home—A nonsecure residential program emphasizing family-style living in a homelike atmosphere. Program goals are similar to those for large community residential programs. Although group homes usually house youths who are court-committed,they also house abused or neglected youths who are placed by social agencies.Small group homes serve from four to eight youths;large group homes serve eight to twelve.Their age ranges from ten to seventeen,with the concentration from thirteen to sixteen. Juvenile intake—The process of determining whether the interests of the public or the juvenile require the filing of a petition with the juvenile court. Generally an intake officer receives, reviews, and processes complaints,recommends detention or release,and provides services for juveniles and their families,including diversion and referral to other community agencies. Juvenile nonresidential program—ft.program that provides services to juveniles who live at home and report to the program on a daily basis. Juveniles in these programs require more attention than that provided by probation and aftercare services. Often the program operates its own education program through the local school district.The population of nonresidential programs may be as many as fifty boys and girls ranging in age from ten to eighteen.The population is usually drawn from court commitments but may include juveniles enrolled as a preventive or diversionary measure.The program may operate as part of a residential program, and it may provide space for occasional overnight stays by program participants where circumstances warrant additional as isttnce Juvenile rut, o-, a ran rues residential program providing services to youths in a rural setting.Typically, the residents participate in a structured program of education,recreation,and facility maintenance,including responsibility for the physical plant,its equipment,and livestock.Often there are twenty to sixty juveniles in the ranch setting,ranging in age from thirteen to eighteen. Library rewire—Aservice that provides reading materials for convenient use;circulation of reading materials; r ,materials, educational and recreational audiovisual materials; or a service to help provide users with tinsel combination of these services. Life Safety Code—A manual published and updated by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest.Two chapters are devoted to correctional facilities. Light,natural—Light available from a source within 20 feet of the room/cell with an opening or window that has a view to die outside. Mail tresp icaort_ nxannination of incoming and outgoing mail for contraband, cash, checks, and money, orders. Major equipment—A31 equipment that is securely and permanently fastened to the building or any equipment with current book value of$1,0113 or more. Major it fraction—A rule infraction involving a grievous loss and requiring imposition of due process procedures.Major infractions include(I)violations that may result in disciplinary detention or administrative segregation;(2)violations for which punishment may tend to increase an inmate's sentence,such as extending parole eligibility;(3)violations that may result in a forfeiture,such as loss of good-time or work time;and(4) violations that may be referred for criminal prosecution. Mandatory standards—Standards that have been determined by the American Correctional Association to directly affect the life,health,and safety of offenders and correctional personnel. Master index file—Used in an institution to keep track of the inmates who are housed in particular housing units. Measurements, square footage—A measurement of square footage in a room or area as determined by multiplying the length and width of the cell/room and subtracting from that figure the total number of square feet encumbered by bed(s),plumbing fixtures,desk(s),locker(s),and other fixed equipment 112 Small Juvenile Detention Facilities iIIME CALL: COLORADO "SB94" ARRESTING AGENCY: TIME ARRIVED:JUVENILE DETENTION SCREENING ANURAgYSSFM T GUIDE 1 Last Name: Sex Charge 1: Fel. Misd. Code: First Name,MI: DOB: Charge 2 Fel. Misd. Code: Ethnicity Hispanic Mr-Amer. NatAmer. AsianAmer. Age: Charge 3: Fel. Misd. Code: (Circle all that apply) White Other. Screening Parent(s)/ Contact Oate/Time Guardian: Information: SCREENING TREE PROCESS ONLY ASSESSMENT - INSTRUCTIONS: MANDATORY HOLD FACTORS and WARRANTS ALL ITEMS MUST BE ADDRESSED Y N 1. Current crime of violence or weapon charge(CRS 19-2-204). The SCREENING TREE is Y N 2. OYS warrant or escape from secure. used to make an la MANDATORY HOLDS placement decision based on Y N 3. Active wahant or order from a district court. IF NONE Information that is readily 1. Y N 3 available at the point of law 2. Y N enforcement referral. 3. Y N Any Y(Yes)circled on the left INDICATORS OF SERIOUS REPEAT DELINQUENCY side of•question takes you to Y N 4. Prior felony adjudications. the box below. SERIOUS DELINQUENCY Y N 5. Pending felony charge(s)(excluding present charges). The ASSESSMENT column is 4. Y N Y N 6. Currently under bond or release conditions. completed after more 5. V N Y N 7. Past FTAs,violation of court conditions,or bond. information is collected and 6. Y N wri5ed. 7. Y N Y N 8. Crimes against persons,arson,or weapons history. IF NONE Please see the Mebveion 8. Y N 9. Age 14 or younger at first arrest. Y N Manuel for more information 9. Y N 10. Associates/identifies with delinquents/gang members. Y N about using the Guile. 10.Y N MEDICAL INFORMATION RISK OF SELF HARM RISK OF SELF HARM ON MEDS Y N 11. Y N Y N 11. Suicidal or risk of self harm. 12. Y N Y N 12. Risk of victimization,prostitution history. )RUGS/ALCOHOL Y N 13. Y N Y N 13. History of running from placements. 14. Y N Y N 14. Severe substance abuse. IF NONE SICK/ HURT Y N • ROBATIONI PAROLE Y N PUBLIC SAFETY RISK PUBLIC SAFETY RISK NAME 15. Y N Y N 15. Prior history of violence. FAMILY OR COMMUNITY RESOURCES 16. Y N Y N 16. Arson or sex offense charges/history. _ Y N 19. Youth been victimized by family. 18' Y N Y N 17. History of weapon use. _ • Y N 20. Family has been victimized by youth. 18. Y N Y N 18. Threatens victims or witnesses. Y N 21. Youth is in custody of Social Services. FAMILY/RESOURCES IF NONE Y N 22. History of repeated runaways. IF NONE 19. Y N 23. No stable school or work situation. Y N 20. Y N __ _,�. . - 21. Y N N 24. Family or responsible adult can supervise. 23. Y N CAN SUPERVISE Y 25.Current arrest RESPONSIBLE ADULT is a felony charge. IF NOT 24. N Y Il..�_ Referral for assessment IlY 7 T T + 1 .1 FELONY CHARGE . LEVEL I N LEVEL 2 \ LEVEL 3 N LEVEL 4 25. Y N Secure Staff- Residential \ Home k, LEVEL 5 N Detention Secure /Shelter Detention/ a Release 4 Services N k a� k �� % i\��k, � ; REGtulRrb tiATd ENTRY ' Level by Screening Tree Cards): 1 2 3 A 5 Reason for Actual Placement Placement Code. Level by Local Policy or Judgement 1 2 3 4 5 Detention Hearing Recommendation: 1 2 3 A 5 No Heating Reason for OveMde: Override Level Ordered by Court 1 2 3 A 5 Code Actual Placement Level: 1 2 3 4 5 Court Finding: Finding > :. .. .. Cod '., x LOCAL.USE Screener Name: Recommendation By. - County Agency. Hearing Notes: Screening Notes: Juvenile Detention '_ Adult Jail Non-Secure Center Non-Offender (No offense, e.g., dependent/neglected child.) No No Yes Accused Status Offender Yes, (Runaway, drinker, curfew, truancy, up to 24 hours etc., even if there is a warrant or if excluding juvenile is on probation.) weekends and holidays. No Yes Adjudicated Status Offender (Sentenced for any of above offenses.) No No Yes Accused Delinquent Yes, for up to 6 (Act is a criminal offense.) hours in no case overnight. Yes Separated Yes Adjudicated Delinquent (Sentenced) Yes No Yes Waived to Adult Court Yes Yes Yes • Chapter 3 Defining Juvenile Detention The National Juvenile Detention • Restricted environment.The nature or degree Association (NJDA) of restrictiveness of the environment is gener- ally associated with the traditional classifica- tions of maximum,medium,or minimum There are numerous definitions of juvenile deten- security or custody. tion,but until recently, no single definition achieved priority.Without consensus on a definition,juvenile • Community protection.In addition to the detention had become all things to all segments of the factors listed above,the court has a legitimate juvenile justice system(Hammergren, 1984). On right to detain juveniles for the purpose of October 31, 1989,following 3 years of work on the preventing further serious and/or violent subject,the board of directors of NJDA unanimously delinquent behavior. • adopted the following definition of juvenile detention: • Pending legal action.This theme includes the Juvenile detention is the temporary and safe time spent awaiting a hearing,disposition,a custody of juveniles who are accused of placement,or a return to a previous placement. conduct subject to the jurisdiction of the • Helpful services.Programs are available to court who require a restricted environment detained juveniles to help resolve a host of for their own or the community's protection problems commonly facing detained juveniles. while pending legal action. Because detention has the potential of creating a tremendously negative impact on some Further,juvenile detention provides a wide juveniles, it is important that programming have range of helpful services that support the the depth of services required to meet the needs juvenile's physical,emotional,and social of a wide range of juvenile problems. development. • Clinical observation and assessment.Most Helpful services minimally include: education; juvenile codes specifically refer to this theme as visitation;communication;counseling; a purpose for detention.The controlled environ- continuous supervision; medical and health ment of juvenile detention often provides the care services; nutrition; recreation;and opportunity for intense observation and reading. assessment to enhance decisionmaking capabili- Juvenile detention includes or provides for a ties. Competent clinical services are provided system of clinical observation and assessment by properly credentialed individuals who that complements the helpful services and coordinate and conduct the observation and reports findings. assessment process. (This service may be provided by staff or through contract.) This definition was developed from the seven The NJDA definition incorporates those program essential characteristics of juvenile detention identified elements outlined in ACA standards.The collaboration by the American Correctional Association(ACA) between ACA and NJDA led to a definition statement Juvenile Detention Committee(Smith,Roush,and grounded in professional agreement. Kelley, 1990).These themes are defined as follows: • Temporary custody.Of all the methods of incarceration within the criminal justice system, Confusion of Function only juvenile detention stresses its temporary nature. Detention should be as short as possible. Juvenile detention is a paradox that is difficult to • Safe custody.This concept implies freedom define.Hughes and Reuterman(1982)explain the from fear and freedom from harm for both the paradox with exceptional clarity in their second national juvenile and the community.This definitional survey of juvenile detention.They note that juvenile theme refers to a safe and humane environment detention is a very important part of the juvenile justice with programming and staffing to ensure the system.Yet,their survey responses simultaneously physical and psychological safety of detained indicate that detention is often ignored, criticized,and juveniles. deprived of the support and assistance available to other 33 juvenile justice agencies.These findings echo the earlier absence of clearly defined standards for detention comments of Rosemary Sam(1973),who said that services permitted the use of subjective reasons for detention is both"significant and ignored." incarceration,ranging from punishment to protection (Studies Charge Detention Abuse, 1982). In an analysis A History of Confusion of detention programs,Carbone(1984)pointed to the The confusion of function has a long history in lack of a mission statement as the central problem juvenile detention.When mutually contradictory inhibiting effective detention programs.With no curricu- definitions generate ambivalence and confusion, lums or training programs required of detention adminis- detention is at the whim of the individuals or agencies trators, the day-to-day administration of detention is also that exercise control over it.Cohen (1946)maintained marked by a lack of consistency(Gallas, 1985).The that a"good"detention program cannot be established absence of uniformity in administrative practice has been if detention is viewed as a catchall. Hammergren (1984) identified by Norman(1946); more recently by warned that without clear mission and goals,detention Pappenfort and Young(1980)and Hughes and Reuterman will become all things to all segments of the juvenile (1982, 1984;Hughes,Reuterman,and McGibany, 1982; justice system. In some jurisdictions, secure detention is and Reuterman,Hughes,and Love, 1971);and currently a convenient alternative to the court for a wide range of by Parent et al. (1993). troubling youth. Schwartz,Fishman,Hatfield, Krisberg, and Eisikovitz(1986)specifically point to this problem of confusion as a culprit for the overuse of detention. What Are the Functions of In an analysis of the administration of juvenile Detention? detention,Kihm(1981)states that detention management is"the most difficult job in the juvenile justice system" Two functions (goals)make up the conflicting parts The reason for this difficulty stems from"the framework of the juvenile detention paradox. First,detention of contradictions"within which detention must operate. restrains and inhibits a youth's freedom or liberty Although Kihm lists several problems associated with through placement in a locked institution, in a physi- these contradictions,the importance of his work is its cally restricting environment, or in some other level of systematic focus on the difficulties created by the absence custody with supervision. This function is called of a clear definition of detention.The confusion suf.- preventive detention. Second,detention is also one of rounding contradictory definitions is the central problem the services associated with the juvenile court.When for juvenile detention administrators. detention services include helpful programs for the Recommendations diagnosis, remediation,or restoration of the juvenile offender, this function is called therapeutic detention. The confusion of function ranks even above the Hughes and Reuterman (1980, 1982)addressed this perennial problems of crowding, the lack of funding, issue in a national survey of detention administrators. and the lack of personnel.The National Conference Starting from the assumption that a definition of (1947)recommended the following distinct solutions to juvenile detention should incorporate both functions, an the confusion of function: ideal definition would place primary emphasis on • Detention must have a clear definition. custody(preventive detention)and secondary emphasis • There should be controls on intake in the form on programs and services (therapeutic detention).Their of guidelines or criteria. findings revealed interesting perceptions of juvenile • There should be cooperation between children's detention. One-third of the detention administrators agreed with the ideal definition. whereas approximately agencies to divert youth who do not require 37 percent indicated that custody is the single and secure detention into alternative programs. exclusive function of detention. Some detention • There should be a well-organized network for administrators exclude therapeutic detention as a transferring youth to the appropriate placement. legitimate function of detention. The intent of these solutions is to open detention to those youth who truly need secure, temporary custody. Preventive Detention Viewed as important for the future of detention over four The earliest studies of juvenile detention identified decades ago,these solutions are equally relevant today. security and a physically restricting environment as Despite these straightforward recommendations, the universal characteristics of juvenile detention (Warner, confusion of function persists.NJDA reported that the 1933).These characteristics are essential to preventive 34 • detention.The preventive function is easier to understand listed clinical observation as an important reason for because it is consistent with the meaning of the word detention. For the court to make an informed decision "detention."According to the dictionary,detention means regarding the future of the juvenile, information is "a keeping in custody or confinement."Custody means"a needed regarding the juvenile, the home environment, guarding or keeping safe;care;and protection."The and peers. Short-term detention has been used as an implication of preventive detention is that detention is a opportunity to accomplish this task (Cohen, 1946; form of custody that prevents certain things from Lenz, 1942; National Conference, 1947; Norman and happening to ensure protection or safekeeping. Norman, 1946;and Norman, 1941, 1949, 1961).The What are the goals of preventive detention?There diagnostic and observation themes are so common that are different opinions regarding how many goals are many juvenile codes include these concepts as a included in the preventive detention function.However, rationale for detention,and they have created conflict in three general goals emerge: the definition of detention goals. • Detention provides the juvenile court with a It is difficult to know exactly when the conflict reasonable assurance that the youth will be began.The confusion of function(goals) began to available and present for court hearings and appear in the detention literature more than 50 years other legal matters. (Detention prevents ago. Like many other critical issues in juvenile deten- absconding, running away,or failing to appear tion, the debate about the goals of detention was before the court.) articulated by Sherwood Norman. Our present under- • Detention is used to prevent harm from happen- standing of the"preventive detention versus therapeutic detention"controversy is the result of national surveys ing to the juvenile offender, the family,and the conducted by Drs.Toni Hughes and Nick Reuterman. community. Even though all therapeutic concepts within juvenile • Detention is used to prevent the juvenile from detention have their origins in the philosophy of the committing further offenses during the legal juvenile court, the rationale of diagnosis and observa- process (Pappenfort and Young, 1980). tion may have generated the greatest call for programs, There is little doubt that protection of the child and training, and professional or clinical staff and services. protection of the community(public safety)are universal goals expressed in the detention literature. Balanced Approach However,is preventive detention the exclusive function The goals of preventive detention and therapeutic of juvenile detention? detention are not mutually exclusive.However,the lack of consensus about juvenile justice philosophy in- Therapeutic Detention creases the tension between these two functions. Until The word"therapeutic"is sometimes misleading. NJDA established a national definition of detention,the Although preventive detention stops certain behaviors confusion of function was a major obstacle to the or actions,the nature of therapeutic detention is to definition of detention.The problem was the inability of initiate certain events.Therefore, therapeutic detention practitioners to integrate these two detention goals and could also be called"educative detention,""helpful balance them in daily practice. (Refer to the discussion detention,"or"proactive detention."This function of the balanced approach in Chapter I.)Now would examines what detention can do to help the juvenile, also be a good time to return to the NJDA definition at achieving the preventive goals of protecting the the beginning of this chapter to see how it combines the offender,family,and community and preventing the preventive and therapeutic themes. occurrence of additional offenses. Although the ultimate goal of therapeutic detention is not the complete rehabilitation of the juvenile "Place Versus Process"Argument offender,detention should be seen as the place where the process begins (Brown, 1983).The term"therapeu- With the preventive and therapeutic goals of tic" is associated with the programs and services detention established,another controversy arises regard- provided by the juvenile court. Ideally,juvenile ing the objectives of detention—specifically,how it goes detention is only one component of the range of about meeting or achieving these goals.There are two services available to the juvenile court. (See the different ways of representing the objectives of juvenile discussion of continuum of care later in this chapter.) detention.One way is more restricted and narrow in its focus,while the other is quite broad and flexible. The basis for the therapeutic detention rationale is diagnosis and observation.Tappan(1949) specifically 35 Use the game of golf as an example. If your goal is From the perspective of how a detention system is to shoot a low score and if your golf skills are as good organized,a"place versus process"controversy is as they'll ever be(meaning your ability is held at a particularly relevant. If the system defines detention as constant),there are a range of variables that will affect a place,then the physical plant becomes the focus of your score. Some of these variables include course detention services,and incarceration is the primary selection(you want to choose a course that fits your intervention strategy for the system.Although detention skills), weather conditions(wind,rain,and cold weather frequently serves as the focal point for juvenile justice make golf more difficult),club selection(you may carry interventions, incarceration is a very expensive alterna- 14 clubs,but there are more than 20 different clubs you tive. Under public pressure for increased incarceration, could choose),and mental attitude(golf is a challenging operational costs may become overwhelming.For game that requires concentration and a positive mental example,one county in New Jersey eliminated juvenile attitude).As each of these variables changes, a good detention because of the high costs of incarceration, and golfer is flexible enough to adapt to the new conditions. another county in Michigan funded a juvenile detention What would happen if someone were to control facility only through the remainder of the fiscal year. these variables so that you had to play: Detention as Place • On a very challenging golf course? References to juvenile detention as a place empha- • On a cold, wet,and windy day? size the physical structure of detention,the building, • With only a driver and a putter? and its physical characteristics, such as rated bed • In front of a gallery of your most severe and capacity, security hardware, square footage, furnishings, vocal critics? and sanitation. References to place also denote the objective characteristics of detention.Place focuses on • With your job on the line? the"what"of juvenile detention,including the develop- As the available alternatives narrow, your task ment of administrative and operational rules and becomes significantly more difficult.You must work regulations expressed in policy and procedure. Deten- significantly harder to