HomeMy WebLinkAbout20112275 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Ordinance 2011-9
PRESENTED BY: Tom Parko
REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 23
Zoning, of the Weld County Code.
be recommended favorably to the Board of County Commissioners as it was previously considered by the
Planning Commission on August 2, 2011. The additional change to the Weld County Code was
recommended favorably to the Board of County Commissioners.
Motion seconded by Nick Berryman.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Ben Hansford
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.
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 September 6, 2011.
Dated the 6th of September,e 2011.
`r cY tWdIALJn( [ ,r)
Kristine Ranslem
Secretary
as//-a.2 75
Chapter 23; Article I; Section 23-1-90. Definitions.
CARGO CONTAINER: A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for repeated use,
constructed of metal and being airtight and water-resistant.
b. Specially designed to facilitate the carriage of goods, by one ( 1 ) or more modes of transport,
one ( 1 ) of which shall be by vessels, without intermediate reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer from one ( 1 ) mode
of transport to another.
d. So designed to be easy to fill and empty.
e. Having a cubic displacement of one thousand ( 1 ,000) cubic feet or more for a cargo container
used solely for storage. Cargo containers used for DWELLINGS shall conform to the bulk
requirements in each zone district.
f. A railroad car of any type shall not be considered a CARGO CONTAINER.
Chapter 23; Article III; Section 23-3-20. 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 (Agricultural) Zone District
except for one ( 1 ) or more of the following USES. Land in the A (Agricultural) Zone District is
subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A
(Agricultural) Zone District shall also be subject to the additional requirements contained in Articles
IV and V of this Chapter.
AA. CARGO CONTAINER(S) used as a SINGLE-FAMILY DWELLING UNIT and
AUXILIARY QUARTERS per LEGAL LOT.
Chapter 23; Article III; Sec. 23-3-30. Accessory uses.
K. Cargo container as Accessory STRUCTURE. One ( 1 ) cargo container as an Accessory
STRUCTURE in the A (Agricultural) Zone District may be allowed for storage of goods inside
the unit on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or
plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District. Two (2) cargo containers may be allowed on property of less than eighty (80) acres
in size, when not on a LOT in an approved or recorded subdivision or a LOT which is part of a
map or plan filed prior to adoption of any regulations controlling subdivisions. Up to five (5)
cargo containers may be allowed on property equal to or greater than eighty (80) acres in size.
Additional containers may be allowed on all lot sizes, as described in Subsection 23-3-40.AA. A
cargo container used for storage, an office, a DWELLING or any habitable use shall require the
issuance of building permits. The following conditions shall apply:
1 . Electricity is the only utility which will be connected to the cargo container used solely
for storage. Cargo containers that have been retrofitted for habitation can be connected
to wet and dry utilities such as water, sewer and electricity.
2. The cargo container used for storage will not be used on any basis as can be used a
DWELLING or as overnight or temporary housing for any person as long as the cargo
container has been retrofitted and designed to meet all State and Local Housing and
Building Codes. The cargo container that has been retrofitted for an office,
DWELLING or any habitable use shall be designed by a licensed professional.
3 . The property upon which the cargo container is to be located must be a LEGAL LOT.
4. The applicant shall not remove any structural component of the cargo container used for
storage, an office or a DWELLING, or any habitable use making it unmovable.
5 . A cargo container used for storage, an office, a DWELLING, or any habitable use shall not
be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is
partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of
general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or
infestation with vermin or rodents. Any such cargo container used for storage, an office or a
DWELLING shall be restored to, and maintained in, the original condition it was in at the time
it was placed on the site as established by the original inspection by the Department of
Building Inspection, or it shall be removed from site.
6. A cargo container used solely for storage shall be removed from the property upon
cessation of the USE.
7. The cargo container may not be used in any manner to display a sign.
Chapter 23; Article III; Section 23-3-110. R-1 (Low-Density Residential) Zone District.
A. Intent. The purpose of the R- 1 Zone District is to provide areas in the COUNTY for
SINGLE-FAMILY residential USE that are located, designed and developed in compliance
with Chapter 22 of this Code and the adopted MASTER PLANS of affected municipalities.
The R- 1 Zone District is also intended to accommodate nonresidential land USES that are
both ACCESSORY to and compatible with residential Uses Allowed by Right in the Zone
District.
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 R- 1 Zone District except for one ( 1 ) or more of the following USES. Land
in the R- 1 Zone District must be USED in compliance with the bulk requirements contained
in Section 23-3- 160 below. USES within the R- 1 Zone District are subject to the additional
requirements contained in Articles IV and V of this Chapter.
8. CARGO CONTAINER used as a SINGLE-FAMILY DWELLING per LEGAL
LOT, said SINGLE-FAMILY WELLING shall be connected to and served by a
PUBLIC WATER system and a PUBLIC SEWER system. This requirement
does not apply to an LEGAL LOT created prior to the original effective date of
this Chapter (August 25, 1981 ).
MONDAY 19 SEPTEMBER 9:00 AM
NAME
ADDRESS
IDENTIFY 49 STREET AT 65 AVENUE
NORTHEAST CORNER OF HOMESTEAD AT ASHTON
SOUTHWEST CORNER OF MOSSBERG PROPERTY
NORTHWEST CORNER OF REHMER LAKE SUBDIVISION
I APPEAR HERE TODAY TO OFFER COMMENT RELATIVE TO
THE RE-DEFINITION OF 1A ZONING SPECIFICATIONS. I HAVE
NO PROBLEM WITH THE INCREASED STOCKING RATES
BEING PROPOSED WITHIN THE ZONING DEFINITION. I DO
HOWEVER FEEL STRONGLY THAT SUCH AN APPROVAL IS
SIGNIFICANTLY ILL-ADVISED WHEN THE PROPOSAL WOULD
BE ALLOWED WITHIN THE IMMEDIATE PROXIMITY OF
POPULATED AREAS, PRESENT OR PLANNED.
I ALSO WISH TO REGISTER SURPRISE AND COMPLAINT THAT
THIS ACTION IS BEING TAKEN WITH THE ABSENCE OF
PUBLIC NOTICE AND HEARING, OR AT LEAST THE
APPEARANCE OF SUCH.
YOU ALL KNOW ME PERSONALLY AND KNOW MY
BACKGROUND. THIS IS NOT THE FIRST TIME I'VE APPEARED
BEFORE THE COUNTY COMISSIONERS. AS THE
REPRESENTATIVE OF THE OFFENDER; AS REQUESTER OF
ZONING AND CHANGE OF USE DESIGNATIONS' AND NOW AS
A POTENTIAL COMPLAINTANT. ALTHOUGH SEVERAL
DECADES HAVE BEEN INVOLVED- I REMEMBER THE
CAUSES, EFFECTS AND DETAILS WELL.
IN RECENT HISTORY THE CITY OF GREELEY SUFFERED
MAJOR ENVIRONMENTAL RELATED PROBLEMS BECAUSE OF
THE PROXIMITY OF MAJOR CATTLE FEEDLOTS, PRIMARILY
THE ORIGINAL MONFORT LOT NORTH OF GREELEY AND
OTHER ASSOCIATED OR SIMILAR INDUSTRIES.
THE MONFORT ORGANIZATION MADE EXTENSIVE EFFORTS
TO CONTROL THE SOURCES OF THESE "IRRITANTS". y i -
1
.QD l+`t
EXPENSIVE EFFORTS TO SAY THE LEAST. REFINEMENTS IN
DUST CONTROL; STORMWATER CONTROL AND
DISPOSITION; ODOR SUPPRESSANTS AND THE LIKE. ALL
EFFORTS WERE SINCERE AND VALID BUT MANY TIMES OF
QUESTIONABLE EFFECT AT BEST. BUFFER ZONES OF
AGRICULTURAL CROP ONLY WERE CREATED WHICH
PROVIDED SOME PROTECTION TO THE COMPANY BUT THE
NET REDUCTION OF NUSIENCE INCIDENTS WAS CERTAINLY
NOT TOTAL.
