HomeMy WebLinkAbout20151669.tiff BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola; 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 2015-7
PRESENTED BY: MICHELLE MARTIN
REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN AND CHAPTER
23 ZONING, OF THE WELD COUNTY CODE .
be recommended favorably to the Board of County Commissioners for the following reasons:
Motion seconded by Bruce Johnson .
VOTE:
For Passage Against Passage Absent
Benjamin Hansford
Bruce Johnson
Bruce Sparrow
Jason Maxey
Jordan Jemiola
Joyce Smock
Michael Wailes
Nick Berryman
Terry Cross
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 19. 2015.
Dated the 19th of May. 2015.
Digitally signed by Kristine Ranslem
4sdnL-- f � ,rI�C� wt, Date: 2015.05.22 08: 11 :56 -06'00'
Kristine Ranslem
Secretary
2015- 1669
Sec. 22-5- 160. Use of resources Coals and Policies.
A. UR.Goal 1 . Support and encourage the use of natural and other resources available
in the County by the residents of the County.
1 . UR.Policy 1 . 1 . Support the development of power-generating facilities in the County
that benefit the residents of the County and employ the resources extracted, developed or
available in the County. (Weld County Code Ordinance 2008-13)
2. UR.Policy 1 .2 In order to validate the recognition of a right to extract Minerals, the
statement listed below should be incorporated into all land use maps/plats and Homeowners'
Associations (HOA) documents.
RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT
Weld County has some of the most abundant mineral resources, including, but not limited to
sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes
minerals are vital resources because (a) the state's commercial mineral deposits are essential
to the state's economy; (b) the populous counties of the state face a critical shortage of such
deposits; and (c) such deposits should be extracted according to a rational plan, calculated to
avoid waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into
these areas must recognize the various impacts associated with this development. Often
times, mineral resource sites are fixed to their geographical and geophysical locations.
Moreover, these resources are protected property rights and mineral owners should be
afforded the opportunity to extract the mineral resource.
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:
OIL AND GAS PRODUCTION FACILITIES: Consist of the oil or gas wells, pumps, heater treaters,
separators, meters, compressors, TANK BATTERY and other equipment directly associated with the
producing wells, all of which must be connected and functional.
Sec. 23-3-30. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A
(Agricultural) Zone District so long as they are clearly incidental and ACCESSORY to the USES
allowed by right in the A (Agricultural) Zone District. Such BUILDINGS, STRUCTURES and
USES must be designed, constructed and operated in conformance with the bulk requirements
contained in Section 23-3-50 below. ACCESSORY USES within the A (Agricultural) Zone District
shall also be subject to additional requirements contained in Articles IV and V of this Chapter. Note:
The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August
25, 1981 on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed
prior to adoption of any regulations controlling subdivisions of less than ten ( 10) acres shall not
exceed four percent (4%) of the total LOT area, except in Regional Urbanization Areas, which shall
adhere to RUA development standards. However, in no case shall such an ACCESSORY
BUILDING exceed twice the GROSS FLOOR AREA of the primary residence on the LOT except by
variance. Any accessory structure made nonconforming by application of this Section may be
repaired, replaced or restored in total.
D. HOME OCCUPATIONS - CLASS I shall comply with Section 23-1 -90 and CLASS
II shall comply with Section 23- 1 -90 and Article IV, Division 123 of this Chapter.
E. OFFICE incidental to the operation of the Uses Allowed by Right as listed in Section
23-3-20 above.
F. MOBILE HOME subject to the additional requirements of Article IV, Division 3 of
this Chapter.
G. Roadside
s de stands when the pr
oducts offered for sale aregrown on the pr
emises.p emises. Such
stands shall be situated not less than fifty (50) feet from the PUBLIC right-of-way.
H. SIGNS, in conformance with the provisions of Article IV, Division 2 of this Chapter.
I. NONCOMMERCIAL JUNKYARD.
J. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the
operation of a Use Allowed by Right in the A (Agricultural) Zone District.
K. Cargo container as Accessory STRUCTURE. One (1 ) cargo container as an
accessory STRUCTURE in the A (Agricultural) Zone District may be allowed for storage of goods
inside the unit on lots in an approved or recorded subdivision plat, or LOTS which are part of a map
or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural)
Zone District. Two (2) cargo containers may be allowed on property of less than eighty (80) acres in
size, when not on a LOT in an approved or recorded subdivision or a LOT which is part of a map or
plan filed prior to adoption of any regulations controlling subdivisions. Up to five (5) cargo
containers may be allowed on property equal to or greater than eighty (80) acres in size. Additional
containers may be allowed on all lot sizes, as described in Subsection 23-3-40.AABB. A cargo
container used for storage, an office, a DWELLING or any habitable use shall require the issuance of
building permits. The following conditions shall apply:
Sec. 23-3-420. Accessory uses.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate)
Zone District so long as they are clearly incidental and accessory to the Uses Allowed by Right in
the E (Estate) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the bulk requirements contained in Section 23-3-
440 below. ACCESSORY USES within the E (Estate) Zone District are also subject to the
additional requirements contained in Articles IV and V of this Chapter.
