HomeMy WebLinkAbout20223562.tiffMEMORANDUM
TO:
FROM:
DATE:
RE:
WELD COUNTY PLANNING COMMISSION
JIM FLESHER, LONG-RANGE PLANNER
DECEMBER 6, 2022
ORD2023-01, FAMILY FARM DIVISIONS
The Board of County Commissioners held a worksession with staff on September 7 of this year
to discuss updates to Chapters 24 and 27. The updates to Article VII of Chapter 24 relating to
Family Farm Divisions are being separated from the other changes in order to implement them
quicker. The FFD is exempt from the definition of "subdivision" and is intended for active family
farms and ranches.
During the September 7 worksession, staff was directed to draft an ordinance removing the
current requirements for existing improvements on the property and a minimum of 70 acres to
apply. The maximum size of the smaller of the two resulting lots is also proposed to be increased
from seven acres to ten. One of the two lots will need to be at least one acre with public water or
two -and -a -half acres with well water and the other lot will need to be at least 35 acres where the
farming or ranching is expected to continue. The standards in Section 24-7-20 also have some
minor rewording and reformatting.
As a hypothetical example, a 640 -acre section of land zoned Agricultural could be divided into 16
lots of 40 acres each by deed. Each of the 40 -acre lots could then be split into two lots with an
FFD, for a total of 32 lots per section, under the new regulations. For comparison, under the
previous system of Recorded Exemptions, a section of land could hypothetically be split into 120
or more lots. However, it would have taken at least 50 years to do so, starting with eight 80 -acre
lots split in two and adding eight lots every five years.
Under the current regulations, the total number of hypothetical FFD lots per section is 18 — the
same as if the section were split into 35 -acre lots by deed.
Since the FFD process was introduced at the end of 2020, 55 applications have been submitted.
For comparison, in 2018 and 2019, 340 RE applications were submitted, many of which were for
three- or four -lot REs. Staff expects many more applications after removing the two requirements
mentioned above.
Page 1
OLDo7o2 - L5 51,,02
Jim Flesher
From:
Sent:
To:
Cc:
Subject:
Kelsey Bruxvoort <Kbruxvoort@agpros.com>
Tuesday, December 6, 2022 11:01 AM
Maxwell Nader
Tom Parko Jr.; Jim Flesher; Tim Naylor; Hannah Dutrow
Planning Commission Comment - FFD Code Revisions (Section 24-7)
EXHIBIT
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Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and
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Hi Max,
For today's Planning Commission Hearing on Section 24-7 — FFD Code Revisions, we have the following comment on: 'Amend
Sec. 24-7-20. Standards. D. The smaller lot shall not be greater than ten (10) acres net.'
We request consideration of increasing the maximum lot size for the smaller lot from 10 -acres to 34.9 -acres. This would be more
consistent with the original intent of the 2 -Lot Recorded Exemption. At the BOCC Work Session for the proposed code revisions,
it was discussed that the original 7 -acre maximum requirement felt somewhat arbitrary. Increasing the size to 10 -acres still feels
somewhat arbitrary.
While 10 -acres may be an adequate size for a residential use, there are many other agricultural uses that might require more
flexibility. We were approached by a farmer wanting to split off 22 -acres to divest of an existing cattle feeding operation to help
with his retirement. His son in law wanted to purchase the 22 -acre cattle feeding area, and the farmer wished to keep the
remaining irrigated pivot in the family trust. There unfortunately was not a reasonable process for the farmer to go through to
accomplish this.
Due to waterways and topography, this particular property was not a typical 160 -acre square parcel with a central pivot and 4
equal sized pivot corners. The code should allow flexibility for different property shapes and agricultural uses.
Please add our comment to the record,
Thank you,
Kelsey Bruxvoort
Land Planner
AGPROfessionals
3050 67th Avenue
Greeley, CO 80634
Office: 970-535-9318
Mobile: 970-744-0068
Fax: 970-535-9854
www.agpros.com
AGPROfessjonals
DEVELOPERS OF AGRICULTURE
I 2019
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Awards hies
Winner
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FASTEST GE )W Ilt.
