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Home My WebLink About20110924.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Mark Lawley, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for CASE NUMBER: ORDINANCE, 2011-3 and 2011-4 PLANNER: Tom Parko REQUEST: Code Ordinance #2011-3 and 2011-4, In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning, and Chapter 29 Building Regulations of the Weld County Code. be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1—That the existing text is in need of revision as proposed. The proposed changes are part of a semi-annual review of the County Code to respond to constituent input about the Code's provisions, to update it in relationship to other regulatory documents, and to maintain its overall functionality. Several of the items proposed for revision come from recommendations made by the public and landowners, or as the result of observations made by the County Commissioners, Planning Commission, or County Staff during the processing of land use cases. 2. Section 23-2-120.6.2 — That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural and mixed land uses, promote flexibility and predictability in land use matters,and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.83— That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. The proposed changes to the Code are designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more consistent with modern building and safety standards. Motion seconded by Bill Hall. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Erich Ehrlich Roy Spitzer Mark Lawley Nick Berryman Jason Maxey The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. 2011-0924 CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission,do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on February 1, 2011. Dated the 1st of February, 2011. Tt<ainziery Kristine Ranslem Secretary Mr.Ogle stated that staff is requesting two changes to the staff report. Development Standard 22 should read "Access to the site shall be from County Road 77. Transport trucks weighing up to 40 tons will visit the site approximately 100 times daily." Development Standard 29 should be amended to read "Hours of operation,acceptance of waste water and transport off-premises of recycled water, are 24 hours per day, 7 days per week." In addition, staff requested to delete Development Standard 21 because it is a duplicate to Development Standard 40. Roy Spitzer moved to delete Development Standard 21 and amending Development Standards 22 and 29 as requested by Staff, seconded by Bill Hall. Motion carried. Troy Swain, Environmental Health,stated that there are several facilities like this request. He added that this facility will be co-located with a recycling facility. Don Carroll, Public Works, stated that the access is from County Road 77, which is an arterial roadway requiring 140 feet of future right-of-way. Public Works has asked the applicant to provide an additional 40 feet to accomplish the future right-of-way. No traffic study is required. They did ask that improvements be made to the entrance of the facility, which would provide a right-turn deceleration lane going in,a left-turn deceleration lane turning into the facility from the opposite direction, along with adequate turning radiuses. The right-turn lane going out will be triggered if truck traffic exceeds 50 vehicles during the peak hour. Dale Butcher, 1024 49`h Ave, Greeley, CO, stated that the business is to dispose of oilfield wastewater in an environmentally sensitive way. They either filter the water and inject it into the ground nearly two miles deep or run it through a relatively new process that allows them to reuse the water within their industry. There are currently five such facilities. Mr. Butcher stated added that this facility will reduce truck miles on Weld County roads by about 2 million miles per year. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if he read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that he is in agreement. Bill Hall moved that Case USR-1769, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, seconded by Roy Spitzer. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Erich Ehrlich,yes; Robert Grand, absent; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey, absent; Roy Spitzer, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. The Chair called a recess at 2:30 pm and reconvened at 2:34 pm. CASE NUMBER: ORDINANCE 2011-2, 2011-3, 2011-4 PLANNER: Tom Parko and Elizabeth Relford REQUEST: Code Ordinance#2011-2, 2011-3, 2011-4, In the Matter of Repealing and Reenacting, with Amendments, A portion of Chapter 5, Article VIII Capital Expansion Fee and Stormwater Drainage Infrastructure Fee, Chapter 20 Road Impact Fees, Chapter 23 Zoning, and Chapter 29 Building Regulations of the Weld County Code. Tom Parko, Planning Services, stated that there are several code changes proposed to the Weld County Code and began going through the list of the proposed changes. 5 Under Section 23-4-600, staff requested to amend Item O to read "A Weld County Road Access Permit Application Form". The Planning Commission agreed that under Section 23-4-620.C, it should be amended to allow 12 (12) months for an applicant to commence a building permit for a second single family dwelling rather than the proposed six (6) months. Staff corrected Section 24-8-30 and stated that the subdivision exemption is actually intended for six (6) purposes rather than the proposed five purposes. Mr. Parko stated that the Oil and Gas facilities were incidentally omitted and therefore the proposed item 5 should be renumbered to"6. For the temporary use of a parcel for Telecommunication Antenna Tower facilities." In regard to Section 23-4-30.C Nonconforming uses of land, the Planning Commission recommended to amend it to read "No nonconforming use of land shall cease so long as the property and associated structure(s)associated with the nonconforming use are being maintained in accordance with this Code. If the property and associated structure(s)are not adequately maintained the nonconforming use shall cease. Any subsequent use of such lot or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such lot or parcel is located." Mr. Parko said that at the Board of Adjustment meeting earlier today, the Board recommended to include a code change to wind generators on lots less than one(1)acre in size, as long as that wind generator meets the required setbacks. Bruce Barker,County Attorney recommended allowing wind generators on lots with a minimum of one-half(1/2) acre in size. The Planning Commission agreed with the recommendation and wished to add that wind generators be allowed on lots with a minimum of one-half(1/2)acre in size,as long as that wind generator meets the required setbacks. Elizabeth Relford, Public