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Home My WebLink About20121896.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-4 was introduced on first reading on July 23, 2012, and a public hearing and second reading was held on August 13, and continued to September 5, 2012. A public hearing and final reading was completed on September 24, 2012, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2012-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE EFFECTIVE DATE: October 15, 2012 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 12, 2012 PUBLISHED: October 17, 2012, in the Greeley Tribune Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1 Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general • circulation and printed and published in the City of Greeley, in said county and state: that the notice or advertisement, of which the annexed is a true copy, NOTICE OF has been published in said daily newspaper for FINAL READING OF ORDINANCE consecutive (days): that the notice was published in Pursuant to the Weld County Home Rule Charter,Ordinance I the regular and entire issue of every number of said Number 2012-4 was introduced on first reading on July 23,2012, and a public hearing and second feeding was held on August 13, newspapei i during the period and time of and continued to September 5,2012. A public hearing and final p p` reading was completed on September 24,2012,with no change publication of said notice, and m the newspaper being made to the text of said Ordinance,and on motion duly made and seconded,was adopted. Effective date of said Ordi- proper and not in a supplement thereof; that the nance is listed below. Any backup material,exhibits or informa- tion previously submitted to the Board of County Commissioners first publication of said notice was contained in the concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners,located within the Weld Seventeenth - day of October A.D. 2012 County Adminisn tration hours Building,8:0, a 50m.0a Street,p.m.,ey,Monday day and the last publication thereof: in the issue of said ihr redo, or may beaccessetlthoughthe OWeld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individ- newspaper bearing the date of the ual Commissioner may not be included in the case file. To en- Seventeenth day of October A D. 2012 • sure inclusion of your E-Mail correspondence into the case file, — ------ pleasesendacopytoegeaick@co.weld.co.us. that said The Greeley Tribune has been published • • ORDINANCE NO. 2012-4 continuously and uninterruptedly daring the period. • ORDINANCE TITLE: IN THE MATTER OF REPEALING AND of at least six months next prior 1O the first issue REENACTING,WITH AMENDMENTS,CHAPTER 20 IMPACT 23BUILDING CHAPTER 24 SUBD THE thereof contained said notice or advertisement AND CHAPTER NS,O COUNTY CODE above referred to; that said newspaper has been EFFECTIVE DATE October 15,2012 admitted to the United States mails cs second-class BOARD OF COUNTY COMMISSIONERS matter under the provisions et the act of March WELD COUNTY,COLORADO 3;1879, or any amendments thereof; and chat raid DATED: October 5,2012 newspaper is a daily.newspaper duty qualified for The Tribune publishing legal notices and advertisements within October 17.2012 the meaning of the laws of the State of Colorado. October 17, 2012 Total Charges: $8.70 17th day of October, 2012 My Commission Expires 2/14/2015 --=CilAx" u-r= Notary Public NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-4 was introduced on first reading on July 23, 2012, and a public hearing and second reading was held on August 13, 2012, and continued to September 5, 2012, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld Count Administration Building, 1150 O Street, Greeley, Colorado 80631, on September 24, 2012. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2012-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, CHAPTER 23 ZONING, CHAPTER 24 SUBDIVISIONS, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE DATE OF NEXT READING: September 24, 2012, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 7, 2012 PUBLISHED: September 12, 2012, in the Fort Lupton Press CHANGES MADE TO CODE ORDINANCE #2012-4 ON SECOND READING Amend Sec. 20-1-70.D to read as follows, delete paragraph E and reletter subsequent items: D. Any development associated with emergency services such as fire, police, or ambulance stations owned or operated by municipalities, fire districts organized pursuant to Section 32-1- 1002, C.R.S., or ambulance districts organized pursuant to Section 32-1-1007, C.R.S. Amend Sec. 23-1-90. Definitions, to read as follows, and amend Table 23-1A related to same: }(A)- / `� LIVESTOCK: Cattle, bison, mules, burros, llamas, ostriches, elk, horses, swine, sheep, goats, poultry, yaks, camels and rabbits. Amend Sec. 23-1-90. Definitions, to read as follows: RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings: c. COMMERCIAL RECREATIONAL FACILITIES: Includes bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes constructed specifically for the purpose of conducting a water skiing commercial enterprise, and operated on a commercial basis for USE by the paying public. Delete proposed revisions to Sec. 23-2-285, regarding Minor Amendments. Amend Sec. 23-3-20. Uses allowed by right, to read as follows: O. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction project or the completion of a PUBLIC road improvements project. 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. Amend Sec. 23-3-40. Uses by special review, to read as follows: C.8. COMMERCIAL RECREATIONAL FACILITIES. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial)Zone District, to read as follows: B.12. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction project or the completion of a PUBLIC road improvements project. 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. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District, to read as follows: B.8. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction project or the completion of a PUBLIC road improvements project. 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. Amend Sec. 23-3-310. I-1 (Industrial)Zone District, to read as follows: B.10. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction project or the completion of a PUBLIC road improvements project. 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. D.10. Oil and Gas Support and Service. Amend Sec. 23-3-320. 1-2 (Industrial)Zone District, to read as follows: B.10. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction project or the completion of a PUBLIC road improvements project. 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. B.14. Oil and Gas Support and Service Amend Sec. 23-3-330. 1-3 (Industrial)Zone District, to read as follows: B.12. Asphalt or concrete batch plant used temporarily and exclusively for an on-site construction project or the completion of a PUBLIC road improvements project. 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. Amend Sec. 24-8-40.P to read as follows: P. After August 3, 2010, the largest Lot of any recorded exemption may not be less than thirty-five (35) acres Net. Amend Sec. 29-3-20. Exemptions. B.18.b. The party seeking the exemption shall submit, to the Department of Planning Services, evidence of insurance that will protect the party seeking the exemption, owners of lands adjacent to, and immediately downstream from, the property where the tank is to be located, and the County from claims for bodily injury, death or property damage, which may arise from the excavation, installation, construction, and/or operation of the tank. Weld County must be named as an "Additional Named Insured" upon said insurance policies. Vell. co`° cK`5'5 aEt H SSv3£wmyEo`vo5_vi 2 - --o Em E._a>.,2 a `Eo o umv2 E. .o = Tiy F❑'"o a0 m w w-°1m v`"- 5mmom. °-bOk m` -op N _m vcomflo N` XLL. vm° °E E Nao"O m Z PROOF OF PUBLICATION a,H a .0v r,mcm —[ m°E cc '° °° ate[ rv° -=DE”-0 Nae o aL`m me°W3a7 -=o>.. FORT LUPTON PRESS T e �a= y moa>2 UO 0- O2> N y°m F 22E.aOgm [ STATE OF COLORADO ON 0md�E ,; o,E- o°owoE�-%:2I COUNTY OF WELD SS. `3 '" °- ° a�" ° Eamoa v0m` duo -0020m 00[vo 00 =on wE wm`ma°i°m 020 .- Er; n2 0c` °8`30 Eo aoo0 Ew 7v a2ox En- corn Qom mdO.Jm Q„ L3Ez Qw mE0'vav�.9Pu on I, Christopher L. Harrop, do solemnly swear that I am the Managing Editor of the Fort Lupton Press that the same >n ow o v o oaa>L 00 N a Na -- >E m 0 m t is a weekly newspaper andpublished in the County a at v °oa of aE `°a°B oa E-aE t R printed ME° p;° EMEO 00 EMEO=a' of Weld, State of Colorado, and has a general circulation °x°v - o° 0 x0 x="_c o g 2_ v t a .„ ,,,.- ➢�`-r'"a.-o°vo a o --,xa'=.0°100 c therein; that said newspaper has been published w `�E�- ax,Dtw=_2t2 , P, 0, DELL v�d% U Hr°nm0E „1" 0�0a HHammoE no mm`°_ahHn0mm continuously and uninterruptedly in said county of Weld for Lg m. E ND ms y9� o o �;0 "AA "�L"2E a period of more than fifty-two consecutive weeks prior to _ogE, ,w 00_22 8° 0 "w gmv,"6 rEt-2m c the first publication of the annexed legal notice or y v d ,,,N g o¢b v,�a dN 2 g o ao° a advertisement; that said newspaper has been admitted to oE� nEsaE`-O4th - "A3 sswac 2. T°-E� the United States mails as second-class matter under the E v v: i o oa o 8 o°E E ° a o <S °a—°S E E°tea ° provisions of the act of March 3, 1879, or any amendments ' E o 36 <=A m c o E E ,ogm oN E c. m a�°E E)0o m m thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and rg,-2—tr°L ;,q Q `= o�s�ss.2t_ v2 roE� n"OEOQon w w U UN