HomeMy WebLinkAbout20153104.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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 2015-20
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
be recommended favorably to the Board of County Commissioners for the following reasons:
Motion seconded by Benjamin Hansford.
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 September 15, 2015.
Dated the 15th of September, 2015.
y� Yt, Digitally Signed by :1 :Kristine 6 00em
Date:2015.09.21 10:17:22-06'00'
Kristine Ranslem
Secretary
2015-3104
Sec . 23 - 1 - 90 . - Definitions .
OVERLAY ZONING DISTRICT : A zoning district superimposed over the UNDERLYING ZONING
DISTRICT which places further restrictions upon land USES . These restrictions are intended to protect the
public health , safety and welfare from man- made and natural disasters such as airplane accidents , FLOODS
and GEOLOGIC HAZARDS . DEVELOPMENTS within the OVERLAY ZONING DISTRICT shall conform to the
requirements of both zones .
Sec . 23 -2- 150 . - Intent and applicability .
I . Any person filing an application for a site plan review shall comply with Article V and Article XI of this
Chapter if the proposal is located within any Overlay District Area or a Special Flood Hazard Area
identified by maps officially adopted by the COUNTY .
Sec . 23 -2-220 . - Duties of Planning Commission .
A . The Planning Commission shall hold a hearing to consider the application for the Special Review
Permit. The public hearing may involve either the Special Review Permit application alone or may include
the review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in
Article V of this Chapter and Floodplain Regulations in Article Xl of this Chapter. The Planning
Commission shall provide recommendations to the Board of County Commissioners concerning the
disposition of the requested Special Review Permit. The Planning Commission shall approve the request
for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this
Subsection A and Sections 23-2-240 and 23-2 -250 of this Division . The applicant has the burden of proof
to show that the standards and conditions of this Subsection A and Sections 23-2-240 and 23-2-250 are
met . The applicant shall demonstrate :
1 . That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision
or ordinance in effect.
2 . That the proposal is consistent with the intent of the district in which the USE is located .
3 . That the USES which would bepermitted will be compatible with the existing surrounding land USES .
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4 . That the USES which would be permitted will be compatible with future development of the
surrounding area as permitted by the existing zoning and with the future development as projected
by Chapter 22 of this Code or MASTER PLANS of affected municipalities .
5 . That the application complies with Articles V and Xl of this Chapter if the proposal is located within the
Overlay District Areas or a Special Flood Hazard Area identified by maps officially adopted by the
COUNTY .
6 . That if the USE is proposed to be located in the A (Agricultural ) Zone District , the applicant has
demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational
decision for the proposed USE .
7 . That there is adequate provision for the protection of the health , safety and welfare of the inhabitants
of the NEIGHBORHOOD and the COUNTY .
Sec . 23 - 2 -260 . - Application requirements .
A . The purpose of the application is to give the petitioner an opportunity to demonstrate through written
and graphic information how the proposal complies with the standards of this Chapter. The following
supporting documents shall be submitted as a part of the application except for those items determined
by the Director of Planning Services , in writing , or the Board of County Commissioners , on the record , to
be unnecessary to a decision on the application :
1 . A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other
applicable code provision or ordinance in effect .
2 . A statement which explains that the proposal is consistent with the intent of the district in which the
USE is located .
3 . A statement which explains that the USES which would be permitted will be compatible with the
existing surrounding land USES .
4 . A statement which explains that the USES which would be permitted will be compatible with the future
DEVELOPMENT of the surrounding area as permitted by the existing zone and with future
DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision
or ordinances in effect , or the adopted MASTER PLANS of affected municipalities .
5 . A statement which explains that the application complies with Article V and Article XI of this Chapter if
the proposal is located within any Overlay District Area or a Special Flood Hazard Area identified by
maps officially adopted by the COUNTY .
6 . A statement which explains that if the USE is proposed to be located in the A (Agricultural ) Zone
District , the applicant has demonstrated a diligent effort has been made to conserve prime
agricultural land in the locational decision for the proposed USE .
7 . A statement which explains that there is adequate provision for the protection of the health , safety and
welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY .
Sec . 23 -2-690 . - PUD District application requirements .
The following completed information , data and maps are required for a PUD Change of Zone District .
