HomeMy WebLinkAbout20092098.tiffAttrig
Wilk
COLORADO
Memorandum
TO: Board of County Commissioners
DATE: 9/23/09
FROM: Brad Mueller
Department of Planning Services
RE: Request for Continuance, Ordinance #2009-8
Third Reading Land Use Code Changes
CC: Bruce Barker, County Attorney
Planning Staff requests and recommends that Ordinance #2009-8 concerning a variety of
land use related Code changes, scheduled for Third Reading on Monday, September 28,
2009, be continued to Monday, October 12, 2009.
This request is being made to allow consideration for potential additional changes to the
Code, specifically as it concerns Section 23-1-90 (Definitions, especially the addition of
medical marijuana dispensaries) and Section 23-3-230 (C-3 Zone District, particularly the
additional of dispensaries as a special use). A continuance will allow review and
consideration of these additional changes by the Planning Commission on October 6, 2009.
ORIGINAL DRAFT 9/23/09
CHAPTER 23
Zoning
ARTICLE I
General Provisions
Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
defined in this Section. The following specific words and phrases, when appearing in this Chapter
in uppercase letters, shall have the meanings stated in this Section:
HOME BUSINESS: An incidental USE to the principal permitted USE for gainful
employment of the FAMILY residing on the property, where:
a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY
STRUCTURE and principally carried on by the FAMILY resident therein.
b. Such USE is clearly incidental and secondary to the principal permitted USE and
shall not change the character thereof.
Ordinarily, a A HOME BUSINESS shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary and organized classes where more than six (6)
persons meet together for instruction on a regular basis (does not include classes sponsored by
a PUBLIC SCHOOL).
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment
of the resident therein, where:
a. Such USE is conducted entirely within a PRINCIPAL DWELLING UNIT and
carried on by the residents thereof and no others.
b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling
purposes and shall not change the character thereof.
c. The total area USED inside the DWELLING UNIT for such purposes does not
exceed three hundred (300) square feet.
d. There is no advertising or other indication of the HOME OCCUPATION on the LOT
or any STRUCTURE located on or ADJACENT to the LOT, with the exception that one
(1) nameplate shall be allowed which may display the name of the occupant and/or the
name of the HOME OCCUPATION where such nameplate does not exceed one (1) square
foot in area, shall be nonilluminated and attached flat to the main STRUCTURE or visible
through a window.
e. There is no exterior storage, display or sales of materials, goods, supplies or
equipment related to the operation of such HOME OCCUPATION nor of any highly
explosive or combustible materials.
f. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical
interference or other hazard or nuisance noticeable off the LOT.
g. If a commercial vehicle is associated with the home occupation, refer to Section 23-3-
30 M of this Chapter.
ORIGINAL DRAFT 9/23/09
Ordinarily, a A HOME OCCUPATION shall not be interpreted to include the following: clinic,
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, MEDICAL
MARIJUANA DISPENSARY, mortuary, vehicle or boat repair (including painting), and
organized classes where more than six (6) persons meet together for instruction on a regular basis
(does not include classes sponsored by a PUBLIC SCHOOL).
MEDICAL MARIJUANA DISPENSARY: Means and includes the use of any property or
structure to distribute, transmit, give, dispense, or otherwise provide marijuana in any manner,
in accordance with Section 14, of Article XVIII of the Colorado Constitution.
ARTICLE III
Zone Districts
Division 3
Commercial Zone Districts
Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A. Intent. The purpose of the C-3 Zone District is to establish and preserve areas for activities
which provide goods or services for the benefit of the general public or which require large
amounts of space or high traffic volumes for generating business. The C-3 Zone District shall be
located, designed and operated in a manner that minimizes the undesirable impacts on the area in
which they are located.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. Microwave, COMMERCIAL radio, television or other communication transmission or
relay towers over seventy (70) feet in height (measured from ground level). Commercial
towers subject to the provisions of Section 23-4-800.
2. USES listed as Uses Allowed by Right in the I-1 Industrial Zone District, provided that
the USE is ENCLOSED and SCREENED and that the Commercial Zone District performance
standards contained in Section 23-3-250 below, are met prior to construction and during
operation.
3. OIL AND GAS PRODUCTION FACILITIES.
4. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
5. COMMERCIAL JUNKYARD or salvage YARD.
6. RESEARCH LABORATORY.
7. CEMETERY.
8. RESIDENTIAL THERAPEUTIC CENTER.
ORIGINAL DRAFT 9/23/09
9. WIND GENERATOR(S) 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.
10. MEDICAL MARIJUANA DISPENSARY, except no such use shall be allowed in the
A (Agricultural) Zone District.
Memorandum
lURe
COLORADO
TO: Board of County Commissioners
DATE: 8/26/09
FROM: Brad Mueller
Department of Planning Services
RE: Spring 2009 Code Changes
Work session items
CC: Bruce Barker, County Attorney
The Board has heard recommendations for various Code changes related to planning and
zoning at its First Reading hearing on August 17. A follow up work session was held on
August 24 in preparation for the Second and Third Readings on September 9 and 28.
This memo addresses questions and discussion raised at the August 24 work session.
Modifications to the recommendation considered during the First Reading are proposed in a
couple of cases.
• Determining a "Maior Change" to a USR (and other permitsi. The Code allows for
planning staff to determine whether a proposed change to a Special Use is a "major
change" or not. Commissioners asked what criteria are used to decide this, since a
Major Change triggers the requirement for a full processing. We discussed that these do
require staff's discretion, but typically items that are considered a Major Change are
those that have off -site impacts, result in fundamental changes in the use or location of
structures, are related to safety, or re -open a complicated or controversial aspect of the
use. No changes are proposed to the Code.
• Semi -Trailers as Accessory Storage: Licensing. The Board discussed two aspects of
proposed Section 23-4-900 considering semi -trailers as storage. First, do they really
need to maintain current licensing? Commissioners pointed out the cost of maintaining
vehicle licenses, and the inconsistency with a building for storage, which has no such
requirement.
Staff's position is that it seems unfair to require Derelict Vehicles to be screened,
licensed, or removed, but then not require Semis Used as Storage to do any of the same.
We suspect that there would be citizen complaints about "inconsistency" if semis are not
required to be licensed. Licensing is also consistent with the temporary nature of the use
of semis as storage, as opposed to how building permits imply a certain permanent use
of the structure. As a practical matter, Code Compliance does not check for current
licenses other than when the zoning permit is issued. We recommend that the licensing
requirement remain.
Board of County Commissioners Work Session Follow-up Memo 8/26/09
• Semi -Trailers as Accessory Storage: Use as Signs. Secondly, does the proposed
requirement that semis not be used to display signs prohibit the normal display on the
sides of commercial semis (e.g., "King Soopers")? In the Code's definition of "Portable
Signs" in Section 23-4-75 (which are prohibited in all Districts), it expressly excludes
vehicles that are "used regularly and customarily in the normal day-to-day operation of
the business." We feel this addresses the concern, so no changes are recommended.
• Carqo Containers: Railcars. Staff has verified that the definition of cargo containers does
not include railroad cars. However, the suggestion to add definitive language is a good
one. We propose the following (new in highlight):
Add to Sec. 23-1-90. Definitions.
CARGO CONTAINER: A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for repeated use,
constructed of metal and being airtight and water-resistant.
b. Specially designed to facilitate the carriage of goods, by one (1) or more modes of transport,
one (1) of which shall be by vessels, without intermediate reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer from one (1) mode
of transport to another.
d. So designed to be easy to fill and empty.
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.
• Cargo Containers: Building Permits. The Board also asked whether a Cargo Container
has to be considered a building, and therefore be subjected to a Building Permit. The
adopted International Building Code requires Building Permits of all structures that are
larger than 120 square feet. More recently, the Department has not been requiring tie -
downs for most Cargo Containers (although those in the floodplain likely still would).
However, the Building Permit also allows the County to ensure setbacks are met, as well
as checking for electrical needs, etc. If the Board wanted to change the current
requirement, it would require a change to the adopted IBC, not the Zoning Code.
These items will be discussed at the Second Reading on September 9. Please feel free to
contact me with any questions.
Board of County Commissioners Work Session Follow-up Memo 8/26/09 2
WI�Yc.
Ottit
COLORADO
Memorandum
TO: Board of County Commissioners
DATE: 7.15.09
FROM: Brad Mueller, Long Range Planner
Department of Planning Services
RE: Spring 2009 Code Changes
BCC Copy — PC Recommendation
CC: Bruce Barker, County Attorney
A recommendation for various Code changes related to planning and zoning are proposed. The
Planning Commission makes this recommendation after hearings on June 2 and July 7, 2009.
This memo consolidates the Planning Commission's two recommendations and reiterates the
original analysis provided to the Planning Commission. This is being done to avoid the difficulties
of tracking changes that happened between and at the two PC hearings. The text changes
portion of this memo is exactly the same as in the two Planning Commission Resolutions, but
simply combines them.
Planning Staff regularly maintains a list of potential future Code changes in reaction to
experiences during land use processing, feedback from County landowners, and an overall effort
to improve efficiency and fairness in the Code.
Staff discussed the broad topic areas with the County Commissioners in a work session on
February 23, and in an updated memo on May 18, before proceeding with processing these and
setting up PC hearings.
After the "Overview of Major Topics" section below, the specific text changes to the Code as
recommended by the Planning Commission are listed, indicating additions (highlighted) and/or
deletions (strike through). Prior to seeking Planning Commission's recommendation, the
proposed code revisions were reviewed through a referral process to Planning Staff, the Health
and Public Works departments and the Attorney's Office, with changes made as applicable. A
Staff Report is included separately.
Overview of Major Topics
• New RUA submittal requirements — Board members, in separate work sessions regarding
the application process for new Regional Urbanization Area submittals, requested a more
specific set of submittal requirements. Staff worked with Bruce on these.
• Termination of Use — USRs (administrative vacation). There are dozens of properties with
Special Use Permits that no longer are relevant to the property. There is confusing
guidance in the Code as to how to how long a USR is valid, or how to vacate them. In the
past, these have been brought to the Board for a decision to vacate them. In practice,
neither staff nor landowners pursue these much, because it takes time and proactive effort
to set this up with the Board. The result is that many invalid USRs remain "on the books."
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09
2009-2098
The proposed Code changes create an explicit, administrative process for vacating USRs
when the use has terminated. The process effectively vacates them with a landowner's
concurrence in most cases.
The vacation action is completely different than revocation of special use permit, which is
done when there is probable cause found that the use is being conducted in a manner that
is inconsistent with the approved permit. No changes are proposed to the revocation
process (found at Section 23-2-270), which would continue to result in "probable cause" and
"show cause" hearings before the Board.
The Planning Commission had discussion about removing the clause that defines a use as
terminated after 3 years of non-use, but since that clause is consistent with vesting
regulations in Section 23-8-10, it was left as proposed. Changes were made, however,
between the first and second PC hearings to lessen the burden of a landowner in
responding to the County's request to vacate the Special Use Permit in cases where the use
has terminated.
• Termination of Use — Site Plan Reviews. This section is reorganized, and a provision is
added that requires construction to begin within 3 years (with an option for extension).
• Cargo containers in the Agricultural Zone District. Currently only one cargo container per lot
is allowed in the Agricultural Zone District as an Accessory Use (regardless of lot size or
status). Having more than one per lot currently requires a USR. The proposed changes
continue to allow only one per lot in agricultural subdivisions, but they would also allow up to
two cargo containers on non -subdivision agricultural lots less than 80 acres in size, and up
to five on 80+ acre lots. More than five are already allowed as a Use by Special Review in
Section 23-3-40.AA); revisions are proposed for this Section to reflect the change in
numbers.
• Process Clarifications for Administrative Zoning Permits. A number of changes are
proposed to reorganize the language and clarify the processes for semi -trailers used as
accessory storage, and commercial vehicles. In cases where a process is practiced but not
in the Code (e.g., sending referrals, mailing notices), new language is also added. The
processes remain fundamentally the same, although a clear appeal process to the Board is
created, for the situation where staff denies a request.
• Add a Temporary Seasonal Use Permit. Facilities for the sale of fireworks and Christmas
trees are allowed in the A, C, and I Districts. For the purposes of administration, the
department has instituted a policy requiring a very simple seasonal use permit. Staff
proposes to add simple Code language to support this practice, as well as to include
seasonal fruit and vegetable stands.
• Add Outdoor Storage as a defined use. The Code adequately addresses outdoor storage
when such storage is accessory to the use, such as equipment storage for a manufacturer.
However, when storage is the principal use — such as RV storage, or storage of oil pipes —
the Code is ambiguous. The proposed text corrects this and adds outdoor storage as a use
by right in the C-3, 1-2, and 1-3 Zone Districts.
• Schools & allowing commercial schools in commercial/industrial areas. The current
definition of schools expressly excludes driving schools and dance schools, but none of the
Zone Districts makes allowance then for this type of use. Theoretically, these would not be
allowed anywhere in Weld County. The proposed text changes create three categories of
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 2
schools: PUBLIC SCHOOLS (e.g., typical neighborhood schools); SCHOOLS (more
expansive traditional learning centers, such as universities and private schools); and
COMMERCIAL SCHOOLS (includes narrow trade schools and arts class schools).
This new COMMERCIAL SCHOOLS use is proposed as a use by right in the C-1, C-2, C-3,
and I-1 Districts when limited to indoor instruction only. It is proposed as a Use by Special
Review in the 1-2 and 1-3 Districts.
• Temporary Mobile Homes. The code currently requires a zoning permit for mobile homes in
the Commercial and Industrial Zone Districts, even though a Site Plan Review or Use by
Special Review permit might already specify the location of mobile homes on the site.
Changes are proposed to clarify that a zoning permit generally is not required, unless for a
temporary use that is not part of the general, permanent use. Also, clarifications are
proposed that would allow administrative extension of the temporary use up to two times
beyond the six months otherwise allowed, using an approach that currently exists for
temporary batch plants.
• Cargo containers in the Industrial Zone Districts. Currently it is difficult to interpret whether
and when cargo containers are a use by right in the Industrial Zone Districts. Staff proposes
to make the language explicit that cargo containers are allowed as Accessory Structures in
the most intense Industrial Zone Districts, 1-2 and 1-3.
• BOA rules. The Board of Adjustments adopted new Bylaws on June 28, 2006, which allow
for total membership of five members, with four votes required to reverse staff decisions,
and three votes required to grant a variance. The Zoning Code currently makes reference to
a nine -member BOA, and it requires six votes to both reverse administrative staff decision
and grant variances. Staff will propose language to make the Code consistent with the
Bylaws, which will also make them consistent with the County Charter.
• Time limit to record final plan. While the Code contains time limits for recording a PUD Final
Plan after it has been approved, there are no such time limits for either the basic Minor
Subdivision or Major Subdivision processes. There is no good reason for this different
approach, so staff recommends applying these timelines for basic Minor/Major Subdivisions
as well. This situation also exists for time limits to commence construction on a Final Plan
and for failure to comply with the final plat, so changes are also proposed for Minor/Major
Subdivisions that parallel these requirements for PUDs. While the current Code for PUD's
allows only a 1 -year time frame (with possible Board extensions), the Planning Commission
recommends a change to a 3 -year time limit and that it be applied to all of these similar
sections of the Code.
