The URL can be used to link to this page

Browse Search

Home My WebLink About20120783.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill Hall, 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 2012-3 REQUEST: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, A PORTION OF CHAPTER 5 REVENUE AND FINANCE, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE. PRESENTED BY: TOM PARKO be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1—That the existing text is in need of revision as proposed. The proposed changes are part of a semi-annual review of the County Code to respond to constituent input about the Code's provisions, to update it in relationship to other regulatory documents, and to maintain its overall functionality. Several of the items proposed for revision come from recommendations made by the public and landowners, or as the result of observations made by the County Commissioners, Planning Commission, or County Staff during the processing of land use cases. 2. Section 23-2-120.8.2 — That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.83-- That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. The proposed changes to the Code are designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more consistent with modern building and safety standards. Motion seconded by Robert Grand. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock 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 April 3, 2012. Dated the 3rd of April, 2012. Kristine Ranslem Secretary ,20/02—D7Y-3 ARTICLE I General Provisions Sec. 23-1-90. Definitions. CAMPING: A recreational activity involving the spending of up to seven (7) nights in a tent, primitive structure, a travel trailer or recreational vehicle at a campsite. FISHING: A recreational activity that involves the act, occupation, or sport of catching fish. HUNTING: A recreational activity or sport of pursuing game. 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 which fall within the definition of the word PUBLIC, as defined above. b. PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts, swimming pools, hunting lodges, 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 or organization of 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 and the like, operated on a commercial basis for USE by the paying PUBLIC. WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat and personal water craft. ARTICLE III Zone Districts Division 1 A (Agricultural) Zone District 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 the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (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. A. STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in Section 23-3-50 below. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. C. MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 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 12 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 stands when the products offered for sale are grown on the premises. 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.AA. 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: I. Electricity is the only utility which will be connected to the cargo container used solely for storage. Cargo containers that have been retrofitted for habitation can be connected to wet and dry utilities such as water, sewer and electricity. 2. The cargo container can be used as a DWELLING or as overnight or temporary housing as long as the cargo container has been retrofitted and designed to meet all state and local Housing and Building Codes. The cargo container that has been retrofitted for an office, DWELLING, or any habitable use, shall be designed by a licensed professional. 3. The property upon which the cargo container is to be located must be a LEGAL LOT. 4. The applicant shall not remove any structural component of the cargo container used for storage, an office, a DWELLING, or any habitable use. 5. A cargo container used for storage,an office,a DWELLING,or any habitable use shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage,an office,or a DWELLING shall be restored to,and maintained in,the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from the site. 6. A cargo container used solely for storage shall be removed from the property upon cessation of the USE. 7. The cargo container may not be used in any manner to display a sign. L. Semi-trailer used as accessory storage. One (l) semi-trailer used as accessory storage may be permitted 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, according to the procedure and zoning permit requirements outlined in Section 23-4-900 of this Chapter for the purpose of storing goods inside the unit. Up to two (2) semi-trailers may be used as accessory storage on agricultural parcels not 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, without a zoning permit. Additional semi-trailers used as accessory storage may be allowed on all lot sizes and types, as described in Subsection 23-3-40.0 below. M. COMMERCIAL VEHICLES. Parking and operation of one (1) COMMERCIAL VEHICLE may be permitted 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, according to the procedure and zoning permit requirements outlined in Section 23-4-950 of this Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be allowed on property of less than eighty(80) acres in size, when not 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, without a zoning permit. Without the appropriate land use permits, only one(1) tractor trailer and one (1) two-rear-axle vehicle are permitted on a parcel of land less than eighty(80) acres. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. No additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial USE otherwise permitted by Subsection 23-3-40.R below. N. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 12, of this Code. O. MEDICAL MARIJUANA. One (1) caregiver of MEDICAL MARIJUANA that is grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per legal parcel as per Article IV, Division 14, of this Code. P. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER, subject to the provisions of Article IV, Division 10 of this Chapter. Q. SECOND SINGLE-FAMILY DWELLING, subject to the additional requirements of Article IV, Division 8 of this Chapter. (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4; Weld County Code Ordinance 2008- 16; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011 -9) R. RECREATIONAL ACTIVITES, including: 1 . Hunting 2. Fishing 3. Camping 4. Water skiing Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. C. Recreational facilities and USES including: 1 . Race tracks and race courses. 2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges, subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. 7. PUBLIC, or commercial or private tent or RECREATIONAL VEHICLE camping areas. 8. RECREATIONAL FACILITIES such as water skiing lakes and dirt bike race courses, for example, that are used as public or private COMMERCIAL RECREATIONAL FACILITIES. ARTICLE II Procedures and Permits Division 1 Amendments to Zoning Map Sec. 23-2-50. Application requirements for Change of Zone. F. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsections 23-2-50 C and 23-2-50 D of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within sixty (60) one hundred twenty ( 120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2007- 14; Weld County Code Ordinance 2010-6) Division 3 Site Plan Review Sec. 23-2-160. Application requirements for site plan review. X. Site Plan Review Plat: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty ( 120) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the Site Plan Review Plat has not been recorded within sixty (60) one hundred twenty ( 120) days from the date the administrative review was signed, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) one hundred twenty ( 120) days of approval, the application will be forwarded to the Weld County Code Compliance for violation. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. The plat shall meet the following requirements: 1 . The plat shall be delineated in nonfading permanent black ink on a Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The plat shall bear original signatures and seals in permanent black ink. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick-on type material such as, but not limited to "sticky-back," adhesive film or Kroy lettering tape. The drawing shall be at sufficient scale to show all necessary detail. 2. REPEALED. (Weld County Code Ordinance 2001 - 1 ) 3. REPEALED. (Weld County Code Ordinance 2001 -1 ) 4. The plat shall be titled "Site Plan Review No. ." The Department of Planning Services shall provide the appropriate number. 5. The plat shall include all of the items approved in the site plan review administrative comments. 6. The plat shall bear the following certifications: a. Property owner's certificate: I. the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the applicable DEVELOPMENT standards and district requirements for the Zone District as stated in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the DEVELOPMENT standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of , _, by WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This plat is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of . _, by WITNESS my hand and official seal. My commission expires: Notary Public Division 4 Uses by Special Review Sec. 23-2-200. Intent and applicability. H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within sixty (60) one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code Ordinance 2001 -8; Weld County Code Ordinance 2007- 14; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011 -3) Division 5 Special Review Permits for Major Facilities of Public Utility or Public Agency Sec. 23-2-300. Applicability. C. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23- 2-380 or 23-2-390 of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 -6; Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2010-6) Division 4 Open Mining Sec. 23-4-250. Purpose. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23- 4-270 of this Code. The Mylar plat and additional requirements shall be recorded within sixty (-60) one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within sixty (60) one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Code Ordinance 2007- 14; Weld County Code Ordinance 2010-6) ARTICLE V Resubdivision Sec. 24-5-15. Resubdivision process and time parameters. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24- 5-20.E.6, Section 24-5-30.B.5 or Section 24-5-40.B. 1 of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a resubdivision plat has not been recorded within sixty (60) one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the resubdivision has not been abandoned and that the applicant possesses the willingness and ability to record the resubdivision plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the resubdivision plat cannot be met, the Board may, after a public hearing, revoke the resubdivision. (Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2010-6) ARTICLE VIII Exemptions Sec. 24-8-60. Exemption plat. An exemption plat shall be prepared after an application is approved and all conditions of approval have been met. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty ( 120) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the exemption plat has not been recorded within sixty (60) one hundred twenty ( 120) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) one hundred twenty ( 120) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. The plat shall meet the following requirements: A. The plat shall be prepared by a registered professional land surveyor in the State. B. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet such as Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each shall be either eighteen ( 18) inches in height by twenty-four (24) inches in width or twenty-four (24) inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick-on-type material such as, but not limited to "sticky-back," adhesive film or kroy lettering tape. The drawing shall be at a scale of one (1 ) inch equals one hundred ( 100) feet or ( 1 ) inch equals two hundred (200) feet. Vicinity maps shall be at a minimum scale of ( 1 ) inch equals two thousand (2,000) feet. The type face shall not be less than eight (8) point in size. Maps drawn to other scales must be approved in writing by Planning Staff C. