HomeMy WebLinkAbout20110921.tiff 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, 2011-3 and 2011-4
PLANNER: Tom Parko
REQUEST: Code Ordinance #2011-3 and 2011-4, In the Matter of Repealing and
Reenacting, with Amendments, Chapter 23 Zoning, 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 Bill Hall.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Erich Ehrlich
Roy Spitzer
Mark Lawley
Nick Berryman
Jason Maxey
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.
2011-0921
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 February 1, 2011.
Dated the 151 of February, 2011."
Kristine Ranslem
Secretary
Mr. Ogle stated that staff is requesting two changes to the staff report. Development Standard 22 should read
"Access to the site shall be from County Road 77. Transport trucks weighing up to 40 tons will visit the site
approximately 100 times daily."
Development Standard 29 should be amended to read "Hours of operation, acceptance of waste water and
transport off-premises of recycled water, are 24 hours per day, 7 days per week."
In addition, staff requested to delete Development Standard 21 because it is a duplicate to Development
Standard 40.
Roy Spitzer moved to delete Development Standard 21 and amending Development Standards 22 and 29 as
requested by Staff, seconded by Bill Hall. Motion carried.
Troy Swain, Environmental Health, stated that there are several facilities like this request. He added that this
facility will be co-located with a recycling facility.
Don Carroll, Public Works, stated that the access is from County Road 77, which is an arterial roadway
requiring 140 feet of future right-of-way. Public Works has asked the applicant to provide an additional 40 feet
to accomplish the future right-of-way.
No traffic study is required. They did ask that improvements be made to the entrance of the facility, which
would provide a right-turn deceleration lane going in, a left-turn deceleration lane turning into the facility from
the opposite direction, along with adequate turning radiuses. The right-turn lane going out will be triggered if
truck traffic exceeds 50 vehicles during the peak hour.
Dale Butcher, 1024 49th Ave, Greeley, CO, stated that the business is to dispose of oilfield wastewater in an
environmentally sensitive way. They either filter the water and inject it into the ground nearly two miles deep or
run it through a relatively new process that allows them to reuse the water within their industry. There are
currently five such facilities.
Mr. Butcher stated added that this facility will reduce truck miles on Weld County roads by about 2 million
miles per year.
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 read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
Bill Hall moved that Case USR-1769, be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Roy Spitzer.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman , yes; Erich Ehrlich, yes; Robert Grand, absent; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey,
absent; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 2: 30 pm and reconvened at 2: 34 pm.
CASE NUMBER: ORDINANCE 2011 -2, 2011 -3, 2011 -4
PLANNER: Tom Parko and Elizabeth Relford
REQUEST: Code Ordinance #2011 -2, 2011 -3, 2011 -4, In the Matter of Repealing and
Reenacting, with Amendments, A portion of Chapter 5, Article VIII Capital
Expansion Fee and Stormwater Drainage Infrastructure Fee, Chapter 20
Road Impact Fees, Chapter 23 Zoning, and Chapter 29 Building
Regulations of the Weld County Code.
Tom Parko, Planning Services, stated that there are several code changes proposed to the Weld County
Code and began going through the list of the proposed changes.
5
Under Section 23-4-600, staff requested to amend Item 0 to read "A Weld County Road Access Permit
Application Form".
The Planning Commission agreed that under Section 23-4-620.C, it should be amended to allow 12 ( 12)
months for an applicant to commence a building permit for a second single family dwelling rather than the
proposed six (6) months.
Staff corrected Section 24-8-30 and stated that the subdivision exemption is actually intended for six (6)
purposes rather than the proposed five purposes. Mr. Parko stated that the Oil and Gas facilities were
incidentally omitted and therefore the proposed item 5 should be renumbered to "6. For the temporary use of a
parcel for Telecommunication Antenna Tower facilities."
In regard to Section 23-4-30.C Nonconforming uses of land, the Planning Commission recommended to
amend it to read "No nonconforming use of land shall cease so long as the property and associated
structure(s) associated with the nonconforming use are being maintained in accordance with this Code. If the
property and associated structure(s) are not adequately maintained the nonconforming use shall cease. Any
subsequent use of such lot or parcel shall conform to the regulations specified by this Chapter for the zoning
district in which such lot or parcel is located."
Mr. Parko said that at the Board of Adjustment meeting earlier today, the Board recommended to include a
code change to wind generators on lots less than one (1 ) acre in size, as long as that wind generator meets
the required setbacks. Bruce Barker, County Attorney recommended allowing wind generators on lots with a
minimum of one-half (1 /2) acre in size. The Planning Commission agreed with the recommendation and
wished to add that wind generators be allowed on lots with a minimum of one-half (1 /2) acre in size, as long as
that wind generator meets the required setbacks.
Elizabeth Relford, Public Works, introduced proposed code changes for Chapter 5 and Chapter 20 of the
Weld County Code. Currently, Chapter 5 includes the Capital Expansion and Stormwater fees. She added
that those impact fees in Chapter 5 would now be included in Chapter 20; therefore Chapter 20 would include
all of the Impact fees (Road Impact, Stormwater, and County Facilities).
Included with these code changes is to amend the fee schedule for Weld County Government fees under
Appendix 5D as well as to the Weld County Planning Fee Schedule under Appendix J .
Mark Lawley moved that Ordinance 2011 -2, 2011 -3 and 2011 -4 along with all the recommended changes
above, be forwarded to the Board of County Commissioners along with the Planning Commission's
recommendation of approval, seconded by Bill Hall. Motion carried unanimously.
Staff asked the Planning Commissioners if there are any other code changes they would like to see at the next
round of proposed code changes. Commissioner Berryman referred to the Energy Summit in which Weld
County had recently hosted and mentioned that there was a recommendation of extending the height of the
wind generator to the rotor height rather than the tower height.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 3:58 pm.
Respectfully submitted,
jL, tom' 141/11-1 h
Kristine Ranslem
Secretary
6
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Zoning)
SECTION(S) PROPOSED TO BE MODIFIED: 23-1-90
RATIONALE FOR MODIFICATION:
Chapter 23, as currently adopted, provides a definition for "Agricultural Exempt Buidling:
buildings or Structures" that conflicts with the same definition in Chapter 29 (Building Code).
The definition in Chapter 23 is unneeded and confusing as its slightly diffferent than the
definition in Chapter 29.
PROPOSED MODIFICATION:
Sec. 23-1-90. Definitions.
AGRICULTURAL EXEMPT BUILDING: BU LD NGS or STRUCTURES in tie A (Agricu tura i Zone District
cesignec anc constructec to nouse farm imp cments, iay, grain, you try, I VESTOC< or oticr
iorticu tura procucts. This structure sna not be a p ace o= iuman iabitation or a p ace of emp oyment
w iere agricu tura prooucts are processed, treated or pac<agec, nor s is it be a p acc uses by trio
public.