D. HOME OCCUPATIONS - CLASS I shall comply with Section 23- 1 -90 and
CLASS II shall comply with Section 23- 1 -90 and Article IV, Division 123, of this Chapter.
Sec. 23-4-160. Temporary storage of mobile homes.
A zoning permit for the temporary storage of a MOBILE HOME, not including the storage of
goods inside the UNIT, , on a LOT in the A
(Agricultural) Zone District, may be issued by the Department of Planning Services subject to the
following provisions:
A. The applicant must obtain a building permit for a MOBILE HOME and cargo
, and must comply with all installation standards of
Chapter 29 of this Code applicable to MOBILE HOMES; provided, however, that no utility hookups
to the MOBILE HOME of any type, including septic systems, shall be allowed.
B. The MOBILE HOME may
not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person.
C. The applicant must demonstrate that no reasonable alternative exists to the temporary
storage of the MOBILE HOME on the land
involved.
D. Only one (1 ) zoning permit for temporary storage of a MOBILE HOME and cargo
may be issued per LEGAL LOT at any one ( 1 ) time.
E. The Department of Planning Services shall make its determination on the issuance of
a zoning permit for the temporary storage of a MOBILE HOME and cargo containers used as
accessory STRUCTURES on the basis of a signed statement by the applicant that the conditions of
Subsections A through D above are met, upon information contained in the permit application, and
upon such independent evidence as may be available or which the staff may reasonably require.
F. A zoning permit for temporary storage of a MOBILE HOME and cargo containers
shall be for a period of six (6) months, and is renewable for
additional six-month periods only by grant of the Board of County Commissioners.
G. The Board of County Commissioners shall hear the application for renewal of a
zoning permit for temporary storage of a MOBILE HOME
STRUCTURES at a regularly scheduled meeting of the Board. The Board of County
Commissioners shall give notice of the application for a zoning permit and the meeting date to those
persons listed in the application as owners of property located within five hundred (500) feet of the
parcel under consideration. Such notification shall be mailed, first-class, not less than ten ( 10) days
before the scheduled meeting. 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 permit process, even if such error results in the failure of a surrounding
property owner to receive such notification. The Department of Planning Services shall post a sign
for the applicant on the property in question indicating that a MOBILE HOME or cargo container
has been requested for the property, the meeting date and a telephone number where further
information may be obtained. The sign shall be posted at least ten ( 10) days prior to the meeting date
and evidenced with a photograph. The Board of County Commissioners shall consider any
testimony of surrounding property owners concerning the effects of the MOBILE HOME or cargo
container on surrounding property. The Board of County Commissioners shall also consider whether
the application has demonstrated compliance with the requirements of Subsections A through D
above, as well as compatibility of the MOBILE HOME or cargo container with the surrounding area,
harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the
general health, safety and welfare of the inhabitants of the area and the COUNTY. (Weld County
Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2002-9; Weld County Code
Ordinance 2003- 10; Weld County Code Ordinance 2006-2)
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/CONSTRUCTION TRAILER 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 principal 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 STRUCTURE.
4. No reasonable alternative is available to the applicant for an OFFICE
USE/CONSTRUCTION TRAILER.
5. The applicant must obtain a BUILDING permit for the MANUFACTURED
STRUCTURE and comply 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 information is already reflected in an approved Site Plan Review or Special Use Permit, as
determined by the Planner.
B. The Department of Planning Services shall make its determination on the basis of a
signed statement by the applicant that the conditions of Paragraphs A. 1 through A.5 above are met,
upon information contained in the application, and upon independent evidence as may be available
or which the staff may reasonably require.
