HomeMy WebLinkAbout20121897.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,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: ORDINANCE 2012-4
PLANNER: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING OF THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. Section 23-2-120.8.1—That the existing text is in need of revision as proposed. The proposed changes
are part of a semi-annual review of the County Code to respond to constituent input about the Code's
provisions, to update it in relationship to other regulatory documents, and to maintain its overall
functionality. Several of the items proposed for revision come from recommendations made by the
public and landowners, or as the result of observations made by the County Commissioners, Planning
Commission, or County Staff during the processing of land use cases.
2. Section 23-2-120.8.2 — That the proposed amendment will be consistent with the future goals and
needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in
effect. Fundamentally,the proposed revisions are consistent with County goals that support agricultural
and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and
consistency in processing requirements.
3. Section 23-2-120.B3-- That the proposed amendment will be consistent with the overall intent of this
Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory
system for land use within the County and to promote the health, safety, convenience, morals, order,
and welfare of present and future inhabitants of the County. The proposed changes to the Code are
designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more
consistent with modern building and safety standards.
Motion seconded by Benjamin Hansford.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Jordan Jemiola
Joyce Smock
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 August 22, 2012.
Dated the 22nd of August, 2012.
Kristine Ranslem
Secretary
0/02 - 12(1'
Sec.23-1-90. Definitions.
Table 23.IA
Animal Unit,in lilt A(Agricultural)line Dixtrict
- _Marimnm Amber ofAn re haalsperAr
Number of
Animals lea Ihoi 320 Lest than 610 610 GrouAercs
EquhWemn Gnus Ann,or a Cr.,,,Ana,or or firmer.or a
Animal Unit One Animal Lear Than M0 MiiLnwm of a.if a Minimum of DOnimeim of 1
h'gaiwleir Unit Gross Arm o Quart&Stetk0C L.-ae'.gnnon Sistine
ifaalc I 1 •1 6 8 IA
Bison I I I a 6 8 10
--
Mule 1 I I 4 6 8 10
Ostrich I I I 4 a 8 IU
Elk I I 4 6 8 10
none I I 1 4 6 8 10
Yak 1 I - 4 6 8 10
Camel I I 4 a 8 IU
sub: 1 5 20 30 4(1 50
tihntr 1 _. . 10 40 I 60 80 100
11amn I II) 10 _— -60 80 IMl
Goat J 10 II) 60 — - 80 I 100
t
Alpaca .075 I) 32 78 IDI (30
Poultry .02 SO 200 300 4110 500
Rnhhit .02 50 2® 300 400 500
LIVESTOCK: Cattle. bison, mules, burros, llamas.ostriches.elk horses, swine.sheep.goats,
poultry.yaks.camels,and rabbits.
Sec.23-3-211. lists allowed by right.
O. Asphalt or concrete hutch plant used temporarily and exclusively for an on-site ccanstru:lion
project or the completion of a PUBLIC mud improvements project.The six-month limitation for this
TEMPORARY use may he extended in six-month increments at the discretion of the Director of
Planning Services up to two(2)times.and thereafter by the Board olCounty Commissioners.
Sec.23-3-210.C-1(Neighborhood Commercial)Zone District
B. Uses Allowed by Right. No BUILDING.STRUCtURE or land shall be USED and no
BIUI1.DING or STRUCTURE shall hereafter be erected,structurally altered.enlarged or
maintained in the C-I Zone District except for one(I)or more of the following USES,which
must he conducted in ENCLOSED BUILDINGS and in compliance with the performance
standards contained in Section 2_3-3-250 below. No outside storage will be allowed in the C-
1 Lone District- USES within the C-I Zone District shall also be subject to additional
requirements contained in Articles IV and V of this Chapter.
12. Asphalt or concrete hatch plant used temporarily and exclusively for an.un-site construction
project or the completion of a PUBLIC road inipmvcments project. The six-month limitation
for this TEMPORARY use may be extended in six-month increments at the discretion of the
Director of Planning Services up to two(21 times,and thereafter by the Board of County
Commissioner,,.
See.23-3-240.C-4(Highway Commercial)Zone District.
B. Uses by Right. No BUILDINGS.STRUCTURES orlanil shall he USE!)and no lMJILDlN(i
or STRUC11JRE shall hereafter be erected.structurallyaltered,enlarged or maintained in the
C-4 Zone District except for one (1) or more of the following USES which must be
conducted in conformance with performance standards contained in Subsection P below.
USES within the C-4 Zone District shall also be subject to additional requirements contained
in Articles IV and V ol'this Chapter.
8. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction projector the completion of a PUBLIC road improvements project. The
six-month limitation for this TEMPORARY use may be extended in six-month
increments at the discretion of the Director of Planning Services up to two(2)times.
and thereafter by the Board of County Commissioners.
Sec.233-310.1-I (Industrial)Zone District.
B. l.'ses Allowed byRight. No BUILDING,STR1 WTI)Rfior land shall be used i thel-I Zone
District,and no BUILDING or STRUCTURE shall hereafter be erected,structurally altered
enlarged or maintained.except for one(1)or more of the following USES. The USES must
be conducted in compliance with the Performance Standards contained in Sections 23.3-340.
23-3-330 and 23-3-360 below.
10. Asphalt or concrete batch plant used tcmponuily and exclusively for an on-site
construction project or the completion ore PUBLIC road improvements project. The
six-month limitation for this TEMPORARY use may be extended in six-month
increments at the discretion of the Director of Planning Services up to two(2)times,
and thereafter by the Board of County Commissioners.
U. Uses by Special Review. The following BUILDINGS.STRUCTURES and USES may
he constructed,occupied or maintained in the I-I Zone District upon the approval of a
permit in accordance with the requirements and procedures set thrill in Article 11.
Division 4,of this Chapter.
I. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right_
2. One(1)microwave.COMMERCIAL.radio,television or other communication
transmission or relay tower seventy(70)feet or less in height per LOT.
Commercial towers subject to the provisions of Section 23-4-800.
3. RESEARCH LABORATORY.
4. WINDTI!RDINE.
5. PROCESSING.
6, CEMEfEILY.
7. WIND GIN ER ATOR(S)requiring the issuance of Use-by-Special Review Permit.
as per Chapter 23,Article TI.Division 4.and Chapter 23,Article IV,Division 12.of
this Code.
8. CORRECIIONAL FACILITY.
9, TELECOMMUNICATION ANTENNA 1OWERS,which require a Use by Special
Review Permit,subject to the provisions of Article IV.Division 10 of this Chapter.
10. Oil and Gas Support and Service
Sec.23-3.320.1.2(Industrial)Zone District.
B. Uses Allowed by Right. No BUILDING,STRLICTLIRE or land shall be USED and no
BUILDING or STRUCTURE.shall hereafter be erected structurally altered.enlarged or
maintained except for one(I)or more of the following USES which must he conducted
in compliance with the performance standards contained in Sections 23-3-340,23-3-350
and 23-3-360 below.
I. Uses allowed by right in the 1-I Zone District.
2. Any USE of a research,repairing,manufacturing.fabricating.processing.
assembling or storage nature may be conducted in the 1-2 Zone District. The USES
identified may he conducted outside of an ENCLOSED building,provided that the
USE and/or operations of the USE are SCREENED from ADJACENT public
rights-of-way and ADJACENT properties.
3. Areas for parking vehicles or equipment,so long as such parking areas are
SCREENED from the ADJACEN 1'public rights-of-way and on adjacent properties
zoned R-I.R-2,R-3,R-4,R-5,C-I.('-2.C-4 or I-1.
4. SIGNS.as long as the SIGNS are located and designed in accordance with the
requirements or Article IV,Division 2 of this Chapter.
5. UTILITY SERVICE FACILITIES.
6. PUBLIC SCI IDOL extension classes.
7. Police and fire stations or facilities.
S. Disposal of domestic sewage sludge subject to the additional requirements of
Article IV,Division 6 of this Chapter.
9. TEMPORARY seasonal uses,including fruit and vegetable stands,and facilities for
the sale of fireworks and Christmas trees,subject to the permit requirements of
Article IV,Division 7 of this Chapter.
10. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction projector the completion of a PUBLIC road improvements project. I he
six-mouth limitation for this TEMPORARY use may be extended in six-month
increments at the discretion of the Director of Planning Services up to two(2)times.
and thereafter by the Board of County Commissioners.
I L O%JTI XOR STORAGE when SCREENED from public rights-of-way and
ADJACENT properties.
12. One(II I ELECOMMA.'NICATION ANTENNA TOWER subject to the provisions of
Article IV,Division 10 of this Chapter.
13. 11L.ANSLOADING.
14. Oil and Gas Support and Service
See-23-3-330.I.3(Industrial)Zone District
B. Uses Allowed by Right. No BLJl1.DING,STRUCTURE or land shall be USED and no
BUILDlNti or STRUCTURE shall hereafter be erected,structurally altered,enlarged or
maintained,except foronc(l)or more of the following USES which must be conducted in
compliance with the performance standards contained in Sections 23-3-340.23.3-350 and
23-3-360 below.
1''. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction project or the completion ofa PUBLIC road improvements project The
six-month limitation for this TEMPORARY use may be extended in six-month
increments al the discretion of the Director of Planning Services up to two(2)times,
and thereafter by the Board of County Commissioners.
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Mark Lawley,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: ORDINANCE 2012-4
PLANNER: TOM PARKO
REQUEST: IN THE MATTER OF REPEALING AND RE-ENACTING,WITH AMENDMENTS,
CHAPTER 20 IMPACT FEES, CHAPTER 23 ZONING AND CHAPTER 24
SUBDIVISIONS,AND CHAPTER 29 BUILDING REGULATIONS,OF THE WELD
COUNTY CODE.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. Section 23-2-120.8.1—That the existing text is in need of revision as proposed. The proposed changes
are part of a semi-annual review of the County Code to respond to constituent input about the Code's
provisions, to update it in relationship to other regulatory documents, and to maintain its overall
functionality. Several of the items proposed for revision come from recommendations made by the
public and landowners,or as the result of observations made by the County Commissioners,Planning
Commission, or County Staff during the processing of land use cases.
2. Section 23-2-120.8.2— That the proposed amendment will be consistent with the future goals and
needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in
effect. Fundamentally,the proposed revisions are consistent with County goals that support agricultural
and mixed land uses, promote flexibility and predictability in land use matters,and ensure fairness and
consistency in processing requirements.
3. Section 23-2-120.83-- That the proposed amendment will be consistent with the overall intent of this
Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory
system for land use within the County and to promote the health, safety, convenience, morals, order,
and welfare of present and future inhabitants of the County. The proposed changes to the Code are
designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more
consistent with modern building and safety standards.
Motion seconded by Jason Maxey.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
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 July 3, 2012.
Dated the srd of.lulu 2012.p. +.� 2012-1897
T/�J��(�6�G�rW q rysgnesby Rnsmnn n em
Krisune�rcansiem Date xmzmls+sesse obw
Secretary
Sec. 20-1-50. Definitions.
Grange hall means a structure, located in a rural location, whose primary use is to provide a
meeting location for agricultural advocacy groups.
Institutional/quasi-public means a governmental, quasi-public or institutional use or a nonprofit
recreational use not located in a shopping center. Typical uses include elementary, secondary or higher
educational establishments, day care centers, hospitals, mental institutions, nursing homes, assisted living
facilities, fire stations, city halls, county court houses, post offices, jails, libraries, museums, places of
religious worship, military bases, airports, bus stations, fraternal lodges, parks and playgrounds.
Sec. 20-1-70. Exemptions.
The following shall be exempt from the terms of this Chapter. An exemption must be claimed by the fee
payer at the time of issuance of a building permit. The Director shall determine the validity of any claim
for exemption.
D. Any development associated with tax-payer supported emergency services such as fire,
police, or ambulance stations.
E. The replacement of an existing dwelling for which the applicant/owner can provide adequate
documentation that the dwelling has been occupied continuously for the immediate previous six
(6) months.
F. Grange hall.
Sec. 23-1-90. Definitions.
RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings:
a. PUBLIC RECREATIONAL FACILITIES: PUBLIC parks, zoos, swimming pools, golf courses and other
such facilities owned or operated by or under the direction of a government agency or a nonprofit
corporation w i'c 1 =a w't i'n t is ccf . Ton 02 tie wore PUBLIC, 35 de' . ec above.
b. PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts, swimming pools,
country clubs and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and
operated by either nonprofit organizations with a limited membership or by private persons who
own the facilities and are the only users of them.
c. COMMERCIAL RECREATIONAL FACILITIES: Includes bowling alleys, health spas, swimming pools,
tennis courts, miniature golf facilities or lakes upon which water skiing occurs and the like, and
operated on a commercial basis for USE by the paying PUBLIC public.
d. WATER SKIING: An aquatic recreational activity that is typically associated with a body
of water and a motorboat, and personal water craft.
Sec. 23-2-285. Minor amendments.
A. Minor amendments to any approved Use by Special Review and Site Specific Development Plan may
be approved, approved with conditions, or denied administratively by the Planning Services Director
and may be authorized without additional public hearings. Such minor amendments may be
authorized by the Planning Services Director as long as the development application, as amended,
continues to comply with these standards and regulations, at least to the extent of its original
compliance. The Planning Services Director's approval must be in writing. The decision of the
Planning Services Director may be appealed to the Board of Adjustment pursuant to Article VI of this
Chapter.
B. All applications will have finding of fact prepared by staff for a Minor Amendment and may require a
preapplication meeting. Notification to neighbors within five hundred (500) feet of the property shall
be mailed. The fee for a minor amendment is listed in the fee schedule, as amended.
C. Review criteria for minor amendments to a Use by Special Review Application and Site Specific
Development Plan. To approve a minor amendment, the Planning Services Director must consider
the following review criteria and find that each criterion has been met or determined to be
inapplicable:
1. The proposed changes will be compatible with existing and allowed uses in the surrounding area
and be in harmony with the neighborhood.
2. The proposed changes are consistent with the Comprehensive Plan pursuant to Chapter 22 of
this Code.
3. The proposed changes will not result in a substantial adverse impact on other property in the
vicinity of the subject property.
4. The recommendations of referral agencies have been considered.
5. The proposed change is not deemed to be a major change.
6. The proposed changes must be consistent with the original development standards.
D. The Planning Services Director may refer a Minor Amendment to the Board of County
Commissioners. If the Director determines that the Minor Amendment will be referred to the Board
of County commissioners for a hearing and action the following will be required:
1. Sign Posting. The Department of Planning Services will be responsible for providing and posting a
sign on the property under consideration in a location readily visible from the adjacent publically
maintained roadways. The sign will be posted at least ten (10) days preceding the hearing date for
the Board of County Commissioner's hearing. In the event the property under consideration is not
adjacent to a publicly maintained road right-of-way, a second sign at the point t which the driveway
(access drive) intersects a publicly maintained road right-of-way will be posted. The sign posting will
be evidence with a photograph.
2. Property Owner Notification. The Department of Planning Services will be responsible for providing
a surrounding property owners certification for properties listed within 500 feet of the subject
property and sending out notification of hearing via first class mail at least 10 days preceding the
hearing date before the Board of County Commissioners hearing.
3. Notice of hearing shall be published in a paper of general circulation at least ten (10) days prior to a
hearing.
E. Purpose. The purpose of this Section is to provide information to the applicant regarding the Site
Specific Development Plan and Use by Special Review Permit process.
F. Intent and Applicability. The purpose of this Section is to provide general information to an applicant
about the minor amendment application process. It is not intended to be a substitute for the specific
requirements of this Division. It is the responsibility of the applicant to be knowledgeable of the
specific requirements of this Division, for the minor amendment application process. The
Department of Planning Services is responsible for reviewing and processing the application in
accordance with Section 23-2-280.5 of this Code.
G. Preapplication Conference. It shall be at the discretion of the Department of Planning Services to
determine if a preapplication conference is necessary to meet with the applicant and discuss
information pertaining to the amendment. The standard preapplication form shall be used.