1
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Zoning)
SECTION(S) PROPOSED TO BE MODIFIED: 23-1-90
RATIONALE FOR MODIFICATION:
It has been brought to staffs attention that several day care providers have expressed concern with the fee
under Home Occupation Class II permits, which is $300.00. The providers are also concered that the
Home Occupation Class II permit is excessive and ought to be covered under the Class I permit because,
1 ) the fee is lower, and 2) day cares with fewer than eight (8) children have fewer impacts to neighbors
than Child Care Centers, which have to be permitted through the State and have more children, etc.
PROPOSED CODE MODIFICATION(S):
Section 23- 1 -90 Home Occupation Definitions.
CLASS I
A HOME OCCUPATION - CLASS ONE shall be conducted solely by the inhabitants of the
DWELLING UNIT and comply with all criteria called out in the HOME OCCUPATION definition. The
site shall not be accessible by the public. Signage: May consist of a maximum of one ( 1 )
non-illuminated sign no more than one ( 1 ) square foot in size which must be attached to the face of the
DWELLING UNIT. Ordinarily, a HOME OCCUPATION - CLASS ONE shall include similar uses to
home office (no customers), cake decoration, and internet sales_,A dDay c-Care home (8 or fewer
children under the age of 16) shall be considered a CLASS I HOME OCCUPATIONc ete.
CLASS II
A HOME OCCUPATION - CLASS TWO shall be conducted by the inhabitants of the DWELLING
UNIT plus up to two (2) external employees and comply with all criteria called out in the HOME
OCCUPATION definition. Two (2) associated COMMERCIAL VEHICLES can be included under this
application. There shall only be incidental sales of stocks, supplies or products conducted on the
premises. Signage: May consist of a maximum of one ( 1 ) non-illuminated sign no more than nine (9)
square feet in size which must be attached to the face of the DWELLING UNIT. Does not produce traffic
volumes exceeding that produced by the DWELLING UNIT by more than 16 average daily trips,
provided adequate off-street parking is provided. Please keep in mind that one vehicle produces two trips
- one when arriving and one when leaving. Therefore, an average of only eight (8) cars can come to the
property per day. Trips include those produced by the residents for any purpose related to conducting the
business, the one employee, clients, deliveries related to the business, etcetera. Ordinarily, a HOME
OCCUPATION — CLASS TWO shall include uses similar to Hair Salon, Day Care (8 or fewer children
under the age of 16), welding shop, Tax Preparation with customers, etcetera provided it meets the criteria
set forth.
31
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Zoning)
SECTION(S) PROPOSED TO BE MODIFIED: 23-2-170
RATIONALE FOR MODIFICATION:
The code as currently adopted does not provide a minor amendment process for landowners who
propose minor modifications and changes to an approved Site Plan (SPR) plat. The code as
currently adopted speaks to "major" changes and is vague as to what triggers a "major" change.
Staff proposes to keep major changes and the criteria to process a major change as is, but
proposes the a minor amedment process, which can be processed adminitratively.
PROPOSED MODIFICATION:
Sec. 23-2- 170.
A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan
Review map and the approved use and type of occupancy.
Sec. 23-2-170.5. Minor Amendments
A. Minor amendments to any approved Site Plan Review (SPR) 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 Chapter 23 ; Article VI of the WCC (appeals).
•
•
•
staff.
&B. Review criteria for Minor Amendments to a Site Plan Review.
A. 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:
2
a. The proposed change(s) will be compatible with existing and allowed
uses in the surrounding area and be in harmony with the
neighborhood;
b. The proposed change(s) is consistent with the County Comprehensive
Plan pursuant to Chapter 22 of the WCC.
c. The proposed change(s) will not result in a substantial adverse impact
on other property in the vicinity of the subject property.
d. The recommendations of referral agencies have been considered, if
applicable.
e. Is not deemed a major change.
B. The Planning Services Director may rcfer a Minor Amcndmcnt to the
Planning Commission. If so referred, the decision of the Planning
County Commissioners.
3
PROPOSED MODIFICATION
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: Section 23-2-200 Intent and Applicability -
for USR's
RATIONALE FOR MODIFICATION:
This paragraph G. is being added to provide clarity that the entire lot/parcel needs to be included
within the boundaries for any Use by Special Review application.
PROPOSED MODIFICATION:
Sec. 23-2-200. Intent and applicability.
G. An application for a Special Review Permit shall include the entire LEGAL LOT
upon which the Special Review Permit will be located.
(Cad& G , tJ & N . cocoa, Qv(d.a wveLEA, 6121) &0104i)
26
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23
SECTION(S) PROPOSED TO BE MODIFIED: 23-2-260.
RATIONALE FOR MODIFICATION:
The current code does not require Certificate of Conveyances (COC) at the time application for
the Use by Special Review (USR) permit. COC's are necessary to ensure that the property has
been subdivided correctly and provides staff with the necessary title work to substantiate the use.
PROPOSED CODE MODIFICATION(S):
Section 23-2-260.B. 18
A Certificate of Conveyances form provided by the Department of Planning Services and
completed by a Title Insurance or Abstract Company.
17
PROPOSED MODIFICATION
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: Section 23-2-280 Changes to a Special
Review Permit
RATIONALE FOR MODIFICATION:
These modifications are being added to clarify the process to partially vacate an existing USR.
PROPOSED MODIFICATION:
Sec. 23-2-280. Changes to a Special Review Permit.
B. Any decrease in the land mass occupied by a Use by Special Review Permit shall
qualify the landowner to be able to request a partial vacation of the Use by Special Review from
the Board of County Commissioners, permitting the following:
I 2. This The partial vacation process defined herein does not create separate
parcels.
3 . To obtain a partial vacation of the Use by Special Review permit, the
applicant shall:
a. Submit a letter to the Department of Planning Services requesting
the partial vacation.
I b. Submit a revised map Use by Special Review plat to the Department of
Planning Services illustrating the vacated portion of the property and the existing
permit. The revised plat shall include a note stating that the partial vacation does
not create separate parcels.
Sec. 23-2-200. Intent and applicability.
G. An application for Special Review Permit shall include the entire LEGAL LOT
upon which the Special Review Permit will be located.
Sec. 23-2-280. Changes to a Special Review Permit.
B. Any decrease in the land mass occupied by a Use by Special Review Permit shall
qualify the landowner to be able to request a partial vacation of the Use by Special Review from
the Board of County Commissioners, permitting the following:
2. This The partial vacation process defined herein does not create separate
parcels.
3 . To obtain a partial vacation of the Use by Special Review permit, the
applicant shall:
a. Submit a letter to the Department of Planning Services requesting
the partial vacation.
b. Submit a revised ear Use by Special Review plat to the Department of
Planning Services illustrating the vacated portion of the property and the existing
permit. The revised plat shall include a note stating that the partial vacation does
not create separate parcels.
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Zoning)
SECTION(S) PROPOSED TO BE MODIFIED: 23-2-280
RATIONALE FOR MODIFICATION:
The code as currently adopted does not provide a minor amendment process for landowners who
propose minor modifications and changes to an approved Use by Special Review (USR) plat.
The code as currently adopted speaks to "major" changes and is vague as to what triggers a
"major" change. Staff proposes to keep major changes and the criteria to process a major change
as is, but proposes the a minor amedment process, which can be processed adminitratively.
