HomeMy WebLinkAbout971798.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
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Tuesday, July 1, 1997
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A regular meeting of the Weld County Planning Commission was held July 1; 199i, in the County
Commissioners' Hearing Room (Room #101), Weld County Centennial Building, 915 1irLStreet, Greeley,
Colorado. The meeting was called to order by Chairman, Arlan Marrs. TO
Tape 527
Glenn Vaad
Gristle Nickles
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Stephen Mokray
Shirley Camenisch
Arlan Marrs
Present
Present
Absent
Present
• Absent
Absent
Present
Present
Present
Also Present: Monica Daniels -Mika, Director, Gloria Dunn, Current Planner, Kerri Keithley, Current Planner,
Department of Planning Services; Lee Morrison, Assistant Weld County Attorney; Trevor Jiricek, Supervisor,
Weld County Health Department; Tammie Pope, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on June 17, 1997, was
approved with a correction.
1. REQUEST:
PLANNER:
Changes to the Weld County Zoning Ordinance and Subdivision Ordinance.
Monica Daniels -Mika, Director, Gloria Dunn, Current Planner and Kerri Keithley,
Current Planner.
Monica Daniels -Mika explained why the Department of Planning Services' staff feels the proposed changes
are necessary, noting that the intent is to make the Ordinances more user friendly and to provide clarity in the
land use process. The purpose of the changes to the Subdivision Ordinance is to make the regulatory
documents adhere to the Intergovernmental Agreements. Marie Koolstra asked for clarification as to when an
IGA would take precedence. Ms. Daniels -Mika stated that the IGA is an Ordinance adopted by the County,
and is an additional regulatory tool. The Department of Planning Services' staff is trying to tie them all together.
Lee Morrison stated that he missed a portion of the previous meeting and was concerned by some of what he
read in the summary. The IGA is an officially adopted document, consistent with the other planning documents.
The Planning Commission's scope of authority is defined by the various Ordinances, including
Intergovernmental Agreements. Mr. Morrison stated that he did not feel it was appropriate for the Planning
Commission to say that the document is not one they favor, and therefore ought to be ignored. Ms. Koolstra
asked who will "police" the IGA's to make sure that all sides involved are participating, noting that Firestone
did not participate in the last hearing without coercion. Mr. Morrison discussed how all sides have the ability
to seek specific performance of the Agreement, and the Department of Planning Services' staff has talked with
the Town of Firestone representatives to address how the Agreement will work.
Ms. Daniels -Mika explained thatthe current language in the Zoning Ordinance states that every five years the
Zoning Map needs to be readopted. The County is currently in the process of going to GIS, so the proposed
change is to remove the time parameters. Gloria Dunn gave an overview of the changes to Section 43, Mobile
Homes and Accessory Dwelling Units. The Department of Planning Services' staff is proposing to limit the type
of structure allowed for accessory farm use to only mobile homes, which are temporary. Accessory dwellings
are permanent structures, which make them inconsistent with the temporary nature of the allowed use. Ms.
Dunn stated that the staff is also recommending approval of language requiring that the need for an accessory
to farm mobile home be established and then revalidated annually. There was discussion between Ms.
Koolstra and Ms. Daniels -Mika as to why these changes are necessary. Ms. Daniels -Mika explained that this
change is requested so that justification for the use will be required. Ms. Koolstra noted her personal
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July 1, 1997
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experience where neighbors were more receptive to the idea of her kids building a home, but the County was
more receptive to the idea of a mobile home. Arlan Marrs stated that he, as a landowner, does not want to
be limited to mobile homes. Kent Keithley reiterated that accessory to the farm is a temporary use, and so by
nature, a mobile home is much easier to remove than a stick built home. Mr. Marrs asked if a modular home
is considered a mobile home. Ms. Keithley stated yes, as long as it is not on a permanent foundation. There
was discussion about the Uniform Building Code regulating the type of foundations for permanent and
temporary structures. Mr. Marrs stated that he feels that landowners should be able use mobile homes,
modulars on permanent foundations, or even stick built homes as long as they agree to remove them when
there is no longer the need for them. There was discussion regarding the differences between mobile homes
and manufactured homes. Lee Morrison explained that manufactured homes are those placed on permanent
foundations and they are treated the same as stick built houses; all others are referred to as mobile homes.
Mr. Morrison suggested that a separate vote be taken for this issue.
