HomeMy WebLinkAbout20153918.tiff BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford , 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 : ORDINANCE 2015-25
PRESENTED BY: TOM PARKO
REQUEST : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST , OF THE WELD
COUNTY CODE
be recommended favorably to the Board of County Commissioners for the following reasons :
Motion seconded by Gene Stille .
VOTE :
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
Gene Stille
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 Commissioner' s 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 May 3 , 2016 .
Dated the 3rd of May , 2016
Digitally signed by Kristine Ranslem
4361456111--i19)Anatiimeu Date : 2016.05 .06 10 : 10:52 -06'00'
Kristine Ranslem
Secretary
2o / 539/ !
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED : Chapter 23
SECTION(S) PROPOSED TO BE MODIFIED : Sections : 23 - 1 -90, 23 -3 -40 . LL, 23 -3 -
110 . D . 11
23 -3 -210 . D . 12 , 23 -3 -220 . D . 10, 23 -3 -230 . D . 11 , 23 -3 -240 . D . 6, 23 -3 -310 . D . 11 , 23 -3 -320 . D . 18 , 23 -
3 -330 . D .20 and 23 -3 -430 . M and Division 6 .
RATIONALE FOR MODIFICATION :
This code change would require a Use by Special Review Permit for Water Pipelines.
PROPOSED MODIFICATION :
Section 23 - 1 -90
DOMESTIC WA TER : Both raw and treated water delivered for eventual drinking and related
residential purposes.
PIPELINE: A line of connected pipes that are used for carrying liquids and gases .
PIPELINE - DOMESTIC WATER : A PIPELINE sixteen ( 16) inches in diameter or larger and
appurtenant components thereof (such as valves or pump stations) designed for transporting
DOMESTIC WATER in such PIPELINE , and extending, to locations outside of Weld County,
excluding :
a. PIPELINES that transport or will transport DOMESTIC WATER to one or more
municipalities, the boundaries or populations of which were, on September 1 , 2016, located
primarily within the COUNTY.
b . PIPELINES owned or to be owned by one or more municipalities, the boundaries or
populations of which were, on September 1 , 2016, located primarily within the COUNTY,
which transport or will transport DOMESTIC WATER for use in an adjacent county
consistent with individual water tap or other agreements .
c . PIPELINES that are part of an irrigation ditch, canal, reservoir, or well system that
transport less than fifty percent (50%) of the system ' s total water as DOMESTIC WATER.
23 -3 -40 . LL-3 -40 . L L - PIPELINE - DOMESTIC WATER
23 -3 - 110 . D . 11 - PIPELINE - DOMESTIC WATER
23 -3 -210 . D . 12 - PIPELINE - DOMESTIC WATER
23 - 3 -220 . D . 10 - PIPELINE - DOMESTIC WATER
23 -3 -230 . D . 11 - PIPELINE - DOMESTIC WATER
23 -3 -240 . D . 6 - PIPELINE - DOMESTIC WATER
23 -3 -310 . D . 14- PIPELINE DOMESTIC WATER
23 -3 - 320 . D . 22 - PIPELINE — DOMESTIC WATER
23 - 3 -330 . D . 24 - PIPELINE — DOMESTIC WATER
23 -3 -430 . M - PIPELINE — DOMESTIC WATER
Division 6 — USE by Special Review Permits for PIPELINES
In Division 6 anywhere is states PIPELINES changes to say PIPELINES and PIPELINE -
DOMESTIC WA TER .
Sec . 23 - 1 -90 . - Definitions .
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in
this Section . The following specific words and phrases , when appearing in this Chapter in uppercase letters ,
shall have the meanings stated in this Section :
DOMESTIC WATER : Both raw and treated water delivered for eventual drinking and related
residential purposes .
PIPELINE: •
or other petroleum derivatives ten ( 10) inches in
° . A line of connected pipes that are used for
carrying liquids and gases .
