HomeMy WebLinkAbout20080689.tiff BEFORE THOELD COUNTY, COLORADO, PLANNINCI.MMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Roy Spitzer, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1645
APPLICANT: Brad&Jolene Luster
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot A of RE-3880; part of the NE4 of Section 33,T5N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Home Business
(parking of trucks and equipment)in the(A)Agricultural Zone District.
LOCATION: 1/2 mile south of CR 52 and west of and adjacent to CR 43.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Weld County Planning Commission that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 --The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-60 A.Goal 1 states, "Conserve agricultural land for agricultural purposes
which foster the economic health and continuance of agriculture." The area consists of
approximately 13.76 acres and already has existing buildings and improvements making it
impractical to farm the site.
• B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.O of the Weld County Code provides for a
Home Business as a Use by Special Review in the A(Agricultural)Zone District.
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the
existing surrounding land uses. The proposed home business will be approximately 1/8
of a mile north of the nearest residence to the south and 1/8 of a mile from the nearest
residences to the north. All parking of vehicles will occur indoors. Attached Development
Standards and Conditions of Approval will ensure that this use is compatible with adjacent
uses.
D. Section 23-2-220.A.4--The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the
future development as projected by Chapter 22 of the Weld County Code and any other
applicable code provisions or ordinances in effect, or the adopted Master Plans of
affected municipalities. The site is located within the 3-mile referral area for the Town of
LaSalle and the City of Greeley and Evans. The Town LaSalle and the City of Evans and
Greeley, in their referrals dated December 10, 2007, January 9, 2008 and December 21,
2007 respectively, indicated no conflicts with their interests.
E. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
• EXHIBIT
I F
2008-0689
Lam'�1:�1►fit
Resolution USR-1645 • •
Brad&Jolene Luster
Page 2
• F. Section 23-2-220.A.6--The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site is located
in land designated as "irrigated, non-prime" according to the according to the U.S.D.A.
Soil Conservation Map, dated 1979.
G. Section 23-2-220.A.7 --The Design Standards(Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Section 23-4-400—The attached conditions of approval and development standards will
ensure that the home business will be operated in accordance with the Weld County
Code.
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.
VIOLATION NOTICE (ZCV07-01140)
The Weld County Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1645. (Department of Planning Services)
B. The plat shall be amended to delineate the following:
• 1. The attached Development Standards. (Department of Planning Services)
2. The applicant shall indicate specifically on the plat the type of right-of-
way/easement that exists on the property. (Department of Public Works)
3. The proposed access on the north portion of the property shall be used for Oil
and Gas use only and shall be designated as such on the plat. (Department of
Public Works)
4. A forty-foot radius is required on all accesses to public roads for accesses
designed to accommodate truck traffic. (Weld County Codification Ordinance
2000-1) (Department of Public Works)
C. The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number). (Department of Public Health and
Environment)
•
Resolution USR-1645 • •
Brad&Jolene Luster
Page 3
D. The applicant shall address the requirements of the requirements of the Weld County
.
Department of Public Health and Environment as stated in their referral response dated
January 3, 2008. Written evidence of such shall be provided to the Department of
Planning Services. (Department of Public Health and Environment)
E. The applicant shall address the recommendations of the Building Inspection as stated in
their referral response dated January 1, 2008. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Building Inspection)
F. The applicant shall address the recommendations of the Department of Public Works as
stated in their referral response dated December 21, 2007. Written evidence of such shall
be provided to the Department of Planning Services
G. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Prior to recording the plat:
A. A water quality capture/ 10 year detention pond is required for the site(disturbed portion,
i.e. buildings, graveled areas, etc.)conforming to Weld County Drainage Standards.
Agreements with adjacent land owners will be required if the pond discharges onto
adjacent properties. The adjacent land owners must agree to accept the quantity and
nature of discharge through a recorded agreement which must be submitted to the Weld
County Department of Planning Services. (Department of Public Works
3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall
• be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within sixty(60) days from
the date of the Board of County Commissioners resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files
format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable).
This digital file may be sent to mapsAco.weld.co.us. (Department of Planning Services)
5. Prior to Operation:
A. A stormwater discharge permit may be required for a
development/redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greater than or equal to one acre in area. The applicant shall inquire with
the Water Quality Control Division (WQCD)of the Colorado Department of Public Health
and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
stormwater discharge permit. Alternately, the applicant can provide evidence from
WQCD that they are not subject to these requirements. (Department of Public Health and
Environment)
B. The septic system serving the existing residence shall be reviewed by a registered
professional engineer for the residence and business uses. The review shall consist of
observation of each 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.
