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HomeMy WebLinkAbout20001091.tiff r RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1264 FOR A CHILD CARE CENTER IN THE A(AGRICULTURAL) ZONE DISTRICT - STEVE AND SHERYL SENESAC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 7th day of June, 2000, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Steve and Sheryl Senesac, 2025 Weld County Road 36, Mead, Colorado 80542, for a Site Specific Development Plan and Use by Special Review Permit#1264 for a Child Care Center in the A (Agricultural) Zone District on the following described real estate, to- wit: Part of the SW1/4 SW1/4 of Section 4, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Keith Ames, Architect, at said hearing, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. Section 24.4.2.1 —This proposal is consistent with the Weld County Comprehensive Plan which allows for uses to locate and operate in the Agricultural Zone District when the impact to surrounding properties is minimal, and where adequate services and infrastructure are available. b. Section 24.4.2.2 —This proposal is consistent with the intent of the A (Agricultural) Zone District in that no prime productive farm ground is being taken out of production. 7C • Sai¢5QC, hL , , 131 , HL 2000-101 0 0 1 109 SPECIAL REVIEW PERMIT#1264 - STEVE AND SHERYL SENESAC PAGE 2 c. Section 24.4.2.3 — The proposal will be compatible with the existing surrounding land use which is large-lot residential use to the north, south, east and west. Highland Lake is to the west, and the Town of Mead is approximately one mile east of the site. d. Section 24.4.2.4—The proposed use will be compatible with the future development of the surrounding area as permitted by the A (Agricultural) Zone District and with the future development as projected by the Comprehensive Plan or Master Plans of affected municipalities. The Town of Mead found no conflicts with its interests. e. Section 24.4.2.5 —The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.4.2.6 —The property is located on a one-acre corner lot in an urbanized area. The subject property is not productive farm ground. g. Section 24.4.2.7 — The Design Standards (Section 24.5 of the Weld County Zoning Ordinance), Operation Standards (Section 24.6 of the Weld County Zoning Ordinance), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Steve and Sheryl Senesac for a Site Specific Development Plan and Use by Special Review Permit #1264 for a Child Care Center in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The septic system shall be reviewed by a Colorado registered professional engineer. The review shall consist of observation of the system and a technical review describing the system's ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed, the system shall be brought into compliance with current regulations. 2000-1091 PL1416 SPECIAL REVIEW PERMIT #1264 - STEVE AND SHERYL SENESAC PAGE 3 B. The 1997 Uniform Building Code classifies every building by occupancy. Assuming that there will be two adults (father and mother), five children, and three non-related pre-schoolers, the building would be classified as a "B" Occupancy. Any change in the number or ages of persons using this building could make the building either an "E" or "I" Occupancy. "E" and "I" occupancies pose a greater danger to the occupants of the building, and as a result, carry a greater number of restrictions. Before making a determination of the occupancy, more information will be needed along with a floor plan. The applicant shall submit additional information to the Department of Building Inspection. C. At such time as Weld County Road 36 is improved between Weld County Roads 5 and 7, the existing perimeter security fence shall be relocated outside of the right-of-way. This fence shall be moved back to the property line, thereby clearing the road right-of-way and enabling future road expansion to occur at this location. Weld County Road 36 is designated on the Weld County Transportation Plan Map as a local gravel road with sixty (60) feet of right-of-way. D. A complete background check will be made to determine that the proper permits and inspections were preformed. Existing construction will be inspected and appropriate permits obtained from the Weld County Inspection Department. Evidence of Building Inspection approval shall be submitted to the Department of Planning Services. E. The applicant shall provide evidence of a permit, or apply for a permit through the Division of Child Care at the Colorado Department of Human Services. 3. Additional requirements or changes may be required when building applications or plans are reviewed by the Weld County Building Inspection Department or the Mountain View Fire Protection District. 4. The proposed access to the facility shall be a graded and drained all weather access. 5. The facility shall comply with the Rules Regulating Child Care Centers and Child Care Facilities. 6. The facility shall comply with the rules and regulations governing the sanitation of Child Care Centers in the State of Colorado. 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued, on the property until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 2000-1091 PL1416 SPECIAL REVIEW PERMIT#1264 - STEVE AND SHERYL SENESAC PAGE 4 8. The legal lot line shall be determined and shown on the plat. The applicant shall provide evidence regarding the status of adverse possession proceedings. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 4.44ril / EXCUSED DATE OF SIGNING (AYE) / Barbara J. Kirkmeyer, Chair Weld County Clerk to th_ Bo: -, ' `' EXCUSED DATE OF SIGNING (AYE) M. J. G ile, Pro-Tem7 BY: /. ., .. Deputy Clerk to the B (fly ` �� , George . Baxter A ED AS TO FO Dale K. Ha I, T mporary Chair unt t o 4 'Glenn Vaad 2000-1091 PL1416 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS STEVE AND SHERYL SENESAC USR#1264 1. The Site Specific Development Plan and Use by Special Review Permit is for a Child Care Center in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. All liquid and solid wastes (as defined in the Solid Waste Disposal Sites and Facilities Act, Section 30-20-101, C.R.S.)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. The facility shall utilize the existing public water supply (Little Thompson Water). 7. Adequate toilet facilities shall be provided for the public. 8. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to Section 25-12-102, C.R.S. 9. There shall be no staging, parking, or dropping off children on Weld County Road 36. The parking spaces within the facility shall be utilized. 10. The gravel parking lot shall be graded and drained with an all weather surface. The Department of Public Works requires a minimum of three inches of base course be placed on the parking lot. 11. The building shall maintain distances from the property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. 12. If the building is classified as a Group E Occupancy, all provisions of the Uniform Fire Code and Uniform Building Code for that occupancy must be met. 13. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 2000-1091 PL1416 DEVELOPMENT STANDARDS - STEVE AND SHERYL SENESAC (USR#1264) PAGE 2 16. Personnel from the Weld County Departments of Public Health and Environment and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 17. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2000-1091 PL1416 Hello