HomeMy WebLinkAbout20230877.tiffMEMORANDUM
TO: WELD COUNTY PLANNING COMMISSION
FROM: JIM FLESHER, LONG-RANGE PLANNER
DATE: MARCH 7, 2023
RE: ORD2023-03, MISC. ZONING
This ordinance includes several revisions to Chapter 23, Zoning, of the County Code, the main one
being eliminating the building coverage limitations for the Agricultural and Estate zone districts. On
January 23, 2023, the Board of County Commissioners held a worksession with staff regarding the
building coverage bulk requirement in the Agricultural (Section 23-3-70.G) and Estate (Section 23-3-
440.F) zone districts and directed staff to draft an ordinance to eliminate them. The term "building
coverage" will no longer be used in Chapter 23, so the definition will be eliminated from Section 23-1-
90 as well.
This limitation on building coverage originally only applied to accessory buildings, not the principal
dwelling, and only applied to lots of less than 10 acres. It was first adopted in 1981 and we do not have
any written materials about its purpose, but it is presumed to be for aesthetics. Under the current
provisions, updated in 2021, the building coverage requirement does not apply outside of subdivisions
and historic townsites in the Agricultural zone, so most property in unincorporated Weld County will be
unaffected by this change. In historic townsites and older subdivisions like Aristocrat Ranchettes, there
have been many cases of properties exceeding the limitation, which now includes the principal building
as well
The code allows property owners to exceed the limitation if they are approved for a Use by Special
Review and the County has approved at least 16 USRs for this purpose, and denied none. However,
USRs and the criteria for approving them pertain to uses, whereas these cases involve a bulk
requirement limiting the percentage of a lot that may be covered with buildings, and if the purpose of
the limitation is for aesthetics, we have no design standards to evaluate the proposed building, so a
USR is not a good process for reviewing whether the limit should be exceeded, and staff supports
removing the limitation.
This ordinance also contains several minor changes to Chapter 23, including:
1. Adding a cross-reference to "building height" in the definition of "height" since those two terms
could be easily confused and "building" is also a defined term in Section 23-1-90.
2. Adding an exception to the provision in the definition of "recreation vehicle" that says they cannot
be used as a dwelling because we do have a process to obtain a permit for temporary use of an
RV as a dwelling during construction of a permanent residence.
3. Deleting "farm" from "farm machinery" in the definition of "vehicle service/repair establishment"
because the definition of "agricultural support and service" includes "farm equipment sales,
repair, and installation." Vehicle service/repair establishments are not allowed in the Agricultural
zone, whereas agricultural support and service is a use allowed by zoning permit (ZPAG).
4. Clarifying language in Section 23-4-190, Temporary accessory use as office, regarding not
requiring a zoning permit when the temporary structure is shown on a previously approved USR
ma
p.
5. Fixing a typo in 23-4-990, Home occupation permit requirements. Several places state the
review time for referral agencies is 21 days, but Subsection C.2 says 28 days.
Please see the attached ordinance for more details. Staff recommends adoption of the ordinance.
2023-0877
Page 1
Summary of the Weld County Planning Commission Meeting
Tuesday, March 7, 2023
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 1:33 pm.
Roll Call.
Present: Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael
Palizzi.
Absent: Shana Morgan.
Also Present: Kim Ogle, Diana Aungst, and Jim Flesher, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
Case Number:
Presented by:
Request:
Ordinance 2023-03
Jim Flesher/Tom Parko
In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning
of the Weld County Code (Miscellaneous Zoning).
Jim Flesher, Planning Services, presented Case Ordinance 2023-03 and provided a brief explanation on
the proposed code changes, specifically relating to the elimination of the building coverage requirements
from the Agricultural and Estate Zone Districts.
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 Ordinance 2023-03 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Sam Gluck, Seconded by Michael Wailes.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Butch White, Elijah Hatch, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland.
Meeting adjourned at 4:10 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
1
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by , 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 2023-03
Jim Flesher/Tom Parko
In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning
of the Weld County Code (Miscellaneous Zoning).
be recommended favorably to the Board of County Commissioners.
Motion seconded by .
VOTE:
For Passage
Against Passage Absent
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 March 7, 2023.
Dated the 7th of March, 2023
Kristine Ranslem
Secretary
CHAPTER 23 - ZONING
ARTICLE I - General Provisions
Sec. 23-1-90. - Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall
have the meanings stated in this Section:
BUILDING OVERAGE: The percentage of a LOT covered by BUILDINGS.
HEIGHT: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY
AIRPORT zones set forth in Division 1 of Article V of this Chapter, the datum shall be MEAN SEA LEVEL
elevation unless Dtherwise specified. See also BUILDING HEIGHT.
RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without
flexible, removable or collapsible walls and partitions, which is:
a. Built al a single chassis;
b. Four - undred (400) square feet or less when measured at the largest horizontal projection;
c. Desig led to be self-propelled or permanently towable by a light -duty truck; and
d. Not pr marily designed for USE as a permanent dwelling but instead as temporary living quarters
for recreational, CAMPING, travel or seasonal USE.
