HomeMy WebLinkAbout20241695.tiffPROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED: Chapter 23, Article XI
SECTION(S) PROPOSED TO BE MODIFIED: Section 23-11-250 and Section 23-1-90
RATIONALE FOR MODIFICATION: Staff is required by the Colorado Conservation Water Board
(CWCB) and FEMA to adopt code that accepts the last three (3) floodplain maps. The majority of
the maps were accepted on November 30, 2023, but there are three (3) floodplain maps that did
not get accepted. These three (3) maps have been fully reviewed by FEMA and will be adopted
on September 26, 2024. The Weld County Floodplain Ordinance must be consistent with the
latest adoption date of September 26, 2024. Section 23-11-250 shows the date change. Also, add
the definition of crawlspace and clarify the definition of lowest floor.
PROPOSED MODIFICATION:
CHAPTER 23 — ZONING
ARTICLE 1 - General Provisions
Sec. 23-1-90. - Definitions.
BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floor
sub -grade (below ground level) on all sides. The lowest floor of a residential BUILDING, including
BASEMENTS, shall be at least one (1) foot above the BASE FLOOD ELEVATION (BFE). Any
crawl space CRAWLSPACE with four (4) feet or more between the floor and the ceiling shall be
considered to be a BASEMENT.
CRAWLSPACE:
An under -floor space that has its interior floor area (finished or not) no more
than five (5) feet below the top of the next -higher floor. Crawlspaces generally have solid
foundation walls. See Diagram 8 in the FEMA Elevation Certificate Instructions.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any
crawlspace or a BASEMENT. Any floor used for living purposes which includes working, storage,
sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor
that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or
FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage
in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR;
provided that such enclosure is not built so as to render the STRUCTURE in violation of the
applicable non -elevation requirement of 44 CFR 60.3.
ARTICLE XI - Floodplain Management Ordinance
Division 1 General Provisions
Sec. 23-11-250. Basis for establishing Special Flood Hazard Area (SFHA).
The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering
report entitled, "The Flood Insurance Study for Weld County, Colorado, and Incorporated Areas,"
dated September 26, 2024 November 30. 2023, with accompanying FLOOD INSURANCE RATE
MAPs (FIRM) and FHBM and any revisions thereto, are hereby adopted by reference and
declared to be part of this ORDINANCE. These SPECIAL FLOOD HAZARD AREAS identified by
SOS4- K.99s
the FIS and attendant mapping are the minimum area of applicability of this ORDINANCE and
may be supplemented by studies designated and approved by the Board of County
Commissioners, CWCB and FEMA The FLOODPLAIN ADMINISTRATOR shall keep a copy of
the FIS, FIRMs and/or FHBMs on file and available for public inspection
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Virginia Guderjahn, 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:
Presented by:
Request
Ordinance 2024-10
Diana Aungst
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
of the Weld County Code (Floodplain).
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 change is required due to Federal Emergency Management Agency's (FEMA) adoption of
three (3) Preliminary Map Panels. The adoption of these Panels changes the effective date of the Flood
Insurance Rate Maps (FIRMs) for Weld County; therefore FEMA requires that the county update the Code to
reflect the new effective date.
2. Section 23-2-120.8.2 — 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.
The proposed revision is consistent with County goals to maintain compliance with the National Flood
Insurance Program (NFIP).
3. Section 23-2-120.8.3 — 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 protect the public health, safety and welfare,
by regulating activities and development in hazardous areas including the Special Flood Hazard Areas.
Motion seconded by Pamela Edens.
VOTE:
For Passage Against Passage Absent
Elijah Hatch
Skip Holland
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
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 Commissioners 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 June 4, 2024.
Datedthe 4th o June, 2024
�j
Kr
istine R Ranslem
Secretary
2024-1695
CHAPTER 23 — ZONING
ARTICLE XI - Floodplain Management Ordinance
Division 1 General Provisions
Sec. 23-11-250. Basis for establishing Special Flood Hazard Area (SFHA).
The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering report
entitled, "The Flood Insurance Study for Weld County, Colorado, and Incorporated Areas," dated
September 26, 2024 , with accompanying FLOOD INSURANCE RATE MAPs (FIRM) and FHBM and any
revisions thereto, are hereby adopted by reference and declared to be part of this ORDINANCE. These
SPECIAL FLOOD HAZARD AREAS identified by the FIS and attendant mapping are the minimum area of
applicability of this ORDINANCE and may be supplemented by studies designated and approved by the
Board of County Commissioners, CWCB and FEMA. The FLOODPLAIN ADMINISTRATOR shall keep a
copy of the FIS, FIRMs and/or FHBMs on file and available for public inspection.