PROPOSED MODIFICATION:
Sec. 23-2-280. Changes to a Special Review Permit.
A. Any approved Special Review Permit shall be limited to the items shown on the
Special Review plan map and governed by the DEVELOPMENT
STANDARDS.
Sec. 23-2-280.5. 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 Chapter 23 ; Article VI of the WCC (appeals).
B. AllAll aapplications will have finding of fact prepared by staff for a Minor Amendment
and may require a pre-application meeting„ wirtting Nnotification to neighbors within
500 feet of the property;shall be mailed. and findings of fact. The fee for a minor
amendment is listed in the 2011 fee schedule, as amended.
C. Review criteria for Minor Amendments to a Use by Special Review Application and Site
Specific development Plan.
4
A. 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:
a. The proposed change(s) will be compatible with existing and allowed
uses in the surrounding area and be in harmony with the
neighborhood;
b. The proposed change(s) is consistent with the County Comprehensive
Plan pursuant to Chapter 22 of the WCC.
c. The proposed change(s) will not result in a substantial adverse impact
on other property in the vicinity of the subject property.
d. The recommendations of referral agencies have been considered.
e. Not deemed to be a major change.
f. Must be consistent with the original development standards.
B. The Planning Services Director may refer a Minor Amendment to the
Planning Commission. If so referred, the decision of the Planning
Commission shall constitute a fins_ decision, subject to appea_ to tele Board of
County Commissioners.
5
PROPOSED MODIFICATION
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23
SECTION(S) PROPOSED TO BE MODIFIED: 23-2-330
RATIONALE FOR MODIFICATION:
Requiring mailed surrounding property owner notification of property owners for Non-1041
Major Facility of a Public Utility USR's for pipelines and transmission lines will ensure
consistency with existing notification requirements of the 1041 USR's for pipelines and
transmission lines outlined in Chapter 21 of the WCC. Additionally, requiring mailed
notification in addition to advertisement of the pipeline or transmission route(s) in the newspaper
will help ensure that all potentially impacted parties are notified.
PROPOSED MODIFICATION(S):
Sec. 23-2-330. Duties of Department of Planning Services.
6. Give notice of application for a Special Review Permit and the public hearing date to those
persons listed in the application as owners of property located within five hundred (500) feet of
the parcel under consideration. For transmission line or pipeline projects, notice of application
shall be given for surface property owners for five hundred (500) feet on either side of the
centerline of the proposed preferred alignment, and to interest holders (excluding mineral
interests) in any real property proposed to be physically disturbed or crossed by the activity or
development which is the subject of the application. Such notification shall be mailed, first-class,
no less than ten (10) days before the scheduled public hearing. Such notice is not required by
state statute and is provided as a courtesy to surrounding property owners (the surface estate.)
Inadvertent errors by the applicant in supplying such list or the Department of Planning Services
in sending such notice shall not create a jurisdictional defect in the hearing process even if such
error results in the failure of a surrounding property owner to receive such notification. However;
In addition, applicants for an electric TRANSMISSION LINE or gas PIPELINE which is more
than one (1 ) mile in length shall advertise the hearing at least once in the newspaper designated
by the Board of County Commissioners for publication of notices a minimum of ten (10) days
prior to the hearing date. The advertisement shall contain a map displaying the proposed
preferred and alternative routes along with a description of the hearing time, date and location.
The advertisement for an electric TRANSMISSION LINE or gas PIPELINE which is more than
7. Applicants for an electric TRANSMISSION LINE or gas PIPELINE which is more than
one (1) mile in length shall advertise the hearing at least once in the newspaper designated by the
Board of County Commissioners for publication of notices a minimum of ten (10) days prior to
10
the hearing date. The advertisement shall contain a map displaying the proposed alternative
routes, along with a description of the hearing time, date and location. The advertisement for an
11
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Zoning)
SECTION(S) PROPOSED TO BE MODIFIED: 23-3-110.C.5
RATIONALE FOR MODIFICATION:
Home Occupations — Class I was added to the R- 1 (and all subsequent Residential) Zone
District(s), however, the old language was not removed.
PROPOSED MODIFICATION(S):
Sec 23-3- 110.C.-5- HOME OCCUPATIONS.
25
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: 23-3-310. I- 1 , (Industrial) Zone Districts,
Section 23-3-310.B Uses Allowed by Right, Section 23-3-310.D Uses by Special Review.
RATIONALE FOR MODIFICATION:
The current code requires a Use by Special Review for Oil and Gas Production Facilities in the I-
1 , Industrial Zone District. Given the nature of the facility, staff has determined that the
potential issues associated with this land use can be fully addressed through the administratively
processed Site Plan Review process.
PROPOSED MODIFICATION(S):
Sec. 23-3-310. I-1 (Industrial) Zone District.
A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate industrial
USES which create minimal negative visual impacts.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I-1
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, 23-3-350 and 23-3-360 below.
B. 1 — B. 10 No change.
li
Add B.N OIL AND GAS PRODUCTION FACILITIES
C. Accessory Uses. The BUILDINGS, STRUCTURES and USES may be allowed in the I- 1
Zone District so long as they are incidental and ACCESSORY to the Uses Allowed by
Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and
operated in conformance with the performance standards set forth in Sections 23-3-340, 23-
3-350 and 23-3-360 below.
C. 1 — C.8 No Change
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the I-1 Zone District upon the approval of a permit
in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
1 . OIL AND GAS PRODUCTION FACILITIES . Delete and Re-Number
8
2- 1 . AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
3- 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.
4 3 . RESEARCH LABORATORY.
5 4. WIND TURBINE.
6 5 .. PROCESSING.
7.6.- CEMETERY.
8 7. WIND GENERATOR(S) requiring the issuance of Use-by-Special Review Permit, as
per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 12, of this
Code.
9 8. CORRECTIONAL FACILITY.
E. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed,
moved or structurally altered or operated in the I-1 Zone District until a Site Plan Review
has been approved by the Department of Planning Services. It shall be necessary that the
applicant in the I- 1 Zone District certify and state that the performance standards and
district requirements that are applicable to the DEVELOPMENT and USES of property
zoned I- 1 have been or shall be complied with according to the intent of Article II, Division
3 of this Chapter. This shall be accomplished through the Site Plan Review application
process. Uses listed in Subsection D above as Uses by Special Review in the I- 1 Zone
District shall be exempt from the Site Plan Review process and shall make application for
approval of a permit in accordance with the requirements and procedures set forth in
Article II, Division 4 of this Chapter.
E. 1 — E.2 No Change
F. Performance Standard Compliance Required. All BUILDINGS, STRUCTURES and land
located in the I- 1 Zone District shall be located, designed, used and occupied in such a
manner that the design and operation standards contained in Sections 23-3-340, 23-3-350
and 23-3-360 below are met.
G. Bulk Requirements. See Sections 23-3-340, 23-3-350 and 23-3-360 below. (Weld County
Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2002-9; Weld County Code
Ordinance 2005-01 ; Weld County Code Ordinance 2007- 1 ; Weld County Code Ordinance
2007- 14; Weld County Code Ordinance 2008- 16; Weld County Code Ordinance 2009-8).