PIPELINE — DOMESTIC WATER — Any PIPELINE sixteen ( 16) inches in diameter or larger and
appurtenant structures (such as valves or pump stations) designed for transporting DOMESTIC WATER in
such PIPELINE and extending to locations outside of Weld County , excluding :
a . PIPELINES that transport or will transport DOMESTIC WATER to one or more municipalities , the
boundaries or populations of which were , on September 1 , 2016 , located primarily within the
COUNTY .
b . PIPELINES owned or to be owned by one or more municipalities , the boundaries or populations of
which were , on September 1 , 2016 , located primarily within the COUNTY , which transport or will
transport DOMESTIC WATER for use in an adjacent county consistent with individual water tap or
other agreements .
Sec . 23 - 3 -40 . - Uses by special review .
The following BUILDINGS , STRUCTURES and USES may be constructed , occupied , operated and
maintained in the A (Agricultural ) Zone District upon approval of a permit in accordance with the requirements
and procedures set forth in Article II , Division 4 of this Chapter.
L L - PIPELINE — DOMESTIC WATER
Sec . 23 - 3 - 110 . - R- 1 ( Low- Density Residential ) Zone District .
D. 11 - PIPELINE — DOMESTIC WATER
Sec . 23 -3 -210 . - C - 1 (Neighborhood Commercial ) Zone District .
D . 12 - PIPELINE — DOMESTIC WATER
Sec . 23 -3 -220 . - C -2 (General Commercial ) Zone District .
D . 10 - PIPELINE - DOMESTIC WATER
Sec . 23 -3 -230 . - C -3 ( Business Commercial ) Zone District.
D . 11 - PIPELINE - DOMESTIC WATER
Sec . 23 -3 -240 . - C -4 ( Highway Commercial ) Zone District .
D . 6 - PIPELINE - DOMESTIC WATER
Sec . 23 -3 -310 . - I - 1 ( Industrial ) Zone District .
D . PIPELINE - DOMESTIC WATER
Sec . 23 -3 -320 . - I -2 ( Industrial ) Zone District .
a
D6 PIPELINE - DOMESTIC WATER
Sec . 23 -3 -330 . - I -3 ( Industrial ) Zone District .
De PIPELINE - DOMESTIC WATER
Sec . 23 -3 -430 . - Uses by special review.
M - PIPELINE - DOMESTIC WATER
Division 6 - Use by Special Review Permits for PIPELINES and PIPELINE - DOMESTIC
WATER
Sec . 23 -2-440 . - Applicability .
A . Uses by Special Review are USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore , Uses by
Special Review require additional consideration to ensure that they are established and operated in a
manner that is compatible with existing and planned land USES in the NEIGHBORHOOD . The additional
consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of
Performance , Design and Operations Standards listed both herein and for applicable USES from any
zone district , are designed to protect and promote the health , safety , convenience and general welfare of
the present and future residents of the COUNTY .
B . The Board of County Commissioners may approve the establishment of a Use by Special Review for
PIPELINES and PIPELINE — DOMESTIC WATER by granting a Use by Special Review Permit. All
requests for Use by Special Review Permit shall be reviewed by the Planning Commission . The Planning
Commission 's recommendation shall be forwarded to , and considered by , the Board of County
Commissioners .
C . Any person filing an application for a Use by Special Review Permit shall comply with the COUNTY
procedures and regulations as set forth herein . Any expansion or enlargement of a Use by Special
Review shall be treated as a new USE and shall require a new application under the provisions of this
Division .
D . Ordinary repairs and maintenance located within easements or rights-of-way of PIPELINES and
PIPELINE — DOMESTIC WATER approved pursuant to these regulations shall not be treated as a new
USE . Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use
by Special Review so long as such repairs and maintenance do not have the effect of expanding or
enlarging the USE .
E . Applications for Use by Special Review Permits shall be completed as set forth in Section 23-2-500 . The
complete application and application fees shall be submitted to the Department of Planning Services .
F . The applicant shall submit one ( 1 ) paper or electronic copy of the map for preliminary approval to the
Department of Planning Services . Upon approval of the paper copy , the applicant shall submit a Mylar
map , along with all other documentation required as Conditions of Approval . The Mylar map shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services . The
map shall be prepared in accordance with the requirements of Subsection 23-2-520 of this Article . The
Mylar map and additional requirements shall be recorded within one hundred twenty ( 120) days from the
date of the Board of County Commissioners Resolution . The applicant shall be responsible for paying the
recording fee . If a Use by Special Review ( USR) map has not been recorded within one hundred twenty
( 120) days from the date of the Board of County Commissioners Resolution , or within a date specified by
the Board of County Commissioners , the Board may require the landowner/applicant to appear before it
and present evidence substantiating that the Use by Special Review ( USR) has not been abandoned and
that the applicant possesses the willingness and ability to record the Use by Special Review ( USR) map .