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing may be submitted. The material shall be at least three (3) millimeters or greater in thickness. D. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo Mylar copy or diazo-sensitized Mylar copy is submitted, the original signatures and seals shall be contained thereon. All components, including signatures, shall be made with nonfading permanent black ink. E. The plat shall include a complete and accurate legal description of the parcels being created or exchanged and new parcels which will result. F. Existing public rights-of-way providing access to the lots shall be shown. G. The plat shall include a vicinity map. The map shall locate the exemption lots with respect to adjacent roads and other major land features. H. The plat shall include an accurate drawing of all approved lots. 1 . Recorded exemption. The smallest parcel shall be designated Lot A. For a two-lot recorded exemption, the larger parcel shall be designated Lot B. For a three-lot recorded exemption, the medium-sized parcel shall be designated Lot B and the largest parcel shall be designated Lot C. For a four-lot recorded exemption, the smallest parcel shall be designated Lot A, the next largest parcel shall be designated Lot B, the third largest parcel shall be designated Lot C and the largest parcel shall be designated Lot D. The net and gross acreage for all lots shall be given. All lots shall be accurately surveyed and the drawing shall include bearings, distances and curve data for all lines of all lots, which shall be referenced to two (2) public land survey monuments of record. 2. Subdivision exemptions for lot line adjustments shall include in the drawing the lots before and after the exemption. I. The exemption plat shall show the location of any plugged or abandoned oil and gas well. The well shall be permanently marked by a brass plaque set in concrete, similar to a permanent bench mark, to monument its location. Such plaque shall contain any information required on a dry hole marker by the Colorado Oil and Gas Conservation Commission. J. All work shall comply with the requirements of Sections 38-50-101, 38-51-101, 38-51- 102, 38-53-103 and 38-53-104, C.R.S. K. All work shall comply with the requirements of the Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and Professional Land Surveyors and the Rules of Professional Conduct of the State Board of Registration for Professional Engineers and Professional Land Surveyors—Board Policy Statements. L. A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot Corners" (Section 38-53-102(2), C.R.S.) will be submitted with the exemption plat. If any "Aliquot Corner" indicated on the plat is substantially as described in an existing monument record previously filed and in the appropriate records of the County Clerk and Recorder, a copy of that monument record and a letter of certification stating that it is as described on the Colorado Land Survey Monument Record shall be submitted. M. An exemption plat shall bear the certifications shown in Appendix 24-F to this Chapter. (Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2005-01; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2010-6) are required. L' Motion:Amend Conditions of Approval 4 and 5 to reflect recording the plat in one hundred twenty(120) days, Moved by Mark Lawley, Seconded by Robert Grand. Motion passed unanimously. or Motion: Case USR12-0006, be approved along with the amended Conditions of Approval and Development Standards, Moved by Bill Hall, Seconded by Robert Grand. Vote: Motion carried by unanimous roll call vote(summary: Yes =8). Yes: Alexander Zauder, Benjamin Hansford, Bill Hall, Jason Maxey, Joyce Smock, Mark Lawley, Robert Grand, Thomas Holton. CASE NUMBER: ORDINANCE 2012-3 REQUEST: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, A PORTION OF CHAPTER 5 REVENUE AND FINANCE,CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS,OF THE WELD COUNTY CODE. PRESENTED BY: TOM PARKO Tom Holton, Planning Services, presented additional proposed code changes to Ordinance 2012-3, specifically adding recreational uses in the agricultural zone district and extending the deadline to record plats from 60 days to 120 days. 0- Motion: Ordinance 2012-3 to include personal water craft be forwarded to the Board of County Commissioners along with the Planning Commission's recommendation of approval,Moved by Mark Lawley, Seconded by Benjamin Hansford. Motion passed unanimously. I The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. tr The Chair asked the Planning Commission members if there was any new business to discuss. Commissioner Maxey inquired what the Planning Commission thought of requiring pipeline setbacks. The Planning Commission thought this should be addressed at the State level and Mr. Holton offered to bring it up at the State Oil and Gas Commission meeting on Thursday. Commissioner Maxey asked why the Planning Commission is the final authority for these major facilities of a public utility. Mr. Yatabe said that he would research the subject. ir Meeting adjourned at 5:46 pm. Respectfully submitted, /� Digitally signed by Kristine Ranslem „Lw,/.�� - / ,,� Location:1555 N 17th Ave .I�.cau i ,T+t�bCX.(G� Date:2012.04.17 13:40:12-06'00' Kristine Ranslem Secretary 7 Esther Gesick EXHIBIT_____KFrom: Tom Parko Denzolz-3 Sent: Monday, April 30, 2012 6:54 AM To: Esther Gesick Subject: FW: Code Change Attachments: Section 23-3-30_Accessory Uses in the AgZone.doc; RECREATIONAL FACILITIES.docx; Section 23-2-50_Plat Extension.doc Esther- Good morning. I got your message when I was out of the office Friday aftyernoon but didn't have my computer with me. This is the email you are referring to in your voice mail. The Planning Commissioners were fine with the changes but wanted to add "personal water craft" to the definition of water skiing. The Commissioners were fine with that modification during second reading. Let me know if you have any questions. Thanks, Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 l86w t� d t� r !1/4 t. Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Sent: Monday, April 09, 2012 9:02 AM To: Commissioners Cc: Brad Yatabe; Bruce Barker; Trevor Jiricek Subject: FW: Code Change Commissioners- Attached are the two changes that we added for second reading. I took these to the Planning Commission last week and they are good with them. I just have to add a bit of language from the PC to this Ordinance prior to 3rd reading which I will elaborate on this morning. 1 Kind regards, Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 d t , `1 r Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Friday, March 30, 2012 8:43 AM To: Tom Parko; Brad Yatabe; Trevor Jiricek Subject: RE: Code Change This is what I would do. My changes are in yellow or are stricken. No need to say is an accessory use "provided that the recreational activity is not a RECREATIONAL FACILITY," because the rec facility requires a USR,anyway (no need to say it twice). May also want to include the hunting lodge as a rec facility. See the attached. Also, on that issue, many of my former Rotary breathren have some interest in a hunting lodge east of Greeley that is not a "nonprofit organization" as that term is defined and regulated via Colorado statute. They have some loose membership, but it is organized and have some "meetings" sometime during the year, so the suggested highlighted language might help better define that situation. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150"O" Street Greeley, CO 80632 (970) 356-4000, ext.4390 Fax: (970) 352-0242 w-= -" Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential,or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action 2 concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Sent: Thursday, March 29, 2012 11:26 AM To: Brad Yatabe; Bruce Barker; Trevor Jiricek Subject: Code Change Ok, so I took a stab at the code change dealing with Accessory uses in the Ag Zone. I have to tell you that this is what you get when you have a short period of time to work on it. I don't really like it but I guess we can tweak this following PC. I am struggling with the definitions and the descriptions in Accessory uses. I get the intent but trying to tie it all together is going to take a bit more time and work. I have a few cases that I need to get out this week so if this looks decent enough to move to PC let me know soon so I can get it over to Kris. Tom Parko, M.A. Planning Manager Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office:970-353-6100, ext 3572 Mobile:970-302-5333 titarT r � Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Article 1 , Zoning Ordinance DIVISION OR ARTICLE TO BE MODIFIED: Article 1 SECTION(S) PROPOSED TO BE MODIFIED: Section 23- 1 -90 RATIONALE FOR MODIFICATION: This code change reflects a Court decision made several years ago concerning a hog farm and animal units. This change basically states that Right of Way (ROW) does not break up the contiguous land holdings for purposes of determining animal units. The text in red below was interpreted by the Colorado Court of Appeals to mean that an owner can add up all of his or her lands even though they may have been granted under separate deeds and separated by County roads, and the total is then considered to be one "lot." PROPOSED MODIFICATION(S): Sec. 23-1-90. Definitions. HUNTING: A recreational activity or sport of pursuing game. FISHING: A recreational activity that involves the act, occupation, or sport of catching fish - corset ci CAMPING: A recreational activity involving the spending of one or more up to seven (7thights in a tent, primitive structure, a travel trailer or recreational vehicle at a campsite. WATER SKIING: An aquatic recreational activity that is typically associated with a body of water and a motorboat, card piy,c,,k,(l Lvat.-• en ARTICLE III Zone Districts Division 1 A (Agricultural)Zone District Sec.23-3-10.Intent. Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the COUNTY. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land USES. The A (Agricultural) Zone District is also intended to provide areas for the conduct of USES by Special Review which have been determined to be more intense or to have a potentially greater impact than USES Allowed by Right. The A (Agricultural) Zone District regulations are established to promote the health, safety and general welfare of the present and future residents of the COUNTY. (Weld County Codification Ordinance 2000-1) Sec.23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District except for one (1)or more of the following USES. Land in the A (Agricultural)Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A(Agricultural) Zone District shall also be subject to the additional requirements contained in Articles IV and V of this Chapter. A. One(1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT. B. One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of land created under the provisions of Chapter 24, Article VIII of this Code. C. FARMING, RANCHING and GARDENING. D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on the premises. E. TEMPORARY storage and sorting of, in transit, of crops, vegetables, plants, flowers and nursery stock not raised on the premises and not for sale on said premises. F. Repealed. (Weld County Code Ordinance 2007-1) G. Grazing of LIVESTOCK. H. Feeding of LIVESTOCK within the limitations defined in Section 23-3-50 below and Section 23-4- 710. I. OIL AND GAS PRODUCTION FACILITIES. J. PUBLIC parks and PUBLIC recreation facilities. K. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. L. UTILITY SERVICE FACILITIES. M. Alcohol production which does not exceed ten thousand (10,000) gallons per year, provided that alcohol and by-products will be used primarily on the owner's or operator's land. N. TEMPORARY group assemblages(subject to Chapter 12,Article I, of this Code). O. Asphalt or concrete batch plant used temporarily and exclusively for 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. P. MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter. Q. Police and Fire Stations or Facilities. R. Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC road improvement project. In addition, sand, soil and aggregate MINING, regardless of the use of the material, which qualifies for a single limited impact operation (a 110 permit) or is exempt from any permits from the Division of Minerals and Geology, generates no more than five thousand (5,000) cubic yards of material per year for off-site use and does not involve crushing, screening or other processing. An Improvements Agreement, as determined by the Department of Public Works, may be required prior to commencement of operations. S. MANUFACTURED HOME subject to the additional requirements of Section 23-4-700 of this Chapter. T. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D below is not exceeded. U. One (1) TELECOMMUNICATION ANTENNA TOWER and/or one (1) NONCOMMERCIAL TOWER subject to the provisions of Article IV, Division 10 of this Chapter. V. Disposal of domestic sewage sludge subject to the additional requirements of Article IV, Division 6 of this Chapter. W. Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of Article IV, Division 7 of this Chapter. X. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter, except as allowed without a permit per Subsection 23-3-20.D. Y. GROUP HOME FACILITY. Z. FOSTER CARE HOME. AA. County Grader Shed,except in or adjacent to a platted subdivision or Townsite. BB. CARGO CONTAINERS used as a SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL LOT. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011-9) 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 the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (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. A, STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. B BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in Section 23-3-50 below. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural products. MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, Division 3 of this Chapter. 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 12 of this Chapter. OFFICE incidental to the operation of the Uses Allowed by Right as listed in Section 23-3-20 above. K MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter. G. Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty(50)feet from the PUBLIC right-of-way. FL SIGNS, in conformance with the provisions of Article IV, Division 2 of this Chapter. L 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.AA. 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: 1. Electricity is the only utility which will be connected to the cargo container used solely for storage. Cargo containers that have been retrofitted for habitation can be connected to wet and dry utilities such as water, sewer and electricity. 2. The cargo container can be used as a DWELLING or as overnight or temporary housing as long as the cargo container has been retrofitted and designed to meet all state and local Housing and Building Codes. The cargo container that has been retrofitted for an office, DWELLING, or any habitable use, shall be designed by a licensed professional. 3. The property upon which the cargo container is to be located must be a LEGAL LOT. 4. The applicant shall not remove any structural component of the cargo container used for storage, an office, a DWELLING, or any habitable use. 5. A cargo container used for storage, an office, a DWELLING, or any habitable use shall not be allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for storage, an office, or a DWELLING shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from the site. 6. A cargo container used solely for storage shall be removed from the property upon cessation of the USE. 7. The cargo container may not be used in any manner to display a sign. Semi-trailer used as accessory storage. One ( 1 ) semi-trailer used as accessory storage may be permitted 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, according to the procedure and zoning permit requirements outlined in Section 23-4-900 of this Chapter for the purpose of storing goods inside the unit. Up to two (2) semi-trailers may be used as accessory storage on agricultural parcels not 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, without a zoning permit. Additional semi-trailers used as accessory storage may be allowed on all lot sizes and types, as described in Subsection 23-3-40.0 below. -N47 COMMERCIAL VEHICLES. Parking and operation of one ( 1 ) COMMERCIAL VEHICLE may be permitted 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, according to the procedure and zoning permit requirements outlined in Section 23-4-950 of this Chapter. Parking and operation of one ( 1 ) COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size, when not 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, without a zoning permit. Without the appropriate land use permits, only one ( 1 ) tractor trailer and one ( 1 ) two-rear-axle vehicle are permitted on a parcel of land less than eighty (80) acres. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. No additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial USE otherwise permitted by Subsection 23- 3-40.R below. N. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 12, of this Code. O. MEDICAL MARIJUANA. One ( 1 ) caregiver of MEDICAL MARIJUANA that is grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per legal parcel as per Article IV, Division 14, of this Code. P TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER, subject to the provisions of Article IV, Division 10 of this Chapter. Q. SECOND SINGLE-FAMILY DWELLING, subject to the additional requirements of Article IV, Division 8 of this Chapter. (Weld County Codification Ordinance 2000-1 ; Weld County Code Ordinance 2001 -1 ; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4; Weld County Code Ordinance 2008- 16; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011-9) R Recreational activities, including: 1 . Hunting. 2. Fishing. e',QPS 3. Camping. 4. Water skiing. T. HUNTING, provided that the recreational activity is not a RECREATIONAL FACILITY under Section 23 3 40. U . FISHING. V. CAMPING, provided that the recreational activity does not extend beyond seven (7) days. W. WATER SKIING, provided that the recreational activity is not a RECREATIONAL FACILITY under Section 23 3 40. Sec.23-3-40.Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. Mineral resource development facilities including: 1. OIL AND GAS STORAGE FACILITIES. 2. OIL AND GAS SUPPORT AND SERVICE. 3. Open pit MINING and materials processing, subject to the provisions of Article IV, Division 4 of this Chapter. 4.Asphalt and concrete batch plants. 5. Coal gasification facilities. 6. MINING or recovery of other mineral deposits located in the County, subject to the provisions of Article IV, Division 4 of this Chapter. 7. TRANSLOADING. B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 1. Sorting,grading and packing fruits and vegetables for the grower. 2. Grain and/or feed elevators. 3. Crop dusting or spraying operations facilities (includes hangars, landing trips, fertilizer storage facilities, insecticide storage facilities, fuel storage facilities and OFFICES ACCESSORY to the crop dusting or spraying operation). 4. Farm equipment sales, repair and installation facilities. 5. Veterinary clinics or hospitals. 6. Grain and feed sales. 7. Commercial grain storage and drying. 8. Fertilizer storage, mixing, blending and sales. 9. Seed production, processing, storage, mixing, blending and sales. 10. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Subsection 23-3-50.D below is exceeded and/or when the traffic that is generated by the boarding or training activity exceeds sixty(60)trips per day to and from the property. 11. Alcohol production exceeding ten thousand (10,000) gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production operation. 12. Animal waste recycling or processing facilities. 13. Custom meat processing. 14. LIVESTOCK sale barns and facilities. 15. Forage dehydration facilities. 16. LIVESTOCK CONFINEMENT OPERATIONS. 17. Rodeo Arenas, Commercial 18. Roping Arenas,to include both indoor and outdoor arenas, commercial. C. Recreational facilities and USES including: 1. Race tracks and race courses. 2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges, subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. I 7. PUBLIC;or commercial or private tont or RECREATIONAL VEHICLE camping areas. 8. RECREATIONAL FACILITIES such as water skiing lakes and dirt bike race courses, for example, that are used as public or private COMMERCIAL RECREATIONAL FACILITIES. D. Public Utilities facility, including: 1. Equipment storage or repair facilities, subject to the provisions of Section 23-4-420. 2. Storage tanks, subject to the provisions of Section 23-4-420. 3. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, subject to the provisions of Section 23-4-420. E. PUBLIC and quasi-PUBLIC BUILDINGS including: 1. CHURCHES. 2. Private SCHOOLS. 3. Administrative OFFICES or meeting halls for agricultural organizations. 4. County Grader shed in or adjacent to a platted subdivision or Townsite. F. AIRPORTS and AIRSTRIPS. G. JUNKYARDS or salvage YARDS. H. KENNELS, subject to the additional requirements of Section 23-4-400. I. Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-4-380. J. Keeping, raising or boarding of EXOTIC ANIMALS. K. One(1)or more microwave, radio, television or other communication transmission or relay tower over seventy(70)feet in height per LOT. Commercial towers subject to the provisions of Section 23-4-800. L. TELECOMMUNICATION ANTENNA TOWERS which require a Use by Special Review Permit, subject to the provisions of Article IV, Division 10 of this Chapter. M. One(1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section 23- 3-20 A above. N. MULTI-FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING, RANCHING or GARDENING. O. Expansion or extension of NONCONFORMING USES. P. HOME BUSINESS. Q. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four percent (4%) of the total lot area, as detailed in Section 23-3-30 above, per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan field prior to adoption of any regulations controlling subdivisions. R. CORRECTIONAL FACILITY. S. Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop. T. CHILD CARE CENTER. U. BED AND BREAKFAST FACILITY. V. More than one(1) semi-trailer when used as a personal storage 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; and more than two (2) semi-trailers on agricultural parcels not in an approved or recorded subdivision plat of 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. W. USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A(Agricultural)Zone District. X. PROCESSING. Y. RESEARCH LABORATORY. Z. HEAVY MANUFACTURING, PROCESSING. AA. WIND TURBINE. Height stipulation of seventy(70)feet or less does not apply. BB. More than the number of cargo containers allowed as a use by right per legal lot or parcel. CC. Cemetery. DD. RESIDENTIAL THERAPEUTIC CENTER. EE. WIND GENERATORS requiring the issuance of Use-by-Special Review Permit, as per Chapter 23, Article II, Division 4, and Chapter 23, Article IV, Division 12, of this Code. FF. BREWERY. GG. BREWPUB. HH. DISTILLERY. II. WINERY. JJ. NONCOMMERCIAL TOWERS greater than one hundred thirty (130) feet in height. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2005-01; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2007-1; Weld County Code Ordinance 2007-14; Weld County Code Ordinance 2008-16; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011-9) 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 which fall within the definition of the word PUBLIC, as defined above. b. PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts, swimming pools, hunting lodges, 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 or organization of 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 and the like, operated on a commercial basis for USE by the paying PUBLIC. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Article 1 , Zoning Ordinance DIVISION OR ARTICLE TO BE MODIFIED: Article 1 SECTION(S) PROPOSED TO BE MODIFIED: Section 23-2-50, 23-2-200, 23-2-300, 23-2- 160 & Sec. 23-4-250 RATIONALE FOR MODIFICATION: This code change extends the deadline to record a plat from 60 days to 120 days. PROPOSED MODIFICATION(S): ARTICLE II Procedures and Permits Division 1 Amendments to Zoning Map Sec. 23-2-50. Application requirements for Change of Zone. F. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsections 23-2-50 C and 23-2-50 D of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty ( 120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within Gixty (60) one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2007- 14; Weld County Code Ordinance 2010-6) Division 3 Site Plan Review Sec. 23-2- 160. Application requirements for site plan review. X. Site Plan Review Plat: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty (120) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the Site Plan Review Plat has not been recorded within sixty (60) one hundred twenty (120) days from the date the administrative review was signed, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) one hundred twenty ( 120) days of approval, the application will be forwarded to the Weld County Code Compliance for violation. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. The plat shall meet the following requirements: 1 . The plat shall be delineated in nonfading permanent black ink on a Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The plat shall bear original signatures and seals in permanent black ink. The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick-on type material such as, but not limited to "sticky- back," adhesive film or Kroy lettering tape. The drawing shall be at sufficient scale to show all necessary detail. 2. REPEALED. (Weld County Code Ordinance 2001 - 1 ) 3 . REPEALED. (Weld County Code Ordinance 2001 - 1 ) 4. The plat shall be titled "Site Plan Review No. ." The Department of Planning Services shall provide the appropriate number. 5. The plat shall include all of the items approved in the site plan review administrative comments. 6. The plat shall bear the following certifications: a. Property owner's certificate: 1, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the applicable DEVELOPMENT standards and district requirements for the Zone District as stated in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the DEVELOPMENT standards and/or any conditions could result in the County initiating a compliance action against me. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of , , by WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This plat is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of , _, by WITNESS my hand and official seal. My commission expires: Notary Public Division 4 Uses by Special Review Sec. 23-2-200. Intent and applicability. H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Codification Ordinance 2000- 1 ; Weld County Code Ordinance 2001 - 1 ; Weld County Code Ordinance 2001 -8; Weld County Code Ordinance 2007- 14; Weld County Code Ordinance 2009-8; Weld County Code Ordinance 2010-6; Weld County Code Ordinance 2011 -3) Division 5 Special Review Permits for Major Facilities of Public Utility or Public Agency Sec. 23-2-300. Applicability. C. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23- 2-380 or 23-2-390 of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Codification Ordinance 2000-1 ; Weld County Code Ordinance 2001 -6; Weld County Code Ordinance 2003- 10; Weld County Code Ordinance 2010-6) Division 4 Open Mining Sec. 23-4-250. Purpose. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23- 4-270 of this Code. The Mylar plat and additional requirements shall be recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within sixty (60) one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). (Weld County Code Ordinance 2007- 14; Weld County Code Ordinance 2010-6) BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Mark Lawley, 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 2012-3 REQUEST: IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, A PORTION OF CHAPTER 5 REVENUE AND FINANCE, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE. PRESENTED BY: TOM PARKO be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1—That the existing text is in need of revision as proposed. The proposed changes are part of a semi-annual review of the County Code to respond to constituent input about the Code's provisions, to update it in relationship to other regulatory documents, and to maintain its overall functionality. Several of the items proposed for revision come from recommendations made by the public and landowners, or as the result of observations made by the County Commissioners, Planning Commission, or County Staff during the processing of land use cases. 2. Section 23-2-120.8.2— That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural and mixed land uses, promote flexibility and predictability in land use matters,and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.B3-- That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. The proposed changes to the Code are designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more consistent with modern building and safety standards. Motion seconded by Bill Hall. VOTE: For Passage Against Passage Absent Robert Grand Bill Hall Tom Holton Alexander Zauder Benjamin Hansford Mark Lawley Nick Berryman Jason Maxey Joyce Smock 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 March 6, 2012. Dated the 6'h of March, 2012. l'ShAikurtu Kristine Ranslem 2012-0783 Secretary APPENDIX 5-D WELD COUNTY GOVERNMENT FEES Service Provided Fee Established I. For the copying of public documents where the fee for $0.25 per copy,or actual cost such copying is not otherwise specified by statute 2. For the copying of public documents via laserjet printer, $0.25 per page.or actual cost if feasible.and where the fee for such copying is not otherwise specified by statute 3. Copy of the lime Rule Charter $5.00+$3.00 postage if mailed 4. For Weld County road maps By size,as determined by Geographical Information Services Department 5. For the taking of fingerprints by the Weld County $10.00 per person(limit of 2 cards) Sheriff's Office 6. For research of public records not required by law, Fee shall be based on the actual cost of labor to the Weld where the time necessary to perform such research is County Government for providing such service extraordinary(as determined by the department head or elected official) 7. Weed spraying: truck and labor Fees to be set by Board Resolution to recover full cost R. District Attorney fee schedule(mailing fees may be added): Copies of current paper discovery: Retrieval fee(one-time charge) $2.00 Document(per page) $0.25,or actual cost Audiotape evidence: DA's Office provides tape(per tape) $5.00 Videotape evidence: DA's Office provides tape(per tape) $10.00 Evidence diskette discovery: Each diskette:CD:DVD(per disk) $10.00 Electronic discovery: Initial retrieval fee(one-time charge) $2.00 Document(per page) $0.15 Subsequent retrieval fee $1.00 Microfilm discovery: Retrieval fee(per requested search) $50.00 Document(per page) $ 1.00 Advance fee: <500 pages/frames $50.00 >500 pages/frames 10%x estimated frames I lourly fee for search and copy $20.00 per hour 9. Planning and building inspection materials Fee shall he actual cost of items plus handling and postage when mailed 10. Assignment of oil and gas lease $25.00 per lease per assignment I I. Copy of paramedic trip sheet medical records $16.50 first ten(10)pages.and an additional$0.75 each for pages 11-40. 12. Returned checks $20.00 per check 13. Schedule of the issuance of permits for the installation and construction of telephone.electric,wire.power lines or pipelines and other appurtenances along,across, upon and under County road rights-of-way Application fee $75.00 Road bore $25.00 Miscellaneous Utility Installation Permit Fee Trench width less than I foot $0.10 per foot Trench width 1 to 3 feet $0.18 per foot Trench width 3 feet and greater $0.29 per foot 14. Special transport permit fee $20.00 15. Drilling rig permit fee $1,000.00 per move 16. Motor vehicle identification number inspections: certified inspections $20.00 noncertified inspections $12.00 17. Special district service plan filing fee(Section 32-I- $500.00 202(3).C.R.S.) Amended special district service plan filing fee(Section $250.00 32-1-207,C.R.S.) 18. Copying audiotape of public safety telephone and radio Fee of$45.00 per hour of recording time will be in addition to voice recordings requestor providing new,sealed cassette tape. Minimum fee$45.00 19. Sheriffs fees—copies of reports and/or other documents maintained by Criminal Justice Records: Report retrieval fee(to copy or to view) $3.00 Copy fee(first 2 pages free) $0.25 per page.or actual cost Mail request: (first 2 pages) $3.50 (additional pages) $0.50 per page From archived medium(NO CHARGE.TO VICTIMS) $1.00 per page Faxed copies Additional $1.00 per page 20. Co-pay for Inmate Medical Services: $10.00 per clinic visit $10.00 per prescription filled/refilled 21. Requests for clearance or immigration letters: letter will include arrest records for all RMS contract agencies: $7.00 In-person requests(self) $7.50 mail requests $12.00 Second party request or requests requiring dispositions $12.50 Second party request by mail or requests requiring dispositions 22. Requests for broad computerized searches by name or $11.25 per 15 minutes of search time location: Additional fee if programming is required: $60.00 minimum and$60.00 each subsequent hour 23. Assessor/treasurer items: Aerial maps $15.00 per map Printouts(copies) $0.25 per page,or actual cost Reports $200.00 setup and$50.00 per hour 24. Sheriff bond processing fee $10.00 per bond 25. Mugshot photo processing fee $ 10.00 per photo 26. CCW application $ 152.50 (includes $52.50 for fingerprinting charge for CO and FBI clearance) $25.00 for renewal $15.00 late fee 27. Notary service No fee shall be charged by County staff 28. Independent fee calculation study administrative cost $500.00 fee 29. Civil processing Maximum fees established by statute for Sheriffs Office Civil Process under Section 30-1-104, C.R.S. 30. Temporary assemblage permit issued by the Board of $100.00 per event County Commissioners 31 . Sex offender registration: Annual fee for fingerprinting and photo, per Section $20.00 annually 16-22-108(6), C.R.S. 32. Committing and discharging prisoners in County jail $30.00 33. Sheriffs work release fee $14.00 per day 34. Sheriffs documentation of incarceration $3.00 for one page: $0.50 per additional page 35. Sex offender registration $25.00 to register $25.00 to re-register 36. Copies of records (via burning of CDs) Copies shall be at a rate to fully recover the cost of the staff time required and CD costs incurred to copy the CD as determined by the department head. 37. Massage parlor license application $350.00 annual renewal $150.00 38. Pretrial $20.00 39. Staff time for applicants or constituents that propose The hourly rate shall be calculated on a full cost recovery basis novel uses or development that does not fit into of the county's costs for the staff positions involved in the established fee categories where staff will spend 4 or assistance. The full cost recovery rate shall be determined by more hours of review, oversight, or assistance. the Director of Finance and Administration and shall include salary, fringe benefits, support costs (services and supplies), and indirect costs calculated in accordance with the county- wide cost allocation plan per Federal OMB-87 methodologies. Constituents shall deposit the estimated amount of the costs prior to assistance. The County will draw upon it based on the standard hourly rate for each staff providing the review, oversight, or assistance. The applicant shall be provided copies of the billing five days prior to the cost actually being billed against the account and the applicant. The applicant's sole remedy to appeal any billing shall be to the Board of County Commissioners. The unused portion of the submitted application fee shall be returned to the applicant within 30 days of completion of the development process or if requested. (Weld County Code Ordinance 2001 -8; Weld County Code Ordinance 2002-1 ; Weld County Code Ordinance 2002-10; Weld County Code Ordinance 2003-8; Weld County Code Ordinance 2004-10; Weld County Code Ordinance 2005-15; Weld County Code Ordinance 2006-10; Weld County Code Ordinance 2007-7; Weld County Code Ordinance 2007-18; Weld County Code Ordinance 2008-17; Weld County Code Ordinance 2009-13; Weld County Code Ordinance 2010-5; Weld County Code Ordinance 2010- 11 ; Weld County Code Ordinance 2011 -2) APPENDIX 5-J LAND USE APPLICATION FEES Land Use Application Fee I. Use by Special Review —Single-family dwelling units(other than those permitted $1.200.00 under Subsection 23-3-20.A.) —Expansion of a nonconforming