9
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Zoning)
SECTION(S) PROPOSED TO BE MODIFIED: 23-3-420.D
RATIONALE FOR MODIFICATION:
Home Occupations need to be addressed in the Estate Zone District.
PROPOSED MODIFICATION(S):
Sec. 23-3-420.D. HOME OCCUPATIONS - CLASS I shall comply with Section 23- 1 -90 and
CLASS II shall comply with Section 23- 1 -90 and Article IV, Division 12 of this Chapter.
24
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: 23-4-450
RATIONALE FOR MODIFICATION:
The current code establishes a minimum lot size between 1 acre and 2.49 acres for a wind
generator with a maximum height of 40 feet and is an accessory use. The Board of Adjustment
recently took a case from a property owner in Camfield, an unincorporated town site in Weld
County seeking a variance to place a 30 foot generator on less than 1 acre. The Board of
Adjustment made a recommendation to the Planning Commission to reduce the minimum lot
size to less than 1 acre as long as the height of the wind generator meets current setbacks.
PROPOSED MODIFICATION(S):
Sec. 23-4-450. Wind Generator Standards.
WIND GENERATORS are allowed as accessory uses, subject to Zoning Permit for Wind Generator
requirements, or as a Use-by-Special Review Permit, per the height guidelines and maximum numbers for
LEGAL LOTS, below. The height of a wind tower is measured at the hub of the generator:
Accessory Use (Building Zoning Permit for Use-by-Special
Lot Size (Gross Acres) Permit Required only) WIND GENERATOR Review Permit
I *Less than I Acre 2.49 Acres Up to 40 feet and rotor 41 — 60 feet Above 60 feet, or
diameter 12 feet or less more than 3 per
LEGAL LOT
2.5 Acres — 4.99 Acres Up to 60 feet and below and 61-120 feet Above 120 feet, or
rotor diameter of 14 feet or less more than 3 per
LEGAL LOT
5 Acres and Above Up to 120 feet and below and 121-180 feet Above 180 feet, or
rotor diameter 25 feet or less more than 3 per
LEGAL LOT
*On lots less than 2.5 acres the owner shall submit evidence to the Planning Department that the
wind generator can meet the setbacks from property lines found in Section 23-4-450.D
Division 6 Wind Generators and Permitting Requirements
Sec. 23-4-450. Wind generator standards.
WIND GENERATORS are allowed as accessory uses, subject to Zoning Permit for Wind
Generator requirements, or as a Use-by-Special Review Permit, per the height guidelines and
maximum numbers for LEGAL LOTS, below. The height of a wind tower is measured at the hub
of the generator:
Lot Size (Gross Acres) Accessory Use (Building Zoning Permit for Use-by-Speck
Permit Required only) WIND Review Permi
GENERATOR
Less Than 1 Acre N/A Height (as measured Above 40 feet, of
to the tip of rotor more than 3 per
blades) limited to LEGAL LOT
that which will
ensure compliance
with Subsection 23-
4-450 C, below.
1 Acre — 2.49 Acres Up to 40 feet and rotor 41 — 60 feet Above 60 feet, of
diameter 12 feet or less more than 3 per
LEGAL LOT
2.5 Acres — 4.99 Acres Up to 60 feet and below and 61-120 feet Above 120 feet,
rotor diameter of 14 feet or less more than 3 per
LEGAL LOT
5 Acres and Above Up to 120 feet and below and 121-180 feet Above 180 feet,
rotor diameter 25 feet or less more than 3 per
LEGAL LOT
All WIND GENERATORS are subject to the following standards:
A. Up to three (3) WIND GENERATORS per LEGAL LOT are allowed. More than three
(3) WIND GENERATORS on a LEGAL LOT shall require the issuance of a Use-by-Special
Review Permit, pursuant to the requirements of Article II, Division 4 of this Chapter, or the
issuance of a 1041 Permit, pursuant to the requirements of Article III, Chapter 21 of this
Code.
B. WIND GENERATORS requiring the issuance of a Zoning Permit for WIND
GENERATOR are subject to the application requirements of Section 23-4-460 of this
Chapter. WIND GENERATORS requiring the issuance of a Use-by-Special Review Permit
are subject to the application requirements of Section 23-2-260 of this Chapter. WIND
GENERATORS requiring the issuance of a 1041 Permit are subject to the application
requirements of Article III, Chapter 21 of this Code.
C. All WIND GENERATORS must be set back from property lines, public rights-of-way
and access easements of a distance at least one ( 1 ) times the hub height of the generator (as
measured to the tip of rotor blades).
D. All WIND GENERATORS must be set back from any existing or planned overhead
lines a distance of at least one (1 ) times the hub height of the generator (as measured to the tip
of rotor blades).
E. No part of the system, including guy wire anchors, shall extend closer than thirty (30)
feet to the property boundary.
F. WIND GENERATORS must be painted or coated a nonreflective white, grey or other
neutral color.
G. WIND GENERATORS must not be artificially illuminated, unless required by the
Federal Aviation Administration (FAA).
H. Electrical controls must be wireless or underground, and power lines must be
underground, except for an interconnection to an existing above-ground power grid.
I. WIND GENERATORS are subject to the following noise limits (measured from the
nearest property line from the WIND GENERATOR):
1 ) Residential: Fifty (50) decibels.
2) Commercial: Fifty-five (55) decibels.
3) Light Industrial (I- 1 Industrial): Sixty-five (65) decibels.
4) Industrial (1-2 and I-3 Industrial): Seventy-five (75) decibels.
J. WIND GENERATORS are subject to applicable Federal Aviation Administration (FAA)
requirements and/or permits.
K. WIND GENERATORS generating power as a commercial enterprise may be subject to
regulation by the Colorado Public Utilities Commission.
L. If proposing to interconnect to a utility company, the applicant shall provide to the
Department of Planning Services a copy of a "letter of intent to interconnect:" or
interconnection agreement signed by the utility company. (Weld County Code Ordinance
2008- 16)
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Second Single Family Dwellings)
SECTION(S) PROPOSED TO BE MODIFIED: 23-4-600, 23-4-620
RATIONALE FOR MODIFICATION: Adding submittal requirements as these were not
added with original code changes as well as adding in a time limit to begin permit. These
changes also were made to be consistent with our permit requirements as far as the language.
PROPOSED MODIFICATION(S):
Sec. 23-4-600. Permit requirements.
No second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural)
Zone District shall be allowed without first receiving an approved zoning permit as required by
this Division. The intent of allowing a second SINGLE-FAMILY DWELLING on a LEGAL
LOT in the A (Agricultural) Zone District is to provide for family and caregivers to dwell on the
same LEGAL LOT. An application for any zoning permit for a second SINGLE-FAMILY
DWELLING on a LEGAL LOT in the A (Agricultural) Zone District shall include the following:
A. Name, address and telephone number of the applicant.
B. Name, address and telephone number of the owner of the land if different from
Subsection A above.
the owner of the land. A zoning permit for a second single family dwelling
application form provided by the Department of Planning Services. All fee
owners of property must sign the application or, if an authorized agent signs, a
letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner, notarized evidence must be included showing
that the signatory has legal authority of the partnership to sign for the corporation
or partnership and that the corporation or partnership has the authority to do
business in the State.