achieve similar results, and the Lion as place is a limited definition of the methods to increased stress and pressure reduce your ability to achieve the goals of detention. perform. If given the choice,you probably would not The ACA standards movement is a crucial compo- choose this particular arrangement for golf.The"place nent of the"what" factor. However,the standards have versus process"controversy in juvenile detention is not been instructive regarding how to implement similar to this golf analogy.Juvenile detention is forced to"play the game"under very difficult conditions with successful detention.This gap has been documented by severely restricted options. the Office of Juvenile Justice and Delinquency Preven- tion(OJJDP) Study of Conditions of Confinement More than 35 years ago,the National Council on (Parent et al., 1993)that revealed a weak relationship Crime and Delinquency (NCCD)suggested that between conformance with nationally acceptable juvenile detention should be understood as a"process," standards and improved conditions of confinement. not as a"place" (Norman, 1961). Recent problems Detention as place is a passive concept. It is the regarding the overcrowding of juvenile detention facilities call attention to the definition and mission of object or outcome of juvenile court action.When the demands for greater use of detention increase,the juvenile detention.Although overcrowding is a function detention as place argument focuses on the increase in of several variables,Dunlap(1993)used the"place secure beds or the increase in capacity.The operation of versus process"controversy as the focal point for the detention facility becomes the primary focus of evaluating "successful versus unsuccessful"responses concern. Detention as place is best captured by the to overcrowding. Dunlap linked overcrowding and aphorism: "If a hammer is the only tool in your tool box, systemic failures to reduce the negative effects of soon all your problems will start to look like nails." overcrowding to jurisdictions that defined juvenile detention as a place. He claimed that systems that Detention as Process successfully addressed the increase in juvenile delin- References to"detention as process"focus on the quency without overcrowding juvenile detention were systems that viewed detention as a process.As the "how" of detention(the detention experience). Key words reflective of process are intensity of services, pressures on juvenile justice and juvenile detention quality of care,quality of staff and their relationships continue to increase,"detention as process"offers more with youth, and philosophy of detention. From an alternatives and greater flexibility. organizational perspective, process moves juvenile 36 detention beyond a single building or entity, suggesting Incarceration includes secure detention,specialized a wide range of services under the umbrella of deten- residential treatment, training schools,youth ranches, tion.Detention as process is associated with references residential placement institutions, and transfer to adult to graduated sanctions and a continuum of care. court jurisdiction. Detention as process is an active concept. Deten- Continuum of Care tion refers to the act of providing custody.This custody can be achieved through various methods to match the For years,juvenile justice practitioners have custody needs of the individual youth with the ability of complained that juvenile detention is the mainstay of juvenile detention to achieve its goals, which include the local juvenile justice system, and problems have ensuring the youth's presence at trial; providing arisen because incarceration has been used to solve all protection to the youth,community,and family;and problems facing the juvenile court(Hammergren, preventing the occurrence of additional offenses during 1984). Since 1946, the service component of the the legal process.The range of custody options avail- juvenile justice system has been defined as a con- able to the court appear to be limited only by the tinuum.Juvenile justice practitioners schooled in this creativity of those on the bench and within the juvenile train of thought welcomed the OJJDP strategy because justice system.When a wide range of custody altema- graduated sanctions were another way to define a tives exist,detention becomes a question of matching continuum of care.Those State and local jurisdictions the level of restrictiveness with the detention needs of that have exemplary programs and services for juvenile the offender.This concept is called a continuum of offenders incorporate a continuum of care during a services or continuum of care. significant portion of their intervention strategy Effective detention safeguards the health, safety, (Armbruster,Abbey,and Schwartz, 1990). and well-being of staff, residents, and the public. The Center for the Study of Youth Policy at the Practitioners understand that process issues are more University of Michigan concluded that the existence of influential in effecting safety and security within a a continuum of services provided community protec- juvenile detention setting than are policies and proce- tion and public safety in a cost-efficient manner. dures.A balanced approach includes both. Massachusetts was the pioneer in creating community- based alternatives for delinquents. Since its transition Graduated Sanctions to a community-based continuum of services,the The OJJDP strategy(Wilson and Howell, 1993) number of juvenile offenders going into the adult identified three levels of graduated sanctions: immedi- correctional system has dropped from 35 percent to ate sanctions,intermediate sanctions,and incarceration. 15 percent. Similar positive results have been experi- Immediate sanctions are nonresidential community- enced through the development of a continuum of based programs located in or near the juvenile's home community-based services in Utah (Armbruster, to maintain community participation in program Abbey, and Schwartz, 1990). planning,operation, and evaluation.First-time delin- On the local level, the best example of a continuum quent offenders and nonserious repeat offenders of services is the Jefferson County (Kentucky)Juvenile generally are targeted for this type of sanction. Ex- Services Division,an executive branch of county amples of immediate sanctions programs include government that was developed by Earl Dunlap and the juvenile court diversion,informal probation,programs Honorable Mitch McConnell to include a wide range of that use school counselors as probation officers, community-based alternatives ranging in various probation,home probation,mediation,community degrees of restrictiveness.At the preadjudicatory level. service,restitution,day treatment programs,alcohol the juvenile court judge makes the detention decision. and other drug abuse treatment(outpatient), mentoring and Juvenile Services staff conduct a risk assessment programs, and family preservation programs. and place the juvenile in the appropriate program.The Intermediate sanctions are for offenders who are decision about Where to place a youth is a function of inappropriate for immediate sanctions or who have the assessment outcome,not the juvenile court. failed to respond to an immediate sanctions program. The ability to control resident movement within the These programs include regular drug testing, weekend continuum of services resulted in a very low number of detention, intensive supervision probation,alcohol and detention days in the Jefferson County Youth Center other drug abuse treatment(inpatient),outdoor chal- (JCYC).JCYC operated below its regular rated capac- lenge programs,community-based residential programs ity, frequently operating at 50 percent capacity—a rare (group homes), electronic monitoring, boot camps(see phenomenon for a metropolitan detention center with a Taylor, 1989), and staff-secure juvenile detention. history of overcrowding (Kihm, 1981).This program 37 Sample Continuum of Care Level of Programs and Services Intervention Big Brothers/Big Sisters Afterschool Programs Afterschool Employment Low Drop-In Centers Street Outreach Workers Mentor Programs Informal Probation (No Probation Officer Assigned) Informal Probation (Supervision by Adult Friend or Relative) Informal Probation (Supervision by Allied Agency—e.g., Scouts) Alternative Education Programs Community Services (Health, Pregnancy, Crisis Intervention, etc.) Foster Home Placement Volunteer Probation Probation Restitution Attendant Care or Holdover Group Homes (Parent Model) Group Homes (Staff-Secure Diagnostic) Group Homes (Staff-Secure Treatment) Medium Family Preservation Programs Alcohol and Other Drug Treatment (Outpatient) Intensive Probation Tracking Probation Tracking Probation Plus (Staff-Secure Detention Bed Available) Home Detention Electronic Monitoring Intensive Day Treatment Alcohol and Other Drug Treatment (Inpatient) Nonsecure Detention Periodic Detention Weekend Detention (Detained Friday Through Sunday Evenings) Postdispositional Electronic Monitoring Specialized Residential Treatment Training School High Secure Detention Training School (Maximum Security Unit) Adult Detention (Jail) Adult Corrections (Prison) 38 concept is still used as a model for other local juvenile Intensive Day Treatment. Intensive day treatment justice systems. It earned Jefferson County the status of programs consist of highly structured and focused daily a National Resource Center from the ACA,and OJJDP activities for youth. Structured programs may be 8 to 15 technical assistance projects continue to include hours long and include evenings or weekends.Family references to the Jefferson County model. participation is required,and youth reside in their own Mentor Programs.Mentor or proctor advocate homes or foster homes. Program content varies but programs allow individual youth to reside in the homes often includes education, vocational development, of professional staff who serve in a surrogate parent specialized counseling(sex offense,substance abuse), capacity.Mentors advocate for youth and provide family counseling, leisure-time activities,community positive behavior modeling.The residential component projects, and wilderness experiences. Programs operate distinguishes these programs from typical mentoring at various locations, such as a detention center, a public programs, such as Big Brothers/Big Sisters. school,or a community center. Group Homes: Parent Model. House parents or Intensive Family Preservation Programs. foster parents provide services to six or fewer youth Family treatment or preservation programs, such as who attend community schools. In addition to the Washington's Home Builders and Michigan's Families traditional parent model, two variations of group homes First, require youth to reside at home,and an extensive are worth consideration. range of highly intensive services and resources are Group Homes: Staff-Secure Diagnostic.Under brought into the home to maintain and strengthen the 12 or fewer family unit.These short-term, high-impact programs 24-hour supervision by professional staff, youth reside in these homes.Youth are placed there work with families from 10 to 30 hours per week for 30 to 60 days. Family preservation caseworkers are usually while a more permanent placement is being developed. In addition to being assessed for treatment placement assigned to no more than two families at one time. needs, youth are oriented and attitudinally prepared for Intensive Probation.Intensive probation provides their treatment placement assignment. increased daily contact with youth, at least two or three Group Homes:Staff-Secure Detention. Under daily contacts. Specially trained probation officers 24-hour supervision by professionally trained staff, 12 know each youth's schedule of activities and where- or fewer youth reside in these homes.Although youth abouts at all times.Youth are required to report to their may attend community schools, education usually is probation officers in person or by telephone(normally, provided on the premises because of security risks. there is one face-to-face contact daily)and to review their schedule of the day's activities. Intensive proba- Community-based, staff-secure detention accounts lion officers often work with the families. Intensive for about half of the annual detention admissions in the probation is a popular alternative to secure detention or State of New York.Virtually every county has access to to dispositional placements.This model can also be community-based detention programs, and these used for high-risk youth on aftercare status. programs are an integral part of the detention system. Some localities use community-based detention Tracking Probation.Tracking probation is a exclusively for status offenders and other forms of variation of intensive probation. Rather than two to detention exclusively for delinquents. Because of their three daily contacts,youth assigned to tracking proba- nonsecure nature, some community-based detention tion are usually required to have four or more contacts programs mix the two populations. with the tracking probation officer(tracker), and more • than one of these contacts may be face to face.Two As evidenced in the New York experience,there are philosophies of tracking have evolved. First, because of several elements crucial to the success of a community- the intensive contact, some jurisdictions use tracking as based, staff-secure detention program.The mission of a therapeutic intervention strategy with youth and their the program must be clear.The intake screening process families. Second, increased tracking caseloads mean must be designed to admit legally eligible youth who do that most trackers have only enough time to provide not require a higher level of restrictive care because basic monitoring functions. In these instances,trackers frequent mistakes in this area will doom the program. become surveillance officers or enforcement officers Of course,communities rarely welcome nonsecure ("bird dogs"). In either case, tracking provides an residential facilities.Efforts to educate the community increased level of accountability for youth on probation. about the mission of the facility are critical. Linkages Tracking Probation Plus.Tracking probation must be made, preferably by written agreement, with plus is a variation on tracking probation that includes community agencies that provide the facility with a staff-supervised, short-term bed for youth who lose health, education, mental health, and emergency control while on regular tracking probation. The services on an ongoing or as-needed basis. 39 availability of such a bed can eliminate the need for the NIDA definition of juvenile detention.The nature of .- temporary detention or other secure placement.Youth nonsecure detention,the range of program structures, generally return to the regular tracking probation and the difference in client population dictate thought- within 1 to 3 days. ful exploration of those themes. Specialized Residential Treatment.Therapeutic At first glance,even the name Nonsecure Detention or specialized residential treatment programs address (NSD)may seem to be a contradiction in terms.Upon homogeneous populations, such as sex offenders,teen closer examination,however,it is not."Nonsecure" prostitutes,and substance abusers.These programs can refers to the characteristic absence of restrictive take the form of professional, staff-secure group homes hardware,construction, and procedures.The detention or small(up to 12 beds)or self-contained residential process remains the same,firmly grounded in the programs within larger institutions. coercive authority of the court to remand youth into "Draw Down"Programs.Behavior management detention care. It is the authority of the court(the draw down programs operate in secure detention process)that is restrictive, not necessarily the detention facilities and are a systematic way to reinforce appro- setting(the place). priate institutional behavior by providing an opportu- The statutory criteria for remand to NSD are the nity for detainees to move to a less restrictive place- same as those for remand to traditional locked facilities. ment,when appropriate.These programs require the In the ideal world, the court's determination to opt for continuum of services to be under one agency's control one level of restrictiveness over another will reflect how so that the placement of a youth in the appropriate best to serve and protect the community and the youth. alternative is an administrative function. In this manner, NSD programming is directly rooted in the philoso- youth may earn the opportunity to move from secure phy of the least restrictive alternative in the detention and detention to staff-secure detention,which results in a residential care of youth.It is consistent with the concept more appropriate level of service and a more cost- of the least intrusive intervention necessary to ensure a efficient use of resources.The"down"component is positive outcome for both youth and community.In one way; movement from greater to lesser security does general,positive outcome means safe and successful not require a due process hearing. movement of the youth through the court process,Periodic Detention.Eskridge and Newbold(1993) reunification of youth and family when appropriate and describe a variation on the home detention and weekend possible,or out-of-home residential treatment or supervi- detention strategies.Periodic detention(PD),pioneered sion as determined by the court of jurisdiction. in New Zealand,is the oldest and probably the most Intrinsic to NSD is the assumption of adult successful of the country's noncustodial alternatives.It responsibility for the developmental experience of is also one of the most popular, accounting for 35 youth remanded to care.As length of stay increases, the percent of all those on community sentences. PD began complexities of that responsibility also increase. in 1963 as a form of weekend confinement for juve- NSD attempts to fill the gulf between traditional niles. Since then,it has been extended to adults,and its locked facilities and voluntary shelter care.The residential component has been dropped in an attempt detention process represents a deprivation of liberty. to cut cost.Today,the sentence allows for a periodic Staff should have a thorough understanding of the detainee to be kept in the custody of a PD ward for up statutory basis for detention and the regulatory frame- to 9 hours on any 1 day and for up to 15 hours per week work in which it operates. for up to 12 months. In practice, the bulk of periodic Programming structure must be a direct response to detainees report to a PD work center each Saturday. the needs of the region's juvenile justice agencies and Accompanied by a PD warden,gangs of approximately the local community. 10 detainees work, unpaid,on community projects, cutting scrub,picking up trash, and cleaning govern- Youth are served by a divergent range of program ment buildings. models. In general, large facilities tend to be more restrictive,self-contained, and staff intensive. Smaller program models tend to be more flexible and commu- Nonsecure Detention nity dependent for services. The best NSD programs, regardless of size or type, Philosophy of Nonsecure Detention serve as a seamless component in a continuum of local services directed at the best interests of individual The underpinnings of juvenile detention philoso- children and families, while protecting the community. phy are embodied in the broad strokes of the themes of 40 Translating the philosophy of NSD into actual The Nonsecure Detention Foster Family generally: service to the community and individual youth is an art • Is conducted in the private residence of a as much as a science.The direct-care line worker in the family, specifically certified as a detention nonsecure detention institution as well as the foster home. detention parent providing care in his or her own home • Has a certified capacity based on the size of benefit equally and immeasurably from a clear under- the dwelling, the philosophy of the administer- standing of the underlying philosophies that will ing agency, and the ability of the family successfully help them to achieve the broad goals to provide care and supervision. It is enumerated in the definition of juvenile detention. generally not certified for more than four Each State,each locality,and each detention youth. provider will need to come to terms with its individual • Serves as a component in a network of philosophy of care, supervision, and service to youth, families,the court, and community.The direct detention services. careworker is best supported by a thorough knowledge • Is totally dependent on community services of his or her agency's working ethos. to meet the needs of youth remanded to care. • Is much less expensive to operate. Program Models • Cannot be expected to handle more disrup- The Nonsecure Detention Institutional Facility tive or aggressive youth. generally: Own-Home Detention generally: • Has a capacity of more than 12 youth. • Supervises youth who reside in their own • Services a large urban or regional population homes. base. • Allows greatest flexibility in sustaining • Tends to be more restrictive and staff continuity of positive influences and intensive. activities in a youth's life. • Tends to be a self-contained facility— • Serves as a component in a network of educational, medical,psychological,recre- detention services. ational,and other services are provided • Is totally dependent on community services within the facility. to meet the needs of youth remanded to care. • Is the most expensive program model to • Is the least expensive program model to operate. operate. • Is capable of handling the widest range of • Is designed to accommodate fairly well- problems presented by remanded youth. socialized youth with intact families and to The Nonsecure Detention Group Care Facility provide some basis for positive community generally: involvement. • Has a capacity of 12 or fewer youth. Daily Programming as a • May serve as one component of a network, Preventive Measure or may stand alone in serving a population base. A key to preventing the institutional abuse and • Tends to be more flexible and less staff maltreatment of youth in detention is to change the focus of programming.The direct careworker is a key intensive than an institutional facility. player in shifting the focus of responsibility from • Tends to access community resources for services,although it will often use a "maintenance and custody"to assumption of positive developmental responsibility for youth while they are in combination of onsite services as well as detention.As programming focus shifts toward positive community-based resources. development, it moves further from the possibility of • Is a fairly expensive program model to abusive or neglectful situations. operate. Programming structure,organization,and predict- • Is capable of handling a wide range of ability are key elements in reducing situations of problems presented by remanded youth. conflict and stress for both youth and staff. Reduction of conflict and stress reduces confrontation and the 41 potential need for subsequent physical interventions. the 1960's and early 1970's,has shifted to a current The direct careworker should be given an active role in emphasis on the use of secure detention(Schillo and designing and refining daily programming routines. Davidson, 1994).This shift in the philosophy of the Routines should facilitate smooth transitions from juvenile justice system has been attributed to the conser- activity