THE END RESULT - THE LOTS WERE CLOSED AND
RELOCATED. EXTENSIVE TIME, EFFORT AND EXPENSE HAD
BEEN INCURRED.
TODAY I WOULD LIKE TO THINK THAT GREELEY IS FINALLY
OUT-LIVING ITS' "CITY WITH A SCENT" IDENTIFICATION
BUT YET THE REFERENCE AND REPUTATION STILL DRAGS
ON. THIS IS NOT GOOD FOR GREELEY.
MILLIONS OF DOLLARS, YEARS OF TIME AND EFFORT OF
MANY PEOPLE HAVE BEEN SPENT TO PROMOTE THIS AREA'S
ECONOMY AND VIRTUES. THIS IS GOOD FOR GREELEY.
I HAVE NO AXE TO GRIND WITH THE MOSSBERGS OR THE
WIEDEMANS. AS A PRACTICING VETERINARIAN BOTH WERE
VALUED CLIENTS. THEY OCCUPY TWO QUARTER-SECTIONS
OF GROUND WHICH ARE SURROUNDED AND CONTIGUOUS
TO DEVELOPING RESIDENTIAL AREAS. FOR THIS BOARD TO
APPROVE INCREASING LIVESTOCK CONCENTRATION ON
THESE TWO PLOTS WOULD NOT ONLY BE INSULTING BUT
FINANCIALLY DEVASTATING TO THEM AND THE
COMMUNITIES THAT ARE NOW NEIGHBORS TO THESE TWO
LONGSTANDING "FAMILY FARMS".
I PERSONALLY ACCEPT THESE AT THE CURRENT SIZE AS
"ESTABLISHED" PRIOR TO THE ZONING CHANGE. AS IS,
THEY ARE PART OF THE NEIGHBORHOOD AND CERTAINLY
KNOWN TO THOSE WHO HAVE GROWN AROUND THEM.
THEY HAVE A RIGHT TO BE THERE SO LONG AS THEY ARE
WILLING TO MEET STANDARDS IMPOSED UPON THEM BY
ESTABLISHED AUTHORITY.
HOWEVER, ALTERATION OF ZONING REGULATION WITHOUT
APPROPRIATE NOTICE AND HEARINGS IN UNACCEPTABLE.
YOU HAVE AVAILABLE TO YOU ON YOUR COMPUTERS, THE
SAME MAPS THAT I HAVE MADE COPIES OF AND HAVE WITH
ME. I WOULD POINT OUT FOR THE RECORD THAT THESE
TWO SPECIFIC QUARTER-SECTIONS ARE IMMEDIATELY
BORDERED BY GROUND WHICH IS ANNEXED EITHER BY
EVANS, OR MILLIKEN; THAT ARE CURRENTLY PLATTED,
DEVELOPED AND ESSENTIIALLY BUILT-OUT AND OCCUPIED
BY ARROWHEAD, NEVILLE'S CROSSING, HILL & PARK„
INDIAN HILLS, DOS RIOS; OR PLATTED AND RECORDED FOR
DEVELOPMENT - REHMER LAKES, THE HOMESTEAD AT
ASHTON, AND A PLANNED DISTRICT SIX SCHOOL CAMPUS
WITH A PLATTED RESIDENTIAL AREA SURROUNDING IT.
I REQUEST THAT THIS BOARD OF COMMISSIONERS INITIATE,
POST, ADVERTISE AND SCHEDULE APPROPRIATE PUBLIC
HEARINGS BEFORE BLANKET ACCEPTANCE OF THESE
POTENTIAL EXPANSIONS.
MOSSBERG SE SECTION 28 T 5 R 66
WIEDEMAN SW '/2 SECTION 27 T 5 R 66
Esther Gesick
To: ESTHER Gesick
Subject: FW: Barb's zoning question
From: Esther Gesick
Sent: Monday, September 19, 2011 10:53 AM
To: Bruce Barker
Subject: FW: Barb's zoning question
Here's the email from Lee about that...
Employee First and Last Name
Title
Department
Address
tel:
�,_..' '3 4 1 Z 0 P I
W O'cCVNTV
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: Bruce Barker
Sent: Thursday, May 05, 2011 11:27 AM
To: Barbara Kirkmeyer; Trevor Jiricek; Monica Mika; Esther Gesick; Kim Ogle
Subject: FW: Barb's zoning question
FYI.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
915 10th Street
Greeley, CO 80632
(970) 356-4000,ext.4390
Fax: (970) 352-0242
lit 20i .
r, #
W E 10�'CO U N T
I I
1
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: Lee Morrison [mailto:alaprem@hotmail.com]
Sent: Wednesday, May 04, 2011 5:06 PM
To: Bruce Barker
Subject: RE: Barb's zoning question
The 4/acre existed in the Zoning Reso although not sure when it was put in the Resolution.
Esther references the lack of tie- in of the 4 au/acre between 8/81 & 9/92. My recollection
of the explanation in 1992 was that it was an oversight in '81 since it was enforced during that
time as if it existed. The factual basis was suposedly some discussions w/C5U extension or
5C5 now NRCS over the carrying capacity of the land. I believe that the Reso and the Ord
bound books that I kept in my office showed the 4 au/acre during 8/81 & 9/92 as part of the
Ordinance
> From: bbarker@co.weld.co.us
> To: alaprem@hotmail.com
> Date: Mon, 2 May 2011 15:03:18 -0600
> Subject: FW: Barb's zoning question
> Lee:
> Any idea where the original 4 animal unit limit came from?
> Bruce T. Barker, Esq.
> Weld County Attorney
> P.O. Box 758
> 915 10th Street
> Greeley, CO 80632
> (970) 356-4000, ext. 4390
> Fax: (970) 352-0242
> 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.
> Original Message
> From: Trevor Jiricek
> Sent: Monday, May 02, 2011 2:59 PM
> To: Esther Gesick; Barbara Kirkmeyer
> Cc: Bruce Barker; Kim Ogle; Monica Mika
> Subject: Re: Barb's zoning question
> Thanks for looking Esther. I have to believe the 4 AU/ac came about from some previously established national criteria
(possibly in the CWA). I did some snooping around on-line this morning and found several federal (USDA and NRCS) docs
referencing 4 AU's/ac from the 1970's. Also, noted that 4 is a common # in mnay jurisdictions not sure if this helps?
2
> Original Message
> From: Esther Gesick
>To: Barbara Kirkmeyer
> Cc: Bruce Barker; Trevor Jiricek; Kim Ogle; Monica Mika
> Sent: Mon May 02 14:39:36 2011
> Subject: RE: Barb's zoning question
> Barb,
> In reading through the various zoning regulations starting in 1961, I only found a reference to "four per lot" in the
definition for Kennel (see #610128 in TylerMinutes), and it was there until our first Zoning Ordinance, ORD89, approved
August 10, 1981, which is the first document containing the definition for "Animal Unit" but did not call out the amount
per acre (see #810482). Ord 89-W, approved October 19, 1992, later tied the definition in with the Bulk Requirements
and the number of units per acre (see #921548). If you need more than this, let me know and I'll keep digging, and
please note Bruce's response below.
> Thanks!
> Esther E. Gesick
> Deputy Clerk to the Board/Office Manager
> 915 10th Street
> Greeley, CO 80631
> tel: (970) 336-7215 X4226
> 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.
> Original Message
> From: Bruce Barker
> Sent: Friday, April 29, 2011 4:51 PM
> To: Esther Gesick; Trevor Jiricek; Kim Ogle; Monica Mika
> Subject: RE: Barb's zoning question
> I remember going through the minutes from the Board meeting for the original and came up with little, if any,
guidance about the reasons for any of the things in it.