H. Sign Posting. The Department of Planning Services will be responsible for providing and posting a
sign on tie property uncer consiceration in a oration read y visib e 'rom tie adlacent pub ica y
maintainec roacways. The sign wi be posted at east ten :10, cays preceding tie -icaring cate `or
tie Boarc o' County Commissioners' rearing. n tie event tie aroperty uneer consiceration is not
adfacent to a pub icy maintained roac rig it ot way, a seconr sign at tie point at w iic i tie criveway
taccess crive - intersects a pub is y maintainec roac rig it o' way wi be poster. Tie sign posting wi
be evidenced with a photograph:
HI. Investigation Fee. An additional fifty percent (50%) of the permit fee shall be added to the cost of
the Minor Amendment Special Review permit application fee when the use is started without a
Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any
persons from fully complying with the requirements of this Chapter, nor from any other penalties.
U . Application Requirements:
1. One (1) original application form (additional copies may be required, on request of the
Department of Planning Services).
2. One (1) copy of the Special Review plat map; twenty-four (24) inches by thirty-six (36) inches.
See Subsection L below for map requirements.
3. One (1) eight-and-one-half inch by eleven-inch reduced copy of the twenty-four-inch by thirty-
six-inch Special Review plat.
4. One (1) digital or electronic copy of completed application materials, if required.
5. One (1) original minor amendment questionnaire.
6. One (1) original Access Permit Application Form, if required. Clearly indicate all existing and
proposed accesses (residential, agricultural, oil and gas, ditch, etc.).
7. One (1) copy of the deed or legal instrument identifying the applicant's interest in the property.
8. One (1) copy of the document showing evidence of adequate water supply (e.g., well permit or
letter from water district). If using a well, please complete the Water Supply Information
Summary, which is available from the Department of Planning Services.
9. One ( 1) copy of the document showing evidence of adequate sewage disposal (e.g., septic
permit or letter from the sanitary sewer district).
10. One (1) copy of the affidavit and the certified list of the names, addresses and the corresponding
parcel identification number assigned by the County Assessor of the owners of property (the
surface estate) within five hundred (500) feet of property being considered. This list shall be
compiled from the records of the County Assessor, the County website, www.co.weld.co.us, or a
person qualified to do the task, and shall be current as of a date no more than thirty (30) days
prior to the date the application is submitted to the Department of Planning Services.
11. Notice of Inquiry if located within an Intergovernmental Agreement (IGA) boundary.
12. Application fee.
13. Investigation fee, if required (fifty percent [50%] of the permit fee).
14. Additional information as may be required by the Department of Planning Services and other
Departments or the Board of County Commissioners in order to determine that the application
meets the requirements of this Chapter and the policies of Chapter 22 of this Code.
15. Special Review plat recording fee (eleven dollars [$11.00] for the first page plus ten dollars
[$10.00] for each additional page).
J , . Questionnaire. The following questions are to be answered and submitted as part of the Minor
Amendment application. If a question does not pertain to your use, please respond with "not
applicable," with an explanation as to why the question is not applicable.
1. Explain, in detail, the proposed amendment to the property.
2. Explain how this proposal is consistent with the intent of the Comprehensive Plan, pursuant to
Chapter 22 of this Code.
3 . What type of uses surround the site (explain how the proposed use is consistent and compatible
with surrounding land uses).
4. Describe, in detail, the following:
a. Number of people who will use this site.
b. Number of employees proposed to be employed at this site.
c. Hours of operation.
d. Type and number of structures to be erected (built) on this site.
e. Type and number of animals, if any, to be on this site.
f. Kind of vehicles (type, size and weight) that will access this site and how often.
g. Who will provide fire protection to the site.
h. Water source on the property (both domestic and irrigation).
Sewage disposal system on the property (existing and proposed).
j. If storage or warehousing is proposed, what type of items will be stored.
k. Explain how the stormwater drainage will be handled on the site.
Explain where storage and/or stockpile of wastes will occur on this site.
K. Site Specific Development Plan and Use By Special Review (USR) Map Requirements:
1. Vicinity Map Requirements:
a. One ( 1) inch equals two thousand (200) feet scale (1" = 2000') or other scale approved by
the Department of Planning Services.
b. Delineation of the following required information within a one-half-mile radius of the
property proposed for the Use by Special Review.
c. Section, township and range.
d. Scale and north arrow.
e. Outline of the perimeter of the parcel proposed for the Use by Special Review.
f. The general classifications and distribution of soils over the parcel under consideration
(soil classification names and agricultural capability classifications must be noted in the
legend).
g. Locations and names of all roads, irrigation ditches and water features.
h. Location of all residences within a one-half-mile radius, existing and proposed accesses to
the property, any abutting subdivision outlines and names, and the boundaries of any
adjacent municipality.
2. Plot Plan Requirements:
a. One ( 1) inch equals one hundred ( 100) feet scale (1" = 100') or other scale approved by the
Department of Planning Services.
b. Outline of the boundaries of the parcel being considered for the Use by Special Review.
c. Location and identification of all of the following items which exist within a two-hundred-
foot radius of the perimeter of the property for the Use by Special Review.
d. Public rights-of-way for telephone, gas, electric, water and sewer lines.
e. Existing and proposed structures.
f. Utility easements or rights-of-way for telephone, gas, electric, water and sewer lines.
g. Adjacent property lines and respective owner's names (may be shown on vicinity map).
h . Irrigation ditches (including names).
All hydrographic features, including streams, rivers, ponds and reservoirs.
j. Topography at two-foot contour intervals or at intervals as determined necessary by
Planning Services.
k. Location of areas of moderate or severe soil limitations.
I. Location and design of storm water management devices or structures.
m. Complete traffic circulation, access and parking plan showing locations and sizes of
features.
n. Location, amount, size and type of any existing and proposed landscaping, fencing, walls,
berms or other screening.
o. Location of any flood hazard, geologic hazard or mineral resource areas.
p. Plat Certificate Signature Blocks for Property Owners, Planning Commission and Board of
County Commissioners.
q. Affidavit of Interest of Owner's Surface Estate.
r. Water Supply Information Summary.
s. Road Access sheet.
t. Any other relevant information about the property as may be reasonably required by the
County to meet the intent and purpose of this Chapter. (Weld County Code Ordinance
2011-3)
Sec. 29-3-20. Exemptions.
A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant
authorization for any work to be done in any manner in violation of any of the provisions of this
Code, any laws of the State or other resolutions or ordinances of the County. Unless otherwise
exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for
the items listed below.
B. A building permit shall not be required for:
18. Open top, above grade water storage tanks used in the oil and gas industry. For this
exemption to take effect, the following requirements must be satisfied:
a. The tanks shall be designed by a registered, professional engineer or other certifying
body, approved by County, to be compatible with the use.
b. The party seeking the exemption must enter into an agreement with the Board of
County Commissioners.
S r_6
PROPOSED MODIFICATIONS C,/�dtzt
TO THE WELD COUNTY CODE(WCC) t
esy
CHAPTER TO BE MODIFIED: Chapter 20,Impact Fees
DIVISION OR ARTICLE TO BE MODIFIED: Article 1
SECTION(S)PROPOSED TO BE MODIFIED: Sections 20-1-50&20-1-70
RATIONALE FOR MODIFICATION:
Exempt first responder development from impact fee assessments.
PROPOSED MODIFICATION(S):
See.20-I-50.Definitions.
Grange lrall means a structure. located in a moat location, whose primury use is to provide a
meeting location for agricultund advocacy groups.
lnsthationaUgraci-pahltr means a governmental,quasi-public or institutional use or a nonpmlit
recreational use not located in a shopping center.Typical uses include elementary,secondary or
higher educational establishments, day can; centers, hospitals, mental institutions, nursing
homes,assisted living facilities.foe-.,,, ,.L.,,city halls,county court houses, post offices,jails,
libraries, museums, places of religious worship, military bases, airports. bus stations, fraternal
lodges.parks and playgmwmds.
Sec.20-1-70.Exemptions.