to activity.Activities should be designed to vative agenda,which dominated national debates over enhance self-esteem and facilitate individual feelings of juvenile justice during the late 1970's and 1980's completion and success.Win-win activities generally (Krisberg and Austin, 1993).Conservatives accused the serve program goals better than win-lose activities. courts of being too lenient with dangerous juvenile offenders,questioned the practice of diverting offenders Supervision and Interaction from the juvenile justice system,and called for the use of In the absence of restrictive construction and punishment and deterrence,specifically secure detention. hardware,staff supervision and interaction are the most Furthermore,many communities failed to develop significant methods to monitor,control,and motivate and fund adequate alternative programs,as directed the behavior of youth. under the 1967 President's Commission on Law The relationship of the direct-care team and the Enforcement and Administration of Justice(Krisberg individual direct careworker to groups as well as and Austin, 1993).As a result, the juvenile justice individual youth is a powerful and dynamic tool for system is currently strained to provide services to a implementing the agency mission. Building a consistent population that is detained mostly because of property, approach for establishing discipline, limits,program drug, and assorted minor offenses. procedures,and behavioral expectations of residents Increased rates of incarceration and high rates of minimizes"testing"behavior,inequities,and subse- recidivism for juvenile offenders highlight the need to quent confrontations and interventions. reexamine the use of alternative intervention strategies. Judicious use of authority by direct-care staff is In 1995,the adolescent population again peaked as the highly respected by detained youth.The authoritative children of the baby boom generation reach their battle of wills generally escalates confrontation, puts teenage years(Krisberg and Austin, 1993),creating a staff in a"must win" position, and is counterproduc- serious strain on the resources of the juvenile justice five to program goals. It should be held in reserve as a system if the incarceration of juvenile offenders last resort. continues at the rate witnessed during the previous Supervision of youth through proactive interaction decade.The use of cost-effective alternatives to secure by a direct-care staff team unified by a commitment to detention that reduce delinquency will be critical to the positive youth development will minimize the potential functioning of the juvenile justice system. for abusive situations in NSD. This section is intended to provide the juvenile detention caregiver with an understanding of a widely used alternative to secure detention—the diversion of Alternatives to Secure Detention: . juvenile offenders.The definition of diversion will be The Case of Diversion discussed as well as an understanding of how an alternative program is started,funded,and operated; how referrals are made to an alternative program;and The Need for Alternatives to Secure how youth who might otherwise be detained might Detention for Juvenile Offenders benefit from an alternative program.Finally,the critical components of developing a diversion project as an The need for alternatives to secure detention for • alternative to secure detention are outlined.The goal of juvenile offenders within the justice system has once again this section is to provide the detention worker with an become an issue of critical concern.Between 1979 understanding of his or her role in promoting an and 1984,the number of juvenile offenders sent to adult correctional facilities rose by 48 percent,and by 1985, alternative program. two-thirds of the Nation's training schools had reported Diversion as an Alternative to conditions of chronic overcrowding(Krisberg and Austin, Secure Detention 1993).Notably.this increase in youth custody rates occurred at a time when the overall youth population was Diversion represents an alternative method for declining(U.S.Department of Justice, 1992). dealing with delinquent youth outside the formal juvenile justice system.The practice of diversion is not a new The focus on deinstitutionalization and alternative concept because the creation of the original juvenile court programming for juvenile offenders,prominent during 42 was actually an attempt to divert juvenile offenders from results when the youth learns that delinquent behavior the adult criminal system(Mennel, 1972). is rewarded(Davidson et al., 1990). Diversion programs Present-day diversion programs developed mostly based on these theories may work to strengthen the in response to the 1967 President's Commission on Law youth's ties to conventional order or to reinforce Enforcement and Administration of Justice prosocial behaviors through the use of behavioral (Gensheimer,Mayer,Gottschalk, and Davidson, 1987). contingencies and/or involvement of families,peer The Commission presented the goal of eliminating groups, and significant others within the program. ineffective practices in the juvenile justice system by Diversion programs vary greatly depending on developing dispositional alternatives to adjudication when the juvenile is diverted from the system. Diver- (Whitehead and Lab, 1990).These alternative methods sion may involve police officers releasing youth after an would divert youth from the formal system to minimize arrest with no further intervention. It may include the adverse effects of the justice system on youthful providing youth with information about appropriate offenders and to provide effective services that would community resources for dealing with problems. help the youth avoid future trouble. Diversion may also include programs designed to Diversion Defined.Diversion has been broadly provide service brokerage or referral to a community defined as"the formal channeling of youths away from agency for assistance.Finally,diversion may include further penetration into the juvenile justice system to an alternative,community-based programs designed to alternative nonjudicial means of handling the juvenile" provide diverted offenders with direct services. (Gensheimer et al., 1987,p.41). However, there is a Michigan State University Adolescent great deal of variance in the use of diversionary practices within the juvenile justice system.The Diversion Project practice of diversion differs greatly according to the An excellent example of a diversion program is the point at which the juvenile is diverted from the system Michigan State University Adolescent Diversion Project (Whitehead and Lab, 1990). At the initial level of (ADP)conducted in conjunction with the Ingham contact with the juvenile justice system,juveniles can County Juvenile Court(Schillo and Davidson, 1994). be directly diverted by law enforcement officers either The model serves as a viable altemative for the county before an arrest or after an arrest,but this must occur juvenile and/or family court.The project continues to before any further system involvement.Diversion can receive strong support from officials responsible for the also take place during intake or after adjudication, but it allocation of county funds that support ADP.In a time must occur before disposition. of shrinking local budgets and increasing costs for Diversion and Delinquency Theory.Diversionary incarceration,ADP is considered an effective and cost- practices also differ according to their theoretical basis efficient alternative for handling juvenile offenders. concerning the causes of juvenile delinquency.The use Recently,county officials have encouraged project staff of secure detention is most often based on deterrence to consider expanding services by 25 percent—a pro- notions of behavior(Davidson et al., 1990). By con- posal that is currently under discussion. trast, many diversion interventions are based on social ADP remains flexible and responsive to changes labeling theory(Davidson et al., 1990). Proponents of that have an impact on adolescents and the juvenile this theory argue that the negative effects of labeling justice system. In response to a request on behalf of juvenile offenders as"deviant"produce continued probate court,ADP and court staff are currently criminal behavior. working together to examine the possibility of introduc- Diversion programs are also frequently based on an ing elements of community service into the project. environmental differences model,which argues that the Furthermore,ADP staff are constantly engaged in source of delinquency is found in the environment rather updating training materials and procedures to address than the youth(Davidson et al., 1990).Diversion the changing needs of the youth served by the project. programs based on this theoretical assumption attempt to Developing a Diversion Program as an alter the environment or, more specifically,the opportu- nity structure for youthful offenders through the use of Alternative to Secure Detention skills training,education,and vocational programs. Several critical components in the process of Finally, other diversion interventions are based on developing and operating an effective diversion theories of social control, which suggest that a variety program have been identified throughout the history of of conditions weaken a youth's ties to conventional ADP The primary component is convincing the public order and lead to criminal behavior,or theories of social that the people who run the project know and under- learning, which argue that juvenile criminal activity stand the problems of delinquent youth(Ku and Blew, 43 1977). Briefing judicial officials about the purpose, Regardless of where the program is located,a nature, and operations of the project as well as the source of funding for the project will need to be potential impact that this program may have on juvenile secured.Various levels of government(city,county,and court operations or caseloads is critical in avoiding State)and private sources(foundations)represent future misunderstandings.This process of establishing possible sources of funding for alternative programs. In credibility and selling the project may need to occur at localities with access to university or college resources, multiple levels,from law enforcement officers and court the potential exists to establish collaborative agreements staff to prosecutors and judges. with these institutions for the development and opera- Another critical element in this process involves tion of an alternative program. In the case of ADP, working directly with those who will be responsible for Michigan State University provides the resources diverting youth(Ku and Blew, 1977).To convince (office space, staff,and a pool of volunteers)that allow officials to divert offenders, it is necessary to meet with ADP to operate at a fraction of the cost of a court-run these officials and assure them that the program will be program.It should be noted, however, that using college able to handle potentially delinquent juveniles and students is not essential to the operation of a project those with records of serious delinquency.Those such as ADP because this project has been successfully responsible for diverting youth must understand how replicated with contractual staff(Davidson and diversion operates.To have a significant impact on the Johnson, 1987). justice system,they should not divert youth who would Summary be informally diverted anyway(warned and released).It is also important to provide referral officials with timely In summary,the basic elements for replication of feedback about the performance of the youth who have an alternative diversion program such as ADP inelude been diverted. a community that recognizes a need for juvenile The other half of the process of establishing an intervention services,cooperation from law enforce- alternative program involves identifying available ment and juvenile officials,and accessible resources resources for the operation of the project.The initial and interested individuals (Ku and Blew, 1977). decision is deciding whether to locate the program Diversion programs offer a viable alternative to the within or outside the formal justice system.Although it use of secure detention and offer flexibility for an -- may be logical to locate some types of diversion overburdened juvenile justice system.This chapter has programs within the justice system(e.g.,the diversion been designed to assist detention workers in develop- of juveniles by police officers), the objectives of other ing a clear understanding of the operation of an effective diversion program and an understanding of programs may be compromised by such actions. Research reveals that volunteers who work under the their role in using and promoting effective alternatives supervision of the formal justice system are limited in to the use of secure detention. their abilities to effectively address the needs of their youth (Blakely, 1981). 44 Tuesday ' • January 17, 1984 wa • Osnw Part II a Department of _ _ Justice 3 Office of Juvenile and Delinquency Prevention . Position Statement on Minimum =a Requirements of Section 223(a)(14) of _ 3 the JJDP Act, as Amended; Notice 3 • 3 = 3 sa a _ a = = = • •2052! , Federal Register / Vol. 4th No. 11 / Tuesday. January 17. 1984 / Notices - - DEPARTMENT OF JUSTICE criminal offenders sentenced for less adult residents In the respective than one year. fadlities..: , • . Office of Juvenile Justice and Adult Lockup.Similar to an adult jail B.Total separationin all juvenile and D' "-mercy Prevention . except that an adult lockup is generally adult program activities within the" , a municipal or police facility of a facilities,including recreation. In Statement on Minimum temporary nature which does not hold education,counseling.health care. A.ti..nmenta of Section 223(a)(14)of persons after they have been formally dining,sleeping. and general living the JJDP Act,as Amended charged. activities. ;.. AGENCY:Office of juvenile justice and States and localities have toldOj1DP C.Separate juvenile and adult staff. Delinquency Prevention. that the application of the definition of including management.security staff. . an adult jail and lockup has presented and direct care staff such as ecrtor:Notice of issuance of position difficulty where a separate juvenile recreational.educational,and stateme nt on the minimum requirements detention facility and an adult jail or counseling.Specialized services staff. • of the jail removal mandate of Section lockup share a common building or are such as cooks.bookkeepers.and _eling14)of the juvenile justice and on common grounds.To assist in medical professionals who are not Delinquency Prevention (I(OP) Act. as resolving this issue an OjjDP position normally In contact with detainees • Dor amended. statement is being provided. whose infrequent contacts occur under SUMMARY:The Office of juvenile justice In determining whether removal. coidi i can serve tof separation of juveniles and and Delinquency (OJJDP) is issuing a pursuant to the statute.has been osition statement on the minimum accomplished when the juvenile and D.In states that have established requirements of Section 223(ai(14) of the adult facilities are in a common building state standards or licensing . jjDP Act.The position statement or on common grounds.O0DP will.upon requirements for secure juvenile addresses the jail removal requirements request by the State.assess whether the detention facilities. the juvenile facility when a juvenile facility and an adult jail juvenile and adult facilities are separate: meets the standards and is licensed as or lockup is in the same building or on i.e., that there are separate structural appropriate. the same grounds. areas. staffs. administrations.and Mr Discussion programs. In determining whether ornot a Set forth below are requirements The four mandatory requirements facility in which juveniles are detained which will be used to determine must be fully met to ensure juveniles are ur der th confined is iant adult jail or lockup under the re?viremdnts of Section acceptability the event both juveniles not placed in. or subjected to, the same P Y in us sepa aten ssOOP will assess t the and ture.s are detained in one physical environment as adult meeting the minimum orequiremen s of separateness of the two facilities by re structure.reAquirements are and while these22 (a)( determining whether four requirements requirements are mandatory. it is notgd Section 223(3)(14) of the JJDP Act. as contained in the position statement are that special and unique conditions may amended. In determining whether the allow deviations from the statute.Such criteria are met. the following list of conditions will be addressed on a case- factors is provided and will be used by .MENTd.RY INFORMATION: by-case basis. OPPDP.Although the list is not Posexhaustive. it does enumerate Requirements ts Statement: Minimum Following the statement of conditions which enhance the Del nquency for Prevention juvenile justice "\discussion TORY t s IREMEe1'CS" is a separateness of juvenile and adult Delinquency movl Act.Section en of to the which and facilities when they are located ir. the '�3(a){74) (jail Removal) wrecommended to the states and which same building or teethe same grounds. will t be used e by Opf P in determining n . A. juvenile staff are employee full- !. Hdckgrcend whether the critena have been met. In time by a juvenile service agency or the Section Delinquency of the Prevention i addition. , policies and available many juvenile court with responsiniiite only justice and De requires Act sjuvenile detention, t and co ill helpns of or the conduct .e the youth-serving of :9 amended.thap . as juvenile meet which will help operations. juvenile staff are spec:el!c a condition s for the receiptthat..of. . . n jurisdictions rtmmeat the norm of good trained in the handing of juveniles and want funds. ere that. . . .e and m e meet aequir ment stsndaate. .the special prvelems associated with ;uveoile shall be detained or confined in and meet legal requirements associated , this grod any jail or lockup for adults.. . :' with detaining juveniles.ThisB. separate juvenile opera:hors p. States have until December. 1985 to information is available from OjjDP. manual. warith to written iiepr rai its or achieve rrrtpiiance with this statutory li\klandatoryRequirements staff and agency reference. specifies the arrovision.Section eillej of llows two additional years,the f Act In determining whether or not a furs:ion and cperaaon of the juven:!e substantial compliance is achieved by facility in which juveniles are detained program. f There is minimal sharing between December. 1985. or confined is an adult jail or lockup The definitions of an adui: jail and an under the requirements of Section the facilities of public lobbies or office/ idult lockup. as contained in 28 CFR 223(a1(14). in circumstances where the support space for staff. ?art 31. Subpart 31.304 (ml and (n). juvenile-and adult facilities are located D. juveniles do not share direct dated December 31. f . are: in rcunds. each oilding or on the of the foiiowine fours service offenders within the facilities r access space including ith adult Adult tlait red locked facility. 8 administered by State. county. or local criteria must be met in order to ensure entrance to and exit from the facilities. law enforcement and correctional the requisite separateness of the two All juvenile facility acessei take.booking in sand agencies. the purpose of which is to ' facilities: admission detain adults charged with violating "X- A.Total separation between juvenile separate area and are under the cr—anal law. pending trial. Also and adult facility spatial areas such that direction of juvenile facility safwai Secure !tired as adult jails are those there could be no haphazard or iuvenile entrances (sally ports. es used :o hold conticted adult accidental contact between juvenile and areas) are independent:c controlled by • Federal Register / Vol. 49. No. 11 / Tuesday. January 17, 1984 / Notices'flvenile staff and separated from adult Certification of an area to hold juveniles detention facility exists where there is a -antes.Public entrances.lobbies and within an adult jail or lockup(as common building or common grounds ring areas for the juvenile detention provided by some State codes)may not situation with a facility that is an adult program are also controlled by juvenile conform to this.Basically.the State does jail or lockup.A de minim?:allowance staff and separated from similar adult not license the facility in which will be made for the occasions when • areas.Adult and juvenile residents da juveniles are held as a jail or lockup. juveniles are detained for a length of ., not make use of common passageways These and other conditions would time and under conditions not in between intake areas.residential serve to enhance the separateness of conformance with the Act OJJDP will spaces.and program/service spaces. juvenile and adult facilities located in provide assistance and advice to States S The space available for juvenile the same building or on the same in the application of the criteria and living.sleeping and the conduct of grounds.thus ameliorating the relevant factors to any specific situation. juvenile programs conforms to the destructive nature of juvenile jailing TON FURTHER INPONMATION CONTACT requirements far secure juvenile cited by Congress as the foundation for Doyle Wood.Office of juvenile justice detention specified by prevailing case •the 1980 amendment requiring removal and Delinquency Prevention.933 law,prevailing professional standards of juveniles from adult jails and lockups. Indiana Ave..NW..Washington.D.C. of care.and by State code. In most cases. the States should have 20531.(202)724-4491. F.The facility is formally recognized little difficulty in applying these four Alfred S.Roguery. as a juvenile detention center by the requirements and related factors to Administrator.Office of Juvenile Justice and State agency responsible for monitoring. determine if sufficient separation exists Delinquency Prevention. review. and/or certification of juvenile to justify OJJDP concurring with a state (FR Dec 54-1143 net 1-16.4t s43'-I detention facilities under State law. finding that a separate juvenile uusa eooa 45re-N-tl Wednesday November 2, 1988 ap—ik PartV _= = Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention 28 CFR Part 31 Policy Guidance for Nonsecure Custody - - of Juveniles in Adult Jails and Lockups; Notice of Final Policy 44366 Federal Register / Vol. 53, No. 212 / Wednesday, November 2, 1988 / Rules and Regulations • DEPARTMENT OF JUSTICE - operations or to leave a police, sheriff or that no area is available within the municipal facility without authorization. building or on the grounds that qualifies Office of Justice Programs Section 31.304(m)of the OJJDP as a separate juvenile detention facility Formula Grants Regulation published in under the requirements set forth in the Office of Juvenile Justice and Delinquency Prevention the June 20. 