Resolution USR-1645 • •
Brad&Jolene Luster
Page 4
• 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
•
•
•ITE SPECIFIC DEVELOPMENT PLAN •
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Bradford and Jolene Luster
• USR-1645
1. A Site Specific Development Plan and a Special Review Permit for a Home Business (parking of
trucks and equipment) in the A (Agricultural) Zone District Zone District, and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be limited to family members and(1)full-time employee and abide by the definition of
a home business which is"An incidental USE to the principal permitted USE for gainful employment
of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a
DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident
therein. b.Such USE is clearly incidental and secondary to the principal permitted USE and shall not
change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the
following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT,
mortuary and organized classes where more than sex(6)persons meet together for instruction on a
regular basis (does not conclude classes sponsored by a PUBLIC SCHOOL). (Department of
Planning Services)
4. 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. (Department of Public Health and
Environment)
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., as amended. (Department of Public Health
and Environment)
6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
(Department of Public Health and Environment)
7. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
9. 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. (Department of Public Health and
Environment)
10. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility. (Department of Public Health and Environment)
11. Sewage disposal for the facility shall be by septic system. Any septic system located on the
property must comply with all provisions of the Weld County Code, pertaining to Individual
Sewage Disposal Systems. (Department of Public Health and Environment)
12. The facility shall utilize the existing public water supply. (Central Weld County Water District)
(Department of Public Health and Environment)
•
Resolution USR-1645 • •
Brad &Jolene Luster
Page 6
• 13. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance
with product labeling and in a manner that minimizes the release of hazardous air pollutants
(HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment)
14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division. (Department of
Public Health and Environment)
15. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
16. The historical flow patterns and runoff amounts will be maintained on site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the
type generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. (Department of Public Works)
17. The applicant must take into consideration storm water capture/quantity and provide accordingly
for best management practices. (Department of Public Works)
18. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. (Department of Public Works)
19. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of
Planning Services)
• 20. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
21. The landscaping on site shall be maintained in accordance with the approved Landscape/Screening
Plan. (Department of Planning Services)
22. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion, re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
23. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil
and Gas Conservation Commission regulations. (Department of Planning Services)
24. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
25. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
26. Personnel from the Weld County Departments of Public Health and Environment, Planning Services
and Public Works 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. (Department of Planning Services)
•
Resolution USR-1645 • •
Brad&Jolene Luster
Page 7
• 27. 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. (Department of Planning Services)
28. 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.(Department of Planning
Services)
Motion seconded by Robert Grand.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
• Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 February 5, 2008.
Dated the 5th of February, 2008.
Kristine Ranslem
Secretary
•
.2 - S-.2cc'
Hannah Hippely, Department of Planning Services, stated that the applicant is requesting a continuance to
the April 1, 2008 Planning Commission Hearing. She added that staff is supportive of this request.
• The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Tom Holton moved that Case USR-1641 be continued to the April 1,2008 hearing,seconded by Erich Ehrlich.
Motion carried.
The Chair read the case into record.
-- CASE NUMBER: USR-1645
APPLICANT: Brad&Jolene Luster
PLANNER: Roger Caruso
LEGAL DESCRIPTION: Lot A of RE-3880;part of the NE4 of Section 33,T5N, R65W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Use Permit for a Home Business
(parking of trucks and equipment)in the(A)Agricultural Zone District.
LOCATION: 1/2 mile south of CR 52 and west of and adjacent to CR 43.
Roger Caruso, Department of Planning Services, stated that they wish for this case to remain on consent.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied that
they do wish for it to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Jim Alice stated that he is one of the Mineral Rights Owners of the property that Brad and Jolene Luster have.
He asked how much equipment was being proposed.
III Jolene Luster, 24505 CR 43 commented that the trucks that they have are in the building. She added that
there are four (4) trucks total and currently only two (2) are running. She further added that the other two
trucks are spares and are waiting for another child to get of age, however they are inside.
The Chair asked the Planning Commission members if any of them wish to have this case pulled from the
Consent Agenda. No one wished to have it pulled.
Roy Spitzer moved to approve the Consent Agenda and forward Case USR-1645 to the Board of County
Commissioners along with the Conditions of Approval and Development Standards with the Planning
Commission's recommendation of approval,Robert Grand seconded the motion.Motion carried unanimously.
The Chair read the next case into record.
CASE NUMBER: USR-1643
APPLICANT: Kinder Morgan Interstate Gas Transmission LLC
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Part N2N2SW4 of Section 5,T5N, R66W of the 6th P.M.,Weld County,
Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major
Facility of Public Utility or Public Agency(12-inch natural gas pipeline and meter
station)in the A(Agricultural)Zone District.
LOCATION: East of and adjacent to CR 27(83rd Avenue)and south of and adjacent to 4th
Street.
Chris Gathman, Department of Planning Services, stated that the applicant is being represented by Wade
R. Hill. He added that the applicant is proposing to install a 12-inch lateral pipeline that would extend from
an existing gas transmission line extending into the City of Greeley to a distribution point at the Southwest
corner of 4th Street and 59th Avenue.
•
Mr. Gathman added that they are also proposing to install a 35x8 meter skid and meter skiff
electronics building, a 37x8 regulator skid and regulator building, odorization skid with a 15 1
R '- its
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