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Home My WebLink About20153107.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Michael Wailes, 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 2015-21 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 be recommended favorably to the Board of County Commissioners for the following reasons: Motion seconded by Bruce Sparrow. 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. Digitally signed by Kristine Ranslem Aii> t. Date:2015.09.21 10:15:54-06'00' Kristine Ranslem Secretary 2015-3107 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) f/ttelf CHAPTER TO BE MODIFIED : Chapter 23 , Article II — Use by Special Review SECTION(S) PROPOSED TO BE MODIFIED : Sections : 23 -2-240 RATIONALE FOR MODIFICATION : This code change would allow applicants to request a variance from the sign code with their USR application. PROPOSED MODIFICATION : Sec. 23-2-240.A Design Standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 12 . The placement of signs on the site shall comply with the requirements of Article IV, Division 2 and Appendixes 23 -C , 23 - D, and 23 -E of this Chapter, unless a waiver variances therefrom isare requested in the application and granted by the Board of County Commissioners as part of the Use by Special Review Permit. Offsite signs shall not be permitted through the USR permit process. a Sec . 23 - 1 -90 . - Definitions . CARGO CONTAINER : A receptacle with all of the following characteristics: a . Of a permanent character and accordingly strong enough to be suitable for repeated use , constructed of metal and being airtight and water-resistant . b . Specially designed to facilitate the carriage of goods , by one ( 1 ) or more modes of transport, one ( 1 ) of which shall be by vessels , without intermediate reloading . c. Fitted with devices permitting its ready handling , particularly its transfer from one ( 1 ) mode of transport to another. d . So designed to be easy to fill and empty . each zone district. fe . A railroad car of any type shall not be considered a CARGO CONTAINER . Sec . 23 -2- 160 . - Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services . The purpose of the application is to give the applicant 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 : M . Statements describing that the LANDSCAPE requirements listed below have been met: 1 . The lot shall adhere to the Maximum Lot Coverage requirements of the zone district in which it is located in , as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27 , if applicable . Land shall not be deemed covered if it is used for growing grass , shrubs, trees , plants or flowers or if it is otherwise suitably LANDSCAPED . 2 . That portion of a LOT in the zone district which abuts a public or private street right-of-way shall have a minimum fifteen ten-foot wide LANDSCAPE SETBACK , unless the LOT is governed by a more restrictive LANDSCAPE SETBACK contained in an overlay district, Chapter 26 of this Code or any other applicable County ordinance . The LANDSCAPE SETBACK is measured at a right angle from the existing or planned future right-of-way to any PARKING LOT, fencing , storage area or STRUCTURE . Sidewalks and driveways may pass through the required LANDSCAPE SETBACK. 3 . Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering PARKING LOTS from roadways . 4 . The applicant shall submit to the Department of Planning Services a detailed LANDSCAPE plan delineating the existing and proposed trees , shrubs , ground covers , natural features such as rock outcroppings and other LANDSCAPE elements. The plan shall show where LANDSCAPE exists or will be located , along with planting and construction details , species name and size . Where existing plantings are to be retained , the applicant shall include in the plan proposed methods of protecting the plantings during construction . 5 . The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site . Sec . 23 -2-240 . - Design standards . A . An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 12 . The placement of signs on the site shall comply with the requirements of Appendixes 23-C , 23-D , and 23-E of this Chapter, unless variances therefrom are requested in the application and granted by the Board of County Commissioners as part of the Use by Special Review Permit . Sec . 24- 8-30 . - Subdivision exemption . A. The subdivision exemption is intended for the following six (6) purposes : 1 . Division of a parcel of interest in a parcel which does not result in the creation of a new residential or permanent building site . When otherwise allowed by recorded exemption regulations , the subdivision exemption can be utilized in conjunction with a recorded exemption to separate one ( 1 ) additional existing habitable residence with accessory outbuildings from any of the recorded exemption parcels . A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1 , 2004 , is eligible for a one-time-only land exemption . A subdivision exemption lot in conjunction with a recorded exemption created after March 1 , 2004 , is not eligible for a future land exemption . The subdivision exemption must meet the following criteria : a . A minimum of two (2) habitable residential improvements are required . b . The residential use of the improvements must be continuous with any gap in use being less than one ( 1 ) year. c. The residential improvements must be continuously claimed and taxed as residences by the Assessor's Office . d . The subdivision exemption is the best alternative to dispose of existing improvements . e . No more than one ( 1 ) subdivision exemption for this purpose may be submitted with a recorded exemption application . f. The applicant is only eligible to apply for a subdivision exemption if it is the first recorded exemption done on the property on or after December 15 , 1992 , the inception date of the subdivision exemption . g . The residences were not originally constructed on separate legal lots . 