The Board of County Commissioners may extend the date for recording the map . If the Board determines
that conditions supporting the original approval of the Use by Special Review ( USR) map cannot be met,
the Board may , after a public hearing , revoke the Use by Special Review ( USR) .
Sec . 23 -2-460 . - Prohibition of construction without permit.
No person may locate or construct a PIPELINE and PIPELINE — DOMESTIC WATER in the County
without first obtaining a Use by Special Review Permit pursuant to these regulations and no Building Permit for
a PIPELINE shall be approved without the applicant first obtaining approval of a Use by Special Review Permit
pursuant to these regulations .
Sec . 23 -2-470 . - Duties of department of planning services .
A . Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference
with the Department of Planning Services . The Department of Planning Services shall be responsible for
processing all applications for a PIPELINE and PIPELINE — DOMESTIC WATER in the unincorporated
area of the County . The Department shall also have the responsibility of ensuring that all application
submittal requirements are met prior to initiating any official action as listed below.
B . Upon determination that a submitted application is complete , the staff of the Department of Planning
Services shall :
1 . Refer the application to the following agencies , when applicable , for review and comment . The
agencies named shall respond within twenty-eight (28) days after the mailing of the application by
the COUNTY . The failure of any agency to respond within twenty-eight (28) days may be deemed to
be a favorable response to the Planning Commission . The reviews and comments solicited by the
COUNTY are intended to provide the COUNTY with information about the proposed Use by Special
Review. The Planning Commission and Board of County Commissioners may consider all such
reviews and comments and may solicit additional information if such information is deemed
necessary . The reviews and comments submitted by a referral agency are recommendations to the
COUNTY . The authority for making the decision to approve or deny the request for a Use by Special
Review Permit rests with the Board of County Commissioners .
a . The planning commission of any town or county whose boundaries are within three (3 ) miles of
the proposed site or if the proposed site is located within any town's comprehensive planning
area .
b . Department of Public Health and Environment .
c. Department of Public Works .
d . Colorado Geological Survey .
e . Colorado Department of Transportation .
f. U . S . Forest Service .
g . Any irrigation ditch company with facilities within the Right-of-Way or crossed by the PIPELINE
and PIPELINE — DOMESTIC WATER under consideration .
h . Utility companies with underground lines which might be affected by the DEVELOPMENT.
i . Special service districts which may provide service to the DEVELOPMENT.
j . State Engineer, Division of Water Resources .
k . Natural Resource Conservation Service .
I . Any other agencies or individuals whose review the Department of Planning Services deems
necessary .
2 . Prepare staff comments for use by the Planning Commission addressing all aspects of the
application , its conformance with Chapter 22 of this Code and any other applicable code provision or
ordinance in effect, adopted master plans of affected municipalities , sound land use planning
practices , comments received from agencies to which the proposal was referred and standards
contained in this Chapter.
3 . Set a Planning Commission hearing date . The Board of County Commissioners public hearing may
also be set and be given legal notice and posting , concurrent with setting of the Planning Commission
hearing date and in accordance with Section 23-2-470 . B . 5 or Section 23-2-470 . B . 6 .
4 . An applicant may conduct a Neighborhood Meeting with area landowners . Such meeting is not
required , but may be suggested by the Planning Services staff to encourage communication between
a land use applicant and the neighbors .
5 . For PIPELINE and PIPELINE — DOMESTIC WATER projects one ( 1 ) mile or less , notice of
application shall be given for surface property owners for five hundred ( 500) feet on either side of the
centerline of the proposed preferred alignment , and to interest holders (excluding mineral interests) in
any real property proposed to be physically disturbed or crossed by the activity or development which
is the subject of the application . Such notification shall be mailed , first-class , no less than ten ( 10)
days before the scheduled public hearing . Such notice is not required by state statute and is provided
as a courtesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant
in supplying such list, or the Department of Planning Services in sending such notice , shall not create
a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding
property owner to receive such notification .