C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory
OFFICE/CONSTRUCTION TRAILER unit in the A (Agricultural) Zone District may be issued by
the Department of Planning Services upon a determination that the criteria of Paragraphs A. 1
through A.5 above and Section 23-4-230 below are met. If the applicant is not able to meet the
criteria stated in Paragraphs A. 1 through A.5 above, the zoning permit may be issued only upon the
approval by the Board of County Commissioners. The Board shall review the application for
compliance with the criteria set out in Paragraphs A. 1 through A.5 above at a regularly scheduled
meeting of the Board. The Board of County Commissioners shall give notice of the application for a
zoning permit and the meeting date to those persons listed in the application as owners of property
located within five hundred (500) feet of the parcel under consideration. Such notification shall be
mailed, first-class, not less than ten ( 10) days before the scheduled meeting. 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 permit process, even if
such error results in the failure of a surrounding property owner to receive such notification. The
Department of Planning Services shall post a sign for the applicant on the property in question
indicating that a MANUFACTURED STRUCTURE has been requested for the property, the
meeting date and telephone number where further information may be obtained. The sign shall be
posted at least ten ( 10) days prior to the meeting date and evidenced with a photograph. The Board
of County Commissioners shall consider any testimony of surrounding property owners concerning
the effects of the MANUFACTURED STRUCTURE on the surrounding properties. In addition, the
Board shall consider compatibility of the MANUFACTURED STRUCTURE with the surrounding
area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and
the general health, safety and welfare of the inhabitants of the area and the COUNTY.
D. All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE
USES/CONSTRUCTION TRAILER to the principal USE in the A (Agricultural) Zone District are
TEMPORARY and subject to the requirements for MOBILE HOMES as stated in Article III,
Division 3, and Article III, Division 4 of this Chapter. The MANUFACTURED STRUCTURE shall
be removed from the property upon the cessation of the USE of the MANUFACTURED
STRUCTURE as an ACCESSORY OFFICE USE/CONSTRUCTION TRAILER to the business,
commercial or industrial activity. The six-month limitation for this TEMPORARY use may be
extended in six-month increments at the discretion of the Director of Planning Services up to two (2)
times, and thereafter by the Board of County Commissioners. (Weld County Codification Ordinance
2000-1 ; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003- 10 Weld
County Code Ordinance 2004-5; Weld County Code Ordinance 2012-3)
Sec. 23-4-220. Mobile homes in C or I Zone District.
A. A zoning permit for the USE of one ( 1 ) MOBILE HOME/MANUFACTURED
STRUCTURE may be permitted as an ACCESSORY USE to the principal USE in certain C
(Commercial) or I (Industrial) Zone Districts upon a determination by the Department of Planning
Services that:
1 . The MOBILE HOME/MANUFACTURED STRUCTURE is necessary for the
effective and economic operation of the business, COMMERCIAL or industrial activity.
2. The MOBILE HOME/MANUFACTURED STRUCTURE will not be used for
residential purposes other than for the purpose of the protection or control of the
principal USE.
3 . Adequate water and sewage disposal facilities are available to the MOBILE
HOME/MANUFACTURED STRUCTURE.
4. The applicant must obtain a BUILDING permit for the MOBILE HOME and comply
with the installation standards of Chapter 29 of this Code.
A zoning permit shall not be required for a MOBILE HOME/MANUFACTURED STRUCTURE in
the Commercial or Industrial Zone District if such information is already reflected in an approved Site Plan
Review or Special Use Permit, as determined by the Planner.
B. The Department of Planning Services shall make its determination on the basis of a
signed statement by the applicant that the requirements of Paragraphs A. 1 through A.4 above are
met, upon information contained in the application, and upon independent evidence as may be
available or which the staff may reasonably require.
C. A zoning permit for more than one ( 1 ) MOBILE HOME/MANUFACTURED
STRUCTURE in the C or I (Commercial or Industrial) Zone District as an ACCESSORY USE to the
principal USE may be issued by the Department of Planning Services upon a determination that the
criteria of Paragraphs A. 1 through A.4 above and Section 23-4-230 of this Division are met. If the
applicant is not able to meet the criteria stated in Section 23-4-230, the zoning permit may be issued
only upon the approval by the Board of County Commissioners. The Board shall review the
application for compliance with the criteria set out in Paragraphs A. 1 through A.4 above at a
regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of
the application for a zoning permit and the meeting date to those persons listed in the application as
owners of property located within five hundred (500) feet of the parcel under consideration. Such
notification shall be mailed, first-class, not less than ten ( 10) days before the scheduled meeting.
