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HomeMy WebLinkAbout20001092.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Stephen Mokray that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: PLANNER: Kim Ogle CASE NUMBER: USR-1264 APPLICANT: Sheryl Senesac ADDRESS: 2025 Weld County Road 36, Mead 80542 - REQUEST: A Site Specific Development Plan and a Special Review Permit for a Child Care Center in the Agricultural Zone District LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 4, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to WCR 36; East of and adjacent to WCR 5 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance, as amended. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance, as amended, as follows: a. Section 24.3.1.1 --This proposal is consistent with the Weld County Comprehensive Plan that 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 24.3.1.2--This proposal is consistent with the intent of the Agricultural Zone District in that no prime productive farm ground is being taken out of production. c. Section 24.3.1.3 --The proposal will be compatible with the existing surrounding land use that include 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 24.3.1.4 —The proposed use will be compatible with future development of the surrounding area as permitted by the 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 their interests. e. Section 24.3.1.5--The proposal is not located within the Overlay District Areas identified by maps officially adopted by Weld County. f. Section 24.3.1.6 --The property is located on a one acre corner lot in an urbanized area. The subject property is not productive farm ground. EXHIBIT 2000-1092 use *mg/ f Llc l(to RESOLUTION, USR-1264 Sheryl Senesac Page 2 g. Section 24.3.1.7 -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. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. 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. (Dept. of Planning) 2. Prior to recording the plat: A. A detailed landscaping plan identifying the number, size and species of landscaping materials/buffering materials,shall be submitted to the Department of Planning Services for review and approval. The plan shall also address maintenance of the landscaping materials and potential replacement of dying materials. The approved plan shall be delineated on the plat map. (Dept. of Planning) B. 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 systems 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. (Department of Public Health and Environment) C. 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. (Building Inspection) D. The existing perimeter security fence is located within the Colunty 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. WCR 36 is designated on the Weld County Transportation Plan Map as a local gravel road with sixty(60)feet of right-of-way. (Departments of Public Works, Planning) RESOLUTION, USR-1264 Sheryl Senesac Page 3 E. 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. (Departments of Building Inspection, Planning) F. 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. (Department of Public Health and Environment) 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. (Building Inspection) 4. The proposed access to the facility shall be a graded and drained all weather access. (Department of Public Works) 5. The facility shall comply with the Rules Regulating Child Care Centers and Child Care Facilities. (Department of Human Services) 6. The facility shall comply with the rules and regulations governing the sanitiation of Child Care Centers in the State of Colorado. (Colorado Department of Health Consumer Protection Division) 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning) Motion seconded by Cristie Nicklas. VOTE: For Passage Against Passage Fred Walker Cristie Nicklas Arlan Marrs Bryant Gimlin Jack Epple Stephen Mokray Cathy Clamp The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. RESOLUTION, USR-1264 Sheryl Senesac Page 4 CERTIFICATION OF COPY I, Trisha Swanson, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 2, 2000. Dated the 2n° of May, 2000. CThitt:94 Trisha Swanson Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Sheryl Senesac USR-1264 1. The Site Specific Development Plan and Special Use Permit is for a Child Care Center in the Agricultural Zone District, as indicated in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. (Department of Planning) 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. (Department of Planning) 3. All liquid and solid wastes(as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 101, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The facility shall utilize the existing public water supply (Little Thompson Water). (Department of Public Health and Environment) 7. Adequate toilet facilities shall be provided for the public. (Department of Public Health and Environment) 8. The maximum permissible noise level shall not exceed the residential limit of 55 db(A)as measured according to 25-12-102,Colorado Revised Statues. (Department of Public Health and Environment) 9. The landscaping on site shall be maintained in accordance with the approved landscaping plan. (Department of Planning) 10. There shall be no staging, parking,or dropping off children on WCR 36. The parking spaces within the facility shall be utilized. (Department of Public Works) 11. 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. (Department of Public Works) 12. The building shall maintain distances from the property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. (Department of Building Inspection) 13. An engineered foundation is required. Foundation drawings shall be based on a site-specific geo- technical report or an "open hole" inspection. (Department of Building Inspection) 14. 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. (Mountain View Fire Protection District) 15. All construction on the property shall be in accordance with the Weld County Building Code Ordinance. (Department of Planning) 16. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 18. 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. 19. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 20. 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. Hello