D. A legal description of the property for which the application is made.
E. Number of acres of the property.
F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or
other suitable scale to show:
12
1 . The proposed location of the second SINGLE-FAMILY DWELLING,
including distances from the property LOT lines and other STRUCTURES
on the property.
2. Access to the second SINGLE-FAMILY DWELLING, indicating whether
the access is existing or proposed. Access shall be shown on the sketch
plan and shall be shared to the extent possible. Existing accesses shall be
preferred.
3 . Location and measurements of any easements or rights-of-way.
4. Amount of road frontages.
5. Identification of any county, state or federal roads or highways.
6. Existing STRUCTURES on the property.
G. Methods of disposal of sewage or other wastes in compliance with the
. Evidence that a
water supply of sufficient quality, quantity and dependability will be/is available
to serve the proposed use. A letter from a water district or municipality or a well
permit are examples of evidence for domestic use.
u �/�ot�r��c. �� r�»s�r��cnr�rT ccrn4or arc c�r�n� n mnttr�oc• nn +�+ �o n�orcccnto arc �ci�n��4cr
___ _ _ ___ _ ___ _ __ T_i__r tiu_u__l r
H. LLLV MV V1 VNF/!/L� aa}�. ♦• Ls��-a vv� a �� �� as ��r �v v � ��
11 `` V . A statement explaining that the
both dwellings will/do have adequate means for the disposal of sewage in
compliance with the requirements of the underlying zone district and the
Department of Public Health and Environment, if applicable. An existing septic
system permit or a copy of a letter from a sanitation sewer district indicating
existing service or availability of sewage disposal to each proposed lot are
examples of evidence for domestic use.
I. An application fee.
J. The requirements of this Division 8 require the applicant to provide a 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 the property lines of the parcel to where the
mobile home shall be placed. The source of such list shall be the records of the
County Assessor, or an ownership update from a title or abstract company or
attorney, derived from such records or from the records of the County Clerk and
Recorder. If the list was assembled from the records of the County Assessor, the
applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
13
K. Notification responses of at least thirty percent (30%) of surrounding property
owners within five hundred (500) feet of the subject property in opposition to the
location of the second SINGLE-FAMILY DWELLING.
L. A copy of a deed or legal instrument identifying the applicant's interest in the
property under consideration.
M. A certificate of conveyances form provided by the Department of Planning
Services and completed by a Title Insurance or Abstract Company.
N. A detailed description of the request and its purpose and benefits.
O. A Weld County Road Access Information Sheet.
P. A Statement of Taxes from the County Treasurer showing no delinquent taxes for
the area referred to in the application materials.
Q. A signed affidavit stating that a family member/caregiver will be residing in the
second home.
Sec. 23-4-620. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a Zoning Permit for
a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone
District, which otherwise requires the approval of the Board of County Commissioners through a
public hearing process, to the Department of Planning Services upon a determination by the
Department that:
A. The applicant is in compliance with the criteria identified in this Division 8.
B. The Department of Planning Services has sent notice and received signed
notification of at least thirty percent (30%) of surrounding property owners within
five hundred (500) feet of the subject property in opposition to the location of the
second SINGLE-FAMILY DWELLING. The petition shall indicate that the
surrounding property owners who have signed the notification have objections to
the issuance of a zoning permit for the second SINGLE-FAMILY DWELLING.
Any notice not received within twenty-eight (28) days shall be deemed a positive
response of said request.
C. Construction pursuant to approval of a Second Single Family Dwelling Zoning
Permit shall be commenced within six (6) months from the date of approval,
unless otherwise specified by the Board of County Commissioners when issuing
the original Permit, or the Permit shall be vacated. The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written
request by the landowner.
14
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23 (Zoning)
SECTION(S) PROPOSED TO BE MODIFIED: 23-4-970
RATIONALE FOR MODIFICATION:
During the last set of Code Changes (Ordinance 2010-6), staff suggested an easier application
process for smaller home occupation style operations. The following recommendations are
suggestions to accurately reflect application requirements and the application process.
PROPOSED CODE MODIFICATION(S):
Section 23-4-970 HOME OCCUPATION — Class II permit requirements.
A. Intent. A HOME OCCUPATION — Class II Zoning Permit shall be obtained for
any HOME OCCUPATION falling within the definition of a Class II operation.
B. Application requirements. An application for any zoning permit for a HOME
OCCUPATION required by this Division shall include the following:
1 . Name, address and telephone number of the applicant.
2. Name, address and telephone number of the owner of the land if different
from Subsection 1 above.
3 . Evidence of interest in the subject land held by the applicant, such as a
deed, lease agreement or similar evidence.
4. �1/T�nrrn� �onn�•ts+4+ter+ �� o »L++n� +�o nr�t��snn+�n.� �n rv�n�o A
copy of a deed or legal instrument identifying the applicant's interest in the
property under consideration.
5. Number of acres of the property.
6. A sketch plan of the site at the scale of one ( 1) inch represents twenty (20)
feet or other suitable scale to show:
a. The proposed location of the commercial vehicle (if applicable),
including distances from the property LOT lines and other
STRUCTURES on the property.
18
b. Access to be utilized by the commercial vehicle (if applicable)
indicating whether the access is existing or proposed.
c. Location and measurements of any easements or rights-of-way.
d. Road Access Sheet.
e. Identification of any county, state or federal roads or highways.
f. Existing STRUCTURES on the property.
g. The STRUCTURE(s) in which the HOME OCCUPATION shall
be operated within shall be appropriately labeled. The total area of
use shall also be delineated.
7. An application fee.
8. The requirements of this Division require the applicant to provide a
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 the property
lines of the parcel. The source of such list shall be the records of the
County Assessor, or an ownership update from a title or abstract company
or attorney, derived from such records or from the records of the County
Clerk and Recorder. If the list was assembled from the records of the
County Assessor, the applicant shall certify that such list was assembled
within thirty (30) days of the application submission date.
9. Whether the property is situated within a subdivision regulated by a Home
Owners Association (HOA). If applicable, contact information shall be
provided.
10. Acknowledgement that this zoning permit shall not be transferable by the
applicant and/or owner to any successor; the zoning permit shall terminate
automatically upon conveyance or lease of the property.
11 . Evidence that a water supply of sufficient quality, quantity and dependability will
be/is available to serve the proposed lot and use, if applicable. A letter from a
water district or municipality or a well permit are examples of evidence for
domestic use.
12. A statement explaining that the proposed lots will/do have adequate means for
the disposal of sewage in compliance with the requirements of the underlying
zone district and the Department of Public Health and Environment, if
applicable. An existing septic system permit or a copy of a letter from a
sanitation sewer district indicating existing service or availability of sewage
disposal to each proposed lot are examples of evidence for domestic use.
19
13. A Weld County Road Access Information Sheet.
14. A Statement of Taxes from the County Treasurer showing no delinquent taxes for
the area referred to in the application materials.