A . Written Documents .
13 . If the proposed change of zone is located within a SPECIAL FLOOD HAZARD AREA ,
identified by maps officially adopted by the COUNTY , the applicant shall submit information
which either documents how the COUNTY supplementary regulations concerning floodplains
have been satisfied or documents how the applicant intends to meet the requirements of the
County supp ementary regu ations concerning FLOODPLA NS Article 23 of this Chapter.
Sec . 23 -2 - 770 . - Duties of Planning Commission .
The Planning Commission shall hold a public hearing to consider a PUD Plan application . The Planning
Commission shall provide recommendations to the Board of County Commissioners concerning the disposition
of the requested PUD Plan . Such recommendations shall be made within sixty (60) days of the initial hearing
date . The Planning Commission shall recommend approval of the request for the PUD Plan only if it finds that
the applicant has met the applicable requirements or conditions of this Section and Sections 23-2-730 , 23-2-
740 and 23-2-750 of this Chapter. The applicant has the burden of proof to show that the standards and
conditions of this Section and Sections 23-2-730 , 23-2-740 and 23-2-750 of this Chapter are met . The
applicant shall demonstrate :
A . The proposal is consistent with Chapter 22 of this Code and any other applicable code provision or
ordinance in effect .
B . The PUD Plan conforms to the PUD District in which it is proposed to be located .
C . The USES , BUILDINGS and STRUCTURES which would be permitted shall be compatible with the
existing or future DEVELOPMENT of the surrounding area as permitted by the existing zoning , and
with the future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable
code provision or ordinance in effect , or MASTER PLANS of affected municipalities .
D . There has been conformance with the Performance Standards outlined in Section 23-3-420 of this
Chapter.
E . There will be compliance with Article V and Article XI of this Chapter if the proposal is located within
any Overlay District area or a Special Flood Hazard Area identified by maps officially adopted by the
County .
F . There has been compliance with the submittal requirements of the PUD Plan , and the PUD Plat and
the supporting documents satisfy the legitimate concerns of the Planning Commission .
G . 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 .
H . If the Planning Commission ' s 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 , then the ten-day period shall commence upon submission of the items by the
applicant to the Department of Planning Services .
Sec . 23 - 11 -310 . - Definitions .
FLOODPROOF or FLOODPROOFING : Any combination of structural and nonstructural designs , changes
or adjustments to STRUCTURES , with the exception of steel rings surrounding oil and gas storage vessels,
which reduce or eliminate FLOOD damage to real estate , improved real property , water and sanitary sewer
facilities , and STRUCTURES and their contents .
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED : Chapter 23 , Article I and Article II
SECTION(S) PROPOSED TO BE MODIFIED : Sections 23 - 1 -80, 23 - 1 -90, 23 -2- 150, 23 -2 -220, 23 -2 -
770, and 23 -2 -690
RATIONALE FOR MODIFICATION : Staff is requesting that the sections of the Code that references
the floodplain regulations be updated to reflect Article XI and remove the floodplain from the overlay
section . These code changes are housekeeping items to clean up and clarify the Code .
PROPOSED MODIFICATION :
Sec. 23-2- 150. Intent and applicability.
I . Any person filing an application for a site plan review shall comply with Article V and Article XI
of this Chapter if the proposal is located within any Overlay District Area or a Special Flood Hazard Area
identified by maps officially adopted by the COUNTY .
Sec. 23-2-220. Duties of Planning Commission.
A . The Planning Commission shall hold a hearing to consider the application for the Special Review
Permit. The public hearing may involve either the Special Review Permit application alone or may include
the review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in
Article V of this Chapter and Floodplain Regulations in Article XI of this Chapter. The Planning
Commission shall provide recommendations to the Board of County Commissioners concerning the
disposition of the requested Special Review Permit. The Planning Commission shall approve the request
for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this
Subsection A and Sections 23 -2-240 and 23 -2 -250 of this Division . The applicant has the burden of proof
to show that the standards and conditions of this Subsection A and Sections 23 -2 -240 and 23 -2 -250 are met.
The applicant shall demonstrate :
Sec . 23 -2 -220 . A . 5 . That the application complies with Articles V and XI of this Chapter if the
proposal is located within the Overlay District Areas or a Special Flood Hazard Area identified by maps
officially adopted by the COUNTY .
