HomeMy WebLinkAbout971304.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT
#1150 FOR A COMMERCIAL USE (RESIDENTIAL CHILD CARE FACILITY) IN THE A
(AGRICULTURAL) ZONE DISTRICT - KENNETH AND JAY LITTLEFIELD /
CHILDREN'S ARK, INC.
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 9th day of
July, 1997, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Kenneth and Jay Littlefield, Children's ARK, Inc., 20 Cooper Court, Fort
Morgan, Colorado 80701, for a Site Specific Development Plan and Special Review Permit
#1150 for a commercial use (Residential Child Care Facility) in the A (Agricultural) Zone District
on the following described real estate, to-wit:
The SW1/4 of Section 23, Township 8 North, Range 58
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant, Jay Littlefield, was present 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 commercial and industrial uses to
locate in the Agricultural Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
available.
971304
dC /AL)/)42 L.17`l eld PL1152
SPECIAL REVIEW PERMIT#1150 - KENNETH AND JAY LITTLEFIELD / CHILDREN'S ARK,
INC.
PAGE 2
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.
C. Section 24.4.2.3 -- The proposal will be compatible with the existing
surrounding land uses which are the Town of New Raymer to the south
and vacant ground to the north, west and east.
D. Section 24.4.2.4 -- The proposed use will be compatible with 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 Plan of affected municipalities. The Town
of New Raymer reviewed this request and has no conflict of interest.
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 gently rolling hills. 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 health, safety, and welfare of the inhabitants of the
neighborhood and county.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Kenneth and Jay Littlefield, Children's ARK, Inc.
for a Site Specific Development Plan and Special Review Permit#1150 for a commercial use
(Residential Child Care Facility) 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 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 15
days of approval by the Board of County Commissioners.
2. Prior to recording the plat:
The E.P.S. Division of the Weld County Health Department was unable to locate
a septic permit for the septic system which is currently serving the existing
residence (referred to as house#1 on the submitted materials). The septic
971304
PL1152
SPECIAL REVIEW PERMIT#1150 - KENNETH AND JAY LITTLEFIELD / CHILDREN'S ARK,
INC.
PAGE 3
system serving this structure must be permitted. Prior to permitting, the Health
Department or a Registered Professional Engineer must conduct an I.S.D.S.
evaluation of the system to determine the ability of the system to handle the
proposed hydraulic load. In the event the system is found to be inadequately
sized or constructed the system shall be brought into compliance with current
Weld County I.S.D.S. Regulations.
3. In the event the facility reaches 25 or more year-round residents
(staff/children/family) which rely on groundwater as the source of water, the
facility shall submit a plan review to the Drinking Water Section of the Colorado
Department of Public Health and Environment. The water system shall comply
with the requirements for a community water system as defined in the Primary
Drinking Water Regulations (5 CCR 1003-1).
4. If required by the Weld County Health Department, the applicant shall obtain a
storm water discharge permit from the Colorado Department of Public Health
and Environment, Water Quality Control Division.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of July, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
.4.
,�7�����/ WELD C UNTY, COLOR�DO
.P G��' George E�Baxter, Chair
1 1iti- ft the Board
1
(� }at./ FXCIISFI� DATF OF SIfNINf (AYF
® / Constance L. Harbert, Pro-Tem
D p y lerk to the Board EXCUSED
Dale K. Hall
APPROVED AS TO FORM:
�� EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer m .y A rney — 1 i I�%�/ye
W. H. Webster
971304
PL1152
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KENNETH AND JAY LITTLEFIELD / CHILDREN'S ARK, INC.
USR #1150
1. The Site Specific Development Plan and Special Use Permit is for a Commercial Use
(Residential Child Care Facility) in the A (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.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance, as amended.
3. The facility shall allow for youths of ages permitted by the pertinent licensing authority.
The facility shall be composed of three (3) homes. Each home shall house no more
than eight (8) youths and two (2) house parents.
4. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
5. No permanent disposal of wastes shall be permitted at this site.
6. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
7. Fugitive dust shall be controlled on this site.
8. The maximum permissible noise level shall not exceed the commercial limit of 55 db(A),
as measured according to §25-12-102, Colorado Revised Statutes. This standard shall
be monitored and enforced only as the result of an adjacent property owner complaint.
9. Individual sewage disposed systems shall be required for the proposed additional
structures (indicated as house #2 and #3 on the submitted materials).
10. The facility shall comply with the rules and regulations governing the Sanitation of Child
Care Centers in the State of Colorado (authorized by §25-1-107(m), §25-1-108(I)(c)(I),
and §25-5-508, C.R.S. as amended) and all rules and regulations as administered by
the Weld County Department of Social Services.
11. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance, as amended.
12. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance, as amended.
13. The Special Use Permit shall adhere to the agreement regarding educational services
between the applicant and the Prairie School District.
971304
PL1152
DEVELOPMENT STANDARDS - KENNETH AND JAY LITTLEFIELD, CHILDREN'S ARK, INC.
(USR #1150)
PAGE 2
14. Personnel from the Weld County Health Department and Weld County Department of
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 hereon and all applicable Weld County regulations.
15. The Special Review area shall be limited to the plans shown hereon and governed by
the foregoing standards and all applicable Weld County regulations. Major 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 Planning Commission 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.
971304
PL1152
Hello