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Home My WebLink About20143388.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Benjamin Hansford, 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: USR14-0059 APPLICANT: JOSEPH & LINDA BAKER PLANNER: TIFFANE JOHNSON REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE- FAMILY DWELLING UNIT)AND ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED IN SECTION 23-3-30,PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A(AGRICULTURAL)ZONE DISTRICT. LEGAL DESCRIPTION: LOT 28 ENCHANTED HILLS; PART OF SECTION 8, T2N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 22; EAST OF CR 15. 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 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 22-2-20.F.3. - A.Policy 6.2. states, "Support opportunities, such as but not limited to hobby farms, businesses, to supplement family income and reduce living expenses for farm families and others who prefer a rural lifestyle. The second single family dwelling provides options in a limited real-estate market for those individuals who desire a property with opportunities and infrastructure that can support multi- generational living arrangements,provide supplemental income by providing rental and business opportunities. Section 22-2-20.F.3. -A.Policy 6.3. states, "Encourage multi-generational, caretaker, guest and accessory quarters." The second single-family dwelling has historically been occupied by family members/caregivers. The property owner is seeking to bring the property into compliance for sale and allow unrestricted use of the second residence located on the property. Section 22-2-20.H. -A.Goal 8. states, "Ensure that adequate services and facilities are currently available or reasonably obtainable to accommodate the requested new land use change for more intensive development." There is existing water to the property from Central Weld County Water District Tap#000589-01 and the existing septic system is permitted at#G700501 for up to three bedrooms. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. 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.M. allows for one (1) single-family dwelling unit per lot other than those permitted under section 23-3-20.A A. (second single-family dwelling unit). EXHIBIT A u a_ i -O0 • -- RESOLUTION USR14-0059 JOSEPH& LINDA BAKER 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 adjacent parcels are utilized as rural residential properties. The closest residence is approximately 250 feet north of the site. There are about nine (9) USRs located within one mile of this parcel. Four (4) are within the Enchanted Hills Subdivision; two are directly adjacent to the subject parcel. USR-912 for a welding shop is adjacent to the west and USR-405 for a 45 dog kennel is adjacent to the subject parcel to the east. USR-1331 and USR-509 are also dog kennels/training facilities located within Enchanted Hills Subdivision. There are five(5)USRs south of the site,USR-1177 and USR-1169 are for accessory buildings; USR-620, USR-549 are for dog kennels and USR USR-743 is for a small engine repair home business. The Weld County Department of Planning Services has not received any correspondence from the surrounding property owners that objects to this land use permit. The Conditions of Approval and Development Standards ensure that there are adequate services and facilities available. 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 three (3) mile referral area of Town of Firestone and the Town of Frederick. Neither Town provided referral comments. E. Section 23-2-220.A.5--The application complies with Chapter 23,Article V, of the Weld County Code. The existing site is within the County-Wide Road Impact Fee Area and the Capital Expansion Impact Fee area. Building Permits issued on the lot will be required to adhere to the fee structure of the County- Wide Road Impact Fee Program. Building Permits issued on the proposed lot will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 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 proposed facility is located on approximately 4.6 acres in a platted subdivision. The property is identified as"Prime(Irrigated) per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The site has been a 4.5 acre lot with improvements located within a platted subdivision which is not feasible for farming. G. Section 23-2-220.A.7--There is adequate provisions for the protection of the health,safety,and welfare of the inhabitants of the neighborhood and County. 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 can ensure that there are adequate provisions for the protection of health,safety,and welfare of the inhabitants of the neighborhood and County. 