use —Home business —Animal boarding as permitted in Paragraph 23-3-40.B.10 —Bed and breakfast facility —Oil and gas storage facilities —Mobile home for caretaker —Accessory buildings with a gross floor area larger than set forth in Subsection 23-3-40.Q —Composting facilities $2.415.00 —Confined animal feedlot operation Less than or equal to 1.000 animal units $2,415.00 tip to and including each additional 1,000 animal $500.00 units $10,000.00 —Sanitary sewer facility $5,000.00 for the first 10 acres plus$20.00 per acre —Mining permit or fraction thereof in excess of I 0 acres —Solid waste disposal 2 $20.000.00 —Hazard waste disposal site $100,000.00 —Non-1041 major facility of a utility $5,000.00 - 1041 facilities as defined in Chapter 21 of this Code $10,000.00 —All other use by special review permits $2.500.00 —Minor use by special review amendment $500.00 2. Planned Unit Development(19 lots) —Sketch plan $2,100.00 —Change of zone $1,500.00 plus$50.00 per buildable lot —Final plat $1.500.00 plus$100.00 per buildable lot' Planned Unit Development(10 or more lots) —Sketch plan $5.000.00 —Change of zone $3.000.00 plus$50.00 per buildable lot —Final plat $3.000.00 plus$100.00 per buildable lot' 3. Minor Subdivision(I-9 lots) —Sketch plan $2,100.00 —Change of zone $1,500.00 plus$50.00 per buildable lot —Final plat $1.500.00 plus$100.00 per buildable lot' Major Subdivision(10 or more lots) —Sketch plan $5,000.00 —Preliminary plan $2.100.00 —Change of zone $3.000.00 plus$50.00 per buildable lot —Final plat $3,000.00 plus$100.00 per buildable lot' Each subdivision application and buildable lot will be assessed an additional 30%if the site is located in an urban growth boundary,urban development node, intergovernmental defined growth area and/or mixed use land area,and for urban-scale developments outside of an urban area. 4. Resubdivision —l.ot line changes only $216.00 —Vacation of roads.streets or alleys only $216.00 —Redesign.additional lots or vacation of lots $540.00 5. Subdivision Exemptions —Used with recorded exemptions $180.00 —Property line adjustment $180.00 —Financing $180.00 —Temporary use $180.00 —Public and private utility $400.00 6. Recorded Exemptions(2-.3-and 4-lot) —2 lots $1-000.00 —3 lots $1.300.00 —4 lots $1,600.00 —Amendments $180.00 7. Zoning Permit —Mobile homes,manufactured homes.accessory dwellings.temporary dwellings $300.00 —Temporary storage(6 months)of a mobile home $75.00 —Change of use(if mobile home is existing) $75.00 8. Zoning Permit for Second Family Dwelling $500.00 9. Zoning Permit for Telecommunication Antenna Tower $500.00 10. Zoning Permit for Noncommercial Tower $500.00 I I. Zoning Permit for Home Occupation— Class Il $300.00 12. Zoning Permit for Home Occupation— Class I $50.00 13. Zoning Permit for Wind Generator $300.00 14. Temporary Seasonal Permit $75.00 15. Board of'Adjustment —Variance $710.00 —Appeal $200.00 16. Change of Zone —Residential and agricultural uses $2,100.00 plus$150.00 per buildable lot —Commercial/industrial $5,500.00 plus$150.00 per buildable lot 17. Site Plan Review —Amendment $500.00 —Buildings<10,000 gross sq. ft. $1,300.00 —Buildings between 10.000-25,000 gross sq.ft. $2.800.00 —Building>25,000 gross sq. ft. $5,000.00 —Tenant finish $60.00 All site plan review applications will be assessed an additional 40%fee if the site is located in an urban growth boundary, urban development node, intergovernmental defined growth area and/or mixed use land area. 18. Substantial Change I fearing $2,000.00 19. Administrative Handling Fee— Special Request $100.00 20. Building Permit/Illegal Parcel $250.00 21. Investigation Fee 50%of the established application fee 22. A fee will be charged by the County to future applicants when County staff members arc asked to assist professional consultants in the preparation of land use applications. The fee shall be an hourly rate charged in I5-minute increments. The hourly rate shall be calculated on a full-cost recovery basis of the County's costs for the staff positions involved in the assistance. The full-cost recovery rate shall he determined by the Director of Finance and Administration and shall include salary, fringe benefits_support costs(services and supplies)and indirect costs calculated in accordance with the County-wide cost allocation plan per Federal OMB-87 methodologies. Prcapplicants shall deposit an estimated amount of the costs prior to the assistance. A final settlement of costs will he determined by the Department of Planning Services once all the work has been completed. 23. Incidental, non-technical land use application assistance $50.00/hr 24. Amendment to My Regional Urbanization Area Map and $1,500.00 minimum or $700.00 per parcel. Comprehensive Plan whichever is greater 25. Creation of a Regional Urbanization Area $25.00 per acre 26. Administrative Process — Case continuance $150.00 — Hearing continuance $500.00 — Recording continuance $50.00 per 3 months 27. Additional Fees May be Assessed to Cover Publication Costs. Market rate 28. Outside Consultant for Professional Review. Necessity for review to be Determined by the Director. Professional rate 29. For those applications for uses identified to be of high complexity or intensity where a determination is made that County staff will be committing time and resources in excess of the established application fee, the Department of Planning Services may request an applicant to submit a fee in excess of the identified fee. The applicant shall deposit an estimated amount of the costs prior to assistance. The fee shall he escrowed will be held and charged against by the County based on the standard hourly rate for each department administering or reviewing the permit. The departments shall include, but not be limited to, the Department of Planning Services, the Weld County Health Department, the Weld County Public Works and the Weld County Attorney's Office. The standard hourly rate shall be established by the Weld County Finance Department for the actual time spent on the review of the application. The rate shall be calculated on a full cost recovery basis of the county's cost and shall include salary, fringe benefits, support costs (services and supplies), and indirect costs calculated in accordance with the county-wide cost allocation plan per Federal OMB-87 methodologies. The applicant shall be provided copies of the billing five days prior to the cost actually being billed against the escrow account and the applicant. The applicant's sole remedy to appeal any billing shall be to the Board of County Commissioners. The unused portion of the submitted application fee held in escrow shall be returned to the applicant within 30 days of recording the Special Review plan map, or within 30 days after denial of the application by the Board of County Commissioners, or 30 days after the applicant submits a written request to withdraw the application. I Animal units as defined in Section 23-1-90 of this Code. 2 The fee to amend an application for a Special Review Permit for Solid Waste Disposal Sites and Facilities shall not exceed $20,000.00. The full amount shall be submitted to the Department of Planning Services at the time a complete application is submitted. The full amount shall be escrowed and amounts charged against it by the County based on the standard hourly rate for each department administering or reviewing the permit. The departments shall include, but not be limited to, the Department of Planning Services, the Health Department, the Department of Public Works and the County Attorney's Office. The standard hourly rate shall be established by the Finance Department for the actual time spent on the review of the application and facility. The applicant shall be provided copies of the billing 5 days prior to the cost actually being billed against the escrow account and the applicant. The applicant's sole remedy to appeal any billing shall be to the Board of County Commissioners. The unused portion of the submitted application fee held in escrow shall be returned to the applicant within 30 days of recording the amended special review plan map, within 30 days after denial of the application by the Board of County Commissioners, or 30 days after the applicant submits a written request to withdraw the application. 3 25% of this fee is due at the time of application and the remaining 75% is due at the time of building permit issuance. Development Impact Fees 1 . Road Impact Fee Fee Schedule in Chapter 20 of this Code. 2. County Facilities Impact Fee Fee Schedule in Chapter 20 of this Code. 3. Drainage Impact Fee Fee Schedule in Chapter 20 of this Code. (Weld County Code Ordinance 2001 -8; Weld County Code Ordinance 2002-10; Weld County Code Ordinance 2004-10; Weld County Code Ordinance 2005-7; Weld County Code Ordinance 2007-7; Weld County Code Ordinance 2008-17; Weld County Code Ordinance 2009-13; Weld County Code Ordinance 2010-9; Weld County Code Ordinance 2010- 11 ; Weld County Code Ordinance 2011 -2) Sec. 23-1-80. Implementation procedures. A. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Weld County Zoning Resolution adopted May 29, 1961 , was repealed on August 18, 1981 . The Official Weld County Zoning map in hard copy is replaced with the digitized version of this map that is maintained in joint cooperation with the Weld County Assessor's Office and the Weld County GIS office. The digitized map is available electronically through the County webpage and is • • updated periodically. The maps accompanying the repealed Official Weld County Zoning Resolution shall be amended according to the redistricting procedures in Subsection B below. The Weld County Flood Hazard Overlay District Zoning Maps, recorded April 22, 1980, in Book 901 , Reception Numbers 1822844 through 1822908, inclusive; and the Geologic Hazard Area Map of Potential Ground Subsidence Areas in the County recorded May 22, 1978, in Book 832, Reception Number 1754240, are not repealed or amended by this Section. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any violation committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto. Sec. 23-1-90. Definitions. ANIMAL UNIT: A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements of the A (Agricultural), A- 1 (Concentrated Animal), E (Estate) or R- 1 (Low- Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION. In the A- 1 Zone District, the applicant shall specify the maximum number of ANIMAL UNITS and species to be associated with the Livestock Confinement Operation. All Livestock Confinement Operations in the A- 1 Zone District require a Site Plan Review and are subject to the Site Plan Review requirements outlined in Article II, Division 3, of this Code. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23. 1A, 23. 1B, 23 . 1C and 23 . 