HomeMy WebLinkAbout20080864.tiff HEARING CERTIFICATION
DOCKET NO. 2008-25.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1645
FOR A HOME BUSINESS (PARKING OF TRUCKS AND EQUIPMENT) IN THE
A(AGRICULTURAL) ZONE DISTRICT - BRADFORD AND JOLENE LUSTER
A public hearing was conducted on April 2, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated February 29, 2008, and duly published March 5,
2008, in the Fort Lupton Press, a public hearing was conducted on March 19, 2008,to consider the
request of Bradford and Jolene Luster for a Site Specific Development Plan and Use by Special
Review Permit#1645 for a Home Business(parking of trucks and equipment)in the A(Agricultural)
Zone District, at which time the Board deemed it advisable to continue the matter to April 2, 2008,
at the applicant's request, to have the matter heard by a full quorum of the Board. At said hearing
on April 2,2008, Bruce Barker, County Attorney, made this a matter of record. Chair Jerke advised
the applicant, Jolene Luster, that she has the option of continuing the matter to a date when a full
quorum of the Board will be present. However, if she decides to proceed today, it will require three
affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and
make the determining vote. Ms. Luster indicated she would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
stated the site is located west of County Road 43, and south of County Road 52, and there is
currently a residence and an outbuilding located on the site. He further stated this site is currently
in violation, due to commercial trucks and equipment being parked at the site, without the proper
permit; however, the violation has not yet been presented to the Board of County Commissioners.
He stated there are single family residences to the south and southeast of the site, and one
residence exists approximately one-eighth of a mile to the north. He explained the business
operations will be limited to family members and one employee,and all vehicles and equipment will
be stored within the building. He stated the site is located within the Intergovernmental Agreement
area for the Town of La Salle; however,the referral response from the Town indicated no conflicts.
Mr. Gathman displayed photographs of the site and surrounding area, and indicated the site is
located within a fairly rural area.
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Lauren Light, Department of Public Health and Environment, stated water to the site is provided
by the Central Weld Water District, and an existing septic system within the residence handles the
effluent flow. She stated the applicant has requested that the additional employee be allowed to
utilize the restrooms within the residence, therefore, staff is requesting that the septic system be
evaluated. She further stated the applicant will be required to submit a Waste Handling Plan, and
Development Standards #4 through #15 address the requirements of the Department of Public
Health and Environment. In response to Chair Jerke, Ms. Light indicated the septic system was
completed in 2005, and was built to handle the load of up to six occupants within the residence.
Chair Jerke indicated he considers the septic system to be new, and one additional employee will
not create a large impact to the system,therefore, he does not believe the evaluation is necessary.
Ms. Light clarified the regulations within the Weld County Code require a review of the system
when commercial uses are proposed; however, deletion of Condition of Approval #5.6 is at the
Board's discretion.
David Snyder, Department of Public Works, stated County Roads 43 and 52 are both classified as
collector status roads,which require 80 feet of right-of-way at full buildout. He stated the applicant
will utilize the existing access, and the Department of Public Works is requiring that the applicant
create a water quality pond, in order to comply with the Clean Water Act. He indicated the
proposed use will create a very minimal traffic impact. In response to Commissioner Rademacher,
Mr. Snyder indicated the applicant may provide an acceptable alternative to comply with the water
quality requirements, and the language concerning this requirement is addressed within Condition
of Approval #2.A. Responding to Chair Jerke, Mr. Snyder indicated the outbuilding is
approximately 4,800 square feet in size, therefore, the applicant must provide water quality
measures for approximately 2,000 cubic feet. In response to Commissioner Garcia, Mr. Snyder
explained the water quality pond is necessary to capture runoff from the existing structures on the
site and the graveled area in front of the outbuilding. Responding to Chair Jerke, Mr. Snyder
indicated the outbuilding is located approximately 250 feet from County Road 43, and confirmed
the terrain of the area is flat. Commissioner Rademacher indicated he supports deleting the
requirement of providing a water quality pond,and allowing the applicant to instead provide another
option, such as grass, and Chair Jerke concurred.
