HomeMy WebLinkAbout20202874.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 7, 2020
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 0 Street, Greeley, Colorado. This meeting was called to order by Chair
Michael Wailes at 12:30 pm.
Roll Call.
Present: Michael Wailes, Gene Stille, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland,
Dwaine Barclay.
Absent: Bruce Johnson.
Also Present: Tom Parko and Jim Flesher, Department of Planning Services; Lauren Light, Department of
Health; Bob Choate, County Attorney, and Michelle Wall, Secretary.
Motion: Approve the June 16, 2020 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Elijah Hatch. Motion passed unanimously.
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2020-11
TOM PARKO/JIM FLESHER
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE.
Jim Flesher, Planning Services, stated that Planning staff is asking for recommendation of approval for
Ordinance 2020-11 amending Chapter 23, Zoning.
Mr. Flesher stated he would be reviewing the proposed revision to the definition of "farming". He explained
farming is a use by right in the Agricultural zone district and an accessory use in the Estate zone district.
Farming is also allowed on undeveloped land in Residential, Commercial and Industrial zones. Mr. Flesher
said there was some discussion during the lunch meeting about the term "owner" and adding service
establishments regarding herbicides and pesticides.
Mr. Flesher explained the proposed revised definition of Agricultural Production. There is a new term
"Agricultural Support and Service" proposed in the revised definition for Agricultural Production. He
explained the changes to Article III, Chapter 23. Because the new definition of Ag Support and Service
includes the uses of grain, seed, feed, and fertilizer retail and wholesale sales, livestock salebarns, farm
equipment sales, repair and installation facilities, the same uses no longer have to be listed separately in
Article III.
Mr. Flesher said staff is proposing to update certain provisions under Division 17, Article IV, Chapter 23
which is the section of code that relates to ZPAG permits.
Mr. Flesher stated that Planning has had a couple work sessions with the Weld County Commissioners to
review the requested code changes.
Commissioner Stifle said that dairies produce a lot of manure and that sometimes they spray the liquid on
their land. Some dairies compost the fertilizer and either sell it to a commercial entity or individuals. He
wondered if this situation is covered under the new definition of code. Mr. Flesher answered that selling
manure produced by livestock owned by the owner of the property is listed under farming but that does not
include bringing in manure purchased from another facility. There is a separate definition for organic
fertilizer productions/composting facility which covers bringing in manure from various places.
Commissioner Cope referenced Sec. 23-4-1205, Item C. of Design Standards. He asked who is
determining if the soil conditions are limiting to the construction. Mr. Flesher explained that staff typically
uses the Natural Resources Conservation Service website to check if the soil is moderate or severe in
limitations for construction. If the soil had severe in limitations, staff would contact the applicant about it
and make it a condition of approval in their staff report. Mr. Flesher said the applicant would have to address
the issue before a ZPAG permit would be approved. He explained that with a USR, the applicant has to
submit a soils report. A ZPAG application does not require a soils report submittal.
egmer,L) eck-t-;ong
07/I5 /2.0
2020-2874
Commissioner Holland referenced the farming being allowed on undeveloped land in residential,
commercial and industrial zones. He wondered if the land was permitted with a PUD, and there was a big
area of open land, would farming be a use by right. Mr. Flesher responded that would depend on the PUD.
If Agricultural use is stated in the PUD, then it would be a use by right to farm that area of the property.
Commissioner Holland wondered if the applicant would need a ZPAG.
Tom Parko, Planning Services, referenced Chapter 27, PUDs. He explained that typically a developer will
plan out what land uses they want throughout the property. For example, the developer may want R-1
uses, Estate uses, Agriculture uses, and Commercial uses. Mr. Parko said if there is a designated area in
the PUD that is for Ag use, it could be farmed. He explained that a ZPAG would not be allowed in that area
for such things as a vet clinic or agri-tainment business.
Commissioner Holland said that he serves on another board where the topic of manure/sludge has been
discussed. He said in the past, pieces of Ag zoned properties were purchased for municipal wastewater
reclamation districts. He wondered if the use of manure would include the use of human sludge coming
from the wastewater treatment plants; or if any type of sludge would be allowed under the farming definition.
Mr. Parko explained that a wastewater treatment plant would be permitted by a municipality and the
Colorado Department of Health and Environment. Commissioner Stille commented that the Planning
Commission heard a case where a septic pumping organization wanted to distribute human waste on some
property. He said the organization could have met all the potential requirements, but the case was denied.
Mr. Stille explained it is typical for organizations like this to distribute the sludge/filtered human waste on
farm ground. Mr. Flesher said that biosolid disposal from wastewater treatment plants is only allowed
outside of subdivisions and town sites in the Ag zone and requires a permit from Environmental Health.
Domestic septage (which comes from septic tanks) would also require a permit from Environmental Health
outside of subdivisions and town sites. Mr. Flesher explained if an applicant was applying for domestic
septage disposal from septic tanks inside of a subdivision or town site, they would need to apply for a USR
permit.
Commissioner Beck said it would be helpful if terms such as ZPAG were defined so that anyone new to the
meeting understands. He asked staff to define ZPAG for the record. Mr. Flesher said a ZPAG is a zoning
permit for certain uses in the Ag zone.
The Chair asked if there was anyone in the audience who wished to speak for or against these proposed
code changes. No one wished to speak.
The Chair said there was discussion about definitions in Sec. 23-1-90 at the lunch work session prior to the
hearing. He asked for direction from Bob Choate, County Attorney.
Mr. Choate said based on the discussion at the work session, the group was discussing the definition of
Agricultural Support and Service. He said there are a couple of places in this definition as well as under
the Farming definition where stock grown by the owner of the property is mentioned. Mr. Choate said that
at the work session discussion, the group discussed the need to expand the term "owner" to include tenant
and operators. Mr. Choate spoke to Jim Flesher, Planning Department, and Mike Freeman, County
Commissioner, and the recommendation would be to change the definition under Agricultural Support and
Service, Item A, to read "crops and other plants not grown by the owner/operator of the property". He said
the recommendation would be to make the same change under Farming, Item B and Item E. Mr. Choate
said the other definition discussed was under Agricultural Support and Service, Item C, which reads "Grain,
seed, feed, and fertilizer retail and wholesale establishments" to read "Grain, seed, feed, fertilizer, herbicide,
and pesticide retail, wholesale, and service establishments".
Motion: Amend Chapter 23, Article I, Section 23-1-90, Agricultural Support and Service, Item A and
Farming, Item B and E to read "owner and/or operator". Moved by Gene Stille, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope,
Dwaine Barclay.
Motion: Amend Agricultural Support and Service, Item C to read "Grain, seed, feed, fertilizer, herbicide,
and pesticide retail, wholesale, and service establishments". Moved by Tom Cope, Seconded by Michael
Wailes.
Vote: Motion carried by unanimous rail call vote (summary: Yes = 8).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope,
Dwaine Barclay.
Motion: Recommend Adoption of the amendments to Ordinance 2020-11, as presented by Staff, Moved
by Gene Stille, Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope,
Dwaine Barclay.
The Chair thanked Planning staff for all their hard work on the code changes.
Commissioner Cope asked staff if they have made their recommendations to the Board of County
Commissioners on code changes for Chapter 24. He asked if the Planning Commission could get a copy
of the recommendations. Tom Parko said he could forward the work session appointment calendar for July
14, 2020, to the Planning Commission and said they are welcome to attend.
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 1:02 pm.
Respectfully submitted,
"1 ,ea Watt -
Michelle Wall
Secretary
Hello