Ms. Dunn gave an overview of the Medical Hardship and Temporary Accessory Structure Sections. Ms.
Koolstra asked if the Department of Planning Services' staff checks on the compatibility of a temporary
accessory structure; Ms. Dunn stated no, because it is not a zoning permit process. Ms. Koolstra stated that
she feels this is inconsistent, as often times these mobile homes are not as well taken care of as mobile homes
that are lived in. Ms. Dunn explained that in the agricultural zone, a small, stick built storage building is a use
by right. Therefore, a mobile home used for storage would be compatible, as it would only require a building
permit. Mr. Marrs stated that he feels this encourages the use of mobile homes for storage. Mr. Morrison
stated that this does not encourage the use of mobile homes for storage, as the building permit would be an
additional hurdle not required for the shed (unless it has electricity).
Ms. Keithley gave an overview of Section 23, Site Plan Review, explaining that the revision was prompted by
the lack of information requested from the applicant in the current packet.
Trevor Jiricek gave an overview of Section 47, Livestock Feeding Performance Standards. The changes were
made because there was a problem with the way it was written in the past. As it was written, every livestock
feeding operation in the County was in violation of the Ordinance. Mr. Jiricek gave examples of the unrealistic
things the Health Department was to have approved in the previous wording. It has been amended to a list
of standards or criteria which can be used to evaluate the operation or compliance of the facility if the Health
Department were to receive a complaint. Stephen Mokray asked what the Health Department does prior to
this to prevent complaints. Mr. Jiricek stated that the best management practices most facilities operate under
are not part of any Ordinance or Regulations. The Health Department has found that most Ordinances are
most effective when complaint -driven, and they also do not have the staff to inspect the facilities one by one.
Ms. Daniels -Mika added that the Health Department will respond to requests for proactive suggestions. After
discussion, it was decided that "water -tight" will be deleted from Section 47.2.1 and "in accordance with the
Confined Animal Feeding Operation Control Regulations" will be added after "surface". Per Ms. Koolstra's
request, Mr. Jiricek discussed ground water monitoring wells. Mr. Marrs asked if the monitoring wells could
be implemented if Section 47.2.7 were not included. Mr. Morrison stated that if the County was going to
assume the cost for the well, it would not be necessary. However, since the County wants the information
developed by the party suspected of causing the problem, this wording would be necessary for authority to
obtain the information. There was discussion regarding groundwater being public property, regarding the
CAFO regulations, and regarding the County's authority. There were concerns that 47.2.7 was too broad.
Glenn Vaad suggested the elimination of the paragraph due to the State's power to protect the health and
welfare of the people, and also because the Use by Special Review process attaches Conditions of Approval.
There was discussion about the qualified ground water scientist definition; Mr. Jiricek stated that if 47.2.7 is
deleted, the definition can also be deleted. After further discussion, it was decided that 47.2.7 is unnecessary,
as the County will be protected by CAFO Regulations.
Glenn Vaad moved to delete 47.2.7, with the subsequent renumbering, and to delete the new definition of
qualified ground water scientist. Stephen Mokray seconded the motion.
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The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Gristle Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Glenn Vaad questioned the wording of Section 4.6.14 and asked why it talks about the responsibility of "the
planner" until the end, and then it refers to "the Department of Planning Services". Ms. Daniels -Mika explained
that the planner makes a recommendation to staff, which then becomes the recommendation of the
Department of Planning Services.