2 . For adjustment of property lines between two (2) contiguous parcels . 3 . For the creation of lots for the purpose of financing . a . Lots created for the purpose of mortgaging a dwelling unit shall not result in the creation of a lot to be sold separately . Upon termination of the mortgage arrangement, the lot shall cease to exist. b. Foreclosure of the parcel created for financing purposes shall not create a separate legal parcel unless the process described in Section 24- 1 -40 , under Subdivision or subdivided land , has been followed . 4 . For the temporary non-permanent use of a parcel for public utility facilities . 5 . For the temporary non- permanent use of a parcel for oil and gas production facilities, oil and gas storage facility or oil and gas support and service facilities . Upon termination of the leasehold arrangement, the lot and access shall cease to exist. 6 . For the temporary non-permanent use of a parcel for Telecommunication Antenna Tower facilities . 7 . for the non- permanent use of a parcel for a mining operation . PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED : Chapter 23 , Article I — Definitions SECTION(S) PROPOSED TO BE MODIFIED : Sections : 23 - 1 -90 RATIONALE FOR MODIFICATION : This code change would eliminate a specific size because cargo containers come in a variety of sizes. PROPOSED MODIFICATION : Sec. 23- 1-90. • CARGO CONTAINER: A receptacle with all of the following characteristics : a. Of a permanent character and accordingly strong enough to be suitable for rQpeated use, constructed of metal and being airtight and water-resistant. b. Specially designed to facilitate the carriage of goods, by one ( 1 ) or more modes of transport, one ( 1 ) of which shall be by vessels, without intermediate reloading. c. Fitted with devices permitting its ready handling, particularly its transfer from one ( 1 ) mode of transport to another. d. So designed to be easy to fill and empty. • • .e. A railroad car of any type shall not be considered a CARGO CONTAINER. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED : Chapter 23 , Article II — Site Plan Review SECTION(S) PROPOSED TO BE MODIFIED : Sections : 23 -2- 160 RATIONALE FOR MODIFICATION: This code change would provide consistency between other sections of the code . PROPOSED MODIFICATION : Sec. 23-2- 160. Application requirements for site plan review. M . Statements describing that the LANDSCAPE requirements listed below have been met: 2 . That portion of a LOT in the zone district which abuts a public or private street right-of-way shall have a minimum tenfifteen-foot wide LANDSCAPE SETBACK, unless the LOT is governed by a more restrictive LANDSCAPE SETBACK contained in an overlay district, Chapter 26 of this Code or any other applicable County ordinance. The LANDSCAPE SETBACK is measured at a right angle from the existing or planned future right-of-way to any PARKING LOT, fencing, storage area or STRUCTURE. Sidewalks and driveways may pass through the required LANDSCAPE SETBACK. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED : Chapter 23 , Article II — Use by Special Review SECTION(S) PROPOSED TO BE MODIFIED : Sections : 23 -2-240 RATIONALE FOR MODIFICATION : This code change would allow applicants to request a variance from the sign code with their USR application. PROPOSED MODIFICATION : Sec. 23-2-240.A Design Standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 12 . The placement of signs on the site shall comply with the requirements of Appendixes 23 -C , 23 -D, and 23 -E of this Chapter, unless variances therefrom are requested in the application and granted by the Board of County Commissioners as part of the Use by Special Review Permit. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED : Chapter 24 , Article VIII SECTION(S) PROPOSED TO BE MODIFIED : Sections : 24-8-30 . A.4, 24-8-30 . A. 5 , 24- 8 - 30 .A. 6, and 24-8-30 .A. 7 RATIONALE FOR MODIFICATION : This code change would allow mining operations the ability to apply for a subdivision exemption and it changes the word temporary to non-permanent. PROPOSED MODIFICATION : Section 24- 8 -30 4 . For the temporary non-permanent use of a parcel for public utility facilities. 5 . For the temporary non-permanent use of a parcel for oil and gas production facilities, oil and gas storage facility or oil and gas support and service facilities. Upon termination of the leasehold arrangement, the lot and access shall cease to exist. 6 . For the temporary non-permanent use of a parcel for Telecommunication Antenna Tower facilities. 7. For the non-permanent use of a parcel for a mining operation 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: 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 9 Hello