• Changes to Chapter 26. An update to Chapter 26 is proposed in order to reflect the new
terminology for Mixed Use Development areas to Regional Urbanization Areas. Additional
language is proposed to clarify that the mere presence of a property within an RUA does not
create automatic presumption that non -urban uses, as allowed by existing (ag) zoning, are
somehow incompatible in the Area. Language changes are also proposed to the setbacks
along 1-25 and Highway 119 for clarity and consistency.
Board of County Commissioners Copy Planning Commission Recommendation 7.15 09 3
Proposed Text Changes
Text to be added or changed is highlighted. Text to be omitted is stricken through.
Amend Sec. 22-1-150. Comprehensive Plan amendment procedure.
(Staff Comment: A revision is being requested for Sub -section 5, to better articulate what items are
required in order to submit a Comprehensive Plan amendment that would result in the creation of a
new RUA. The proposed changes to Sub -section 4 are simply made in order to have consistent
language concerning mineral rights notification. This new language is proposed to remove questions
about the applicability of State Statutes.)
Introduction & A - No change.
B. I - B.3. - No change.
B.4.a. Expansion of RUA Boundaries. The proposed application must submit the following:
B. 4. a. (I) - (5). - No change.
6) The written certification of hearing notification to mineral rights owners
required by Section 24 65.5 103.3, C.R.S. Such certification may be
submitted on the date of the initial public hearing referred to in Section 24
65.5 103(1), C.R.S Include a list of mineral rights owners of sub -surface
property located below property subject to the application. Notice of the
hearing will be sent by the applicant at least thirty (30) days prior to the
Planning Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error results
in the failure of mineral rights owner to receive such notification.
B.4.a. (7) — (14). — No change.
B.4.b. Modification to Land Use Classification of Property Already Within the RUA Boundaries.
The proposed application must submit the following:
B.4. b.( I ) - (5). - No change.
6) The written certification of hearing notification to mineral rights owners
required by Section 24 65.5 103.3, C.R.S. Such certification may be
submitted on the date of the initial public hearing referred to in Section 24
65.5 103(1), C.R.S. Include a list of mineral rights owners of sub -surface
property located below property subject to the application. Notice of the
hearing will be sent by the applicant at least thirty (30) days prior to the
Planning Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error results
in the failure of mineral rights owner to receive such notification.
B. 4. b. (7) — (13). — No change.
Board of County Commissioners Copy -- Planning Commission Recommendation 7,15.09 4
B.4.c. Language amendment to the RUA. The proposed application must submit the following:
B.4.c. (1) — (2). — No change.
3) The written certification of hearing notification to mineral rights owners
required by Section 24 65.5-103.3, C.R.S. Such certification may be
submitted on the date of the initial public hearing referred -to-in-Section-2-A-
65.5 103(1), C.R.S. Include a list of mineral rights owners of sub -surface
property located below property subject to the application. Notice of the
hearing will be sent by the applicant at least thirty (30) days prior to the
Planning Commission hearing and shall be submitted prior to the date of the
hearing.: Inadvertent errors by the applicant in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error results
in the failure of mineral rights owner to receive such notification.
B.4.c. (4) - (8). - No change.
5. In the case of an amendment to create a new Regional Urbanization Area, any elements
described above may be required to be submitted, as determined by Planning Services staff
based on the scale, scope. and location of the proposed RUA. the following supporting
documents shall be submitted as a part of the application, except for those items determined
by the Director of Planning Services or the., Board of County, Commissioners to be
unnecessary to a decision on the application:
I) A statement describing why the Comprehensive Plan is in need of revision.
2) A description of any socials :economic, .trr: land use condinpnt Ofthe Couia*y;that. may have
changed, that would support amending the Comprehensive Plan.:
3) A statement describing how the proposed amendment will be consistent with existing and
future goals, policies, and needs of the County, including those for an RUA as described
m this Chapter 22 (Comprehensive Plan).
4): ,Demonstrate, through supporting documentation, how the proposed comprehensive plan
amendment for a new RUA willaddress the impact on existing or planned service
capabilities including, but not limited to, roads, storm water, and emergency services.
5)E:.E Demonstrate through supporting documentation:hoW.theproposed RUA will address the
impacts on the natural environment.
6) Delineate the number of people -who will reside and work in the proposed area and the
numbetofjobs created by the proposed RUA. This statement shall include the number of
school aged children and address the social service provision needs, such as schools, of
the proposed population.
7) Include a certified list of the names, addresses and the corresponding parcel identification
numbers assigned by the County Assessor to the owners of property of the surface estate
within One thousand (1,000) feet of the property subject to the application. The source of
such list shall befrom the records of the County Assessor, or an ownership update from a
title abstract company or attorney derived from such records or from the records of the
County Clerk and Recorder. If the list was assembled from the records of the County
Assessor, the applicant shall certify that such list was assembled withthirty (30) days of
Board of County_Cenunissionerss Copy - Planning Commission Recommendation 7.15,09 5
the application submission date. 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 hearing process, even if such error results in thefailure of a
surrounding property owner to receive such notification.
8) Include a list of mineral. rights owners of sub -surface property located below parcels
located within the proposed RUA.. Notice of the hearing will be sent by the applicant at
least thirty (30) days prior to the Planning Commission hearing and shall be submitted
prior to thedate ofthe heating, Inadvertent errors by the applicant in sending such notice
shall not create a jurisdictional defect in the hearing process, even if such error results in
the failure of mineral rights owner to receive such notification.
9) Outline the proposed uses within the proposed RUA, including the maximum number of
dwelling units, amount of commercial and industrial space, and percentage of open space
projected for that area.
10) Submit a deed orlegal .instrument to the Department. of Planning: Services identifying the
applicant's interest in the property.
11) Demonstrate that the site can be serviced by public water and s taryse*erservice that
is adequate for the proposed use.
12jj Include a prepared: pretiminary..traftic impact analysis. Al traffic analysis information
and reports shall be prepared and certified by a. Colorado registered professional engineer
competent in traffic engineering and shall address impacts to on -site and off -site
roadways including strategic roadways within Weld County, State Highways and
Interstate Highways. The intent of this analysis is to determine the project's cumulative
development impacts, .appropriate project mitigation and improvements necessary to
offset a specific project's impacts. This analysis shall include the following information:
a. . Introduction: Describe the proposed development and parameters of the study area,
including off -site roadways.
b. Trip generation: Determine daily and a.m. and .p.m. peak -hour trip generation for. the
proposed development using established rates identified in the Trip Generation
Manual published by the Institute of Trans Engi
neers En eers or as agreed to by
County Engineering. Staff.
c. Trip distribution:. Based on assumptions contained in the RUA area traffic analysis
or market estimate, describe the anticipated trip distribution patterns for the proposed
development.
d.. Trip assignment:. Based on the projected trip generation,assumed trip distribution
and the prevailing roadway network, assign the projected traffic to the intersections
and streets within the study area.
e. Any reasonable additional information.deemednecessary for review.
13) Include a preliminary Drainage Study:: All drainage analysis information and reports shall
be prepared and certified by a Colorado registered professional engineer competent in the
hydraulic engineering and shall address impacts to on -site and off -site drainage ways
within Weld County, and the surrounding area. The intent of this analysis is to determine
Board of County Commissioners Copy -- Planning. Commission Recommendation 7.15.09 6
the project's cumulative development impacts, appropriate project mitigation and
improvements necessary to offset a specific project's impacts.
14) Goals and Policies for the new RUA. Such Goals and Policies should establish the nature
and character of future development proposals, and they should include the criteria used
to evaluate future land use applications in the RUA. Because each RUA is unique and
different, consult with staff about what form would be best for this section.
15) RUA map, showing generalized targeted planning areas and uses; key transportation
corridors; general service facilities such as schools, emergency service centers, and parks;
and any other elements determined by staff.
16) Other supporting information or documentation as deemed necessary by the County.
B.6 — B.12. — No change.
Amend Section 23-1-90. Definitions.
(Staff Comment: Proposed definition allows for truck, dance, and other non-traditional schools.
Outdoor Storage is proposed to account more directly for a common land use.)
No numbering changes or omission of any terms, but insert these alphabetically:
COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business, trade,
commercial, industrial, clerical, managerial, or artistic skills, such as a beauty SCHOOL, ceramic
store, or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated
privately for profit and that do not typically offer a complete educational curriculum. This
classification excludes establishments that provide training in an activity that is not otherwise
generally permitted in the zone district. Incidental instructional services in conjunction with another
primary use shall not be considered a COMMERCIAL SCHOOL.
OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use, preservation, or
disposal, and associated with land USES such as the sales, rental, distribution, or wholesale sale of
products, supplies, and/or equipment.
SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL,
community college, junior college, college or university; an independent or parochial SCHOOL which
satisfies the compulsory SCHOOL attendance requirements appearing in the School Attendance Law
of 1963, Article 33 of Title 22, C.R.S.; but the word SCHOOL does not include dance SCHOOLS or
driving SCHOOLS. or a COMMERCIAL SCHOOL, as defined herein.
Amend Section 23-2-150. Intent and applicability.
(Staff Comment: This amendment simply moves an existing clause to a newly proposed Section 23-2-
170. This new section is designed to explain the type of change — "major" or not major.)
A — J. No change. Re -letter "M" to be "L".
K. Applications for a Site Plan Review located in the Mixed Use Development area a Regional
Urbanization Area shall adhere to any and all applicable regulations in Chapter 19 and any other
County ordinance in effect.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 7
L. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review
map. Major changes from the approved Site Plan Review map shall require the approval of
an amendment of the Site Plan Review map by the Department of Planning Services. The
Department of Planning Services is responsible for determining whether a major change
exists. Any changes shall be filed in the Department of Planning Services with the Site Plan
Review file. The applicant or owner shall submit an Improvements Agreement agreeing to
construct the required improvements as shown in the application, plans and other supporting
documents. The Agreement shall be made in conformance with the County policy on
collateral for improvements. The Agreement shall be approved by the Board prior to
recording the final exhibit or plat, if applicable.
M. Omit.
Add new Section 23-2-170. Changes & Termination of Use
(Staff Comment: This new section is designed to create a clear sub -section dealing with changes to
SPRs. It explains the type of change — "major" or not major. It also requires that construction
begin, and continual progress he made, within 3 years, or the Site Plan Review terminates. This
prohibits construction from happening years later, based on outdated assumptions.)
A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map
and the approved use and type of occupancy. Major changes from the approved Site Plan Review
map, USE, or type of occupancy shall require the approval of an amended Site Plan Review by
the Department of Planning Services. The Department of Planning Services is responsible for
determining whether a major change exists, in which, case a Site Plan Review application
and processing shall be required. Any other changes shall be filed in the Department of Planning
Services in the approved Site Plan Review file.
13. Construction pursuant to approval of a Site Plan Review shall be commenced, and continual
progress made, within three (3) years from the date of approval, or the approval shall terminate.
The Director of Planning Services may grant an extension of time, for good cause shown, upon a
written request by the landowner.
Amend Section 23-2-200. Intent and applicability.
(Staff Comment: Staffregularly uses the industrial and commercial standards when creating Use by
Special Review Development Standards and Conditions of Approval for industrial/commercial uses
located in the Agricultural Zone District. Though arguably implied, the current Code does not
explicitly allow this, and the proposed language in Sub -Section A would resolve any uncertainty.
Also, Sub -Sections E and G are related w the uses and termination of USRs, so they are proposed to
he relocated and integrated into a new Section 23-2-290., "Termination of Use." Note that a
termination of use and vacation of the USR is different than a revocation of the USR, as already
prescribed by Section 23-2-270.)
A. Uses by Special Review are USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed By Right in a particular zone district. Therefore,
Uses by Special Review require additional consideration to ensure that they are established and
operated in a manner that is compatible with existing and planned land USES in the
NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the
application to a Use by Special Review of Performance, Design and Operations Standards listed both
herein and for applicable USES from any zone district, are is -designed to protect and promote the
health, safety, convenience and general welfare of the present and future residents of the COUNTY.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 8
B — D. No changes.
E. If the Use by Special Review has not commenced within three (3) years from the date of approval
or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The
COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to
commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it
shall be necessary to follow the procedures and requirements of this Section in order to reestablish any
Use by Special Review.
E. Applications for Special Review Permits shall be completed as set forth in Section 23-2-260.
The complete application and application fees shall be submitted to the Department of Planning
Services.
G. Any decrease in the land mass occupied by a Use by Special Review shall qualify the landowner to
be able to request a partial vacation of the Use by Special Review from the Board of County
Commissioners, permitting the following:
1. The subject property under consideration for a partial vacation of the Use by Special Review
has received permission to release the property from the permit from applicable County and State
agencies. An example would be the release of a portion of a gravel mining operation from the
Colorado State Division of Mining Reclamation and Safety at the completion of the reclamation
activities on the subject property. Evidence of such release shall be provided to the Department of
Planning Services with the request to vacate such portion of the property.
2. This process does not create separate parcels.
3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall:
a. Submit a letter to the Department of Planning Services requesting the partial vacation.
b. Submit a revised map to the Department of Planning Services illustrating the vacated portion of
the property and the existing permit.
4. Upon determination of compliance with the original Use by Special Review permit and all
applicable applications, this Chapter and Chapter 29 of this Code by the Department of Planning
Services, the applicant shall be granted a partial vacation of the Use by Special Review permit.
5. Once approved, the applicant must submit a plat conforming to Section 23 2 260 D of this
Code. This plat shall illustrate the vacated portions of the property/operation. The plat shall contain
two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The
second shall illustrate the use boundary after the partial vacation.
#4 F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements, as shown in the applicant application, plans and other supporting documents.
The agreement shall be made in conformance with the County policy on collateral for improvements.
The agreement shall be approved by the Board prior to recording the final exhibit or plat, if applicable.
Revised Section 23-2-280. Changes to a Special Review Permit.
(Staff Comment: This section currently defines how "major changes"— and those that are not major
changes -- are handled. Because a partial vacation ofthe USR is a type of change to the Special Use
Permit, it is appropriate to move this information from Section 23-2-200. The new proposed "B"
sub -section is only re -located. By moving this, all of the regulations concerning use, change of use,
Board of County Commissioners Copy -- Planning Commission Recommendation 7:15.09 9
and termination of use are now consolidated at the back of the overall USR section. Currently, this
information is scattered throughout the section.)
A. Any approved Special Review Permit shall be limited to the items shown on the Special Review
plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved
Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall
require the review of an amendment to the permit by the Planning Commission and approval by the
Board of County Commissioners before such changes from the plan map or DEVELOPMENT
STANDARDS are permitted. The Department of Planning Services is responsible for determining
whether a major change exists. Any other changes shall be filed with the Department of Planning
Services with the approved Special Review Permit.
B. Any decrease in the land mass occupied by a Use by Special Review shall qualify the landowner to
be able to request a partial vacation of the Use by Special Review from the Board of County
Commissioners, permitting the following:
1. The subject property under consideration for a partial vacation of the Use by Special Review
has received permission to release the property from the permit from applicable County and State
agencies. An example would be the release of a portion of a gravel mining operation from the
Colorado State Division of Mining Reclamation and Safety at the completion of the reclamation
activities on the subject property. Evidence of such release shall be provided to the Department of
Planning Services with the request to vacate such portion of the property.