> Bruce T. Barker, Esq.
> Weld County Attorney
> P.O. Box 758
> 915 10th Street
> Greeley, CO 80632
> (970) 356-4000, ext. 4390
> Fax: (970) 352-0242
> 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.
3
> Original Message
> From: Esther Gesick
> Sent: Friday, April 29, 2011 4:38 PM
> To: Bruce Barker; Trevor Jiricek; Kim Ogle; Monica Mika
> Subject: FW: Barb's zoning question
> Do any of you have this wisdom at your fingertips before I start reading through old Zoning regs to see if I can locate
anything?
> Esther E. Gesick
> Deputy Clerk to the Board/Office Manager
> 915 10th Street
> Greeley, CO 80631
> tel: (970) 336-7215 X4226
> 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.
> Original Message
> From: Barbara Kirkmeyer
> Sent: Friday, April 29, 2011 11:15 AM
> To: Esther Gesick; Bruce Barker; Trevor Jiricek
> Subject:
> Esther
> Do we have anything in record from when the county first went to zoning (1972) to how it was determined "4 animal
units per acre".
4
Area and is contiguous with the Town's corporate limits,the Town of Windsor Planning Commission reviewed
the referral and recommended that the applicants be referred to the Town of Windsor for annexation.
Commissioner Holton asked how far away the sewer line is. Mr. Ballstadt replied that it is located
approximately 600 to B00 feet to the east of 17`"Street. Mr. Holton asked how the Town of Windsor would look
at the existing septic system. Mr. Ballstadt stated that until the existing septic system has been reviewed by
an engineer and they have more information that the Town's Water and Sewer Board could consider they may
elect to allow continued service by the septic system if the County's Health Department approves that permit.
Mr. Weakland said that the existing sewer line is over 1200 feet. He added that they would have to put in a
forced main and that would just get it from the southeast corner of the property to the existing sewer line; it
doesn't bring it from their existing bathrooms to that forced main area and it will be a very expensive venture
going under 17th Street and connecting it to the existing sewer line. Initially when this USR was approved they
were approximately 1 mile away and supplied with water from North Weld County Water District. He added
that when the Walmart development went through the Town of Windsor acquired that land. Because of that
land annexation, the Town of Windsor took over their water supply.
Mr. Weakland said that Mr. Ballstadt has been working very diligently with them to try and make this happen.
However there have been some huge hurdles put in front of them that Mr. Ballstadt can't answer himself and
they have an opportunity to try and make this brewery happen in this short development window in getting
State and Federal licensing for the brewery plus building it. If they try to go through the annexation process,
the minimum time to get this built would be approximately 1 year. He said that the sewer main line would
deplete his funds and the micro brewery would not become a reality.
Mr. Weakland said that right now they have the ability to utilize their property under Weld County's Right to
Farm and they would like to use that to the fullest with this property. They can have chickens and guineas to
eat the grasshoppers and they can use biological control methods to try and limit infestation of different bugs
that can attack the hops and crops. They can grow different crops without having to go through Town
Planning meetings as it is ag use currently. At this point there is no guarantee with the Town of Windsor and
they would like to use the agriculture that exists currently.
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.
Robert Grand moved that Case AmUSR-1251, be forwarded to the Board of County Commissioners along
with the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Jason Maxey.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, yes; Robert Grand, yes; Bill Hall, yes; Alexander Zauder, yes; Jason Maxey, yes; Benjamin
Hansford, yes; Mark Lawley, absent; Tom Holton, yes. Motion carried unanimously.
The Chair called a recess at 3:24 pm and reconvened the meeting at 3:32 pm.
CASE NUMBER: Ordinance 2011-9, and Ordinance 2011-10
PRESENTED BY: Tom Parko and Dave Bauer
REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 8 Public
Works and Chapter 23 Zoning, of the Weld County Code.
Tom Parko, Planning Services, stated that last month staff presented some proposed code changes to the
Planning Commission. An additional change is being presented today in regard to cargo containers and
habitation. Staff has been approached with individuals and businesses converting cargo containers into
offices and residential use. This proposed code change would allow individuals to take cargo containers that
have been retrofitted and use them as an office or even for a residential dwelling. Mr. Parko pointed out that
the retrofitted cargo containers would be allowed in a residential zone district as long as it met building codes.
Mr. Grand expressed concern that there may be issues if it is opened to all residential districts and added that
it may be difficult where there are stick built homes and then these containers move in.
9
Robert Grand moved that Ordinance 2011-9, be forwarded to the Board of County Commissioners along with
the Planning Commission's recommendation of approval, seconded by Nick Berryman. Motion carried
unanimously.
Dave Bauer, Public Works,gave a brief presentation on the advantages of a having a good grading plan. Site
changes such as construction grading at a site are already reviewed through the land use review process; but
there are some projects where individuals do not go through the land use process. There are projects that are
not a land use change but there is large construction involved. The grading plan allows the County to review
the work and possibly prevent a problem before it starts.
Mr. Bauer said that when less than 1 acre is disturbed a grading permit will not be required. In addition,
individual home sites, tilled acreage, oil and gas well sites and the mined area in a gravel pit will not be
required to submit a grading permit.
Commissioner Holton asked who decides what the collateral will be. Mr. Bauer said that there are formulas
for different projects but it would be based on the disturbed area and restoration of the disturbed area. Mr.
Holton asked if there would be an appeal process regarding the collateral. Bruce Barker, County Attorney,
said that there are two options. The staff, via the director, makes that determination which is then appealable
to the Board of County Commissioners or it's the Board of County Commissioners that make the
determination as to the amount of sufficient collateral. Mr. Holton said that maybe staff could make the
determination if it is a small amount rather than going to the County Commissioners. Mr. Barker suggested
that staff could make the determination and it would be appealable to the County Commissioners. Mr. Holton
said that he would be in favor of that.
Robert Grand moved that Ordinance 2011-10 be forwarded to the Board of County Commissioners along with
the Planning Commission's recommendation of approval, seconded by Alexander Zauder. Motion carried
unanimously.
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 4:15 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
10
g-a- I/
The Chair read the last case into record.
CASE NUMBER: Ordinance 2011-6, Ordinance 2011-9, and Ordinance 2011-10
PRESENTED BY: Tom Parko and Frank Piacentino
REQUEST: In the Matter of Repealing and Re-Enacting, with Amendments, Chapter 8
Public Works, Chapter 23 Zoning and Chapter 29 Building Regulations, of the
Weld County Code.
Tom Parko, Planning Services, introduced the proposed code changes. A lengthy discussion took place over
Sections 23-3-60 and 23-2-160.V regarding animal species and units allowed in the proposed new A-1
Concentrated Animal Zone District. Commissioner Holton inquired as to why at the time of Change of Zone to
A-1 does the animal species need to be defined. He added that given the zone district, surrounding property
owners should be aware that no matter the species it is a confined animal zone district. He is concerned that
if someone wished to change the species from cattle to chicken that they would need to go through the entire
public process again.
Bruce Barker, County Attorney, stated that we require a new Site Plan Review in the commercial zone districts
every time the business changes so why don't we do the same thing with this process. Trevor Jiricek,
Planning Director, stated that it seems reasonable to not require the species at the time of change of zone;
rather it would be called out at the Site Plan Review process.
Mr. Barker noticed that we need to include the A-1 Zone District under Section 23-2-150.B and recommended
moving the language "The applicant shall specify the maximum number of animal units and species to be
associated with the Livestock Confinement Operation"from Section 23-3-60.6.1 to Section 23-2-160.V.8
With regard to Chapter 8 Public Works, Sections 8-12-10 and 8-12-140 regarding Grading Permits, the
consensus of the Planning Commission was to continue this until the September hearing to allow additional
time to review the changes particularly the insurance and bonding requirements as well as some duplicate
requirements with the State of Colorado.