EOQE-J>.m °0 QUO advertisements within the meaning of the laws of the State s;n°Ell E t w m _ 2-7, ), Ecc E 0 a�, 0 of Colorado. That the annexed legal notice or g, m=a„w w w o " 2w 6 0 m --'=°a o 8-OP 7 x �ti co 2r 013 n��m2 y-, " oq3 7c0,_„,`- ,2002,', z ,- advertisement was published in the regular and entire a 9Ng„E �" ° ; NE_ t'SEa n<-8-'29222 oEE �'s= "�Ea issue of every number of said weekly newspaper for the b ' w °° M �° "'"° E g,.. -u=ao -u M Q N O ooum� a0so NE" period of ONE consecutive insertion(s); and that the o aE x-€E> Na a a "ay °a,°aE x`E E a ry oa °;0 first publication of said notice was in the issue of o Na.i= yA o y=: o o➢,a E, N°v Eo°2 newspaper, dated 12th day of SEPTEMBER 2012, and sE.0 Ec,, °=Paononn — " a 2 aE� E=T 0go „° aE„a the last on the 12th day of SEPTEMBER 2012 a-ca,gEB°R,a d"o ling as 2,45°Ro at° aao8 /J OzooEE▪vzzo8m <o2 UK -C mo EEEVECGEm° c c mz`m5 G/ mm` oar P. - ,: �n v—o) w EOoo o0 a Managing Editor, Subscribed and sworn fore me, m U o 0 m �o ca* o 0 3 0 ,202›,;,0° = ; this 12th day ofSEPTE BER2012 o000L,0 7 E .a = moo oonGv 0: o pnac— a -. W co= r—fl m�cya o _ mm°-c Uom rungog. Er020m u rd w 6 0 E ouO1a� .L^� y3 4.1.14: ' �C/1( =v ,.N- mEvo=o_= o,o mo o-2 G °oE Wa3I"°c°�a n .2 Etinamo.`_ T3v =, am ,,n w 7u�m0F E av ow Notary Public. a Eam, - .OOL m rv0-• UEo ND Z"o 0 - j,0YN1t 2.2E NO a0,N OLCNia ° o,< Ym.≤N o2 °3r Wmjo,Oj,C=, 2"g, do • 0°0Eo�c rp U• O- E ul� 10, 2wv coa°J nvN, E a-- . Q>E0 -cc°°i`-°'°:p �vm Na°� cn �3°'c OJd°°1 ao+ma °'rvc cm �) WEw01 Uea 22w.- 10 O°oo 'JO Nm w d E O'C 5Em°E= Eoq J`oT E° w_ o c.E`mv v r • o co,-..mno <2/2 a 42 a�,EE uam°)o5mo 0w< Qa O°)O m OOLT oo jwo wO ,T) ? O 00 ° o�O w Evm628 _ ,w aOw wa O OQ N� • Um 2,i- My Commission Expires : 02/02/2014 o;�gti33v�na„ ; =z�aj:A !2 Fa Naw °a ou `o EDr o'E-c cc6 a 3Gzwp' > F1° ^E° Y -, ,a°mo'm▪momcmd � ODU.aaa0z w am8 nna 0; Cn mom>.LL=To 2Nm3 Z _..0.4705,,,,A=mH Zp Otto: °E,ma f# Hv z'- Z ° _manm=-70 w waaza Z z w m voovv�.°v'^Oo.o U UOZwrzWZJ U-7 O0 mbw U °m. N�E2uw 00Vw76 Z Z, wOaZ �w OE ❑�O pnLL OA aN - NL ,vr,E .i '" �mZ�OmOw wv ado v _Z Em mo0m'00 • m O � OwNmmw Fn cow fmr Q❑Q °-' a[n5nno°sEcwcw O Oaa(w(NH ❑m m°V' ❑1j 001 Qw O ➢" - O Na a0)O tO t)U ,O v EAS E-c La - o.i m`° nmE-°° �� = ."va gc w _ w=N._La0O c,f vwmotdvc'-m , C oaoNaolmn�,L`v-Uy cOmb5L6 m�o._av� Z UO_—''mQooba£m'm�O��cO,nrv=oo�EaaOc=c• O v wo0ac=oa o.c3m(DoEooco.00Eoos',EmoY_E Uw �C a N2 =(—)==ncu3.co U :nE—twm["a-20 o;EvoE uQ 0eow°E—°°�mr-'c mmm mmo.mox`oo 1pocSo6>00 oz UK o0o_aoim(dE-v U0°"KQ`m gmo`o= oo��a-Eoc PO va E.meNo_-2-`cm°°="2 cu3v-oac:fi-EEwv'o Ou EoE�am-N"a m1°.-0-00 woN-wmonnomEc 20 axZoM22amnmo72E-FA25tvSEE.Et'a70Eo`o WELD COUNTY CODE ORDINANCE 2012-4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, CHAPTER 23 ZONING, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 20 IMPACT FEES Amend Sec. 20-1-50. Definitions. Grange hall means a structure, located in a rural location, whose primary use is to provide a meeting location for agricultural advocacy groups. Institutional/quasi-public means a governmental, quasi-public or institutional use or a nonprofit recreational use not located in a shopping center. Typical uses include elementary, secondary or higher educational establishments, day care centers, hospitals, mental institutions, nursing homes, assisted living facilities, city halls, county court houses, post offices, jails, libraries, museums, places of religious worship, military bases, airports, bus stations, fraternal lodges, parks and playgrounds. Amend Sec. 20-1-70. Exemptions. The following shall be exempt from the terms of this Chapter. An exemption must be claimed by the fee payer at the time of issuance of a building permit. The Director shall determine the validity of any claim for exemption. A thru C - No change. D. Any development associated with tax-payer supported emergency services such as fire, police, or ambulance stations. 07O/o2-i nee, E. The replacement of an existing dwelling for which the applicant/owner can provide adequate documentation that the dwelling has been occupied continuously for the immediate previous six (6) months. F. Grange hall. CHAPTER 23 ZONING Amend Sec. 23-1-90. Definitions. RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings: a.PUBLIC RECREATIONAL FACILITIES: PUBLIC parks, zoos, swimming pools, golf courses and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation. b.PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts, swimming pools, country clubs and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. c.COMMERCIAL RECREATIONAL FACILITIES: Includes bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes upon which water skiing occurs, and operated on a commercial basis for USE by the paying