Summary of the Weld County Planning Commission Meeting
Tuesday, June 4, 2024
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Elijah Hatch, at 1:30 p.m.
Roll Call.
Present: Elijah Hatch, Butch White, Michael Wailes, Pamela Edens, Virginia Guderjahn, Barney Hammond,
Michael Biwer.
Absent: Skip Holland, Michael Palizzi.
Also Present: Chris Gathman, Diana Aungst, and Molly Wright, Department of Planning Services, Lauren
Light, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the May 7, 2024 Weld County Planning Commission minutes, Moved by Butch White,
Seconded by Barney Hammond. Motion passed unanimously.
The Chair noted that the applicant for Pivot Energy has requested to amend the Agenda to the following
order: USR24-0008 first, then USR24-0006 and then USR24-0004.
Case Number
Applicant:
Planner
Request:
Legal
Location:
USR24-0008
Christopher Cannon, Curtis Montgomery Cannon and Elizabeth Anne Newton
Trust, c/o Pivot Solar 58, LLC and Pivot Solar 60, LLC
Chris Gathman
A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
Description: Lot B Recorded Exemption RE -410; being part of the NE1/4 of Section
23, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado.
South of and adjacent to State Highway 392; west of and adjacent to County Road
47.
Chris Gathman, Planning Services, presented Case USR24-0008, reading the recommendation and
comments into the record. Mr. Gathman noted that there is an existing solar facility just under three (3)
acres, approved under ZPSF22-0003 located in the southeastern portion of the site adjacent to the
proposed USR.
Mr. Gathman stated that notices were sent to eight (8) surrounding property owners within 500 feet of the
proposed USR boundary. He added that no written correspondence or telephone calls were received
regarding this application. The Department of Planning Services recommends approval of this application
along with conditions of approval and development standards.
Commissioner Wailes asked who operates the other solar facility adjacent to the proposed application. Mr.
Gathman suggested asking the applicant.
Commissioner Edens asked how many acres are irrigated. Mr. Gathman said that according to the
application it is all irrigated.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that they have three (3)
different USRs on the docket today. He provided an overview of how Pivot Energy has been operating in
Weld County.
1
Samantha Frick, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, spoke about how Pivot Energy
invests in the communities they work in and how they engage with the landowners who are impacted by
the proposed projects. She added that they host meetings and solicit input about the project and explain
how to integrate the project with the landscape.
Mr. Sunderland said that they are working with the applicant to put the site that the solar facility will be
located on to grass rather than alfalfa for the purpose of grazing sheep. Conversation of whether having
full crop production or just grazing is still ongoing. He added that there are no homes within 500 feet of the
site and no one attended the community meeting they hosted for this site.
Donna Newton, 225 Dundee Ave, Greeley, Colorado, stated that she represents Cannon Farms and added
that this farm has been in her family for over 100 years. Her grandfather has passed the land down through
the family. Ms. Newton said that her mother had received numerous solar farm solicitations and frequently
commented about solar farms as an alternative or addition to harvesting crops. Although, it never happened
prior to her passing, the family did eventually explore solar options. Ms. Newton said that if they wanted to
have solar they wanted to work with a company like Pivot Energy who would make continued efforts to
make continued agricultural use a priority.
In response to Commissioner Wailes inquiry, Mr. Sundman replied that Pivot Energy operates the solar
facility adjacent to this proposed project.
Commissioner Hammond said that there is a plugged and abandoned well located on site and wanted to
ensure that there will be setbacks in place. Mr. Sundman said that they will comply with the required
setbacks.
Commissioner Hammond said that he would like to see the site at its highest productive farmland as
possible. He added that we try to keep as much farm ground as we can and added that he would like to
see its highest and best use as agricultural if we can keep it that way. Mr. Sunderland said that they are
working the with current tenant farmer and do not intend to push them out.
Commissioner Guderjahn asked what the distance is between the rows of solar panels. Mr. Sunderland
replied that they are 20 feet apart.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Bruce Johnson, 801 8th Street, Greeley, Colorado, stated that he owns the farm immediately east of the
property. He is not for or against this project. He said that the section east of them carries the lateral water
for irrigating their farm and he wants to make sure that in the planning of this project that it doesn't get
impacted in any way.
The Chair referred to Mr. Johnson's comments and asked the applicant if there will be any impacts to his
property. Mr. Sundman replied that there will be no impacts to his property.