The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but
shall not include pickup trucks with camper shells that do not extend above the cab of the truck. A
RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY
FARMING USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY
ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT, except in association with a zoning
permit for TEMPORARY USE during construction of a permanent residence.
VEHICLE SERVICE/REPAIR ESTABLISHMENT: Any USE of property whereon vehicles such as
automobiles, mctorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTURED HOMES,
boats, farm mac- inery, construction equipment and other rolling stock are serviced and repaired, including
body work, weding and painting.
[All other defin tic ns remain unchanged]
ARTICLE III - Zone Districts
Division 1 - A (Agricultural) Zone District
Amend Sec. 23-3-60. - Uses by special review in subdivisions.
The followir g BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and
maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special
Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
[A - no charge]
_ BULL INGS exceeding the maxi -mum BUILDING COVERAGE.
[Reletter remaining subsections]
Amend Sec. 23-3-65. - Uses by special review in historic townsites.
The followir g BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and
maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a
Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division
4 of this Chapter.
[A and B — no change]
C. BUILDINGS exceeding the maximum BUILDING COVERAGE.
[Reletter remaining subsections]
Amend Sec. 23-3-70. - Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A
(Agricultural) Zone District is subject to the requirements contained in this Section.
[A through F - No change]
G. BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWN -SITES exceeding ten percent
(10%) shall be reviewed internally for compliance with the drainage regulations of this Code.
BUILDING COVERAGE in SUBDIVISIONS and HISTORIC TOWNSITES shah not exceed the
approved and constructed storrnwater management plan for the SUBDIVISION or HISTORIC
TOWNSITE that allows a specified coverage in excess of the following:
1. Forty percent (40%) on LOTS six thousand square feet or less (s. 6,000 SF).
2. Between ten percent (10%) and forty percent (40%) on LOTS greater than six thousand
square feet (> 6,000 SF) up to one acre (s. 1.0 ac) according to the following formula:
Maximum BUILD \G COVERAGE - (-0.149 x n(LOT acreage)) + 0.1.
0
Division 5 - E (Estate) Zone District
Amend Sec. 23-3-430. - Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and
maintained in the E Zone District upon approval of a permit in accordance with the requirements and
procedures set forth in Article II, Division 4 of this Chapter.
[A — No change:
B. BUILDINGS exceeding the maximum BUILDING COVERAGE.
[Reletter remaining subsections]
Sec. 23-3-440. - Bulk requirements.
The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS,
STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section:
[A through E — No change]
Maximum BUILDIN-G COVERAGE without an approved Use by Special Review or without an
approved and constructed stormwater management plan for the SUBDIVISION that allows a
specified coverage: 10%.
._F. Maximum BUILDING HEIGHT: forty (40) feet.
HG. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8) ANIMAL UNITS
per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD
PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species.
Minimum GROSS FLOOR AREA of SINGLE-FAMILY DWELLING: one thousand two hundred
(1,200) square feet.
J. Reserved. (See Section 23-3-420.)
Reserved. (See Section 23-3-420.)
[Reletter remaining subsections]
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 3 - Manufactured Homes, Manufactured Structures, and Occupied
Recreational Vehicles
Sec. 23-4-190. - Temporary accessory use as office.
A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone
District as an OFFICE USE ACCESSORY to the USE allowed by right may be permitted upon a
determination by the Department of Planning Services that:
1. The MANUFACTURED STRUCTURE is necessary for the effective and economic operation of
the priicipal USE.
2 The MANUFACTURED STRUCTURE will not be used for residential purposes.
3 Adequate water and sewage disposal facilities can be made available to the MANUFACTURED
STF:U :TURE.
4. No reasonable alternative is available to the applicant for an OFFICE USE.
5 The applicant shall obtain a BUILDING permit for the MANUFACTURED STRUCTURE and
corrpk with all installation standards of Chapter 29 of this Code.
A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A (Agricultural) Zone
District if such in trmation is already reflected in an approved Special Use Permit, as determined by the
Planner STRU :TURE is already shown on an approved and recorded Use by Special Review map.
[Remainder of SE ction — No change]
Division 13 - -lome Occupation Permits
Sec. 23-4-990. - Home occupation permit requirements.
[A and B — no change]
C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME
OCCUPATI JN zoning permit.
1. Once 3 COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION, the
Depar ment of Planning Services shall refer the application to the applicable agencies listed in
Appendix 23-G, as determined by the Department of Planning Services. The failure of any
agenc"i to respond within twenty-one (21) days may be deemed a favorable response. All
REFERRAL agency review comments are considered recommendations to the COUNTY. The
author ty and responsibility for approval and denial of a zoning permit rests with the COUNTY.
2. The Department of Planning Services shall send notice, mailed first-class; to owners of LOTS
with n =ive hundred (500) feet of the subject property notifying them of the application and their
opportunity to object to the issuance of the zoning permit, which shall be submitted by returning
the sicned form sent by the Department of Planning Services within twenty eight (28) twenty-
one (21) days.
[Remainder of section — No change]
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