The following shall be exempt from the terms of this Chapter.An exemption must be claimed by
the fee payer at the time of issuance of a building permit. The Director shall determine the
validity of any claim for exemption.
D. Any development associated with Ittx-payer-<wppected emergency services such as fire,
police,or ambulance stations owned or operated by municipalities, fire districts organized
pursuant to C.R.S. §32-1.1002,or ambulance districts organized pursuant to C.R.S.§32-
1'1007.
B-lN1r12Jiislrietsnud-Mnnieiiwliliew,
C. The replacement of un existing dwelling for which the applicant/ossncr can-provide
odcquuit daeumenla i...on-thet:h=dwe ling has been occupied or-.....:..L.:...d continuously
forthe immediate-previous six(6)monrlrs.
I'. grange h:dl.
.72G/.,7-/a()
PROPOSED MODIFICATIONS
TO THE WELL)COUNTY CODE.(WCC)
CHAPTER TO RE MODIFIED: Chapter 23,Zoning Code
DIVISION OR ARTICLE.TO RE,MODIFIED: Article III
SEC tION(SI I'R()POSED TO BE MODIFIED: Section 23-1-90
RATIONALE FOR MODIFICATION:
The County received un inquiry in the County from a landowner who would like to operate a
camel farm to milk camels.Undercurrent code camels are considered exotic animals and would
require a USK.Following a work session with the BoCC on August 20,2012 the RoCC agreed
to add Yaks and Camels under the definition of LIVESTOCK.
PROPOSED MODIFICATION(S):
Section 23-1-90
L!YfiS17X:K: Cattle- bison, mules, burros, llamas.ostriches,elk,horses. swine, sheep. goats, poultry,
Yaks,canretx and rahbits
Section 23-1-90
Table 23.IA Animal Units in the A(Agricultural)Zone District
Table 23 1.1 Number of Manion Maximum hkaimtnn Ivloximum
Animal(Mils Animals Number of Nmnbce of ]unit,of Number of
in the A Equivolml to Animals per Animals per Animas per Animals per
(A@tiailaunll One Animnal Amu(I.as than Acre rhos Own Acre(Less than Acre(640 gross
640 growand A-1 I:nil 120 grins 320 tuoie was or e r)
attest ola
(Cowan:Bed acres) acres)or o minimum or* or a minimum
Animal minimum of 13 of Section or One Seeing'
Fading)Zan.: an Quaver
I)uvlrl Scion
Equivalents
Catk 4 6 S 10
Bison 4 6 5 10
Mute d 6 8 10
Osoidd 4 to II 10
Elk 4 6 8 10
Ilene 4 6 8 10
Yet. 4 6 a le
Cymsl _ _ I 0 b to
Swine .2 3 20 .30 30 9.13
Sheep .I 10 40 60 SO Ilk)
Llano .1 tO 40 60 80 100
Goal I 10 40 60 So Ilxl
Alpaca .075 13 52 ix 104 130
Poultry .02 f0 200 300 100 NM
Rabbit .02 50 200 300 4110 500
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE(WCC)
CHAPTER TO BE MODIFIED: Chapter 23,Zoning Code
DIVISION OR ARTICLE TO BE MODIFIED: Article I
SECTION(Sl PROPOSED TO BE MODIFIED: Section 23-1-90
RATIONALE.FOR MODIFICATION:
Proposed Code Change helps to clarify certain uses allowed by right in the Agricultural Zone
District- This code change specifically helps to clarify that water skiing is a use by right as long
as it's not utilized by the paying public or determined to be a Commercial Recreational Facility.
PROPOSED MODIFICATION(S):
Sec.23-1-90. Definitions.
See.23-1-90. Definitions.
For the purposes of this Chapter, certain teens or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this
Chapter in uppercase letters,shall have the meanings slated in this Section:
RECREATIONAL FACILITIES: The following classes of recreational facilities have the
following meanings:
a. PUBLK' RECREATIONAL FACILITIES: PUBLIC parks, zoos, swimming pools, golf
courses and other such facilities owned or operated by or under the direction of a government
agency or a nonprofit corporation. ,
defined-above.
b. PRIVATE RECREATIO'tiA1. FACILITIES: Includes golf courses, tennis courts,
swimming pools, country clubs and RECREATIONAL FACILITIES for fraternal
organizations,all of which are owned and operated by either nonprofit organizations with a
limited membership or by private persons who own the facilities and are the only users of
them.
c. COMMERCIAL RECREATIONAL FACILITIES`. Includes bowling alleys, health spas,
swimming pools,tennis courts,miniature golf facilities or lakes constructed specifically lie
the purpose of conducting a upon which water skiing commercial enterprise eeeurs-and-the
like,and operated on a commercial basis for IJSE by the paying PUBLIC public.
d. WATER SKIING:An aquatic recreational activity that is typically associated with a body
of water and a motorboat,and personal water craft.
Sec.23-3-40. llaee by special review.
The following D1111.UIN(iS,STRUCTURES and USES may be constructed,occupied.operated and
maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the
requirements and procedures set forth in Article II.Division 4 of this Chapter.
C. Recreational facilities and USES Including:
8. RECREATIONAL FACILITIES cacti r water tkiurg lathes rnd dirt bike tate uaasa,-for
avanrplc:thal nor us.d ae ptblte e.private COMMERCI.AI•RECRFu\TIONAI.FACILITIES.
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE(WCC)
CHAPTER TO BE MODIFIED: Chapter 23,Zoning Code
I DIVISION OR ARTICLE.TO 1W MODIFIED: Article 111
SECTION(S)PROPOSED TO BE MODIFIED: Section 23-3.20
RATIONALE FOR MODIFICATION:
Current code allows temporary concrete and asphalt batch plants as a use by tight in the
Agricultural, I-I and 1-2 Zone Districts only if they arc temporary and benefits a public
mad project.There is one concrete batch plant(and perhaps several more on the horizon)
that is located on private property which benefits a private use by right operation.This
code change will allow temporary botching operations lo be conducted on property
regardless if it's for public or private benefit.
PROPOSED MOD1 F 1CATIONNS):
See.23-3-20.Uses allowed by right.
O. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
contraction protect or the completion of a PUBLIC mad improvements project.The six-
month limitation for this TEMPORARY use may be extended in six-month increments at
the discretion of the Director of Planning Services up to-two(2)times.and thereafter by
the Board of County.Commissioners.
Sec.23-3-210.Cd(Neighborhood Commercial)7mne District.
12. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction protect or the completion of a PUBLIC road improvements project.The six-
month limitation for this TEMPORARY use may be extended in six-month increments at
the discretion of the Director of Planning Services up to-two(2)times,and thereafter by
the Board of County Commissioners.
See.23-3-240.C-4(Highway Commercial)Zone District.
8. Asphalt or concrete batch plant used temporarily and exclusively for an on-she
esgrtruction pmiect or the completion of a PI IBLIC wad improvements project.The six-
month limitation for this TEMPORARY use may he extended in six-month increments at
the discretion of the Director of Planning Services up to-two(2)times,and thereafter by
the Board of County Commissioners.
See.23-3-310.1-I (Industrial)Zone District
10. Asphalt or concrete batch plant used temporarily and exclusively for >m_nn-site
Construction project or the completion of a PUBLIC road improvements project.The six-
month limitation for this TEMPORARY use may be extended in six-month increments at
the discretion of the Director of Planning Services up to-two(2)times,and thereafter by
the Board of County Commissioners.
Sec.23-3-320.1-2(Industrial)Zone District.
10. Asphalt or concrete batch plant used temporurily and exclusively for an on_yitc
construction proiect or the completion of a PIJI3I.IC road improvements project.The six-
month limitation for this TEMPORARY use may be extended in six-month increments at
the discretion of the Director of Planning Services up to-two(2)times,and thereafter by
the Board of County Commissioners.
Sec.23-3-330.1-3(Industrial)Zone District.
12. Asphalt or concrete batch plant used temporarily and exclusively for an on-site
construction pmject or the completion ore PI113I.IC mad improvements project.Thc six-
month limitation for this TEMPORARY use may he extended in six-month increments at
the discretion of the Director of Planning Services up to-two(2)times,and thereafter by
the Board of County Commissioners.
