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HomeMy WebLinkAbout20112272 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 2011-6 PRESENTED BY: Tom Parko and Frank Piacentino REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 29 Building Regulations, 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. Kristine Ranslem Secretary Sec. 29-1-20. Defintions. Agricultural building means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. Agricultural buildings are not exempt from Bui cing Permits unless tiey meet t ie criteria in Section 29 3 20 B. 13 be ow. Sec. 29-3-20. Exemptions. 13 . Agricultural buildings in tie A (Agricu aura_) Zone District, except t iat tiis exemption s ia__ not app_y in p_atted subdivisions or unincorporatec towns filed and recorded in tne County C_er_c and Recorder's office or on property approvec as a site specific deve opment p an as defined by C lapter 23 of this Code, excepting bui cings built pursuant to a Use by Specia_ Review for LIVESTOCK CONFINEMENT OPERATIONS under Section 23 3 40 of this Code. a. Such buildings or structures shall meet the following requirement: The only utilities a__owec are water for ivestoc{ watering and c eaning, and e ectricity. Bui_dings or structures containing p_umbing fixtures w iicn support _luman iabitation suc i as avatories, sinks, water closets or showers are not to be considered as exempt from the permit requirements of t Zis Code. A_t Zoug 1 tie bui ding is structura ly exempt from a bui .ding permit, an e_ectrica or umbing Dermit anc fee is requires. (See Subsection A above). ha. A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department. Sec. 29-2-70. National Electrical Code. The publication of the National Fire Protection Association, known as the National Electrical Code, 2008 Edition, NFPA No. 70 2008, 2011 Edition, NFPA No. 70-2011 , is incorporated by this reference as a part of this Building Code for the purpose of establishing standards for the inspection of electrical installations and issuance of electrical permits in the County, with the following amendments: A. Add Section 230.70(A), Exception No. 1 : "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service disconnecting means is placed back-to-back with the metering equipment and the total service entrance conductor length does not exceed three feet six inches measured from the exterior wall of the structure. The service disconnecting means shall also be located on the ground level." B. Add Section 230.70(A), Exception No. 2: "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service entrance conductors enter the building under a minimum two- inch-thick concrete slab or floor. The total length of the service entrance conductors from the top of the floor to the point of termination in the service disconnecting means shall not exceed seven feet. The service disconnecting means shall be located on the ground level. Service conductors installed under and inside the building shall be installed in an approved raceway for their entire length." C. Add Section 250.52, Exception 2 after Section 250.52 Exception: "Existing water supp_y or distribution systems whic l me not been c_langec , modifiec or expanded s is not be required to be modified by insta _ing ten feet of uncerground meta.. water pipe in direct contact with t?ie eart i. However, two eig it foot ground rods s 1a be insta_led no less than six feet apart. " C. Add Section 250.52 (A) (5) (c) "Two 5/8" by eight foot ground rods shall be installed a minimum of 6 feet apart." D. Add Section 300.5(L): "All electrical underground wiring located outside a building or structure shall be separated by a minimum of twelve inches from all other underground utilities, including telephone and cable television. Such separation may be horizontal or vertical. Gas piping shall be in a separate trench. " E. Add the following sentence to Section 511 .3(B): "The areas described in Sections 511 .3(A) and (B) shall also apply to private garages as defined by the IBC." (Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-11 ; Weld County Code Ordinance 2006-3 ; Weld County Code Ordinance 2008-2) Sec. 29-2-80. Uniform Code for the Abatement of Dangerous Buildings. The publication of the International Conference of Building Officials known as the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is incorporated by this reference as a part of this Building i2-,2- 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.B.