2. This process does not create separate parcels.
3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall:
a. Submit a letter to the Department of Planning Services requesting the partial vacation.
b. Submit a revised map to the Department of Planning Services illustrating the vacated portion of
the property and the existing permit.
4. Upon determination of compliance with the original Use by Special Review permit and all
applicable applications, this Chapter and Chapter 29 of this Code by the Department of Planning
Services, the applicant shall be granted a partial vacation of the Use by Special Review permit.
5. Once approved, the applicant must submit a plat conforming to Section 23-2-260 D of this
Code, This plat shall illustrate the vacated portions of the property/operation. The plat shall contain
two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The
second shall illustrate the use boundary after the partial vacation.
Add new Section 23-2-290. Termination of Use
(Staff Comment: Planning Commission is asked to reconsider the USR processing. This Section is
proposed in order to define when USRs terminate, claming a "use it or lose it" condition for the
Special Use Permit, consistent with vesting rules. The goal of this new section is to have USRs
terminate automatically and administratively, when there is landowner consent or when no
landowner contact can he established, so that the process in these cases does not require a Board
hearing. This will save on the cost of government in administering hearings.
Situations where there is not landowner consent allow for a County Commissioner hearing, where the
applicant can attempt to show that the USE has not terminated. [Note that this is different than a
situation where the Development Standards are not being met, which results in a violation and
revocation under the authority of Section 23-2-270. It is only in these cases that the probable
Board of County Commissioners Copy - Planning Commission Recommendation 7.15.09 10
cause/show cause process is utilized.] Upon termination, staff can take administrative action to
vacate the plan, and a simple standard Resolution is presented to the Board.)
A Construction or USE pursuant to approval of. g Special Use - Permit shall be commenced within
thtoe.(3) years from' the date of approval, unless otherwise specified by the Board when issuing the
original Permit, or the Permit shall .be vacated The Director of Planning Services may grant an
extension of time, for good cause shown, upon a written request by t#tclandowner.
B. A Special Use shall terminate when the USE, is discontinued for a period of three (3) consecutive
Years, the USE of the land changes, or when the time period established by the Board -through the
approval process expires: The landowner may notify. Planning Services of a termination of the USE,
or 'Planning Services staff may observe that the USE has been terminated. When either Planning
Services is notified by the landowner, or when Planning. Services observes that the USE may have
been terminated, the :Planner shall send certified written notice to the landowner asking that the
landowner request to vacate the Special Use Permit.
C. In such cases where the landowner agrees to request to• vacate the Special Use Permit, such
vacation may be done. administratively. In such cases where the landowner does not respond, after
original certified::written.:notice, and after a second written certified notice sent no sooner than thirty
(30) days after the mailing of.:;the first notice, then the::: SpecialUse:: Permit may also be vacated
administratively.
D. In such cases where the Special Use has terminated, but the landowrier.does not agree to request
to vacate the Special Use Permit, a meeting shall be scheduled with the Board of County
commissioners to Provide the landowner an opportunity to request that the Special Use permit not be
vacated, for good cause shown... If the Board determines that the Special Use has terminated and no
good cause has been shown for continuing the Perms then the termination becomes final and the
Special Use permit is vacated.
E:. County staff shalldraft a Board resolution setting forth the determination that a Special Use is
terminated. Record of such action. and a copyof the resolution will be kept in the files of the Clerk to
the Board. The Board of County:Commissioners shall arrangefor the Clerk to the Board to record the
resolution.
F, :Special Use Permit Plan Maps. Termination of a:use.abal1 allow the Special Use Permit; and the
Special UsePermit Plan Map,; to headministratively:vacated from county documents. If a Special Use
Permit: Plan Map is vacated because the Special Use Permit was revoked due to non-compliance with
the. Permit;: map or DEVELOPMENT:STANDARDS, the vacation shall be processed as described in
Section 23-2-270 above. If a partial Vacation is proposed because of a decrease in the land mass, it
shall be processed as described:. in Section 23-24110,11 - Changes to a Special Review Permit.
Amend Section 23-3-20. Uses by Right
(Staff Comment: Add permit reference for temporary use permits in A Zone District.)
A — W. No change.
X. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of
fireworks and Christmas trees, subject to the permit reilui_lements of Article IV, Division 7'oftis
Chapter, except as allowed without a permit per Section 23-3=2Q:D.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 1 I
Amend Section 23-3-30. Accessory uses.
(Staff Comment. Changes are proposed to cargo containers — which do not require a zoning permit — to
allow for more of them in small agricultural lots and larger agricultural lots. Text changes are proposed
to the use of semi -trailers as accessory storage — which do require a zoning permit — in order to make it
easier to understand. Other changes are proposed in the code, to Sections 23-4-165 and 23-4-900, to
make the overall permitting process easier to understand for semi -trailers used as storage. Text changes
proposed to the description of commercial vehicles are only for clarity and consistency, although the
Board has requested that other, substantive changes he considered. These are still being researched and
will be discussed with the Board separately)
A — J. No change.
K. Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory
STRUCTURE in the A (Agricultural) Zone District may be allowed permitted 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 Section 23-3-40.AA (Use by Special Review).
A cargo container used for storage 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 for storage.
2. The cargo container used for storage will not be used on any basis as a DWELLING or as
overnight or temporary housing for any person.
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
making it unmovable.
5. A cargo container used for storage 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 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 site.
6. A cargo container used 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. Up to two (2) semi trailers may be used for 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. ( One [I] 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, may be permitted according to
the procedure and zoning permit requirements outlined in Section 23 4 165 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
planfiled 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 Section 23-3-40.0 (Use by Special Review).
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 12
M. COMMERCIAL VEHICLES. Parking and operation of one [I] 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 23-4-165 23-4-950 of this
Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may 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. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on free}
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.
When the property is located within an approved or recorded subdivision, or part of a LOT which is part of
a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be
permitted through Section 23 1 950 of this Code. No additional COMMERCIAL VEHICLES are allowed,
unless part of a commercial or industrial USE otherwise permitted by Section 23-3-40.8 (Uses by special
review) of this Chapter.
N. No change.
Amend Section 23-3-40. Uses by special review.
(Staff Comment: Within the A Zone District, these proposed changes correct discrepancies in the
animal training and boarding description. They also eliminate an existing definitional requirement
about compatibility, since it is impossible to determine that outside of the USR process.)
A. No change.
B. Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including:
/ — 9. No change.
10. ANIMAL BOARDING and Animal training and boarding facilities animal TRAINING
FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-
3-50.D is exceeded or when the use adversely impacts surrounding properties, including
noise, odor, lighting or glare, traffic congestion or trash accumulation. 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.
C — P. No change.
Q. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in
Section 23 3 50.D below are exceeded and/or the traffic that is generated by the boarding
activity exceeds sixty (60) trips per day to and from the property. Deleted.
R — Z. No change.
AA. More than one (1) the number of cargo containers allowed as a use by right per legal lot or
parcel.
BB — DD. No change.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 13
Amend Section 23-3-210. C-1 (Neighborhood Commercial) Zone District
(Staff Comment: Add permit reference for temporary use permits in C-1, C-2, & C-3 Zone Districts.
Also, propose to add new Commercial Schools use.)
A. No change.
B. Uses Allowed by Right
1 — 3. No change.
4. COMMERCIAL SCHOOLS, limited to indoor: instruction.
4 8. Re -numbered 5 - 9.
'4: 10. 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.
1.0.-11: •Re -numbered
Amend Section 23-3-230. C-3 (Business Commercial) Zone District
(Staff Comment: Propose to add new Outdoor Storage as a Use by Right.)
A. No change.
B. Uses Allowed by Right
1-14. No change.
13. OUTDOOR STORAGE, when SCREENED from public nghts-0t'way and ADJACENT
properties.
Amend Section 23-3-240. C-4 (Highway Commercial) Lone District
(Staff Comment: Add permit reference for temporary use permits in C-4 Zone District.)
A. No change.
B. Uses Allowed by Right
1-6. No change.
7. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the
sale of fireworks and Christmas trees, subject to the permit requirementsof Article IV,
Division 7 of this Chapter.
8. No change.
Board of County Commissioners Copy Planning Commission Recommendation 7.15.04 14
Amend Section 23-3-310. I-1 (Industrial) Zone District.
(Staff Comment: Add permit reference for temporary use permits in I-1 Zone District. Also, propose to
add new Commercial Schools use.)
A. No change.
B. Uses Allowed by Right.
1— S. No change.
6. COMMERCIAL SCHOOLS, limited to uildoar ifsttuction
6 — 7. Renumbered 7 —. 8.
8, 9. TEMPORARY seasonal uses, iinchldifg 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.
9. Renumbered 10.
Amend Section 23-3-320. 1-2 (Industrial) Zone District.
(Staff Comment: Add Outdoor Storage and cargo containers to 1-2. Add permit reference for
temporary use permits in 1-2 Zone District. Also, propose to add new Commercial Schools use as
Special Use Permit.)
A. No change.
B. Uses Allowed by Right.
1— 7. No change.
8. 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.
9. No change.
1fl.: OUTDOOR `ORAL E.,when SORa ED i+or public rigii
properties.
C. Accessory Uses.
1 — 6. No change.
7. Cargo containers.
D. Uses by Special Review.
I — 13. No change.
14. COMMERCIAL SCHOOLS.
ACENt
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 15
Amend Section 23-3-330. I-3 (Industrial) Zone District.
(Staff Comment: Add Outdoor Storage and cargo containers to 1-3. Add permit reference for
temporary use permits in 1-3 Zone District. Also, propose to add new Commercial Schools use as
Special Use Permit.)
A. No change.
B. Uses Allowed by Right.
1— 8. No change.
9. Temporary 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.
10. No change
11. OUTDOOR STORAGE, when SCREENED from public rights-ol
properties.
C. Accessory Uses.
1 — 6. No change.
7. Cargo containers.
D. Uses by Special Review.
1 — 14. No change.
15. COMMERCIAL SCHOOLS.
id ADJACENT
Delete all of Section 23-4-165. Use of semi -trailers as accessory storage.
(StaffComments: This section is proposed to be moved to Article IV, Division 10 ("Storage ofSemi-
Trailers"), where it is better suited. These regulations are easy to overlook in it current Division,
which addresses mobile homes, not semi -trailers.)
A. One (1) semi trailer used as accessory storage 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 may be permitted for the purpose of storing agricultural goods and
nonagricultural goods inside the unit, upon a determination that:
I. Electricity is the only utility which will be connected to the semi trailer used for accessory storage.
2. The semi trailer used for accessory storage will not be used on any basis as a DWELLING or as
overnight or temporary housing for any person.
3. The semi trailer used for accessory storage will maintain current licensing.
1. The property upon which the semi trailer used for accessory storage is located is a LEGAL LOT.
5. No structural component of the semi trailer used for accessory storage will be removed and thereby
result in the semi trailer being unmovable.
Board of County Commissioners Copy — Planning Commission Recommendation 7.15.0) 16
6. The semi trailer used for accessory storage will not be allowed to deteriorate into a state of disrepair.
Such disrepair would include, but not be limited to, a semi trailer for accessory storage partially or totally
damaged by fire, earthquake, wind or other natural causes, or a semi trailer in a state of general
dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with
vermin or rodents. Any such semi trailer shall be restored to and maintained in the original condition upon
being placed on the site or shall be remos ed from the site.
7. The semi trailer used for accessory storage will be removed from the property upon cessation of
such USE.
8. The semi trailer used for accessory storage will not in any manner be used to display signs.
B. This zoning permit shall not be transferable by the applicant and/or owner to any successor; the zoning
permit shall terminate automatically upon conveyance or lease of the property.
C. A zoning permit for one (1) semi trailer for accessory storage 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, may be issued by the Department of Planning Services upon the
determination that the criteria of this Section are met. If the applicant is not able to meet the criteria
stated in this Section, the Board of County Commissioners shall review the application for
compliance with the criteria set out in this Section 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 one (1) semi trailer for
accessory storage has been requested for the property, the meeting date and a telephone number
where further information may be obtained. The sign shall be posted at least ten (10) days prior to
the meeting date and evidenced with a photograph. The Board of County Commissioners shall
consider any testimony of surrounding property owners concerning the effects of the semi trailer for
accessory storage on the surrounding properties. In addition, the Board of County Commissioners
shall consider compatibility of the semi trailer for accessory storage 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.
Revise title only: Article IV Supplementary District Regulations & Zoning Permits
(Staff Comment: Proposed for clarification.)
Revise Section 23-4-220. Mobile homes in C or I Zone District.
(Staff Comments: Changes are proposed to avoid requiring a separate mobile home permit, when a
Site Plan or Special Use Permit always is already existing or being created. Other changes allow for
the administrative extension of temporary mobile homes in these districts.)
A. A zoning permit for the USE of one (1) MOBILE HOME may be permitted as an ACCESSORY
USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts upon a
determination by the Department of Planning Services that:
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 17
I . The MOBILE HOME is necessary for the effective and economic operation of the business,
COMMERCIAL or industrial activity.
2. The MOBILE HOME will not be used for residential purposes other than for the purpose of
the protection or control of the principal USE.
3. Adequate water and sewage disposal facilities are available to the MOBILE HOME.
4. The applicant must obtain a BUILDING permit for the MOBILE HOME and comply with the
installation standards of Chapter 29 of this Code.
A`zo.ning permit shall not be required for. a• MOBILE H0ME..in the Commercial or Industrial
Zone District, if such information is already reflected in an approved Site Plan Review or Special
Use Permit, as determined by the Planner.
B — C. No change.
D. All MOBILE HOMES as ACCESSORY USES to the principal USE in C or I 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 MOBILE HOME shall be removed from the
property upon the cessation of the USE of the MOBILE HOME 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 oftheDirector of Planning Services up to two
(2) times,: and thereafter by the Board of County Commisstoners:.
Add. new Di isiot4 7: Temporary S.easenet Uses
(Staff Comments: New section is proposed in order to cods a process that is currently done by
policy only, regarding fruit/vegetable stands, fireworks and Christmas tree sales.)
Add new. Section 23-4-500. Intent and applicability
(Staff Comment: New for temporary seasonal use permits.)
The intent of the Temporary ,Seasonal .Use procedure is to provide an administrative process for the
regulation of seasonal uses and accessory structures, including fruit and vegetable stands, and those for
the sale of fireworks. or Christmas trees. Other similar temporary seasona' uses may be approved by
the Director. of Planning Services.
Add .new ;.Section `,23.4510: Dutiesof. the DepartimentlofPlowing Services
(Staff Comment: New text to clarify the processing of temporary seasonal use permits. Planning
Commission recommended after the July hearing that appeals go to the County Commissioners rather
than the Board of Appeals. Doing so would be consistent with how other administrative zoning
permits are handled)
A. The applicant shall submit the applicatiMi fee and information required herein to the Department
of Planning Services: The submittal shall be reviewed for completeness and the applicant notified
of any inadequacies. Once .the submittal is determined complete, Planning staff and other
agencies such as the Departrnent of Public Works, the affected fire district, the Colorado
Department of Transportation, and the Department of Public Health and Environment shall review
the submittal.