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1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 6, 2022
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 12:31 pm.
Roll Call.
Present: Elijah Hatch, Sam Gluck, Michael Wailes, Michael Palizzi, Shana Morgan.
Absent: Skip Holland, Butch White, Pamela Edens.
Also Present: Kim Ogle, Diana Aungst, Michael Hall, Maxwell Nader, and Jim Flesher, Department of
Planning Services; Lauren Light, Department of Environmental Health; Karin McDougal, County Attorney,
and Michelle Wall, Secretary.
Motion: Approve the November 1, 2022, Weld County Planning Commission minutes, Moved by Michael
Wailes, Seconded by Sam Gluck. Motion passed unanimously.
The Chair stated that the Agenda Order has changed. Ordinance 2023-01 will be heard as the first hearing
item.
CASE NUMBER: ORDINANCE 2023-01
PRESENTED BY: JIM FLESHER
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE (FAMILY FARM
DIVISION).
Jim Flesher, Planning Services, gave an overview of the proposed code changes regarding family farm
divisions. The changes include removing the requirement for improvements on the property, the
requirement of 70 acres minimum to apply, and increasing the maximum size of the smaller of the two
resulting lots from 7 to 10 acres.
Commissioner Wailes said he was told staff received an email earlier today. Max Nader, Planning Services,
explained that an email was received from Agprofessionals requesting to increase the maximum size of the
smaller lot, Lot A, to 34.9 acres making it more flexible for other agricultural uses. Staff is proposing that
the maximum for the smaller lot be increased from 7 acres to 10 acres. Lot A is intended for residential
improvements, leaving Lot B for farming. Mr. Nader forwarded Agprofessional's email to Ms. McDougal for
the record.
The Chair asked if there was anyone in the audience who wished to speak for or against this Ordinance.
No one wished to speak.
Motion: Forward Ordinance 2023-01 to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Michael Palizzi, Seconded by Sam Gluck .
Vote: Motion passed (summary: Yes = 4, No = 1, Abstain = 0).
Yes: Elijah Hatch, Michael Palizzi, Sam Gluck, Shana Morgan.
No: Michael Wailes.
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 3:06 pm.
Respectfully submitted,
Michelle Wall
Secretary
2022-3562
2. At least one of the family members
3. The minimum parcel size of the land to be divided shall be:
a. Seventy (70) acres or greater;
b. A ha4f quarter section;
c. Or less than seventy (70) acres under the sa
parcel or parcels which total at least seventy (70) acres. Entire parcels must be included in the
acreage ca cu ation. Adcitiona contiguous oarce-s wnic 1 exceed tie requisite seventy (70) acres
are not included in the calculation for eligibility.
ARTICLE VII Family Farm Division
Amend Sec. 24-7-10. Overview.
A. The Family Farm Division is a one -time -only land division for the purpose of creating a permanent, legal lot for
the benefit of family members or farm employees related to the operation of the on -site, active family farm
or ranch. A family farm or ranch is one in which ownership and control of the operation is held by a family of
individuals related by blood, marriage, or adoption.
B.
on properties that contain or are contiguous to the existing family farm residential improvements.The
standards of the Family Farm Division have been designed to allow for an additional lot for beneficial use by
family farms and ranches while also supporting the objective of preserving functional agricultural land.
C The Family Farm Division seeks to support the agricultural heritage and families of Weld County by accounting
for the ever-changing dynamics among farming practices, technologies, and agribusiness structure, while
preserving the integrity of individualized farm ownership and management.
D. Lots which arc part of a Historic Townsite or any recorded Planned Unit Development, major or minor
not be divided by a Family Farm Division. Lots that are part of a Historic Townsite, Planned Unit Development,
Ma'or or Minor Subdivision, Rural Land Division, Resubdivision, or Family Farm Division shall not be divided by
a Family Farm Division.
E The Family Farm Division shall adhere to Chapters 22 and 23 of the Weld County Code and to the General
Provisions and Conformance Standards per Chapter 24, Articles I and II of the Weld County Code, as amended.
