HomeMy WebLinkAbout20211303.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 4, 2021
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 12:30 pm.
Roll Call.
Present: Gene Stille, Tom Cope, Lonnie Ford, Elijah Hatch, Dwaine Barclay, Butch White, Troy Mellon.
Absent: Skip Holland, Sam Gluck.
Also Present: Angela Snyder and Tom Parko, Department of Planning Services; Bob Choate, County
Attorney, and Michelle Wall, Secretary.
Motion: Approve the April 20, 2021 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Gene Stille. Motion passed unanimously.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2021-08
TOM PARKO AND ANGELA SNYDER
IN THE MATTER OF REPEALING AND RENANCTING, WITH AMENDMENTS,
CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE
Tom Parko, Department of Planning Services, explained that throughout the year as the Planning staff
helps applicants with their cases, they sometimes come across Code that makes the process difficult. As
they come across issues, they take notes and later gather together to discuss and streamline the Code to
be more useful. Staff then presents their recommendations to the Planning Commission and the Board of
County Commissioners. Mr. Parko explained that staff is proposing Code to be changed to allow the largest
lot of a Recorded Exemption created after August 3, 2010, to be vacated or amended smaller to allow the
excepted portion to be divided into 35-arce tracts by deed.
Angela Snyder, Department of Planning Services, stated that Planning staff is asking for recommendation
of approval for Ordinance 2021-08 amending Chapter 24 Subdivisions, of the Weld County Code.
Ms. Snyder said that staff is recommending the standard "The Rural Land Division (RLD) shall be at least
one mile beyond a municipal boundary" be repealed. The nonurban requirement is that it be outside of a
mile from sewer, not from the municipal boundary.
Commissioner Cope said he has a problem with flag -pole annexations. Mr. Parko explained staff is trying
to take care of that issue by changing the RLD boundary from the town's sewer, not the municipal boundary.
Ms. Snyder explained staff is recommending removing the standard "The Lot Line Adjustment process does
not create additional lots and shall not be used to evade the County subdivision regulations." Instead
replace language with "Any parcel of land excluded through the Lot Line Adjustment process that is not
incorporated into an adjacent lot shall not be less than 35 acres net. She explained that the excepted
portion of the large lot of a Recorded Exemption could be split into 35 -acre tracts. Staff is proposing to add
a "partial" option to the Recorded Exemption/Subdivision Exemption plat vacation. It allows a lot greater
than 35 acres to be removed from an exemption plat.
Commissioner Gluck joined the hearing at 12:40 pm.
Ms. Snyder said the access and water need to be protected when creating a lot. Mr. Parko explained it is
a State requirement with the Division of Water Resources the lot has to be at least 35 acres in order to get
a full -use well.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
The Chair stated there were no audience members in today's hearing.
Motion: Recommend Adoption of Ordinance 2021-08, Moved by Troy Mellon, Seconded by Butch White.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
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2021-1303
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam
Gluck.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2021-09
TOM PARKO AND ANGELA SNYDER
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
Tom Parko, Department of Planning Services, said that staff is trying to achieve more efficiency and make
some processes easier.
Angela Snyder, Department of Planning Services, stated that Planning staff is asking for recommendation
of approval for Ordinance 2021-09 amending Chapter 23 Zoning, of the Weld County Code.
Ms. Snyder explained that the current Code definition for Agricultural Production refers to agricultural
support and service businesses, such as farm equipment sales, oil extraction, and elevator storage but not
to actual farming operations. This has caused some confusion in the agricultural sector. The common
definition for Agricultural Production is commercial farming.
Staff discussed the Auxiliary Quarter definition, which is often referred to as a mother-in-law suite. She
said an independent dwelling unit, such as a basement apartment, is part of the main dwelling and can
function as an independent unit. The Auxiliary Quarter has to share the same water and sewer services
used by the rest of the home. Staff is recommending removing the 2.5 acre lot requirement. She explained
the main house must be at least 1,600 sf, the Auxiliary Quarter has to be attached with a common roof and
foundation and the unit has to be 50 percent less in size than the main house.
Mr. Parko said that the current Code says that Auxiliary Quarters cannot be rented out. He explained that
is hard to enforce and with the current marketing conditions and housing, removing the restriction will
provide more flexibility and opportunities.
Commissioner Mellon asked staff if an Auxiliary Quarter shares the same address as the main house. Staff
replied that it does.
Commissioner Stille asked if by removing the 2.5 acres lot requirement, is there will no longer an acreage
requirement. Staff replied that there will not be a lot size requirement, but adequate water and septic are
required for the addition.
Ms. Snyder said staff is recommending removing Code that states that a lot within a Historic Townsite is a
legal lot. Staff would like to add language that any lot at least 35 acres in size and not part of a plat approved
by the County.
Staff explained that Oil and Gas Facility is defined in Chapter 21, Article V. Ms. Snyder said that the Oil
and Gas Department is in need of aligning existing definitions so they can prepare to make their Code
changes. She said this will allow the Oil and Gas Department to make Code changes without then requiring
the Planning Department to make those same changes in their Code sections.