PROPOSED MODIFICATIONS
TO THE.WELD COUNTY CODE.(WCC)
CHAPTER TO BE MODIFIED: Chapter 23,Tuning Code
DIVISION OR ARTICLE.TO BR MODIFIED: Article Ill
SECTION(S)PROPOSED TO BE MODIFIED: Section23-3-310,23-3-320
RATIONALE FOR MODIFICATION:
The County has received some requests recently to locate Oil and Gas Support and Scrvicc
related indusuies in I-I industrial zones.Current code does not allow Oil and Gas Support and
Service in the I-1 or 1-2 zone districts. 'Phis proposed code change would allow O&G Support
and Service in the I-1 zone as a use by special review and would treat O&G Support and Service
as a use by right in the 1.2 zone.
PROPOSED MODIFICATIONIS):
See.23.3410.1-1(Industrial)Zone District.
1).Uses by Special Review.
10.OIL AND GAS SUPPORT AND SERVICE
Sec.23-3-320.1-2(Industrial)Zone District.
13.Uses Allowed by Right.
14.Oil.ANT)CAS SUPPORT AND SERVICE
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE(WCC)
CHAPTER TO BE MODIFIED; Chapter 24,Subdivision Code
DIVISION OR ARTICLE TO BE MODIFIED: Article VIII
SECTIONS)PROPOSED'1'O BE MODIFIED: Section 24-8-40P
RATIONALE FOR MODIFICATION:
Proposed Code Change helps to clarify the existing language in the code dealing with !future
recorded exemptions on Lot Ws. Staff was receiving calls from land owners and consultants
about the future fate of Lot B's and the existing language was confusing.
PROPOSED MODTBICATION(S):
P.After August 3,2010,the largest lot at an recorded exemption,may not be less
than thirty-five 135)acres Net. .
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE(WCC)
CHAPTER TO DE MODIFIED: Chapter 29,Building Permits
DIVISION OR ARTICLE TO RE MODIFIED: Article 111
SECTION(S)PROPOSED TO BE MODIFIED: Sections 29-3-20
RATIONALE.FOR MODIFICATION:
Code change deals with large above-ground storage tanks associated with the oil and liras
operations. Building permits shall not be required to obtain a building permit as long as the
operator can provide evidence that the tanks arc designed by a professional engineer.
PROPOSED MODIFICATION(S):
Sec.29-3-20.Exemptions.
A. Exemptions from the permit requirement of this Building Code shall not be deemed to
grant authorization for any work to he done in any manner in violation of any of the
provisions of this Code, any laws of the State or other resolutions or ordinances of the
County. Unless otherwise exempted by this Chapter. separate plumbing electrical and
mechanical permits will be required for the items listed below.
B. A building permit shall not be required for:
18. Open top,above grade wader storage tanks used in the oil and gas industry. For
this exemption to take diem.the following requirements must be satisfied:
a. the tanks shall be designed by a registered, professional engineer or other
certifying body.approved by County,to be compatible with the use.
The pony seeking tlteexemptien-mat-enter-into an agreement with the Board of County
Cesiwtuna_h. the partvcckine the exemption shall submit to the Department of
Planning Services evidence of insurance that will protect the perry seeking the exemption,owners
of lands adjacent to and immediately downstream from the property where the tank is to he located
and the County from claims for bodily injury,death or property damage which may arise front the
excavation.installation,construction,and/or operation of the tank Weld County muM be named as no
"Additional Named Insured"upon said insurance policies.
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE(WCC)
CHAPTER TO BE MODIFIED: Chapter 23.Zoning Code
DIVISION OR ARTICLE TO BE MODIFIED: Article II,Division IV
SEC:TRI MS)PROPOSED TO BE MODIFIED: Section 23-2-285
RATIONALE FOR MODIFICATION:
Proposed Code change helps to clarify the application process and requirements should the
Director of Planning Scniccs determine that a Minor Amendment requites Board of County
Commissioner's action.
PROPOSED MODIFICATIONISI:
A. Minor amendments to any approved Ilse by Special Review and Site Specific Development
Plan may be approved. approved with conditions,or denied administratively by the Planning
Services Director and may be authorized without additional public hearings. Such minor
amendments may be authorized by the Planning Services Director as long as the development
application,as amended.continues to comply with these standards and regulations.at least to the
extent of its original compliance.The Planning Services, Director's approval must be in writing.
the decision of the Planning Services Director may be appealed to the Board of Adjustment
pursuant to Article VI of this Chapter. Alternatively. the Planning Services Director may refer
applications for Minor Amcndmenli_W.._the Planning Commission and Board of County
Commissioners for consideration and t final decision alter a public hearing process pursuant to
Subsection I)of this Section'2;2-285.Qucztion: Would thin be theopti
the puhlie-hearine-preeees?
B.All applications will have finding of fact prepared by staff for a Minor Amendment and may
require a pre application meeting.Following submittal of a complete aDeljeat n.staff will mail
yin fil[B�ltts`ii-post cunt to neighbors within 500_fecl of thc.pruDerty with a description of the
proposed amendment.:In addition,staff RStice h unnlicalan•us'be-published notice of the
Minor Amendment application in a n xtpneer or general circulation which will dcscri ' e the
property and the prolgsed.gmrndment. Neighbors will have thirty (3O)_difys t4
Notification to neighbors within five-hundred-(500)feet of the property shall be mailed.The fee
for a minor amendment is listed in the fee schedule.as amended.
C. Review criteria for minor amendments to a Usc by Special Review Application and Site
Specific Development Plan. To approve a minor amendment, the Planning Services Director
must consider the following review criteria and find that each criterion has been met or
determined to be inapplicable:
I.'fin proposed changes will be compatible with existing and allowed uses in the surrounding
area and be in harmony with the neighborhood,
2. The proposed changes are consistent with the Comprehensive Plan pursuant to Chapter 22 of
this Code.
3. The proposed changes will not result in a substantial adverse impact on other property in the
vicinity of the subject property.
4. The recommendations of referral agencies have been considered.
5. The proposed change is not deemed to be a major change.
6. The proposed changes must be consistent with the original development standards.
D. The Planning Services Director may determine through the course of referral comments and
public feedback that refer a Minor Amendment + ' u ' . : pfound
above and can rdefer the application to the Planning Commission and the Board of County
Commissioners for a public hearing on the matter. The following will apply:
1 .Sign Posting. The Department of Planning Services will be responsible for providing and
posting a sign on the property under consideration in a location readily visible from the adjacent
publically maintained roadways. The sign will be posted at least ten (10) days ' receding the
hearing date for the Planning Commission Board of County Commissioners' Lit . In the
event the property under consideration is not adjacent to a publicly maintained road right-of-way,
a second sign at the point at which the driveway (access drive) intersects a publicly maintained
road right-of-way will be posted. The sign posting will be evidenced with a photograph and
affidavit_
2. Property Owner Notification: The Department of Planning Services will be responsible for
providing a surrounding property owners certification for properties listed within 500 feet of the
subject property and sending out notification of hearing via first class mail at least 10 days
'receding the hearing date before the Planning Commissioners Board of County Commissioners
3 . Notice of hearing shall be published in a paper of general circulation at least ten (10) days
prior to a hearing.
4. Duties of Planning Commission: The Planning Commission shall hold a public hearing on
Minor Amendment applications referred by the Planning Services Director. The Planning
Commission shall provide recommendations to the Board of County Commissioners concerning
the disposition of the requested Minor Amendment. The Planning Commission shall approve the
request for the Minor Amendment only if it finds that the applicant has met the standards or
conditions of Subsection C of this Section 23-2-285. At such hearing, the applicant has the
burden of proof to demonstrate that the standards or conditions of Subsection C of this Section
23-2-285 are met.
a. The Secretary of the Planning Commission shall forward the official recommendation of
the Planning commission and the information contained in the official record, which
includes the Department of Planning Services case file, to the Clerk to the Board within
ten (10) days after said recommendation has been made.
b. If the Planning Commission recommendation is conditional upon the applicant
completing certain specified items prior to the publication of the notice for the hearing by
the Board of County Commissioners, the ten-day period shall commence upon the
submission of the items by the applicant to the Department of Planning Services.