Sec. 23-2-260. Application requirements.
A . 5 . A statement which explains that the application complies with Article V and Article XI of this
Chapter if the proposal is located within any Overlay District Area or a Special Flood Hazard Area
identified by maps officially adopted by the COUNTY .
Sec. 23-2-770. Duties of Planning Commission.
E . There will be compliance with Article V and Article XI of this Chapter if the proposal is located
within any Overlay District or a Special Flood Hazard Area identified by maps officially adopted by the
County .
Sec. 23- 1 -90. Definitions.
OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING ZONING
DISTRICT which places further restrictions upon land USES . These restrictions are intended to protect
the public health , safety and welfare from man -made and natural disasters such as airplane accidents;
FLOODS and GEOLOGIC HAZARDS . DEVELOPMENTS within the OVERLAY ZONING
DISTRICT shall conform to the requirements of both zones .
Sec. 23-2-690. PUD District application requirements.
A . 13 . If the proposed change of zone is located within a SPECIAL FLOOD HAZARD AREA, identified
by maps officially adopted by the COUNTY, the applicant shall submit information which either documents
how the COUNTY supplementary regulations concerning floodplains have been satisfied or documents
how the applicant intends to meet the requirements of Article 23 of this Chapter. the County supplementary
T
PROPOSED MODIFICATIONS
TO THE WELD COUNTY CODE (WCC)
CHAPTER TO BE MODIFIED : Chapter 23 , Article XI
SECTION(S) PROPOSED TO BE MODIFIED : Section 23 - 11 -310
RATIONALE FOR MODIFICATION :
The current code language does not prohibit the use of steel rings in the designated floodplain /
floodway . The proposed language prohibits the use of steel rings but still affords the owner /
applicant an opportunity to propose other structural and non-structural designs .
PROPOSED MODIFICATION :
The following is the code as currently adopted . . .
Section 23 - 11 -310
FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural
designs, changes or adjustments to STRUCTURES which reduce or eliminate FLOOD damage
to real estate, improved real property, water and sanitary sewer facilities, and STRUCTURES
and their contents .
Proposed change . . .
Section 23 - 11 -310
FLOODPROOF or FLOODPROOFING : Any combination of structural and nonstructural
designs, changes or adjustments to STRUCTURES , with the exception of steel rings surrounding
oil and gas storage vessels, which reduce or eliminate FLOOD damage to real estate, improved
real property, water and sanitary sewer facilities, and STRUCTURES and their contents . "
`fin `y 9-/5-ice
No: Bruce Johnson, Gene Stille.
Commissioner Stille said that because he has some familiarity with the water system around Carr, he
feels that compatibility with the land use citing Section 23-2-220.A.3 that area is over the top of a huge
non-tributary closed basin aquifer. He added that he is also concerned with the effluents to the Spring
Creek and Lone Tree Creek.
CASE NUMBER: ORDINANCE 2015-19
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
Michelle Martin, Planning Services, presented Ordinance 2015-19 and stated that this code change will
adopt the DFIRM maps as the basis for floodplain regulation for Weld County.
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 2015-19 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Benjamin Hansford, Seconded by Bruce
Johnson. Motion carried unanimously.
CASE NUMBER: ORDINANCE 2015-20
PRESENTED BY: MICHELLE-MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
Michelle Martin, Planning Services, presented Ordinance 2015-20, providing an outline of the proposed
code changes.
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 2015-20 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Benjamin
Hansford. Motion carried unanimously.
CASE NUMBER: ORDINANCE 2015-21
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD
COUNTY CODE
Michelle Martin, Planning Services, presented Ordinance 2015-21, providing a brief explanation on the
proposed code changes relating to cargo containers, landscape requirements for site plan reviews,
design standards regarding signs for Use by Special Review permits, and criteria for subdivision
exemptions.
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 2015-21 to the Board of County Commissioners along with the Planning
Commission's recommendation of approval, Moved by Michael Wailes, Seconded by Bruce Sparrow.
Motion carried unanimously.
CASE NUMBER: ORDINANCE 2015-22
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY
CODE
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