public. d.WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat, and personal water craft. Amend Sec. 23-2-285. Minor amendments. A. Minor amendments to any approved Use by Special Review and Site Specific Development Plan may be approved, approved with conditions, or denied administratively by the Planning Services Director and may be authorized without additional public hearings. Such minor amendments may be authorized by the Planning Services Director as long as the development application, as amended, continues to comply with these standards and regulations, at least to the extent of its original compliance. The Planning Services Director's approval must be in writing. The decision of the Planning Services Director may be appealed to the Board of Adjustment pursuant to Article VI of this Chapter. Alternatively, the Planning Services Director may refer applications for Minor Amendments to the Planning Commission and Board of County Commissioners for consideration and a final decision after a public hearing process pursuant to Subsection D of this Section 23-2-285. B. All applications will have finding of fact prepared by staff for a Minor Amendment and may require a preapplication meeting. Following submittal of a complete application, staff will mail via first class post card to neighbors within 500 feet of the property with a description of the proposed amendment. In addition, staff shall publish notice of the Minor Amendment application in a newspaper of general circulation describing the property and the proposed amendment. Neighbors will have thirty (30) days to respond. The fee for a minor amendment is listed in the fee schedule, as amended. The fee for a minor amendment is listed in the fee schedule, as amended. C - No change. D. The Planning Services Director may determine through the course of referral comments and public feedback that a Minor Amendment no longer meets the review criteria found above and can refer the application to the Planning Commission and the Board of County Commissioners for a public hearing on the matter.. The following will apply: 1. Sign Posting. The Department of Planning Services will be responsible for providing and posting a sign on the property under consideration in a location readily visible from the adjacent publically maintained roadways. The sign will be posted at least ten (10) days preceding the hearing date for the Planning Commission hearing. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of- way will be posted. The sign posting will be evidenced with a photograph and affidavit. 2. Property Owner Notification: The Department of Planning Services will be responsible for providing a surrounding property owners certification for properties listed within 500 feet of the subject property and sending out notification of hearing via first class mail at least 10 days preceding the hearing date before the Planning Commissioners hearing. 3. Notice of hearing shall be published in a paper of general circulation at least ten (10) days prior to a hearing. 4. Duties of Planning Commission: The Planning Commission shall hold a public hearing on Minor Amendment applications referred by the Planning Services Director. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Minor Amendment. The Planning Commission shall approve the request for the Minor Amendment only if it finds that the applicant has met the standards or conditions of Subsection C of this Section 23-2-285. At such hearing, the applicant has the burden of proof to demonstrate that the standards or conditions of Subsection C of this Section 23-2-285 are met. a. 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. b. 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 the submission of the items by the applicant to the Department of Planning Services. 5. Duties of Board of County Commissioners: The Board of County Commissioners shall set a date to hold a public hearing to take place not more than forty-five (45) days after receipt of the Planning Commission to consider the Minor Amendment application and to take final action thereon. At such hearing, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Minor Amendment only if it finds that the applicant has met the standards or conditions of Subsection C of this Section 23-2-285. At such hearing, the applicant has the burden of proof to demonstrate that the standards or conditions of Subsection C of this Section 23-2-285 are met. a. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Minor Amendment upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. b. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. c. If the Minor Amendment is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and Recorder. E thru G - No change. H. Investigation Fee. An additional fifty percent (50%) of the permit fee shall be added to the cost of the Minor Amendment Special Review permit application fee when the use is started without a Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Renumber subsequent paragraphs. CHAPTER 29 BUILDING REGULATIONS Amend Sec. 29-3-20. Exemptions. A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of any of the provisions of this Code, any laws of the State or other resolutions or ordinances of the County. Unless otherwise exempted by this Chapter, separate plumbing, electrical and mechanical permits will be required for the items listed below. B. A building permit shall not be required for: 1 thru 17 - No change. 18. Open top, above grade water storage tanks used in the oil and gas industry. For this exemption to take effect, the following requirements must be satisfied: a. The tanks shall be designed by a registered, professional engineer or other certifying body, approved by County, to be compatible with the use. b. The party seeking the exemption must enter into an agreement with the Board of County Commissioners. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2012-4 published above, was introduced and, on motion duly made and seconded, approved upon first reading on July 23, 2012. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on August 13, 2012. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: August 13, 2012, at 9:00 a.m. THIRD READING: September 5, 2012, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 27, 2012 PUBLISHED: August 1, 2012, in the Fort Lupton Press CODE ORDINANCE 2012-4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, CHAPTER 23 ZONING, AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority of administering the affairs of Weld County,Colorado, and WHEREAS, the Board of County Commissioners, on December 2 2000, adopted Weld County Code I Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,including the codification of all previously adopted ordinances ' of a general and permanent nature enacted on or before said date of adoption,and WHEREAS,the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 20 IMPACT FEES Amend Sec.20-1-50. Definitions. Grange hail means a structure, located in a rural location, whose primary use is to provide a meeting location for agricultural advocacy groups. Institutional/quasi-public means a governmental, quasi-public or institutional use or a nonprofit recreational use not located in a shopping center. Typical uses include elementary, secondary or higher educational establishments, day care centers, hospitals, mental institutions,nursing homes,assisted living facilities,city'halls,county court houses, post offices,jails, libraries, museums, places of religious worship,military bases,airports,bus stations,fraternal lodges,parks and playgrounds. Amend Sec. 20-1-70. Exemptions. The following shall be exempt from the terms of this Chapter. An exemption must be claimed by the fee payer at the time of issuance of a building permit.The Director shall determine the validity of any claim for exemption. A thru C-No change. D.Any development associated with tax-payet supported emergency services such as fire, police, or ambulance stations. E. The replacement of an existing dwelling for which the applicant/ owner can provide adequate documentation that the dwelling has been occupied continuously for the immediate previous six(6)months. F Grange hall. CHAPTER 23 ZONING Amend Sec.23-1-90.Definitions. RECREATIONAL FACILITIES: The following classes of recreational • facilities have the following meanings: a. PUBLIC RECREATIONAL FACILITIES: PUBLIC parks, zoos, swimming pools, golf courses and other such facilities owned or operated by government agencyor a nonp under the direction of rofit profit corporation. b. PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts, swimming pools, country clubs and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. c. COMMERCIAL RECREATIONAL FACILITIES: Includes bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes upon which water skiing occurs, and operated on a commercial basis for USE by the paying public. d. WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat, and personal water craft. Amend Sec. 23-2.285. Minor ■see LEGALS page 20 LEGALS D. The Planning Services Director applicant has met the standards or Section 23-2-285 are met of the State or other resolutions or unconstitutional or invalid. may determine through the course conditions of Subsection C of this ordinances of the County. Unless of referral comments and public Section 23-2-285. At such hearing, a. Where reasonable methods or otherwise exempted by this Chapter, NOTICE rr�� feedback that a MinorAmendment no the applicant has the burden of