F The Board of County Commissioners hereby determines that the Family Farm Division process is not within the
purposes of Article 28 of Title 30, C.R.S. Pursuant to Subsectior 30-28-101(10)(d), C.R.S., and, therefore, is
exempt from the definition of subdivision or subdivided land and from following the subdivision procedures
and requirements set forth in this Chapter. However, the land divisions shall follow the procedures and
requirements set forth in this Article.
Amend Sec. 24-7-20. Standards.
is subject to the following criteria:
1. The property to be divided by the proposed Family Farm Division shall be comprised of a legal lot.
n the subject
re greater than seventy (70) acres.
(Supp. No. 79)
Created: 2022-11-07 14:54:32 [EST]
Page 1 of 2
A
lots of the Fami
y Farm Division shall not be
ess than one (1
j
acre in size if served by a
p
ub
is water
source or two anc one half (2.5) acres if served by a water wel
5 The lot created by the Family Farm Division shall not be greater than seven (7} acre& in size.
6. All lots included in the Family Farm Division applica-ti-an that are less than thirty five (35) acres shall
remain ess tian tiirty five (35) acres wit i configuration unc -iangec.
7 _
remain at
east thirty five (35
y Farm Division s
9 On y one Fami
by a Famil
acres in size.
1a
e served by a separate on site wastewater treatment system
be permitted on an e
igib
e tract of
anc. Parce
s previous
y
civicec
o. Access shalt meet a-4 safety criteria as outl-ined i-n Chapter 8, Article XIV of the Weld County Code, as
amencec Wien fcasib e, access between tie Fami y -Farm Div4sio-n lots s iou c be siarec to minimize
conf ct points a ong tie We c County maintainer roadway. If a siarec access is proposec, a separate
i
11. The Family Farm D iv i sfo-n may only be permitted i n t
le A
I
Ag-ricu
tu-ra
)
Zone District inc
u-eec in C
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r
23, Article III, Division I of the Weld County Code, as amended.
} Family Farm Division lot lines may be amended utilizing the Lot Line Adjustment procedure as detailed
in Article X of Chapter 24, as amended.
The Family Farm Division (FFD' is a land division process used to divide a parcel into two (2separate lots and
is subject to the following criteria:
A. The property to be divided by the proposed Family Farm Division shall be comprised of one ;1 legal lot.
B. The Family Farm Division shall only be permitted in the A (Agricultural) Zone District.
C. The larger lot shall not be less than thirty-five (35) acres net.
D. The smaller lot shall not be greater than ten (10) acres net.
E. The smaller lot shall not be less than one (1) acre net if served by public water or two and one-half (2.5acres
net if served by a water well.
F Each lot shall be served by a separate on -site wastewater treatment system (OWTS, or public sewer.
G. Access shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code, as amended.
When feasible, access between the Family Farm Division lots should be shared to minimize conflict points along
the publicly maintained roadway. If a shared access is proposed, a separate recorded access and utility
easement agreement addressing maintenance shall be submitted.
Amend Sec. 24-7-30. Submittal requirements.
A complete Family Farm Division application shall be submitted electronically to the Department of Planning
Services and shall include the following:
[A and B, no changes.]
C. Family Farm Affidavit which attests that the Family Farm Division is for the benefit of the family members or
farm employees related to the operation of the on site, acti-ve family farm or ranch and that the property
[No changes to remainder of section.]
(Supp. No. 79)
Created: 2022-11-07 14:54:32 [EST]
Page 2of2
ARTICLE XII - FAMILY FARM DIVISION.
SECTION 24-7-10. - OVERVIEW.
A. The Family Farm Division is a one -time -only land division for the purpose of creating a permanent,
legal lot for the benefit of family members or farm employees related to the operation of the on -site,
active family farm or ranch. A family farm or ranch is one in which ownership and control of the
operation is held by a family of individuals related by blood, marriage, or adoption.
B. The Family Farm Division seeks to support the agricultural heritage and families of Weld County by
accounting for the ever-changing dynamics among farming practices, technologies, and agribusiness
structure, while preserving the integrity of individualized farm ownership and management.