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.
Motion: Forward Case USR24-0008 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Barney Hammond, Butch White, Elijah Hatch, Michael Biwer, Michael Wailes, Pamela Edens, Virginia
Guderjahn.
Case Number: USR24-0006
Applicant: Cynthia Kennedy, do Pivot Solar 46, LLC and Pivot Solar 47, LLC
Planner: Diana Aungst
2
Request: A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
Legal Description: Lot B Recorded Exemption RECX14-0002; being part of the S1/2SW1/4 of Section
14, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado.
Location: East of and adjacent to County Road 57; north of and adjacent to County Road 44.
Diana Aungst, Planning Services, presented Case USR24-0006, reading the recommendation and
comments into the record. Ms. Aungst noted that there will be two (2) phases to this proposed project
located on approximately 65 acres. She noted that a letter of objection was received outlining concerns of
removing irrigated farmland from agricultural production and that the location of the solar facility may
interfere with the ability to see oncoming traffic when pulling out. She added that the Weld County Public
Works performed a site visit and did not identify any problems with the intersection. The Department of
Planning Services recommends approval of this application along with conditions of approval and
development standards.
In response to Commissioner White's inquiry, Ms. Aungst replied that the site is currently in agricultural
production.
Commissioner Hammond asked if there are any concerns with the damming around the racking if there
was a flood. Ms. Aungst said that there will be requirements when they submit their floodplain permit to
Weld County and those types of items will be reviewed.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that this site will include some
form of agrivoltaics and are pursuing and prioritizing subsurface or surface drip. They have been working
with the Kennedy's if they wish to provide the vegetation management for the site. He added that they held
a community meeting with no one in attendance. Mr. Sundman said that they reached out to the landowner
who submitted the objection letter multiple occasions and haven't heard back, however, they have
addressed the concerns that they do intend to keep it in agricultural production whether it be crops or grass.
Mr. Sundman added that they have committed to setting back off of the substation to ensure that there is
no visual hinderance so it does cover the general safety of the site.
Mr. Sundman referred to Commissioner Hammond's concern regarding the floodplain and said that they
worked with a consultant to analyze the floodplain and the impacts it would have on the site. He added
that all equipment will be outside of floodplain and if there is a flood there will be a sensor that the panels
will revert to a flat level.
Cynthia Kennedy, 28339 CR 44, Kersey, Colorado, said that they owned the property for 10 years, however,
with rising costs of materials, water and taxes they felt they needed to look at additional income in order to
be able to stay on their land. By partnering with Pivot Energy they can achieve these goals and continue
to keep their land in agricultural production for 20 years or longer.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Tammy Miller, 27556 CR 46, Kersey, Colorado, said that she and her husband own and operate all the
land surrounding this property and added that it is heartbreaking to have land taken out of agricultural
production. Ms. Miller expressed concern regarding the safety aspect of the site. She added that the
substation has been downplayed and added that when it was updated a small mesh chain link was installed
but you cannot see unless you go past the stop sign. She added that with adding another fence for shielding
the site will cause additional safety issues. Ms. Miller said that she is also concerned about the wildlife
interference and said that the seven -to -eight -foot fence will be installed and wildlife will not be able to go
through the fence and will interfere with their wildlife patterns. She opposes the facility and said that there
are much better locations.
3
Mr. Sundman said that they sent multiple letters and left voicemails and would be happy to meet with the
Millers regarding this application. He said that they are setting back off of the substation to retain the view
of the intersection. He added that these projects are surrounded by hundreds of acres of open farmlands
and these projects are not large enough to affect wildlife migration patterns.
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.
Motion: Forward Case USR24-0006 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Butch White.
Vote: Motion passed (summary: Yes = 5, No = 2, Abstain = 0).
Yes: Butch White, Michael Biwer, Michael Wailes, Pamela Edens, Virginia Guderjahn.
No: Barney Hammond, Elijah Hatch.
Commissioner Hammond stated that he is concerned about this project without further study from Weld
County and from FEMA on the floodplain issue. He is not comfortable with taking a farm with an active
pivot out of production without more detail of how they are going to farm it.
Commissioner Hatch cited Section 21-3-340.A.2 and Section 21-3-340.A.1 regarding the health and welfare
and the safety of the floodplain as he doesn't feel the impacts are not studied, as well as specifics on how
the agricultural production will be replaced. He doesn't believe this site is ready to come through this
process yet without this information.