Robert Grand moved to make the recommended amendments to the proposed code changes in Section 23-3-
60.8.1, seconded by Benjamin Hansford. Motion carried.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Ordinance 2011-6 and Ordinance 2011-9 along with amendments suggested by
staff be forwarded to the Board of County Commissioners along with the Planning Commission's
recommendation of approval, seconded by Alexander Zauder. In addition, Mr. Grand moved to continue
Ordinance 2011-10 to the September 6, 2011 Planning Commission hearing, seconded by Mr. Zauder.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,yes; Robert Grand, yes; Bill Hall,absent;Alexander Zauder,yes; Jason Maxey,yes;Ben Hansford,
yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously.
Meeting adjourned at 3:51 pm.
Respectfully submitted,
aultnn
Kristine Ranslem
Secretary
2011-2275
6
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: Ordinance 2011-9
PRESENTED BY: Tom Parko
REQUEST: In the Matter of Repealing and Re-Enacting, with Amendments, Chapter 23
Zoning, of the Weld County Code.
be recommended favorably to the Board of County Commissioners.
Motion seconded by Alexander Zauder.
VOTE:
For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Alexander Zauder
Benjamin Hansford
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.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 2, 2011.
Dated the 2nd of August, 2011.
cetabb.ntileatvienn
Kristine Ranslem
Secretary
, 6/1-2273
Sec. 23-1-90. Definitions.
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 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 number of animal units and species to
be associated with the Livestock Confinement Operation at the time of rezoning. 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:
Table 23.IA
Animal Units in the A (Agricultural) Zone District
Animal Unit Number of Animals Maximum
Equivalents Equivalent to One Number Per Aere
Animal Unit
Cattle 4 4 4
Bison 4 4 4
Mule 4 4 4
Ostfieh 4 4 4
Elk 4 4 4
I lorse 4 4 4
Swine a 5 20
Sheep -4 40 4 )
Llama 4 40 40
Goat :-1- 40 40
Alpaca .075 44 $2
Poultry .02 30 200
Rabbit .02 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 'A minimum of of 1 Section
of a Quarter 'h of a
Section Section
Cattle 1 1 4 6 8 10
Bison 1 1 4 6 8 10
Mule 1 1 4 6 8 10
Ostrich 1 1 4 6 8 10
Elk 1 1 4 6 8 10
Horse 1 1 4 6 8 10
Swine .2 5 20 30 40 50
Sheep . 1 10 40 60 80 100
Llama . 1 10 40 60 80 100
Goat .1 10 40 60 80 100
Alpaca .075 13 52 78 104 130
Poultry .02 50 200 300 400 500
Rabbit .02 50 200 300 400 500
Table 23.1D
Animal Units in the A-1 (Concentrated Animal) Zone District
Animal Unit Number of Animals Maximum Number Maximum Maximum Number
Equivalents Equivalent to One of Animals per Number of of Animals per
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 acres) or a a minimum of 1
Quarter Section minimum of 'A Section
of a Section
Cattle 1 1 6 8 10
Bison 1 1 6 8 10
Mule 1 1 6 8 10
Ostrich 1 1 6 8 10
Elk 1 1 6 8 10
Horse 1 1 6 8 10
Swine .2 5 30 40 50
Sheep . 1 10 60 80 100
Llama .1 10 60 80 100
Goat . 1 10 60 80 100
Alpaca .075 13 78 104 130
Poultry .02 50 300 400 500
Rabbit .02 50 300 400 500
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 'A of a quarter section and less than 320 gross acres, not to exceed eight (8)
ANIMAL UNITS per acre on LOTS a minimum of 'A 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 'A 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.
N TRANSLOADING: A process of transferring a commodity from one mode of transportation to
another whose primary activity includes the following kinds of USES:
a. Rail and Truck transloading of commodities and materials, including without limitation,
those for the agricultural oil and gas industries, including but not limited to grains, petroleum
products, sand, pipe, and storage related to the same.
Section 23-3-40.A.7. TRANSLOADING.
Section 23-3-310.B. 11 . TRANSLOADING.
Section 23-3-320.B. 11 . TRANSLOADING.
Section 23-3-330.B. 12. TRANSLOADING.
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. No Change.
D. No Change.
E. No Change.
F. No Change.
G. No Change.
H. No Change.
I. No Change.
J. No Change.
K. No Change.
L. No Change.
N 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. A site plan review application form provided by the Department of Planning Services.
B. A copy of a deed or legal instrument identifying the applicant's interest in the property
under consideration.
C. A party wall agreement and legal description for duplex or triplex USES where units are
held in separate ownership.
D. A condo declaration and legal description for the condo, if applicable.
E. A detailed description of the proposed USE.
F. Evidence that the USE in the zone district shall have an adequate source of potable water
and meet the requirements of the zone district.
G. Evidence that the USE in the zone district shall have adequate sewage disposal facilities
and meet the requirements of the zone district. If there is an existing septic system
located on the site, the applicant shall include in the application a copy of the septic
permit. This information can be obtained from the Department of Public Health and
Environment.
H. A completed County Road Access Information Sheet provided by the Department of
Planning Services.
I. The number of employees associated with the USE.
J. A statement indicating that the proposed USE meets the required SETBACK and
OFFSET requirements of the zone district.
K. A generalized sketch of BUILDING elevations depicting the style, size and exterior
construction materials of the BUILDINGS proposed in sufficient detail to exhibit the
relative compatibility of the proposed site with the character of the surrounding land
USES.
L. A plan describing any proposed signage, drawn to an appropriate scale, which shall
include specifications of the proposed sign and sign structure along with the method of
construction and attachment to the BUILDING or ground. The position and distance of
the sign in relation to property lines and BUILDINGS and STRUCTURES on the
property shall be shown on the Site Plan Review map. The applicant shall apply for and
receive a building permit for all proposed signs.
M. Statements describing that the LANDSCAPE requirements listed below have been met:
1. The lot shall adhere to the Maximum Lot Coverage requirements of the zone district in
which it is located in, as shown in the Bulk Requirements in this Chapter,or Chapter 26
or 27, if applicable. Land shall not be deemed covered if it is used for growing grass,
shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED.
2. That portion of a LOT in the zone district which abuts a public or private street right-of-
way shall have a minimum fifteen-foot wide LANDSCAPE SETBACK,unless the LOT
is governed by a more restrictive LANDSCAPE SETBACK contained in an overlay
district, Chapter 26 of this Code or any other applicable County ordinance. The
LANDSCAPE SETBACK is measured at a right angle from the existing or planned
future right-of-way to any PARKING LOT, fencing, storage area or STRUCTURE.
Sidewalks and driveways may pass through the required LANDSCAPE SETBACK.
3. Landscaping techniques shall be utilized in design of PARKING LOTS to aid in
buffering PARKING LOTS from roadways.
4. The applicant shall submit to the Department of Planning Services a detailed
LANDSCAPE plan delineating the existing and proposed trees, shrubs, ground covers,
natural features such as rock outcroppings and other LANDSCAPE elements. The plan
shall show where LANDSCAPE exists or will be located, along with planting and
construction details, species name and size. Where existing plantings are to be retained,
the applicant shall include in the plan proposed methods of protecting the plantings
during construction.
5. The applicant shall submit to the Department of Planning Services a maintenance plan
for the proposed LANDSCAPE on the site.
N. A statement accompanied by evidence explaining how the stormwater runoff will be
handled. If physical changes to the site are proposed(grading,paving,increased roof areas,
etc.),then evidence,maps and calculations explaining how stormwater retention facilities
are designed to retain the stormwater runoff in excess of the historic flow from the
undeveloped site shall be designed for a one-hundred-year storm and release retained water
at a rate not to exceed a five-year storm falling on the undeveloped site.