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, ,� n . t W�yf le_2 I`�QM�9f�I✓� Kristine Ranslem Secretary 6 7-/Z—t/ • Diane Stille stated that she lives adjacent to this site. She doesn't know who the Galeton community is that Mr. Bennett is speaking of. She added that they are part of the Galeton community and does not know of anyone against this project. There was a neighborhood meeting and there was no one there in opposition. Ms. Stille said that she believes it will be a very good thing for the community and added that they are excited about the project. Carrie Adolf, 1017 East 20th Street, stated that she has been working with single moms for 18 years and has seen these moms go through difficult challenges in their life. Many times single moms want to change their life and the chances of them being successful are much greater in a supportive environment. A residential facility like this will immerse them in a functioning example of how a routine structured goal- setting place will shape their lives and their children's lives. She is in support of this facility. Jan Bartram, 2630 51st Avenue, Greeley CO, is a retired teacher from Weld County School District 6. She said that she has worked with single moms as a teacher and was also a single mom. She added sometimes you are a single mom for various reasons, including the death of your spouse. She understands the difficult challenges that these moms go through since she also had to go through this after the death of her husband in Vietnam. She believes that this facility will help facilitate in helping these moms help their children be successful. Bill Jerke, 22911 CR 39, LaSalle, CO, stated that he has been excited about this project. Private Citizens, from their hearts, decided to try to make a difference with major societal problems. They know that government can't help all of them and so they are trying to help. This will make a huge difference in these lives at this fundamental level. He urged the Planning Commission to approve this request. Lori Vandeveer, 220 S. Laura Ave, Milliken, CO, commented that she was a single parent and she wished that she would have had this facility to turn to when this happened to her. The experience that she had has caused her to continue her education, become a pastoral counselor and she is currently working on a • doctorate in the education field. She asked the Planning Commission to support this organization by voting favorably for this project. She said that she has researched the organization and the people and added that you won't find a more accountable and mature group of people to endeavor something this big and this significant. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement; however Mrs. Grieser requested that Development Standards 13 and 14 in regard to impact fees be reconsidered as this is a non-profit organization. Mr. Barker said that this request should be brought before the Board of County Commissioner as the Planning Commission has no authority to waive fees. Jason Maxey moved that Case USR-1781, 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 Mark Lawley. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes; Bill Hall,yes;Alexander Zauder,yes;Jason Maxey,yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. Commissioner Holton urged the County Commissioners to look at the fees generated by Development Standards 13 and 14. The Chair read the last case into record. CASE NUMBER: Ordinance 2011-6 PRESENTED BY: Trevor Jiricek REQUEST: In the Matter of Repealing and Re-Enacting,with Amendments, Chapter 29 • Building Regulations, of the Weld County Code. Trevor Jiricek, Planning Services, stated that they would like to request that this item be postponed to the August 2, 2011 Planning Commission meeting as there will be additional proposed code changes. 13 • Bill Hall moved that Case Ordinance 2011-6 be continued to the August 2, 2011 Planning Commission hearing, seconded by Robert Grand. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman,yes; Erich Ehrlich, yes; Robert Grand,yes;Bill Hall,yes;AlexanderZauder,yes;Jason Maxey,yes; Roy Spitzer, absent; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. Commissioner Holton commented that there are two members from the Planning Commission that are leaving. He regrets that Roy Spitzer could not make it today but wished to thank Erich Ehrlich for his service on the Planning Commission. Mr. Ehrlich expressed his appreciation in working with staff and his time on the Planning Commission. Meeting adjourned at 4:14 pm. Respectfully submitted, Kristine Ranslem Secretary • • 14 Esther Gesick From: Trevor Jiricek Sent: Friday, September 16, 2011 10:37 AM To: Esther Gesick Cc: Frank Piacentino; Tom Parko Subject: Revised Agricultural Building definition for 3rd Reading Attachments: Revised Agricultural Building definition Aug 16 2011.docx The attached changed will be requested at the 3r° reading. Let me know if you have any questions. thanks 1 Sec. 29-1-20. Defintions. Agricultural building means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. Sec. 29-3-20. Exemptions. A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of any of the provisions of this Code, any laws of the State or other resolutions or ordinances of the County. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the items listed below. B. A building permit shall not be required for: 13. Agricultural buildings. a. A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department of Planning Services so as to indicate the owner will construct the structure in accordance with all adopted building codes. and to verify setbacks and establish any applicable flood hazard requirements. egaCA2 w7 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 29, Building SECTION(S) PROPOSED TO BE MODIFIED: §29-1-20, §29-3-20 RATIONALE FOR MODIFICATION: PROPOSED MODIFICATION(S): N- Sec. 29-1-20. Defintions. Agricultural building means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. Agricultural buildings are not exempt from Building Permits unless they meet the criteria in Section 29 3 20 B.13 below. Sec. 29-3-20. Exemptions. A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of any of the provisions of this Code, any laws of the State or other resolutions or ordinances of the County. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the items listed below. B. A building permit shall not be required for: 13. Agricultural buildings, in the A (Agricultural) Zone District, except that this exemption shall not apply in platted subdivisions or unincorporated towns filed and recorded in the County Clerk-and Recorder's office or on property approved as a site specific development plan as defined by Chapter 23 of this Code, excepting buildings built pursuant to a Use by Special Review for LIVESTOCK CONFINEMENT OPERATIONS under Section 23 3 10 of this Code. a. Such buildings or structures shall meet the following requirement: The only utilities allowed are water for livestock watering and cleaning, and electricity. Buildings or structures containing plumbing fixtures which support human habitation such as lavatories, sinks, water closets or showers are not to be considered as exempt from the permit requirements of this Code. Although-the building is structurally exempt from a building permit, an electrical or plumbing permit and fee is required. (See Subsection A above). ha. A certificate of compliance for agricultural exempt buildings is required to be completed, signed and filed with the Department of Planning Services so as to verify setbacks and establish any applicable flood hazard requirements. 22 2011-2272 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 29, Building SECTION(S) PROPOSED TO BE MODIFIED: §29-2-70, §29-2-80 RATIONALE FOR MODIFICATION: PROPOSED MODIFICATION(S): Sec. 29-2-70. National Electrical Code. The publication of the National Fire Protection Association, known as the National Electrical Code, 2008 Edition, NFPA No. 70 2008, 2011 Edition, NFPA No. 70-2011, is incorporated by this reference as a part of this Building Code for the purpose of establishing standards for the inspection of electrical installations and issuance of electrical permits in the County, with the following amendments: A. Add Section 230.70(A), Exception No. 1: "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service disconnecting means is placed back-to-back with the metering equipment and the total service entrance conductor length does not exceed three feet six inches measured from the exterior wall of the structure. The service disconnecting means shall also be located on the ground level." B. Add Section 230.70(A), Exception No. 2: "The service disconnecting means may be located inside a building or structure at a readily accessible location if the service entrance conductors enter the building under a minimum two- inch-thick concrete slab or floor. The total length of the service entrance conductors from the top of the floor to the point of termination in the service disconnecting means shall not exceed seven feet. The service disconnecting means shall be located on the ground level. Service conductors installed under and inside the building shall be installed in an approved raceway for their entire length." r� n as c 250 c� c ti a c 250 c� c v • e r • n less than six feet apart." 23 C. Add Section 250.52 (A) (5) (c) "Two 5/8" by eight foot ground rods shall be installed a minimum of 6 feet apart." D. Add Section 300.5(L): "All electrical underground wiring located outside a building or structure shall be separated by a minimum of twelve inches from all other underground utilities, including telephone /7,7) z/ and cable television. Such separation may be horizontal or vertical. Gas piping shall be in a ( ,t, separate trench." E. Add the following sentence to Section 511.3(B): "The areas described in Sections 511.3(A) and (B) shall also apply to private garages as defined by the IBC." (Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-11; Weld County Code Ordinance 2006-3; Weld County Code Ordinance 2008-2) Sec. 29-2-80. Uniform Code for the Abatement of Dangerous Buildings. The publication of the International Conference of Building Officials known as the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is incorporated by this reference as a part of this Building 24 Hello