HomeMy WebLinkAbout20112273.tiff JL4flt /\_Q C\Gll.j
WELD COUNTY
CODE ORDINANCE 2011 -9
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23
ZONING, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1 , enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption , and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein .
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 23
ZONING
RATIONALE FOR MODIFICATION:
Section 22-2-20.A (A. Goal 1) states: "Respect and encourage the continuation of agricultural land uses
and agricultural operations for purposes which enhance the economic health and sustainability of
agriculture. " This proposed code change is one of the code changes requested to make Weld County
more attractive to the Dairy industry to address the added demand for milk generated by the new Leprino
Foods facility in Greeley and to make it friendlier to (confined animal feeding operations) CAFO
operations in general. The number of animal units would not increase from the existing level (4 animal
units per acre) for parcels 80 acres or less, would increase to 6 animal units per acre on parcels greater
than 80 acres and less than 320 acres, increase to 8 animal units per acre on parcels greater than 320
acres, and increase to more than 10 animal units per acre on parcels greater than 6.10 acres.
Justifications for the increase in animal units on larger parcels are: improvements in site selection and
management of dairy and other CAFO facilities have improved the efficiency of the facilities while at the
same time reducing the associated impacts of these facilities (such as odor, flies...). It should also be
noticed that facilities of a certain size are required to adhere to the State of Colorado Confined Animal
Feeding Operation (CAFO) regulations for all of the animal types listed in the ANIMAL UNIT definition.
Amend Sec. 23-1-90 as follows:
ANIMAL UNIT: A term and number used to establish an equivalency for various species of
LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements
PAGE 1 2011 -2273
ORD2011 -9
I of the A (Agricultural, A-1 (Concentrated Animal Zone District) , Estate or R-1 (Low-Density
Residential) Zone Districts. LIVESTOCK in excess of the bulk requirements for the Agricultural
Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT
OPERATION. In the A-1 (Concentrated Animal) Zone District, the applicant shall specify the
maximum number of ANIMAL UNITS and species to be associated with the Livestock
Confinement Operation. All Livestock Confinement Operations in the A-1 Zone District require a
Site Plan Review and are subject to the Site Plan Review requirements outlined in Article II .
Division 3 of the Weld County Code. All LIVESTOCK shall have the following ANIMAL UNIT
equivalents and bulk requirements contained in Tables 23. 1A, 23. 1B ._ and-23. 1C, and 23- 1D:
Table 23. IA
Animal Units in the A (Agricultural) Zone District
:4nimill-1-4ni-t- Number of Animals- ,tlaximum-
Equivalents• Equivalent to One Vumber Per Acre
Animal Unit-
Cattle -I- 4- 4-
Bison 4- � 4-
Mule 1- 4- 4-
Ostrich I- I- 4
k- -1- 4- 4--
I lorse 4- 4- 4-
Swine ,-1- 5- 20
Sheep A-- 1-0- 4A-
Llama- -1- 44 40-
Goat -1-- 4-0- 1-
Alpaca .075 4
ry t q- ;0- 200)
Rabbit i 1?- 50- 200
Animal Unit Number of Maximum Maximum Maximum Maximum
Equivalents Animals Number of Number of Number of Number of
Equivalent to Animals per Animals per Animals per Animals per
One Animal Acre (Less than Acre (Less than Acre (Less Acre (640 gross
than 640
Unit 80 gross acres) 320 gross gross acres) acres or greater)
acres) or a or a or a minimum
minimum of 1/2 minimum of of 1 Section
of a Quarter '/ of a
Section Section
Cattle I 4 6 8 10
13ison 1 4 6 8 10
Mule 1 1 4 6 8 10
Ostrich 1 1 4 6 8 10
Elk I I 4 6 8 10
I lorse I _1 6 8 10
Swine 3 20 30 40 50
Sheep 1 10 40 60 80 100
Llama I H) 10 60 80 100
Goat . 1 10 40 60 30 100
Alpaca .075 13 72 78 104 130
Poultry .02 50 200 300 400 500
Rabbit .02 50 200 300 400 500
PAGE 2 2011 -2273
ORD2011 -9
Table 23. 1D
Animal Units in the A-/ (Concentrated Animal) Zone District
Animal Unit Number of Maximum Number Maximum Maximum Number
Equivalents Animals Equivalent of Animals per Number of of Animals per
to One Animal Unit Acre (Less than Animals per Acre (640 gross
320 gross acres) or Acre (Less than acres or greater) or
640 gross
a minimum of a a minimum of I
acres) or a
Quarter Section minimum of '1/2 Section
of a Section
Cattle I 1 6 8 10
Bison 1 1 6 8 10
Mule I 1 6 8 10
Ostrich 1 1 6 8 10
Elk 1 I 6 8 10
Horse 1 I 6 8 10
Swine ? 5 30 40 50