Ms. Snyder discussed their proposed Code changes to Article II — Procedures and Permit. If a lot has an
approved and recorded Site Specific Development Plan and the zoning on the lot is changed to a zone
district for which the existing use requires a SPR, the Director of Planning may waive the SPR application
requirement if the existing use of the property is not changing or expanding.
Staff explained ZPAG and SPR as a USR. The uses allowed by zoning permit or SPR could be included
in USRs. Any use allowed by approval of a SPR may be permitted as a USR when applied for in conjunction
with a pending USR permit or minor amendment to an approved USR. Ms. Snyder explained this will
simplify complicated site permitting with one Site Plan per property. This provision does not include items
requiring a WOGLA or a LAP from the Oil and Gas Department.
Ms. Snyder said that the Clerk to the Board has requested changes to all administrative processes to
accurately reflect notice and recording requirements. Their changes can be found by referencing the
proposed Code changes.
Staff is recommending some miscellaneous updates in Article Ill — Zone Districts. They are updating to
match changes in the definition section, adding references to applicable code sections and adding
consistency with listing towers and miscellaneous recreation items where appropriate. Alphabetizing was
fixed in several areas as well.
Ms. Snyder stated that the "4% Rule" limits accessory buildings on lots in subdivisions and townsites. Lot
coverage rules are "bulk requirements" and staff suggests moving lot coverage rules to the Bulk
Requirements section. She said there is a fundamental issue with the 4% Rule. It only applies to accessory
structures and not to principal structures. This encourages evasion as people come up with creative
solutions to attach a barn or other outbuildings to the house to avoid have to apply for a USR. She said the
4% rule is meant to protect space/sunlight issues, and drainage, but it isn't working because it doesn't
pertain to principal dwellings. Staff suggest moving to a 50% maximum building footprint model that will be
more forgiving to owners in subdivisions in most situations but will also help curb the awkward evasion
tactics.
Staff is requesting that Nontransferable Zoning Permits are returned back into Code in Article IV, Zoning
Permits. Temporary or annual zoning permits do not transfer with ownership. Ms. Snyder explained that
extensions for temporary permits have to go before the Board of County Commissioners, and they are
recommending that the Director of Planning has that ability.
Ms. Snyder said that staff has found that 21 days is a sufficient time allotted for surrounding property owner
and referral agency responses on administratively approved zoning permits, so staff is recommending to
change the current notice period from 28 days to 21 days.
Staff referenced the Wind Generator Fall Zone. The size of the blades changes periodically. This creates
a problem with the listed setback rules. Adding the recommended fall zone easement provision similar to
what is used for telecommunication towers will provide a solution. Ms. Snyder said this will allow the
applicant to ask for permission from the adjacent landowners to go into the setback.
Ms. Snyder said staff is proposing that Code allow for the ability of stacked cargo containers, 3 high, in the
Industrial zones only, unless incorporated into a structure, such as a house or used as walls for a barn that
has been stamped by an engineer.
Commissioner Stille asked if the manufactured homes that are on a dairy would be transferrable if the dairy
was purchase from a new buyer. Staff replied if the property has a USR that includes the manufactured
homes, then it would transfer. If the dairy is a use by right and has manufactured homes on it, the property
owner will have to apply for extensions annually. Commissioner Stille asked what happens in the case of
an older trailer that will not meet Code. Staff replied that manufactured homes built prior to 1976, sometimes
referred to as "pre HUD", are no longer allowed in the County. Mr. Parko explained how manufactured
homes that are used for temporary Medical Hardship, are not transferrable.
Commissioner Ford commented that he feels the height of a wind generator should be measured to the tip
of the rotor blades for the fall zone. Mr. Parko explained how applicants decide to increase the size of the
blades. Once they increase the blade, the generator no longer meets setbacks. He explained the applicant
could request a fall zone easement with the property owner. Commissioner Ford said he would be more
worried about the blades coming lose then the tower falling over. He feels the Planning Commission should
consider the safety of the citizens by having fall zones.
Motion: Keep the original language in Section 23-4-450.C. "as measured to the top of the rotor blades".
Moved by Lonnie Ford, Seconded by Dwaine Barclay. Vote: Motion passed (summary: Yes = 6, No =
2, Abstain = 0).
Yes: Dwaine Barclay, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam Gluck.
No: Butch White, Elijah Hatch.
Motion: Amend Section 23-4-450.C. to read "All WIND GENERATORS shall be set back from property
lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of
the generator (as measured to the tip of the rotor blades) or within a recorded fall zone easement that is a
distance of at least one (1) times the height of the measured tip of the rotor blades. Moved by Tom Cope,
Seconded by Dwaine Barclay.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam
Gluck.
Ms. Snyder said that staff would like Second Single Family Dwelling permits to be in its own category
instead of combined with ZPAG permits. Second Family Dwellings do not require site plan maps and have
very few application requirements in comparison to most ZPAG applications.
Staff reviewed Article V — Overlay Districts. Ms. Snyder said the Historic Townsite section had spelling,
capitalization, and semantic updates only.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
The Chair stated there were no audience members in today's hearing.
Motion: Recommend Amended Adoption of Ordinance 2021-09, Moved by Tom Cope, Seconded by
Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam
Gluck.
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 1:45 pm.
Respectfully submitted,
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Michelle Wall
Secretary
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