C. The standards of the Family Farm Division have been designed to allow for an additional lot for
beneficial use by family farms and ranches while also supporting the objective of preserving functional
agricultural land.
D. Lots which are part of a Historic Townsite or any recorded Planned Unit Development, Major or Minor
Subdivision, Rural Land Division, Resubdivision or Family Farm Division shall not be divided by a Family
Farm Division.
E. The Family Farm Division shall adhere to Chapters 22 and 23 of the Weld County Code and to the
General Provisions and Conformance Standards per Chapter 24, Articles I and II of the Weld County
Code, as amended.
F. The Board of County Commissioners hereby determines that the Family Farm Division process is not
within the purposes of Article 28 of Title 30, C.R.S. pursuant to Subsection 30-28-101(10)(d), C.R.S.,
and, therefore, is exempt from the definition of subdivision or subdivided land and from following the
subdivision procedures and requirements set forth in this Chapter. However, the land divisions shall
follow the procedures and requirements set forth in this Article.
SECTION 24-7-20. - STANDARDS.
A. The Family Farm Division (FFD) is a land division process used to divide a parcel into two (2) separate
lots and is subject to the following criteria:
1. The property to be divided by the proposed Family Farm Division shall be comprised of a legal lot.
2. Contiguous land under same ownership shall not be counted towards the acreage requirement of
the subject parcel to be divided.
3. The Family Farm Division shall only be permitted in the A (Agricultural) Zone District included in
Chapter 23, Article III, Division I of the Weld County Code, as amended.
4. A property thirty-five (35) acres net or less shall not be divided by a Family Farm Division.
5. The larger lot shall not be less than thirty-five (35) acres net.
6. The smaller lot shall not be greater than ten (10) acres net.
7. The smaller lot shall not be less than one (1) acre net in size if served by a public -water source or
two and one-half (2.5) acres net if served by a water well.
8. Both lots of the Family Farm Division shall be served by a separate on -site wastewater treatment
system (OWTS) or public sewer.
9. Only one Family Farm Division shall be permitted on an eligible tract of land. Lots previously
divided by a Family Farm Division are not eligible for an additional Family Farm Division.
10. Access shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld County Code,
as amended. When feasible, access between the Family Farm Division lots should be shared to
minimize conflict points along the publicly maintained roadway. If a shared access is proposed, a
separate recorded access and utility easement agreement addressing maintenance shall be
submitted.
11. Family Farm Division lot lines may be amended utilizing the Lot Line Adjustment procedure as
detailed in Article X of Chapter 24, as amended.
SECTION 24-7-30. - SUBMITTAL REQUIREMENTS.
A complete Family Farm Division application shall be submitted electronically to the Department of
Planning Services and shall include the following:
A -B: No change
C. Family Farm Affidavit which attests that the Family Farm Division is for the benefit of the family farm
or ranch.
D -O: No change
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Palizzi, 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 2023-01
JIM FLESHER/TOM PARKO
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE (FAMILY FARM
DIVISION).
be recommended favorably to the Board of County Commissioners.
Motion seconded by Sam Gluck.
VOTE:
For Passage
Elijah Hatch
Sam Gluck
Michael Palizzi
Shana Morgan
Against Passage Absent
Michael Wailes
Skip Holland
Butch White
Pamela Edens
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, Michelle Wall, 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 December 6, 2022.
Dated the eh day of December, 2022
Michelle Wall
Secretary
RESOLUTION ORDINANCE 2023-01
PAGE 2
CHAPTER 24 - Subdivisions
ARTICLE VII Family Farm Division
Sec. 24-7-10. Overview.
A. The Family Farm Division is a one -time -only land division for the purpose of
creating a permanent, legal lot for the benefit of family members or farm employees
related to the operation of the on -site, active family farm or ranch. A family farm or
ranch is one in which ownership and control of the operation is held by a family of
individuals related by blood, marriage, or adoption.
B.
existing family farm resicential improvements. The standards of the Family Farm
Division have been designed to allow for an additional lot for beneficial use by
family farms and ranches while also supporting the objective of preserving
functional agricultural land.