6 . Applicants for a PIPELINE and PIPELINE — DOMESTIC WATER which is more than one ( 1 ) mile in
length shall advertise the hearing at least once in the newspaper designated by the Board of County
Commissioners for publication of notices a minimum of ten ( 10) days prior to the Planning
Commission hearing date . The advertisement shall contain a map displaying the proposed route ,
along with both the Planning Commission and the Board of County Commissioners hearing dates , a
description of the hearing , time , date and location .
7 . Prepare staff comments and recommendations for presentation at the Board of County
Commissioners hearing , addressing all aspects of the application , its conformance with this Chapter
and Chapter 22 of this Code and comments received from referral agencies .
Sec . 23 -2-480 . - Duties of planning commission .
A . The Planning Commission shall hold a hearing to consider the application for the Use by Special Review
Permit. The Planning Commission shall provide recommendations to the Board of County
Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning
Commission shall approve the request for the Use by Special Review Permit only if it finds that the
applicant has met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of the
Weld County Code . The applicant has the burden of proof to show that the standards and conditions of
Section 23-2-480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall
demonstrate :
1 . All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts
on agricultural USES and lands .
2 . The PIPELINE and PIPELINE — DOMESTIC WATER will not have an undue adverse effect on
existing and future development of the surrounding area , as set forth in applicable MASTER PLANS .
3 . The design of the proposed PIPELINE and PIPELINE — DOMESTIC WATER mitigates negative
impacts on the surrounding area to the greatest extent feasible .
4 . The site shall be maintained in such a manner so as to control soil erosion , dust and the growth of
NOXIOUS WEEDS .
5 . The applicant has agreed to implement any reasonable measures deemed necessary by the Board of
County Commissioners to ensure that the health , safety and welfare of the inhabitants of the
COUNTY will be protected , and to mitigate or minimize any potential adverse impacts from the
proposed PIPELINE and PIPELINE — DOMESTIC WATER .
6 . All reasonable alternatives to the proposal have been adequately assessed , and the proposed action
is consistent with the best interests of the people of the COUNTY and represents a balanced use of
resources in the affected area .
7 . The nature and location or expansion of the PIPELINE will not unreasonably interfere with any
significant wildlife habitat and will not unreasonably affect any endangered wildlife species , unique
natural resource , known historic landmark or archaeological site within the affected area .
8 . No adverse impact, from stormwater runoff, to the public rights-of-way and/or surrounding properties
as a result of the PIPELINE and PIPELINE — DOMESTIC WATER .
B . The Secretary of the Planning Commission shall forward the official recommendation of the Planning
Commission and the information contained in the official record , which includes the Department of
Planning Services case file , to the Clerk to the Board within ten ( 10) days after said recommendation has
been made .
C . If the Planning Commission recommendation is conditional upon the applicant completing certain
specified items prior to the publication of the notice for the hearing by the Board of County
Commissioners , the ten-day period shall commence upon submission of the items by the applicant to the
Department of Planning Services .
Sec . 23 -2-490 . - Duties of board of county commissioners .
The Use by Special Review Permit duties of the Board of County Commissioners for a PIPELINE and
PIPELINE — DOMESTIC WATER are limited according to the provisions of Section 30-28- 110 , C . R . S . , and the
Home Rule Charter.
Sec . 23 -2 - 500 . - Application for use by special review permit .
Any person seeking to locate and construct a PIPELINE and PIPELINE — DOMESTIC WATER in the
County shall apply for a Use by Special Review Permit on the forms provided by the Department of Planning
Services . The application forms shall be accompanied by the supporting documents required by these
regulations .
Sec . 23 -2- 510 . - Application requirements .
An adequate number of copies of the application for a Use by Special Review Permit shall be submitted
by the applicant to the Department of Planning Services . An application for a Use by Special Review Permit
shall contain the following information in such form as prescribed by the Department of Planning Services :
A. The applicant's name and telephone number.
B . Address of the applicant and general OFFICE .
C . Summary statement of the project , to include when applicable :
1 . Source , capacity , size , destination and type of facilities , support STRUCTURES , lines , etc. ,
involved .