B. After review and comment by the review agencies, the Department of Planning Services shall
make final determination of approval or denial of the permit. Such determination shall be made
Board ofCounty::Commissioners Copy-- Planning Commission:RecommeidaflOn 7.15.09 18
based on its conformance with Chapter f of this Code and any other applicable code provision or
ordinance in effect, sound land use planning practices, comments received from agencies to which
the proposal was referred, and standards contained in this Chapter.
C. lftheDepartmentof Planning Services denies the Eermit,3he apPlieant may appeal, in writing to
the Director of Planning Services, within ten (10) days ofreceipt the denial notice. A meeting
shall be scheduled with the $oard of County Commissioners to provide the landowner an
opportunity to appeal the denial, for good cause, shown. if the.iandowpet does not submit a
written appeal, the denial becomes final.
Add new. Section 23-4-520. Application requirements for temporary seasonal use Peimit
(Staff Comment: New text to outline temporary seasonal use permits.)
The following supporting documentation shall besubmitted:as:n.:part Ofthe applic$tit t't.
. A TEMPORARY seasonal use permit application form provided by the Deepartmentof 'li ltng
Services:
A .:.of a deed :.or..legal instrument identifying the applicant'sinterest in the property under
.............
c ITh.i_ ... On.
etailed.descfiptigtt ofthe 'pr+pposed USE, including,the location of proposed parking areas or
g'lots; and:evidence:that:the.;VSE meets the requirements of the zone district.
U:. Evidence that the USE shall haven't adequate soiree of potable water.
E.:::Eviidence that the USE in the zone district shall have adequate sewage disposal facilities, which
may include TEMPORARY sewage disposal facilities (i:e., portable toilets), as determined by the
Department of Public Health and Environment.
F:.: 'A Completed County Road Access Information Sheet provided by the Department of Planning
Services.
G. The. number of employees associated with the USE.
H. A generalized sketch map drawn ona sheet of paper eight and one-half (8 1/2) inches by eleven
(11:)inches. The .sketck» ap shall be :legible and include the following information:
l'. The boundary.of the property.
2.' The boundary of the proposed USE.
3 '' A north arrow.
iC The location of all existing andproposed. driveways and accesses associated with the
parking lots.
5; `.:.The names of any existing roads. or highways abutting the proposed property.
All existing structures on the proposed property,: located in proximity to the proposed
IJ SE.
7... All easements or rights -of -way located on the proposed property.
8. Location of sewage disposal facilities.
Board. of County Commissioners Copy -- Planning, Commission Recommendation 7.15 09 i 9
Revise Division 10 Storage of Semi -Trailers Its : Accessory Storage
(Staff Comment: Change to title in order to reflect use of semi -trailers as storage, not storage of
semi -trailers)
add new Section 23-4.900. Intent and Applicability
(Staff Comment: This section is the relocated Section 23-4-165 and contains changes to help with
clarity. Other clauses from Section 23-4-165 are relocated to Sections 23-4-910 and -920 below.)
A. One (1) semi -trailer used as accessory storage on lots in an approved or recorded subdivision plat, or
LOTS which are part ofa map or plan filed prior to the adoption of any regulations controlling subdivisions in
the A (Agricultural) Zone District may be permitted through issuance of Permit for Semi -Trailer as Accessory
Storage. (No zoning permit is required for up to two [21 semii-trailers used for 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. Additional semi-
trailers used as accessorystorage may be allowed on various other lot sizes and_types, as described in Section
23.3-40.0 [Use by Special Review]);
B. When:.required;:a Zoning Permit for a Seri -Trailer as Accessory Storage may be permitted for the
purpose Of Storing.agneultural goods arid nonagricultural goods inside the...unit upon a determination that:
l ...Electricity is the only utility which will be connected to the semi -trailer used for accessory storage.
2.. The semi -trailer used for accessory storage will not be used On any basis as a DWELLING or as
overnight or temporary housing for any person.
3: The semi -trailer used for accessory storage will maintain current licensing
4... The:property upon which the semi -trailer used for accessory: rage. is loo : iltt:. LEGAL LOT.
5.:: No structural component of the semi -trailer used for accessoiystorage will be removed and thereby
resultin the semi -trailer being unmovable.
6: :Thesemi-trailer used for accessorystorage:willnotbe allowed to deteriorate into a state of di pair.
Such disrepair would include, but not be limited to, a semi=trailer for accessory storage partially or totally
damaged by fire, earthquake, wind Or other natural causes, or a semi -trailer in a state of general
dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with
vermin: or. rodents.: Any such semi -trailer Shall be restored to and maintained in the original condition upon
being placed on the site or shall be removedfrom the site..
7. The semi -trailer used for accessory storage will be.remove.d m the property upon cessation of
such USE.
8. The semi -trailer used for accessory storage will not: in: any.: manner be ° used _to:display :signs.
9. The semi -trailer used for accessory storage is compatible with the. surrounding ar
Board :ofCoutity:Commissioners <Copy -- Planning Commission Recommendation 7.1.5.09 20
Re -number and .Revise : Section 234.900:: to 234-910. Semi -trailers accessory storage paribit
requirements.
(StaffComment: Re -numbers the section and makes minor revision to the permit reference. Proposed
Item .1 is relocated from Section 23-4-165 and was intended to be included when the Code regulation
was first adopted.)
No semi trailer may be stored on a property situated within an unincorporated town or subdivision in the A
through the issuance of a Permit for Accessory Storage
of a semi trailer. An application for a Zoning Permit for a Semi -Trailer as Accessory Storage of a semi trailer
shall include the following:
A — K. No change.
J. Notification responses of at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the semi trailer. This zoning
permit shall not be transferable by the applicant and/or owner to any successor, the zoning permit shall
terminate automaticallyupon conveyance, or, lease of the property.
*did New Section 23-4=920..: Referral process.
(Staff Comments: This section is added to acknowledge and authorize the existing practice ofsending
semi -trailers as accessory storage permit applications out on referral, as well as the 500 foot
neighborhood poll.)
Upon determination that the application submittal is complete, the Department of Planning Services shall:
A. Refer the application to applicable referral agencies for review and comment. Agencies can
include the Department of Public Works and any others deemed necessary. The agencies shall
respond within twenty-one (21) days after the mailing of the application by the COUNTY. The
reviews and comments solicited by the COUNTY are intended to provide the COUNTY with
information about the proposed USE. The COUNTY may consider all such reviews and comments
and may solicit additional information if such information is deemed necessary. The reviews and
comments submitted by a referral agency are recommendations. to the COUNTY.
B. Send a request for comment in support or opposition regarding the ZoningPerinit for a semi -trailer
as accessory storage to thosepersons listed inthe application as owners of property located within five
hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class,
upon receipt of the application 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
permittin
g g process, even if such error results in the failure of a surround property owner to receive
such notification.
Renumber Section 234,910 to 23-4-930. Delegation of authority.
(Staff Comment: Re -numbers the sub -section. New text is proposed that defines what recourse an
applicant has, when staff denies an application. Also, the additional text of what to do when over
30% of the neighbors express concern is taken from Section 23-4-165, a section which is proposed to
be eliminated, and re -located here. Some new language is added to better explain the process.)
County of Board County Copy -- Planning Commission Recommendation:1 15.00 21
Board
A. The Board of County Commissioners delegates the authority to issue a zoning permit for a semi-
trailer which otherwise requires the approval of the Board of County Commissioners through a public
hearing process to the Department of Planning Services upon a determination by the Department that:
A, 1. The applicant is in compliance with the criteria identified in this Chapter for the specific
category of zoning permit for which application is being made.
B. 2. The Department of Planning Services has sent notice and has not received signed notification
of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the
subject property in opposition to the location of the semi -trailer. If opposed, the petition shall
indicate that the surrounding property owners who have signed the notification have objections to
the issuance of a zoning permit for the semi -trailer.
B. If the Department of Planning. Services; denies the Permit, the applicant may appeal, in writing"to
the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall
be scheduled with the Board. of County Commissioners to provide the landowner an opportunity to
appeal,;the denial, for good cause shown. Ifthe landowner does not submit a written appeal, the denial
becomes final.
Ifthe Department of .Planning Services does receive signed notification that thirty percent (30%) or
more of surrounding property owners within five hundred (500) feet of the subject property are in
opposition to the permitting:of a semi -trailer as, accessory storage, then the Board of County
Commissioners shall review the application for compliance with the criteria set out in this Section at a
regularly scheduled meeting of the Board:
1: The Department of Planning Services wilt notify the applicant, granting x(10) business
days to determine if they want to proceed with the application,
2. If the applicant notifies the Department of Planning Services of their desire to proceed
with the application, the Department will request a hearing date and time from the Clerk
to the Board and prepare a staff report.
3. 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 shallbe mailed, first class;: not less than ten (10) days before the scheduled
meeting. Such notice is not required by state statuteand is provided as a courtesy to
surrounding property owners (the surface estate).. :Inadvertent errors by the applicant*
supplying such list or Me 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.
4,;. The Department of Planning Services shall post a sign for the applicant on the property in
question indicating that.one(1) semi -trailer as accessory storage has been requested for
the property, the meeting date and a telephone. number where further information may be
obtained. The sign shall be posted at least ten;(10) days prior to the meeting date and
evidenced with a photograph.
5.: The. Board of County: Commissioners shall consider any testimony of surrounding
property owners concerning the effects of the semi -trailer as accessory storage on the
surrounding properties and its compliance with the criteriaset out in this Section.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 22
Add new Section 23-4-950. Intent and Applicability
(Staff Comment: This section is proposed to make up for the fact that no intent section or approval
criteria are currently specified for commercial vehicle permits.)
A. 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, through issuance of a
Commercial Vehicle Permit.
B. When required, a Zoning Permit for a Commercial Vehicle may be permitted upon a determination that:
1. The property upon which the COMMERCIAL VEHICLE is located is a LEGAL LOT.
2. The COMMERCIAL VEHICLE will be removed from the property upon cessation of such USE.
3. The COMMERCIAL VEHICLE is compatible with the surrounding area.
Re -number and Revise Section 23-4-950 to 23-4-960. Commercial vehicle permit requirements,
(Staff Comment: Re -number the section and makes minor revisions so that this section has parallel
construction to what is found for semi -trailer zoning permits.)
No commercial vehicle may be parked on, and operated from, a property situated within an unincorporated
town or subdivision, unless permitted through a zoning permit for a commercial vehicle. An application for
any Zoning Permit for a Commercial Vehicle zoning permit for a commercial vehicle required by this Division
shall include the following:
A — E. No change.
I. Notification responses of at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the commercial vehicle.
d- I. This zoning permit shall not be transferable by the applicant and/or owner to any successor; the
zoning permit shall terminate automatically upon conveyance or lease of the property.
Add New Section 23-4-970. Referral process.
Upon determination that the application submittal is complete, the Department of Planning Services shall:
A. Refer the application to applicable referral agencies for review and comment. Agencies can
include the Department of Public Works and any others deemed necessary. The agencies shall
respond within twenty-one (21) days after the mailing of the application by the COUNTY. The
reviews and comments solicited by the COUNTY are intended to provide the COUNTY with
information about the proposed USE. The COUNTY may consider all such reviews and comments
and may solicit additional information if such information is deemed necessary. The reviews and
comments submitted by a referral agency are recommendations to the COUNTY.
B. Send a request for comment in support or opposition regarding the Zoning Permit for a
COMMERCIAL VEHICLE 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,
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 23
first-class, upon receipt of the application. 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 permitting process, even if such error results in the failure of a surround property owner to receive
such notification.
Re -number Section 23-4-960 to 23-4-980. Delegation of authority.
(Staff Comment: Re -numbers the sub -section. New text defines what recourse a commercial vehicle
permit applicant has, when staffdenies an application. Furthermore, additional text is proposed to
explain what to do when over 30% of the neighbors express concern; currently the code says it then
goes to a hearing, hut it does not specify how that situation is handled.)
A. The Board of County Commissioners delegates the authority to issue a zoning permit for a
commercial vehicle which otherwise requires the approval of the Board of County Commissioners
through a public hearing process to the Department of Planning Services upon a determination by the
Department that:
A, 1. The applicant is in compliance with the criteria identified in this Chapter for the specific
category of zoning permit for which application is being made.
14, 2. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of
the subject property in opposition to the location of the commercial vehicle. If opposed, the petition
shall indicate that the surrounding property owners who have signed the notification have objections
to the issuance of a zoning permit for the commercial vehicle.
B. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to
the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall
be scheduled with the Board of County Commissioners to provide the landowner an opportunity to
appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial
becomes final.
C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or
more of surrounding property owners within five hundred (500) feet of the subject property are in
opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County
Commissioners shall review the application for compliance with the criteria set out in this Section at a
regularly scheduled meeting of the Board:
1. The Department of Planning Services will notify the applicant, granting ten (10) business
days to determine if they want to proceed with the application.
2. If the applicant notifies the Department of Planning Services of their desire to proceed
with the application, the Department will request a hearing date and time from the Clerk
to the Board and prepare a staff report.
3. 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
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 24
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.
4. The Department of Planning Services shall post a sign for the applicant on the property in
question indicating that one (I) commercial vehicle has been requested for the property,
the meeting date and a telephone number where further information may be obtained♦
The sign shall be posted at least ten (10) days prior to the meeting date and evidenced
with a photograph.
5. The Board of County Commissioners shall consider any testimony of surrounding
property owners concerning the effects of the COMMERCIAL VEHICLE on the
surrounding properties and its compliance with the criteria set out in this Section.
Amend Section 23-6-20. Appeals of administrative decisions.
(Staff Comment: Corrects the number of BOA members to be consistent with the County Charter)
APPEALS to the Board of Adjustment brought under the provisions of Section 23-6-10 A above
must be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error.
APPEALS of administrative decisions shall be made and processed as set forth below.
A — B. No change
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the APPEAL. Seven (7) members of the nine member Board of Adjustment shall constitute a
quorum for the transaction of business. The Board of Adjustment shall make its decision based only on
the information presented at the public hearing. The concurring vote of six four (6 4) members of the
Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL of an
administrative decision brought pursuant to this Chapter. The Board's of Adjustment decision shall be
based upon only the information presented at the public hearing and the its interpretation of Chapter 23 of
this Code.
Amend Section 23-6-30. Appeals for interpretation of zone district boundaries or lot lines.
(Staff Comment: Corrects the number of BOA members.)
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 B above shall be
made and processed as set forth below:
A — B. No change.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the APPEAL. Seven (7) members of the nine member Board of Adjustment shall constitute a
quorum for the transaction of business. The Board of Adjustment shall make its decision based only on
the information presented at the public hearing. The concurring vote of six four (6 4) members of the
Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL for
interpretation of zone district boundaries or lot lines brought pursuant to this Chapter. The Board's of
Adjustment decision shall be based upon only the information presented at the public hearing and the its
interpretation of Chapter 23 of this Code.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 25
Amend Section 23-6-40. Appeals for variance.
(Staff Comment: Corrects the number of BOA members.)
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 C above shall be
made and processed as set forth below.