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. RESOLUTION USR14-0059 JOSEPH & LINDA BAKER PAGE 3 The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR14-0059. (Department of Planning Services) 2) The attached Development Standards. (Department of Planning Services) 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4) Maple Street is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 feet of right-of-way at full build out. There is presently an 80-foot right-of-way as shown on the Enchanted Hills Subdivision plat.The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the USR map. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County.(Department of Planning-Engineering ) 5) Show the approved access on the map and label it with the approved access permit number (AP14-00402). (Department of Planning-Engineering ) 2. Upon completion of Condition of Approval#1 above,the applicant shall submit three(3)paper copies or one(1)electronic copy(.pdf)of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty(120)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) 3. In accordance with Weld County Code Ordinance#2012-3,approved April 30,2012,should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review,as appropriate. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase(MDB). 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. 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 map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Joyce Smock. RESOLUTION USR14-0059 JOSEPH & LINDA BAKER PAGE 4 VOTE: For Passage Against Passage Absent Benjamin Hansford Bruce Johnson Bruce Sparrow Jason Maxey Jordan Jemiola Joyce Smock Michael Wailes Nick Berryman Terry Cross 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 October 21, 2014. Dated the 21st of October, 2014. " Digitally signed by Kristine 1k�7 n.e1. 11L-fYI. Ranslem Date:2014.10.24 16:15:21 -06'00' Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Joe and Linda Baker USR14-0059 1. A Site Specific Development Plan and Use by Special Review Permit, USR14-0059, for one (1) single- family dwelling unit per lot other than those permitted under Section 23-3-20.A. (second single-family dwelling unit), 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. Should 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,pursuant to Section 15-1-180 of the Weld County Code. (Department of Public Works) 4. 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) 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 6. This facility shall adhere to the maximum permissible noise levels allowed in the non-specified Zone District, as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply. (Central Weld County Water District)(Department of Public Health and Environment) 8. Sewage disposal 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) 9. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 10. Building permit maybe required,per Section 29-3-10 of the Weld County Code.Currently the following has been adopted by Weld County:2012 International Codes;2006 International Energy Code;2011 National Electrical Code; A building permit application must be completed and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required or an open hole inspection. (Department of Building Inspection) 11. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 12. Necessary personnel from the Weld County Departments of Planning Services, Public Works,and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 13. 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. RESOLUTION USR14-0059 JOSEPH & LINDA BAKER PAGE 6 14. 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. 15. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been,and continues to be,the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware)with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses,including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic,sandburs, puncture vines,territorial farm dogs and livestock,and open burning present real threats. Controlling children's activities is important,not only for their safety,but also for the protection of the farmer's livelihood. PG M,i N�Tie5 Ethan Watel, Baseline Corporation, 1950 Ford Street, Golden, Colorado stated that he is representing Circle B Land Corporation which is a subsidiary of the Bill Barrett Corporation. Mr. Watel stated that they are proposing a storage yard for oil and gas production equipment. The existing residence will be converted into an office and a 20 foot communication tower will be constructed on site. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair repeated the suggested changes to the Staff Report. Motion: Add Condition of Approval 1.F as stated by Staff, Moved by Bruce Sparrow, Seconded by Benjamin Hansford. Motion carried unanimously. Motion: Add Condition of Approval 1.F.14 as stated by Staff, Moved by Bruce Sparrow, Seconded by Benjamin Hansford. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR14-0051 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Michael Wailes. Vote: Motion carried by unanimous roll call vote (summary: Yes= 7). Yes: Benjamin Hansford, Bruce Johnson, Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes. CASE NUMBER: USR14-0059 APPLICANT: JOSEPH & LINDA BAKER PLANNER: TIFFANE JOHNSON REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR ONE (1) SINGLE-FAMILY DWELLING UNIT PER LOT OTHER THAN THOSE PERMITTED UNDER SECTION 23-3-20.A. (SECOND SINGLE- FAMILY DWELLING UNIT) AND ACCESSORY BUILDINGS WITH GROSS FLOOR AREA LARGER THAN FOUR PERCENT (4%) OF THE TOTAL LOT AREA, AS STATED IN SECTION 23-3-30, PER BUILDING ON LOTS IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR LOTS PART OF A MAP OR PLAN FIELD PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: LOT 28 ENCHANTED HILLS: PART OF SECTION 8, T2N, R67W OF THE 6TH P.M.,WELD COUNTY, COLORADO. LOCATION: NORTH OF AND ADJACENT TO CR 22; EAST OF CR 15. Tiffane Johnson, Planning Services, presented Case USR14-0059, reading the recommendation and comments into the record. Ms. Johnson noted that two (2) letters of opposition were received from surrounding property owners concerned that this sets a precedent for other property owners and believes that after the medical hardship is terminated the second dwelling should be removed. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Don Carroll, Public Works, reported on the existing traffic, access and drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements. Joe Baker, 7156 Maple Street, stated that he has lived out here for 37 years and added that they built the second dwelling for his wife's grandmother. Mr. Baker said that after she passed away they forgot that this was a medical situation and added that they have used this dwelling for when his children came home to visit. He stated that he currently has a contract on this property. • EXHIBIT .oas' The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he has read through the Development Standards and Conditions of Approval and if he is in agreement with those. The applicant replied that he is in agreement. Motion : Forward Case USR14-0059 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Joyce Smock. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jason Maxey, Jordan Jemiola, Joyce Smock, Michael Wailes. The Chair called a recess at 3: 10 pm and reconvened at 3:23 pm. CASE NUMBER: USR14-0049 APPLICANT: TALLGRASS PONY EXPRESS PIPELINE (COLORADO) INC PLANNER: CHRIS GATHMAN REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A NON-1041 MAJOR FACILITY OF A PUBLIC UTILITY (20-INCH HIGH PRESSURE CRUDE OIL PIPELINE AND ACCESSORY BUILDINGS AND EQUIPMENT ASSOCIATED WITH TWO METER STATION FACILITIES TO BE OPERATED IN CONJUNCTION WITH THE PIPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION: BEGINNING IN SECTION 2 AND CROSSING SECTIONS 11 , 10, 15, 16, 21 , 28, 27 AND 34 IN T9N, R59W; SECTIONS 3, 10, 9, 16, 21 , 28, 33, AND 34 IN T8N , R59W; SECTIONS 3, 2, AND 1 , T7N , R59W; SECTIONS 6, 5, 4, 3, AND 1 IN T7N, R58W; SECTIONS 34, 35, AND 36 IN T8N , R58W; SECTIONS 6, 5, 4, 3, 2, 1 IN T7N, R57W; SECTIONS 31 , 32 AND 33 IN T8N, R56W: SECTIONS 6, 4; 3, 2, 1 IN T7N, R56W OF THE 6TH P.M. , WELD COUNTY, COLORADO. THERE ARE TWO PROPOSED METER STATION SITES ASSOCIATED WITH THIS PIPELINE. THE PAWNEE METER STATION SITE IS PROPOSED TO BE LOCATED ON LOT B OF RECORDED EXEMPTION RECX14-0048, WHICH IS LOCATED IN THE E2SE4 OF 2, T9N , R59W. THE BUCKINGHAM METER STATION SITE IS PROPOSED TO BE LOCATED IN PART OF THE SW4 OF SECTION 34, T8N, R59W OF THE 6TH P.M. . WELD COUNTY, COLORADO. LOCATION: GENERALLY RUNNING SOUTH ON CR 115 FROM CR 108 TO HWY 14 AND THEN HEADING GENERALLY EAST ALONG OR IN THE VICINITY OF HWY 14 TO THE WELD COUNTY/LOGAN COUNTY BOUNDARY. Chris Gathman, Planning Services, presented Case USR14-0049, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Commissioner Maxey stated that the Planning Commission has seen Non-1041 Permits and understands that they are the final authority. He asked why the metering facilities with an office and restrooms fall under a Non-1041 Permit. Mr. Gathman said that staff had a lot of discussion regarding this and concluded that the metering stations didn't meet the threshold for a separate USR from the pipeline. He added that they felt that because this is still associated with the pipeline they felt it needed to be under the purview of this USR. Don Carroll, Public Works, reported on the existing traffic. access and drainage conditions and the requirements on site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site dust control, and the Waste Handling Plan. Cody Wagoner. Tallgrass Pony Express Pipeline, 370 Van Gordon Street, Lakewood , Colorado, stated that this pipeline will tie into the Pony Express Pipeline in Logan County and transport oil that is produced 5 Hello