2 . A detailed report shall be submitted which includes information on the following items :
a . A description of the PIPELINE and PIPELINE — DOMESTIC WATER .
b . A description of the preferred route or site and reasons for its selection .
c . Procedures to be employed in mitigating any adverse impacts of the proposed routes or
sites .
d . An outline of the planned construction , including startup and commissioning schedule , to
include the number of stages and timing of each .
e . Information of any public meeting conducted , to include the location , date , time,
attendance and method of advertising .
f. A description of the hazards, if any , of fire , explosion and other dangers to the health ,
safety and welfare of employees and the general PUBLIC .
g . A description of emergency procedures to be followed in case of a reported failure or
accident involving the proposed PIPELINE and PIPELINE — DOMESTIC WATER . Such
outline shall include actions , if any , required of PUBLIC officials , including fire and police
officials , and the names and telephone numbers of appropriate company officials to notify
if an accident or failure should occur.
h . A description of the method or procedures to be employed to avoid or minimize the
impacts on irrigated agricultural land .
i . A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code
and any other applicable code provision or ordinance in effect.
j . A Decommissioning Plan .
k. A description of any haul routes during construction , identifying the roads and bridges
involved and the weight of the loads .
I . Any other information determined to be necessary by the Department of Planning
Services or its authorized representative to ensure the protection of the health , safety and
welfare of the inhabitants of the COUNTY .
Sec . 23 -2- 520 . - Drawing requirements for PIPELINE and PIPELINE - DOMESTIC WATER
maps .
1 . Be submitted on a sheet twenty-four (24) inches by thirty-six ( 36) inches in size .
2 . Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning
Services .
3 . Include a vicinity map at a suitable scale ( 1 " = 2 , 000' minimum or as approved by the Department of
Planning Services) which displays the location of the route within the County and its relationship to towns ,
major water features and major transportation features .
4 . Include a detailed route map showing the approved route through the County . The approved route shall
be displayed on a 1 : 24 , 000 scale U . S . G . S . topographic quadrangle , or other approved topographic study
that may be more accurate . The map shall display the centerline of the approved route and all of the
features depicted on the U . S . G . S . topographic quadrangle within one ( 1 ) mile on each side of the
approved route . The base map shall be updated to include any significant man-made features within one-
half (0 . 5) mile on each side of the approved route .
5 . Legend .
6 . Development standards .
7 . The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE and PIPELINE —
DOMESTIC WATER owner's signature , Planning Commission , and the Board of County Commissioners
and the Clerk to the Board . The required content of the certificates is available from the Department of
Planning Services .
8 . Title , scale and north arrow.
9 . For each parcel that the PIPELINE and PIPELINE — DOMESTIC WATER crosses include : ( 1 ) Property
owner name ; (2 ) Parcel Number; (3) Quarter Section and Section , Township and Range ; and (4)
Reception Number for the Easement/Rights-of-Way .
Sec . 23 -2 - 530 . - Standards .
The Board of County Commissioners may approve an application for construction or expansion of a
PIPELINE and PIPELINE — DOMESTIC WATER only if all applicable requirements of this Division are met,
and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and
the following standards :
A . All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts
on agricultural USES and lands .
B . The PIPELINE and PIPELINE — DOMESTIC WATER will not have an undue adverse effect on
existing and future development of the surrounding area as set forth in applicable MASTER PLANS .
C . The design of the proposed PIPELINE and PIPELINE - DOMESTIC WATER mitigates negative
impacts on the surrounding area to the greatest extent feasible .
D . The site shall be maintained in such a manner so as to control soil erosion , dust and the growth of
NOXIOUS WEEDS .
E . The applicant has agreed to implement any reasonable measures deemed necessary by the Board of
County Commissioners to ensure that the health , safety and welfare of the inhabitants of the
COUNTY will be protected , and to mitigate or minimize any potential adverse impacts from the
proposed PIPELINE and PIPELINE — DOMESTIC WATER .
F . All reasonable alternatives to the proposal have been adequately assessed , and the proposed action
is consistent with the best interests of the people of the COUNTY and represents a balanced use of
resources in the affected area .
G . The nature and location or expansion of the PIPELINE and PIPELINE — DOMESTIC WATER will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species , unique natural resource , known historic landmark or archaeological site
within the affected area .