A — B. No change.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the APPEAL. Seven (7) members f the Board of Adjustment shall constitute a quorum for the
transaction of business. The Board of Adjustment shall make its decision based only on the information
presented at the public hearing. The concurring vote of si* three (6 3) members of the Board of Adjustment
shall be necessary in order to decide in favor of the appellant on any APPEAL for variance brought pursuant to
this Chapter. An appeal for variance of the terms of this Chapter, Chapter 26 or Chapter 27 of this Code shall
not be granted until and unless the Board of Adjustment, based only upon the-inf.: madon presented at the
public hearing and its interpretation of Chapter 23 of this Code, has found and determined that:
1. Special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE
or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS
in the same zoning district.
2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights
commonly enjoyed by other properties in the same zoning district under the terms of this Chapter.
3. The special conditions and circumstances do not result solely from the actions of the
appellant.
4. The reasons set forth in the application and testimony justify the granting of the variance,
and the variance is the minimum variance that will make possible the reasonable USE of the LOT,
BUILDING or STRUCTURE.
5. The granting of the variance will be in harmony with the purpose and intent of this Chapter,
and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the public health,
safety or welfare.
The Board of Adjustment decision shall be based upon the interpretation of Chapter 23 of this
Cedo.
Amend Section 23-6-50. Appeals for variance within Flood Hazard Overlay District.
(Staff Comment: Corrects the number of BOA members.)
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 C shall be made and
processed as set forth below:
A -- B. No change.
C. Duties of the Board of Adjustment.
1. The Board of Adjustment shall hold a public hearing to consider the APPEAL. Sovon (7)
members of the Board of Adjustment shall constitute a quorum for the transaction of business. The Board
of Adjustment shall make its decision based on all technical evaluations, all relevant factors, standards
Board of County Commissioners Copy -- Planning Commission Recommendation 7,15.09 26
specified in subsection and in other sections of this Chapter, and any information presented at the
public hearing, and its interpretation of Chapter 23 of this Code. The concurring vote of Si* three (6 )
members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any
APPEAL for.: VARIANCE of the terms: of this Chapter within the Flood Hazard Overlay District brought
pursuant to this Chapter. The Board of Adjustment decision shall be based upon the interpretation of
Chapter 23 of this Code.
Add new Section 24-3-70. Failure to record a minor subdivision plat.
(Staff Comment: Proposed in order to be consistent with timelines required of PUD final plans.)
Ifa final plat has not been recorded within .one ;(1) Year of the date of the approval of the minor subdivision
final .plat, 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 minor subdivision final plat has not
been 'abandoned and that the applicant possesses,the willingness and ability to record the final plat. The Board
of County Commissionersmay extend the date.forrecording the plat. If the Board determines that conditions
rtng;the original approval ofthe final plat:cannotbe met, the Board may, after a public hearing, revoke
the minor :subdivision final plat.
neW Se t ti34,040„:: Failure to commence #::minor 'SabdiviaOlt i iarat.pllat
(Staff" Comment: Proposed in order to be consistent with timelines required of PUD final plans. The
Planning Commission is recommending a change from the 1 -year time frame for PUDs, to 3 -years for all
subdivision processes.)
If no construction has begun or no use established in the minor subdivision within three (3) years ofthe date
ofthe approval of the Minor subdivision final plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the final plat has not been abandoned.
and that the applicant possesses the willingness and ability to continue the minor subdivision. The Board of
County Commissioners may extend the date for initiation of the minor subdivision construction and shall
annually require the applicant to demonstrate that the minor subdivision has not been abandoned. If the Board
of County Commissioners determines that conditions supporting the original approval of the minor subdivision
final plat have changed or that the landowner cannot implement the minor subdivision; final plat, the Board
may, after a public hearing, revoke the minor subdivision final plat and order the recorded minor subdivision
vacated.
Add. new Section .24 i-90.: Failure to :comply with. the minor -subdivision flu ':p11nu
(Staff Comment: Proposed in order to be consistent with timelines required of PUD final plans,)
The Board of County Commissioners may serve written notice upon such organization orUpon the owners
or residents of the minor subdivision setting forth that the organization has failed to comply' with the minor
Subdivision final plat, Said notice. shall include a demand that such deficiencies of maintenance be cured
within thirty (30) days thereof A hearing shall be held by the Board of County Commissioners within fifteen
(15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may
modify: the terms of the original notice as to deficiencies and may give an extension of time within which they
shall be rectified.
Amend Section 24-4-40. Final plat.
(Staff Comments: No text changes are proposed. The existing sections A, B, and C are re -located to
create a new Section 24-4-50, so that the construction of the Major Subdivision section is the same as
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09
27
that in the Minor Subdivision section found at Section 24-3-60. The subsequent re -lettering is done to
be consistent with Section 24-3-50.)
A. Any person wanting to apply for a major subdivision final plat review shall arrange for a
preapplication conference with the Department of Planning Services. An applicant shall submit a
complete final plat application with the required number of application copies and application fee to the
Planner. The required number of application copies shall be determined by the Planner. Final plats that
are intended to make minor changes to existing subdivisions may request a waiver of some conditions
during the Planning Staffs approval. The applicant shall contact Planning Services for direction.
B. Preliminary plan approval must be obtained from the Board prior to submitting a final plat. A
final plat shall be submitted for apprm al within one (1) year of the date a preliminary plan has been
approved by the Board of County Commissioners. No final plat submission shall be accepted after
expiration of the one year period unless an extension of time has been granted by the Board. An
extension of time may be granted by the Board upon written request of the subdivider within one (1)
year of the date of approval of the preliminary plan. Any plat submitted after expiration of the approval
period without a time extension shall be processed as a new preliminary plan application.
C. The final plat shall conform to the approved preliminary plan. The Board may approve a
modified final plat if changes reflect imprm ements in design or changes have occurred to surrounding
land uses or the environment since the time of the preliminary plan approval.
13 An applicant shall submit a complete major subdivision final plat application with the required
number of application copies and application fee to the Planner. The required number of application
copies shall be determined by the Planner. The following information shall be submitted as part of a
final plat application.
4-. A. A final plat application form provided by the Planner.
2, B A copy of a title commitment issued by a title insurance company or a title opinion by an
attorney licensed to practice in the State. The commitment or opinion shall set forth the names of all
owners of property. The commitment or opinion shall include a list of all mortgages, judgments, liens,
easements, contracts and agreements of record in the County affecting the property described in the
application. If the attorney's opinion or title commitment discloses additional holders or owners of such
mortgages, judgments, liens, easements, contracts or agreements, not party to the application, the Board
may require them to join in and approve it. The title commitment or opinion shall be completed within
thirty (30) days prior to the application submission date.
3- C. On separate sheets attached to the final plat application form, the following information is
required:
a, 1.. A description of the type of uses proposed for the subdivision.
It 2. A summary of any concerns identified during the preliminary plan application process with
an explanation of how the concerns will be addressed or resolved.
a: 3. The total number of lots proposed.
d: 4. A description of the subdivision circulation system, including sidewalk width, road width,
type and depth of road surface, curb and gutter, valley pan, width and depth of borrow ditches and
vehicle parking arrangement.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 28
e: 5. A statement indicating if on -street parking will be permitted within the proposed
subdivision.
€ 6. A statement describing the ownership, function and maintenance of any school site, open
space or park within the proposed subdivision.
g 7. If the applicant is to dedicate land for schools, roads, parks or other public purposes, a
letter of intent from the appropriate public agency stating that it will accept the lands to be dedicated.
kr 8. A description of the proposed water system accompanied by an estimate of the total gallons
per day required to serve the subdivision.
i- Q. A water supply resource report. The report will contain written evidence that a water
supply of sufficient quality, quantity and dependability will be available to serve the proposed
subdivision. Such evidence may include, but shall not be limited to, the following: evidence of
ownership or use of existing water rights; historic use and estimated yield of claimed water rights;
amenability of existing rights to a change in use; and evidence that a public or private water supply is
available. The amount of water available for use within the subdivision, feasibility of extending
services and evidence concerning potability of the water supply for the proposed subdivision shall be
identified.
ifi 10. A copy of a contract or some tangible guarantee providing for a common water supply if
water is required to be supplied by a water district, municipality or other agency.
k 11. A description of the proposed sewer system. The description shall include an estimate of
the total number of gallons per day of sewage to be treated by public sewer or the suitability of
another means of disposal if public sewer is not required.
k 12. A copy of a contract or other tangible guarantee providing for adequate sewage treatment
by a public sewage treatment agency if public sewage treatment is required.
nt 13. A statement explaining how recommendations of the Colorado Geological Survey will be
met.
rr 14. A list of any covenants, grants of easement and restrictions imposed upon any land,
buildings and structures within the proposed subdivision.
e: 15. A copy of a Colorado Department of Transportation access permit if a new street intersects
with a state highway.
p: 16. f applicable, a copy of an agreement signed by the applicant and representative of the
irrigation ditch company. The agreement shall specify an agreed -upon treatment of the ditch as
provided in Section 24-6-40 of this Chapter.
q- 17. Proof of an existing easement or dedicated right-of-way when it is contiguous to an
easement or right-of-way of the proposed subdivision.
e 18. A proposed subdivision improvements agreement executed by the applicant. The
agreement forms are provided by the Planner. The agreement shall be made in accordance with the
County policy on collateral for improvements.
oath of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 29
s, 19. If applicable, an off -site road improvements agreement executed by the applicant. The
agreement shall be in accordance with Section 24-9-20 of this Chapter.
t, 20. A drainage report shall be prepared in compliance with the requirements of Sections 24-7-
120 and 24-7-130 of this Chapter.
u, 21. An erosion control report may be required at the request of the Department of Public
Works.
v 22. Subdivision road plans prepared by a professional engineer licensed to work in the State.
The road plans shall be dated and bear the signature and seal of the engineer. The road plans shall
include the following minimum data:
+) a. Plans and profiles of all roads to be improved.
23 b. A typical cross-section of applicable roads, culverts and bridges.
33 c. Typical road section, including pavement design supported by soil reports, test
results and computations.
4) d. Typical or specific details of road intersections and cul-de-sacs.
e. A complete estimate of costs.
6) f. Any additional information required by the Department of Public Works.
w 23. A certificate from the County Treasurer showing no delinquent taxes for the area referred
to in the application materials.
3E. 24. A title commitment or a title opinion covering all public dedications.
y- 25. A warranty deed, if required, deeding to the appropriate entity any lands to be used for the
benefit of the public or owners and future owners of the subdivision.
2, 26. A set of sign plans in accordance with the requirements of Chapter 23, Article IV,
Division 2.
4, D. A certified list of the names, addresses and the corresponding parcel identification
numbers assigned by the County Assessor to the owners of property of the surface estate within five
hundred (500) feet of the property subject to the application. The source of such list shall be from the
records of the County Assessor, or an ownership update from a title abstract company or attorney
derived from such records or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
5, E. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such
certification may be submitted on the date of the initial public hearing referred to in Section 24.65.5-
103(1), C.R.S.
6, F. Final plat map requirements.
a 1. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable
polyester sheet such as cronar, Mylar or other product of equal quality, three (3) millimeters or
greater in thickness. The size of each sheet shall be twenty-four (24) inches in height by thirty-six
(36) inches in width. No final plat submitted shall contain any form of stick -on type material such
as, but not limited to, "sticky -back" or adhesive film, Kroy lettering or tape. The drawing shall be at
a scale of one (I) inch equals one -hundred (100) feet.
Board of County Commissioners Copy -- Planning Commission Recommendation,7.15.09 30
b, 2. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing, three (3)
millimeters or greater in thickness, may be submitted.
67 3. The plat shall meet the following criteria: bear original signatures and seals; be made from
a dimensionally stable polyester sheet such as cronar or Mylar or other product of equal quality; be at
least three (3) millimeters in thickness; and all components, including signatures, shall be made with
nonfading permanent black ink.
El, 4. If a subdivision requires more than two (2) sheets, a map showing the relationship of the
individual sheets shall be required.
e 5. 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.
• 6. 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 "Rules
of Professional Conduct of the State Board of Registration for Professional Engineers and
Professional Land Surveyors — Board Policy Statements."
g. 7. The subdivision plat shall be referenced to at least two (2) public land survey monuments
of record in accordance with Section 38-53-102(7), C.R.S.
8. A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot
Corners" will be submitted with the final plat in accordance with Section 38-53-102(2), C.R.S. If an
"Aliquot Corner" indicated on the final plat is substantially as described in an existing 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 thereon shall be submitted.
h 9. The surveyor making a plat shall certify on the plat that it conforms with all applicable
rules, regulations and laws of the State, State Board of Registration for Professional Engineers and
Professional Land Surveyors and the County.
j. 10. The surveyor shall affix his or her name, seal and date of certification as prescribed in the
"Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors."
7: G. The final plat map shall include the following information.
a- 1. The basis of bearings, north arrow, subdivision, name, date, total acreage, total number of
lots, name and address of the owners of record, legal description, stated scale and graphic scale.
b: 2 The bearings, distances and curve data of all perimeter boundary lines shall be indicated
outside the boundary line, not inside, with the lot dimensions. When the plat is bounded by an
irregular shore line or a body of water, the bearings and distances of a closing meander traverse shall
be given and a notation made that the plat includes all land to the water's edge or otherwise.
e, 3. Lots and blocks shall be numbered consecutively. Bearings and lengths shall be given for
all lot lines, except for interior lot lines where the bearings and lengths are the same as both end lot
Iines. All dimensions of irregularly shaped lots shall be indicated. All lot lines intersecting a curve
shall state if they are radial or nonradial lines. Lengths shall be shown to hundredths of a foot and
angular dimensions and bearings to seconds of arc.
Board of County Commissioners Copy Planning Commission Recommendation 7.15.09 31
d, 4. The area of each lot shall be shown in square feet, if less than one (1) acre. If lots are
greater than one (1) acre, the area shall be shown in acres.
e, 5. Curved boundaries and all curves on the final plat shall include the radius of curve, central
angle, chord distance and bearing.
€ 6. Any parcel that is excepted from the subdivision shall be marked, "not included in this
subdivision." The boundaries of an excepted parcel shall be identified by bearings and distances.
g: 7. All streets, walkways and alleys shall be designated and identified by bearings and
dimensions. All street names shall be shown.
It 8. All easements that are not parallel to a lot line shall be designated and identified by
bearings and dimensions.
i, 9. The location of easements along lot lines for water, sewer, electric, gas, telephone and any
other utilities within the proposed subdivision. Utility easements shall be designed to meet
requirements of this Chapter.
j: 10. A utility service statement block shall appear on the final plat map. The block shall
identify each utility company, special district or municipality intended to provide service to the
proposed subdivision. The block shall include:
4-3 a. The name of each utility service company.
2-) b. A dated signature and statement from the representative of the utility company
indicating one (I) of the following:
a) 1) Service is available.
IS 2) Service is available, subject to the following specific conditions.
e-) 3) Service is not available for the proposed subdivision.
k7 II. The final plat or resubdivision 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.
1: 12. All land within the boundaries of the subdivision shall be accounted for either as lots,
easements, rights -of -way, private street, alley, walkway, trail or public area.
n} 13. If a final plat is revised, a copy of the original final plat shall be provided for comparison
purposes.
it 14. The final plat or resubdivision plat shall contain the certificates and seals located at
Appendix 24-C to this Chapter. Provision shall be made for all seals to be placed approximately two
(2) inches from the final plat border.