proof techniques are available to mitigate separate plumbing, electrical and from page 19 longer meets the review criteria found to demonstrate that the standards or any negative impacts which could mechanical permits will be required PURSUANT to the Weld County above and can refer the application conditions of Subsection C of this be generated by the proposed USE for the items listed below. Home Rule Charter, Ordinance to the Planning Commission and the Section 23-2-285 are met, upon the surrounding area, the Number 2012-4 published above, Board of County Commissioners for Board of County Commissioners B. A building permit shall not be was introduced and,on motion duly amendments. a public hearing on the matter. The a. The Secretary of the Planning may condition the decision to required for: made and seconded, approved following will apply: Commission shall forward the official- approve the Minor Amendment upon ' upon first reading on July 23, A. Minor amendments to any recommendation of the Planning implementation of such methods 1 thru 17-No change. 2012. A public hearing and second approved Use by Special Review 1.Sign Posting.The Department of commission and the information or techniques and may require reading is scheduled to be held and Site Specific Development Plan Planning Services will be responsible contained in the official record,which sufficient performance guarantees 18. Open top, above grade water in the Chambers of the Board, may be approved, approved with for providing and posting a sign on includes the Department of Planning to be posted with the COUNTY to storage tanks used in the oil and gas located within the Weld County conditions,or denied administratively the property under consideration Services case file,to the Clerk to the guarantee such implementation. industry. For this exemption to take Administration Building, 1150 O by the Planning Services Director in a location readily visible from Board within ten(10)days after said effect, the following requirements 11 Street,Greeley,Colorado 80631,on and may be authorized without the adjacent publically maintained recommendation has been made. b. Upon the Board of County must be satisfied' August 13,2012. All persons in any additional public hearings. Such roadways. The sign will be posted Commissioners making its final manner interested in the reading minor amendments may be at least ten (10) days preceding a. If the Planning decision, a resolution setting forth a.The tanks shall be designed by a I of said Ordinance are requested to authorized by the Planning Services I the hearing date for the Planning Commission ; that decision will be drafted and registered, professional engineer or 1 attend and may be heard. Please Director as long as the development I Commission hearing. In the event . recommendation is i signed.A record of such action and other certifying body, approved by ' contact the Clerk to the Board's application, as amended,continues the property under consideration is 1, conditional upon the I a copy of the resolution will be kept County, to be compatible with the office at phone (970) 336-7215, to comply with these standards and not adjacent to a publicly maintained applicant completing i in the files of the Clerk to the Board. use. Extension 4225, or fax (970) 352- regulations,at least to the extent of road right-of-way, a second sign certain specified items !. 0242,prior to the day of the hearing its original compliance.The Planning at the point at which the driveway prior to the publication i c. If the Minor Amendment is b.The party seeking the exemption i if, as the result of a disabilil , you Services Director's approval must (access drive) intersects a publicly of the notice for the approved, the Board of County must enter into an agreement with the require reasonable accommodations be in writing. The decision of the maintained road right-of-way will hearing by the Board of Commissioners shall arrange for the Board of County Commissioners. in order to participate in this hearing. Planning Services Director may be be posted.The sign posting will be County Commissioners, Department of Planning Services to Any backup material, exhibits or appealed to the Board of Adjustment evidenced with a photograph and the ten-day period shall record the Special Review Permit BE IT FURTHER ORDAINED by the information reviously submitted to pursuant to Article VI of this Chapter affidavit. commence upon the Plan map with the County Clerk and Board that the Clerk to the Board be, the Board of County Commissioners Alternatively, the Planning Services , submission of the items Recorder. and hereby is, directed to arrange concerning this matter may be Director may refer applications for 2. Property Owner Notification: by the applicant to the for Colorado Code Publishing to examined in the office of the Clerk to Minor Amendments to the Planning The Department of Planning Department of Planning E thru G-No change. supplement the Weld County Code the Board of County Commissioners, Commission and Board of County Services will be responsible for Services. I with the amendments contained located within the Weld County Commissionersfor consideration and providing a surrounding property H. Investigation Fee.An additional herein, to coincide with chapters, Administration Building, 1150 O a final decision after a public hearing owners certification for properties 5. Duties of Board of County fifty percent (50%) of the permit articles, divisions, sections, and Street, Greeley, Colorado, between process pursuant to Subsection D of listed within 500 feet of the subject Commissioners: The Board of I fee shall be added to the cost of sub sections as they currently exist the hours of 8:00 a.m. and 5:00 this Section 23-2-285. property and sending out notification County Commissioners shall set a 11 the Minor Amendment Special within said Code; and to resolve p.m., Monday thru Friday, or may of hearing via first class mail at least date to hold a public hearing to take i Review permit application fee when any inconsistencies regarding be accessed through the Weld 3.All applications will have finding 10 days preceding the hearing date place not more than forty-five (45) i the use is started Without a Minor capitalization, grammar, and County Web Page (www.co.weld. A fact prepared by staff for a Minor before the Planning Commissioners days after receipt of the Planning I Amendment Special Review permit. numbering or placement of chapters, co.us). E-Mail messages sent to amendment and may require a hearing. Commission to consider the Minor i The payment of the investigation fee articles,divisions,sections,and sub- an individual Commissioner may reapplication meeting. Following Amendment application and to take I shall not relieve any persons from sections in said Code, not be included in the case file. To submittal of a complete application, 3. Notice of hearing shall be final action thereon.At such hearing, fully complying with the requirements ensure inclusion of your E-Mail staff will mail via first class post card published in a paper of general the Board of County Commissioners of this Chapter, nor from any other BE IT FURTHER ORDAINED by correspondence into the case file, o neighbors within 500 feet of the circulation at least ten (10) days shall consider the recommendation penalties. the Board if any section,subsection, please send a copy to egesick@ property with a description of the prior to a hearing. of the Planning Commission, and paragraph, sentence, clause, or co.weld.co.us. proposed amendment. In addition, from the facts presented at the Renumber subsequent paragraphs. phrase of this Ordinance is for staff shall publish notice of the 4. Duties of Planning Commission: public hearing and the information any reason held or decided to be SECOND READING: August 13, Minor Amendment application in a The Planning Commission shall contained in the official record CHAPTER 29 unconstitutional,such decision shall 2012,at 9:00 a.m. newspaper of general circulation hold a public hearing on Minor which includes the Department of BUILDING REGULATIONS not affect the validity of the remaining THIRD READING: September 5, describing the property and the Amendment applications referred Planning Services case file, the portions hereof. The Board of 2012,at 9:00 a.m. proposed amendment. Neighbors , by the Planning Services Director. Board of County Commissioners Amend Sec. 29-3-20. County Commissioners hereby will have thirty(30)days to respond. The Planning Commission shall shall approve the request for the Exemptions. declares that it would have enacted BOARD OF COUNTY The fee for a minor amendment ' provide recommendations to the Minor Amendment only if it finds that I this Ordinance in each and every COMMISSIONERS is listed in the fee schedule, as i Board of County Commissioners the applicant has met the standards A. Exemptions from the permit section, subsection, paragraph, WELD COUNTY,COLORADO amended. The fee for a minor I concerning the disposition of the or conditions of Subsection C of this ' requirement of this Building Code sentence,clause,and phrase thereof amendment is listed in the fee ' requested Minor Amendment. Section 23-2-285. At such hearing, shall not be deemed to grant j irrespective of the fact that any one DATED: July 27,2012 schedule,as amended. I The Planning Commission shall the applicant has the burden of proof authorization for any work to be done or more sections, subsections, PUBLISHED: August 1,2012,in approve the request for the Minor to demonstrate that the standards or in any manner in violation of any of paragraphs, sentences, clauses, the Fort Lupton Press C-No change. Amendment only if it finds that the conditions of Subsection C of this the provisions of this Code,any laws I or phrases might be declared to be NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on August 13, 2012, and September 5, 2012. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET#: 2012-49 PLANNING COMMISSION DATE: July 3, 2012 TIME: 1:30 p.m. BOARD OF COMMISSIONERS DATE: July 23, 2012 TIME: 9:00 a.m. PLANNER: Tom Parko REQUEST: Weld County Code Ordinance#2012-4, In the Matter of Repealing and Re-Enacting, with Amendments, Chapter 20 Impact Fees, Chapter 23 Zoning and Chapter 24 Subdivisions, and Chapter 29 Building Regulations, of the Weld County Code. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: June 15, 2012 E-I IAELED/FAAED PUBLISHED: June 20, 2012, in the Ft. Lupton Press • b045/,2 KlE4,-, 2012-1896 PROOF OF PUBLICATION FORT LUPTON PRESS STATE OF COLORADO COUNTY OF WELD SS. I, Christopher L. Harrop, do solemnly swear that I am the Managing Editor of the Fort Lupton Press that the same is a weekly newspaper printed and published in the County or the Clerk to the Board=s Office, of Weld, State of Colorado, and has a circulation in writing,at least five days prior to general the heanng. The cost of engaging therein; that said newspaper has been publish-4 a Curt reporter shall becborene by continuously and uninterruptedly in said county of Weld NOTICE with the requesting party. with the sting art n Disabilities cora Pursuant to the zoning laws of the. Act, If spa ial accommodations are a period of more than fifty-two consecutive weeks prior state of Colorado and the Weld requied inorderforyou to participate the first publication of the annexed legal notice county Code, a public hearing will in this hearing+ please contact the 9 be held befoe the Weld County Department o Panning Se vices advertisement; that said newspaper has been admitted Planning Commission and the at(970)3538100 Ext.3519,or the Board of County Commissioners Clerk to the"Board's Ofice at(970) the United States mails as second-class matter under tin the Hearing Room,Weld County 336-7215,Ext.4226,prior to thedey provisions of the act of March 3, 1879, or any amendmer Administration Building, 1150 a of the hheriPfa All rases scheduledr Sheen Greoley, Colorado, e5 the before tng. ee manning Commission or thereof, and that said newspaper is a weekly news a times specified below. A Second Board of County commissioners are P K and Third reading of said Ordinance subject to continuance, due to lack duly qualified for publishing legal notices a will be considered on Aus7ust 13, ofquo umor otherwise: Contactthe 2012,end September 5,2012. Department of Planning Services advertisements within the meaning of the laws of the Sts The complete'case file mayy be or the Clerk to the Boa d=s Office examined by calling the Department - at the numbers above, for hearing of Colorado. That the annexed legal notice of Planning Services at(970)353 continuance info oration. advertisement was published in the regular and anti 6100 to make am at th ens with DOCKET#:201249 9 the case planner, ra at the off owe t f PLANNING COMMISSION DATE: issue of every number of said weekly newspaper for tithe Clerk to me Board of County July 3,2012 Commissioners, Weld County TIME: 1:30 COMMISSIONERS period of ONE consecutive insertion(s); and that tt Administration Building, 1150 O BOARD OF Street, Greeley, Colorado 80631. DATE:July 23,2012 first publication of said notice was in the issue E-Mailmessagessenttoan individual TIME: 9:00 a.m. newspaper, dated 20th day of JUNE 2012, and the last C Commissioner may not be included PLANNST:Tom Perko in the rase ale.To ensure inclusion REQUEST:Weld 4,I ntye Ma the 20th day O JUNE 2012 of your E-Mail correspondence into Ordinance 92012-4,In the Matter / the case file prior to the Planning of Repealing and Re-Enactingg Commission hearing please with Amendments,Chapter 20 !" call the Department of Planning Impact Fees,Chapter 23 Zoning Services to obtain the appropriate and Chapter 24 Subdivisions,and / contact information.For inclusion Chapter 9.Building Regulations,of cribe� s r OT of any correspondence prior to the Weld County Code. the Board of Commissioners- PLANNING COMMISSION m this 20th day JUNE 12 hearing E- all egesickpco.weld. WELD COUNTY,COLORADO 1diji co.us. DATED:June 15,2012 ,� r.� If a court reporter is desired for PUBLISHED:June 20,2012,in the /L`L 1/,� If a hearing, Please advise the FL Lupton Press Department of Planning Services Not ry Public. 1 -7/;\ / My Commission Expires : 02/02 , ?\-` i Hello