H . No adverse impact, from stormwater runoff, to the public rights-of-way and/or surrounding properties
as a result of the PIPELINE and PIPELINE — DOMESTIC WATER .
Sec . 23 -2- 540 . - Changes to use by special review permit .
Any approved Use by Special Review Permit for a PIPELINE and PIPELINE — DOMESTIC WATER shall
be limited to the items shown on the Use by Special Review Plan Map and governed by the DEVELOPMENT
STANDARDS . Major changes from the approved Use by Special Review Map or DEVELOPMENT
STANDARDS for the Use by Special Review Permit for a PIPELINE and PIPELINE - DOMESTIC WATER
shall require the approval of an amendment to the permit by the Planning Commission and approval by the
Board of County Commissioners before such changes from the map or DEVELOPMENT STANDARDS are
permitted . The Department of Planning Services is responsible for determining whether a major change exists .
Any other changes shall be filed with the Department of Planning Services with the approved Use by Special
Review Permit.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday , May 3 , 2016
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,
Jordan Jemiola , at 12 : 34 pm .
Roll Call .
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Gene Stille , Jordan Jemiola , Joyce Smock ,
Nick Berryman , Terry Cross .
Absent: Michael Wailes .
Also Present: Kim Ogle , Michelle Martin , and Tom Parko , Department of Planning Services ; Wayne
Howard , Department of Planning Services — Engineering Division ; Lauren Light , Department of Health ;
Janet Lundquist, Department of Public Works ; Bob Choate , County Attorney , and Kris Ranslem , Secretary .
Motion : Approve the April 19 , 2016 Weld County Planning Commission minutes , Moved by Bruce
Sparrow, Seconded by Joyce Smock . Motion passed unanimously .
CASE NUMBER : ORDINANCE 2015-25
PRESENTED BY : TOM PARKO
REQUEST : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST , OF THE WELD
COUNTY CODE
Tom Parko , Planning Services , presented Ordinance 2015-25 , and provided a brief explanation of the
proposed code changes relating to water transmission lines . He added that there have been stakeholder
meetings and discussions with the Board of County Commissioners since the initial code changes were
presented . As a result, the proposed code changes for water transmission lines will fall under Chapter 23
of the Weld County Code as a Use by Special Review, with exceptions for water districts or municipalities
within Weld County that supply domestic water to the public just outside the county .
Commissioner Stille asked why 16 inches was chosen as the limit . Mr. Parko said that domestic lines are
6 or 8 inches ; therefore they wanted to regulate the larger lines .
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
Jim Witwer, Attorney for the City of Greeley , 1900 Wazee Street Suite 303 , Denver, Colorado , stated that
the City of Greeley treats water that it delivers to its customers in Larimer County we well as Windsor,
Milliken and Evans . Therefore they were concerned with these code changes since some of these lines
run outside of Weld County .
Dan Brown , 1319 E Prospect Street, Ft . Collins , Colorado , stated that he is an attorney representing a
number of irrigation ditches . Mr. Brown said that irrigation companies were concerned that their projects
would get held up in this process . He believes the proposed changes serve the intent.
Motion : Forward Ordinance 2015-25 to the Board of County Commissioners along with the Planning
Commission ' s recommendation of approval , Moved by Benjamin Hansford , Seconded by Gene Stille .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 8 ) .
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow , Gene Stille , Jordan Jemiola , Joyce Smock , Nick
Berryman , Terry Cross .
Meeting adjourned at 3 : 35 pm .
Respectfully submitted ,
Digitally signed by Kristine Ranslem
61.bell taailartalkta Date : 2016 . 05 .06 14: 15 :44 -06 '00 '
Kristine Ranslem
Secretary
1
ATTENDANCE RECORD
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, ZipK 6 oc?- Ave t)t \t, 6 P"60 G f3ici e" rsr-4- &I-. • 4;ii.-Eil ‘ __LiCitis25-
S - + " -So. .5 Se ►me + Cc SOZt., --z
a.
4
1
r '
I
1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday , November 17 , 2015
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,
Jordan Jemiola , at 12 : 30 pm .
Roll Call .