Case Number: USR24-0004
Applicant: Workman's Livestock, LLC, c/o Pivot Solar 50, LLC and Pivot Solar 51, LLC
Planner: Diana Aungst
Request: A Site Specific Development Plan and Use by Special Review Permit for a Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
Legal Description: Lot B Recorded Exemption RE -3136; being part of the SW1/4 of
Section 26, Township 5 North, Range 65 West of the 6th P.M., Weld County,
Colorado.
Location: North of and adjacent to County Road 52; approximately 0.5 miles west of County
Road 47.
Diana Aungst, Planning Services, presented Case USR24-0004, reading the recommendation and
comments into the record. Ms. Aungst stated that letters were sent to 22 surrounding landowners and no
written correspondence was received; however, Staff received a phone call from Mr. Cruz with questions
and concerns and later Staff received Exhibit 1 which outlines correspondence between the applicant and
Mr. Cruz.
Ms. Aungst recommended deleting Development Standard #33 as it is not required. The Department of
Planning Services recommends approval of this application along with conditions of approval and
development standards.
Commissioner Guderjahn asked if the applicant has a post -community meeting version of the site plan.
She referred to Exhibit 1 there is a pre -community engagement and a post -community engagement and
they have altered the layout of the site. Ms. Aungst replied that they have not submitted the revised layout
to Staff yet.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on -
site dust control.
Commissioner Wailes asked if Staff has had a chance to review the revised site plan from the applicant.
Ms. Aungst replied that she has not, however, it appears that the applicant is moving the solar panels to
address the Mr. Cruz's concerns by moving them away from his property. She said that she believes the
change of placement of the solar panels is minor enough that the maps they have are conceptual. Karin
4
McDougal, County Attorney, agreed with Ms. Aungst and said it depends on how substantial the change is
whether or not we would be able to move forward. She added that it doesn't sound like it is a substantial
change and suggested that we hear from the applicant.
Kyle Sundman, Pivot Energy, 1601 Wewatta Street, Denver, Colorado, stated that the change that was
made is not substantial in terms of the footprint but substantial to the phasing. He said originally the project
was arranged vertically, where the left half was the first project and the right half was the second project.
Through community engagement with the Cruz's, they shifted the way the project would be built so that the
array would be built on the southern half of the property first, away from them. He added that the footprint
isn't different but the phasing is different.
Mr. Sundman said that this site currently has a year-to-year water lease with the City of Aurora. Should
Pivot Energy be able to engage with a neighbor farmer or the City of Aurora for a multi -year lease, they will
commit to doing the same surface level drip and crop or grass brush. He added that if they cannot get a
lease that is more than one year, they feel that they cannot commit to the exact specific type of crop.
Alisha Acosta, Workman's Livestock, 22257 CR 52, Greeley, Colorado, stated that their family farm impacts
three (3) generations. Ms. Acosta said that they as a dryland farm they are faced with challenges of
unpredictable weather, fluctuating market prices and inconsistent availability of leased water. She added
that since they have embraced the idea of solar farming, it has become a beacon of financial security for
their family.
Commissioner Wailes asked if the access point off of County Road 52 will remain with the reconfiguration
of the layout. Mr. Sundman replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Kandace Cruz, 25252 CR, 45, Greeley, Colorado, stated that their property runs parallel to the proposed
site. Ms. Cruz said that they are also located in the floodplain and is concerned that no one has pointed
that out. She expressed concern regarding environmental and health issues from the solar panels.
Michael Cruz, 25252 CR 45, Greeley, Colorado, stated that he is the neighbor directly to the north of the
subject site. He said that there are some eagles, owls and hawks in the area and would like to hear
comments from the State Wildlife Department. Mr. Cruz said that the site is under a full circle pivot system
so he doesn't understand how they are not getting good crops. He appreciated that they moved the solar
over but he stated that he is opposed to this project. He added that none of the landowners live there. Mr.
Cruz asked the Planning Commission to consider the wildlife and the environmental concerns.
Mr. Sundman said that based on their studies, they have not found any health or environmental effects from
solar panels. He added that they are happy to continue working with the Cruz's.
Commissioner Edens commented that it is great what you do for the community but she has to look at the
requirements in order to move it forward to the County Commissioners.
The Chair asked Staff if there were any further changes to the Resolution. Ms. Aungst requested to delete
Development Standard 33 as it is not required.
Ms. Light requested deleting Development Standard 27 as they don't typically put restrictions on noise for
these facilities.
Motion: Delete Development Standards 27 and 33, Moved by Michael Wailes, Seconded by Butch White.
Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
5
Motion: Forward Case USR24-0004 to the Board of County Commissioners along with the Conditions of
Approval and amended Development Standards with the Planning Commission's recommendation of
approval, Moved by Butch White, Seconded by Michael Wailes.
Vote: Motion passed (summary: Yes = 6, No = 1, Abstain = 0).
Yes: Barney Hammond, Butch White, Elijah Hatch, Michael Biwer, Michael Wailes, Pamela Edens.
No: Virginia Guderjahn.
Commissioner Guderjahn cited Section 23-2-220.A.6 regarding the preservation of prime agricultural land.
The Chair called a recess at 3:40 p.m. and reconvened the hearing at 3:48 p.m.
Commissioner Hammond recused himself as he was involved with this case when working at SunShare.
Commissioner Hatch left the hearing due to prior engagements.
Case Number: USR24-0001
Applicant: Wells Ranch, LLLP, c/o SunShare, LLC, dba Aquamarine Solar, LLC
Planner Molly Wright
Request: A Site Specific Development Plan and Use by Special Review Permit fora Solar
Energy Facility (SEF) outside of subdivisions and historic townsites in the
A (Agricultural) Zone District.
Legal Description: E1/2 of Section 31, Township 6 North, Range 63 West of the
6th P.M., Weld County, Colorado.
Location: North of and adjacent to County Road 62; approximately 0.48 miles east of County
Road 61.
Molly Wright, Planning Services, presented Case USR24-0001, reading the recommendation and
comments into the record. Ms. Wright noted that no written correspondence or telephone calls were
received regarding this application. The Department of Planning Services recommends approval of this
application along with conditions of approval and development standards.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and on-
site dust control.
Kristy Weyerman, 1877 Seadrift Drive, Windsor, Colorado, stated that this project will be located on
approximately 55 acres with up to 10 megawatts. She added that the project will connect to the existing
Xcel distribution lines already located on site. Additionally, there will be a 6 -foot privacy fence on the
northeast corner to mitigate views for the closest residence within 500 feet of the site. The site will be
grazed by sheep for vegetation management. She added that they invited landowners within 1000 feet to
a community meeting, however, no one had showed up to the meeting.
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 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.
Motion: Forward Case USR24-0001 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Virginia Guderjahn, Seconded by Pamela Edens.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Butch White, Michael Biwer, Michael Wailes, Pamela Edens, Virginia Guderjahn.
Absent: Barney Hammond, Elijah Hatch.
Case Number:
Planner:
Request:
Ordinance 2024-10
Diana Aungst
In the Matter of Repealing and Reenacting with Amendments, Chapter 23 Zoning
of the Weld County Code (Floodplain)
6
Diana Aungst, Planning Services, stated that Weld County is required by the Colorado Water Conservation
Board (CWCB) and the Federal Emergency Management Agency (FEMA) to adopt code language that
accepts the last three (3) floodplain maps. The majority of the maps were accepted on November 30, 2023,
however, there are three (3) floodplain maps that did not get accepted. These three (3) maps have been
fully reviewed by FEMA and will be adopted on September 26, 2024. Ms. Aungst said that the Weld County
Floodplain Ordinance must be consistent with the latest adoption date of September 26, 2024.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Motion: Forward Case Ordinance 2024-10 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Virginia Guderjahn, Seconded by Pamela Edens.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Barney Hammond, Butch White, Michael Biwer, Michael Wailes, Pamela Edens, Virginia Guderjahn.
Absent: Elijah Hatch.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 4:12 p.m.
Respectfully submitted,
Kristine Ranslem
Secretary
7
CHAPTER 23 — ZONING
ARTICLE Xl - Floodplain Management Ordinance
Division 1 General Provisions
Sec. 23-11-250. Basis for establishing Special Flood Hazard Area (SFHA).
The SPECIAL FLOOD HAZARD AREA identified by FEMA in a scientific and engineering report
entitled, "The Flooc Insurance Study for Weld County, Colorado, and Incorporated Areas," dated
September 26, 2024 November 30, 2023, with accompanying FLOOD INSURANCE RATE MAPs (FIRM)
and FHBM and any revisions thereto, are hereby adopted by reference and declared to be part of this
ORDINANCE. These SPECIAL FLOOD HAZARD AREAS identified by the FIS and attendant mapping
are the minimum area of applicability of this ORDINANCE and may be supplemented by studies
designated and approved by the Board of County Commissioners, CWCB and FEMA. The FLOODPLAIN
ADMINISTRATOR shall keep a copy of the FIS, FIRMs and/or FHBMs on file and available for public
inspection.
Hello