Or 15. The location of any sign requiring zoning approval shall be shown. Distances from
property lines shall be indicated.
8- H. An affidavit listing the names and addresses of all entities with a security interest in the
property being considered. The list shall be compiled from the title commitment issued by a title
insurance company or a title opinion by an attorney licensed to practice in the State, and shall be current
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 32
as of a date not more than thirty (30) days prior to the date the application is submitted to the
Department of Planning Services.
E. and following — re -located and re -lettered as new Section 24-4-50.
New added Section 24-4-50. Final plat processing and review procedure.
(Staff Comments: Even though the minor subdivision and major subdivision processes are parallel to one
another, they are currently structured differently in the Code, causing confusion. The re -lettering and
creation ofa new sub -section addresses this. Also, last year there were Code changes made to all land use
process section that were done to allow time for referral comments to be incorporated before the Planning
Commissioner hearing was set. This section, concerning the major subdivision process, was overlooked,
so text changes are proposed to be consistent with the new process found for minor subdivisions, PUDs,
USRs, etc.)
A. Any person wanting to apply for a major subdivision final plat review shall arrange for a
preapplication conference with the Department of Planning Services. Final plats that are intended to make
minor changes to existing subdivisions may request a waiver of some conditions during the Planning Staffs
approval. The applicant shall contact Planning Services for direction.
B. Preliminary plan approval must be obtained from the Board prior to submitting a final plat. A
final plat shall be submitted for approval within one (1) year of the date a preliminary plan has been
approved by the Board of County Commissioners. No final plat submission shall be accepted after
expiration of the one-year period unless an extension of time has been granted by the Board. An extension
of time may be granted by the Board upon written request of the subdivider within one (1) year of the date
of approval of the preliminary plan. Any plat submitted after expiration of the approval period without a
time extension shall be processed as a new preliminary plan application.
C. The final plat shall conform to the approved preliminary plan. The Board may approve a
ified final plat if changes reflect improvements in design or changes have occurred to surrounding land
uses or the environment since the time of the preliminary plan approval.
-h 17. If the final plat application complies with the approved preliminary plan application, the
Planner shall notify the Clerk to the Board to schedule a Board hearing date not more than forty five (15)
days after a complete application has been submitted. If the final plat application does not comply with the
preliminary plan application, the Planner may refer the application to the appropriate referral agency and
then notify the Clerk to the Board to schedule a Board hearing date not more than sixty (60) days after the
complete application has been submitted.
2, E. The Clerk to the Board shall give notice of the application for a final plat and the Board's
public hearing date to those persons listed in the application as owners of property located within five
hundred (500) feet of the parcel under consideration. The notification shall be mailed first class not less
than ten (10) days before the scheduled public hearing.
3- F. The Planner shall post a sign on the property under consideration of a major subdivision final
plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the
event the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1)
sign shall be posted in the most prominent place on the property and a second sign shall be posted where a
driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning
Services shall certify that the sign has been posted for the ten (10) days preceding the hearing date and
evidenced with a photograph. The sign shall show the following information:
Board of County Commissioners Copy Planning Commission Recommendation 7:15.09 33
a- 1. The assigned final plat application number.
b: 2. The date, time and place of the public hearing.
E 3. The phone and location of the Department of Planning Services.
d- 4. The applicant's name.
e: 5. The acreage of the parcel under consideration.
€: 6. The type of request.
4 G. The Clerk to the Board shall arrange for legal notice of the Board hearing published in the
newspaper designated by the Board for publication of notices. The date of publication shall be at least
fourteen (14) days prior to the hearing.
H. The Planner shall prepare comments for use by the Board addressing all aspects of the
application, including the following:
a. 1. Compliance with Chapter 22 of this Code, the existing or future development of the
surrounding areas as permitted by the existing zoning and with the future development as projected by
Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and
intergovernmental agreements.
b} 2: Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the
proposed use is located, and any adopted intergovernmental agreements or master plans of affected
municipalities.
e: 3. That comments received from referral agencies have been addressed, if applicable.
t#: 4. That definite provision has been made for a water supply that is sufficient in terms of quantity,
dependability and quality to. provide water for the subdivision, including fire protection.
e: 5. That, if a public sewage disposal system is proposed, provision has been made for the system
and, if other methods of sewage disposal are proposed, evidence that such systems will comply with
state and local laws and regulations which are in effect at the time of submission of the subdivision.
€ 6. That streets within the subdivision are adequate in functional classification, width and
structural capacity to meet the traffic requirements of the subdivision.
g 7. That off site street or highway facilities providing access to the subdivision are adequate in
functional classification, width and structural capacity to meet the traffic requirements of the subdivision
in accordance with the requirements set forth in Article VII of this Chapter.
lb 8. That facilities providing drainage and stormwater management are adequate.
i- 9. That the subdivision will not cause an unreasonable burden on the ability of local governments
or districts to provide fire and police protection, hospital, solid waste disposal and other services.
t 10. That the subdivision will not cause air pollution violations based on Colorado Department of
Health standards.
le 11. The subdivision conforms to the subdivision design standards of Article VII.
1- 12. The subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation
of prime agricultural land and historical sites.
6, I. The Board shall hold a public hearing to consider the application and to take final action
thereon. In making a decision on the final plat application, the Board shall consider the recommendation of
the Department of Planning Services, the facts presented at the public hearing and the information
contained in the official record, including the Planner's case file. The applicant has the burden of proof to
show that the standards of Paragraphs a through I below are met. The applicant shall demonstrate:
a- 1 That the proposed subdivision is located within an urban growth boundary area as defined and
adopted in any approved intergovernmental agreement, or as defined in Chapter 22 of this Code.
b: 2. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the
proposed use is located, and any adopted intergovernmental agreements or master plans of affected
municipalities.
Board of County Commissioners Copy -- Planning Commission Recommendation 7A 5.09 34
o. 3€ That comments received from referral agencies have been addressed, if applicable.
4. That definite provision has been made for a water supply that is sufficient in terms of quantity,
dependability and quality to provide water for the subdivision, including fire protection.
e: 5. That, if a public sewage disposal system is proposed, provision has been made for the system
and, if other methods of sewage disposal are proposed, evidence that such systems will comply with
state and local laws and regulations which are in effect at the time of submission of the subdivision.
17 6. That streets within the subdivision are adequate in functional classification, width and
structural capacity to meet the traffic requirements of the proposed subdivision.
g 7. That off -site street or highway facilities providing access to the proposed subdivision are
adequate in functional classification, width and structural capacity to meet the traffic requirements of the
proposed subdivision.
1} 8. That facilities providing drainage and stormwater management are adequate.
9. That the subdivision will not cause an unreasonable burden on the ability of local governments
or districts to provide fire and police protection, hospital, solid waste disposal and other services.
j 10. That the subdivision will not cause air pollution violations based on Colorado Department of
Health standards.
k-11. That the proposed subdivision conforms to the subdivision design standards of Article VII.
12. That the subdivision will not have an undue adverse effect on wildlife, its habitat, the
preservation of prime agricultural land and historical sites.
7- J. The Board's final decision will be by resolution. A record of such action and a copy of the
resolution will be kept in the files of the Clerk to the Board. The Planner shall record an approved final plat
and resolution with the County Clerk and Recorder.
8- K. No final plat shall be considered approved and eligible for recording until the Board has
approved a subdivision improvements agreement.
L. The Board may, without a hearing or compliance with any of the submission, referral or
review requirements of this Chapter, approve a correction plat if the sole purpose of such correction plat is
to correct one (I ) or more technical errors in an approved plat. The correction plat shall be consistent with
the approved final plat. This Article shall be followed when proposing other changes to a recorded final
plat.
Add new Section 24-4-60. Failure to record a major subdivision plat.
(Staff Comment: Proposed in order to he consistent with timelines required ofPUD final plans.)
If a final plat has not been recorded within one (1) year of the date of the approval of the major subdivision
final plat, 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 major subdivision final plat has not
been abandoned and that the applicant possesses the willingness and ability to record the final 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 final plat cannot be met, the Board may, after a public hearing, revoke
the major subdivision final plat.
Add new Section 24.4-70. Failure to commence a major subdivision final plat.
(Staff Comment Proposed in order to be consistent with timelines required ofPUD final plans. The
Planning Commission is recommending a change from the I -year time frame for PUDs, to 3 -years for all
subdivision processes.)
Board of County Commissioners Copy -- Planning Commission Recommendation 7.15.09 35
If no construction has begun or no use established in the major subdivision within three (3) years of the date
of the approval of the major subdivision final plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the final plat has not been abandoned
and that the applicant possesses the willingness and ability to continue the major subdivision.. The Board of
County Commissioners may extend the date for initiation of the major subdivision construction and shall
annually require the applicant to demonstrate that the major subdivision has not been abandoned. If the Board
of County Commissioners determines that conditions supporting the original approval of the major subdivision
final plat have changed or that the landowner cannot implement the major subdivision final plat, the Board
may, after a public hearing, revoke the major subdivision final plat and order the recorded major subdivision
vacated.
Add new Section 24-4-80. Failure to comply with the major subdivision final plan.
(Staff Proposed in order to be consistent with timelines required of PUD final plans.)
The Board of County Commissioners may serve written notice upon such organization or upon the owners
or residents of the major subdivision setting forth that the organization has failed to comply with the major
subdivision final plat. Said notice shall include a demand that such deficiencies, of maintenance be cured
within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen
(15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may
modify the terms of the original notice as to deficiencies and may give an extension of time within which they
shall be rectified.
Amend Section 24-8-30. Subdivision exemption.
(Staff Comment: The text change is proposed to avoid misinterpretation of "may," which frequently
happens. In this context, "may" does not mean "is allowed to he ", but rather "might be utilized, if
applicable." The proposed revision does not result in any change to the regulation or how it has been
applied historically.)
A. The subdivision exemption is intended for the following four (4) purposes:
1. Division of a parcel of interest in a parcel which does not result in the creation of a new residential
or permanent building site. When otherwise allowed by recorded exemption regulations, the The
subdivision exemption may can be utilized in conjunction with a recorded exemption to separate one (1)
additional existing habitable residence with accessory outbuildings from any of the recorded exemption
parcels. A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1,
2004, is eligible for a one -time -only land exemption. A subdivision exemption lot in conjunction with a
recorded exemption created after March 1, 2004, is not eligible for a future land exemption. The
subdivision exemption must meet the following criteria:
Amend Chapter 26. Regional Urbanization Areas. — various
(Staff Comments: Update of RUA term; clarification of no implication to non -urban uses.)
CHAPTER 26
Mixed Use Development Regional Urbanization Areas
ARTICLE I
Mixed Use Development Rural Urbanization Areas ("RUAs")
Board of County Commissioners Copy -- Planning Commission Recommendation 7A5.09 36
Amend throughout all of Chapter 26
(StaffComments: Update of RUA term.)
All Sections & Sub sections
Wherever the phrase "Mixed Use Development" or "Mixed Use Development area" or
"Mixed Use Development areas" are used, change to "Regional Urbanization Area" or
"Regional Urbanization Areas"
Wherever the term "MUD" or "MUDs" or "MUD area" or "MUD areas" are used, change
to "RUA" or "RUAs".
Amend Section 26-1-10. General.
(Staff Comments: Update of RUA term; clarification of no implication to non -urban uses.)
A. The Mixed Use Development Regional Urbanization aAreas (MUD -areas RUA's) provide unique and
challenging opportunities for the establishment of an ongoing planning process in areas which are experiencing
increased growth and development. The presence of an interstate and state highway system and the external
growth pressures from the Longmont Metropolitan Area and the I-76 Corridor have added to the interest in
land development and population growth within these areas. The intent of this Chapter is to guide and
implement planned land use changes in the MUD areas RUA's, particularly the conversion of rural lands to
more intensive urban -type land uses. The regulations found in this Chapter are intended to be implemented by
the land use and development policies in the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance
and Planned Unit Development Ordinance contained in Chapters 22, 23, 24 and 27, respectively, of this Code.
B. A list of common acronyms and abbreviations utilized in this Chapter is contained in Appendix 26-A to
this Chapter.
C. The location of a property within an RUA does not, by itself, create a presumption that a non -urban use
on said property which is either a use by right, accessory use, or use by special review in the A
(Agricultural) Zone District (or other districts that may also support non -urban uses), is incompatible with
current uses on surrounding properties.
Amend Section 26-2-50. Landscaping regulations.
(Staff Comments: The landscaping regulations for areas of the 1-25 MUD is confusing. These
revisions do not change the intent, but are made simply to avoid confusion and to be consistent with
language already found in Section 19-3-340 of the Code)
A — C. No change.
D. Landscaping Requirements Along Roadway Corridors
a — d. No change.
e. Applicants adjacent to I-25 or State Highway 119 and/or strategic roads shall construct a berm
along the highway with maximum .54 4:1 side slopes to a height sufficient to screen elements
of the development that lie along the ground plane development (parking lots, storage areas or
other similar site elements) as far as one hundred eighty (180) feet from the right-of-way line.
Board of County Commissioners Copy -- Planning Commission Recommendation 7.35.09 37
The maximum berm height berm required shall be six (6) feet above the existing elevation at
the foot of the proposed berm in the location of the berm. If additional height of screening is
necessary above the six-foot berm,
it shall be achieved through dense landscape plantings.
Plantings on top of berms shall be designed so as to not create snow traps. A berm may not be
required if the subject property is elevated above the roadway and it can be demonstrated that
views into the site will not be possible for a distance of one hundred eighty (180) feet.
Required landscaping and screening within the landscape setback and other portions of the
property shall be governed by the landscape standards contained within this Chapter and any
other more restrictive requirements contained in Chapters 23 and 24 of this Code. The visual
screening distance is not meant to imply an increase in setbacks that are established elsewhere
in this Code.
Amend Sec. 27-8-70. Failure to commence a PUD final plan.
(Staff Comment: The Planning Commission in both of its hearings recommended a 3 -year timeframe)
If no construction has begun or no use established in the PUD within one (1) year three (3) years of the date
of the approval of the PUD final plan, the Board of County Commissioners may require the landowner to
appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that
the applicant possesses the willingness and ability to continue the PUD. The Board of County Commissioners
may extend the date for initiation of the PUD construction and shall annually require the applicant to
demonstrate that the PUD has not been abandoned. If the Board of County Commissioners determines that
conditions supporting the original approval of the PUD final plan have changed or that the landowner cannot
implement the PUD final plan, the Board may, after a public hearing, revoke the PUD final plan and order the
recorded PUD plan vacated.
Board of County Commissioners Copy -- Planning Commission Recominendatian7.15.09 38
COLORADO
Memorandum
TO: Planning Commissioners
DATE: 7.2.09
FROM: Brad Mueller
Department of Planning Services
RE: Spring 2009 Code Changes: PC Revisions
CC: Bruce Barker; Planning Staff
The Planning Commission unanimously voted to recommend a package of Code changes at its
hearing on June 2, 2009, based on staffs recommendation, with some modifications made by the
Planning Commission.
Following that hearing, Planning staff members had occasion to review some aspects of the
overall proposed revisions to the Code. In that process, a handful of discrepancies and concerns
were found.