Present: Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jordan Jemiola , Joyce Smock , Terry Cross .
Absent/Excused : Gene Stille, Michael Wailes , Nick Berryman .
Also Present: Kim Ogle , Chris Gathman , Diana Aungst, Michelle Martin , and Tom Parko , Department of
Planning Services ; Wayne Howard , and Jennifer Petrik , Department of Planning Services — Engineering
Division ; Lauren Light , Department of Health ; Bruce Barker, County Attorney , and Kris Ranslem ,
Secretary .
Motion : Approve the November 3 , 2015 Weld County Planning Commission minutes , Moved by Bruce
Johnson , Seconded by Bruce Sparrow. Motion passed unanimously .
CASE NUMBER : ORDINANCE 2015-25
PRESENTED BY : TOM PARKO
REQUEST : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS ,
CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST . OF THE WELD
COUNTY CODE
Tom Parko , Planning Services , requested this case be continued to the December 1 , 2015 Planning
Commission hearing . He added that they have scheduled a second stakeholder meeting with this
particular group on November 23 , 2015 .
Motion : Continue Ordinance 2015-25 to the December 1 , 2015 Planning Commission hearing , Moved by
Bruce Johnson , Seconded by Bruce Sparrow.
Vote : Motion carried by unanimous roll call vote (summary : Yes = 6 ) .
Yes : Benjamin Hansford , Bruce Johnson , Bruce Sparrow, Jordan Jemiola , Joyce Smock, Terry Cross .
Meeting adjourned at 5 : 12 pm .
Respectfully submitted ,
Digitally signed by Kristine Ranslem
41)\1461,t-
Date: 2015 . 1 1 .20 09: 10:32 -07 '00'
Kristine Ranslem
Secretary
1
2015-3918
EXHIBIT INVENTORY CONTROL SHEET
ORDINANCE 2015 -25
Exhibit Submitted By Description
A . Dan Haythorn Letter of Concern , Dated December 11 , 2015
Larimer & Weld Irrigation
Company , Inc by
Lynn Fagerberg ,
B . President Letter of Concern , Dated December 14 , 2015
C .
D .
E .
F .
G .
H .
I .
J .
K.
L .
M .
N .
O .
P .
Q .
R .
S .
T.
U .
V.
W.
2015-3918
Cheryl Hoffman
From : Jennifer Fuller
Sent: Friday , December 11 , 2015 8 : 56 AM
To : CTB
Subject : FW : 1041 43
a
pi -
Please add to ordinance file .
From : Dan Haythorn [ mailto : dhaythorn@hotmail . com ]
Sent : Friday, December 11, 2015 7 : 03 AM
To : Jennifer Fuller <jfuller@co . weld . co . us>
Subject : 1041
Dear Commissioners,
My name is Dan Haythorn and have met most of you at some point in time . I am a fifth generation farmer in Eaton,
farming ground that has been in my family since the late 1800 ' s . I am also a fifth generation board member of LWRC and
WRCC, which is where I was informed about your upcoming decision on chapter 21 ( 1041 ) proposed code language .
I would like to just quickly express my DEEP opposition to you as commissioners moving forward with this . Although I
don ' t fully understand the language, I can comprehend the main point . In particular, Section 21 -5 -20 paragraph 3 ( b ) and
Section 21 - 6-20 paragraph 4 .
Commissioners, this is very broad language and an overreach of government . There is a very complicated road ahead to
navigate when it comes to the future of water in our county and state . This will just complicate things further. I do not
like paths like " buy and dry, " but I do believe in free enterprise and will never oppose a water owner from selling his
water right to whomever he wants . It is his asset after all . Your language here would create all kinds of bureaucratic
hoops to jump through for months or maybe years . This is wrong and not what I would expect from Weld County . Please
consider your decision .
Respectfully,
Dan Haythorn
dhaythorn@hotmail . com < mailto : dhaythorn@hotmail . com >
970-302 -9101
1
Esther Gesick
From : Jennifer Fuller EXHIBIT
Sent : Monday , December 14 , 2015 4 : 47 PM
To : CTB
Subject : FW: 1041 Regulations Hearing Weld County a
Attachments : Ltr - 1041 Regs Weld Cty 2015 . pdf
41 - n- ,
Importance : High
Categories : Red Category
Clerks, please add to file .