O. A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the
Off-Street Parking Requirements listed in Article IV,Division 1 of this Chapter or a more
restrictive ordinance. Sufficient SCREENED, off-street, paved parking areas shall be
provided in all districts.
P. A statement explaining that the loading/service areas in all districts shall be located,
designed and constructed in a manner that is in conformance with the standards below:
1. Sufficient space shall be provided in loading/service areas to accommodate the vehicles
being loaded or unloaded without encroachment upon neighboring property or rights-of-
way. Loading/service areas shall be paved.
2. Loading areas located within the 1-1 (Industrial)Zone District and I-2 (Industrial)Zone
District shall be designed to comply with the appropriate use regulations under either
Section 23-3-310 or 23-3-320 of this Chapter.
Q. A statement explaining that the LOT shall have safe access to an approved public or private
STREET. The design designation of a STREET or highway as to type shall be in
conformance with that shown on the Transportation Plan and/or the MASTER PLAN of
the affected municipality.
R. A statement explaining that new accesses to public rights-of-way shall be constructed using
the minimum standards below.Designs exceeding these minimums may be required by the
Department of Public Works, depending upon the number and type of vehicles generated
by the USE proposed.
1. Size of drainage structure—fifteen (15) inches minimum in diameter.
2. Length of drainage structure—twenty(20) feet minimum.
3. Depth of cover over pipe—twelve (12) inches.
4. Width of access—ten (10) to fifteen(15) feet for a one-way single access, twenty-
four-foot minimum for two-way traffic.
5. Maximum grade of access—fifteen percent (15%).
6. Flare radius—twenty-foot minimum in a residential zone district,forty-foot minimum in
commercial and industrial zone districts.
7. Depth of surfacing—per engineered design and subject to approval by the Department of
Public Works.
S. A statement explaining how acceleration/deceleration lanes, when required by the
Department of Public Works or the Colorado Department of Transportation,will provide safe,
efficient access to ARTERIAL or COLLECTOR STREETS.
T. A statement explaining that the trash collection areas or facilities are located,designed and
USED in a manner that shall meet the requirements of the zone district.
U.A statement explaining that the USE is compatible with the existing or future development
of the surrounding areas as permitted by the existing zoning and with the future development
of the area as projected by the Comprehensive Plan or Master Plan of affected municipalities
and any Intergovernmental Agreement. Such USE shall adhere to the following operation
standards, to the extent that they are affected by location, layout and design prior to
construction and operation. Once operational, the operation shall conform to the standards
listed below:
1.Noise. USES and STRUCTURES in the COMMERCIAL and Industrial Zone Districts
shall be located, designed and operated in accordance with the noise standards as
established in Section 25-12-101, C.R.S.
2.Air Quality.USES in the COMMERCIAL and Industrial Zone Districts shall be located,
designed and operated in accordance with the air quality standards established by the
Colorado Air Pollution Control Commission.
3. Water Quality. USES in the COMMERCIAL and Industrial Zone Districts shall be
located, designed and operated in accordance with the standards established by the
Colorado Water Quality Control Commission.
4. Radiation and Radioactive Materials. The handling, USE, storage and processing of
radioactive materials shall be in accordance with the applicable regulations of the State and
the United States government.
5. Heat. USES located within the COMMERCIAL and Industrial Zone Districts shall not
emit heat in such an amount sufficient to raise the temperature of the air or of materials at or
beyond the LOT line more than five degrees (5°) Fahrenheit.
6. Glare. Any lighting USED to illuminate an OFF-STREET PARKING AREA, outside
storage area, outside activity area, sign or other structure shall be arranged to deflect
light away from any adjoining residential zone and from County roads. Any lighting,
including light from high-temperature processes such as welding or combustion, shall be
designed, located and operated in such a manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will not shine directly
onto ADJACENT properties; neither the direct nor reflected light from any light source
may create a traffic hazard to operators of motor vehicles on PUBLIC or private
STREETS; and no colored lights may be used which may be confused with or construed
as traffic control devices.
7. Property Maintenance. All property shall be maintained in such a manner that grasses and
weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not
allow the growth of NOXIOUS WEEDS.
8. Any off-site and on-site improvements agreement shall be made in conformance with
the COUNTY policy on collateral for improvements.
V. Additional Submittal Requirements for a Livestock Confinement Operation within the
A-1 (Concentrated Animal) Zone District: In addition to the Application for 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 & 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.
-VW. SITE PLAN REVIEW MAP. The site plan map shall show and comply with the
following requirements:
1 . The size of the map shall be twenty-four (24) inches by thirty-six (36) inches.
2. The scale shall be one ( 1 ) inch equals two hundred (200) feet or another suitable scale if
approved by the Department of Planning Services.
3 . Legal description of the parcel.
4. North arrow.
5. Outline of the perimeter of the LOT.
6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent
roads and other major land features ( 1 " = 2000').
7. The location and name of any water features or irrigation ditches within the perimeter of
the LOT.
8. The location and names of all roads and highways abutting the LOT.
9. The location and name of any water features or irrigation ditches within the perimeter of
the LOT.
10. All existing and proposed STRUCTURES and their dimensions.
11 . The location, dimensions and design of any existing and proposed signs on the site.
12. All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines.
13. The location and dimensions of vehicular drives, entrances, exits, acceleration and
deceleration lanes; location and dimensions of pedestrians entrances, exits, walks and
walkways.
14. General location, arrangement and dimensions of parking spaces, width of aisles, width
of bays, angle of parking and other similar information.
15. Any other information deemed necessary by the Department of Planning Services.
WX. SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan
Review application is approved. The plat shall be submitted to the Department of Planning
Services and be ready for recording at the County Clerk and Recorder's office within sixty (60)
days of approval. The plat shall meet the following requirements:
1 . The plat shall be delineated in nonfading permanent black ink on a Mylar or other
product of equal quality, three (3) millimeters or greater in thickness. The plat shall bear
original signatures and seals in permanent black ink. The size of each shall be twenty-four (24)
inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. No
plat submitted shall contain any form of stick-on type material such as, but not limited to
"sticky-back," adhesive film or Kroy lettering tape. The drawing shall be at sufficient scale to
show all necessary detail.
2. REPEALED. (Weld County Code Ordinance 2001 - 1 )
3 . REPEALED. (Weld County Code Ordinance 2001 - 1 )
4. The plat shall be titled "Site Plan Review No. ." The Department of
Planning Services shall provide the appropriate number.
5. The plat shall include all of the items approved in the site plan review administrative
comments.
6. The plat shall bear the following certifications:
a. Property owner's certificate:
I, the undersigned, certify that the uses, buildings and structures located on this Site Plan
Review are designed and will be constructed and operated in accordance with the
applicable DEVELOPMENT standards and district requirements for the Zone
District as stated in the Weld County Zoning Ordinance and in accordance with any
conditions imposed by the Board of County Commissioners at the time the property was
zoned or rezoned. I understand my failure to comply with the DEVELOPMENT standards
and/or any conditions could result in the County initiating a compliance action against me.
Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this day of
by
WITNESS my hand and official seal.
My commission expires:
Notary Public
b. Department of Planning Services' Administrative Review Certificate:
This plat is accepted and approved for filing.
Director of Planning Services
The foregoing certificate was acknowledged before me this day of
, , by
WITNESS my hand and official seal.
My commission expires:
Notary Public
c. Easement Certificate example: This certificate shall be used when any easement
crosses any of the proposed lots of the Site Plan Review. The plat shall also identify the
benefited lot and purpose of the easement.
I (we) do hereby dedicate, for the benefit of the property(ies) shown or described hereon,
easements for the purposes shown or described hereon.
Signature Signature
Printed/typed name Printed/Typed name
XY. The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent taxes for the parcel area.