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
permit process, even if such error results in the failure of a surrounding property owner to receive
such notification. The Department of Planning Services shall post a sign for the applicant on the
property in question indicating that a MOBILE HOME/MANUFACTURED STRUCTURE has been
requested for the property, the meeting date and telephone number where further information may be
obtained. The sign shall be posted at least ten ( 10) days prior to the meeting date and evidenced with
a photograph. The Board shall consider any testimony of surrounding property owners concerning
the possible effects of the MOBILE HOME/MANUFACTURED STRUCTURE on surrounding
properties. In addition, the Board shall consider compatibility of the MOBILE
HOME/MANUFACTURED STRUCTURE with the surrounding area, harmony with the character
of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and
welfare of the inhabitants of the area and the COUNTY.
D. All MOBILE HOMES/MANUFACTURED STRUCTURES as ACCESSORY USES
to the principal USE in C or I Zone Districts are TEMPORARY and subject to the requirements for
MOBILE HOMES/MANUFACTURED STRUCTURES as stated in Article III, Division 3 and
Article III, Division 4 of this Chapter. The MOBILE HOME shall be removed from the property
upon the cessation of the USE of the MOBILE HOME/MANUFACTURED STRUCTURE as an
ACCESSORY USE to the business, commercial or industrial activity. The six-month limitation for
this TEMPORARY use may be extended in six-month increments at the discretion of the Director of
Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. (Weld
County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2002-9; Weld County Code
Ordinance 2003- 10; (Weld County Code Ordinance 2004-5; Weld County Code Ordinance 2009-8)
Sec. 23-4-700. Manufactured homes.
A MANUFACTURED HOME does not require the approval of a zoning permit, unless on a
temporary foundation. All structures meeting the definition of MOBILE HOME shall follow the
zoning permit requirements of Division 3 in this Article of this Chapter.
d.5M1/6 / C itiirn rES
Yes: Benjamin Hansford, Bruce Johnson . Bruce Sparrow Jason Maxey Jordan Jemiola. Joyce Smock.
Nick Berryman . Terry Cross.
CASE NUMBER: ORDINANCE 2015-7
PRESENTED BY: MICHELLE MARTIN
REQUEST IN THE MATTER OF REPEALING AND REENACTING , WITH
AMENDMENTS. CHAPTER 22 COMPREHENSIVE PLAN AND
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE .
Michelle Martin . Planning Services. presented Ordinance 2015-7 , providing a brief outline of the proposed
code changes
Ms Martin referred to Section 22-5-160 and stated that staff is requesting to add a new UR_ Policy1 2 that
states In order to validate the recognition of a right to extract Minerals . the statement listed below should
be incorporated into all land use plats and Homeowners' Associations ( HOA) documents.' Ms. Martin
stated that this is very similar in how we handle the Right to Farm statement on all plats recorded and
added that we are proposing to add a statement for the extraction of mineral resources.
Tom Parko. Planning Director. added that there are a lot of mineral resources in our County and thought
that maybe we should add a similar statement like the Right to Farm statement. This would let people
know that when they move out to the county that there is also the potential of an oil well. tank batteries or
a mining operation for gravel being adjacent to them Commissioner Sparrow agreed that this was a
good idea.
Commissioner Maxey noted that water is included in this statement to be placed on plats and added that
water isn't a mineral and is not extracted like minerals are Mr Parko agreed with that and stated it
should be removed
Additionally. Maxey noted the language that states . . . incorporated into all land use plats and
Homeowners' Association Documents- and referred to very last sentence in the last paragraph
"Moreover, these resources are protected property rights and owners should be afforded the opportunity
to extract the mineral resource" He asked if we could clarify that as we see people moving out from the
city who don't know a lot of details of mineral ownership and might say that they own this piece of
property and so they own the opportunity to extract the mineral resource He suggested adding
" Moreover. these resources are protected property rights and mineral owners should be afforded
Mr. Parko also suggested adding to UR Policy1 .2 to include "land use maps/plats" for clarification
Commissioner Maxey asked about how we can put language into HOA documents. Ms. Martin said that
we can suggest it that it be included in their documents when they are subdividing Brad Yatabe. County
Attorney. added that as part of the subdivision process the County Attorney's office and Department of
Planning Services require submission of covenances and then it is reviewed by staff and require that
certain statements be placed in those . such as the Right to Farm statement.
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 2015-7 along with the suggested amendments. to the Board of County
Commissioners along with the Planning Commission's recommendation of approval . Moved by Jordan
Jemiola . Seconded by Bruce Johnson .
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8) .
Yes: Benjamin Hansford . Bruce Johnson . Bruce Sparrow. Jason Maxey . Jordan Jemiola. Joyce Smock.
Nick Berryman , Terry Cross
CASE NUMBER : ORDINANCE 2015-8
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 2015-8 . briefly explaining the proposed changes
to antennas and towers Commissioner Jemiola asked if we could change the height requirement for a
2
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