Thanks .
From : Nelson , Kim [ mailto : knelson@eatonditch . com ]
Sent : Monday, December 14, 2015 4 : 05 PM
To : Mike Freeman < mfreeman@co . weld . co . us>; Icozad@weldgov . com ; Barbara Kirkmeyer
< bkirkmeyer@co . weld . co . us>; Steve Moreno < smoreno@co . weld . co . us>; Sean Conway < sconway@co . weld . co . us>
Cc : Jennifer Fuller <jfuller@co . weld . co . us>
Subject : 1041 Regulations Hearing Weld County
Importance : High
Weld County Commissioners ,
Please find attached a letter sent on behalf of the Larimer & Weld Irrigation system ' s companies regarding the
upcoming hearing for Weld County ' s § 1041 Regulations .
Thank you,
Kimberly Nelson
Larimer and Weld Irrigation Office
106 Elm Avenue
Eaton, CO 80615
Phone (970) 454- 3377
Fax (970) 454-0154
knelson@eatonditch .com
Privileged & Confidential : This communication, including attachments , is for the exclusive use of the addressee
and may containproprietary, confidential and/or privileged information. If you are not the intended recipient,
1
a
Irrigation Office
106 ELM AVENUE TELEPHONE 970-454-3377
EMAIL: info@eatonditch . com EATON , COLORADO 80615 FAX 970-454-0154
Larimer & Weld Irrigation Co. • Larimer & Weld Reservoir Co. • WRCC, Inc. • Owl Creek Supply & Irrigation Co.
Divide Canal & Reservoir Co. • Lucas Lateral Ditch Co. • Town Boyd Lateral Co. • For Far Lateral Co.
Gale Lateral Co. • Montgomery Lateral Co . • West Irrigation Co. • Decker Lateral Co. • Graham Lateral Co.
December 14, 2015
Via Email
Mike Freeman mfreeman@weldgo . om
Julie Cozad 1cozad@weldgov. com
Barbara Kirkmeyer bkirkmcyergweidgov. corn
Steve Moreno smoreno @weldgov . com
Sean Conway sconway@, eldgov. com
Weld County Commissioners
1150 O Street
Greeley, CO 80632
RE : § 1041 Regulations
Dear Commissioners :
The Larimer & Weld Irrigation system consists of a number of related ditch and reservoir
companies. The largest companies are the Larimer & Weld Irrigation Company ( "LWJC") ,
Larimer & Weld Reservoir Company ( "LWR.C") , and WRCC, Inc. (f/k/a Windsor Reservoir &
Canal Company, "WRCC") . These three major ditch and reservoir companies have approximately
600 shareholders . These companies store and deliver approximately 100, 000 acre feet of water
annually. Water is delivered to our shareholders for agricultural irrigation purposes. Larimer &
Weld shareholders have approximately 60, 000 irrigated acres under this system. Our major ditch
is the Larimer & Weld Canal, also referred to as the Eaton Ditch. The Eaton Ditch is approximately
60 miles long, running from its main head gate on the Poudre River in Northwest Fort Collins
through Larimer County and out into Weld County to Owl Creek.
The Boards of Directors of these ditch companies recently learned about Weld County' s proposed
1041 regulations. They have unanimously voted to strongly oppose the County ' s proposed 1041
regulations. The proposed 1041 regulations are overly broad and constitute a significant overreach
by Weld County government . A major source of concern are the provisions that state that the
proposed 1041 regulations apply to any parcel of three acres or larger in Weld County that is still
in irrigation. The proposed 1041 regulations constitute another layer of bureaucracy with many
obstacles which could require months to negotiate. We believe these proposed 1041 regulations
are totally unnecessary.
1
I
I j
{
This matter appears to be moving quickly through the County bureaucracy. At the very least, we
believe that the proposed 1041 regulations should be placed on "hold" to allow the general public
and those who would be most directly affected to have sufficient time to review and comment
further.
Thank you for your consideration .
Yours very truly,
Larimer & Weld Irrigation Company, Inc.
BY : Lynn Fagerberg, resid nt
cc: Jennifer Fuller, via email jfIil1crciicoweld. co . us
I
Hello