1985,Federal Register on Formula Grants Regulation at 28 CFR pages 25550-25561 (28 CFR Part 312, 31.303(e)(3)(i).This policy provides 28 CFR Part 31 defines an adult jail as: guidance in identifying practices that do A locked facility,administered by state, not constitute violations of the statutory Policy Guidance for Nonsecure county.or local law enforcement and jail removal requirement.As such.it Custody of Juveniles In Adult Jails and correctional agencies.the purpose of which is reflects the effective strategies many Lockups to detain adults charged with violating law enforcement jurisdictions are using criminal law,pending trial.Also considered to achieve jail removal.The policy is not AGENCY:Office of Justice Programs, as adult jails are those facilities used to hold offered as standards for practice,nor Office of Juvenile Justice and convicted adult criminal offenders sentenced does it surpersede any state laws, Delinquency Prevention,Justice. for tees than one year. policies or guidelines. ACTION:Notice of final policy. Section 31.304(n)of the Formula II.Discussion of Comments Grants Regulation defines an adult SUMMARY•.The Office of Juvenile Justice lockup as: A proposed policy was published was and Delinquency Prevention(OJJDP), Similar to an adult jail except that an adult published in the Federal Register on pursuant to the Juvenile Justice and lockup is generally a municipal or police January 28,1988,for public comment. Delinquency Prevention Act of 1974, as facility of a temporary nature which does not Comments were received from 12 amended, (JJDP Act)is publishing a hold persona after they have been formally national, state,and local organizations. policy to provide guidance to states charged. All comments have been considered by participating in the JJDP Act Formula the OJJDP in the issuance of a final Grants Program for determining when a While these definitions provide juvenile held within a building that general parameters, the efforts of state policy. agency staff to monitor compliance with The following is a summary of the houses an adult jail or lockup facility is the JJDP Act jail and lockup removal comments and the response by OJJDP: considered to be in nonsecure custody requirement and to identify alternatives 1.Comment:Booking areas used to monitor ing purposes of state monitoring for indicate a need for specific guidelines to process juveniles and adults are compliance with section 223(a)(14) of the identify when a juvenile is being different to classify because there are JJDP Act. wide variations in their configurations EFFECTIVE DATE:This policy is effective securely detained or confined in an and levels of security.Respondents adult te jail or lockup area.In to making his November 2,1988. determination.it is critical distinguish indicated that it is unclear whether FOR FURTHER INFORMATION CONTACT. between nonsecure custody and secure OJJDP considers booking areas to be Emily C.Martin.Director,State detention or confinement(for purposes secure or nonsecure. Relations and Assistance Division, of this policy, the terms secure detention Response:While a booking area may Office of Juvenile Justice and or confinement,secure cutsody, and be secure. a juvenile being processed Delinquency Prevention(OJJDP),833 secure holding are synonymous).A "through" this area is not considered to Indiana Avenue,NW..Room 788, juvenile may be in law enforcement be in a secure detention status. Washington.DC 20531: telephone (202) custody and,therefore,not free to leave Where a secure booking area is all 724-5921. or depart from the presence of a law that is available, and continuous visual [.Introduction and Background enforcement officer or at liberty to leave supervision is provided throughout the the premises of a law enforcement booking process, and the juvenile only In an effort to comply with the jail facility,but not be in a secure detention remains in the booking area long enough lockup removal mandate.section or confinement status. to be photographed and fingerprinted 223(a)(14) (42 U.S.C.5833(a)(14))of the A secure detention or confinement (consistent with state law and/or JJDP Act, staff of state administering status has occurred within a jail or judicial rules), the juvenile will not be agencies and facility administrators are lockup facility when a juvenile is considered in a secure detention status. often called upon to identify alternatives physically detained or confined in■ Continued nonsecure custody for the to holding juveniles in jail cells or locked room,set of rooms, or a cell that purposes of interrogation,contacting lockups while law enforcement officers is designated set aside or used for the parents.or arranging an alternative carry out their responsibilities of specific purpose of securely detaining placement must occur outside the identification. Investigation,processing, persons who are in law enforcement booking area. release to parent(s)or guardian.hold for custody.Secure detention or 2.Comment:Two respondents transfer to an appropriate juvenile confinement may result either from indicated that a prohibition on detention or shelter facility,or transfer being placed in such a room or handcuffing juveniles to a cuffing rail or to court. the OJJDP recognizes that enclosure and/or from being physically other stationary objects is not a viable during this interim period,a balance secured to a cuffing rail or other restriction given safety and cost must be struck between the statutory stationary object. considerations. objective of not holding juveniles in jail This policy is designed to assist state Response:OJJDP understands that cells or lockup areas beyond the six agency staff and facility administrators many juveniles taken into custody pose hour temporary holding period permitted in identifying non-secure alternatives for a potential risk to self and/or law for accused criminal-type offenders(a custody of juveniles within law enforcement officers.Clearly, the officer juvenile alleged to have committed,or enforcement facilities.The policy taking a juvenile into custody must rely charged with an offense that would be a assumes that immediate access or on his or her judgement of the level of crime if committed by an adult): and, not transfer of a juvenile to a juvenile risk posed by the juvenile. . allowing juveniles in temporary law detention center or appropriate It is.however. OJJDP s responsibility enfforce:n,nt custody to disrupt police nonsecure facility is not possible, and to clearly define when a juvenile tdken • Federal Register / Vol. 53, No. 212 / Wednesday, November 2, 1968 / Rules and Regulations 44367 into custody enters a secure detention As for recording juveniles placed in a Execrative Order 12211 status.!Nhere an officer determines that holding cell or other secure area.many This notice does not constitute a a juvenile taken into custody as an police departments handle this by "major"rule as defined Executive accused criminal-type offender must be adding the designation"cell" or Order 12231 because it does not result handcuffed to a cuffing rail or other "secure" to their juvenile admission/ in: (a)An effect on the economy of$100 stationary object, or placed in a cell or booking log.Departments should be million or more,(b)a major increase in lockup area• this is permissible under particularly willing to do this when any costs or prices,or(c)adverse 4 31.303(f)(5)(iv)(H)of the OJJDP liability factors are taken into Formula Grants Regulation(28 CFR 31), consideration,i.e.•in the event of effects on competition, employment, for up to six hours. It should be noted, litigation,departments need to know if a investment,productivity,or innovation however, that for monitoring purposes, juvenile was or was not placed in a among American enterprises. the six hour, "grace period"begins to secure area or in a secure detention Regulatory Flexibility Act run when the juvenile enters a secure status,and if so, for how long. This policy does not have a detention status and ends six hours 5. Comment:Three respondents "significant"economic impact on a later. suggested that the policy does not substantial number of small"entities", It is also important to point out that address the separation provision, as defined by the Regulatory Flexibility handcuffing techniques that do not section 223(a)(13)13 of the (Pub.L.98.354). involve cuffing rails or other stationary ( )( ) ]JDP Act. Act objects will be considered nonsecure Response:The policy is designed to Paperwork Reduction Act custody where the additional criteria for identify nonsecure alternatives for the No collection of information nonsecure custody set forth in this custody and handling of juveniles within requirements are contained in or policy are adhered to.Thus,juvenile law enforcement facilities.The section effected by this guideline (See the offenders can be considered in 223(a)(13)separation requirement of the Paperwork Reduction Act, 44 U.S.C. nonsecure custody.even though JJDP Act does not apply to juveniles in a 3504(h)). handuffed. where necessary, so long as nonsecure custody status. List of Subjects in 28 CFR Part 31 a stationary object is not in use. B. Comment:One respondent Grant programs—law,Juvenile 3. Comment:Two respondents indicated that court holding facilities uenc Jelin Reporting and expressed concern that without a time should be subject to the delinquency, p limit on nonsecure custody, juveniles Deinstitutionafuation of Status recordkeeping requirement. could end up spending more time in law Offenders provision. section III. Policy: Criteria for Law Enforcement enforcement facilities than at present.It 223(a)(12)(A)of the JJDP Act.Another Facilities was recommended that nonsecure suggested adding requirements for staff The following policy criteria,if custody be limited to six hours. - supervision and time limits for court satisfied, will constitute nonsecure Response:One criterion in the policy holding facilities. custody of a juvenile in a building that for determining that custody is Response:Section 223(a)(12)(A)of the houses an adult jail or lockup facility: nonsecure is that the area where the JJDP Act requires the removal of status (1)The area(s)where the juvenile is juvenile remains not be designed or and nonoffenders from secure detention held is an unlocked multi-purpose area. intended for use as a residential area. and correctional facilities.Section 103 of such as a lobby,office, or interrogation This reflects OJJDP's policy that if a the Act defines both facility categories room which is not designated. set aside juvenile is to remain in custody long to mean"residential"facilities. or used as a secure detention area or is enough to require residential services, This policy clearly states that in order not a part of such an area. or.if a secure the juvenile should be moved to an for a court holding facility to be exempt area, is used only for processing apppropriate juvenile residential facility from the adult jail and lockup removal purposes; (2)The juvenile is not as soon as this need is identified.Once provision of the an area of a jail or lockup facility begins the Act,it must a be other stationarycally secured objectto a dcuringng railer to be used for residential purposes, the nonresidential.The policy also states other custody during the period juvenile will be considered to be in a that the court holding facility cannot be of custody in the facility;(3) the use of secure detention status. used for punitive purposes or other the area(s) is limited to providing Beyond this "nonresidential" purposes unrelated to a court nonsecure custody only long enough and requirement,and the other limiting appearance,and it confirms that the for the purposes of identification• criteria in this policy,the JJDP Act does section 223(a)(13)separation investigation.processing.release to requirement ng transfer to an not confer upon the OJJDP the authority facilities. ac lities applies .These requirements pertain to appropriates uveniile facility or to court; to limit the length of nonsecure custody. status and nonoffenders, as well as to [4)in no event can the area be designed 4. Comment:One respondent stated g criminal-type offenders. or intended to be used for residential that recordkeeping deficiencies at the facility level often make it difficult to As for time limitations, the purposes; and (5) the juvenile must be determine when juveniles are placed in nonresidential requirement does impose under continuous visual supervision by cells or other secure holding areas,and an inherent or practical time limitation. a law enforcement officer or facility that this problem will also exist in That is, the juvenile must be brought to staff during the period of time that he or attempting to monitor the handcuffing of and removed from the facility during the she is in nonsecure custody. juveniles to cuffing rails or other same judicial day. IV.Policy:Criteria for Court Holding stationary objects. The final policy does not address the Facilities R"spouse:Each participating state is level of supervision necessary in court A court holding facility is a secure required. pursuant to section 223(a)(15) holding facilities.However, it is clearly facility. othc,than an adult jail or of the HOP Act, to have an adequate essential that sufficient levels of lockup, that is used to temporarily monitoring system.It is expected that supervision be provided to ensure the detain persons immediately before or states will work with local facilities to safety of those juveniles before the after detention hearings. or other court develop adequate recordkeeping court.and the integrity of the court proceedings. Court holding facilities, procedures. process itself. where they do not detail individuals 443&8 Federal Register / Vol. 53, No. 212 / Wednesday, November 2, 1888 / Rules and Regulations overnight (i.e., are not residential) and are not used for punitive purposes or other purposes unrelated to a court appearance, are not considered adult jails or lockups for purposes of section 223(a)(14)of the JJDP Act.However, such facilities remain subject to the section 223(a)(13)(42 U.S.C.5833(a)(13)) separation requirement of the Act. Verne L.Spain, Administrator,Office°JJuvenile Justice and Delinquency Prevention. (FR Doc.88-25378 Filed 11-1-88;8:45 am) a1WNa CODE 4410-ta-M • Page 1 Rank 1 of 1 Database DI Incarceration Imprisonment; confinement in a jail or penitentiary. See Imprisonment . END OF DOCUMENT Copr. o West 2001 No Claim to Orig. U. S . Govt . Works Page 1 Rank 1 of 3 Database DI Imprisonment . The detention of a person contrary to his will . The act of putting or confining a person in prison. The restraint of a person' s personal liberty; coercion exercised upon a person to prevent the free exercise of his powers of locomotion. It is not a necessary part of the definition that the confinement should be in a place usually appropriated to that purpose; it may be in a locality used only for the specific occasion; or it may take place without the actual application of any physical agencies of restraint (such as locks or bars) , as by verbal compulsion and the display of available force . Every confinement of the person is an "imprisonment, " whether it be in a prison, or in a private house, or even by forcibly detaining one in the public streets . Any unlawful exercise or show of force by which person is compelled to remain where he does not wish to be. McKendree v. Christy, 29 Ill .App . 2d 866, 172 N.E. 2d 380 , 381 . See also Solitary confinement . False imprisonment . The unlawful arrest or detention of a person without warrant, or by an illegal warrant, or a warrant illegally executed, and either in a prison or a place used temporarily for that purpose, or by force and constraint without confinement . False imprisonment consists in the unlawful detention of the person of another, for any length of time, whereby he is deprived of his personal liberty. Dupler v. Seubert, 69 Wis . 2d 626, 230 N.W. 2d 626 , 631 . The unlawful detention of the occupant of an automobile may be accomplished by driving so rapidly that he cannot alight . A person commits a misdemeanor if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. Model Penal Code, s 212 . 3 . The tort of "false imprisonment" is the nonconsensual , intentional confinement of a person, without lawful privilege, for an appreciable length of time, however short . City of Newport Beach v. Sasse, 9 Cal .App. 3d 803 , 88 Cal .Rptr. 476, 480 . Restatement, Second, Torts s 35 . See also False arrest; False imprisonment . END OF DOCUMENT Copr. ® West 2001 No Claim to Orig. U. S . Govt . Works ^ Veld County Planning Dept. &)O MIDWAY YOUTH SERVICES Rip C ;s Al V f' 913 I Ith Ave. 633 Remington St 1516 Remington St. Greeley,CO.80631 Ft.Collins,CO.80524 Ft.Collins,CO.80524 (970)352-2852 (970)484-8427 (970)484-7447 (970)352-4428(fax) (970)482-8713(fax) (970)484-7471 (fax) February 21, 2001 Ms. Monica Mika—Director Weld County Planning and Building Inspection 1555 North 17th Ave. Greeley, CO 80631 Dear Monica, We are requesting a waiver to start remodeling at 1819 Birch in Greeley. We currently have submitted a site plan review, although final approval has not been given. It is our intent to open a residential treatment facility for adolescents with mental health needs and expand the capacity of our current program, Midway Shelter. On a project like this, it is critical that the many pieces fall into place in a timely manner, and bringing the facility up to State of Colorado Department of Human Services requirements in time for the March licensing visit is critical. Thank you for your time in considering our request. We are currently working with Kim Ogle at Planning and Zoning in processing our site plan review. We did experience a problem with parking, however we are negotiating to purchase the vacant lot across the street from the facility to solve this piece. We have applied for a building permit and have submitted our remodel plans to the inspector. If you have any questions, please do not hesitate to contact me. S' erel , / J.Moran—Ex utive Midvbay Youth Se ices (970) 352-2852—office (970) 352-4428 - fax MIDWAY YOUTH SERVICES, INC. 1116 9th Street P.O. Box 160 Greeley, Colorado 80632 (970) 352-2852 Addendum to Site Plan Review Application e will attempt in this addendum to address the issues raised in the memorandum from Kim Ogle of Weld County Planning and Zoning dated August 23, 2001 with reference to the planned sage regarding the planned residential/treatment facility. We will also address the issues egarding the maximum number of clients on site, the number of staff/ employees present during he busiest shift and the square footage of office space at the proposed facility. 1). As is mentioned in the official modified site plan review, Midway Youth Services Tans to operate a 42 bed residential treatment facility at the 1819 Birch Avenue site. This facility as formerly used as a 66 bed facility for developmentally disabled adults. (The New Life Center). The purpose of the program is to provide residential rehabilitation services for adolescents (ages 10 - 18) with mental health and emotional problems. The average length of stay for these youth will be in the six (6) to twelve (12) month range. The facility will operate ith an around the clock awake staff in compliance with all rules and regulations governing such a facility through the Colorado State Department of Human Services. During daytime and evening hours, the staff to resident ratio will be not less than 1:4 and the overnight ratio not less han 1:8. Services offered to this population will include individual and family therapy, on-grounds educational programming in compliance with Colorado Department of Education requirements, oth on-site and off site recreational services, family visitation, and educational and therapeutic groups. The goal for most of the residents will be successful reintegration into their families of rigin and the community at large. herapeutic services are delivered on a two tiered approach, with the therapeutic milieu of the ositive peer culture system of behavior management on one hand, and the clinical services rovided by licensed therapists and our consulting psychiatrist on the other. 11 staff will receive extensive training in managing this population, again in compliance with Colorado State Department of Human Services requirements specific to staff development and aining. 2) Regarding the number of staff/employees present during the busiest of shifts. ncluding visitors/ family etc. in addition to staff, it is anticipated that the maximum number of obit/A//7 --- MIDWAY YOUTH SERVICES 913 11th Ave. 633 Remington St 1516 Remington St. Greeley,CO.80631 Ft.Collins,CO.80524 Ft.Collins,CO.80524 (970)352-2852 (970)484-8427 (970)484-7447 (970)352-4428(fax) (970)482-8713(fax) (970)484-7471 (fax) Application Requirements #1: Site Plan review application form attached. #2: Site plan review certification form attached. #3: Copy of lease agreement attached. #4: not applicable #5: not applicable #6: Midway Youth Services proposes to use the facility located at 1819 Birch Ave, (formerly the New Life Center) to operate a residential treatment facility for adolescents between the ages of 10 and 18. Midway Youth Services currently operates two residential facilities, Midway Shelter located at 913 11th Ave. in Greeley; and Remington House, located at 1516 Remington Street in Fort Collins. Midway Shelter is currently licensed for 16 youth and Remington House is licensed for 20 youth. Both facilities are co-ed. We are proposing to utilize the existing facility at 1819 Birch St. (formerly New Life Center) to house up to 42 youth between the ages of 10 and 18 for the purpose of providing residential treatment and rehabilitation services to this population. Midway Youth Services will employ four full time therapists at full capacity to provide therapy and treatment services to these adolescents and their families. Initially, we had proposed to move our shelter facility, Midway Shelter, to the proposed site, however after experiencing resistance from the Weld County Sheriffs Department and possible conflict with section 15-5 of the Weld County Home Rule Charter defining Correctional or Detention Facilities, we have at this time made the executive decision to keep that facility at it's present location. The proposed facility will be utilized strictly for the purpose of providing mental health rehabilitation services for adolescents referred by the Department of Human Services, the Division of Youth Corrections, and private referrals. All of our existing facilities are staffed by twenty-four hour a day awake staff, three hundred and sixty five days a year. During non-sleep hours, our youth to staff ratio is 4 to 1 at a minimum. The overnight youth to staff ratio is 8 to 1 at a minimum. • adults present at any one time would be fifteen(15). We have made arrangements to purchase the property directly to the east of the proposed facility(1000 E. 18th St. Greeley, CO. ) contingent on Zoning approval for the operation of the facility. This agreement was reached on 08/30/2001. 