YZ. The applicant shall submit to the Department of Planning Services a copy of an agreement
with the mineral owners associated with the subject property. Such agreement shall stipulate that the
oil and gas activities on the subject property have been adequately incorporated into the design of the
site, OR shall provide written evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owners on the subject property.
ZAA. The applicant shall submit to the Department of Planning Services a copy of an agreement
with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that
an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall
stipulate that ditch activities have adequately been incorporated into the design of the site. If such
agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach
such agreement has been made.
AABB. Photo Mechanical Transfer (PMT), if required.
BI3CC. A set of sign standards in accordance with Chapter 23, Article IV, Division 2. The
location of any sign requiring zoning approval shall be shown on the Site Plan Review map.
Distances from property lines shall be indicated.
CCDD. If applicable, an Improvements Agreement executed by the applicant. This Agreement
shall be in accordance with the County policy and documents for collateral for improvements. (Weld
County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code
Ordinance 2003- 10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-14)
Sec. 23-3-30. Accessory uses.
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.
Sec. 23-3-50. Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District.
Items A-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.
Items E-G — No Change.
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."
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).
2. 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 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.
N Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District.
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."
N Sec. 23-3-220. C-2 (General Commercial) Zone District.
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."
Sec. 23-3-230. C-3 (Business Commercial) Zone District.
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."
Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
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."
Sec. 23-3-310. I-1 (Industrial) Zone District.
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."
\, Sec. 23-3-320. I-2 (Industrial) Zone District.
H. "USES similar to the USES listed above so long as the USE complies with the general
intent of the I-2 (Industrial)" Zone District."
N, Sec. 23-3-330. I-3 (Industrial) Zone District.
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,
except for one (1 ) or more of the following USES which must be conducted in compliance with the
performance standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below.
12. "OIL AND GAS SUPPORT AND SERVICE".
H. "USES similar to the USES listed above so long as the USE complies with the general
intent of the I-3 (Industrial)" Zone District."
N Sec. 23-4-120. Requirements for setback, offset and clearance.
A — C — No Change
D. The setback for off-site directional signs in the Agricultural Zone District shall be fifty (50)
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.
E-G — No Change
Esther Gesick
From: Tom Parko
Sent: Wednesday, August 17, 2011 12:17 PM
To: Esther Gesick
Cc: Trevor Jiricek; Chris Gathman; Frank Piacentino; David Bauer; Kristine Ranslem
Subject: Code Changes
Attachments: Index of Code Changes.doc; All Code Changes_08.17.11.doc; Summer2011CodeChanges_
08.17.11.pdf
Esther:
Attached are the code changes in both Word and PDF format for the 1st Reading on Monday. We added a new
change for cargo containers and we are keeping grading permits in as well. It's just easier to ask the Board
during the hearing if they want to remove it or table specific changes since we know that we cannot change
anything during the 151 and 2nd readings, but have the ability to make changes during the 3`d reading. In addition,
I plan to take the cargo container and grading permit changes back to PC in September. Kris gave me some info
earlier that I will drop off to you later today. Let me know if you have any questions.
Kind regards,
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 3572
Mobile:970-302-5333
16 IP I I
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.
1
Index of Code Changes
Page 1 : Chapter 23 ; §23-3-30. MMJ Caregiver Status.
Page 2: Chapter 23 ; §23-3-330. Oil & Gas Support and Service in I-3 Zone.
Page 3: Chapter 23 ; §23-3-210, §23-3-220, §23-3-320, §23-3-240, §23-3-310, §23-3-320,
§23-3-330. Uses Similar to. . .
Page 4: Chapter 23 ; §23- 1 -90, §23-3-40, §23-3-310, §23-3-320, §23-3-330.
Transloading.
Page 5: Chapter 23 ; §23-4- 120. Off-site directional signs.
Pages 6-8: Chapter 23 ; §23-3-60. A- 1 Concentrated Animal Feeding Zone Dist.
Page 9: Chapter 23 ; §23-3-50.D. Animal Units / Acre.
Page 10-12: Chapter 23; §23- 1 -90. Animal Unit Definition.
Pages 13-18: Chapter 23 ; §23-2- 160.V. A- 1 Site Plan Review Process.
Pages 19-21 : Chapter 23 ; §23- 1 -90, §23-3-20, §23-3-30, §23-3- 110 Odd on 3td e ,ir
Cargo Containers. 4@ /p
Page 22: Chapter 29; §29- 1 -20, §29-3-20. Ag. Building Definition.
Pages 23-24: Chapter 29; §29-2-70, §29-2-80. National Electric Code Adoption.
Pages 25-35: Chapter 8; §8- 12- 10 - §8- 12- 140. Grading Permit Policy.
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-3-30
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.
PROPOSED MODIFICATION(S):
I §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.
1
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-3-330 (Industrial Zone District).
RATIONALE FOR MODIFICATION:
The current code has a section in the "A" Agricultural zone 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 I-3 and the current
code does not list this use. The proposed change would allow Oil and Gas Support and Service in
the I-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).
PROPOSED MODIFICATION(S):
Sec. §23-3-330.B.12. "OIL AND GAS SUPPORT AND SERVICE".
2
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-3-210 (C- 1 Neighborhood Commercial
Zone District); §23-3-220 (General Commercial Zone District); §23-3-320 (Business
Commercial Zone District); §23-3-240 (Highway Commercial Zone District); §23-3-310
(Industrial Zone District); §23-3-320 (Industrial Zone District); §23-3-330 (Industrial Zone
District).
RATIONALE FOR MODIFICATION:
The current code has a provision in the 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".
PROPOSED MODIFICATION(S):
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."
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."
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."
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."
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."
Sec. §23-3-320.H. "USES similar to the USES listed above so long as the USE complies with
the general intent of the I-2 (Industrial)" Zone District."
Sec. §23-3-330.H. "USES similar to the USES listed above so long as the USE complies with
the general intent of the I-3 (Industrial)" Zone District."
3
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23- 1 -90 (Definitions); §23-3-40
(Agricultural Zone District); §23-3-310 (Industrial Zone District); §23-3-320 (Industrial Zone
District); §23-3-330 (Industrial 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
I 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).
PROPOSED MODIFICATION(S):
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:
a. Rail and Truck transloading of commodities and materials,
including without limitation, those for the agricultural ii ui °'teQ-
gas industries, includingut not limited tcgrains, petroleum
products, sand, pipe, and storage related to the same.
Sec. §23-3-40.A.7. TRANSLOADING. PZ` Stu,
Sec. §23-3-310.B. 11 . TRANSLOADING.
Sec. §23-3-320.B. 11 . TRANSLOADING.
Sec. §23-3-330.B. 12. TRANSLOADING.
4
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-4- 120
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 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.
PROPOSED MODIFICATION(S):
Sec. 23-4-120. Requirements for setback, offset and clearance.
A — 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.
E-G — No Change
5
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-3-60
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 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 a more
friendly to (confined animal feeding operations) CAFO operations in general. The intent of this
new zoning district would be to allow a property 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.
PROPOSED MODIFICATION(S):
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."
6
"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."
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:
7
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).
2. 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 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 2003 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.
I Tt�aa rf i+ nsva orai-a acv+ to 4n 4�0 + •n4ata nr Mo �nn�� t� 4Lao •
ar►�+�nl_n4ora �r7
8
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-3-50.D
RATIONALE FOR MODIFICATION:
I This proposed code change is to modify 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 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.
PROPOSED MODIFICATION(S):
Sec. 23-3-50. Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District.
Items A-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.
Items E-G — No Change.
9
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23- 1 -90
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."
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 a more friendly 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 640 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.