Ms. Luster stated the surrounding area is predominantly farmland, and a barrow ditch is located
along the edge of her property, then runs underground. She indicated there are no drainage
problems within the immediate area. In response to Commissioner Rademacher, Mr. Snyder
stated the proposed pond will most likely be located within the southeast corner of the site.
Ms. Luster confirmed the area is currently planted in grass, which is not irrigated, but continues to
grow healthily. Responding to Chair Jerke, Ms. Luster stated the business is a family business in
which her husband and son drive dump trucks, and her other son will soon be old enough to drive
a truck. She clarified there will not be an additional employee within the business, and the trucks
will be parked overnight within the building on the site. In response to Commissioner Rademacher,
Ms. Luster confirmed only the trucks which are owned and operated by the family will be stored at
the site, and no materials will be stored at the site. Responding to Commissioner Garcia,
Ms. Luster stated only general maintenance of the trucks will be provided on the site.
No public testimony was offered concerning this matter.
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Commissioner Rademacher indicated he prefers that the applicant be allowed to retain the current
grassy area to be preserved for runoff instead of being required to construct a pond, and he
instructed staff to provide alternative language. Chair Jerke indicated Condition of Approval#2.A
should be deleted, and the language to be provided by staff should be substituted in its place.
Commissioner Rademacher indicated the applicant needs to be made aware that the grassy area
will have to be maintained,and not developed,and he moved to delete Condition of Approval#2.A.
Commissioner Garcia seconded the motion,and it carried unanimously. Chair Jerke indicated the
applicant has provided testimony that only family members will be employed by the business,
therefore, he requested that Condition of Approval #5.B, requiring an evaluation of the septic
system, be deleted. Commissioner Rademacher moved to delete Condition of Approval #5.B.
Seconded by Commissioner Garcia, the motion carried unanimously.
In response to Chair Jerke, Mr. Snyder suggested that a new Condition of Approval#2.A be added
to state, "The applicant shall place an easement on the plat, reserving the grass buffer area for
water quality capture." Ms. Luster indicated she concurred with the proposed language.
Commissioner Rademacher moved to add new Condition of Approval #2.A, as described by
Mr. Snyder. Seconded by Commissioner Long, the motion carried unanimously.
In response to Chair Jerke, Ms. Luster indicated she has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as amended.
Commissioner Rademacher stated Development Standard#21 requires that the applicant provide
a Landscape/Screening Plan, and he does not understand why the Plan is necessary.
Mr. Gathman indicated all of the equipment will be stored indoors, therefore, the Department
recommends deletion of Development Standard#21. Commissioner Rademacher moved to delete
Development Standard #21, and renumber accordingly. Seconded by Commissioner Long, the
motion carried unanimously. Responding to Chair Jerke, Ms. Luster indicated she concurs with
the deletion of Development Standard #21.
Commissioner Garcia moved to approve the request of Bradford and Jolene Luster for a Site
Specific Development Plan and Use by Special Review Permit#1645 fora Home Business(parking
of trucks and equipment) in the A (Agricultural) Zone District, based on the recommendations of
the Planning staff and the Planning Commission,with the Conditions of Approval and Development
Standards as entered into the record. His motion included the deletion of the existing Condition of
Approval#2.A,with the addition of new language to state, "The applicant shall place an easement
on the plat, reserving the grass buffer area for water quality capture.", the deletion of Condition of
Approval #5.B, and the deletion of Development Standard #21. The motion was seconded by
Commissioner Rademacher, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:15 a.m.
2008-0864
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HEARING CERTIFICATION - BRADFORD AND JOLENE LUSTER (USR#1645)
PAGE 4
This Certification was approved on the 7th day of April, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
� WELD COUNTY, COLORADO
410*
ATTEST: gull
_ q�
� illiam H. Jerke, Chair
Weld County Clerk to the A
,TVF XCUSED
�ZCI ? Robert l �s�dn, Pro-Tern
BY: �u � Jl
Dept Cler o the Board l•/
Wil F. Garcia
David E. Long
Douglas ademache
2008-0864
PL1959
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1645 - BRADFORD AND JOLENE LUSTER
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 02/05/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Applicant E-mail requesting Continuance, dated
03/06/08
F. Applicant E-mail requesting Continuance, dated
03/18/08
G. Planning Staff Certification and photo of sign posting
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