3) The square footage of office space in the proposed facility is approximately 980 sq. ft. 4) The revised site plan review application is attached. (Modifications are in italics) In addition, a new map including the parking area is being submitted with this document. The proposed program will have a regular full time staff of 25 workers. In addition, we will employ four full time teachers for our educational program. Youth are in school year round between the hours of 8:30 am to 2:30 pm. Youth will also be taken off grounds for both recreational and educational activities. #7, 8: attached letter from Water and Sewer. #9: Attached to this packet #10: Midway Youth Services will employ 25 full time employees for the operation of this facility. These employees will cover three shifts and it is anticipated that we will require approximately 6-8 parking spaces at any given time. #11: On November 27, 2000 we met with Weld County Plans Examiner, Mr. Roger Vigil, and it was his opinion that our proposed usage did not differ drastically from the prior usage, and that setback and offset requirements were compatible with the requirements of a C2 zone district. #12: see attached Exhibit A #13: The proposed sign for the facility will be 3' by 2' in dimension and will be attached to the existing chain link fence to the left of the main entrance. The sign will be made out of hard plastic and state "Midway Youth Services". #14: We do not plan any changes to the existing landscaping. The facility has mature landscaping and lawn areas. The lawn areas are watered by an automatic sprinkler system that runs off an underground well. All maintenance to the outside landscaping will be the responsibility of Midway Youth Services staff and youth. Midway Youth Services will have a full time maintenance person in their employ. Midway Youth Services will employ a maintenance technician and it will be his/her's responsibility to maintain the landscaping. Lawn areas will be mowed on a weekly basis and watered through the current sprinkler system. #15: This is a developed pre-existing site and the application we propose will not change or impact historic stormwater drainage patterns. #16: The proposed facility lies on Birch Ave, a half dirt, half asphalt road. On 08/30/2001, we made arrangements to purchase the property directly to the east of the facility (1000 E. 18th St, Greeley, CO)for parking. The lot measures 20, 909 sq.ft. (1/2 acre). We would additionally request 4-6 disabled spaces along Birch Ave. There are two wheelchair breaks in the existing curb structure. #17, 18, 19: All loading and unloading will be in the front of the building through the center doors. The only anticipated deliveries are dairy and food product deliveries. The street in front of the facility is paved #20: The facility currently has safe access to East 18th Street, a two lane asphalt highway off of Birch Ave, a dirt road. #21: No new accesses to public rights of way are planned. #22: not applicable #23: Trash collection areas and facilities will be designed, located, and used in a manner that shall meet the requirements of the zone district. The trash dumpster is located at the rear of the driveway on the south side of the facility. #24: A. Uses and structures in the District shall be located and designed, and operated in accordance with the noise standards as established in 25-12-101 C.R.S. B. Uses in the Commercial and Industrial District shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. C. Uses in the Commercial and Industrial Districts shall be located, operated, and designed in accordance with the standards established by the Colorado Water Quality Control Commission. D. The handling, use storage and processing of radioactive materials shall be in accordance with applicable regulations of the State of Colorado and the United States Government. There will be no radioactive materials on site. E. Uses located within the Commercial and Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the lot line more than 5 degrees Fahrenheit. G. Any lighting used to illuminate an off-street parking area, outside storage area, outside activity area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone and from county roads. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located, and operated in such a manner as to meet the following standards: Sources of light shall be shielded so that beams or rays of light will not since directly onto adjacent properties; neither the direct or the reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; no colored lights may be used which may be confused with or construed as traffic control devices. H. The property will be maintained in such a manner so that grasses and weeds are not permitted to grow more than 12 inches high.Midway Youth Services will not allow the growth of noxious weeds on the property. 11-08-01 09: 35 GREELEY DIV OF VOC REHAB ID=9763535752 P01/15 4 'STATE Or COLOR.A.DO • • COLORADO DEPARTMENT SERVICES OFFICE FORRSNASEIGTON r otuani2SSEIIVIOES . kb Rood,WOO? MASON OF VOCATIONAL RetAsuninON Mw Hart;Director Administrate',Otos 2211 ASSES*,SnidutaLIMPS Cando ICLOO a WI OwensTwo:Tzarartna(vim:. FAX: (720-0412122Gawnrr DIVISION OF VOCATIONAL RERASIUTATION Nina 11N.gozas Nemue,g 822 76 STREET,SUITE 4 EmoniroO:erar GREELEY, 'CO 80831 Phone 870.86&8180(MCC) FAX: • 970.8585762 FACSIMILE TRANSMISSION Date:%d R'', Tofax#: Telephoner: Message to: 1:7 es F int 'So(-c 1, (O.---)AJ 1-4r2 No of Pages: f (including cover page) • / From: 1 --tA—tr-o 4 Q Bt Rig Z e4. r,T a Firm: COLORADO DIVISION OF VOCATIONAL REHABILITATION Fax (970)353-5752 Telephone: (970)352-5180 • Coftlrrlents: `yi--eLz / . ' e-,Q �h�y+L� w 7 coB . �l 3"hfs cJ: N 4441 S r I _-l�;l /, 1 Q9 4 r 1 L p t `- t 47 v4-ve-k s s � ..5 4,.c. et. I t ; 4 5a fie_ titer -41 1,2 s r �/�►a-J�r I The information contained in Mis facsimile message is privileged and a afidendal information intended nor the use of the individual or entity named above. lithe reader of thin message is not the intended recipieat,or the employee or aged responsible to dealer t ro the mended resipient you are hereby nailed that any disssmitaton,distrtbu0an or copying of his osommurraLlIn a straay prohibited. U you nave received this ha in error.please nnediatety notify us by telephone and return the orgnal Message to us at ttte above address via U.S.Postal Service. That you. Boa",rattan's fat`vro.eoowwwde.ie Safety.Sei.SuW.sV.y.rd Lfquv fee a,e Pecp,e a toes.) a .r 11 -ub-us u9; 'J1(thLt.Y i), v ue VW.) HEHAt3 iD=97u33S7S2 PO4/15 QUESTIONS PO ISLE SOLUTIONS Priority O Accessible Approach/Entrance People with disabilities should be able to arrive on the site,approach the building, and enter as freely as everyone else.At least one route of travel should be safe and accessible for everyone,including people with disabilities. Yes No Routs of Travel (ADAAG 4.3, 4.4,4.5,4.7) Is there a route of travel that does not require 123 O O Add a ramp if the route of the use of stairs? travel is interrupted by stairs. O Add an alternative route on level ground. Is the route of travel stable,firm and ❑ ❑ O Repair uneven paving. slip-resistant? ❑ Fill small bumps and breaks with beveled patches. ❑ Replace gravel with hard top. Q Is the route at least 36 inches wide? ® ❑ O Change or move landscaping, furnishings,or other features b (Feet that narrow the route of travel. width Cl Widen route. eCan all objects protruding into the circulation ® ❑ O Move or remove protruding paths be detected by a person with a visual objects. disability using a carte? A O Add a cane-detectable base that distance from wail/ �extends to the gourd. In order to be detected using a cane,an height ❑ Place a cane-detectable object on object must be within 27 inches of the the ground underneath as a ground.Objects hanging or mounted warning barrier. overhead must be higher than 80 inches to provide clear head room.It is not nece5saty to remove object that protrude less than 4 inches from the wall. Do curbs on the route have curb cuts at drives, Ea n O Install curb cut. parking,and drop-offs? O Add small ramp up to curb. Ramps (ADAAG 4.81 • e Are the slopes of ramps no greater than 1:12? ❑ ❑ O Lengthen ramp to decrease slope. Slope is given as a ratio of the height to r-, O Relocate ramp. the length.1:12 means for every 12 inches 410pe ❑ If available space is limited, along the base of the ramp,the height M/A reconfigure ramp to include increases one inch.For a 1:12 maximum switchbacks. slope,at least one fort of ramp length is needed for each inch of height. Checklist for Existing Fannies version 2.1 O revised August 1995.Adapdve Environments Center.Ina.for the Narcnal institute on 4 Cisablay and Rehahlitetion Research.For technical assistance.cal 1-94S.4ADA(voicerTD0). 11-98-01 09: 37 GREELEY DIV OF VOC REHAB ID=9703535752 P95/15 QUESTIONS P • _ .ISLE SOLUTIONS Yes No Ramps,continued Do all ramps longer than 6 feet have railings ❑ ❑ 0 Add railings. on both sides? © Are railings sturdy,and between 34 and 38 IO ❑ Cl Adjust height of railing if not inches high? 1'—�1 between 30 and 38 inches. L_..J ❑ Secure handrails in fixtures. bight ® Is the width between railings or curbs at least I I O 0 Relocate the railings. 36 inches? 0 Widen the ramp. width Are ramps non-slip? O ❑ 0 Add non-slip surface material. eIs there a 5-foot-long level landing at every O O 0 Remodel or relocate ramp. 30-foot horizontal length of ramp,at the top and bottom of ramps and at switchbacks? Iang h QDoes the ramp rise no more than 30 inches O ❑ 0 Remodel or relocate ramp. between landings? rase Parking and Drop-Off Areas (ADAAG 4.6) 'x QAre an adequate number of accessible parking ✓ ' ❑ 0 Reconfigure a reasonable number spaces available(8 feet wide for car plus 5-foot a of spaces by repainting stripes. access aisle)?For guidance in determining the number of appropriate number to designate,the table accessible below gives the ADAAG requirements for new spaces construction and alterations(for lots with more Note widths of existing than 100 spaces,refer to ADAAG): accessible ,pats: Total spaces Accessible 1to25 lspace 26 to 50 2 spaces 51 to 75 3 spaces 76 to 100 4 spaces QAre 8-foot-wide spaces,with minimum 8-foot- ❑ ❑ ❑ Reconfigure to provide clee arance,available for access aisles, 98 inches o vertical d v �u" ( ui-� i Y"'`•1) van-accessible space(s). width/ vertical At least one of every 8 accessible spaces clearance must be van-accessible (with a minimum of one van-accessible space in all rasps). Checklist for Existing Facilities version 2.1 ®revtsad August 1995.Adaptive Environments Canter.Inc.for the National Institute on 5 Oisabiity and Rehabilitabon Research.Fcr technical asststanca,call 1.800.949.4AOA(volcafttO). 11-S8-01 09 :38 GREELEY DIV OF VOC REHAB ID=9703535752 P06/15 QUESTIONS • PO. BLE SOLUTIONS • - Yes No Parking and Drop-Off Areas,continued Are the access aisles part of the accessible ® ❑ ❑ Add curb ramps. route to the accessible entrance? 0 Reconstruct sidewalk. Are the accessible spaces closest to the ® ❑ 0 Reconfigure spaces. accessible entrance? Are accessible spaces marked with the Intern- El ❑ 0 Add signs,placed so that they tional Symbol of Accessibility? Are there signs are not obstructed by cars. reading"Van Accessible"at van spaces? Is there an enforcement procedure to ensure iz O 0 Implement a policy to check pert- that accessible parking is used only by those odically for violators and report who need it? them to the proper authorities. Entrance (ADAAG 4.13, 4.14, 4.5) If there are stairs at the main entrance, is there O ❑ ❑ If it is not possible to make the also a ramp or lift,or is there an alternative ' main entrance accessible,create accessible entrance? b\i>, a dignified alternate accessible entrance.If parking is provided, Do not use a service entrance as the make sure there is accessible accessible entrance unless there is no parking near all accessible other option. entrances. Do all inaccessible entrances have signs M ❑ ❑ Install signs before inaccessible indicating the location of the nearest accessible entrances so that people do not entrance? have to retrace the approach. Can the alternate accessible entrance be used ta ❑ 0 Eliminate as much as possible independently? the need for assistance—to answer a doorbell,to operate a lift,or to put down a temporary ramp,for example.I Does El clear the openingentrance (for a double door least at least inches © 0 0 Widen the door to 32 inches clan. oneI/3 I 0 If technically infeasible,widen to 32-inch leaf)? 31-3/8 inches minimum. dew °�lab 0 Install offset(swing- dear)hinges. QIs there at least 18 inches of dear wall space on I i O 0 Remove or relocate furnishings, the pull side of the door,next to the handle? partitions,cr other obstructions. 0 Move door. A person using a wheelchair or crutches dearspace 0 Add power-assisted or auto- needs this space to get close enough to matic door opener. open the door. Checklist for Existing Facilities version 2.1 a revised August 1996.AdapWe Environments Center,Inc.for the National Instate on 6 J.Sablity and hehabiiilation Research.For!ethnical assistance,call 1.600-949.4ADA(vdCWVDOI. is-cab-us dm : 3b Vxra Ll:.Y DIV Ut. VUG HEHAti ill=9%03535 /52 P07/15 QUESTIONS P► ISLE SOLUTIONS • Yes No Entrance,continued ✓ Is the threshold edge 1/4-inch high or less,or ® ❑ ❑ If thereisa singlestep withariseof if beveled edge,no more than 3/4-inch high? r 5 i5' 6 inches or less,add a short ramp. I 0 If there is a threshold greater height than 3/4-inch high,remove it or modify it to be a ramp. eIf provided,are carpeting or mats a maximum ❑ 0 ❑ Replace or remove mats. of 1/2-inch high? ,sib height • Are edges securely installed to minimize 5"' O ❑ Secure carpeting or mats at edges. tripping hazards? QIs the door handle no higher than 48 inches ,❑ ❑ 0 Lower handle. and operable with a closed fist? x-40 0 Replace inaccessible knob with a lever or loop handle. The"closed fist"test for handles and height C7 Retrofit with an add-on lever controls:Try opening the door or operat- extension. ing the control using only one hand,held in a fist.If you can do it,so can a person who has limited use of his or her hands. QCan doors be opened without too much force ❑ 0 0 Adjust the door closers and (exterior doors reserved;maximum is 51bf for rr—I oil the hinges. interior doors)? IL��.•l1 ❑ Install power-assisted or force automatic door openers. You can use an inexpensive force meter 0 Install lighter doors. or a fish scale to measure the force re- quired to open a door.Attach the hook end to the doorknob or handle.Pull on the ring end until the door opens,and read off the amount of force required. If you do not have a force meter or a fish scale,you will need to judge subjectively whether the door is easy enough to open. QIf the door has a closer,does it take at least L1❑ 0 Adjust door closer, 3 seconds to close? Ii seconds Checkiist for Existing Fectlitles verelon 2.1 *revised August 1985,Adaptive Environments Canter.Inc.for the National Institute on Disability aid Rehabilitation Research.For technical assistance,call 1-aCo-849.4ADA{volca/rDC1. 7 11-0E-61 09 : 39 GREELEY DIV OF VOC REHAB 1D=9703535752 POB/15 QUESTIONS POS ISLE SOLUTIONS Priority Yes No • O Accessto Goods and Services Ideally,the layout of the building should allow people with disabilities to obtain materials or services without assistance. Horizontal Circulation (ADAAG 4.3) Does the accessible entrance provide direct In O ❑ Add ramps or lifts. access to the math floor,lobby,or elevator? O Make another entrance accessible. Are all public spaces on an accessible route 121 ❑ O provide access to all public spaces of travel? along an accessible route of travel Qs the accessible route to all public spaces O O Move furnishings such as tables, at least 36 inches wide? $,pct chairs,display racks,vending machines,and counters to make width more room. e Is there a 5-foot circle or a T-shaped space for a ® Cl O Rearrange furnishings,displays, person using a wheelchair to reverse direction? g fcct and equipment. width Doors IADAAG 4.13) • Do doors into public spaces have at least a © ❑ O Installoffset(swing-clear)hinges. 32-inch dear opening? 43„ ❑ Widen doors. �.., dearer:Ring eon the pull side of doors,next to the handle,is ® O O Reverse the door swing if it is there at least 18 inches of clear wall space so rr safe to do so. that a person using a wheelchair or crutches L� O Move or remove obstructing can get near to open the door? des space pare dons. eCan doors be opened without too much force fl ❑ O Adjust or replace closers. (5 lbf maximum for interior doors)? ( 1 O Install lighter doors. O Install power-assisted or force automatic door openers. QAre door handles 48 inches high or less and ® ❑ ❑ Lower handles. operable with a closed fist? 36.40" O Replace inaccessible knobs or latches with lever or loop handles. height O Retrofit with add-on levers. O Install power-assisted or automatic door openers. AAre all threshold edges 1/4-inch high or less, ❑ ❑ ❑ If there is a threshold greater or if beveled edge,no more than 3/flinch than 3/flinch high,remove it or high? �.t mortify it to be a ramp. height ❑ If between 1/4 and 3/4-inch high,add bevels to both sides. • CheckUst tat Existing Facilities vendee 2.1 C revised August 1995,Adaptive Futvirontnenb Center,it.for the Naeatal ln5tilute an 3 Disability and Rehabilih6on Sawatch.Far technical afisfanoe,caI 1803949-4ACA leode/TDD). 11-08-01 09 :39 GREELEY DIV OF VOC REHAB 1➢=9703535752 P09/15 QUESTIONS . P ;ISLE SOLUTIONS • Yes No Rooms and Spaces(ADAAG 4.2, 4.4,4.5) �+q-�Are all aisles and pathways to materials and l i' l f ❑ Rearrange furnishings and services at least 36 inches wide? 43„ fixtures to dear aisles. width QIs there a 5-foot circle or T-shaped space for ® ❑ O Rearrange furnishings to dear turning a wheelchair completely? r more room width Is carpeting low-pile, tightly woven, and ❑ 0 O Secure edges on all sides. securely attached along edges? O Replace carpeting. QIn circulation paths through public areas,are ® 0 O Remove obstacles all obstacles cane detectable(located within 27 I I O Install furnishings,planters,or inches of the floor or higher than 80 inches,or heighe/ other cane-detectable barriers protruding less than 4 inches from the wall)? proe slcn underneath. Emergency Egress (ADAAG 4.28) If emergency systems are provided,do they O ❑ O Install visibleandaudible alarms. have both flashing lights and audible signals? O Provide portable devices. Signage for Goods and Services (&DAAG 4.30) , Different requirements apply to different types h 1 k of signs. QIf provided, do signs and room numbers des- ❑ ❑ O Provide signs that have raised ignating permanent rooms and spaces where letters, Grade II Braille,and goods and services are provided comply that meet all other require- with the appropriate requirements for such ments for permanent room or signage? space signage. (See ADAAG Y N t 4.1.3(16)and 4.30.) • Signs mounted with centerline O O l I 60 inches from floor. height • Mounted on wall adjacent to latch ❑ O side of door, or as close as possible. • Raised characters,sized between 5/8 ❑ ❑ and 2 inches high,with high contrast character height (for room numbers,rest rooms,exits). • Brailled text of the same information. O 0 • If pictogram is used,it must be O ❑ M accompanied by raised characters and braille. Checklist for Existing Facilities version 2.1 C ravisad August 1995,Adaptive Environments Cantor.Inc,for die National Instate on Dkao:;ity Sand Rehallfttalon Resaarch. For tachnioal assistance,car 1.800-949-4A➢A(volca(TDD). 9 11-08-01 09 :40 GREELEY DIV OF VOC REHAB ID=9703535752 P10/15 QUESTIONS • POSBLE SOLUTIONS Yes No Directional and Informational Signage The following questions apply to directional and informational signs that fall under Priority 2. eIf mounted above 80 inches,do they have ❑ ❑ 0 Review requirements and re- letters at least 3 inches high,with high con- place signs as needed,meeting trast,and non-glare finish? height the requirements for character lettersize,contrast,and finish. Do directional and informational signs comply ❑ ❑ 0 Review requirements and with legibility requirements? (Building direc- replace signs as needed. tories or temporary signs need not comply.) Controls (ADAAG 4.27) A Are all controls that are available for use by ® ❑ El Relocate controls. t% the public(including electrical,mechanical, cabinet,game,and self-service controls)lo- aeig1 e cated at an accessible height? Reach ranges:The maximum height for a side reach is 54 inches;for a forward reach,48 inches.The minimum reachable height is 15 inches for a front approach and 9 inches for a side approach. Are they operable with a closed fist? VI O ❑ Replace controls. Seats,Tables,and Counters(ADAAG 4.2,4.32,7.2) ❑ O chairs tables to e Are the aisles between fixed seating(other than' IRearrange ae chairs or a. assembly area seating)at least 36 inches wide. width Are the spaces for wheelchair seating ( ❑ 0 Rearrange tables to allow room distributed throughout? for wheelchairs in seating areas throughout the area. ❑ Remove some fixed seating. eAre the tops of tables or counters between �( ❑ 0 Lower part or all of high surface. 28 and 34 inches high? 29 3Z , 0 Provide auxiliary table orcounter. heir Are knee spaces at accessible tables ® ❑ ❑ Replace or raise tables. at least 27 inches high,30 inches wide, i '.t4/z f and 19 inches deep? height/ width/ depth Checklist for Existing Fedildes version 2.1 C revised August 1995,Acaptive Environments canter,Inc.for the National Insttu;e on 10 Cis sbairy art Ranabuita IOn Rasaatcn.For technical essistanca,oak 1.d%-949-DADA(voice/TOM- - 11-08-91 09 :40 GREELEY DIV OF VOC REHAB ID=9703535752 P11/15 QUESTIONS • PIBLE SOLUTIONS - Yes No Seats.Tablas,and Counters,continued ''..--' © At each type of cashier counter,is there a O ❑ ❑ Provide a lower an iliary portion of the main counter that is no more counter or folding shelf. than 36 inches high? /V/4 height 0 Arrange the counter and surrounding furnishings to create a space to hand items back and forth. QIs there a portion of food-ordering counters O O 0 Lower section of counter. that is no more than 36 inches high,or is 0 Arrange the counter and there space at the side for passing items to surrounding furnishings to customers who have difficulty reaching over h eight create a space to pass items. a high counter? N/4 Vertical Circulation (ADAAG 4.1.3(6),4.3) Are there ramps,lifts,or elevators to all O O ❑ Install ramps or lifts. public levels? N�� 0 Modify a service elevator. 0 Relocate goods or services to an accessible area. On each level,if there are stairs between the O O 0 Post clear signs directing people entrance and/or elevator and essential public along an accessible route to areas,is there an accessible alternate route? ramps,lifts,or elevators. Stairs (ADAAG 4.9) NA The following questions apply to stairs connecting levels rwt serviced by an elevator, ramp,or lift. Do treads have a non-slip surface? ❑ ❑ ❑ Add non-snip surface to treads. Do stairs have continuous rails onboth sides,with O O 0 Add or replace handrails if pos- extensions beyond the top andbottom stairs? sible within existing floor plan. Elevators (ADAAG 4.10) 0/A Axe there both visible and verbal or audible ❑ ❑ 0 Install visible and verbal or door opening/dosing and floor indicators audible signals. (one tone=up,two tones=down)? 4> Are the call buttons in the hallway no higher ❑ ❑ 0 Lower call buttons. than inches? 1 0 Provide a permanently attached L reach stick. height Do the controls inside the cab have raised and O O 0 Install raised lettering and braille lettering? braille next to buttons. Checklist for Existing Facilities version 2.1 *revised August 1995.Adaptive Environments Cantor,Inc.for the National ins@tuts en 11 q:aabilty and Rehabilitation Research.Fcr technical astistanea.call 1-a00.9a4'ADA(voioe✓T00). 11-08-01 09:41 GREELEY DIV OF VOC REHAB ID=9703535752 P12/15 O NS ' • 1: LES•LUTIINS , N_..- Elevators.continurd NiA Yes No Is there a sign on both door jambs at every ❑ O O Install tactile signs to identify floor identifying the floor in raised and braille floor numbers,at a height of letters? 