5. Duties of Board of County Commissioners: The Board of County Commissioners shall set a
date to hold a public hearing to take place not more than forty-five (45) days after receipt of the
Planning Commission to consider the Minor Amendment application and to take final action
thereon. At such hearing, the Board of County Commissioners shall consider the
recommendation of the Planning Commission, and from the facts presented at the public hearing
and the information contained in the official record which includes the Department of Planning
Services case file, the Board of County Commissioners shall approve the request for the Minor
Amendment only if it finds that the applicant has met the standards or conditions of Subsection C
of this Section 23-2-285. At such hearing, the applicant has the burden of proof to demonstrate
that the standards or conditions of Subsection C of this Section 23-2-285 are met.
a. Where reasonable methods or techniques are available to mitigate any negative impacts
which could be generated by the proposed USE upon the surrounding area, the Board of
County Commissioners may condition the decision to approve the Minor Amendment
upon implementation of such methods or techniques and may require sufficient
performance guarantees to be posted with the COUNTY to guarantee such
implementation.
b. Upon the Board of County Commissioners making its final decision, a resolution setting
forth that decision will be drafted and signed. A record of such action and a copy of the
resolution will be kept in the files of the Clerk to the Board.
c. If the Minor Amendment is approved, the Board of County Commissioners shall arrange
for the Department of Planning Services to record the Special Review Permit Plan map
with the County Clerk and Recorder.
E. Purpose. The purpose of this Section is to provide information to the applicant regarding the
Site Specific Development Plan and Use by Special Review Permit process.
F. Intent and Applicability. The purpose of this Section is to provide general information to an
applicant about the minor amendment application process. It is not intended to be a substitute for
the specific requirements of this Division. It is the responsibility of the applicant to be
knowledgeable of the specific requirements of this Division, for the minor amendment
application process. The Department of Planning Services is responsible for reviewing and
processing the application in accordance with Section 23-2-280.5 of this Code.
G. Preapplication Conference. It shall be at the discretion of the Department of Planning Services
to determine if a preapplication conference is necessary to meet with the applicant and discuss
information pertaining to the amendment. The standard preapplication form shall be used.
I H. Sign Posting. Tie Department of Panning Services wi__ be responsib_e for providing anc_
wi__ be posted. The sign posting wi__ be evidenced wit 1 a photograp i.
I HI. Investigation Fee. An additional fifty percent (50%) of the permit fee shall be added to the
cost of the Minor Amendment Special Review permit application fee when the use is started
without a Minor Amendment Special Review permit. The payment of the investigation fee shall
not relieve any persons from fully complying with the requirements of this Chapter, nor from any
other penalties.
I II. Application Requirements:
1 . One (1 ) original application form (additional copies may be required, on request of the
Department of Planning Services).
2. One (1 ) copy of the Special Review plat map; twenty-four (24) inches by thirty-six (36)
inches. See Subsection L below for map requirements.
3 . One (1 ) eight-and-one-half inch by eleven-inch reduced copy of the twenty-four-inch by
thirty-six-inch Special Review plat.
4. One (1 ) digital or electronic copy of completed application materials, if required.
5. One ( 1 ) original minor amendment questionnaire.
6. One (1 ) original Access Permit Application Form, if required. Clearly indicate all existing and
proposed accesses (residential, agricultural, oil and gas, ditch, etc.).
7. One (1 ) copy of the deed or legal instrument identifying the applicant's interest in the property.
8. One (1 ) copy of the document showing evidence of adequate water supply (e.g., well permit or
letter from water district). If using a well, please complete the Water Supply Information
Summary, which is available from the Department of Planning Services.
9. One ( 1 ) copy of the document showing evidence of adequate sewage disposal (e.g., septic
permit or letter from the sanitary sewer district).
10. One ( 1 ) copy of the affidavit and the certified list of the names, addresses and the
corresponding parcel identification number assigned by the County Assessor of the owners of
property (the surface estate) within five hundred (500) feet of property being considered. This
list shall be compiled from the records of the County Assessor, the County website,
www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more
than thirty (30) days prior to the date the application is submitted to the Department of Planning
Services.
11 . Notice of Inquiry if located within an Intergovernmental Agreement (IGA) boundary.
12. Application fee.
13. Investigation fee, if required (fifty percent [50%] of the permit fee).
14. Additional information as may be required by the Department of Planning Services and other
Departments or the Board of County Commissioners in order to determine that the application
meets the requirements of this Chapter and the policies of Chapter 22 of this Code.
15. Special Review plat recording fee (eleven dollars [$ 11 .00] for the first page plus ten dollars
[$ 10.00] for each additional page).
JK. Questionnaire. The following questions are to be answered and submitted as part of the
Minor Amendment application. If a question does not pertain to your use, please respond with
"not applicable," with an explanation as to why the question is not applicable.
1 . Explain, in detail, the proposed amendment to the property.
2. Explain how this proposal is consistent with the intent of the Comprehensive Plan, pursuant to
Chapter 22 of this Code.
3 . What type of uses surround the site (explain how the proposed use is consistent and
compatible with surrounding land uses).
4. Describe, in detail, the following:
a. Number of people who will use this site.
b. Number of employees proposed to be employed at this site.
c. Hours of operation.
d. Type and number of structures to be erected (built) on this site.
e. Type and number of animals, if any, to be on this site.
f. Kind of vehicles (type, size and weight) that will access this site and how often.
g. Who will provide fire protection to the site.
h. Water source on the property (both domestic and irrigation).
i. Sewage disposal system on the property (existing and proposed).
j . If storage or warehousing is proposed, what type of items will be stored.
k. Explain how the stormwater drainage will be handled on the site.
1. Explain where storage and/or stockpile of wastes will occur on this site.
I Kb. Site Specific Development Plan and Use By Special Review (USR) Map Requirements:
1 . Vicinity Map Requirements:
a. One ( 1 ) inch equals two thousand (200) feet scale ( 1 " = 2000') or other scale approved by the
Department of Planning Services.
b. Delineation of the following required information within a one-half-mile radius of the property
proposed for the Use by Special Review.
c. Section, township and range.
d. Scale and north arrow.
e. Outline of the perimeter of the parcel proposed for the Use by Special Review.
f. The general classifications and distribution of soils over the parcel under consideration (soil
classification names and agricultural capability classifications must be noted in the legend).
g. Locations and names of all roads, irrigation ditches and water features.
h. Location of all residences within a one-half-mile radius, existing and proposed accesses to the
property, any abutting subdivision outlines and names, and the boundaries of any adjacent
municipality.
2. Plot Plan Requirements:
a. One ( 1 ) inch equals one hundred ( 100) feet scale ( 1 " = 100') or other scale approved by the
Department of Planning Services.
b. Outline of the boundaries of the parcel being considered for the Use by Special Review.
c. Location and identification of all of the following items which exist within a two-hundred-foot
radius of the perimeter of the property for the Use by Special Review.
d. Public rights-of-way for telephone, gas, electric, water and sewer lines.
e. Existing and proposed structures.
f. Utility easements or rights-of-way for telephone, gas, electric, water and sewer lines.
g. Adjacent property lines and respective owner's names (may be shown on vicinity map).
h. Irrigation ditches (including names).
i. All hydrographic features, including streams, rivers, ponds and reservoirs.
j . Topography at two-foot contour intervals or at intervals as determined necessary by Planning
Services.
k. Location of areas of moderate or severe soil limitations.
I. Location and design of storm water management devices or structures.
m. Complete traffic circulation, access and parking plan showing locations and sizes of features.
n. Location, amount, size and type of any existing and proposed landscaping, fencing, walls,
berms or other screening.
o. Location of any flood hazard, geologic hazard or mineral resource areas.
p. Plat Certificate Signature Blocks for Property Owners, Planning Commission and Board of
County Commissioners.
q. Affidavit of Interest of Owner's Surface Estate.
r. Water Supply Information Summary.
s. Road Access sheet.
t. Any other relevant information about the property as may be reasonably required by the
County to meet the intent and purpose of this Chapter.