Sheep . I 10 60 8_0 100
Llama . 1 10 60 80 100
Goat . 1 10 60 80 100
AI paca .075 13 78 104 130
Poultry .02 50 300 400 500
Rabbit .02 50 3O0 400 500
Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not
exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on
LOTS less than 80 gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a
minimum of '/2 of a quarter section and less than 320 gross acres, not to exceed eight (8)
ANIMAL UNITS per acre on LOTS a minimum of '/2 of a Section and less than 640 gross acres,
and not to exceed ten ( 10 ANIMAL UNITS per acre on LOTS 640 gross acres or larger; in the
A-1 (Concentrated Animal) Zone District, animal units shall not exceed the maximum of six (6)
ANIMAL UNITS per acre on LOTS a minimum of a quarter section and less than 320 gross
acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of '/2 of a Section
and less than 640 gross acres, and not to exceed ten ( 10' ANIMAL UNITS per acre on LOTS
640 gross acres or larger; one (1 ) per acre, not to exceed eight (8) ANIMAL UNITS per LOT in
the E (Estate) Zone District; or two (2) ANIMAL UNITS per LOT in the R-1 (Low-Density
Residential) Zone District.
RATIONALE FOR MODIFICATION:
With the increase in oil and gas production in Weld County there are additional forms and means to
transport energy commodities to market. Traditional means to transport energy include pipelines and
trucks. However, in the past year the County has been approached by the industry to look at alternatives
to transport these commodities that reduce costs. One of these transportation methods includes
transloading. Transloading is a process where a particular commodity is delivered from one mode of
transportation to another and is generally related to truck and rail, respectively. Staff is proposing to
allow transloading in the Agricultural and Industrial Zone Districts. In the "A " Zone, transloading will
require a USR (Use by Special Review). In the "I-1 ", "I-2 " and "I-3 " Zones, transloading will be a UBR
(Use by Right) and will require a SPR (Site Plan Review).
Add the following under Sec. 23-1 -90:
TRANSLOADING: A process of transferring a commodity from one mode of transportation to
another whose primary activity includes the following kinds of USES:
PAGE 3 2011 -2273
ORD2011 -9
a. Rail and Truck transloadinq of commodities and materials, including without
limitation , those for the agricultural and oil and gas industries, including, but not
limited to, grains, petroleum products, sand, pipe, and storage related to the
same.
Add the following under Sec. 23-3-40.A.7: TRANSLOADING .
Add the following under Sec. 23-3-310. B.11 : TRANSLOADING .
Add the following under Sec. 23-3-320. B. 11 : TRANSLOADING.
Add the following under Sec. 23-3-330.B.12: TRANSLOADING.
RATIONALE FOR MODIFICATION:
Section 22-2-20 A. Goal 1. states: "Respect and encourage the continuation of agricultural land uses and
agricultural operations for purposes which enhance the economic health and sustainability of
agriculture. " Section 22-2-20.A. 1 (A.Policy 1. 1) states: "Establish and maintain an agricultural land use
designation to promote the County's agricultural industry and sustain viable agricultural opportunities
for the future. " This code proposed change would allow livestock confinement operations which would
be allowed under the proposed A-1 (Concentrated Animal) Zone District to be reviewed under the Site
Plan Review process. The Site Plan Review process is an administrative review process where a site
specific development plan is reviewed for compliance with Chapter 23 of the Weld County Code.
Livestock confinement operations have specific requirements and information that needs to be reviewed
that does not apply to other land use types. The proposed code change adds the requirement that this
specific information be submitted in addition to the standard site plan review submittal items.
Amend Sec. 23-2-150. Intent and applicability.
A. No Change.
B. A Site Plan Review is required for USES in the following Zone Districts: A-1
(Concentrated Animal` , Residential R-2, R-3 and R-4 Zone Districts except for those
uses containing a single-family dwelling unit or duplex units where the two (2) units are
not held in separate ownership, all Commercial Zone Districts, all Industrial Zone
Districts, and any PUD Districts where a use would require a site plan review in an R-4,
Commercial or Industrial Zone District.
C thru L - No Change
Amend Sec. 23-2-160. Application requirements for site plan review.