PROPOSED MODIFICATION(S):
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
I requirements of the A (Agricultural), A- I (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 at—the time of ming. 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 . 1 B jd 23 . 1051/O
Po diu4:0,
10
Table 23.1A Animal Units in Number of Maximum
the A (Agricultural) Zone Animals Number Per
District Animal Unit Equivalent Acre
Equivalents to One
Animal Unit
Cattle 4- 4 4
Bison 4 4 4
Mule 4- 4- 4
Ostrich 4- 4- 4
Elk 4 4 4
Horse 4- 4- 4
Swine 72 5 20
Sheep A 4-0 40
Llama 4- 40 40
Goat 4- -1-0 40
Alpaca .075 41-3 52
Poultry 702 50 200
Rabbit .02 50 200
Table 23. 1A4 Number of Maximum Maximum Maximum Maximum
Animal Units in Animals Number of Number of Number of Number of
Animals per Animals per
the A Equivalent to Animals per Animals per
(Agricultural) One Animal Acre (Less than Acre (Less than Acre (Less Acre (640 gross
than 640
and A 1 Unit 80 gross acres) 320 gross gross acres) acres or greater)
(Concentrated acres) or a or a or a minimum
Animal Feeding) minimum of minimum of of 1 Section
Zone District of a Quarter 'A of a
IAnimal Unit Section Section
Equivalents
Cattle 1 1 4 6 8 10
Bison 1 1 4 6 8 10
Mule 1 1 4 6 8 10
Ostrich 1 1 4 6 8 10
Elk 1 1 4 6 8 10
Horse 1 1 4 6 8 10
Swine .2 5 20 30 40 50
Sheep . 1 10 40 60 80 100
Llama . 1 10 40 60 80 100
Goat . 1 10 40 60 80 100
Alpaca .075 13 52 78 104 130
Poultry .02 50 200 300 400 500
Rabbit .02 50 200 300 400 500
11
I
Table 23. 1D Number of Maximum Maximum Maximum
Animal Units in Animals Number of Number of Number of
the A-I Equivalent to Animals per Animals per Animals per
(Concentrated One Animal Acre (Less than Acre (Less Acre (640 gross
than 640
Animal) Zone Unit 320 gross gross acres) acres or greater)
District Animal acres) or a or a or a minimum
Unit Equivalents minimum of a minimum of of 1 Section
Quarter Section ''A of a
Section
Cattle 1 1 6 8 10
Bison 1 1 6 8 10
Mule 1 1 6 8 10
Ostrich l 1 6 8 10
Elk 1 1 6 8 10
Horse 1 1 6 8 10
Swine 2 5 30 40 50
Sheep . 1 10 60 80 100
Llama . 1 10 60 80 100
Goat 1 10 60 80 100
Alpaca .075 13 78 104 130
Poultry .02 50 300 400 500
Rabbit .02 50 300 400 500
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 largeri_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.
12
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-2-160.V
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 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
Feeding) 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.
PROPOSED MODIFICATION(S):
Sec. 23-2-150. Intent and applicability.
A. No Change.
I 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. No Change.
D. No Change.
E. No Change.
F. No Change.
G. No Change.
H. No Change.
13
I. No Change.
J. No Change.
K. No Change.
L. No Change.
Sec. 23-2-160. Application requirements for site plan review.
N I 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. A site plan review application form provided by the Department of Planning Services.
B. A copy of a deed or legal instrument identifying the applicant's interest in the property
under consideration.
C. A party wall agreement and legal description for duplex or triplex USES where units are
held in separate ownership.
D. A condo declaration and legal description for the condo, if applicable.
E. A detailed description of the proposed USE.
F. Evidence that the USE in the zone district shall have an adequate source of potable
water and meet the requirements of the zone district.
G. Evidence that the USE in the zone district shall have adequate sewage disposal facilities
and meet the requirements of the zone district. If there is an existing septic system located on
the site, the applicant shall include in the application a copy of the septic permit. This
information can be obtained from the Department of Public Health and Environment.
H. A completed County Road Access Information Sheet provided by the Department of
Planning Services.
I. The number of employees associated with the USE.
J. A statement indicating that the proposed USE meets the required SETBACK and
OFFSET requirements of the zone district.
K. A generalized sketch of BUILDING elevations depicting the style, size and exterior
construction materials of the BUILDINGS proposed in sufficient detail to exhibit the relative
compatibility of the proposed site with the character of the surrounding land USES.
14
L. A plan describing any proposed signage, drawn to an appropriate scale, which shall
include specifications of the proposed sign and sign structure along with the method of
construction and attachment to the BUILDING or ground. The position and distance of the
sign in relation to property lines and BUILDINGS and STRUCTURES on the property shall
be shown on the Site Plan Review map. The applicant shall apply for and receive a building
permit for all proposed signs.
M. Statements describing that the LANDSCAPE requirements listed below have been met:
1. The lot shall adhere to the Maximum Lot Coverage requirements of the zone district
in which it is located in, as shown in the Bulk Requirements in this Chapter, or Chapter 26
or 27, if applicable. Land shall not be deemed covered if it is used for growing grass,
shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED.
2. That portion of a LOT in the zone district which abuts a public or private street right-
of-way shall have a minimum fifteen-foot wide LANDSCAPE SETBACK, unless the
LOT is governed by a more restrictive LANDSCAPE SETBACK contained in an overlay
district, Chapter 26 of this Code or any other applicable County ordinance. The
LANDSCAPE SETBACK is measured at a right angle from the existing or planned
future right-of-way to any PARKING LOT, fencing, storage area or STRUCTURE.
Sidewalks and driveways may pass through the required LANDSCAPE SETBACK.
3. Landscaping techniques shall be utilized in design of PARKING LOTS to aid in
buffering PARKING LOTS from roadways.
4. The applicant shall submit to the Department of Planning Services a detailed
LANDSCAPE plan delineating the existing and proposed trees, shrubs, ground covers,
natural features such as rock outcroppings and other LANDSCAPE elements. The plan
shall show where LANDSCAPE exists or will be located, along with planting and
construction details, species name and size. Where existing plantings are to be retained, the
applicant shall include in the plan proposed methods of protecting the plantings during
construction.
5. The applicant shall submit to the Department of Planning Services a maintenance
plan for the proposed LANDSCAPE on the site.
N. A statement accompanied by evidence explaining how the stormwater runoff will be
handled. If physical changes to the site are proposed (grading, paving, increased roof areas,
etc.), then evidence, maps and calculations explaining how stormwater retention facilities
are designed to retain the stormwater runoff in excess of the historic flow from the
undeveloped site shall be designed for a one-hundred-year storm and release retained water
at a rate not to exceed a five-year storm falling on the undeveloped site.
O. A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the
Off-Street Parking Requirements listed in Article IV, Division 1 of this Chapter or a more
15
restrictive ordinance. Sufficient SCREENED, off-street, paved parking areas shall be
provided in all districts.
P. A statement explaining that the loading/service areas in all districts shall be located,
designed and constructed in a manner that is in conformance with the standards below:
1. Sufficient space shall be provided in loading/service areas to accommodate the
vehicles being loaded or unloaded without encroachment upon neighboring property or
rights-of-way. Loading/service areas shall be paved.
2. Loading areas located within the 1-1 (Industrial) Zone District and 1-2 (Industrial)
Zone District shall be designed to comply with the appropriate use regulations under either
Section 23-3-310 or 23-3-320 of this Chapter.
Q. A statement explaining that the LOT shall have safe access to an approved public or
private STREET. The design designation of a STREET or highway as to type shall be in
conformance with that shown on the Transportation Plan and/or the MASTER PLAN of
the affected municipality.
R. A statement explaining that new accesses to public rights-of-way shall be constructed
using the minimum standards below. Designs exceeding these minimums may be required
by the Department of Public Works, depending upon the number and type of vehicles
generated by the USE proposed.
1. Size of drainage structure—fifteen (15) inches minimum in diameter.
2. Length of drainage structure—twenty (20) feet minimum.
3. Depth of cover over pipe—twelve (12) inches.
4. Width of access—ten(10) to fifteen(15) feet for a one-way single access, twenty-
four-foot minimum for two-way traffic.