15. Questionnaire.
C. Duties of Department of Planning Services and Board of County Commissioners.
1 . The Board of County Commissioners delegates the authority and responsibility
for processing and approving the zoning permit to the Department of Planning
Services. The Department of Planning Services shall also have the responsibility
of ensuring that all application submittal requirements are met prior to initiating
any official action. Once a complete application is submitted, the Department of
Planning Services shall send the application to referral agencies for review and
comment, if applicable. The agencies shall respond within twenty-eight (28) days
after the application is mailed. The failure of any agency to respond within
twenty-eight (28) days may be deemed a favorable response. All referral agency
review comments are considered recommendations to the County. The authority
and responsibility for approval and denial of a zoning permit rests with the
County.
2. The Department of Planning Services shall refer the application to any agencies
or individuals whose review the Department of Planning Services or the Board of
County Commissioners deems necessary.
3 . The Department of Planning Services has sent notice and has not received
signed notification from at least thirty percent (30%) of surrounding
property owners within five hundred (500) feet of the subject property in
opposition to the location of the commercial vehicle. If opposed, the
petition shall indicate that the surrounding property owners who have
signed the notification have objections to the issuance of a zoning permit
for the Home Occupation.
4. The County Planner shall prepare a permit/agreement within sixty (60) days of
receipt of a complete application. The permit/agreement shall address all aspects
of the application, including but not limited to comments received from agencies
to which the proposal was referred and the standards contained in this
Article.
5. When, in the opinion of the Department of Planning Services, an applicant
has not met one ( 1 ) or more of the standards of Section 23-4-970.D 1
through 8 and/or negative responses are received from at least 30% of the
surrounding property owners within 500 feet of the subject property, a
hearing shall be scheduled before the Board of County Commissioners.
6. The Board of County Commissioners shall hold a public hearing to
consider the permit application and to take final action thereon, if the
Planning Staff has determined that the application has not met the
standards of Section 23-4-970.D 1 through 8,. The Board of County
20
Commissioners' decision shall consider the recommendation of the
Planning Staff, referral agency responses, the application case file and
facts presented at the public hearing. The Board of County Commissioners
shall approve the permit unless it finds that the applicant has not met one
( 1 ) or more of the standards as listed in Section 23-4-970.
7. A permit/agreement shall be prepared after an application is approved and
all conditions of approval have been met. The permit/agreement shall be
submitted to the Department of Planning Services for recording in the
office of the County Clerk and Recorder.
is„e ., �.,ning per»1;t for L OME !1CC TD A TION x.,1,;..1, of
that+
o appl;..a t is ance w tl� the criteria ide ti fie i this f'hapter
€crthe e
made.
.nn Cof+t n .oc+ �n� c.ort r �t;moo �r.� lnc. v �t ro�o; or1
•
0
,
for the commercial vehicle.
3 . The application complies with any Home Owners Association (HOA)
standards.
D. Duties of the Board of County Commissioners.
The Board of County Commissioners shall hear the application at a regularly
scheduled meeting of the Board, if the application does not meet the criteria stated
in Paragraphs A through C above and Section 23- 1 -90 of this Chapter.
The Board of County Commissioners shall give notice of the application for a
zoning permit and the meeting date to those persons listed in the application as
owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first class, not less than ten ( 10)
days before the scheduled meeting. Such notice is not required by state statute
and is provided as a courtesy to surrounding property owners (the surface estate).
Inadvertent errors by the applicant in supplying such list or the Department of
Planning Services in sending such notice shall not create a jurisdictional defect in
21
the permit process, even if such error results in the failure of a surrounding
property owner to receive such notification.
The Department of Planning Services shall post a sign for the applicant on the
property in question indicating that a HOME OCCUPATION — Class II has been
requested for the property, the meeting date and telephone number where further
information may be obtained. The sign shall be posted at least ten (10) days prior
to the meeting date and evidenced with a photograph.
The Board of County Commissioners shall consider any testimony of surrounding
property owners concerning the effects of the HOME OCCUPATION on
surrounding properties. The Board of County Commissioners shall also consider
the following factors in reviewing applications for a permit for a HOME
OCCUPATION — Class II:
1 . Compatibility with surrounding area, harmony with the character of the
NEIGHBORHOOD and its effects upon the immediate area.
2. The proposal is consistent with the policies and goals of Chapter 22 of this Code.
3 . Availability of adequate water and sewage disposal facilities.
4. The general health, safety and welfare of the inhabitants of the area and
the COUNTY.
5. The proposal is consistent with the definition as expressed in Section 23-
1 -90 of this Chapter.
A. The approval of the zoning permit may be conditioned or restricted to
carry out the intent of Section 23- 1 -90 of this Chapter or to mitigate
impacts or address concerns of referral agencies. Conditions of approval
shall be met prior to recording the permit/agreement, and restrictions may
be enforced by means of conditions in the permit/agreement.
6. The application complies with any Home Owners Association (HOA)
standards, if applicable.
7. The proposed zoning permit complies with Chapter 23, Article IV,
Division 13 of this Code.
8. An access is, or can be made, available that provides for safe ingress and
egress to a public road. All accesses shall be in accordance with Chapter 8,
Article II of this Code, and shall endeavor to achieve the goal of no "net
increase" in the number of accesses onto adjacent County roads when
accesses already exist.
22
A. Where the access is adjacent to a state highway, the Colorado
Department of Transportation has jurisdiction over existing or proposed
access points. The applicant shall be responsible for obtaining a new
access permit from the Colorado Department of Transportation.
23
PROPOSED MODIFICATION
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: Section 23-7-30. Nonconforming uses of
land.
RATIONALE FOR MODIFICATION:
This section is being presented for consideration by the BOCC for modification. The current
code requires that a Nonconforming Use be abandoned after 6 months of inactivity.
PROPOSED MODIFICATION:
Sec. 23-7-30. Nonconforming uses of land.
C. Abandonment. No USE of land shall cease so long as the property and associated
STRUCTURE(S) associated with the USE are being maintained in accordance with this Code.
If any such nonconforming USE of land ceases for any reason for a period of more than six (6)
Imonths, and the property and associated STRUCTURE(S) are not adequately maintained, any
subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter
for the zoning district in which such LOT or parcel is located.
Related Defintions:
USE: Any purpose for which a STRUCTURE or a tract of land may be designed, arranged,
intended, maintained or occupied; also any activity, occupation, business or operation which is
carried on in or on a STRUCTURE or on a tract of land.
STRUCTURE: Anything that is built, constructed or erected, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, but not
including poles, lines, cables or distribution facilities of public utilities.
26
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 24
SECTION(S) PROPOSED TO BE MODIFIED: Section 24-8-30 Duties of the Department of
Planning Services.
RATIONALE FOR MODIFICATION:
Telecommunication Antenna Towers are no longer defined as public utility facilities. This code
amendment will ensure that Telecommunication Antenna Towers are still eligible for the
Subdivision Exemption process. The Subdivision Exemption process has historically been used
for Telecommunication Antenna Towers and is an appropriate process given that most
Telecommunication Antenna Towers encumber only a portion of existing properties through
lease and/or easement arrangements with property owners.
