HomeMy WebLinkAbout20080690.tiff • •
INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Bradford and Jolene Luster Case Number USR-1645
• Submitted or Prepared
Prior to At
Hearing Hearing
1 Staff Comments X
Department of Planning Services Field Check Form X
Letter to Applicant X
N, Affidavit of sign posting X
-N' Legal Notifications X
2 Application X
N Maps X
Deed X
N Surrounding Property/Mineral Owners X
"` 3 Referral List
Referrals without comment
N. Weld County Department of Planning Services, Landscape referral X
City of Greeley X
• ` Town of LaSalle X
City of Evans X
N.
State of Colorado, Division of Water Resources X
N West Greeley Soil Conservation District X
N 4 Referrals with comments
N. Weld County Department of Public Health and Environment referral dated January X
3, 2008
Weld County Department of Public Works referral dated December 21,2007 X
-N' Weld County Department of Building Inspection referral dated January 12, 2008 X
\' Weld County Zoning Compliance Officer referral dated December 4,2007 X
5 PE Exhibits
I hereby certify that the 20 items identified herein were submitted to the Department I ng Services at or prior to the scheduled
Planning Commissioners hearing.
Roger Carus + Planner
III 11
EXABIT
USR A I
2008-0690
• •
• ttYliici
WIWD�. LAND USE APPLICATION
COLORADO SUMMARY SHEET
Case Number: USR-1645 Hearing Date: February 5, 2008
Applicant: Bradford and Jolene Luster Address: 24505 County Road 43; LaSalle, CO
80645
Request: 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.
Legal Description: Lot A of RE-3880; Part of the NE4 of Section 33, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado.
Location: Approximately 1/2 mile south of County Road 52 and west of and adjacent to
County Road 43.
Size of Parcel: +/- 13.76 acres
• POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
• Weld County Zoning Compliance, referral dated December 4, 2007
• Weld County Department of Public Health and Environment, referral received January 3, 2008
• Weld County Department of Public Works, referral dated December 21, 2007
• Weld County Department of Building Inspection, referral dated January 12, 2008
• Weld County Department of Planning Services Landscape referral dated December 4, 2007
• Town of LaSalle, referral dated January 9, 2008
• City of Evans, referral dated December 10, 2007
• City of Greeley, referral dated December 21, 2007
• State of Colorado, Division of Water Resources, referral dated December 7, 2007
• West Greeley Soil Conservation District, referral received December 5, 2007.
The Department of Planning Services' staff has not received responses from the following agencies:
•
Weld County Sherriff's Office
•
Weld County School District, RE-6
• Central Weld County Water District
• LaSalle Fire Protection District
•
Luster—USR 1645 Page 1 EXHIBIT
1
W�`D 0 • SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
COLORADO
Planner: Roger Caruso
Case Number: USR-1645 Hearing Date: February 5, 2008
Applicant: Bradford and Jolene Luster Address: 24505 County Road 43; LaSalle, CO
80645
Request: 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.
Legal Description: Lot A of RE-3880; Part of the NE4 of Section 33, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado.
Location: Approximately %3 mile south of County Road 52 and west of and adjacent to
County Road 43.
Parcel Size: +/- 13.76 acres Parcel Number: 0961 33 100001
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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.
•
Luster USR-1645 Page 2
• •
• 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)
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 Department of Planning Services' staff 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)
•
Luster—USR 1645 Page 3
• •
• 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)
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
•
Luster USR-1645 Page 4
• 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 maps(@,co.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.
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)
•
Luster—USR 1645 Page 5
• SITE 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)
•
Luster USR-1645 Page 6
•
• 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)
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)
•
Luster—USR 1645 Page 7
• •
• 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)
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)
•
Luster USR-1645 Page 8
• •
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE 11(-( 117:4:t€ 918 10TH Street
• GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970) 304-6498
COLORADO
December 3, 2007
Brad &Jolene Luster
24505 CR 43
LaSalle CO 80645
Subject: USR-1645- Request for a Site Specific Development Plan and Special Use Permit for a Home Business
(parking of trucks and equipment)in the(A)Agricultural Zone District on a parcel of land described as Lot
A of RE-3880; part of the NE4 of Section 33,T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are being processed. I have scheduled a meeting
with the Weld County Planning Commission for February 5, 2008, at 1:30 p.m. This meeting will take place in the
Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado. It is recommended that you
and/or a representative be in attendance to answer any questions the Planning Commission members may have.
It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado
Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners
30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written
•
certification indicating the above requirements have been met.
It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property
or if the property 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, Greeley and LaSalle Planning Commission for their review
and comments. Please call Evans at 970-339-5344,Greeley at 970-350-9780 and LaSalle at 970-284-6931 for further
details regarding the date,time, and place of this meeting. It is recommended that you and/or a representative be in
attendance at the Evans,Greeley and LaSalle Planning Commission meeting to answer any questions the Commission
members may have with respect to your application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing
time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign
will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway
(access drive)intersects a publicly maintained road right-of-way.
The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It
is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission
hearing to make arrangements to obtain the recommendation.
If you have any questions concerning this matter, please call.
Respectfully,
Roger Caruso
Planner
•
• •
PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS JANUARY 25, 2008. THE SIGN SHALL BE POSTED
• ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, ROGER CARUSO, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR USR-1645 IN THE AGRICULTURAL ZONE DISTRICT.
Name of Person Posting Sign — Roger Caruso
4
Signature of Person Posting Sign
•
STATE OF COLORADO )
) ss.
COUNTY OF WELD ) nIr�,r
The foregoing instrument was subscribed and sworn to me this I ' day of i3 , 200P
WITNESS my hand and official seal.
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FIELD CHECK Inspection Date:
• APPLICANT: Brad and Jolene Luster CASE#: USR-1645
REQUEST: A Site Specific Development Plan and Special Use Permit for a Home Business (parking of trucks and
equipment)in the(A)Agricultural Zone District.
LEGAL: Lot A of RE-3880; Part of the NE4 of Section 33, Township 5 North, Range 65 West of the 6'"Prime Meridian,
Weld County, Colorado.
LOCATION: '/2 mile south of CR 52 and west of and adjacent to CR43.
PARCEL ID#: 0961 33 100001 ACRES: 13.76
Zoning ( Land Use
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Comments: /I--
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Roger Caruso) f�lalhner I
❑ House(s) o Derelict Vehicles
o Outbuilding(s) ❑ Non-commercial junkyard (list components)
❑ Access to Property o Irrigation Sprinkler
❑ Crop Productions ❑ Crops
❑ Site Distance o Wetlands
❑ Mobile Home(s) o Oil & Gas Structures
o Other Animals On-Site o Wildlife
o Water Bodies o Utilities On-Site (transmission lines)
o Ditch ❑ Topography
Note any commercial business/commercial vehicles that are operating from the site.
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