Any person wanting to apply for a Site Plan Review shall arrange for a pre-application
conference with the Department of Planning Services. The purpose of the application is to give
the applicant an opportunity to demonstrate, through written and graphic information, how the
proposal complies with the standards of this Chapter. The following supporting documents shall
be submitted as a part of the application:
A thru U - No change.
V. Additional Submittal Requirements for a Livestock Confinement Operation within
the A-1 (Concentrated Animal) Zone District: In addition to the Application for
PAGE 4 2011 -2273
ORD2011 -9
site plan review requirements, the following information shall be submitted with
the Site Plan Review application for a Livestock Confinement Operation within
the A-1 (Concentrated Animal, Zone District:
1 . A Nuisance Management Plan.
2. A Lighting Plan .
3. Demonstrate that proposed wastewater impoundments will meet the
following requirements of the Colorado Water Quality Control
Commission Regulation Number 81 '6 CCR 1002-81 ' : ( 1 ) setbacks to
water wells, (2) separation from groundwater, and '3) impoundment
liner(s) meet seepage rate, and (4) impoundment wastewater storage
capacity. Evidence of such shall be provided to the Departments of
Public Health and Environment and Planning Services.
4. Provide evidence that the facility has been registered as a Confined
Animal Feeding Operation (CAFO) with the Colorado Department of
Public Health and Environment. Written evidence of such shall be
provided to the Department of Public Health and Environment.
5. A Facility Management Plan .
6. The applicant shall demonstrate compliance with Livestock Confinement
Operations Supplementary Regulations stipulated in Section 23-4-350.
7. A housing plan for employees (if necessary' .
8 . The applicant shall specify the maximum number of ANIMAL UNITS and
species to be associated with the Livestock Confinement Operation.
Reletter subsequent paragraphs.
RATIONALE FOR MODIFICATION:
Division 14 of the Weld County Code (WCC) did not address the number of medical marijuana
caregivers on a parcel of land in the A (Agricultural) Zone District. Pursuant to Article 43. 3, Title 12 of
the Colorado Revised Statutes as long as a caregiver is registered with the State and conforms to the law
the County cannot prohibit caregivers from residing in the County. This code change will restrict the
number of legal caregivers to one (1) per legal lot in the Agricultural Zone. Caregivers will not be able to
locate in Residential, Commercial, Industrial, Estate or PUD zone districts.
Add Sec. 23-3-30.O. MEDICAL MARIJUANA. One ( 1 ) caregiver of MEDICAL MARIJUANA
that is grown and sold pursuant to the provision of Article 43. 3, Title 12 of the Colorado Revised
Statute (C. R. S.) and for a purpose authorized by Section 14 of Article XVII of the Colorado
Constitution per legal parcel as per Article IV, Division 14 of the Weld County Code.
RATIONALE FOR MODIFICATION:
This proposed code change is to mods the A (Agricultural) Zone District regulations to refer back to the
Animal Units definition. A separate code change is requested to increase animal units from 4 units to 6
PAGE 5 2011 -2273
ORD2011 -9
units per acre on parcels greater than 80 acres up to 640 acres and to increase animal units from 4 units
to 10 units per acre on parcels greater than 640 acres.
Amend Sec. 23-3-50. Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District.
A thru C — No Change
D. Maximum number of ANIMAL UNITS permitted per acre: four (4) per acre or portion
thereof. In accordance with the number shown in the table associated with the definition
of ANIMAL UNITS set forth in Section 23-1 -90 of this Chapter.
E thru G — No Change
RATIONALE FOR MODIFICATION:
Section 22-2-20 A.Goal 1. states: "Respect and encourage the continuation of agricultural land uses and
agricultural operations for purposes which enhance the economic health and sustainability of
agriculture. " Section 22-2-20.A. 1 (A.Policy 1. 1) states: "Establish and maintain an agricultural land use
designation to promote the County's agricultural industry and sustain viable agricultural opportunities
for the future. " This proposed code change is a one of the code changes requested to make Weld County
more attractive to the Dairy industry to address the added demand for milk generated by the new Leprino
Foods facility in Greeley and to make it friendlier to (confined animal feeding operations) CAFO
operations in general. The intent of this new zoning district would be to allow a properly owner to specify
a zone district that allows livestock confinement operations as a use by right. The number of animal units
in the livestock confinement operation would need to be specified at the time of the change of zone
application. If approved, a livestock confinement operation would need to meet the animal unit limits
specified in the change of zone application and the specifics of the dairy operation would be reviewed by
Weld County staff through the Site Plan Review process. Surrounding property owners would be notified
of the proposed zone change and would have the opportunity to respond and attend hearings during the
change of zone hearing process. The intent of this change of zone application would be to create more
certainty for livestock confinement operators by allowing landowners to specifically advertise parcels of
land as designated for livestock confinement as opposed to requiring approval through the Use By
Special Review Permit process.