PROPOSED MODIFICATION(S):
Sec. 24-8-30. Subdivision exemption.
A. The subdivision exemption is intended for the following four (4) five (5) purposes:
1 . Division of a parcel of interest in a parcel which does not result in the creation of a new
residential or permanent building site. When otherwise allowed by recorded exemption
regulations, the subdivision exemption can be utilized in conjunction with a recorded
exemption to separate one (1 ) additional existing habitable residence with accessory
outbuildings from any of the recorded exemption parcels. A subdivision exemption lot in
conjunction with a recorded exemption created prior to March 1 , 2004, is eligible for a one-
time-only land exemption. A subdivision exemption lot in conjunction with a recorded
exemption created after March 1 , 2004, is not eligible for a future land exemption. The
subdivision exemption must meet the following criteria:
a. A minimum of two (2) habitable residential improvements are required.
b. The residential use of the improvements must be continuous with any gap in use
being less than one (1 ) year.
c. The residential improvements must be continuously claimed and taxed as residences
by the Assessor's Office.
d. The subdivision exemption is the best alternative to dispose of existing
improvements.
e. No more than one ( 1 ) subdivision exemption for this purpose may be submitted with a
recorded exemption application.
15
f. The applicant is only eligible to apply for a subdivision exemption if it is the first
recorded exemption done on the property on or after December 15, 1992, the inception
date of the subdivision exemption.
g. The residences were not originally constructed on separate legal lots.
2. For adjustment of property lines between two (2) contiguous parcels.
3. For the creation of lots for the purpose of financing.
a. Lots created for the purpose of mortgaging a dwelling unit shall not result in the
creation of a lot to be sold separately. Upon termination of the mortgage arrangement, the
lot shall cease to exist.
b. Foreclosure of the parcel created for financing purposes shall not create a separate
legal parcel unless the process described in Section 24- 1 -40, Subdivision or Subdivided
land, b. has been followed.
4. For the temporary use of a parcel for public utility facilities. (Weld County Code
Ordinance 2001 - 1 ; Weld County Code Ordinance 2002-9; Weld County Code Ordinance
2005-01 ; Weld County Code Ordinance 2009-8)
(0 For the temporary use of a parcel for Telecommunication Antenna Tower facilities.
COM Wind #6S tien 02.0 2010 -- to )
16
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 26, Regional Urbanization Areas
SECTION(S) PROPOSED TO BE MODIFIED: Section 26- 1 -50 PUD Districts in RUAs
RATIONALE FOR MODIFICATION:
Staff is requesting that additional zoning and administrative permits be exempted from the PUD
requirements in Regional Urbanization Areas. Zoning Permits for a Second Dwelling, Certificate
of Compliance for Auxiliary Quarters, Zoning Permits for Telecommunication Antenna Towers,
Zoning Permits for a Home Occupation (Class II), Zoning Permits for Wind Generators and
Temporary Seasonal Permits already have an application and review process. It is unnecessary
and inefficient to require an additional application and review through the PUD process for these
land uses.
PROPOSED MODIFICATION:
Sec. 26-1-50. PUD Districts in RUAs.
B. Exemptions from the PUD District Provisions.
1 . The following uses are exempt from utilizing the PUD process within the RUAs and will
require a Use by Special Review (USR) application:
a. Sand and gravel mining operations.
b. Home businesses as defined in Chapter 23 of this Code.
c. Agricultural service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including such uses as
outlined in Section 23-3-40.B of this Code.
d. Those uses which were legally created prior to the PUD requirement and located on a
single legally created lot.
e. Telecommunication Tower(s) greater than 70-feet in height and not located in Estate,
Residential or PUD zones with residential uses
f. Non-commercial towers greater than 130-feet in height
2. The following land use applications are exempt from utilizing the PUD process in the A
(Agricultural) Zone District within the RUAs:
a. Recorded exemption in the A (Agricultural) Zone District.
b. Subdivision exemptions.
c. Amendments to recorded exemptions and subdivision exemptions.
d. Zoning permits for mobile homes.
6
e. Zoning permits for accessory dwellings.- SD
f. Manufactured home zoning permits.-AQ
g. Certificate of compliance.
h. Flood hazard and geologic hazard development permits.
i. Zoning Permits for Telecommunication Antenna Towers.
j. Zoning Permits for Non-Commercial Towers.
k. Zoning Permits for a Home Occupation (Class I)
1. Zoning Permits for a Home Occupation (Class II)
m. Zoning Permits for Wind Generators.
n. Temporary Seasonal Permits.
7
MINOR AMENDMENT
TO SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW(USR)PROCEDURAL GUIDE SUBMITTAL CHECKLIST
APPLICATION REQUIREMENTS'
One original application form(additional copies may be required,on request of the Department of Planning Services)
One copy of the Special Reviewplat map 24"X 36" -see attached page for map requirements --if+aecessa o
P ( ) P q q 9: •
OFormatted:Left
One 8-1/2"x 11"reduced copy of the(24"X 36")Special Review plat—if-necessary Formatted:Font:12 pt
One digital or electronic copy of completed application materials,if required
One original minor amendment questionnaire
One• ad-avicesspermtt--it necessary
One original Weld County Access Permit Application Form if required Clearly indicate all existing and proposed accesses
(residential,agricultural,oil and gas,ditch etc,
One-deed
One copy of deed or legal instrument identifying applicant's interest in the property
Evrdencaef water
One copy of document showing evidence of adequate water supply(e q. well permit or letter from water district). If using a
well.please complete the attached Water Supply Information Summary
€cadence-aLsewer
One cop of document showina evidence of adequate sewage disposal (e.g septic permit or letter from the sanitary sewer
district)
Affidavit&certified 436t-of.Suirourtding-groporty-Ownew(500'^)
One copy of affidavit and certified list of the names, addresses and the corresponding parcel identification number asstgned
by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of property beino
considered. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website
wwwv co weld co us or aperso�ified to do the task. and shall be current as of a date no more than thirty days_prior to the
date the application is submitted to the Department of Planning Services
Notice of Inquiry if located within an Intergovernmental Agreement(ICA)boundary
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.
Application fee
Investigation fee if required(fifty percent offp rmit fee)
Special Review_pPlat recording fee($11.00 first page+$10.00 each additional page)
Packets shall be bound with either paper clips or binder clips (no substitutes). Applications bound in any other
fashion may be returned to the applicant without review.
ri%W M).
`.
The applicant shall submit 4 packets for a 7 day completeness review in the order listed below.
For Font Bold
Packet t will contain one original of all the above, Formatted:Font Bold
Packets 2-4 will contain one copy of all of the above '-- -- - — — --
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW(USR)PROCEDURAL GUIDE[
APPLICATION FEE HEARINGS/MEETINGS PROCESSING TIME
$500.00 Mo Hearinngs-or Meetings-However Tthe Director of the Department of
60 days
Planning Services may defer the Minor
Amendment to the Board of County
Commissioners for action
4e,
PURPOSE
The purpose of this packet is to provide information to the applicant regarding Weld County's Site Specific
Development Plan and Special Review Permit process.