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 24, Subdivision Code
DIVISION OR ARTICLE TO BE MODIFIED: Article VIII
SECTION(S) PROPOSED TO BE MODIFIED: Section 24-8-40P
RATIONALE FOR MODIFICATION:
Proposed Code Change helps to clarify the existing language in the code dealing with future
recorded exemptions on Lot B's. Staff was receiving calls from land owners and consultants
about the future fate of Lot B's and the existing language was confusing.
PROPOSED MODIFICATION(S):
P. After August 3, 2010, the largest Lot of any, or Lot B of a two-lot recorded exemption, may not be less
than thirty-five (35) acres Net. Lot B or the largest lot is not eligible for future land exemption.
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 29, Building Permits
DIVISION OR ARTICLE TO BE MODIFIED: Article III
SECTION(S) PROPOSED TO BE MODIFIED: Sections 29-3-20
RATIONALE FOR MODIFICATION:
Code change deals with large above-ground storage tanks associated with the oil and gas
operations. Building permits shall not be required to obtain a building permit as long as the
operator can provide evidence that the tanks are designed by a professional engineer.
PROPOSED MODIFICATION(S):
Sec. 29-3-20. Exemptions.
A. Exemptions from the permit requirement of this Building Code shall not be deemed to
grant authorization for any work to be done in any manner in violation of any of the
provisions of this Code, any laws of the State or other resolutions or ordinances of the
County. Unless otherwise exempted by this Chapter, separate plumbing, electrical and
mechanical permits will be required for the items listed below.
B. A building permit shall not be required for:
18. Open top, above grade water storage tanks used in the oil and gas industry. For
this exemption to take effect, the following requirements must be satisfied:
a. The tanks shall be designed by a registered, professional engineer or other
certifying body, approved by County, to be compatible with the use.
b. The party seeking the exemption must enter into an agreement with the Board
of County Commissioners
/eft(Za
it4:12CradJfew-
Index of Code Changes
Page 1: Chapter 20; §20-1-50 & §20-1-70. Impact Fees.
Page 2: Chapter 23; §23-1-90. Definitions (Water Skiing)
Pages 3-7: Chapter 23; §23-2-285 Minor USR Modification
Page 8: Chapter 24; §24-8-40P. Subdivisions and Lot B.
Page 9: Chapter 29; §29-3-20. Building Code and Large Tanks
,;?U/02 —/C % 1
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE(WCC)
CHAPTER'1'U Kt:MODIFIED: Chapter 20.Impact Fees
DIVISION OR ARTICLE TO BE MODIFIED: Article 1
SECTION(S)PROPOSED'1O RE MODIFIED: Sections 29-1-50&20-1-70
RATIONALE FOIL MODIFICATION:
Exempt fiat responder development from impact fee assessments.
yROPOSED MODIFICATIONS):
See.20-1-50.Definitions.
(imrge hall means a stmcture, located in a rand location. whose primary use is to pnwide a
meeting location fix agricultural advocacy groups.
faetiturinmdlyu¢.i-public means a governmental.quasi-public or institutional use or a nonprofit
recreational use not located in a shopping center.Typical uses include elementary,secondary or
higher educational establishments, day care centers. hospitals. mental institutions. nursing
homes,assisted living facilities,Up sinrie : city halls,county court houses.post offices.jails.
libraries. museums, places of religious worship, military bases,airports, bus stations, fraternal
lodges,parks and playgrounds.
Sec.20-1-70.Exemptions.
Ihe following shall be exempt from the terms of this Chapter.An exemption must be claimed by
the fee payer at the time of issuance of a building permit. The Director shall determine the
validity of any claim for exemption.
I). Any development associated with tax-payer supported emergency services.such as fire.
police,or ambulance stations.
E. The replacement of an existing dwelling for which the applicant/owner can provide
adequate documentation that the dwelling has been occupied continaoasty for the
immediate previous six(6)months.
F. Grange hall.
PROPOSED MODIFICATIONS
'TO THE WELD COUNTY CODE(WCC)
CHAPTER TO BE MODIFIED: Chapter 23.Zoning Code
DIVISION OR ARTICLE.TO HE MODI Fr ED: Article I
SEC:T'ION(S)PROPOSED TO HE MODI FLED: Section 23-1-90
RA'I'IONALS FOR MODI FICAI'ION:
Pn)posed Code Change helps to clarify certain uses allowed by right in the Agricultural Zone
District. This code change specifically helps to clarify that water skiing is a use by right us lung
as it's not utilized by the paying public or determined to he a Commercial Recreational Facility.
PROPOSED MODIFICATIONS):
Sec.23-1-90.Definitions.
Sec.23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall he interpreted as
defined in this Section. The following specific words and phrases. when appearing in this
Chapter in uppercase letters,shall have the meanings stated in this Section:
RECREATIONAL FACILITIES: The following classes of recreational facilities have the
following meanings:
a. PUBLIC RECREATIONAL FACILITIES: PUBLIC parks. zoos, swimming pools, golf
courses and other such facilities owned or operated by or under the direction of a government
agency or a nonprofit corporation.which-fart-within-the lefxtitiee-e(theword PUIt JG-M
defined-above,
b. PRIVATE. RECREATIONAL FACILITIES: Includes golf courses, tennis courts,
swimming pools. country clubs and RECREATIONAL. FACILITIES fur fraternal
organizations,all of which ate owned and operated by either nonprofit organizations with a
limited membership or by private persons who own the facilities and are the only users of
them.
c. COMMERCIAL RECREATIONAL FACILITIES: Includes bowling alleys,health spas.
swimming pools, tennis courts, miniature golf facilities or lakes upon which water skiing
occurs and-the-like,and operated on a commercial basis for USE by the paying PUBLIC
public.
d, WATER SK/NO:An aquatic recreational activity that is typically associated with a body
of water and a motorboat,and personal water craft.
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PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO B MODIFIED: Chapter 23, Zoning Code
DIVISION OR ART LE TO BE MODIFIED: Article II, Division IV
SECTIONS PROPOS TO BE MODIFIED: Section 23-2-285
RATIONALE FOR MODI ICATION:
Proposed Code change helps clarify the application process and requirements should the
Director of Planning Services d ermine that a Minor Amendment requires Board of County
Commissioner's action.
PROPOSED MODIFICATION(S):
A. Minor amendments to any approved e by Special Review and Site Specific Development
Plan may be approved, approved with con itions, or denied administratively by the Planning
Services Director and may be authorized ithout additional public hearings. Such minor
amendments may be authorized by the Planni Services Director as long as the development
application, as amended, continues to comply wit these standards and regulations, at least to the
extent of its original compliance. The Planning Se ices Director's approval must be in writing.
The decision of the Planning Services Director ma be appealed to the Board of Adjustment
pursuant to Article VI of this Chapter.
B. All applications will have finding of fact prepared by aff for a Minor Amendment and may
require a pre-application meeting. Notification to neighbors within five hundred (500) feet of the
property shall be mailed. The fee for a minor amendmen is listed in the fee schedule, as
amended.
C. Review criteria for minor amendments to a Use by Special eview Application and Site
Specific Development Plan. To approve a minor amendment, the fanning Services Director
must consider the following review criteria and find that each cr erion has been met or
determined to be inapplicable:
I. The proposed changes will be compatible with existing and allowed uses 'n the surrounding
area and be in harmony with the neighborhood.
2. The proposed changes are consistent with the Comprehensive Plan pursuant t Chapter 22 of
this Code.
3. The proposed changes will not result in a substantial adverse impact on other pro erty in the
vicinity of the subject property.
4. The recommendations of referral agencies have been considered.
5. The proposed change is not deemed to be a major change.
6. The proposed changes must be consistent with the original development standards.
D. The PI ping Services Director may refer a Minor Amendment to the Board of County
Commission If the Director determines that the Minor Amendment will be refried to the
I3ounl olCoun Commissigncrs.forp hearing and action the following will_be required.