Add Sec. 23-3-60. A-1 — Concentrated Animal Zone District
A. Intent.
The Weld County Comprehensive Plan has the following goals and policies:
"Respect and encourage the continuation of agricultural land uses and agricultural operations
for purposes which enhance the economic health and sustainability of agriculture."
"Establish and maintain an agricultural land use designation to promote the County's agricultural
industry and sustain viable agricultural opportunities for the future."
"Continue the commitment to viable agriculture in Weld County through mitigated protection of
established (and potentially expanding) agricultural uses from other proposed new uses that
would hinder the operations of the agricultural enterprises."
PAGE 6 2011 -2273
ORD2011 -9
Livestock Confinement Operations require considerable investment in capital improvements,
water etc. The A-1 Concentrated Animal Zone District allows the opportunity for parcels to be
zoned specifically for confined animal feeding operations. A-1 Zoning provides certainty for
confined animal feeding operators and existing and future property owners that a property has
been designated for use as a livestock confinement operation while providing
requirements/standards to ensure that potential impacts associated with livestock confinement
operations are addressed.
B. Uses Allowed by Right
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE
shall hereafter be erected , structurally altered , enlarged or maintained in the A-1 (Concentrated
Animal) Zone District except for one ( 1 ` or more of the following USES. USES within the A-1
:Concentrated Animal) Zone District, in addition to the requirement outlined below, shall also be
subject to the additional requirements contained in Articles IV and V of this Chapter.
1 . Livestock Confinement Operations. All Livestock Confinement Operations
located within A-1 Zoning shall comply with the requirements set forth in
Section 23-4-350 of this Code. All Livestock Confinement Operations in the A- 1
Zone District require a Site Plan Review and are subject to the Site Plan Review
requirements outlined in Article II , Division 3 of the Weld County Code.
2. Uses listed as uses by right in the A (Agricultural: Zone District.
C. Accessory Uses
The following BUILDINGS , STRUCTURES and USES shall be allowed in the A-1
(Concentrated Animal) Zone District so long as they are clearly incidental and ACCESSORY to
the Uses Allowed By Right in the A-1 (Concentrated Animal) Zone District. Such BUILDINGS,
STRUCTURES and USES must be designed, constructed and operated in conformance with
the bulk requirements contained in Section 23-3-50 of this Chapter.
1 . Uses listed as accessory uses in the A (Agricultural) Zone District.
D. Uses by Special Review
1 . Uses listed as Uses by Special Review in the A (Agricultural) Zone District.
E. Bulk Requirements
1 . Minimum LOT size:
a. Irrigated : one-hundred sixty ( 160' acres (or is a parcel otherwise
recognized as a quarter section).
b. Dry: one-hundred (160) acres (or is a parcel otherwise recognized as a
quarter section) .
Minimum SETBACK: twenty (20; feet. Fences are not required to comply with the
minimum SETBACK and may be located on the property line . Fences located on
PAGE 7 2011 -2273
ORD2011 -9
corner lots abutting public rights-of-way shall not obstruct the view of vehicular
traffic at an intersection. Waste water ponds and manure storage/composting
areas associated with Livestock Confinement Operations shall be set back a
minimum of 500 feet from nearest existing residence.
3. Minimum OFFSET: three (3; feet, or one ' 1 ) foot for each three (3) feet of
BUILDING HEIGHT, whichever is greater. Fences are not required to comply
with the minimum OFFSET and may be located on the property line. Waste water
ponds and manure storage/composting areas associated with Livestock
Confinement Operations shall be offset a minimum of 500 feet from nearest
existing residence.
4. Maximum number of ANIMAL UNITS permitted per acre: In accordance with the
number shown in the table associated with the definition of ANIMAL UNITS set
forth in Section 23-1 -90 of this Chapter.
5. No BUILDING or STRUCTURE, as defined and limited to those occupancies
listed as Groups A, B, E, F, H, I , M and R in Section 302. 1 of the 2006
International Building Code, shall be constructed within a two-hundred-foot radius
of any tank battery, within a one-hundred-fifty-foot radius of any wellhead , or
within a twenty-five-foot radius of any plugged or abandoned oil and gas well.