60 inches from floor. If an emergency intercom is provided,is it ❑ O O Modify communication system. usable without voice communication? Is the emergency intercom identified by O O O Add tactile identification. braille and raised letters? Lifts (ADAAG 4.2,4.11) Can the lift be used without assistance?If not, ❑ O O At each stopping level,post dear • is a call button provided? instructions for use of the lift. O Provide a call button. eIs there at least 30 by 48 inches of dear space O O O Rearrange furnishings and for a person in a wheelchair to approach to equipment to clear more space. reach the controls and use the lift? dar space eAre controls between 15 and 48 inches high O ❑ O Move controls. (up to 54 inches if a side approach is possible)? height Prian @ Usability of Rest Rooms When rest rooms are open to the public,they should be accessible to people with disabilities. Getting to the Rest Rooms (ADAAG 4.1) If rest rooms are available to the public,is at ® ❑ O Reconfigure rest room. least one rest room(either one for each sex, ❑ Combine rest rooms to create or unisex) fully accessible? one unisex accessible rest room. Are there signs at inaccessible rest rooms that 0 ❑ O Install accessible signs. give directions to accessible ones? Doorways and Passages(ADAAG 4.2.4.13,4.30) �{ Is there tactile signage identifying rest rooms? El ❑ 0 Add accessible signage, placed to the side of the door, Mount signs on the wall,on the latch 60 inches to centerline(not on side of the door,complying with the re- the door itsel f). quirements for permanent signage. Checklist for Existing Facilities version 2.1 m revised Augiat 1995,Adaptive Environments Cantor, inc.S the National Institute on 12 Oisabiilry and Rehabilitation Research.For technical assistance,call 1400-949 4ADA(voicitD0). 11 '-08-01 09 :42 GREELEY DIV OF VOC REHAB ID=97035357522 F13/15 r-. QUESTIONS PIBLE SOLUTIONS • Yes No Doorways and Passages,continued Are pictograms or symbols used to identifyjzi O O If symbols are used,add rest rooms,and,if used,are raised characters I supplementary verbal signage and braille included below them? with raised characters and braille below pictogram symbol © Is the doorway at least 32 inches clear? El ❑ O Install offset(swing-clear)hinges. O Widen the doorway. Li clear width © Are doors equipped with accessible handles ❑ ❑ O Lower handles. (operable with a closed fist),48 inches high O Replace knobs or latches with or less? lever or loop handles. height O Add lever extensions. O Install power-assisted or automatic door openers. eCan doors be opened easily(51bf maximum ® O O Adjust or replace closers. force)? O Install lighter doors. ❑ Install power-assisted or forces automatic door openers. eDoes the entry configuration provide adequate IA O l ❑ Rearrange furnishings such as maneuvering space for a person using a I 50" i chairs and trash cans. wheelchair? CIRemove inner door if there is a `lQe`width vestibule with two doors. A person in a wheelchair needs 36 inches O Move or remove obstructing of dear width for forward movement,and a partitions. 5-foot diameter or T-shaped dear space to make turns. A minimum distance of 48 inches Hear of the door swing is neededbe- tween the two doors of an entry vestibule. eIs there a 36-inch-wide path to all fixtures? ® ❑ O Remove obstructions. I i3" width Stalls (ADAAG 4.17) N/A O O Is the stall door operable with a closed fist, O Replace inaccessible knobs inside and out? with lever or loop handles. ❑ Add lever extensions. © is there a wheelchair-accessible stall that has ❑ n ❑ Move or remove partitions. an area of at least 5 feet by 5 feet,clear of the i O Reverse the door swing if it is door swing,OR is there a stall that is less ac- lensrn? safe to do so. cessible but that provides greater access than a wtdw typical stall(either 36 by 69 inches or 48 by 69 inches)? Checklist lot Existing Facilities version 2.1 Cr revised August 1995,Adaptive Environments Carter,Inc.for the National Institute on Disability and Honabilitacon Research.For technical ass ztence,call 14eOO 549-4ACA{voice,TOD). 13 11-013-01 09 :42 3REELEY DIV OF VOC REHAB 1D=9703535752 P14/15 l (2UESTIsNS ' •SSI-tESttUTIsNS NSA Yes No Stags,contiaued In the accessible stall,are there grab bars be= O O 0 Add grab bars. hind and on the side wall nearest to the toilet? eIs the toilet seat 17 to 19 inches high? O 0 0 Add raised seat. MINN het tat Lavatories (ADAAG 4.19,4.24) ©Does one lavatory have a 304nch-wiele by ❑ O 0 Rearrange furnishings. 4&-inch-deep dear space in front? 0 Replace lavatory. 0 Remove or alter cabinetry to A maximum of 19 Inches of the required car space provide space underneath depth may be under the lavatory. ❑ Make sure hot pipes are covered. ❑ Move a partition or wall. 6>Is the lavatory rim no higher than 34 inches? ❑ ❑ ❑ Adjust or replace lavatory. height Cs there at least 3 inches from the floor to ❑ 0 0 Adjust or replace lavatory. the bottom of the lavatory apron(excluding Inlesj? height Can the faucet be operated with one dosed fist? k❑ ❑ C Replace with paddle handles. Are soap and other dispensers and hand dry- ❑ O 0 Lower dispensers. en within reach ranges (see page 7)and us- ❑ Replace with or provide addi- able with one dosed fist? tional accessible dispensers. © �^(Is the mirror mounted with the bottom edge of 1/J ❑ 0 Lower or tilt down the mirror. the reflecting surface 40 inches high or lower? , C Add a larger mirror anywhere in the room. height Priority O Additional Access Note that this priority is for items not required for basic access in the rose three priorities. When enmities such as drinking fountains and public telephones are provided,they should also be accessible to people with disabilities. Drinking Fountains (ADAAG 4.'15) O ©Is there at least one fountain with dear floorla 0 Clear more room by rearrang- space of at least 30 by 48 inches in front? ing or retrtoving furnishings. clew.space Checklist ter Extatng Facaltlas version 2.1 07 revised August 1995,Adapts'e Environmens Center.Inc.to eie Natural Institute on 1 4 Dldacdity and Reheoliadon Pesearch.Far technical assistance,cal 1.eCO.949.4AOA(voioa'00). 11-08-01 09 :43 GREELEY DIV OF VOC REHAB ID=9703535'752 P15i15 QUESTIONS e P . ISLE SOLUTIONS Yes'No Drinking Fountains,continued $ is there one fountain with its spout no higher ❑ ❑ ❑ Provide cup dispensers for `� than 36 inches from the ground,and another fountains with spouts that with a standard height spout(or a single ° are too high. "hi-lo"fountain)? height 0 Provide accessible cooler. Are controls mounted on the front or on the side fl O 0 Replace the controls. near the front edge,and operable with one closed fist? C Place a planter or other cane- © Is each water fountain cane-detectable (located ❑ n detectable barrier on each within 27 inches of the floor or protruding into the side at floor level. circulation space less than 4 inches from the wall? height/ ramie= Telephones (ADAAG 4.31) k If pay or public use phones are provided,is t C ❑ I-1 C Move furnishings. there clear floor space of at least 30 by 48 inches _ O Replace booth with open in front of at least one? station clear space Is the highest operable part of the phone no O O 0 Lower telephone. higher than 48 inches(up to 54 inches if a side approach is possible)? height ©Does the phone protrude no more than 4 inches ❑ ❑ ❑ Place a cane-detectable into the circulation space? i"1 bather on each side at I�r.J floor leveL protrusion Does the phone have push-button controls? ❑ ❑ 0 Contact phone company to install push-buttons. Is the phone hearing-aid compatible? O O 0 Have phone replaced with a hearing•aid compatible one. Is the phone adapted with volume control? n n 0 Have volume control added. Is the phone with volume control identified O O 0 Add signage. with appropriate signage? If there are four or more public phones in the ❑ ❑ 0 Install a text telephone. building,is one of the phones equipped with a 0 Have a portable TI'available. text telephone(TI or MD)? 0 Provide a shelf and outlet next to phone. Is the location of the text telephone identified by O O ❑ Add signage. accessible signage bearing the International �' TOD Symbol? Checklist for Existing Facilities vendors 2.1 0 revised August 1995,Arlapertna Environments Canter,Inc.for the National Institute on is Disability and Rehabilitation Research.For technical assistance,call 1.800.949.4AOA ive1067TOD1. 15 V/eld County Planning L_,, OCT 25 2000 MIDWAY YOUTH SERVICES RECEIVED 913 11tAve. 633 Remington St 1516 Remington St. Greeley,CO.80631 Ft.Collins,CO.80524 R.Collins,CO.80524 (970)352-2852 (970)484-8427 (970)484-7447 (970)352-4428(fax) (970)482-8713(fax) (970)484-7471(fax) Weld County Planning Department 1555 N. 17th Ave Greeley, Colorado 80631 Re: 1819 Birch Greeley, CO. Dear Planning Staff, We are at this time researchin the feasibility of operating a residential treatment facility for adolescents at the above med address, located approximately a mile east of the bypass highway off 18th Street. his facility was formerly the New Life Center and was licensed up until two years ago to house up to sixty developmentally disabled clients. Teen Works Inc. is the management company overseeing the operations of both Midway Youth Services and Jacob Family Services. We have been in operation for eleven years and provide counseling and support services, foster care, residential treatment and court related services to emotionally troubled youth and their families. We have offices in Greeley, Fort Collins, and Longmont. The former New Life Center is an 18,000 sq.ft. facility located on 1.06 acres of land. We would like to get zoning approval to operate a 32—40 bed facility for adolescents ranging in age from 10— 18 at this address. Our understanding from the current owners is that it lies in C-2 zoning and is currently vacant. Our current residential programs have a one to four adolescent to staff ratio during daytime hours and one to eight ratio during sleeping hours. Our programs provide individual and group therapy, on—grounds educational programming, recreational programs, and preparation for return home to families or community placements. We plan to use similar programming at the proposed facility. The facility will have approximately 25 — 30 full time employees covering three shifts, twenty-four hours a day, three hundred and sixty five days a year. At any given time, there will be from 10-12 employees at the facility. If you need additional information, please contact me at: Midway Youth Services 1116 9th St. Greeley, CO 80631 nce ly, ' A---- avid OKCe1v G/YL�F REFERRAL LIST NAME: Jacob Family Services Go Midway Youth Services CASE NUMBER: RESUBMISSION for SPR 344 COUNTY TOWNS and CITIES _x_Attorney Ault Legal _x_Health Department Brighton Extension Service Broomfield Zone Dist Emergency Management Office _Dacono _x_Sheriffs Office Eaton FP _x_Public Works Erie Housing Authority Evans Panel# Airport Authority Firestone _x_Building Inspection Fort Lupton Airport Code Compliance Frederick STATE Garden City Geo Haz Division of Water Resources _Gilcrest Geological Survey _x_Greeley Pin# Department of Health _Grover Department of Transportation _Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle _West of 1-25(Loveland) Lochbuie East of 1-25(Greeley) _Longmont Division of Minerals/Geology _Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 _Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 _x_Union Colony/Western Hills F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _x Cheryl Estrick, PO Box 336066 Greely, CO 80633 Greeley x Sara Evans, DPH&E Longmont School District West Adams Ginny Shaw(MUD) Ditch Company COMMISSION/BOARD MEMBER 81H1:1;16 • [u:i1 hN.,oC, Weld County Referic,a/ C September .1 c., enP COLORADO �F The Weld County Department of Planning Services has received the following item for review: Applicant Jacob Family Services do Case Number SPR-344 Midway Youth Services Please Reply By September 25, 2001 Planner Kim Ogle Project Site Plan view for an Adolescent Treatment and Rehabilitation Center in the C- one District Legal Lot 2 Union Colony Subdivision being part of the SE4 SE4 of Section 9, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Hwy 34 Business;west of and adjacent to Birch Street . For a more precise location, see legal. Parcel Number 0961 09 400046 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. .-� Comments: Signature /7-/LI" 9 Agency Citt 1-CY' ( P/c_.r.aOdh,,c. Date +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax MEMO RAN L JM TO: Kim Ogle, Lead Planner DATE: September 28, 2001 FROM: Drew Scheltinga, P. E., Engineering Managers& C. SUBJECT: Jacob Family Services, SPR-344 COLORADO The Weld County Public Works Department has reviewed this site plan. COMMENTS: Americans with Disabilities Act(ADA) Requirements: This site will be required to meet all requirements of the Americans with Disabilities Act. At least one space must be van accessible. I have reviewed the federal regulations; the parking spaces may be on the street if the accessible route is clear of traffic. A certain portion of the structure will also be required to meet the accessibility requirements. The parking spaces must be the closest possible to the entrance. Signing will be required. Storm Water: A drainage study will not be required. Driveways: The southerly driveway is very narrow. It will be difficult to prevent trapped vehicles. The developer should consider a wide angle mirror for exiting and entering traffic. The sight distance triangles will need to be cleared of berms and plants over 3.5 feet above the driveway. Traffic: Birch Avenue is only a half-street section. With the reduction of width for parking, the final roadway may not be sufficient for two vehicles to pass. Is there any plan to provide additional roadway pavement? Parking: It is acceptable to Public Works that the parking be provided across the street. A copy of the agreement will be required. RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): ❑ The site and building shall meet the requirements of the Americans with Disabilities Act. ❑ The driveways will be adjusted to allow vehicles to see each other before turning. ❑ The driveway sight distance triangles shall be cleared of all obstructions over 3.5 feet tall. ❑ The ability of Birch Avenue to allow parking and two-way traffic shall be verified. If you have any questions, please call. P.C.: SPR-344 M:\W P F I LE S\d l a n e\D E V E LO P M E N T\S P R344.w p d 09/19/01 WED 07:13 FAX 970 350 9302 CITY OF GREELEY MIS DEPT ra003 UNION COLONY FIRE/RESCUE AUTHORITY 919 7th Street FIRE PREVENTION BUREAU Greeley CO 80631 970/350-9510 970/350-9302 (FAXI 1/ Reviewed ❑ Rejected ❑ Furnish as Corrected ❑ Revise and Resubmit ❑ Submit Specified Item This review is for conformance with the design concept of the project, nationally recognized standards, and appropriate codes. Corrections or comments made on or attached to the drawings during this review do not relieve contractor from compliance with the requirements of the plans, specifications or nationally recognized standards. Approval of a specific item shall not include approval of an assembly of which the item is a component. Contractor is responsible ensuring that all work and material meet or exceed nationally recognized standards, the coordination of the work with that of all other trades, and for performing all work in a safe and satisfactory manner. Date: September 19, 2001 Job name: Jacob Family Services/Midway Youth Services Permit# : NA Review type: Weld County Referral Case#: SPR-344 Reviewed by: Duane McDonald Comments: 1. All fire alarm and sprinkler plans for this property shall be forwarded to the Union Colony Fire/Rescue Authority for review and approval. 2. The sprinkler system and alarm system may need to be upgraded or modified. The applicant should schedule a walk through of the property with the Fire Authority. 3. Fire Hydrant required within 250 feet of the structure. n a DEPARTMENT OF BUILDING INSPECTION (it Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 ' Fax(970) 304-6498 C. COLORADO September 17, 2001 Jacob Family Services do Midway Youth Services Site Plan Review for an Adolescent Treatment and Rehabilitation Center in the C-2 Zone District SPR-344 1. Building permits shall be obtained showing compliance with the Americans with Disabilities Act. The exiting plan shall be shown on the plans. 2. A plan review will be required. Two complete sets of plans are required when applying for the permit. Please contact me for any further information regarding this project. Sincerely, i - V.ta44PJeffof Building Official Service,Teamwork,Integrity,Quality held County Planning Dept. MEMO �� 3 2001 RECEIVE® To: Kim Ogle, Im of Planning From: Rick Dill , . Subject: SPR-344 Jacob Family Services do Midway Youth Services Date: March 6, 2001 I have reviewed this site plan with a proposed use of a staff secure juvenile detention facility and juvenile residential treatment center. The proposed location is central to existing county-wide service demand in contrast to other RTC's or RCCF's applicants who wanted to locate in remote, largely unpopulated areas of Weld County. There is also a significant need for Level II detention and residential treatment of juveniles. The proposed facility is about 3.5 miles from its current facility location at 913 11th Avenue in Greeley. The new location would require additional transportation time for kids in level 2 detention from the facility to detention hearings at the North Jail Complex. Fortunately, the need to do this in the past has been infrequent. The proposed facility is located in a larger area neighborhood composed of single family residences, commercial uses, a bar directly across the street, and an elementary school (East Memorial) less than one mile away. It is not likely to be viewed as a compatible use by the neighborhood. There is a concern about the adequacy of parking. The plan does not appear to provide more than limited on-street parking for staff, visitors, transportation vehicles, etc. The Greeley Police Department responded to 45 calls at the 913 11th Avenue address in 2000. There have only been four calls during January and February. The nature of calls varied widely ranging from animal-at-large to criminal assault and runaway. Because the proposed capacity will be expanded from the current facility, it seems reasonable to expect the number of calls for service to increase as well. 50 calls would represent about .3% of all call responses for the Sheriffs Office being attributed to this one location. This would represent a high service demand location. Providing service to such a facility is possible only with additional resources outlined in the multi-year plan for the Operations Department submitted earlier. The Sheriffs Office lacks the resources to continue to absorb such service demand within existing resources. 1\(\ 14PH-61 MEMORANDUM TO: Km Ogle DATE: March 5, 2001 O FROM: Diane M. Houghtaling, P.E., Traffic Engineer Dri y • SUBJECT: Jacob Family Services, SPR-344 COLORADO Weld County Planning Dept. P 06 2001 The Weld County Public Works Department has reviewed this site plan. RECEIVED COMMENTS: Americans with Disabilities Act (ADA) Requirements: This site will be required to meet all requirements of the Americans with Disabilities Act. At least one space must be van accessible. I have reviewed the federal regulations;the parking spaces may be on the street if the accessible route is clear of traffic. A certain portion of the structure will also be required to meet the accessibility requirements. The parking spaces must be the closest possible to the entrance. Signing will be required. Storm Water: A drainage study will not be required. Driveways: The southerly driveway is very narrow. It will be difficult to prevent trapped vehicles. The developer should consider wide angle mirrors for exiting and entering traffic. The sight distance triangles will need to be cleared of berms and plants over 3.5 feet above the driveway. Traffic: Birch Avenue is only a half-street section. With the reduction of width for parking, the final roadway may not be sufficient for two vehicles to pass. Is there any plan to provide additional roadway pavement? Parking: It is acceptable to Public Works that the parking be provided across the street. A copy of the agreement will be required. RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): ❑ The site and building shall meet the requirements of the Americans with Disabilities Act. ❑ The driveways will be adjusted to allow vehicles to see each other before turning. ❑ The driveway sight distance triangles shall be cleared of all obstructions over 3.5 feet tall. ❑ The ability of Birch Avenue to allow parking and two-way traffic shall be verified. If you have any questions, please call. P.C.: SPR-344 M:\W PFI LES\diane\DEV ELOPMENT\SPR-344.wpd Memorandum TO: Kim Ogle, DATE: February' g ary 26, 2001 Weld County Planning CFROM: Char Davis, Environmental Health Services COLORADO CASE: SPR-344 NAME: Jacob Family Services c/o Midway Youth Services Environmental Health Services has reviewed this proposal for an Adolescent Treatment and Rehabilitation Center. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as "development standards": 1. 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. 2. 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. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25-12-103 C.R.S., as amended. 5. Adequate toilet facilities shall be provided for the public. 6. The facility shall utilize the existing municipal sewage treatment system. 7. ; The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a 8. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. 9. The facility shall utilize the existing public water supply. 10. The applicant shall maintain compliance with the Rules Regulating Child Care Centers issued by The Colorado Department of Human Services, Division of Child Care. �1 Co:; EL.; :i C'_'p' ' 02/23/2001 10:07 FAX 970 330 3472 CITY OF EVANS la01 611 a Weld County Referral C. February 16, 2001 COLORADO. • The Weld County Department of Planning Services has received the following item for review: Applicant Jacob Family Services c/a Case Number SPR-344 Midway Youth Services Please Reply By March 12, 2001 Planner Kim Ogle Project Site Plan Review for an Adolescent Treatment and Rehabilitation Center in the C- 2 Zone District Legal Lot 2 Union Colony Subdivision being part of the SE4 SE4 of Section 9, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to Hwy 34 Business:west of and adjacent to Birch Street For a more precise location,see legal. Parcel Number 0961 09 400046 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. My response not received before or on this date may be deemed to be a positive response to the Department of Planning Services, If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. U See attached letter. /, Comments Rum u T _ enti t'�-N_-(/J l Signature 4/ 23/6� Agency 4.41kitv>t Date *weld County Planning Dept +1555 N. 17th Ave. Greeley,CO.80631 4(970)3538100 ext3540 0(970)3046498 fax Sect By: Continuum Health Partner's a e, ; 970 395 0606; Nov-20.ac 3:41P M; Page 2 WARRANTY DEED THIS DEED, Made this 24th day of August, 1998 batwaen Harbor American Health Care Trust, Inc-, a Maryland corporation, now Healthcare Investors or America, Inc. , a Maryland corporation of the County of Weld and State of Colorado, grantor, and Continuum Mealah Partnerships, Inc. a Colorado corporation whose legal address Sc 5401 Went 10th Street, Suite 1008, Greeley, Colorado 80634 of the County of Wald and State of Colorado, grantees: WSTMHSSETM That the granter far and in eeasideratien of the sum of Two Suntan') PIETY THOUSAND AND 00/100, (4250,000.00) Dollars, the receipt and sufficiency of which is hereby acknwl.dged, has granted, bargained, sold and Conveyed, and by these p does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with rovesents if any, situate,lying and being in the County of Weld and State of Colorado. described as follows. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by cereet and number as 1819 Birch Avenue. Greeley, Colorado 80631 TOONTH.a with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the , right, title, int t, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaaents and appurtenancea. TO NAVE AND TO .HOLD the said premises shown bargained and described with the appurtenances, unto the g , his hairs end assigns forever- and the grantor, for niacelf, Isis heirs and personal represeatativ.s, does covenant, grant, bargain, and agree to and with she g , his heirs and assigns, that at the time of the ling and delivery of these presents, he is wall seised o£ the praises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and bas good right, Cull power and lawful authority to grant, bargain. sell and convey the sane in manner and form as of 'd and that the sago are free and clear from all former and other grants, barsggaims, safes, liens, taxes, meat., ene.ebraaeas and restrictions of whateeer kind or nature soarer, except general taxed for 1998 and aubaequent years; except easements, restrictions, covenants, condition*, reoervatione and rights of Way of record, if any; The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises is the quiet and peaceable pa ion of the grant-le, his heirs and assigns, against all an4 every person or persons lawfully claiming the whole or any part thereon. The singular number snail include time plural, the plural the siagular, and the ese of any gander WITNESS haE shall ha applicable to ail genders. TN sha RAMP the granter has executed this deed on the date set forth above. Harbor American Health care Truest, Inc., a Maryland corporation, now Healthcare Investors o Americ nc. , a Maryland Corpo i ,p BY yQ� F. Dal , President STATIC Or Arizona ) ) on. The foregoing instrument was acknowledged b-for. County of NAVAJO ) me thin 24th day of August, 1998 by P. Dale Markham, President 'of' Harbor American Health Care Trust. Inc. , a Maryland corporation, now Healthcare Investors of Am-rice, Inc-, a Maryland corporation Witness my hand and official meal. BE ter atrrri`„ el My commission expires 6/ /2000 Xey now-nave p .m snvAlO COMM( NY Comm.F,J4Yd-Paw :OW lgoTAn Y L C ( •( ,(-( GW • No. 932A. RSV. 7-84 LEASE THIS LEASE is made and entered into this 1 day of M 2001, by and between Continuum Health Partnerships, Inc., a Colorado corporation ("Landlord"), and Osprey Investments, LLC, a Colorado limited liability company ("Tenant"). Recitals A. Landlord is the owner of certain real and personal property commonly known as Birch Avenue Manor, located at 1819 Birch Avenue, Greeley, Colorado, together with certain items of fixtures and equipment all of which is together called the "Premises." B. Landlord desires to lease to Tenant and Tenant desires to lease from Landlord the Premises. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises upon the terms and conditions hereinafter set forth. 1. Premises. The Premises hereby leased by Landlord to Tenant shall include the following: 1 .1. Real Estate. That certain real property described in Exhibit "A" which is attached hereto and incorporated herein together with all fixtures and improvements thereon and appurtenances thereto subject only to those conditions of title and liens and encumbrances described in a copy of Landlord's title insurance policy, a copy of which is attached hereto as Exhibit "A-1 " and is incorporated herein by reference. 1 .2. Personal Property. Those items of personal property described in Exhibit "B" which is attached hereto and incorporated herein. At the termination of this lease, Landlord shall be entitled to any and all of the personalty and equipment located on the Premises which belonged to the Landlord at the inception of this lease. 2. Term. 2.1 Early Possession. Tenant shall have the right to possession of the Premises ^^ { 7 � , 2001 for the purpose of completing minor improvements to the Premises. Detailed plans for such improvements shall be submitted to and approved by Landlord before any work is commenced. All work shall be done in a good and workmanlike manner and shall be paid for by Tenant when due. Landlord shall have the right to post the Premises notifying contractors that Landlord is not responsible for payment of the work done or materials furnished and that the Landlord's interest in the Premises is not subject to any lien. 2.2 Primary and Extended Term. The term of this lease shall commence on March 1 , 2001 and shall terminate on March 1, 2002 unless it is extended by Tenant at Tenant's option for an additional one year term to run from March 1, 2002 to March 1, 2003. In order to exercise such option, Tenant must give written notice of exercise of the option to extend to Landlord not later than October 1, 2001. Failure to give such notice shall cause this option to terminate. 3. Rental. 3.1 . Cash Rental. Tenant shall pay to Landlord the sum of $4,000.00 per month cash rental for the primary term and if the one year extension is exercised by Tenant, rental for the second 12 months shall be $4,400.00 per month. 3.2. Time and Place of Payment. Rental shall be paid in advance on the fifteenth (15) day of each and every calendar month during the term hereof and shall be payable at Landlord's offices at 5401 W. 10th Street, Suite 100B, Greeley, Colorado 80634. Rent not paid within five days of its due date shall entitle Landlord to a late charge of $160.00 and any rent or other payments not made by Tenant when due hereunder shall bear interest at the rate of 18% per annum. Rent for any partial month shall be prorated. 2 4. Taxes. Landlord shall pay all real estate taxes levied and assessed against the Premises. Tenant shall pay and discharge any taxes on Tenant's personal property. 5. Insurance. Landlord shall maintain fire and extended coverage insurance in the amount now carried by Landlord on the Premises and shall maintain its own general liability insurance. Tenant shall maintain such insurance as Tenant may desire on its oven personal property and shall maintain general and professional liability insurance covering bodily injury and property damage with limits of not less than $1,000,000.00 for death or injury to any one person or $3,000,000.00 for death of injury to more than one person. Such insurance shall name Landlord as an additional insured. 5.1 . Waiver of Subrogation. Landlord and Tenant waive any and all rights as against each other for losses and damages to property to the extent that such losses and damage are covered by insurance. 6. Alterations. Tenant shall, at its own expense, have the right to make such alterations, improvements, additions and changes to the Premises as it deems necessary and desirable so. long as such changes do not involve altering in any way the structural integrity of the Premises. If the estimated cost of any proposed alteration, improvement, addition or change to the Premises shall exceed the sum of $10,000, Tenant shall first obtain Landlord's approval of the plans therefor, but such approval shall not be unreasonably withheld by Landlord and such approval shall be deemed to have been given unless Landlord expresses written objection to the alteration with fifteen (15) days after receiving a copy of the plans and specifications for the alteration. 7. Repairs and Maintenance. The Tenant shall, at its own expense, make all necessary repairs and replacements to the Premises and to the pipes, electrical system heating system, plumbing system, window glass, fixtures and all other appliances and their 3 appurtenances, and all equipment used in connection with the Premises. Such repairs and replacements, interior and exterior, ordinary as well as extraordinary, and structural as well as non-structural, shall be made promptly as and when necessary. All repairs and replacements shall be in quality and class at least equal to the original work. 8. Utilities. Tenant shall pay or cause to be paid all charges for air conditioning, heat, water, gas, electricity, light, telephone or any other communication or utility service used in or rendered or supplied to the Premises throughout the term of this lease and to indemnify the Landlord and save it harmless against any liability or damage on such account. 9. Damage to Premises. In the case of damage by fire or other casualty to the Premises without the fault of Tenant, if the damage is so extensive as to amount to the total destruction of the Premises, this Lease shall cease and the rent shall be apportioned to the time of the damage. In all other cases where the Premises is damage by fire or other casualty without the fault of Tenant, Landlord shall repair the damage with reasonable dispatch, and, if the damage has rendered the premises untenantable, in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. In determining what constitutes reasonable dispatch, consideration shall be given to delays caused by insurance settlements, permitting time, strikes, and other causes beyond Landlord's reasonable control. 10. Condemnation. If all of the Premises shall be taken under the right of eminent domain by any public authority having the right of condemnation, or if a portion of the Premises is so condemned as will prevent the practical use of the Premises for Tenant's purposes, this lease and all obligations hereunder shall terminate on the date title vests pursuant to such proceedings. The entire condemnation award shall be the property of Landlord. If such taking does not prevent the practical use of the Premises for the purposes 4 of the Tenant, then this lease shall continue in full force and effect but the rent shall abate proportionately and such other adjustments shall be made as shall be just and equitable. 11. Quiet Enjoyment. Landlord covenants that Tenant shall be placed in possession of the Premises at the commencement of the term of this lease and that during such term Tenant, paying the herein stipulated rental and performing all of the terms and provisions of this lease, shall peaceably hold and enjoy the Premises without hindrance or interruption by Landlord, except that Landlord shall have the right to enter upon the Premises at all reasonable times for the purpose of inspecting same or showing for sale or reletting. 12. Signs. Tenant shall have the right to install an illuminated or non-illuminated sign or signs on the exterior of the Premises, provided such sign or signs do not violate any governmental law, ordinance or regulation and are approved by Landlord in advance. 13. Subordination. This lease shall be subject and subordinate at all times to the present mortgage or to any mortgage which may hereafter be made in substitution thereof as a first lien on the leased property by Landlord. Although no instrument or act on the part of Tenant shall be necessary to effectuate such subordination, Tenant, nevertheless, agrees to promptly execute and deliver such further instruments subordinating this lease to the first lien of the holder of the mortgage note. Tenant hereby appoints Landlord its attorney-in-fact, irrevocably, to execute and deliver any such instrument for Tenant. 14. Expiration of Lease - Holding Over. Upon termination of the lease, whether by expiration of the term or otherwise, Tenant shall peaceably yield unto Landlord the Premises in as good condition as the same may be at the date of commencement of the term hereof, reasonable wear and damage by insured loss, storm or act of God only excepted. Any holding over or repossession by Tenant for any reason whatsoever after termination of this lease shall not operate to renew or extend this lease but shall be construed to be a month-to-month 5 tenancy at 150% of the monthly rental payable for the last month of the lease term. No extension, renewal or change of this lease shall be valid without the written consent of Landlord and Tenant. 15. Default by Tenant. If Tenant shall fail to cure any default within thirty (30) days after written notice (except for payment of rent which shall be five (5) days after written notice) unless the default cannot be cured with such thirty-day period, then a default will only exist if Tenant fails to commence the correcting of such default within such thirty-day period, or fails thereafter to prosecute the correction of such default with reasonable diligence, or if Tenant shall become insolvent or make any assignment for the benefit of creditors or file any voluntary petition under the provision of the Bankruptcy Act, including without limitation, a petition for a reorganization or an arrangement, Landlord shall have the option either to terminate this lease, or without terminating the lease to terminate Tenant's right to possession. Landlord may, without additional notice and without court proceedings, re-enter and repossess the Premises and may remove all persons and property therefrom, using such force as may be necessary, Tenant hereby waiving any claim arising by reason of such re-entry, repossession or removal or by reason of issuance of any distress warrant or writ of sequestration and agreeing to hold Landlord harmless from any such claim. Should Landlord elect to terminate the lease, it may treat the default of Tenant as an entire breach of this lease contract, and Tenant will immediately become liable for the amount prescribed by law as damages. If Landlord should elect to terminate Tenant's right to possession without terminating the lease, Landlord may rent the Premises or any part thereof to any person or persons at such reasonable rental (granting reasonable concessions if necessary) for the account of Tenant, and credit to Tenant any such rental thus received, less the reasonable 6 expense of repossession, remodeling and re-renting. Tenant shall be liable for any deficiency of such rental below the total rental payable hereunder, and such sum or sums shall be paid by Tenant immediately and not in monthly installments. Suits to enforce such liability may be brought by Landlord at any time and from time to time on more occasions. In addition to the above described remedies, Landlord will also have other remedies provided by law in the event of any default by Tenant. 16. Assignment and Subletting. Tenant may only assign or sublet all or any portion of the Premises with permission of Landlord, which permission may be withheld for any reason. 17. Use of Premises. Tenant shall be entitled to use the Premises as a residential treatment center and as a residential child care facility and for no other purpose without the express prior written consent of Landlord. Tenant warrants to Landlord that such use will be permitted by zoning ordinances of Weld County. Failure of Tenant to obtain such zoning prior to March 1 , 2001 shall cause this lease to automatically terminate and Tenant shall forfeit its deposit. 18. Notices. All notices required to be given to a party hereunder shall be deemed to have been fully given on the date the same are deposited in the United States mail, postage prepaid, certified mail, return receipt requested. Unless notice of change of address is given, all notices shall be addressed as follows: TO LANDLORD: Continuum Health Partnerships, Inc. Attention: President 5401 W. 10th Street, Suite 1008 Greeley, Colorado 80634 TO TENANT: Osprey Investments, LLC 633 Remington Street Fort Collins, Colorado 80524 7 19. Purchase Option. During the first year of this lease, Tenant shall have the option of purchasing the Premises for a purchase price of $439,000.00 payable in cash at closing. As consideration for this option Tenant has paid to Landlord $10,000.00 upon execution of this Lease as "Option Consideration." The Option Consideration shall be non- refundable. In order to exercise this option Tenant shall give Landlord written notice of exercise and shall specify a date for closing which date must be within the first year of this lease. At the time of closing the parties shall pro rate any prepaid rent and shall pro rate the taxes for the year of closing based upon the prior years taxes. Landlord shall furnish to Tenant a title insurance commitment in the amount of the purchase price committing the title insurance company to insure good and marketable title to the premises in the name of Tenant and Landlord shall pay the premium thereon. The closing fees shall be borne by the parties equally. At the closing, Landlord shall give to Tenant a good and sufficient special warranty deed conveying the Premises subject only to matters set forth in the title insurance commitment as exceptions. This lease shall terminate at closing. Tenant's right to exercise its purchase option hereunder shall be subject to its full and faithful performance of all of the terms and conditions hereof to be met by Tenant and no purchase option may be exercised or closed if Tenant is in default. It is agreed that Tenant shall receive a credit against the purchase price in the amount of $2,000.00 times the number of months Tenant has paid rent hereunder which credit shall be applied against the purchase price. For example, if Tenant exercises its option to purchases the premises and closes on the same after six months of payment of rent, Tenant would receive a credit of $12,000.00 against the purchase price in addition to the $10,000.00 Option Consideration. 8 20. Miscellaneous. 20.1 . Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 20.2. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 20.3. Execution of Further Documents. The parties agree and covenant to execute any and all further instruments or documents as may be appropriate to fulfill and meet their obligations as intended hereby. 20.4. Certificates of Estoppel. The parties shall, upon the written request of the other party, execute and deliver to the other a certificate verifying the completeness of any attached lease, that the same is, except as modified, in full force and effect, and verifying that the other party is not in default. 20.5. Attorneys Fees. The prevailing party in any litigation or arbitration between the parties with respect to such actions attempting to enforce the terms and conditions of this lease shall be entitled to recover its reasonable attorneys fees. Additionally, Landlord shall be entitled to recover its reasonable attorney's fees incurred in enforcing this Lease even if litigation is not commenced. IN WITNESS WHEREOF the parties have caused this lease to be executed the day and year first above written. TENANT: OSPREY INVESTMENTS, LLC By 9 LANDLORD: CONTINUUM HEALTH PAARTTNERSHIPS, INC. By (kit-- Pfe c',=O The undersigned does hereby unconditionally guaranty that performance of Osprey Investments, LLC. Joel D. Painter 10 ≥ av ...., _ - I. - 1 ' ¢rte 1-1 1P. r,. •i• 4 a Y t. ' ___ vie r•� . • �I •c_ r.it ,V i,,, r4, IrII i y . j ® y 4! , t ,i '' , �..I , • ��- j'�a Y ..p],...ea- 1 j 1 I'\ ',' ' •F 'f r.3 STA" OF COLORADO WATER DIVISION ONE OFFICE OF THE STATE ENGINEER oc Division of Water Resources Department of Natural Resources • 810 9'"Street 2"'Floor rays • Greeley,Colorado 80631 -_ Phone(970)352-8712 Fax(970)392-1816 Bill Owens httpl/water.state.co.us/defaulLhim 'nor Greg E.Welcher Executive Director Hal D.Simpson,P.E State Engineer Richard L.Stenzel Division Engineer January 31, 2001 Weld County Planning Greeley, CO Re: Well Permit Availability/Requirements To Whom It May Concern: I am writing in response to a request from Midway Youth Services Inc. related to an existing well used for lawn watering of less than one acre on their property on east 18th Street in Greeley in the SE %< of the SE '/< of Section 9, T5N,R65W. From the information we have available, it does not appear that this well has a well permit issued by the State Engineer's Office. Since the well was drilled before May, 1972, a well permit for this type of well would not have been required to drill the well. We would consider this well to be "grandfathered"under the provisions of C.R.S. Section 37-92-602(1)(e) and a well permit would only be required if the well needs to be redrilled. However, as long as the uses of the well are limited to those allowed in C.R.S. Section 37-92- 602(1)(e), the principal one here being the irrigation of less than one acre of lawns and gardens, the well may continue to be used without a well permit. Please call me if you have any questions. Sincerely,\<SThtr-Ltzcf7 0�9Ge David L. Nettles, P.E. Assistant Division Engineer DLN:d In/MidwayWel ILtrA.doc I o Ike ((9s P2,,zsze Li °I✓ .60191 {{ �uM )o-,yo•ry ( .. 7 vv aL'aJ 'I 99/ YmBP 1pua tuawas 9 .o7 anuanf/ yDui�) z>a`nv, 0 �. ..f pgb' Yfno5 , I I �!_T. 9. a�� e vrr /��' a Tvz: \ Io vv y at ��1 v ef I / t ilLi 2-11 w y r -v byy _,. �. ', 4,1 Op '1.L.'"%-d:' ro 9,7, a '47:1_1:11) .w,Hwrr-N ti N 4 o Claw in_ . � 0 _ e. _ Iouost la s i6 _ Al sik ii i f-' t __ ..\—k __—----- ..oyc�/ ..qy pnay�anp n f"--.2a,ft,/Y I:: W y e o.:, - ! i1 OE �s�— .� •'"'" ' "-e s.s sr-, OBf Y}'a/V J� — •s9 ynsz (p M. I' /3S •>h-25 I.tnn r?at 5'J LA "S •-5,9/3 706 4 r 12/18/2000 08:12 970482713 JACOB CENTER ,.. PAGE 04 11/ae/2000 06:50 570: )428 ,n.H,yn $yra PLAN REVIEW PLAT • A Site Plan Review Plat shah be prepared after a Site/ten Review application is approved. The plat shall be submitted to the planner end be ready for rung at the Weld County Clerk and Recorder's Office within 30 deys of approval. The plat shell meet the following requirements: • 1. The plat snap be delineated in non-fading permanent black Ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three millimeters or greater in n thickness. The size of each shall be twenty-four inches(24")In height by thirty-six(36")In width. No plat submitted shall contain any form of stick-on-type material such es"sticky-back",adhesive film, or kroy lettering tape. The drawing shall be at sufficient scale to show all necessary detail. or of the original Ink drawl may be submitted. The 2. A photo mylar copy dil9to sensitized mylar copy rig � materiel shall be at least three(3)mils or greater in thickness. 3. The plat submitted wilt contain the original signatures end seals of all parties required to sign the plat If a photo mylar copy or diazo sensitized mylar copy Is submitted, the original signatures and seals shall be contained thereon. r:.:• 4. . The plat shall be titled."Site Plan Review No. ". The Department of Planning Services f;;.''. shat fill in the appropriate number. 6. The plat shall include all of the items approved in the Site Plan Review map. 0, The plat and bear the following certifications: A property Owner's Certificate I , the undersigned,Certify that the uses, buildings, and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the applicable,performance standards and district requirements for the CommeZ .,: Zone District as stated In the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property zy, was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditons could result in the county initiating a compliance action against me. Y,G 5,.•,•• Signs re of roperty Owner The foregoing instrument was subscribed end sworn tot be before me this /0 day of '- �o c ein be , 79��°°°by Try 41O-6u1 ro'CPr WITNESS my hand and official seat My Commission expires: 0/0/ Notary Public r . 9' d .,....f rISF'106F' - _INDIVIDUAL SEWAGE DISIP'OSAL.. SYSTEM PERMIT NO. G-671212 WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL. HEALTH SERVICES 1516 HOSPITAL_ ROAD,, GREELEY, CO 80631 353-0635 EXT 2225 OWNER A R A NEW LIFE CENTER ADDRESS 1819 BIRCH AVE. PH (303) 353-••05: GREELEY CO 80631 ADDRESS OF PROPOSED SYSTEM 1319 BIRCH AVE:. GREELEY CO 80631 LEGAL DESCRIPTION OF SITE : SF•4 Sr4 SEC 9 TWI::' :`.≥ RNG 65 SUBDIVISION : LOT 0 BLOCK 0 FILING 0 (JSE TYPE: : I S T•1:TUT I(:)N SERVICES : PERSONS 72 BATHROOMS 7.20 LOT SIZE 1 .00 ACRES BEDROOMS 72 BASEMENT PLUMBING NO WATER SUPPLY GRELY APPLICATION FEE $0.00 RE C ' I) BY X STAFF SIGNED BY MEL DAVIS DATE 12/12/67 • DATE 12/12/67 PERCOLATION RATE 15.0 MIN PER INCH LIMITING ZONE 0 FEET SOIL.. TYPE SU:I:TABLE PERCENT GROUND SLOPE 0% DIRECTION REQUIRES ENGINEER DESIGN NO FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOII... PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANI< 5000 GALLONS, ABSORPT:I:ON TRENCH SQ. FT. OR ABSORPTION BED SQ. F.T.. IN ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS ANI) CONDITIONS : _-.._ _.. . ............._....._........._..._............._.....