1.Sign Posting,._;I.c ljcpartment of Planning Services will be reyonsihle for providing and
posting a sign on th property under pinnidsfglion in a location readily visible hoot the adjacent
pub_linity main!ainc roadways. The sign will be posted_at least ten (l0)days precedingthe
hearing date for the S :rd of Caunn•Commissioners'hearing. In the event the property under
consideration is not adi• em to a publicly maintained road right-of-way, a,second sign at the
point ai hich-Le drive v (access drive) intersects 9_pllbiiely maintained road right-of-way
will be posted.The sign p_q ' g will he evidenced with a photograph.
2. Property)J$per Notificale :The Department Ofjlannin• Seryic;es +will be resoonsiblc for
providing a surrounding prop; owners certification for properties listed within 500 feet of the
Subteen nnmertv and sending 0 eotijtcation of hearing via first class mail nLllyst 10 Java
preceding the hearing date before Board of Courtly Qnmmissioners hearing.
3, Aotice.•f hearing shall be .ublish.d in p paper of general circulation at least ten(t0)days
prior to a hearing.
E.Purpose.The purpose of this Section i- to provide information to the applicant regarding the
Site Specific Development Plan and Use by pedal Review Permit process.
F. Intent and Applicability.The purpose of th Section is to provide general information to an
applicant about the minor amendment applicatio I process.It is not intended to be a substitute for
the specific requirements of this Division. It 's the responsibility of the applicant to be
knowledgeable of the specific requirements o this Division, for the minor amendment
application process. The Department of Planning :en•ices is responsible for reviewing and
processing the application in accordance with Section -2-280.5 of this Code.
0.Preapplication Conference.II shall he at the discretion •f the Department of Planning Services
to determine if a preapplication conference is necessary n meet with the applicant and discuss
infrrnnation pertaining to the amendment.The standard pica .lication form shall be used.
It. fide Fo a4v2.11Ie-Depsdmeat-efflaneiog-gerviees will viding and
posting n air on the property nude a-location- .;: . - ...iaaem
publically s,-The ei. -- - ten-4401 dny:.i preceding the
he r ng-date-forthe-Riserd-4-Coutrts Cora n-t = event the property under
een.idrn.LNI is-cwt-adjacent to a publicly maintained- • ` - ' • mid sign-at-Me
point atwhieh the-driveway-(access-d ely main.' - 4-way
will he peeled--The sign posting will be evidenced with a photograph.
Hl.Investigation Fee.An additional fifty percent(50%)of the permit fee s' II be added to the
cost of the Minor Amendment Special Review permit application fee when c use is started
without\Minor Amendment Special Review permit. The payment of the investigation fee shall
not relieve\any persons from fully complying with the requirements of this Chapter, nor from any
other penalties.
Id. Applicatiop Requirements:
1. One (1) original application form (additional copies may be required, on request of the
Department of Planning Services).
2. One (1) copy of the Special Review plat map; twenty-four (24) inches by thirty-six (36)
inches. See Subsection L below for map requirements.
3. One (1) eight-and-one-half inch by eleven-inch reduced copy of the twenty-four-inch by
thirty-six-inch Special Review plat.
4. One (1) digital or electronic copy of completed application materials, if required.
5. One (1) original minor amendment questionnaire.
6. One (1) original Access Permit Application Form, if required. Clearly indicate all existing and
proposed accesses (residential, agricultural, oil and gas, ditch, etc.).
7. One(1) copy of the deed or legal instrument identifying the applicant's interest in the property.
8. One (1) copy of the document showing evidence of adequate water supply (e.g., well permit or
letter from water district). If using a well, please complete the Water Supply Information
Summary, which is available from the Department of Planning Services.
9. One (I) copy of the document showing evidence of adequate sewage disposal (e.g., septic
permit or letter from the sanitary sewer district).
10. One (1) copy of the affidavit and the certified list of the names, addresses and the
corresponding parcel identification number assigned by the County Assessor of the owners of
property (the surface estate) within five hundred (500) feet of property being considered. This
list shall be compiled from the records of the County Assessor, the County website,
www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more
than thirty (30) days prior to the date the application is submitted to the Department of Planning
Services.
11. Notice of Inquiry if located within an Intergovernmental Agreement(IGA) boundary.
12. Application fee.
13. Investigation fee, if required (fifty percent [50%] of the permit fee).
14. Additional information as may be required by the Department of Planning Services and other
Departments or the Board of County Commissioners in order to determine that the application
meets the requirements of this Chapter and the policies of Chapter 22 of this Code.
15. Special Review plat recording fee (eleven dollars [$11.00] for the first page plus ten dollars
[$10.00] for each additional page).
J14. Questionnaire. The following questions are to be answered and submitted as part of the
Minor Amendment application. If a question does not pertain to your use, please respond with
"not applicable," with an explanation as to why the question is not app 'cable.
1. Explain, in detail, the proposed amendment to the property.
2. Explain how this proposal is consistent with the intent of the Compreh sive Plan, pursuant to
Chapter 22 of this Code.
3. What type of uses surround the site (explain how the proposed us is consistent and
compatible with surrounding land uses).
4. Describe, in detail, the following:
a.Numb of people who will use this site.
b. Number,of employees proposed to be employed at this site.
c. Hours of'operation.
d. Type and Number of structures to be erected (built) on this site.
e. Type and nulber of animals, if any, to be on this site.
f. Kind of vehic s (type, size and weight)that will access this site and how often.
g. Who will provi fire protection to the site.
h. Water source on t e property (both domestic and irrigation).
i. Sewage disposal sy em on the property (existing and proposed).
j. If storage or warehou ' g is proposed, what type of items will be stored.
k. Explain how the storm ater drainage will be handled on the site.
I. Explain where storage an or stockpile of wastes will occur on this site.
KL. Site Specific Development Ian and Use By Special Review (USR) Map Requirements:
1. Vicinity Map Requirements:
a. One (1) inch equals two thousan (200) feet scale (I" =2000') or other scale approved by the
Department of Planning Services.
b. Delineation of the following require 'nformation within a one-half-mile radius of the property
proposed for the Use by Special Review.
c. Section, township and range.
d. Scale and north arrow.
e. Outline of the perimeter of the parcel propos for the Use by Special Review.
f. The general classifications and distribution o soils over the parcel under consideration (soil
classification names and agricultural capability cla ifications must be noted in the legend).
g. Locations and names of all roads, irrigation ditche and water features.
h. Location of all residences within a one-half-mile ra 'us, existing and proposed accesses to the
property, any abutting subdivision outlines and nam and the boundaries of any adjacent
municipality.
2. Plot Plan Requirements:
a. One (1) inch equals one hundred (100) feet scale (1" = 1 0') or other scale approved by the
Department of Planning Services.
b. Outline of the boundaries of the parcel being considered forth Use by Special Review.
c. Location and identification of all of the following items which e ist within a two-hundred-foot
radius of the perimeter of the property for the Use by Special Revie .
d. Public rights-of-way for telephone, gas, electric, water and sewer li es.
e. Existing and proposed structures.
f. Utility easements or rights-of-way for telephone, gas, electric, water an sewer lines.
g. Adjacent property lines and respective owner's names (may be shown o vicinity map).
h. Irrigation ditches (including names).
i. All hydrographic features, including streams, rivers, ponds and reservoirs.
j. Topography at two-foot contour intervals or at intervals as determined nece ary by Planning
Services.
k. Location of areas of moderate or severe soil limitations.
I. Location and design of storm water management devices or structures.
m. Complete traffic circulation, access and parking plan showing locations and sizes features.
n. Location, amount, size and type of any existing and proposed landscaping, fence g, walls,
berms or er screening.
o. Location o ny flood hazard, geologic hazard or mineral resource areas.
p. Plat Certifica Signature Blocks for Property Owners, Planning Commission and Board of
County Commission
q. Affidavit of Interest o wner's Surface Estate.
r. Water Supply Information mmary.
s. Road Access sheet.
t. Any other relevant information a ut the property as may be reasonably required by the
County to meet the intent and purpose o 's Chapter.
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