1D below: Table 23.1A Animal Units in the A(Agricultural)Zone District Maximum Number of Animals per Acre Number of Animals Less than 320 Less than 640 640 Gross Acres Equivalent to Gross Acres,or a Gross Acres,or or Greater,or a Animal Unit One Animal Less Than 80 Minimum of%of a Minimum of Minimum of 1 Equivalents Unit Gross Acres a Quarter Section %]of a Section Section Cattle I I 4 6 8 10 Bison I I 4 6 8 10 Mule I 1 4 6 8 10 Ostrich 1 I 4 6 8 10 Elk I I 4 6 8 10 Horse I I 4 6 8 10 Swine .2 5 20 30 40 50 Sheep .1 10 40 60 80 100 Llama .1 10 40 60 80 100 Goat .1 10 40 60 80 100 Alpaca .075 13 52 78 104 130 Poultry .02 50 200 300 400 500 Rabbit .02 50 200 300 400 500 Table 23.IB Animal Units in the E(Estate)Zone District Animal Unit Number of Animals Equivalent Maximum Number Equivalents to One Animal Unit Per Acre Cattle I I 1 Horse I 1 I Swine I I 1 Mule I 1 I Burro I I 1 Sheep .5 2 2 Goat .5 2 2 Llama .1 10 10 Alpaca .075 13 13 Poultry .04 25 25 Rabbit .04 25 25 Table 23.IC Animal Units in the R-1 (Low-Density Residential)Zone District Animal Unit Number of Animals Equivalent Maximum Number Equivalents to One Animal Unit Per Lot Cattle I I 2 Horse I I 2 Swine I 1 1 Llama .5 2 4 Alpaca .5 2 4 Sheep .2 5 10 Goat .2 5 10 Poultry .02 50 100 Rabbit .02 50 100 Table 23.ID Animal Units in the A-I (Concentrated Animal)Zone District Maximum Number of Animals per Acre Less than 640 Gross 640 Gross Acres or Number of Animals Less than 320 Gross Acres,or a Greater,or a Animal Unit Equivalent to I Acres,or a Minimum Minimum of A of a Minimum of 1 Equivalents Animal Unit of a Quarter Section Section Section Cattle I 1 6 8 I0 Bison I 1 6 8 10 Mule I I 6 8 10 Ostrich 1 1 6 8 10 Elk 1 1 6 8 10 Horse 1 1 6 8 10 Swine .2 5 30 40 50 Sheep .1 10 60 80 100 Llama .1 10 60 80 100 Goat .1 10 60 80 100 Alpaca .075 13 78 104 130 Poultry .02 50 300 400 500 Rabbit .02 50 300 400 500 Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four(4)ANIMAL UNITS per acre in the A(Agricultural)Zone District on LOTS less than eighty(80)gross acres,not to exceed six(6)ANIMAL UNITS per acre on LOTS a minimum of one-half ('/z) of a Quarter Section and less than three hundred twenty (320) gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half('h)of a Section and less than six hundred forty(640)gross acres,and not to exceed ten(10)ANIMAL UNITS per acre on LOTS six hundred forty (640)gross acres or larger; in the A-I (Concentrated Animal)Zone District,ANIMAL UNITS shall not exceed the maximum of six(6)ANIMAL UNITS per acre on LOTS a minimum of a Quarter Section and less than three hundred twenty(320) gross acres, not to exceed eight(8) ANIMAL UNITS per acre on LOTS a minimum of one-half('/z)of a Section and less than six hundred forty(640)gross acres,and not to exceed ten ( 10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger: one ( I ) per acre.. In the E (Estate) Zone District, ANIMAL UNITS shall not to exceed eight (8) ANIMAL UNITS per LOT in the F (Estate) Zone District; or. In the R- 1 (Low-Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS per LOT in the R 1 (Low Density Residential) Zone District. In determining the number of acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement, or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway. LOT: The basic DEVELOPMENT unit, an area with fixed boundaries, USED or intended to be USED by one ( 1 ) BUILDING and its ACCESSORY USES, STRUCTURES and/or BUILDINGS. A Lot shall not be divided by any public highway, STREET or ALLEY. A LOT must meet the requirements of the zoning district in which it is located and must have access to a PUBLIC STREET or an approved private STREET. The determination as to the property included in a LOT shall be made by the Department of Planning Services. Sec. 23-2-180. Recession Procedures. A. When, in the opinion of the Department of Planning Services, an applicant has not met one ( 1 ) or more of the requirements of Subsections 23-2-160 A through DD, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to consider the Site Plan Review (SPR) application and to take final action thereon, if the Planning Staff has determined that the application has not met the requirements of Subsections 23-2- 160 A through DD above. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the Site Plan Review (SPR) application unless it finds that the applicant has not met one ( 1 ) or more of the requirements as listed in Section 23-2- 160. C. The Department of Planning Services shall submit to the Board of County Commissioners for review any map required under Section 23-2- 160.W above which does not comply with the approved Site Plan Review (SPR). D. The Department of Planning Services shall submit to the County Clerk and Recorder for recording maps of approved actions required in Section 23-2- 160.W above. E. A resolution setting forth the decision of the Board of County Commissioners shall 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, and the Board of County Commissioners shall arrange for the County Clerk and Recorder's office to record the resolution. The Board of County Commissioners shall also authorize the Chairman to sign the map required in Section 23-2- 160.W 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 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 MOBILE HOME or MANUFACTURED STRUCTURE. 4. No reasonable alternative is available to the applicant for an OFFICE USE. 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 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.65 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 a MANUFACTURED STRUCTURE used as an accessory OFFICE 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 to the principal USE in the Agricultural Zone Districts 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 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. 24-1-40. Definitions. Subdivision or subdivided land: Any parcel of land in the County which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density, or which is divided into two (2) or more parcels, separate interests or interests in common, unless exempted under the following subsections. Interests shall include any and all interests in the surface of land but exclude any and all subsurface interests. Unless the method of disposition of property is adopted for the purpose of evading these subdivision regulations set forth in this Chapter 24, the terms "subdivision" and "subdivided land" shall not apply to any division of land: a. Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five (35) or more acres per interest; b. Which could be created by any court in the State pursuant to the law of eminent domain, by operation of law or by order of any court in this State if the Board of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to entry of the court order; and, if the Board of County Commissioners does not file an appropriate pleading within twenty (20) days after receipt of such notice by the court, then such action may proceed before the court; c. Which is created by a lien, mortgage, deed of trust or any other security instruments; d. Which is created by a security or unit of interest in any investment trust regulated under the laws of the State or any other interest in an investment entity; e. Which creates cemetery lots; f. Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of real property; g. Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed as only one ( 1 ) interest; h. Which is created by the combination of contiguous parcels of land into one ( 1 ) larger parcel. If the resulting parcel is less than thirty-five (35) acres in land area, only one ( 1 ) interest in said land shall be allowed. If the resulting parcel is greater than thirty-five (35) acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five (35) or more acres per interest. Easements and rights-of-way shall not be considered interests; i. Which is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this Chapter and any applicable County regulations, the land which the purchaser is to acquire pursuant to the contract; and j. Which is created by agreement to resolve uncertainty, doubt or conflict regarding a common boundary. A boundary may be determined and permanently established by written agreement of all parties affected. The agreement must be signed and acknowledged by each property owner as required for conveyance of real estate. The agreement must be accompanied by a plat showing the resolution of the boundary in question. The plat and agreement shall be recorded as an instrument affecting real estate, and shall be binding upon heirs, successors and assigns. The Board may, pursuant to rules and regulations or by ordinance, exempt from this definition of the terms subdivision and subdivided land any division of land if it determines that such division is not within the purposes of this definition. The Chair called a recess at 4:40 pm and reconvened at 4:49 pm. Robert Grand and Jason Maxey left the meeting at 4:40 pm. CASE NUMBER: ORDINANCE 2012-3 REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, A PORTION OF CHAPTER 5 REVENUE AND FINANCE, CHAPTER 23 ZONING AND CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE. PRESENTED BY: TOM PARK() Tom Parko, Planning Services, presented the proposed code changes. He said that staff has been trying to clean up some past cases and said that there hasn't been a process that allows the Board of County Commissioners to take action on a Site Plan Review application that has not been recorded or has failed to meet the findings found in the Weld County Code. This proposed change will allow this process to happen. Mr. Parko briefly explained the proposed change to the code where the right-of-way does not break up the contiguous land holdings for purposes of determining animal units. Mr. Parko said that the current code does not define what "temporary" means with respect to offices as temporary accessory uses. The County defines temporary as six (6) months or less and this proposed change will apply this standard to offices as well. In addition, this code change will not require a permit for structures associated with a Site Plan Review (SPR) or Use by Special Review(USR). With regard to the Official Zoning Map for Weld County, staff is proposing that this map be placed on the County website in a digital version and will be updated frequently through the GIS Department. The current fee schedule does not provide a fee in cases where staff spends time assisting applicants on novel uses or development that doesn't necessarily fit into the established fee categories. Staff is proposing that the applicant will deposit the estimated amount of costs prior to assistance and then the County will draw • down upon it based on staff time spent. This is intended to recover staff time on a project that does not go through a land use permit where fees are collected up front. The Planning Commission expressed concern that there is no criteria that determines the difference of a large case from a small case. Mark Lawley moved that Ordinance 2012-3 be forwarded to the Board of County Commissioners along with the Planning Commission's recommendation of approval, seconded by Bill Hall. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Joyce Smock, yes; Nick Berryman, yes; Robert Grand, absent; Bill Hall, yes;Alexander Zauder, yes; Jason Maxey, absent; Benjamin Hansford, yes; Mark Lawley, yes; Tom Holton, yes. Motion carried unanimously. The Chair asked the Planning Commission members if there was any new business to discuss. Nick Berryman asked if the exact location of a proposed pipeline can be better delineated. Mr. Holton suggested maybe changing the time that the plat needs to be recorded since we have many requests to amend that. Meeting adjourned at 5:14 pm. Respectfully submitted, Kristine Ranslem Secretary • 10 Index of Code Changes Page 1 Chapter 23; §23-2-150. Site Plan Violation Process Pages 2-3 Chapter 23; §23-1-90. ROW Contiguity Pages 4-5 Chapter 23; §23-4-190. Temporary Accessory use for office Page 6 Chapter 23; §23-1-80. Official Zoning Map Pages 7-8 Chapter 24; §24-1-40. Division of land by Court or Municipal Action Page 9 Chapter 5; Appendix 5-D Fees Pages 10-13 Chapter 5; Appendix 5-J Fees PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Division 3, Zoning Ordinance DIVISION TO BE MODIFIED: Division 3 SECTION(S) PROPOSED TO BE MODIFIED: Section 23-2- 150 RATIONALE FOR MODIFICATION: Under current code there is no process for staff to bring a Site Plan Review application before the Board of County Commissioners for action if Planning Staff has determined that the applicant / owner failed to comply with any of the provisions found under Chapter 23, Division 3 of the Weld County Code. This addition to the code will allow the Board of County Commissioners to take action on a Site Plan that has not been recorded or has failed to meet the findings found in the Weld County Code. PROPOSED MODIFICATION(S): Sec. 23-2-180. Rescission Procedures. A. When, in the opinion of the Department of Planning Services, an applicant has not met one ( 1 ) or more of the standards requirements of Subsections 23-2-160 A through DD, a hearing shall be scheduled before the Board of County Commissioners. B. The Board of County Commissioners shall hold a public hearing to consider the Site Plan Review (SPR) application and to take final action thereon, if the Planning Staff has determined that the application has not met the standards requirements of Subsections 23-2-160 A through DD above. The Board of County Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the Site Plan Review (SPR) application unless it finds that the applicant has not met one ( 1 ) or more of the standards requirements as listed in Section 23-2-160. C. The Department of Planning Services shall submit to the Board of County Commissioners for review any map required under Section 23-2- 160.W above which does not comply with the approved Site Plan Review (SPR). D. The Department of Planning Services shall submit to the County Clerk and Recorder for recording maps of approved actions required in Section 23-2- 160.W above. E. A resolution setting forth the decision of the Board of County Commissioners shall 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, and the Board of County Commissioners shall arrange for the County Clerk and Recorder's office to record the resolution. The Board of County Commissioners shall also authorize the Chairman to sign the map required in Section 23-2-160.W 1 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Article 1, Zoning Ordinance DIVISION OR ARTICLE TO BE MODIFIED: Article 1 SECTION(S) PROPOSED TO BE MODIFIED: Section 23-1-90 RATIONALE FOR MODIFICATION: This code change reflects a Court decision made several years ago concerning a hog farm and animal units. This change basically states that Right of Way (ROW) does not break up the contiguous land holdings for purposes of determining animal units. The text in red below was interpreted by the Colorado Court of Appeals to mean that an owner can add up all of his or her lands even though they may have been granted under separate deeds and separated by County roads, and the total is then considered to be one"lot." PROPOSED MODIFICATION(S): Sec.23-1-90.Definitions. ANIMAL UNIT: A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements of the A (Agricultural), A-1 (Concentrated Animal), E (Estate) or R-1 (Low- Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION. In the A-I Zone District, the applicant shall specify the maximum number of ANIMAL UNITS and species to be associated with the Livestock Confinement Operation. All Livestock Confinement Operations in the A-1 Zone District require a Site Plan Review and are subject to the Site Plan Review requirements outlined in Article II, Division 3, of this Code. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23.1A, 23.1B, 23.1C and 23.1D below: (Tables here kept the same.) Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four(4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on LOTS less than eighty (80) gross acres; not to exceed six (6) ANIMAL UNITS per acre on LOTS a minimum of one-half('/z) of a Quarter Section and less than three hundred twenty (320) gross acres; not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half ('A) of a Section and less than six hundred forty (640) gross acres; and not to exceed ten (10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger. In the A-1 (Concentrated Animal) Zone District, ANIMAL UNITS shall not exceed the maximum of six (6) ANIMAL UNITS per acre on LOTS a minimum of a Quarter Section and less than three hundred twenty (320) gross acres; not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half ('/2) of a Section and less than six hundred forty (640) gross acres; and not to exceed ten (10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger. one ( 1 ) per acre In the E (Estate) Zone District, ANIMAL UNITS shall not to exceed eight (8) ANIMAL UNITS per LOT. in the E (Estate) Zone District; or In the R- 1 (Low-Density Residential) Zone District, ANIMAL UNITS shall not to exceed two (2) ANIMAL UNITS per LOT in the R 1 (Low Density Residential) Zone District. In determining the number of acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement, or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway. LOT: The basic DEVELOPMENT unit, an area with fixed boundaries, USED or intended to be USED by one ( 1 ) BUILDING and its ACCESSORY USES, STRUCTURES and/or BUILDINGS. A LOT shall not be divided by any public highway, STREET or ALLEY. A LOT must meet the requirements of the zoning district in which it is located and must have access to a PUBLIC STREET or an approved private STREET. The determination as to the property included in a LOT shall be made by the Department of Planning Services. 3 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Article IV, Zoning Ordinance DIVISION OR ARTICLE TO BE MODIFIED: Article IV SECTION(S) PROPOSED TO BE MODIFIED: Section 23-4-190 RATIONALE FOR MODIFICATION: Current code does not define what "temporary" means with respect to offices. The County defines temporary as six (6) months or less and will apply this standard to offices. In addition, this code change will not require a permit for structures associated with a Site Plan Review (SPR) or Use by Special Review (USR). PROPOSED MODIFICATION(S): 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)'- Formatted: Space After: 0 pt, Numbered + Zone District as an OFFICE USE accessory to the USE allowed by right may be permitted upon a Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + determination by the Department of Planning Services that: Indent at: 0.69", No widow/orphan control I . The MANUFACTURED STRUCTURE is necessary for the effective and economic operations • Formatted: 1st para indent, Space After: 0 of the principal USE. pt, Numbered + Level: 1 + Numbering Style: 1, + Start at: 1 + Alignment: Left + 3, ... 2. The MANUFACTURED STRUCTURE will not be used for residential purposes. 2, " Aligned at: 0.69" + Indent at: 1.04", No 3. Adequate water and sewage disposal facilities can be made available to the MOBILE HOME' widow/orphan control or MANUFACTURED STRUCTURE. r Formatted: Space After: 0 pt, Numbered + 4. No reasonable alternative is available to the applicant for an OFFICE USE. Level: 1 + Numbering Style: 1, 2, 3, ... + Start 5. The applicant must obtain a BUILDING permit for the MANUFACTURED STRUCTURE at: 1 + Alignment: Left + Aligned at: 0.69" + ntrol, and comply with all installation standards of Chapter 29 of this Code. Indent at: space betweeno Latin and Asian Don't adjust space Latin and Asian A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the Agricultural Formatted: Space After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start Zone District if such information is already reflected in an approved Site Plan Review or Special Use at: 1 + Alignment: Left + Aligned at: 0.69" + Permit, as determined by the Planner. Indent at: 1.04", No widow/orphan control Formatted: Indent: Left: 0.44", Space After: B. The Department of Planning Services shall make its determination on the basis of a signed, 0 pt, No widow/orphan control statement by the applicant that the conditions of Paragraphs A.1 through A.6 5above are met, upon Formatted: Space After: 0 pt, Numbered + information contained in the application, and upon independent evidence as may be available or Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment:which the staff may reasonably require. Indent at: 0.69", Left Nowi dow/orphan + control, Don't adjust space between Latin and Asian C. A zoning permit for more than one a MANUFACTURED STRUCTURE used as an accessory4 - - — . Formatted: Space After: 0 pt, Numbered + OFFICE unit in the A (Agricultural) Zone District may be issued by the Department of Planning Level: 1 + Numbering Style: A, B, C, ... + Start Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section at: 1 + Alignment: Left + Aligned at: 0.25" + 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 Indent at: 0.69", No widow/orphan control, Don't adjust space between Latin and Asian 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 23-131 Supp. 14 4 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 as ACCESSORY OFFICE USES aro —EMPORARY. The MANU=ACTU'-ED STRUCTURE s la be removes iom tie property upon tie cessation o ' tie USE of tie MANUFACTURED STRUCTURE as an ACCESSORY O=F CE US i. (Wee County Codification Ordnance 2000 ; Wee County Code Ordinance 2002 9; Weld County Code Ordinance 2003 10 Weld County Code Ordinance 2001 5) Formatted: Justified, No widow/orphan D. All MANUFACTURED STUCTURES used as ACCESSORY USES to the principal USE in 1---- Formatted: Space After 0 pt, Numbered + the Agricultural Zone Districts are TEMPORARY and subject to the requirements for Level: 1 + Numbering Style: A, B, C, ... + Start MOBILE HOMES as stated in Article III, Division 3 and Article III, Division 4 of this at: 1 + Alignment: Left + Aligned at: 0.25" + Chapter. The MANUFACTURED STRUCTURE shall be removed from the property upon Indent at: 0.69", No widow/orphan control the cessation of the USE of the 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) ' { Formatted: Justified, No widow/orphan CONSTRUCTION TRAILER: A MANUFACTURED STRUCTURE or COMMERCIAL VEHICLE used Formatted: Indent: Left 0", First line: 0", for other than a TEMPORARY time period for office use or the storage of construction-related plans, `Space After: 0 pt, No widow/orphan control supplies, equipment and related items to be accessed exclusively by Construction personnel. CONSTRUCTION TRAILERS shall comply with requirements set forth in this Chapter, including required zoning SETBACKS and OFFSETS, and shall be installed in accordance with the requirements set forth in Chapter 29 of this Code and adhere to the zoning permit requirements of Section 23-4-190 of the Code. All CONSTRUCTION TRAILERS shall demonstrate that water and sewage disposal facilities are available. ' Formatted: Justified, No widow/orphan MANUFACTURED STRUCTURE: Any factory-assembled STRUCTURE with or without service - Formatted: Indent: Left 0", First line: 0", connections that is not a DWELLING. Space After: opt, No widow/orphan control Formatted: Justified, No widow/orphan CARGO CONTAINER: A receptacle with all of the following characteristics: Formatted: Indent: Left: 0", First line: 0", a. Of a permanent character and accordingly strong enough to be suitable for repeated use, Space After: opt, No widow/orphan control 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. Having a cubic displacement of one thousand (1,000) cubic feet or more. f. A railroad car of any type shall not be considered a CARGO CONTAINER. 23-132 Supp. 14 5 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 23, Article 1 , Zoning Ordinance DIVISION OR ARTICLE TO BE MODIFIED: Article 1 SECTION(S) PROPOSED TO BE MODIFIED: Section 23- 1 -80 RATIONALE FOR MODIFICATION: This code change reflects recognizes that the Official Zoning Map for Weld County shall be placed on the County website in a digital version, which will replace paper copies having to be recorded every year with the Clerk and Recorded. The digital zoning map will be updated frequently through the GIS Department. PROPOSED MODIFICATION(S): Sec. 23-1-80. Implementation procedures. A. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Weld County Zoning Resolution adopted May 29, 1961 , was repealed on August 18, 1981 . The Official Weld County Zoning map in hard copy is replaced with the digitized version of this map that is maintained in joint cooperation with the Weld County Assessor's Office and the Weld County GIS office. The digitized map is available electronically through the County webpage and is recorded in hardcopy -updated periodicallyonce each year. The maps accompanying the repealed Official Weld County Zoning Resolution shall be amended according to the redistricting procedures in Subsection B below. The Weld County Flood Hazard Overlay District Zoning Maps, recorded April 22, 1980, in Book 901 , Reception Numbers 1822844 through 1822908, inclusive; and the Geologic Hazard Area Map of Potential Ground Subsidence Areas in the County recorded May 22, 1978, in Book 832, Reception Number 1754240, are not repealed or amended by this Section. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any violation committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto. 6 PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 24, Article 1 , Subdivision Ordinance DIVISION OR ARTICLE TO BE MODIFIED: Article 1 SECTION(S) PROPOSED TO BE MODIFIED: Section 24- 1 -40 RATIONALE FOR MODIFICATION: This code change makes the Code definition commensurate with the definitions of "subdivision" and "subdivided land" found in C.R.S. § 30-28-101 (1). PROPOSED MODIFICATION(S): Sec. 24-1-40. Definitions. Subdivision or subdivided land: Any parcel of land in the County which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density, or which is divided into two (2) or more parcels, separate interests or interests in common, unless exempted under the following subsections. Interests shall include any and all interests in the surface of land but exclude any and all subsurface interests. Unless the method of disposition of property is adopted for the purpose of evading these subdivision regulations set forth in this Chapter 24, the terms "subdivision " and "subdivided land" shall not apply to any division of land: a. Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five (35) or more acres per interest; b. Which could be created by any court in the State pursuant to the law of eminent domain, or by operation of law, or by order of any court in this State if the Board of County Commissioners is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to entry of the court order; and, if the Board of County Commissioners does not file an appropriate pleading within twenty (20) days after receipt of such notice by the court, then such action may proceed before the court; c. Which is created by a lien, mortgage, deed of trust or any other security instruments; d. Which is created by a security or unit of interest in any investment trust regulated under the laws of the State or any other interest in an investment entity; e. Which creates cemetery lots; f. Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of real property; g. Which is created by the acquisition of an interest in land in the name of a husband and wife or 7 other persons in joint tenancy or as tenants in common, and any such interest shall be deemed as only one(1) interest; h. Which is created by the combination of contiguous parcels of land into one (I) larger parcel. If the resulting parcel is less than thirty-five(35)acres in land area,only one (1)interest in said land shall be allowed. If the resulting parcel is greater than thirty-five(35)acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five (35) or more acres per interest. Easements and rights-of-way shall not be considered interests; i. Which is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this Chapter and any applicable County regulations, the land which the purchaser is to acquire pursuant to the contract; and j. Which is created by agreement to resolve uncertainty, doubt or conflict regarding a common boundary. A boundary may be determined and permanently established by written agreement of all parties affected. The agreement must be signed and acknowledged by each property owner as required for conveyance of real estate.The agreement must be accompanied by a plat showing the resolution of the boundary in question. The plat and agreement shall be recorded as an instrument affecting real estate,and shall be binding upon heirs,successors and assigns. The Board may, pursuant to rules and regulations or by ordinance, exempt from this definition of the terms subdivision and subdivided land any division of land if it determines that such division is not within the purposes of this definition. PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE (WCC) CHAPTER TO BE MODIFIED: Chapter 5 DIVISION, ARTICLE OR APPENDIX TO BE MODIFIED: Appendix 5D RATIONALE FOR MODIFICATION: The current fee schedule does not provide a fee in cases where staff spends time assisting applicants or constituents on novel uses or development that doesn't necessarily fit into the established fee categories. PROPOSED MODIFICATION(S): APPENDIX 5-D WELD COUNTY GOVERNMENT FEES New fee to be added as #39: Service Provided Fee Established 39. Staff time for applicants or constituents that The hourly rate shall be calculated on a full cost propose novel uses or development that does not fit recovery basis of the county's costs for the staff into established fee categories where staff will positions involved in the assistance. The full cost spend 4 or more hours of review, oversight, or recovery rate shall be determined by the Director of assistance. Finance and Administration and shall include salary, fringe benefits, support costs (services and supplies), and indirect costs calculated in accordance with the county-wide cost allocation plan per Federal OMB-87 methodologies. Constituents shall deposit the estimated amount of the costs prior to assistance. The County will draw upon it based on the standard hourly rate for each staff providing the review, oversight, or assistance. The applicant shall be provided copies of the billing five days prior to the cost actually being billed against the account and the applicant. The applicant's sole remedy to appeal any billing shall be to the Board of County Commissioners. The unused portion of the submitted application fee shall be returned to the applicant within 30 days of completion of the development process or if requested. 9 4. C E a o N8 N U a . o> o F. b N M A E. w 7O w C FL O Ccen rn O VI U U o N N N C C o c. o w O V v. =. d N .O i H O O O O O O w O 0 co o C vl 1O 0 C W O d O O 7 V' O O Q O co s. p .. N N O O N coN CD O . C 69 6H 69 6H 6H G# C 6H & O U W U ] U Q z � � W OW ti U co U "" A vi m `n a. F 0 Ct W d W o '" >" y •E iun C7 Q M `w F C. N z N o ] < c qzoen o zz 0 C. 4 .1 N N C wA w C� G. fo O W U, z 0 w o b w a x E 3 G U ~`C vl o - Ct F U 3 a y cOF no v Vl W •-• U a) 1 card %a QA c, L. N U y GL w .n N O C X 0 C X C C c z 4) CA 0 C .E o O oa Q) rg v •o C ., ° O Z oo m o W F 0. CI, ° q .d v Y o w Q U 0 C2 z � 4 g l v U _ O A O - b 'C Q' U C U a.ww m y N-. ..g., :,..- ...,>. 3 o 0 0 a) w > � p - um'� w 'o u y n G 'd a) p `d "v, v O cC ce O - a g "t" r" W . ' 3 C C44a 'w° '8 Co 0 H .-.1 Q .r b [d h .Y p cilG_ N y _ W co) �,w c v o u. " Ca y co '" o o ' O 75 o .a 2 vi o W to 3 3 to E.; cJ A O Fa' �" EU U an r .o 0A° � Mx � C 'o '3 .ev °" F W w O T". •C 0:1 b„lco ai Oy O q G'7 _ t0 b W Z d -C W aKo '� ) o00 0o .a co o o m F O Z al 0 ] 'vDwz ¢ mO -tU U C 'nv, v, x U 0 a rd a .-n I 1 I I I . . . .1 1 1 1 a ✓ 1 1 I 1 G o A A. A o ° > p ca ,o Cd .0 p td ".9i -8 b -8 7j. -8 r p .540 7p '7p 7L z H .0 F F .0 L is a a. is ia � "0 P.o a0 P. 'O od N 0 0 0 0 0 0 0 0 o 6969 6969 6969 6969 O 00 0O O p 0 0 0 0 0 0 O O 0 0 0 0 0 y w vi cn m m ti ea 000 O O O O O a s a s a s a a .4P cD co a6000 as as a a0. as as ,2, .4 a '. — V co co00000 000800 O 0 0 0 O 000 000 000 0 0 0 0 O gC N " in '--i •--' •--i — V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a a a a a O O O O O a 0 0 0 0 0 0 0 co 0 0 O 000 000 000 0000 0 0 in v1 h tn.. 0 0 CI. .-. t to S'-1 SS .a .8 Vi O Cl' N -. '. v-, en en N•--- '+ in r m M .� . y 69 69 6969 69 69 69 69 69 69 69 69 69 6 69 69 ccd O 9 9 69 a y b N a, o 2 > Cl.) N '0 y O mr a 4+ a C cl 8 oC .0 o ❑ o q° M O N Z • cd a C) C) 0 o v F. U csi T cd C by S ❑ ,a. G_ O b N U y a 3 -a v, .0 O O ti X cd 0 « .0 tn Ct w o o o z y 3 � d N 'F ,d' _ —.66 T O , v�" • v C) 0 m m a, 0 O O E a a' O O p .- >', w 7 0 Z cd U 3 " 0 • 3 > `° 0 CA rEN p err a a, ;d 0; v d 0 ° O .v O ° h o y 0 ea C4 E 0 a o ow h 7 w 'O P. ,, .. 0 T v a `"d v c' .)0 C 5 o 0 o . 2 aba, � .o 8 w w a > a° o 1- c ° tib.o E o a a S. 0 ce d En C) ° m y 0 el m X o b a) > E •Ct 2 aA, T C. o a ao •> o - ao aGonoo .ow $ . U '� X qa y a) •c cl N O 0 N b N ❑ N F v .4 w m C Or a p" W A ❑ ��- 0 W vow, p o 4. .0 tE 44, pp ti a O 00 a) a) o V .J s. w -e P. O cd > -0 p, O id a C. O cd .0 a.— G O .ro G G •> v p 'n .��' T q r�' N W W W a. Z w - � 00 .C ooa Ll .0 CZ 0'1 � .0 an a " n o oo E ' > 2 a .° • •'•> 3 t u o u '° cK s x °° °? 3 O 0 al .A .C o 'G, IC .a C •0 ?E .0 73 5 z .k ~iO. ..c 74.5 'O a 6 z 0 d p Q E 7 0 0 0 0 gO 0 O Z ¢¢ a. v) UU.: -.1o0 ; v) Uii. � rn0. Uu. .1..) a: a > r24 (.4 a. a. [- a rxNr, vd N o ., CO . 0 y U -0 ea ea O 1 . I I N I 1 I 0. I I I M 1 I I I I I I W A 1 I 1 vl 1 I I I I \D I I 1 I r- 1 � 4g O• O U .Ny N � w 0 U U U N LL. F �2 1 0U O p. U G b 'O O- F. N C b U9 ,0 P Mg pop p .Y 0 �' .q - O y N ° 0 P. ' O �'O 0 F 0. O14 s c ° U U > 2 a oo o b V c o sA 69• 69 V y 4 .dr u o U 0 y C 7 C ° .0c C o a. O yN. �. .Ly~' 0. 0. ❑ y G U U y y 7 w1 °. 0 0 0 0 0 0 0 0 0 0 0 o 0 0 8 8 8 8 8 & 0 0 0 : ; 0 : ,ti v C = o 0 0 0 .n �n000000 'n o0 P. 000 .aw, G �y '- d � 6000 � c� 0000 � o � 0 00 eeee � oo 'n > VI Vt VI WI M M l� N vl h M co 0 > 6 N O '� F N rn .0 0 o N .. h N vi N MI U N. M F. U_ m 0 0 0 U V c C E 0 U 6 J.. 69 Vi V3 Vs 4s 4s 69 6s 6s Vs 6s 69 6s 59 6s 6s Ertl bs g Ni 69 bs O� 7'E duo —el- en- 3., Vv vs vs sus A3 o - � « ac0 -0p ❑ ❑ 'y o N y cd .4 -O ' U . U .b 3 t zap bq U ° o ° p N 0. N D O• O .r,.y' ca •,,,),..,4 in 3 U b .i O RS ri U ° y o a• 6 9p ro ,O 0 .00' L U H > U y _ ❑ 0 r., 0 .❑ ca .� ❑ .0 F. ° 0 ° O P w 0 .O '❑ o0 0 01 O O w ° N n G 4 o z 0.a, .0 g ¢ N❑ 7 r 0. or: A -2, ° o Lam" w of iy T .7 Oy as O - ,5 w a, .0 0. O U w y b ..0° 'O ccl N N U U ° .,_ U Ly' U W • MU O0 1 ❑ C, 0 >.F c0 � ❑P. N C U0 A U 0 C 4 .. 0 '0 -. N y w HO -a ca 'O ❑ ,0 U > o 0 U 3 w U .� ch V .o = .O ° °y° coi 0 ,rO 0. % o O 3 y P: 0 p O a u a ❑❑ . Y o a c C an I.1 0 0 «.. o C 00 O °' .G A a• s U ° y -o p .0 le:7-1 o p . : p -,. .a. .., o en CI U C y C ❑ 5• IA v ❑ F U o y U y 0 . O C b 3 0 5b w w _ ❑ o „ v) FQU c _ jN . ti C) 0mI ! O ! I N UoQ o . a.. 220CCUio ❑O EO c� q p' U R; p - o 0 >a000•C . CI. I... w = G ▪ U U U c 5'u.. to c x .—o .� o � •- ,0,.. z x G 3 Po U 7 0 0 0 2 0 to coy .0 c�pi 0 3 w O U w w .. ... d. d C = 24 .2 0 3O P. x y y 0 cUi as 9 w C a C C Q C) ?'4 w % 'a fyi yv •G A ' y N itl viz °Ui � 7 td A". U O 0 P. P. P. a. 0.. A w O O '• 2 ❑ s bD a b9 L*. '> 0 'D A by c `6,' ❑ .c U .• 0.• O U b0 00 b0 bq IA 0 ° U al 0tu) CU N cd ❑ ❑ ❑ 11.-; .-Mt, .C ❑ .� 0 O U O U O -Z 0 0 0 00 O 0O 0 0 P0...C❑ 0 O .'U' C 7 C N ^: 0 7 "� '7 > id .U+ .0 Y ° FUNNNN = NFC1 > Q UaSU05 C MPIFP. to CID QC1 .4 ❑ i° Ur2 ° t o a ❑ ; p U V Cn ° a' CC W U 0 U 'Y C ^; (`I m vi co t� < 0 .- 01 6 ry N Op O U () CNN w M N P, CN vO . i o0 O� ^, .-. .-. .-. . . --. . I .— 1 . . . . Q 'p —, N N N 0.A 'O U O N N U N N I II ' >' .0 t 0cn O 0 % 714 „iv) 0 O aS u by ced bo .,0 L~ :9OOO ,e vj N .$ +-+ ea 0 w O =,, (� b . ., .C c�a a; g 'a 'gs" O , .., C as '�' a; a) 0 C F+ ,_' d, 'd cis 'dal' .4 O U O N 0 a p i ° • 0 .0 ° �" C a) �,' . b 0 .� c� vl 'D' •CuO rn a) '. O .._. p C a) F-' 2 • Ac) 40 O a .— .sue �, cd 0 .O . as „n 3 s." a 4.44:4, 4 • as U O -a 0 a) .o t\ ciio tat ai 0 cn O a) ti cl' .� ' .. M 0 'U tom co a 0 bo ' .� 0 0o 0 4, as b a as 0 �. V • 0•4 ct � .� � 'O 0 O C as 0 0 > p. a. O 0 5 a) el O "' rn cd �, >, O P4 b by 41 O as Cc -erg O G v, p" ct C M .� e .g atu .� 4.a ' .c o . -al 1:, t � � Q ' o a.. as 0 r 3 a ' a a N .c r U .--4 0 >, ci,°" `n cd a: a) ct o >, o I.o rip ^ .4 as A mow. o o a, a) � � � asd o c� P v _ 0 a � C -0 0 a 5 aU ° •� ° o o ct A a ••-• oM O �a�i ° o ca p 0 C.) ,., p, O p •., .4 O 14 a bd O v a •as - a . p, 3 0 a) Q) U a ?' A q a .tea a a) a a) > tilt i o a�'+ O .. O p 4i CA � vi ^ 0 b 0 p" C b `.Z"0i >1 �� = 0 3 w H 0 a� .0 O ., a ^ ° •O 0 4-4 b a) UO ._' ,c p -d O U OO .d .C a bo ° 4.4 a) .C cd" 0 0 O O a vi bp .2 0 C U -v 3 as 3 O C ' a, i , 01 �' 0 '0 ^0 p GI .� s . 4.., a a O .fl ''" 3 O O 0 •t 0 4, .2 b 3 .-.. �, O a 3 .� (41:44. • H a) U U U o ° ?' 0 0 > a/11� p, C Q. '� 0 0 0 r b ct a) a: gal ;W •. .a O r r.Rrt .2 b o vn U U U a > 'C •� Op � � � '� ° a a 3booaa) Oa .4 • N bb -a > 4; -� in "C O '� v U . .0 ° as g as y C a) a) a) o as a) > 3 a) - o. ' Qa, �? U a) U o .c 4" L]. 3 3 3 � �cvl b � bo -lo .CCn3 3as �' � O• � oo � a, a) a, ° ._ g a v O o ct • a) •E 0 E .s; .4 .C N •ril0 a) .s~ ft, i .ijk ''w 54 1." �O � 0 •b c+r s 1.. „C 2 4, 4. 0 O O O s-. O O 00 O O V) as a C `n ^' c+-' O O O 0 O p 0 z .C 0.4 .0 0 o .a 'd •;d 0 O U, o .,-. a) a� 'd g p pa,, '� N N N O s., wit' ° Q a cl al y a g �' c� as cdptt ate) 0 a s a 4'' p 0 of 0 0 ad •'~ 'd O a, U O 0 �a' O cA O .` '., .b aS aS as as a) vp 0 0 a -0 O .0 4'' :� U a) .0 a ° '+ E s•y O U U 0 E 03 a a as ° }�?{ ≥ •J ° a .d Q, �1' p talc) vn v .a 4 ♦♦ A s� a aS `� 4.4 O N a .--4 a) b = U p as 0 •.-. ..r .C Cu E " el 0 .?' a bo 4) ct of 0 0 .� - c O 0 O oa a0a; aq Cd g2 'bC 3 > CIet ° a a) aa. as a a Cri 0 0 O w 4) O -0 U c a) cct O •> ._ _• 0 ° O 0 C%) C%) V) 'O s.. b A '• 'd 'd .O▪ OO .4a a .� A O a) 0 as ° 0 4. --" as a 0 a) 0 -b a o a 0 °? — 0 `'--' ;a c� a. C/a �. U o 0 3 -v ° w w fi O Lz.' cttaO •0 v°i cdO cn ~ bU ' ''' I °a3 v tcas CU 0 a) ..6 .o ,., U M N i.., z a) b aS pp '�+ 0 N ,� Oa ,, U.4 C c° a) U Sao °a^ a -a a0i boc4-1p �, asi � 'apc, i. aa .dN3 a) --, aa: a: •-' W w �•, v� b a U O a 0 a) 0 •04 O .d •.. ,� ►.. 0la as }' bbI) 0 4+-. r cn 'b ozs .tea o .o C C 0 >N 0 ^I .�O 3 4 H a t c� O 0 v `� a) �� 0 as a. a 0 •"4 ol .C 0 14 v a a) 3v .� a 0) atz Dull CI •.5p :a -v - E ,., ° 'n 'da) Oas � --" � o •o � ° ii' s aa, 12 ?' cn 0A -da 04� ° O ^� +a Ncn _ ay rte., a) .a a .� .tea .v cd lz 2 O a 0 a O ,.) O .= O a cr e , c 0 '2 0 - e C _ 4y E .9 Y c] () . �, a •d 'tJ f, O C/) s0, 0.' O O s.' a a O U o Q, q O a) O11:1ti) a) a) ,G . or, 0 O OA ca ,d 0 0 cd a >' -o +a a, w -- b ▪ 4 n 0 as a s a •� or; O p2 a. aai a) o .C pa O �, F'' a) S i cal 0 i E"' W N N b N U as b �.' or H as C� v� . A �. U U cd U as as i= A "I N M Hello