Works, introduced proposed code changes for Chapter 5 and Chapter 20 of the Weld County Code. Currently, Chapter 5 includes the Capital Expansion and Stormwater fees. She added that those impact fees in Chapter 5 would now be included in Chapter 20;therefore Chapter 20 would include all of the Impact fees(Road Impact, Stormwater, and County Facilities). Included with these code changes is to amend the fee schedule for Weld County Government fees under Appendix 5D as well as to the Weld County Planning Fee Schedule under Appendix J. Mark Lawley moved that Ordinance 2011-2, 2011-3 and 2011-4 along with all the recommended changes above, be forwarded to the Board of County Commissioners along with the Planning Commission's recommendation of approval, seconded by Bill Hall. Motion carried unanimously. Staff asked the Planning Commissioners if there are any other code changes they would like to see at the next round of proposed code changes. Commissioner Berryman referred to the Energy Summit in which Weld County had recently hosted and mentioned that there was a recommendation of extending the height of the wind generator to the rotor height rather than the tower height. The Chair asked the Planning Commission members if there was any new business to discuss. No one had any further business to discuss. Meeting adjourned at 3:58 pm. Respectfully submitted, ii)'t(bta Kristine Ranslem Secretary 6 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 29 SECTION(S) PROPOSED TO BE MODIFIED: 29-3-100, 29-3-110 RATIONALE FOR MODIFICATION: Current code collects a one-time $50.00 for deposit on all building permits. Often times this fee does not cover building permits that require substantial review. Proposed modifications would create a $50.00 deposit for minor permits and a $300.00 deposit for major permits. The Building Official will determine what is considered a minor and major permit. Sec. 29-3-100. Repealed. (Weld County Code Ordinance 2007-2) Sec. 29-3-110. Permit application. To obtain a building permit, the applicant shall first file an application therefore in writing on a form furnished by the Building Inspection Department for that purpose. Every such application shall include: A. A completed application form. B. A recorded deed for proof of property ownership. C. Two (2) completed plot plans. (Sec. 29-3-120) D. Two (2) sets of building plans or three (3) sets of building plans if Fire District approval is required. E. Two (2) sets of engineered foundation plans. (Must have Colorado engineer stamp). F. Two (2) sets of soils reports or open hole inspection by a Colorado-registered engineer. G. Copy of a septic permit or substantiation that an existing septic system is adequate if a private sewage disposal system is required. Such approval shall be furnished by the Department of Public Health and Environment. H. Proof of adequate water. Include a copy of an approved well permit from the Colorado Division of Water Resources or a letter from the water district or department stating that a water tap is available for the location described on the permit application. (Cisterns must receive approval from the Department of Public Health and Environment prior to the issuance of the building permit.) I. A signature of the property owner or the owner's authorized agent. J. Other data and information as may be required by the Building Official. 29 K. A deposit in the amount of threeene hundred dollars ($300.00100.00) for a major plan reviewnew single family dwelling and-commercial. A fifty-dollar ($50.00) deposit will be required for a minor plan reviewall other construction. Deposit amount may vary based on the complexity of the plan review and approved by the Director or Building Official. All deposits are required at time of application submittal. (Weld County Code Ordinance 2003-11; Weld County Code Ordinance 2007-2) 30 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 29 SECTION(S) PROPOSED TO BE MODIFIED: Section 29-8-40, 29-8-41, 29-8-42, 29-8-43 RATIONALE FOR MODIFICATION: The building code currently allows extensions to individuals that have applied for building permits. However, there is not a provision that sets the number of times a permit can be renewed. The code modifications below give the Building Official authority to renew permits. PROPOSED MODIFICATIONS: Sec. 29-8-40. Expiration of original buildingoriginal permit. A. Every original permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. The expiration date for the original building permit shall be specified on the permit in accordance with Table 29.2, below. Table 29.2 Expiration of Building Permits Valuation of Utilization Building Permit Period $1,000 or less 3 months $1,001 - 10,000 6 months $10,001 -200,000 12 months $200,001 - 1,000,000 24 months $1,000,001 -2,000,000 30 months $2,000,001 - 10,000,000 36 months $10,000,001 and over Letter B. Exceptions. When a original permit is issued, the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. so Sec. 29-8454—Extension of time for original building permit. The original building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the building permit one (1) 27 time, for a period not to exceed three_hundred eighty sixty-five_(365) calendar year days. Such request shall be submitted in writing and include the applicant's name, address, telephone number, the building permit number, site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A processing fee shall be charged if a building permit extension is granted. (Weld County Code Ordinance 2006-3; Weld County Code Ordinance 2009-12) loa Sec. 29-8=42, Re-permit. If the building or work authorized by the original building permit, including extension; —if applicable, has not received final inspection on or before the permit expiration date,=all work shall cease until a new application is completed, fees to cover direct County costs have been paid and tithe re-permit is issued. The expiration date for re-permits shall be determined by the scope of the work to be completed. No extensions shall be granted on re-permits if the building official will determine if life, safety and health issues exist at time of the re-permit application.. (Weld County Code Ordinance 2006-3; Weld County Code Ordinance 2009-12 Sec. 29-8-zR, New permit. If the building or work authorized by the original building permit, including extension if applicable, and re-permit, has not received final inspection by the expiration date, a new permit will be issued upon receipt of completed application, all applicable documentation, and payment of full permit fees per the original permit fee schedule. This will apply to any subsequent permits required to receive a final approval of the building or work authorized by the original building permit. rn0Q ,,., Sic. 8-5O ijvu.,, —ID 6,r ts"va, a9 - go > ku loo 28 Hello