__.._...__...---•_-._-._.__..._...--•_-..__...__......_._.. _. THIS PERMIT IS GRANTED TEMPORARILY TO AI...I...OW CONSTRUCTION TO COMMENCE. THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE WELD COUN'T'Y HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE WELD COUNTY :INDIVIDUAL... SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR I.1 NAL APPROVAL . THE ISSUANCE: OF THIS PERMIT DOES NOT CONSTITUTE ASSUMP'T'ION BY THE:: DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OF: :INADEQUACY OF THE SEWAGE DISPOSAL SYSTEM. X STAFF. 12/12/67 ENVIRONMENTAL SPECIALIST DATE THIS PERMIT IS NOT TRANSFERABLE AND SI-IAL..L. BECOME VOID IF SYSTEM CONSTRUCTION i-lAS NOT COMMENCED WITHIN ONE: YEAR OF ITS :ISSUANCE. BEFORE ISSUING FINAL.. APPROVAL CIF:. THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI- TIONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- SIS. FINAL PERMIT AP'P'ROVAL.. IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- PLETED SYSTEM BY THE WEI_.I) COUNTY HEALTH DEPARTMENT. SYSTEM INSTALLER UNKNOWN FINAL. INSPECTION DATE 12/12/67 SYSTEM ENGINEER API::'ROVAL. X STAFF TYPE::: OF SYSTEM INSTALLED TANI< ENVIRONMENTAL SPECIALIST THE ISSUANCE OF THIS. PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY OR L..00Al... REGULATORY OR BUILDING REQUIREMENTS, NOR SHAI...I... IT ACT TO CERTIFY THAT .11•.11:: SUBJECT SYSTEM W:I:I...I... OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND l...(:l(-:E`'II.. REGULATIONS ADOPTED I:'ERSUANT TO ARTICLE 10, TITLE ;'5, CRS 1973, AS AMENDED, EXCEPT FOR THE PURPOSE OF ESTABLISHING FINAL AP'P'ROVAL.. OF AN INSTALLED .SYSTEM FOR ISSUANCE OF A LOCAL.. OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 (2) . ORTT(YTNAi ••••r1I:'E:'I 'Fj':AN'T• : rI'll::'Y•-•JaIr I-In I,ur'1..►p..-r-'I..ic' MAY 40011 I 4 4 Q6 op, --4 '..^ ?vlT "-WY? ono jr QO°J T U ' j l i ) , . 1 1 I 1 1\7 eIi , ? - -- ---- ' � l ti 1 I i0 �o 00P, T[ V{�/ 9/4Q ooh` I•ISF'i 06F-' - .INDIVIDUAL SEWAGE DISPOSAL.. SYSTEM PERMIT NO. G-770007 WELD COUNTY HEALTH DEPARTMENT NT NEW PERMIT E:NVIRONMENTAL. HEALTH SERVICES 1 516 HOSPITAL ROAD , ' GREELEY,(I:.1:::l:::I...I:::Y, CO 80631 353-0635 EXT.225 OWNER A R A NEW LIFE CENTER ADDRESS 1819' BIRCH AVE:. PH (303) 482.02.50 GREELEY CO 80631 ADDRESS OF PROPOSED SYSTEM 1819 BIRCH AVE. GREELEY CO 80631 ' LEGAL DESCRIPTION OF SITE : SEC 13' TWP 5 RNG 65 SUBDIVISION : I._OT 0 BLOCK 0 FILING 0 USE: TYPE : ISTITUT:[ON SF=Fi1:':i:(:'I : PERSONS 1 BATHROOMS 1 .00 . LOT SIZE 1 .00 A(:`.RIS BEDROOMS 0 BASEMENT PLUMBING NO WATER SUPPLY GRE:LY APPLICATION FEE $0.00 . RE::(:: ' D BY X STAFF SIGNED BY JACK WH:LTEHEAD DATE 01 /18/77 DATE 10/18/77 PERCOLATION RATE 7 .5 MIN PER INCH j.IMITING ZONE 0 FEET S(:i:I:l_. TYPE SUITABLE PERCENT GROUND 'SLOPE.E._OE'=1:_ 0/ I):I:RECT'ION REQUIRES ENGINEER DESIGN NO FROM THE APPLICATION :INFORMATION SUPPLIED AND THE ON-..SITE SO1:I... PERCOLATION DATA THE 1- OI...i...(:)W:[NG MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 00 GALLONS, ABSORPTION TRENCH S( . FT. OR ABSORPT:I.(:1N• BED • 300 SQ. FT. IN ADDITION , THIS PERMIT IS SUBJECT TO THE THE .FOLLOWING ADDITIONAL... TERMS AND CONDITIONS : _..__............_._............................._..____.._.._.....:........._......_.. __..._._.__.._................___...._....._....__....___.. _............. THIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONS'T'RUCTION TO COMMENCE. THIS PERMIT MAY BE REVOKED 01<I:::D OR SUSPENDED DY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH H IN THE WELD COUNTY INDIVIDUAL SEWAGE !DISPOSAL SYSTE=M REGULATIONS INCLUDING FAILURE TO MEET ANY TERM OR CONDITION :I:HF'OSE:I) THEREON DURING TEMPORARY OR FINAL. APPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE SEWAGE DISPOSAL.. SYSTEM. X STAFF 02/24/77 ENVIRONMENTAL._ SPECIALIST DATE THIS PERMIT I S NOT TRANSFERABLE AND SHAI...I... BECOME VOID :I:F SYSTEM CONSTRUCTION HAS NOT COMMENCED WITHIN ONE:: YEAR OF ITS :ISSUANCE. BEFORE ORE::: ISSUING FINAL APPROVAL OF THIS PERMIT I:T THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE::: ADDI- TIONAL TERMS AND CONDITIONS REQUIRED TO MEET. OUR REGULATIONS ON A CONTINUING, BA- IS. FINAL PERMIT APPROVAL IS CONTINGENT UPON 'rl"ll FINAL INSPECTION OF THE: COM- PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. SYSTEM INSTALLER UNKNOWN FINAL INSPECTION DATE 04/07/77 SYSTEM Sli:::M ENGINEER APPROVAL X STAFF TYPE OF SYSTEM INSTALLED TANK ENVIRONMENTAL-. SPECIALIST THE ISSUANCE -OF THIS PERM:I:T DOES NOT IMPI...Y •COMPLIANCE WITH OTHER STATE, COUNTY OR L..00:AL. REGULATORY dR BUILDING REQUIREMENTS, NOR SHAL..I... IT ACT TO CERTIFY THAT THE SUBJECT SYSTEM WILL OPERATE IN UHF'I...i ANCE' WITH AF'PI...:I:CAItI...I: STA'T'E, COUNTY AND I.,.(:i(:;nl... REGULATIONS ADOPTED I[RSUANI TO ARTICLE 10, TITLE 25, CRS 1973, AS AMENDED, EXCEPT FOR THE PURPOSE OF ESTABLISHING FINAL... , APPROVAL_ OF AN INSTALLED SYSTEM FOR ISSUANCE OF A L..00AL. OCCUPANCY PERM:I:T PURSUANT TO CRS 1973 25-10-111 (2 ) . ...,.j.f-Ti\IAI -ADP! Tr AMT r,ra.w....ur`Un ,,,um r11r' Mn,,. : C1nA • I-ISP'i 06P .I:NDIVIDU.JAL. SEWAGE DISPOSAL. SYSTEM PERMIT NO. G-810036 WELD COUNTY HEALTH DEPARTMENT REPAIR PERMIT ENVIRONMENTAL A1._ HEALTH SERVICES 1516 HOSPITAL ROAD GREELEY, CO 80631 353-0635 I XT.22 5 OWNER A R A NEW LIFE CENTER ADDRESS 20':0 CLUB HOUSE DR. PH (30:3) 353-72; ' GREELEY CO 80631 ADDRESS OF PROPOSED SYSTEM 1819 BIRCH AVE:. SAME 00000 LEGAL DESCRIPTION OF SITE : SEC 9 TWP 5 RNG 65 SUBDIVISION : LOT 0 BLOCK 0 FILING 0 USE TYPE : ISTITUTION SERVICES : PERSONS 1 BATHROOMS 2.00 LOT SIZE 1 .00 ACRES BEDROOMS 0 BASEMENT PLUMBING NO WATER SUPPLY GRELY APPLICATION FEE $0.00 RE:::f:: ' I) BY X STAFF SIGNED BY DEI.-BERT K IRBY DATE 04/02/8i DATE 04/17/81 PERCOLATION RATE 0.0 MIN PER INCH LIMITING ZONE 0 FEET SOI:I... TYJ-LE SUITABLE PERCENT GROUND SLOPE 0% DIRECTION REQUIRES ENGINEER DESIGN NO FROM THE APPLICATION INFORMA'T'ION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED : SEPTIC TANI< 1250 GALLONS, ABSORPTION TRENCH SQ. FT. OR ABSORPTION BED 840 SQ. FT. IN ADDITION, THIS PERMIT' IS SUBJECT TO THE FOLLOWING ADDITIONAL- TERMS ANT) CONDITIONS :INS THIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCT:I:ON TO COMMENCE. THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE WI:.LI) COUNTY HEALTH DEPARTMENT FOR REASONS SETT FORTH IN 'T'HI::. WELD COUNTY :I:NDIVIDUAI.. SEWAGE DISPOSAL SYSTEM REG'ULA'TIONS INCLUDING FAILURE T'(3 MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL APPROVAL. T'F'IEE:: ISSUANCE OF THIS PERMIT DOESi NOT CONSTITUTE_ ASSUMPTION BY THE DEPARTMENT OR :ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE SEWAGE D.T.SPOSAL SYSTEM. X STAFF 04/17/07 ! ENVIRONMENTAL SPECIALIST DATE TI••IIS PERMIT IS NOT TRANSFERABLE AND SHALL. 'BECOME VOID IF CONSTRUSYSTEMCTION.. �IJC r:F.ON HAS NOT COMMENCED WITHIN ONE: YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL AF'F'ROVAE._ OF THIS PERMIT THE WELD COUN'T'Y HEALTH DEPARTMENT (RESERVES THE: RIGHT TO IMPOSE ADDI- TIONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- SIS. FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM- PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. SYSTEM INSTALLER QUALITY PLUMBING & REPAIR FINAL.. INSPECTION DATE 04/17/87 SYSTEM ENGINEER AF'PR(:#VAL. X STAFF TYPE OF SYS'T'EM INSTALLED TANI< ENVIRONMENTAL SPECIALIST THE ISSUANCE OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY OR LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHAI...L.. IT ACT TO CERTIFY THAT THE SUBJECT SYSTEM W:I:I...I... OPERATE IN COMPLIANCE WITH APPLICABLE STATE COUNTY AND LOCALREGULATIONS ADOPTED r'ERSUANT TO ARTICLE 10, TITLE 25, 'CRS 1973, AS AMENDED, EXCEPT FOR THE PURPOSE OF ESTABLISHING FINAL:. APPROVAL OP AN INSTALLED SYSTEM FOR ISSUANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-••10-••111 (2) . ORIGINAL--APPLICANT ; COPY--WCHI) W(:,F•ID-f:::I•iS NAY, 1904 1/4 K_ A I h Fis'PI 06P INDIVIDUAL. SEWAGE DISPOSAL SYSTEM PERMIT NO. G-732710 WELD COUNTY i-II_:ALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL... HEALTH SERVICES 1516 HOSPITAL ILIAD, GRFELEY, CO 80631 353-0635 EXT.'222 5 OWNER BIRCH AVE. MANOR ADDRESS 1819 BIRCH AVE. PH (303) 353-05: GRI,E:LEY CO 80631 ADDRESS OF PROPOSED SYSTEM 1819 BIRCH AVE. GREEI...EY CO 80631 LEGAL DESCRIPTION OF SITE : SE4 5E4 SEC 9 TWF' 5 RNG 65 SUBDIVISION : LOT 0 BLOCK 0 FILING 0 USE TYPE : ISTIT(JTION SERVICES : PERSONS 74 BATHROOMS 260 LOT SIZE 1 .00 ACRES BEDROOMS 35 BASEMENT PLUMBING NO WATER SUPPLY GREL.Y APPLICATION FEE $0.00 REC ' D BY X STAFF SIGNED BY LOUISE WARNER DATE ii /21 /13 DATE 11 /24 /73 PERCOLATION RATE 0.0 MIN PER INCH LIMITING ZONE 0 FEET SOJ:1.., TYPE SUITABLE PERCENT GROUND SLOPE 0% DIRECTION REQUIRES ENGINEER DESIGN NO FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITU SOIL_ PERCOLATION RCOI...ATION DATA THE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE: REQUIRED : SEPTIC TANK 00 GALLONS, ABSORPTION TRENCH SQ. FT. OR ADSORPTION BED SQ. FT. IN ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS : OND:I:TI0NS : .............._.._.._......_........_...................._._._._...___....._..._......................_......__.._.._..___..._____.................__............__.._..._._.._.__._-....._..._............................ THIS PERMIT IS GRANTED TEMPORARILY TO AL..I...OW CONSTRUCTION TO COMMENCE. THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE: WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET FORTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURIN(. TEMPORARY OR FINAL.. APPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY 'T'IIL :()I:::F'ARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE SEWAGE DISPOSAL SYSTEM. X STAFF 11 /23/73 ENVIRONMENTAL SPECIALIST DATE THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HAS NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING F:INAL.. APPROVAL OF THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI— TIONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA— SIS. FINAL... PERMIT Al- PROVAL... IS CONTINGENT UPON III FINAL INSPECTION OF THE: COM— PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. SYSTEM INSTALLER UNKNOWN FINAL INSPECTION DATE: if / _'3/7 3 SYSTEM ENGINEER APPROVAL X STAFF TYPE': OF SYSTEM INSTALLED TANK ENVIRONMENTAL SPECIALIST THE :ISSUANCE. OF. THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE , COUNTY (:IF'' I...U(.:AI... REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT .(I..11 SUBJECT SYSTEM W:I:I...I... OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND i...00AL REGULATIONS ADOPTED PERSUJANT TO ARTICLE 10, TITI...E 25, CRS 1973, AS AMENDED, EXCEPT T FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR :ISSUANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1 973 25-10—iii (2) . ni'TcTmAI ....,1I;;I:;I Ti' \l'P . f^i c:.v....ur1..fm Itt•'I 1\ uttt•' unv irunn WELD COUNTY HEALTH DEPARTMENT 1555 17th Ave.l p Greeley,,Colorado No. �/6O 72 2/ 3k Application for Permit to Install, Construct, Alter or Repair Individual Sewage Disposal System. Owic;:yr Sponsor �iy Address Phone u-4 / Lruwe�,,r7.4tm/ /F/9- - OS s. s— Address of Site �+ " S SEµ Sw 9 r -t; S•1 L s.• Mailing Address /8/ / ��—c�%C General Information Septic Tank 1. Living Units I- A.A . ` *- o 1. Liquid Capacity Gallons 2. No. of Bedrooms ( y 75! 2. Dimensions W L D 3. No. of Baths 3. Material 4. Basement Drain 4. Type Inlet 5. Automatic Dishwasher — j Type Outlet 6. Garbage Disposal 7. Automatic Laundry Secondary Treatment 8. Size of Lot 9. Type of Soil — Field Bed 10. Percolation Test 1. No.of distribution lines 11. Water Supply — 2. Trench: Width Length 12. Lot Grade 13. Water Table Depth 3. Type Filler Material 14. Other O t. 4. Depth of Filler Material 6. Gravel Size 6. Type Tile 7. Depth of Cover 8. Other The Permit is to remain in full force and effect for six (6) months from date, until revoked for non-compliance. This system will be constructed in accordance with the above specifications and regulations governing non- municipal sewage disposal systems, in accordance with Regulation No. 1 of the Weld County Health De- partment. p Date: cwe--,-s.1L .� �i /9 72- Applica! • c.-.c. cA_ Zelet fistG ...401 y . The pl s and specifications as shown are approved, pending payment of permit fee. Sanitarian:. _— yjy�i�'+� Date: _�� ! The above system inspected and found to comply with the plan and description. Installed by Date: f4/79 Sanitarian: a PERMIT FEE $ r-get--- /� Received byDate / / 7Please use revers Plot separate sheet of paper. r jl a—► f \h N. O A O .4.—w —A c \ \ ?f tb ; I � • It• NN / •; ti - /2 c.7‘ i N ji‘ \ / ea t j\ or nojop 'k777tb b£bo-£6£ 2uorr/r7G rtrlanbo rrca7g 6lgl PT 'tozror ?ratan rig WEI^ COUNTY HEALTH DEPThTNIENT 1555 17th Ave. Ip Greeley, Colorado No. ��iJ 7z.Z/ E S2 Application for Permit to Install, Construct, Alter or Repair Individual Sewage Disposal System. Owner:r Sponsor Address Phone r 7 r Spans iii.., _-.. .e.u1 /if�l i E p s-3 — l5 3 Address of Site 8 E'1 5.E �, 61- 7- S R L c Mailing Address /91 7 & t/'-L General Information JJ (( Septic Tank 1. Living Units !- �+r i_ -,• 5A- ,.�.u, 1. Liquid Capacity Gallons 2. No. of Bedrooms - L'7 7f/. 2. Dimensions W L D 3. No. of Baths k.„/ l 3. Material 4. Basement Drain 4. Type Inlet 5. Automatic Dishwasher — c./ Type Type Outlet 6. Garbage Disposal �t�✓ 7. Automatic Laundry �.e-ac1 Secondary Treatment 8. Size of Lot 9. Type of Soil .3.fiz.. — 3 _ Field Bed . 10. Percolation Test , // // 11. Water Supply - Qiir 1. No, of distribution lines 2. Trench: Width Lengt 12. Lot Grade �/ 13. Water Table Depth /� 3. Type Filler Material 14. Other ad 0 5-ov 6 fart r 4. Depth of Filler Material v 5. Gravel Size 6. Type Tile 7. Depth of Cover 8. Other The Permit is to remain in full force and effect for six (6) months from date, until revoked for non-compliance. This system will be constructed in accordance with the above specifications and regulations governing non- municipal sewage disposal systems, in accordance with Regulation No. 1 of the Weld County Health De- partment. i" ,-, Date: a.�,.,. / L!G 7,---- g�• s�� lJ//'i�Applica The pl s and specifications as shown are approved, pending payment of permit fee. Sanitarian: ....a.-- r��i Date: V9.-- `2 The above system inspected and found to comply with the plan and description. Installed by // 74/7 y3/� Date: , 07 _ Sanitarian: / �C�,. a et, / �' PERMIT FEE $ t9 S'- ! �f Received by Date // """ 4-2 _ / L Please use revers side for Plot gan or use separate sheet of paper. ,.....a..•._ r1SF'1 06P - .INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT NO. G-671211 WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD, GREELEY, CO (30631 353-0635 EXT.2225 OWNER A R A NEW LIFE CENTER ADDRESS 1819 BIRCH AVE. PH (303) 3'53--0:: GREELEY CO 80631 ADDRESS (:'I PROPOSED SYSTEM 1819 BIRCH AVE. GREELEY CO 80631 LEGAL DESCRIPTION OF SITE : SE4 SE4 SEC 9 TWP 5 RNG 6 SUBDIVISION : LOT 0 BLOCK 0 FILING ) USE TYPE : :I: 'T'ITI.JTION SERVICES : PERSONS 72 BATHROOMS 7.20 Lt11 SIZE 1 .00 ACRES BEDROOMS 72 EASEMENT PLUMBING NO WATER SUPPLY GRELY APPLICATION FEE $0.00 RI:::C ' l; BY X STAFF SIGNED BY Mk:_I... DAVIS DATE E 1 '7)/12/67 DATE 12/12/67 PERCOLATION RATE 15.0 MIN PER TENCH LIMITING ZONE 0 FEET SO:I:E... TYPE I SUITABLE PERCENT GROUND .'LOPE 0 DIRECTION REQUIRES ENGINEER DESIGN NO FROM THE APPLICATION INFORMATION SUPPLIED AND THE ON-SITE SOIL PERCOLATION DATA THE FOLLOWING MINIMUM INSTALLATION LLAT.ION SPECIFICATIONS ARE REQUIRED : SEPTIC TANK 5000 GALLONS, ABSORPTION TRENCH SQ. FT OR ABSORPTION :CBI) SQ. FT. IN ADDITION, THIS PERMIT I,: SUBJECT TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS : _-_. _ ......................_..............__..._._..._.._....._......... ..._.........._.._....._.._.....__...._.............._ _.._._....__._.....____..__.._........_...__....... ____ I•I1:;:; FEF':M:ITT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE . THIS PERMIT MAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SET. FORTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDING FAILURE TO iii.::I.T ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL APPROVAL. THE ISSUANCE: OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR TI"IE: FAILURE OR INADEQUACY OFF THE SEWAGE DISPOSAL SYSTEM. X STAFF 12/12/67 ENVIRONMENTAL SPECIALIST DATE:: THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION l-Ir1« NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL OF THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI-- TIONAL. TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA- SIS. FINAL PERMIT APF'ROVAI... IS CONTINGENT UPON THE FINAL. INSPECTION OF THE COM- PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT. SYSTEM INSTALLER UNKNOWN FINAL INSPECTION DATE 12/12/67 SYSTEM ENGINEER APPROVAL X STAFF TYPE OF SYSTEM INSTALLED TANK ENVIRONMENTAL SPECIALIST THE ISSUANCE- OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY OR LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL IT ACT TO CERTIFY THAT THE SUBJECT SYSTEM WILL OPERATE IN COMPLIANCE WITH APPLICABLE STATE, COUNTY AND LOCAL. REGULATIONS ADOPTED PERSUANT TO ARTICLE 10, TITLE 25, CRS 1973, AS AMENDED, EXCEPT FOR THE PURPOSE OF ESTABLISHING FINAL APPROVAL OF AN INSTALLED SYSTEM FOR ISSUANCE OF A LOCAL OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 (2) . rii .i.r...I \I,`•,r ....AI..'I'r Tr/WT . r^riiw....1.rr''r..in _ r.,ruri.._L'r_r" MA'/ 40+3;i STATE OF COLORADO WATER DIVISION ONE OFFICE OF THE STATE ENGINEER Division of Water Resources f�<� ��-. ' - Department of Natural Resources .� 810 9'"Street,2n°Floor •re7c' Greeley,Colorado 80631 Phone(970)352-8712 Fax(970)392-1816 Bill Owens http://water.state.co.usklefaulthtm Governor Greg E.Welcher Executive Director Hal D.Simpson.P.E State Engineer Richard I..Stenzel Division Engineer January 31, 2001 Weld County Planning Greeley, CO Re: Well Permit Availability/Requirements To Whom It May Concern: I am writing in response to a request from Midway Youth Services Inc. related to an existing well used for lawn watering of less than one acre on their property on east le Street in Greeley in the SE '/4 of the SE '/ of Section 9, T5N,R65W. From the information we have available, it does not appear that this well has a well permit issued by the State Engineer's Office. Since the well was drilled before May, 1972, a well permit for this type of well would not have been required to drill the well. We would consider this well to be "grandfathered"under the provisions of C.R.S. Section 37-92-602(1)(e) and a well permit would only be required if the well needs to be redrilled. However, as long as the uses of the well are limited to those allowed in C.R.S. Section 37-92- 602(1)(e), the principal one here being the irrigation of less than one acre of lawns and gardens, the well may continue to be used without a well permit. Please call me if you have any questions. Sincerely, $ 6' n David L. Nettles, P.E. Assistant Division Engineer DLN:d In/MidwayWellLtrA.doc t .-tw,i.:&..��..el 'r- t\ t �J !T. y. a at. ' al.ti t.k 4 t. L....7 ...7' , .a%=s•,•r 4• r� .� '^� 2' j/S" iwy.. 'rt.., :r + •;°G's`s :--,,,..11.47„tc.-- n "-�'.^' T.. $ I •ri %s * v. ex t ',i0'7 : • its .-4,.,'" r Tk { v �`,�"' w '�-.� cy, "2-;1=-.).-;(-1';,:-` t r• _ s2,..- .. 2%-:-±-,,� .L_c, � f {iy',. .,�'s''+' ^.r+ V NT OFNati, A ',0 9aILD NG on cDAwLE)u+A�aEpF APPIJCABLE) _ w �, IBS�Af ' f��,�AER � IJ �cCQ.n`�C,�5�''.l�ON��C,� Sc }} rtl YAJ:liLL'K `E ' 197 052 JAY�F H/Y .APPOINTMENT • 97e "JJL-.< 5 SQUARE FEET 1 FPU FOXED PROTX, ,q 1 .-1ST ''''i IT FKVPERTY i '.}.�� .FAX NUMBER E BUILDING I @I.IN ti lEALTH PA4TNERSHT_P. DAVE RR«�N F �U4 t.)J. XU.. .Li 7j ETeODREBSJ - BUILDING MA3I Gf{$ T�EEf ADDRESS tU1 V' '�T J "Sj' G tilaL{)IN(if1'wlJ�R'f Ct]Y STATF�A�lD LP CODE BUI�D R�NA7FR'c CITY STATE,AND LP CODE t :, L'� 1.3.-.47-.L.,...1 ,' ! 0.... 1 H CONTACT PERSON FOR BUILDING 200 _ ,'BUSINESS PHONE - CONTACT PERSON FOR BUILDING 8 BUSINESS PHONE i IFIRSLEAIF_fiOENC*�ONTACT -t` HOME PHONE SECOND EMERGENCY CONTACT 7 d ti L' R HOME PHONE ! t I , , . , . -a 15 Ur44, _ 4CRAN '-'AGER; 4"0; :;35-2130 J Lr i/- c : Y. .rte 7" /-}:i.;L c,. .LZ-. FIRE CObE VIOLATIONS VIOLATION 3 (SEE BACK) LOCATION OF VIOLATION AND ADDITIONAL COMMENTS - K i i 11 1 I . 'I ' IIf � � i � l tilt It ' • t ( It . , tIi -;1 ;,tI ". 1 $ I i tj � . . � � t N rbut ill 4rps Wn has twpi.Rh of aaaai (ppiNeeatotietemtlne H aXX ha or Bla triards must.The Inepactbris ea was`matasto determineI arty viola",s tlw Jlglxxm Fit . al MtlWatlmr ba abss.Mal4.;Mit anal serve as your official soaks.Al Ylowkrr mast be corroded imnadiateI A rslrmptarai! M pan*, ba{riEde'at a �Muo 1st �w co onab'lRmcomctvkletlonadwa(ww.n»wmeroftheampertyorotM{rsayon.@IlgeraarLmbsrpos.mMvl�ofdaka4looel; torcat dmtlon tngiWlauad inlet'will*"an appawbe by you H court• Should you Mad m erci i$ tlntl mi h4S5on ooJthL the Gr4$Co)ory 3Fts its it am fn scutala d this n report end am aw z ofthr akaa uW hI lea teak. a} ''-,..."'t aFAffin�9LOYRE�FYI t ; - -"ti 9:hail annESPON5IBLEPARTY,� f."4 # t TLE t .' ", . .TF,g k ittaitt /�: ,:;244.1.3n -"1"-,,,4.1v. f l s 14,•' ; 14c k -4K '..e 'd.•`a." . .s s..'x" V' .: ; DATECOMPIETED � ,s. _ 'gam c t !-'41'.. ,o....vY Sa�. # a •_ •. ' 'f.m _ F J, '•+�.t� ,4 "rite4 -'t' r .- M 05 4«� a' ' ;A .!;:r4 i .7l `14w . A t e M1. .3 IMIEdATEBYA�JIU". ": fi 3L E. 4.- OaaF Y 100a0AlaaallprascostnewracamouniEs,ALL ilo4isfEsERV®'-tMAL ra nuptiCAT1IXfatf CTLYPRosilefraytr4.c.a'.Ye `*.REOSEaftr.t MIDWAY YOUTH SERVICES 913 11th Ave. 729 Remington St. 1516 Remington St. Greeley, CO 80631 Ft. Collins, CO 80524 Ft. Collins, CO 80524 (970) 352-2852 (970) 484-8427 (970) 484-7447 (970) 352-4428 (fax) (970)482-8713 (fax) (970) 484-7471 (fax) December 28, 2001 City of Greeley Water and Sewer Department 1100 10th Street, 3rd Floor Greeley, CO 80631 RE: Case #SPR344 Parcel # 0961 09 4000046 To Whom it May Concern: The following is in response to the statement issued by Doris Biehl, Water and Sewer Permit Technician on November 15, 2000 regarding the property located at 1819 Birch Avenue, Weld County. Midway Youth Services intends to utilize only the existing sewer and water utilities and does not plan to request additional services. Midway Youth Services understands that future requests for additional services will be contingent upon the City's ordinances, resolutions, and fees in effect at the time of the request. Sincerely, C� (2.4, Cheryl Ruh Program Director Midway Youth Services Water and Sewer Department City of 1100 10'h Street, 3`'Floor • Greeley, CO 80631 • (970) 350-9812 Gredey November 15, 2000 Mr. Dave Moran 1116 Ninth Street Greeley, CO 80631 Re: 1819 Birch Avenue, Greeley, Colorado Dear Mr. Moran: The City of Greeley provides water and sewer service to 1819 Birch Avenue, located in Weld County. This service is evidenced by Account No. 062-769347-01. The Water and Sewer Department does not guarantee that the existing water and sewer taps are adequately sized to serve any changes in use at this facility. Any future requests for additional water or sewer taps, or upgrades in sizes of taps, shall be contingent upon the City's ordinances, resolutions, and fees in effect at the time of the request. Please call me at 970-350-9810 if you should have any questions or concerns. Sincerely, er Doris Biehl Water and Sewer Permit Technician SERVING O ❑ R COMMUNITY • I T ' S A TRADITION De promise to preserve andimprooe tie rual y°PIC for ri-'reeley i/rrou9/i timely, courteous and'cost effective service. Hello