Ms. Koolstra stated that the wording of Section 43, to her, implies that the County looks at agrioulture as
impermanent. There was further discussion about Section 43. Ms. Daniels -Mika suggested that the wording
be changed to include anything but a stick built structure, which is a permanent structure. Mr. Marrs ofstructure
stated
a
as long as the landowner understands it is a temporary use, he should be able to place any type
on his land. There was discussion about accessory structures causing confusion to prospective property
buyers; they could give buyers the impression that the structures are a use by right. Mr. Morrison suggested
that the permts be recorded or covenants be required in order to give legal notice. Per Shirley Camenisch's
request, Ms. Daniels -Mika discussed what the fees are based on. Ms. Koolstra, asked what landowners such
as Francis Gregerson (Gregerson Dairy) will do with existing permanent structures. Ms. Daniels -Mika stated
that Mr. Gregerson has already substantiated the need for accessory dwellings, so there is no problem. If the
use were to change, Mr. Gregerson could work with the Department of Planning Services to try to reclassify
the accessory dwellings. Ms. Daniels -Mika explained how there is no accessory use available to rent a
structure in an agricultural zone district. Mr. Marrs asked if the Department of Planning Services' staff wanted
to make any changes to Section 43 before the Planning Commission votes on it. Ms. Daniels -Mika
recommended that a consistent standard be used throughout the Subdivision and Zoning Ordinances stating
that the first two pages of the application will be recorded at the Weld County Clerk & Recorders Office and
the appropriate fee will be paid. Mr. Morrison and Ms. Daniels -Mika discussed whether the annual reviews
should be recorded as well. Mr. Morrison again suggested that a covenant be required. It was also suggested
that the property owner be required to notify the Weld County Assessor's Office, and they in turn make a
notation on the property tax notice. Mr. Morrison stated that the Assessor's Office would have to be involved
in that decision. Mr. Marrs asked how big of a problem the issue is. Ms. Daniels -Mika explained that the
Department of Planning Services' staff is starting to see many such cases all of a sudden. Mr. Marrs noted that
the changes requested by the Department of Planning Services' staff will not prevent the possibility of someone
buying property with the misunderstanding that they can use the existing accessory dwellings as they please.
Ms. Daniels -Mika reiterated that a temporary structure needs to be temporary. Ms. Daniels -Mika explained
how the property owners will be reminded yearly to submit justification of the use. There was further
discussion about to what extent the County should go in order to make the disclosure process as easy as
possible for any prospective buyers.
Cristie Nicklas moved that the Subdivision Ordinance changes be forwarded to the Board of County
Commissioners with Planning Commission's recommendation for approval. Stephen Mokray seconded the
motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Gristle Nicklas moved that changes to Section 43 of the Weld County Zoning Ordinance be forwarded to the
Board of County Commissioners, with the deletion of "Mobile Home" and replacement with "Accessory Dwelling
Unit", with the Planning Commission's recommendation for approval.
Ms. Dunn asked if Ms. Nicklas' intent was to exclude mobile homes; Ms. Nicklas stated no. Mr. Morrison
explained that "dwelling unit" includes everything but mobile homes, so Ms. Nicklas' was inadvertently
excluding mobile homes with her choice of wording.
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WELD COUNTY PLANNING COMMISSION MINUTES
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Cristie Nicklas moved that changes to Section 43 of the Weld County Zoning Ordinance be forwarded to the
Board of County Commissioners, with the addition of "Accessory Dwelling Unit" and with the addition of "Prior
to the issuance of the Temporary Accessory Farm Use permit, the applicant shall provide for recording a
covenant enforceable by the County which adequately describes the Mobile Home or Accessory Dwelling Unit
and provides that the use of the Mobile Home or Accessory Dwelling Unit is subject to the Temporary
Accessory Farm Use permit" to Section 43.2.3.3, with the Planning Commission's recommendation for
approval. Glenn Vaad seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Stephen Mokray moved that changes to Section 47 of the Weld County Zoning Ordinance be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation for approval. Glenn Vaad
seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Glenn Vaad moved that changes to Section 21.4.3 of the Weld County Zoning Ordinance be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation for approval. Shirley
Camenisch seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Cristie Nicklas moved that changes to Section 23 of the Weld County Zoning Ordinance be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation for approval. Stephen
Mokray seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Glenn Vaad moved that changes to Section 10 of the Weld County Zoning Ordinance be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation for approval. Cristie Nicklas
seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Ms. Dunn explained that the proposed addition to Section 24 is to give the Weld County Public Works
Department the ability to use something other than the 100 -year storm to measure runoff, and to clean up the
language.
Stephen Mokray moved that changes to Section 24 of the Weld County Zoning Ordinance be forwarded to the
Board of County Commissioners with the Planning Commission's recommendation for approval. Glenn Vaad
seconded the motion.
WELD COUNTY PLANNING COMMISSION MINUTES
July 1, 1997
Page 5
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Glenn
Vaad-yes; Cristie Nicklas-yes; Marie Koolstra-yes; Stephen Mokray-yes; Shirley Camenisch-yes; Arlan Marrs -
yes. Motion carried unanimously.
Meeting adjourned at 3:55 p.m.
Respectfully submitted,
Tammie Pope
Secretary
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