HomeMy WebLinkAbout20080688.tiff RESOLUTION
RE: APPROVE 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
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 19th day of
March, 2008, at the hour of 10:00 a.m. in the Chambers of the Board, for the purpose of hearing
the application of Bradford and Jolene Luster, 24505 County Road 43, LaSalle, Colorado 80645,
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 on the following
described real estate, being more particularly described as follows:
Lot A of Recorded Exemption#3880; being a part of
the NE1/4 of Section 33, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing on March 19, 2008, the Board deemed it advisable to continue
said matter to April 2, 2008, to allow the matter to be considered by a full quorum of the Board, and
WHEREAS, at said hearing on April 2, 2008, said applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by 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 recommendation 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.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.
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SPECIAL REVIEW PERMIT#1645 - BRADFORD AND JOLENE LUSTER
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b. Section 23-2-230.6.2--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 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The proposed Home Business will
be approximately one-eighth(1/8)of a mile north of the nearest residences.
All parking of vehicles will occur indoors, and the attached Conditions of
Approval and Development Standards will ensure that this use is compatible
with adjacent uses.
d. Section 23-2-230.B.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 three-mile referral area for the Town of
LaSalle,and the Cities of Greeley and Evans. The Town of LaSalle,and the
Cities of Evans and Greeley, in the referrals dated December 10, 2007,
January 9, 2008, and December 21, 2007, respectively, indicated no
conflicts with their interests.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1, 2003, building permits issued on the proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee Program. 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 Programs.
f. Section 23-2-230.6.6 --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 U.S.D.A. Soil Conservation Map, dated 1979.
g. Section 23-2-230.B.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 the 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 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 on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
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SPECIAL REVIEW PERMIT#1645 - BRADFORD AND JOLENE LUSTER
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1. Prior to recording the plat:
A. All plat sheets shall be labeled USR-1645.
B. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) The applicant shall specifically indicate on the plat the type of
right-of-way/easement which exists on the property.
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.
4) A forty-foot radius is required on all accesses to public roads for
accesses designed to accommodate truck traffic.
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 and Environment. The plan shall include, at a minimum, the
following:
1) A list of the wastes which are expected to be generated on the 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
the site.
3) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
D. The applicant shall address the requirements of the Weld County
Department of Public Health and Environment, as stated in the referral
response dated January 3, 2008. Written evidence of such shall be
provided to the Department of Planning Services.
E. The applicant shall address the recommendations of the Department of
Building Inspection, as stated in the referral response dated January 1,
2008. Written evidence of such shall be provided to the Department of
Planning Services.
F. The applicant shall address the recommendations of the Department of
Public Works, as stated in the referral response dated December 21, 2007.
Written evidence of such shall be provided to the Department of Planning
Services
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SPECIAL REVIEW PERMIT #1645 - BRADFORD AND JOLENE LUSTER
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G. The applicant shall submit two (2) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. Prior to recording the plat:
A. The applicant shall place an easement on the plat, reserving the grass
buffer area for water quality capture.
3. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
4. The Department of Planning Services respectfully 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.
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 may provide
evidence from the WQCD that they are not subject to these requirements.
6. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT #1645 - BRADFORD AND JOLENE LUSTER
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: u4,441/ r l- -�./
4ja
kq illiam H. Jerke, Chair
Wel County Clerk to the bar ,~
^;.1/4,, Li? XCUSED
it it 1 jA , •,, -- Robert q Pro-Tem
BY:
Del5 ty Cle to the Bo r C.
Willi F. Garcia
ED A
David . Long
Attorney
Dougla Radema her
Date of signature: ��ai lq
2008-0688
PL1959
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
BRADFORD AND JOLENE LUSTER
USR#1645
1. A Site Specific Development Plan and Use by Special Review Permit#1645 is 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. The facility shall be limited to family members and one (1) full-time employee, and shall
abide by the definition of a Home Business, which is defined as, "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; and 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 six (6) persons meet
together for instruction on a regular basis (does not conclude classes sponsored by a
PUBLIC SCHOOL).
4. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5, C.R.S., 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. 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, Section 30-20-100.5, C.R.S.
6. Waste materials shall be handled,stored, and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
7. The applicant shall operate in accordance with the approved Waste Handling Plan.
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.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 25-12-103, C.R.S.
10. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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 (I.S.D.S.) Regulations.
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12. The facility shall utilize the existing public water supply (Central Weld County Water
District).
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 and volatile organic compounds.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
17. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
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.
19. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
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 Programs.
21. 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.
22. The property owner acknowledges that mineral owners and lessees have real property
interests which entitle them to surface use, in accordance with Colorado State Statutes and
applicable Colorado Oil and Gas Conservation Commission Regulations.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
24. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
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25. Weld County Government personnel 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.
26. The Use by 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.
27. 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.
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