INTENT AND APPLICABILITY
The purpose of this packet 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 Weld County Code,
Chapter 23, Article II, Division 4. It is the responsibility of the applicant to be knowledgeable of the specific
requirements of the Weld County Code. Chapter 23. Article II, Division 4, 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 the Weld County Code.
PRE-APPLICATION CONFERENCE
It shall be at the discretion of the Department of Planning Services to determine if a pre-application is necessary
to meet with the applicant and discuss information pertaining to the amendment. The standard pre-application
form shall be used.
SIGN POSTING
The Department of Planning Services will be responsible for posting a sign on the property under consideration in
a location readily visible from the adjacent roadway(s). The sign will be posted at least ten days precedin..the
hearing date, for the Board of County Commissioners' hearing. The sign will be provided by the Department of
Planning Services. The sign will be posted adjacent to and visible from a publicly maintained road right-of-way. In
the event the property under consideration is not adjacent to a publicly maintained road right-of-way. 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.
INVESTIGATION FEE
An additional fifty percent 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 complvq with the requirements of the Weld
County Code. Chapter 23,nor from any other penalties.
APPLICATION REQUIREMENTS:
It is the responsibility of the applicant to meet the application requirements outlined in Section 23-2-280.5 of the
Weld County Code. No Minor Amendment application shall be processed until all required items on the Minor
Amendment submittal checklist have been completed and submitted to the Department of Planning Services.
To approve a Minor Amendment Process the Planning Services Director must consider the following review
criteria and find that each criterion has been met or determined to be inapplicable:
a. The proposed change(s)will be compatible with existing and allowed uses in the surrounding area and be
in harmony with the neighborhood;
b. The proposed change(s)is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the
Weld County Code(WCC);
c. The proposed change(s)will not result in a substantial adverse impact on other properly in the vicinity of
the subject property;
d. The recommendations of referral agencies have been considered;
e. Not deemed to be a major change;
f. Must be consistent with the original development standards.
The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners.
•
MINOR AMENDMENT TO SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW.(USR)APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /5 CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number -
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www co.weld.co.us)
Legal Description ,Section_,Township_North, Range_West
Zone District: , Total Acreage: , Flood Plain: ,Geological Hazard:
Airport Overlay District:
FEE OWNER(S)OF THE PROPERTY:
Name:
Work Phone# Home Phone# Email
Address:
Address
City/State/Zip Code
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT(See Below Authorization must accompany applications signed by Authorized Agent)
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
PROPOSED AMENDMENT:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all
fee owners of properly must sign this application. If an Authorized Agent signs, a letter of authorization from all
fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be
included indicating that the signatory has to legal authority to sign for the corporation.
Signature:Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
MINOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW(USR)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 Weld
Coumy-Cede-Chapter 22 of the Weld County Code. Ceen ehensive-Plan.
4. What type of uses surround the site (explain how the proposed use is consistent and compatible with
surrounding land uses).
5. Describe,in detail,the following:
a Number of people who aro euueetty-employedat the-site.
b -- Peur6W-eperatieri.
c. Type and numberof-structures-ate-
a. a. Number of people who will use this site
b. Number of employees proposed to be employed at this site
c. c. Hours of operation
d. d.Type and number of structures to be erected(built)on this site
e. e.Type and number of animals.if any.to be on this site
f. Kind of vehicles(type size.weight)that will access this site and how often
q. p.Who will provide fire protection to the site
h. h Water source on the property(both domestic and irrigation)
I. Sewage disposal system on the propeily_(existinq and proposed)
1. i.If storage or warehousing is proposed,what type of items wit be stored l Formatted:Font:(Default)Anal
Formatted: No bullets or numbering
Explain how the storm water drainage will be handled on the site.
Explain where storage andjor stockpile of wastes will occur on this site
SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW(USR)MAP REQUIREMENTS
VICINITY MAP REQUIREMENTS
One inch equals two thousand feet scale(1"=2000')or other scale approved by the Department of Planning
Services
Delineation of the following required information within a one-half mile radius of the property proposed for
the Use by Special Review
Section,township,and range
Scale and north arrow
Outline of the perimeter of the parcel proposed for the Use by Special Review
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)
Locations and names of all roads,irrigation ditches.and water features
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
PLOT PLAN REQUIREMENTS
One inch equals one hundred feet scale(1'=100')or other scale approved by the Department of Planning
Services
Outline of the boundaries of the parcel being considered for the Use by Special Review
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 •
Public rights-of-way for telephone,gas,electric,water,and sewer lines
Existing and proposed structures
Utility easements or rights-of-way for telephone,gas,electric,water,and sewer lines
Adjacent property lines and respective owner's names(may be shown on vicinity map)
Irrigation ditches(including names)
All hydrogra_phic features including streams,rivers,ponds,and reservoirs
Topography at two foot contour intervals or at intervals as determined necessary by_Planninq Services
Location of areas of moderate or severe soil limitations
Location and design of storm water management devices or structures
Complete traffic circulation,access and parking plan showing locations and sizes of features
Location,amount,size and type of any existing and proposed landscaping,fencing,walls,berms,or other
screenin
Location of any flood hazard,geologic hazard,or mineral resource areas
Plat Certificate Signature Blocks for 1)Property Owner(s),2)Planning Commission and 3)Board of County
Commissioners
. n•;Either relevant mfornlithnn*put the, ro. ertv as ma%he rcacunahh required 1w the County:to meet the Intent and
jrno,_oI'the Weld(aunty(ode.Chapter _L_/nnmg)
•
Add Piro Certificates
Add Al id,ic it ut Intetestt(hcners Surtiice Fstatc
Add metier supfls SUMP-MIA
Add Road Access sheet
Elizabeth Strong
From: Esther Gesick
Sent: Monday, March 21, 2011 11:29 AM
To: Tom Parko
Cc: Elizabeth Strong; Bruce Barker; Trevor Jiricek
Subject: RE: Ordinance 2011-3
Sounds good. So for the notice we're sending to the paper this week, it will only reflect deletion of the SPR Minor
Amendment language. We'll publish the proposed USR language with the 3rd reading notice following BOCC review on
4/11.
Thanks Tom!
Esther E. Gesick
Deputy Clerk to the Board/Office Manager
915 10th Street
Greeley, CO 80631
tel: (970)336-7215 X4226
Bti 1011 7/7
SireWC O J NIY
u
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Tom Parko
Sent: Monday, March 21, 2011 10:15 AM
To: Esther Gesick
Subject Ordinance 2011-3
I will get with you before the 3r° reading and get the info in for minor amendment procedures, etc. Again, thank
you for your work and patience on this.
Tom Parko, M.A., CFM
Planning Manager
Weld County Dept. of Planning Services
1555 N. 17th Avenue
Greeley, CO. 80631
Office:970-353-6100, ext 3562
Mobile:970-302-5333
241 1011
ct
WELSO-!CEOONIY .2'ih .Va4111.5224!
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
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