Any construction within a two-hundred-foot radius of any tank battery, or one-
hundred-fifty-foot radius of any wellhead, shall require a variance from the terms
of this Chapter in accordance with Subsection 23-6-10. C of this Code.
6. Landscape criteria may be based upon compatibility with existing adjacent lots
and land uses.
7 . All external lighting shall be designed in accordance with Section 23-2-160. U .6 of
this Chapter.
RATIONALE FOR MODIFICATION:
The current code has a provision in the A (Agricultural) Zone District that provides some discretion to
staff during instances when a use is not listed under a URB (Use by Right) or USR (Use by Special
Review). The specific provision is located under (,¢23-3-40. V) which states "USES similar to the USES
listed above as Uses by Special Review as long as the USE complies with the general intent of the
A (Agricultural) Zone District"
Add Sec. 23-3-210. H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-1 (Neighborhood Commercial) Zone District."
Add Sec. 23-3-220.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-2 (General Commercial) Zone District."
Add Sec. 23-3-230.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-3 (Business Commercial) Zone District."
Add Sec. 23-3-240.H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the C-4 (Highway Commercial) Zone District."
PAGE 8 2011 -2273
ORD2011 -9
Add Sec. 23-3-310. H. " USES similar to the USES listed above, so long as the USE
complies with the general intent of the I-1 (Industrial) Zone District."
Add Sec. 23-3-320. H. "USES similar to the USES listed above, so long as the USE
complies with the general intent of the 1-2 (Industrial) Zone District."
Add Sec. 23-3-330. H. " USES similar to the USES listed above, so long as the USE
complies with the general intent of the 1-3 (Industrial) Zone District."
RATIONALE FOR MODIFICATION:
The current code has a section in the A (Agricultural) Zone District for Oil and Gas Support and Service
as a Use by Special Review (USR). There are times when businesses or companies want to locate Oil and
Gas Support and Service in the Industrial Zone, specifically 1-3 and the current code does not list this
use. The proposed change would allow Oil and Gas Support and Service in the 1-3 zone as a Use by Right
(UBR). This use, if approved, will still require the applicant to go through the Site Plan Review Process
(SPR).
I Add Sec. 23-3-330.B. 12. "OIL AND GAS SUPPORT AND SERVICE".
RATIONALE FOR MODIFICATION:
Off-site directional signs in the A (Agricultural) Zone District have an existing setback requirement of
50 feet from the edge of existing or future road right-of-way, where off-site directional signs in the
Commercial or Industrial Zone districts only require a setback of 25 feet. This code change proposes to
reduce the Off-Site Directional Sign setback in the A (Agricultural) Zone District to be consistent with the
Commercial and Industrial setback requirement. The existing code allows Off-Site Directional signs in
the commercial and industrial zone districts to be twice as large as the A (Agricultural) Zone District
while at the same time being setback twice the distance from the right-of-way. This proposed code change
will make the setback consistent for all Off-Site Directional signs. Also, allowing a lesser setback will
help to address the visibility of these signs especially in situations where existing buildings on adjacent
properties are already setback considerably closer than 50 feet from the road right-of-way.
Amend Sec. 234-120. Requirements for setback, offset and clearance.
A thru C — No Change
D. The setback for off-site directional signs in the Agricultural Zone District shall be fifty (50)
feet twenty-five (25) feet from the current or future road right-of-way, whichever is
greater. The setback for all other freestanding signs in the Agricultural Zone District shall
be three (3) feet, or one (1 ) foot for every three (3) feet of sign height, whichever is
greater.
Remainder of Section - No Change
PAGE 9 2011 -2273
ORD2011 -9
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein , to coincide with chapters, articles, divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and subsections in said Code.
BE IT FURTHER ORDAINED by the Board if any section , subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional , such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section , subsection , paragraph , sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid .
The above and foregoing Ordinance Number 2011 -9 was, on motion duly made and
seconded , adopted by the following vote on the 19th day of September, A. D. , 2011 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer , Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM :
David E. Long
County Attorney
Douglas Rademacher
Publication : July 20, 2011
First Reading : August 22, 2011
Publication : August 24, 2011 , in the Fort Lupton Press
Second Reading : September 7, 2011
Publication : September 7, 2011 , in the Fort Lupton Press
Final Reading : September 19, 2011
Publication: September 28, 2011 , in the Fort Lupton Press
Effective: October 3, 2011
PAGE 10 2011 -2273
ORD2011 -9
Hello