5. Maximum grade of access—fifteen percent(15%).
6. Flare radius—twenty-foot minimum in a residential zone district, forty-foot minimum
in commercial and industrial zone districts.
7. Depth of surfacing — per engineered design and subject to approval by the
Department of Public Works.
S. A statement explaining how acceleration/deceleration lanes, when required by the
Department of Public Works or the Colorado Department of Transportation, will provide
safe, efficient access to ARTERIAL or COLLECTOR STREETS.
T. A statement explaining that the trash collection areas or facilities are located, designed
and USED in a manner that shall meet the requirements of the zone district.
16
U. A statement explaining that the USE is compatible with the existing or future
development of the surrounding areas as permitted by the existing zoning and with the
future development of the area as projected by the Comprehensive Plan or Master Plan of
affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to
the following operation standards, to the extent that they are affected by location, layout
and design prior to construction and operation. Once operational, the operation shall
conform to the standards listed below:
1. Noise. USES and STRUCTURES in the COMMERCIAL and Industrial Zone
Districts shall be located, designed and operated in accordance with the noise standards
as established in Section 25-12-101, C.R.S.
2. Air Quality. USES in the COMMERCIAL and Industrial Zone Districts shall be
located, designed and operated in accordance with the air quality standards established
by the Colorado Air Pollution Control Commission.
3. Water Quality. USES in the COMMERCIAL and Industrial Zone Districts shall be
located, designed and operated in accordance with the standards established by the
Colorado Water Quality Control Commission.
4. Radiation and Radioactive Materials. The handling, USE, storage and processing of
radioactive materials shall be in accordance with the applicable regulations of the State
and the United States government.
5. Heat. USES located within the COMMERCIAL and Industrial Zone Districts shall
not emit heat in such an amount sufficient to raise the temperature of the air or of
materials at or beyond the LOT line more than five degrees (5°) Fahrenheit.
6. Glare. Any lighting USED to illuminate an OFF-STREET PARKING AREA, outside
storage area, outside activity area, sign or other structure shall be arranged to deflect
light away from any adjoining residential zone and from County roads. Any lighting,
including light from high-temperature processes such as welding or combustion, shall be
designed, located and operated in such a manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will not shine directly
onto ADJACENT properties; neither the direct nor reflected light from any light source
may create a traffic hazard to operators of motor vehicles on PUBLIC or private
STREETS; and no colored lights may be used which may be confused with or construed
as traffic control devices.
7. Property Maintenance. All property shall be maintained in such a manner that grasses
and weeds are not permitted to grow taller than twelve (12) inches. The property owner
shall not allow the growth of NOXIOUS WEEDS.
8. Any off-site and on-site improvements agreement shall be made in conformance with
the COUNTY policy on collateral for improvements.
17
V. Additional Submittal Requirements for a Livestock Confinement Operation within
the A-1 (Concentrated Animal) Zone District: In addition to the Application for 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 & 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.
18
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Zoning Ordinance
SECTION(S) PROPOSED TO BE MODIFIED: §23-1 -90, §23-3-20, §23-3-30, §23-3- 110
RATIONALE FOR MODIFICATION:
The current code does not allow cargo containers to be used for human habitation. Now, and in
the future, individuals and businesses alike are showing interest in purchasing cargo containers
that have been retrofitted for habitation. Uses include, but are not limited to: office space,
storage, scale houses, residences, etc.
PROPOSED MODIFICATION(S):
Chapter 23; Article I; Section 23-1-90. Definitions.
CARGO CONTAINER: A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for repeated use,
constructed of metal and being airtight and water-resistant.
b. Specially designed to facilitate the carriage of goods, by one (1 ) or more modes of
transport, one (1 ) of which shall be by vessels, without intermediate reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer from one ( 1 )
mode of transport to another.
d. So designed to be easy to fill and empty.
e. Having a cubic displacement of one thousand (1 ,000) cubic feet or more for a cargo
container used solely for storage. Cargo containers used for DWELLINGS shall conform
to the bulk requirements in each zone district.
f. A railroad car of any type shall not be considered a CARGO CONTAINER.
Chapter 23; Article III; Section 23-3-20. 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 (Agricultural)
Zone District except for one ( 1 ) or more of the following USES. Land in the A (Agricultural)
Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below.
USES within the A (Agricultural) Zone District shall also be subject to the additional
requirements contained in Articles IV and V of this Chapter.
AA. CARGO CONTAINER(S) used as a SINGLE-FAMILY DWELLING UNIT and
AUXILIARY QUARTERS per LEGAL LOT.
19
Chapter 23; Article III; Sec. 23-3-30. Accessory uses.
K. Cargo container as Accessory STRUCTURE. One ( 1 ) cargo container as an Accessory
STRUCTURE in the A (Agricultural) Zone District may be allowed for storage of goods
inside the unit on lots in an approved or recorded subdivision plat, or LOTS which are part of
a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District. Two (2) cargo containers may be allowed on property of less
than eighty (80) acres in size, when not on a LOT in an approved or recorded subdivision or a
LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Up to five (5) cargo containers may be allowed on property equal to or greater
than eighty (80) acres in size. Additional containers may be allowed on all lot sizes, as
described in Subsection 23-3-40.AA. A cargo container used for storage, an office, a
DWELLING or any habitable use shall require the issuance of building permits. The
following conditions shall apply:
1 . Electricity is the only utility which will be connected to the cargo container used
solely for storage. Cargo containers that have been retrofitted for habitation can be
connected to wet and dry utilities such as water, sewer and electricity.
2. The cargo container used for storage will not be used on any basis as- can be used as a
DWELLING or as overnight or temporary housing as long as the cargo container has been
retrofitted and designed to meet all State and Local Housing and Building Codes. The
cargo container that has been retrofitted for an office, DWELLING or any habitable use
shall be designed by a licensed professional. for any person.
3 . The property upon which the cargo container is to be located must be a LEGAL LOT.
4. The applicant shall not remove any structural component of the cargo container used
for storage, an office-et a DWELLING, or any habitable use. making it unmovable.
5. A cargo container used for storage, an office a DWELLING or any habitable use shall not be
allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially
or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general
dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation
I with vermin or rodents. Any such cargo container used for storage, an office or a DWELLING shall
be restored to, and maintained in, the original condition it was in at the time it was placed on the
site as established by the original inspection by the Department of Building Inspection, or it shall
be removed from site.
I 6. A cargo container used solely_for storage shall be removed from the property upon cessation
of the USE.
I 7. The cargo container-_may not be used in any manner to display a sign.
20
Chapter 23; Article III; Section 23-3-110. R-1 (Low-Density Residential) Zone District.
A. Intent. The purpose of the R- 1 Zone District is to provide areas in the COUNTY for
SINGLE-FAMILY residential USE that are located, designed and developed in
compliance with Chapter 22 of this Code and the adopted MASTER PLANS of affected
municipalities. The R- 1 Zone District is also intended to accommodate nonresidential
land USES that are both ACCESSORY to and compatible with residential Uses Allowed
by Right in the Zone District.
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 R- 1 Zone District except for one ( 1 ) or more of the following USES.
Land in the R- 1 Zone District must be USED in compliance with the bulk requirements
contained in Section 23-3- 160 below. USES within the R- 1 Zone District are subject to
the additional requirements contained in Articles IV and V of this Chapter.
I 8.CARGO CONTAINER used as a SINGLE-FAMILY DWELLING per LEGAL
LOT, said SINGLE-FAMILY DWELLING shall be connected to and served by a
PUBLIC WATER system and a PUBLIC SEWER system. This requirement does
not apply to any LEGAL LOT created prior to the original effective date of this
Chapter (August 25, 1981 ).
21
Hello