C. The Family Farm Division seeks to support the agricultural heritage and families of
Weld County by accounting for the ever-changing dynamics among farming
practices, technologies, and agribusiness structure, while preserving the integrity of
individualized farm ownership and management.
D.
Development, major or minor Subdivision, Family Farm Division, Resubdivision or
Recorc
Family Farm Division. Lots that are part of a Historic Townsite. Planned Unit
Development. Major or Minor Subdivision, Rural Land Division, Resubdivision, or
Family Farm Division shall not be divided by a Family Farm Division.
E. The Family Farm Division shall adhere to Chapters 22 and 23 of the Weld County
Code and to the General Provisions and Conformance Standards per Chapter 24,
Articles I and II of the Weld County Code, as amended.
F. The Board of County Commissioners hereby determines that the Family Farm
Division process is not within the purposes of Article 28 of Title 30, C.R.S. Pursuant
to Subsection 30-28-101(10)(d), C.R.S., and, therefore, is exempt from the
definition of subdivision or subdivided land and from following the subdivision
procedures and requirements set forth in this Chapter. However, the land divisions
shall follow the procedures and requirements set forth in this Article.
Sec. 24-7-20. Standards.
A. The Family Farm Division (FFD) is a land division process used to divide a parcel
into two (2) separate lots and is subject to the following criteria:
1. The property to be divided by the proposed Family Farm Division shall be
comprised of a legal lot.
2. At least one of the family members operating the active family farm or ranch
3. The minimum parcel size of the land to be divided shall be:
RESOLUTION ORDINANCE 2023-01
PAGE 3
a. Seventy (70) acres or greater;
b. A half quarter section;
c. Or less than seventy (70) acres under the same ownership of the
seventy (70) acres. Entire parcels must be included in the acreage
seventy (70) acres are not included in the calculation for eligibility.
d. Approved Recorded Exemption lots that are greater than seventy (70)
acres.
/I. All lots of the Family Farm Division shalt not be less than one (1) acre in size if
water well.
5. The lot created by the Family Farm Division shall not be greater than seven (7)
acres in size.
6. All lots included in the Family Farm Division application that are less than
thirty five (35) acres shall remain less than thirty five (35) acres with
configuration unchanged:
7
wastewater treatment system (OWTS) or public sewer.
Parcels previously divided by a Family Farm Division are not eligible for an
additional Family Farm Division.
shall be submitted.
is along the Weld
11. The Family Farm Division may only be permitted in the A (Agricultural) Zone
District included in Chapter 23, Article III, Division I of the Weld County Code,
as amended.
12. Family Farm Division lot lines may be amended utilizing the Lot Line
The Family Farm Division (FFD) is a land division process used to divide a parcel
into two (2) separate lots and is subject to the following criteria:
A. The property to be divided by the proposed Family Farm Division shall be comprised
of one (1) legal lot.
B. The Family Farm Division shall only be permitted in the A (Agricultural) Zone District.
C. The larger lot shall not be less than thirty-five (35) acres net.
D. The smaller lot shall not be greater than ten (10) acres net.
RESOLUTION ORDINANCE 2023-01
PAGE 4
E. The smaller lot shall not be less than one (1) acre net if served by public water or two
and one-half (2.5) acres net if served by a water well.
F. Each lot shall be served by a separate on -site wastewater treatment system (OWTS)
or public sewer.
G. Access shall meet all safety criteria as outlined in Chapter 8, Article XIV of the Weld
County Code.. as amended. When feasible, access between the Family Farm Division
lots should be shared to minimize conflict points along the publicly maintained
roadway. If a shared access is proposed. a separate recorded access and utility
easement agreement addressing maintenance shall be submitted.
Sec. 24-7-30. Submittal requirements.
A complete Family Farm Division application shall be submitted electronically to the
Department of Planning Services and shall include the following:
A Application Form.
B. Authorization Form, if applicable.
C. Family Farm Affidavit which attests that the Family Farm Division is for the
benefit of the family members or farm employees related to the operation of the
on -site. active family farm or ranch er consideration or
the contiguous property contains the family farm residential improvements.
[No changes to remainder of section.]
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