As such, we will be presenting you, Planning Commissioners, some additional items for
consideration at your next scheduled hearing on July 7.
Briefly, these items are:
• New RUA submittal requirements — As discussed at the June 2 hearing, the Board has
requested these, in anticipation of the August RUA submittal timeline.
• USRs — The termination section has been re -written to clarify the processing and better
address some of the concerns expressed by Planning Commissioners. Staff also felt it
was important to clarify that PC amendments on June 2 resulted in losing the current 3 -
year sunset provision.
• USR cargo reference at 23-3-40.AA. — It was discovered that the USR provision for
multiple cargo containers should be modified, if the use by right allowances are increased
as proposed.
• Seasonal Use Permit appeals to BCC — After further consideration, staff recommends
that these appeals be to the County Commissioners instead of the BOA. This would be
consistent with other administrative zoning permits.
• "Permitted" to "allowed" for zoning permits — It was discovered that the misleading term
"permitted" was used in several sections.
• Appeal of denial of administrative zoning permits — Staff discovered an error in the two
sections and requests that the Planning Commission reconsider these sections.
• 3 -year commencements of subdivisions — Planning Commission at its June 2 hearing
recommended changing the time requirement for commencing subdivisions from 1 year
to 3 years. Staff would like the opportunity to provide examples of when this could create
challenges.
• PUDs in MUD's Section 26-1-50. Because of complicating questions about underlying
zoning, staff recommends that this section remain "as is" in the Code for the time being,
and that the Planning Commission retract its recommendation to remove it.
Planning Commission Reconsideration Memo 7.2.09 1
Proposed Text Changes
Text to be added or changed is highlighted. Text to be omitted is stricken through.
Amend Sec. 22-1-150. Comprehensive Plan amendment procedure.
(Staff Comment: A revision is being requested for Sub -section 5, to better articulate what items are
required in order to submit a Comprehensive Plan amendment that would result in the creation of a
new RUA. The proposed changes to Sub -section 4 are simply made in order to have consistent
language concerning mineral rights notification. This new language is proposed to remove questions
about the applicability of State Statutes.)
Introduction & A — No change.
B.1 — B.3. — No change.
B.4.a. Expansion of RUA Boundaries. The proposed application must submit the following:
B.4.a.( I) -- (5). — No change.
6) The written certification of hearing notification to mineral rights owners
required by Section 24 65.5 103.3, C.R.S. Such certification may be
submitted on the date of the initial public hearing referred to in Section 24 -
65.5 103( 1), C.R.S Include a list of mineral rights owners of sub -surface
property located below property subject to the application. Notice of the
hearing will be sent by the applicant at least thirty (30) days prior to the
Planning Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error results
in the failure of mineral rights owner to receive such notification.
B. 4. a. (7) - (14). - No change.
B.4.b. Modification to Land Use Classification of Property Already Within the RUA Boundaries.
The proposed application must submit the following:
B. 4. h. (1) - (5). - No change.
6) The written certification of hearing notification to mineral rights owners
required by Section 24 65.5 103.3, C.R.S. Such certification may be
submitted on the date of the initial public hearing referred to in Section 24 -
65.5 103(1), C.R.S. Include a list of mineral rights owners of sub -surface
property located below property subject to the application. Notice of the
hearing will be sent by the applicant at least thirty (30) days prior to the
Planning Commission hearing and shall be submitted prior to the date of the
hearing. Inadvertent errors by the applicant in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error results
in the failure of mineral rights owner to receive such notification.
B.4. h. (7) — (13). — No change.
Planning Commission Reconsideration Memo 7.2.09 2
B.4.c. Language amendment to the RUA. The proposed application must submit the following:
B. 4. c. (1) — (2). — No change.
3) The written certification of hearing notification to mineral rights owners
required by Section 24 65.5 103.3, C.R.S. Such certification may be
submitted on the date of the initial public hearing referred to in Section 24
65.5 103(1), C.R.S. Include a list of mineral rights owners of sub -surface
property located below property subject to the application. Notice of the
hearingwill be sent by the applicant at least thirty (30) days prior to the
Planning Commission hearing and shall be submitted prior to the date of the
hearing: Ivertent errors by the applicant in sending such notice shall not
create a jurisdictional defect in the hearing process, even if such error results
in the failure of mineral rights owner to receive such notification,
B. 4. c. (4) — (8). — No change.
5. In the case of an amendment to create a new Regional Urbanization Area, any elements
described above may be required to be submitted, as determined by Planning Services staff
based on the scale, scope, and location of the proposed RUA. the following supporting
documents shall be submitted as a part of the application, except for those items determined
by the Director of Planning Services or the Board of County Commissioners to be
unnecessary to a decision on the application:
1), • A statement describing why the Comprehensive Plan is in need of revision.
2) . A descnptiort of any.social, ecanomie, orland:use conditions of the County tit may;liit re
ohanged,..that would:. support amending the'Camprehensive Plat ,.
3) A statement describing how the proposed amendment will be consistent with existing and
future goals, policies, and needs of the County, including those for an RUA as described
in this Chapter 22 (Comprehensive Plan).
4) 'Demonstrate, through supporting documentation, how the proposed comprehensive plan
amendment for a new RUA will address the impact on existing or planned service
capabilities including, but not limited to, roads, storm water, and emergency services.
5) Demonstrate through supporting documentation how the proposed RUA will address the
impacts on the natural environment.
6) Delineate the number of people who will reside and`work in the proposed area and the
number ofjobs created by the proposed RUA.' This statement shall include the number of
school -aged children and address the social service provision needs, such as schools, of
the proposed population.
7) Include a certified list of the names, addresses and the corresponding parcel identification
numbers assigned by the County Assessor to the owners of property of the surface estate
within one thousand (1,000)feet of theproperty subject to the application. The source of
such list shall be from the records of the County Assessor, or an ownership update from a
title abstract company or attorney derived from such records or from the records of the
County Clerk and Recorder: If the list was assembled from the records of the County
Assessor, the applicant shall certify that such list was assembled within thirty (30) days of
Planning.Codtttiission.Reconsideration Memo 7.2.09 3
the application submission date. 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 hearing process, even if such.error results in the failure of a
surrounding property
p pe rly owner to receive. such notification,
8) Include a list of mineral rights owners of sub -surface property located below parcels
located within the proposed RUA. Notice of the hearing will;be sent by the applicant at
least thirty (30) days.prior to the Planning Commission hearing and shall be submitted
prior to the date of the hearing. Inadvertent errors by the applicant in sending such notice
shall not create a jurisdictional defect in the hearing process, even ifrsucherror results in
the failure of mineral rights owner to receive such notification.
9) Outline the proposed uses within the proposed RUA, including the maximum:ttuntber of
dwelling units, amount of commercial and industrial space, and percentage of open space
projected for that area.
10) Submit a deed or legal instrument to the Department of Planning Services identifying the
applicant's interest in the property.
1:1) Demonstrate that:the site can be serviced by public water and sanitary sewer service that
is adequate for the proposed use.
-12),Include a prepared preliminary traffic impact analysis. Al'} traffic analysis information
and reports shall be. prepared and certified by a Colorado:registered professional engineer
competent in traffic engineering and . Shall : address ..impacts to on -site and off -site
roadways including strategic roadways within. Veld County, State Highways and
Interstate Highways. The intent of this analysis is to determine the project's cumulative
development impacts, appropriate project mitigation and improvements necessary to
offset a specific project's impacts. This analysis shall include the following information:
a. Introduction: Describe the proposed development and parameters ofthe.study areas
including off -site roadways.
b. Trip generation: Determine daily and a.m. and p.m. peak -hour trip generation forthe
proposed development using established rates identified ` in the Trip Generation
Manual published by the Institute of Transportation Engineers or as agreed to by
County Engineering Staff.
c. Trip distribution: Based on: assumptions contained in the RtJA area traffic analysis
or market estimate, describe the anticipated trip distribution patterns for the.. proposed
development.
d.... Trip assignment Based on the projected trip generation, assumed trip distribution
and the prevailing roadway network, assign the projectedtraffic to the intersections
and streets within the study area.
e. Any reasonable additional information deemed necessary fir : review:
13) Include a preliminary. Drainage Study. All drainage analysis information and reports shall
be prepared and certified by a Colorado registered professional engineer competent in the
hydraulic engineering and shall address impacts to on -site and off -site drainage ways
within Weld County, and the surrounding area. The .intent .ofthis analysis is to determine
Planning :Commission Reconsideration Memo 7.2.09 4
the project's cumulative.. development impacts, appropriate project mitigation and
improvements necessary_ to offset a specific project's impacts.
14) :Goals andPolicies for: the :new ;RUA. Such Goals *Policies should establish the nature
and characterof future development proposals, and they should include thecriteria used
to evaluate future land use applications in the RUA. Because each RUA is unique and
different, consult with staff about what form would be best for this section.
15) map, ...,
RUA showing generalized tar planning Teas - , used; try transportation
corridors; general service facilities such as schools, emergency service centers, and parks;
and any otherelements determined by staff.
16) Other supporting information or documentation as deemed necessary by the County.
B.6 - B.12. - No change.
Add new Section 23-2490— Termination of Use
(Staff Comment: Planning Commission is asked to reconsider the USR processing. This Section is
proposed in order to define when USRs terminate, clarifying a "use it or lose it" condition for the
Special Use Permit. The goal of this new section is to have USRs terminate automatically and
administratively, when there is landowner consent or when no landowner contact can be
establishedso that the process in these cases does not require a Board hearing.
Situations where there is not landowner consent allow for a County Commissioner hearing, where the
applicant can attempt to show that the USE has not terminated. [Note that this is different than a
situation where the Development Standards are not being met, which results in a violation and
revocation under the authority of Section 23-2-270. It is only in these cases that the probable
cause/show cause process is utilized.] Upon termination, staff can take administrative action to
vacate the plan, and a simple standard Resolution is presented to the Board.)
A. Construction or USE pursuant to approval of a Special Use Permit shall be commenced within
three (3) years from the date of approval, unless otherwise specified by the Board when issuing the
original Permit, or the Permit shall be vacated The Director of Planning Services may grant an
extension of time, for good cause shown, upon a written _request by the landowner.
B. A Special Use shall terminate' when the USE is discontinued tor a period of three (3) consecutive
years, the. USE of the:. land changes, .or when the tune period established by the Board through the
approval process expires. The landowner may notify.P.lanning Services ofatenranation of the USE,
or Planning ' Services staff may observe that the USE has been terminated 'When either Planning
Services is notified by the landowner, or when Planning Services observes that the USE may: have
been terminated, the Planner shall send 'certified written notice to the landowner asking that the
landownerrequest to vacate the Special. Use Permit.
C. In such cases where the landowner agrees to request to vacate the Special Use Permit, such
vacation may be done administratively. In such cases where the landowner does not respond, after
originalcertified written notice, and after a second written certified notice sent no sooner than thirty
(30) days after the mailing of the first notice, then the Special Use Permit may also be vacated
administratively.
D. In such cases where the Special Use has terminated,. but the landowner does not agree to request
to.vacate the Special Use Permit, a meeting shall 'be scheduled with the Board. of. County
Pianning:Commission Reconsideration Memo 7.2.00 5
commissioners to provide the landowner an opportunity to request that the Special Use permit not be
vacated, for good cause shown. If the Board determines that the Special Use has terminated and no
good cause has been shown for continuing the Permit, then the termination becomes final and the
Special Use permit is vacated.
E. County staff shall draft a Board resolution setting forth the determination that a Special Use is
terminated. Record of such action and a copy of the resolution will be kept in the files of the Clerk to
the Board. The Board of County Commissioners shall arrange for the Clerk to the Board to record the
resolution.
F. Special Use Permit Plan Maps. Termination of a use shall allow the Special Use Permit, and the
Special Use Permit Plan Map, to be administratively vacated from county documents. If a Special Use
Permit Plan Map is vacated because the Special Use Permit was revoked due to non-compliance with
the Permit, map or DEVELOPMENT STANDARDS, the vacation shall be processed as described in
Section 23-2-270 above. If a partial vacation is proposed because of a decrease in the land mass, it
shall be processed as described in Section 23-2-280.B — Changes to a Special Review Permit.
Amend Section 23-3-30. Accessory uses.
Staff Comment: Planning Commission is asked to reconsider this section so that the word "permitted" is
only used in situations where a permit is required; in other cases, "allowed" is used. Substantive changes
are proposed to cargo containers - which do not require a zoning permit - to allow for more of them in
small agricultural lots and larger agricultural lots. Text changes are proposed to the use of semi -trailers
as accessory storage - which do require a zoning permit - in order to make it easier to understand. Other
associated changes are proposed later in the Code, to Sections 23-4-165 and 23-4-900, to make the overall
permitting process easier to understand for semi -trailers used as storage. Text changes proposed to the
description of commercial vehicles are onlyJOr clarity and consistency, although the Board has requested
that other, substantive changes he considered. These are still being researched.)
A — J. No change.
K. Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory
STRUCTURE in the A (Agricultural) Zone District may be allowed permitted 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 Section 23-3-40.AA (Use by Special Review).
A cargo container used for storage 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 for storage.
2. The cargo container used for storage will not be used on any basis as a DWELLING or as
overnight or temporary housing for any person.
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
making it unmovable.
5. A cargo container used for storage 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
Planning Commission Reconsideration Memo 7.2.09 6
of maintenance, vandalism or infestation with vermin or rodents. Any such cargo container used for
storage 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 site.
6. A cargo container used 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. Up to two (2) semi trailers may be used for 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. ( One [I] 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, may be permitted according to
the procedure and zoning permit requirements outlined in Section 23 4 165 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 Section 23-3-40.0 (Use by Special Review).
M. COMMERCIAL VEHICLES. Parking and operation of one Eli 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 23-4-165 23-4-950 of this
Chapter. Parking and operation of one ( I ) 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. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be allowed on from
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.
When the property is located within an approved or recorded subdivision, or part of a LOT which is part of
a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be
permitted through Section 23 4 950 of this Code. No additional COMMERCIAL VEHICLES are allowed,
unless part of a commercial or industrial USE otherwise permitted by Section 23-3-40.R (Uses by special
review) of this Chapter.
N. No change.
Amend Section 23-3-40. Uses by Special Review
A — Z. No changes (other than previously recommended).
AA. More than one (1) the number of cargo containers allowed as a use by right per legal lot or
parcel.
Add new Section 23-4-510. Duties of the Department of Planning Services
(Staff Comment: Planning Commission is asked to reconsider a change to "C, " having appeals go to
the County Commissioners rather than the Board ofAppeals. Doing so would be consistent with how
other administrative zoning permits are handled.)
Planning Commission Reconsideration Memo 7.2.09 7
A. The applicant shall submit the application fee and inforMtit on required herein to the Department
ofPlanning Services: The submittal shall be reviewed tercoinpleteness and the applicant notified
of any inadequacies Once the submittal is determined complete, Planning staff and other
agencies . such as the Department of Public Works, the affected fire-; district, the Colorado
Department of Transportation, and the DepartrneptofPubhc Health and Environment shall review
the submittal.
B. After review and comment by the review agencies;., the:Departnient of Pli ning Services shall
make final determination of approval or denial of the permit. ` Such determination shall be made
based on its conformance with Chapter 22 ofthis Cede andanyotherapplicable code provision or
ordinance in effect, sound land use planning practices,. comments received from agencies to which
the proposal was referred, and standards contained in this Chapter.
C. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to
the Director of Planning Services, within ten (10).days of receipt of the denial notice. A meeting
shall be scheduled with the . Board of County Commissioners to provide the landowner an
opportunity to appeal the: denial,for good cause shown.; If the landowner does not submit a
wmtten:appeal, the denial becomes:final.
Re uml6CV ton :23-4910 to 23-4,93.0...Jelegatlon: ofautbority.
(StaffComment: Since the first Planning Commission hearing, staffhas noticed a mistake in the first
draft of sub -section B. What was listed as "an opportunity to appeal the termination" has been
corrected to "an opportunity to appeal the denial. ' )
A. As first recommended by Planning Commission.
B. if the Department of Planning.Services denies the Permit, the applicant may appeal, in writing to
the Director of Planning Services, within ten (10) days .of. receipt of the denial notice. A meeting shall
be scheduled with the Board of County Commissioners to provide the landowner an opportunity to
appeal the denial, for good cause.shown,• if the landowner does not submits Written appeal, the denial
becomes final.
Re -number Section 23-4-960 to 23-4-980. Delegation of authority,
(Staff Comment: Since the, first Planning Commission hearing, staff has noticed a mistake in the first
draft of sub -section B. What was listed as "an opportunity to appeal the termination" has been
corrected to "an opportunity to appeal the denial.")
A. As first recommended by Planning Commission.
B. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to
the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall
be scheduled with the Board of County Commissioners to provide the landowner an opportunity to
appeal the denial, for good cause shown. If the landowner does not submit a written 1, the dente
becomes final.
Add new Section 24-3-80.: Failure to commence a minor subdivision finial plat.
(Staff Comment: Staff requests that Planning Commission hear additional testimony about
commencement and reconsider its recommendation of a 3 -year timeframe)
Planning Commission Reconsideration Memo 7.2.09 8
11 110 construction has begun or no use established in the mint subdivision within one (1) year of the date
of the approval of the minor subdivision final plan, the Board of County Commissioners may require the
landownertto appear before it and present evidence substantiating that the final plat has not been abandoned
and:. that the applicant possesses the willingness and ability to continue the minor subdivision. TheBoard of
County Commissioners may extend the date for initiation of the minor subdivision construction and shall
annually require the applicant to demonstrate that theminor subdivision has not been abandoned. If the Board
of County Commissioners determines thatconditions:support ngthe original approval of the minor subdivision
final plat have changed or that the landowner cannot implement the minor subdivision final plat, the Board
may, after a public hearing, revoke the minor subdivision final plat and order the recorded minor subdivision
vacated.
Add new Section 244..70. Failure to commence a major subdivision: l *aLplat
(Staff Comment: Staffrequests that Planning Commission hear additional testimony about commencement
and reconsider its recommendation of a 3 -year limeframe.)
Yf..no.consttuction has begun or no use .established in the major subdivision within one (1) year of the date
of the approval of the major subdivision final plan, the Board of County Commissioners may require the
landowner to appear beforeit:and present evidence substantiating that the final plat has not been abandoned
and that the applicant possesses:the willingness and ability to continue the major subdivision. The Board of
County Commissioners may extend the date for initiation Of the major subdivision construction and shall
annually require the applicant to demonstrate: that the major Subdivision has not been abandoned. If the Board
of County Commissioners determines that conditions.. supporting the original approval of the major subdivision
final plat have changed or thatthe landowner cannot implement the major subdivision final plat, the Board
may, after a public hearing, revoke the major subdivision final plat and order the recorded major subdivision
vacated.
Main Section 26-1-50. PLTD Districts in MUD areas (as currently.: sting in the Cede).
(Staff Comments: At its June 2 hearing, the Planning Commission accepted staff's recommendation
that this Section be eliminated from the Code, to allow all subdivision processes to be used and to
attempt to clarify ambiguous language. However, there has been further discussion of what the
underlying zoning in the MUD/RUA 's allows and how this has historically been interpreted. While
these larger questions are explored, staff recommends leaving this section of the Code for the time
being.)
Planning Cotnmission Reconsideration Memo: 7.2.09 9
PROPOSED CODE CHANGES
SUMMARY SHEET
111k:
COLORADO
Case: 2009 Spring Code Changes Hearing Date: June 2, 2009
Staff: Brad Mueller
Request: Changes to Chapter 23, Chapter 24, and Chapter 26 of the Weld County Code.
The Planning Commission has, among its duties, the ability to consider newly proposed text amending
Chapter 23, as indicated in Section 23-2-120 of the Code. The Board and Planning Commission may
also from time to time review, revise, and adopt related regulations concerning comprehensive planning,
signage, the subdivision of land, and the building codes.
The Department of Planning Services' staff has received input from the following departments:
• Attorney's Office
• Clerk to the Board's Office
• Department of Public Health and Environment
• Department of Public Works
• Department of Building Inspection
• Department of Planning Services
• Zoning Compliance Division
In addition, broad topic areas for potential revision were reviewed in a work session with the Board of
County Commissioners on February 23 and a written update provided the week of May 18, 2009. A
notice was posted in the newspaper of record, the Greeley Tribune, on May 15, 2009, and a courtesy
press release provided to County media on June 1, 2009.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THE PROPOSED
CHANGES TO THE WELD CODE BE APPROVED FOR THE FOLLOWING REASONS'
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.
2009 Spring Code Changes Page 1
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.
The attached memo summarizes proposed planning -related Code changes, as well as specific Sections
of the Code proposed for amendment.
2009 Spring Code Changes Page 2
46t:rm;
WI�'Yc
COLORADO
Memorandum
TO: Planning Commissioners
DATE: PC DRAFT 5.25.09
FROM: Brad Mueller
Department of Planning Services
RE: Spring 2009 Code Changes
CC: Bruce Barker; Planning Staff
A request for various Code changes related to planning and zoning are proposed. The Planning
Commission is scheduled to consider these at the June 2 hearing.
Planning Staff regularly maintains a list of potential future Code changes in reaction to
experiences during land use processing, feedback from County landowners, and an overall effort
to improve efficiency and fairness in the Code.
Following is an overview of some of the items that Staff has flagged for consideration by the
Planning Commission and County Commissioners. Staff discussed these broad topic areas with
the County Commissioners in a work session on February 23 in order to get some basic input on
the concepts prior to bringing them through the full hearing process. An updated list was
provided to them the week of May 18, and the Board indicated that Staff should proceed through
the process.
After the "Overview of Major Topics" section below, specific text changes to the Code are
recommended, indicating additions (highlighted) and/or deletions (strike through). Several
administrative changes are not summarized in the Overview section, but are found only in the
Proposed Text Changes section, either because the reason for the change is generally self-
evident, or because it is for organizational purposes only.
The proposed code revisions have been reviewed through a referral process to the Health and
Public Works departments and the Attorney's Office, with changes made as applicable. Some
issues remain in discussion, including the Board's questions about commercial vehicles. Any
subsequent changes will be presented at the Planning Commissioner hearing.
Overview of Major Topics
• Termination of Use — USRs (administrative vacation). There are dozens of properties with
Special Use Permits that no longer are relevant to the property. There is no guidance in the
Code as to how to how long a USR is valid, or how to vacate these. In the past, these have
been brought to the Board for a decision to vacate them. In practice, neither staff nor
landowners pursue these much, because it takes time and proactive effort to set this up with
the Board. The result is that many invalid USRs remain "on the books."
The proposed Code changes create an explicit, administrative process for the termination of
USRs, effectively vacating them with a landowner's permission. Vacations are always done
with the landowners' concurrence.
Planning Commission DRAFT 5.25.09
The vacation action is completely different than revocation of special use permit, which is
done when there is probable cause found that the use is being conducted in a manner that
is inconsistent with the approved permit. No changes are proposed to the revocation
process (found at Section 23-2-270), which would continue to result in "probable cause" and
"show cause" hearings before the Board.
• Termination of Use — Site Plan Reviews. This section is reorganized, and a provision is
added that requires construction to begin within 3 years (with an option for extension).
• Cargo containers in the Agricultural Zone District. Currently only one cargo container per lot
is allowed in the Agricultural Zone District as an Accessory Use (regardless of lot size or
status). Having more than one per lot currently requires a USR. The proposed changes
continue to allow only one per lot in agricultural subdivisions, but they would also allow up to
two cargo containers on non -subdivision agricultural lots less than 80 acres in size, and up
to five on 80+ acre lots. More than five are already allowed as a Use by Special Review
(Section 23-3-40.AA).
• Process Clarifications for Administrative Zoning Permits. A number of changes are
proposed to reorganize the language and clarify the processes for semi -trailers used as
accessory storage, and commercial vehicles. In cases where a process is practiced but not
in the Code (e.g., sending referrals, mailing notices), new language is also added. The
processes remain fundamentally the same, although a clear appeal process to the Board is
created, for the situation where staff denies a request.
• Add a Temporary Seasonal Use Permit. Facilities for the sale of fireworks and Christmas
trees are allowed in the A, C, and I Districts. For the purposes of administration, the
department has instituted a policy requiring a very simple seasonal use permit. Staff
proposes to add simple Code language to support this practice, as well as to include
seasonal fruit and vegetable stands.
• Add Outdoor Storage as a defined use. The Code adequately addresses outdoor storage
when such storage is accessory to the use, such as equipment storage for a manufacturer.
However, when storage is the principle use — such as RV storage, or storage of oil pipes —
the Code is ambiguous. The proposed text corrects this and adds outdoor storage as a use
by right in the C-3, 1-2, and 1-3 Zone Districts.
• Schools & allowing commercial schools in commercial/industrial areas. The current
definition of schools expressly excludes driving schools and dance schools, but none of the
Zone Districts makes allowance then for this type of use. Theoretically, these would not be
allowed anywhere in Weld County. The proposed text changes create three categories of
schools: PUBLIC SCHOOLS (e.g., typical neighborhood schools); SCHOOLS (more
expansive traditional learning centers, such as universities and private schools); and
COMMERCIAL SCHOOLS (includes narrow trade schools and arts class schools).
This new COMMERCIAL SCHOOLS use is proposed as a use by right in the C-1, C-2, C-3,
and I-1 Districts when limited to indoor instruction only. It is proposed as a Use by Special
Review in the 1-2 and 1-3 Districts.
• Temporary Mobile Homes. The code currently requires a zoning permit for mobile homes in
the Commercial and Industrial Zone Districts, even though a Site Plan Review or Use by
Special Review permit might already specify the location of mobile homes on the site.
Changes are proposed to clarify that a zoning permit generally is not required, unless for a
Planning Commission DRAFT 5.25.09 2
temporary use that is not part of the general, permanent use. Also, clarifications are
proposed that would allow administrative extension of the temporary use up to two times
beyond the six months otherwise allowed, using an approach that currently exists for
temporary batch plants.
• Cargo containers in the Industrial Zone Districts. Currently it is difficult to interpret whether
and when cargo containers are a use by right in the Industrial Zone Districts. Staff proposes
to make the language explicit that cargo containers are allowed as Accessory Structures in
the most intense Industrial Zone Districts, 1-2 and 1-3.
• BOA rules. The Board of Adjustments adopted new Bylaws on June 28, 2006, which allow
for total membership of five members, with four votes required to reverse staff decisions,
and three votes required to grant a variance. The Zoning Code currently makes reference to
a nine -member BOA, and it requires six votes to both reverse administrative staff decision
and grant variances. Staff will propose language to make the Code consistent with the
Bylaws, which will also make them consistent with the County Charter.
• Time limit to record final plan. While the Code contains time limits for recording a PUD Final
Plan after it has been approved, there are no such time limits for either the basic Minor
Subdivision or Major Subdivision processes. There is no good reason for this different
approach, so staff recommends applying these timelines for basic Minor/Major Subdivisions
as well. This situation also exists for time limits to commence construction on a Final Plan
and for failure to comply with the final plat, so changes are also proposed for Minor/Major
Subdivisions that parallel these requirements for PUDs.
• Changes to Chapter 26. An update to Chapter 26 is proposed in order to reflect the new
terminology for Mixed Use Development areas to Regional Urbanization Areas. Also, a
change is proposed to eliminate the current requirement that all zoning within the MUD/RUA
be of the PUD type, since there are no practical reasons why straight County zone districts
couldn't be used as well. Finally, additional language is proposed to clarify that the mere
presence of a property within an RUA does not create automatic presumption that non -urban
uses, as allowed by existing (ag) zoning, are somehow incompatible in the Area.
Planning Commission DRAFT 5.25.09 3
Proposed Text Changes
Text to be added or changed is highlighted. Text to be omitted is stricken through.
Amend Section 23-1-90. Definitions.
(Staff Comment: Proposed definition allows for truck, dance, and other non-traditional schools.
Outdoor Storage is proposed to account more directly for a common land use.)
No numbering changes or omission of any terms, but insert these alphabetically:
COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business, trade,
commercial, industrial, clerical, managerial, or artistic skills, such as a beauty SCHOOL, ceramic
store, or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated
privately for profit and that do not typically offer a complete educational curriculum. This
classification excludes establishments that provide training in an activity that is not otherwise
generally permitted in the zone district Incidental instructional services in conjunction with another
primary use shall not be considered a COMMERCIAL SCHOOL.
OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use, preservation, or
disposal, and associated with land USES such as the sales, rental, distribution, or wholesale sale of
products, supplies, and/or equipment.
SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL,
community college, junior college, college or university; an independent or parochial SCHOOL which
satisfies the compulsory SCHOOL attendance requirements appearing in the School Attendance Law
of 1963, Article 33 of Title 22, C.R.S.; but the word SCHOOL does not include dance SCHOOLS or
driving SCHOOLS. or a COMMERCIAL SCHOOL, as defined herein.
Amend Section 23-2-150. Intent and applicability.
(Staff Comment: This amendment simply moves an existing clause to a newly proposed Section 23-2-
170. This new section is designed to explain the type of change - "major" or not major.)
A - J. No change. Re -letter "M" to he "L".
K. Applications for a Site Plan Review located in the Mixed Use Development area a Regional
Urbanization Area shall adhere to any and all applicable regulations in Chapter 19 and any other
County ordinance in effect.
L. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review
map. Major changes from the approved Site Plan Review map shall require the approval of
an amendment of the Site Plan Review map by the Department of Planning Services. The
Department of Planning Services is responsible for determining whether a major change
exists. Any changes shall be filed in the Department of Planning Services with the Site Plan
Review file. The applicant or owner shall submit an Improvements Agreement agreeing to
construct the required improvements as shown in the application, plans and other supporting
documents. The Agreement shall be made in conformance with the County policy on
collateral for improvements. The Agreement shall be approved by the Board prior to
recording the final exhibit or plat, if applicable.
M. Omit.
Planning Commission DRAFT 5.25.09 4
Amend Section 23-2-200. Intent and applicability.
(StaffComment: Staffregularly uses the industrial and commercial standards when creating Use by
Special Review Development Standards and Conditions of Approval for industrial/commercial uses
located in the Agricultural Zone District. Though arguably implied, the current Code does not
explicitly allow this, and the proposed language would resolve any uncertainty.)
A. Uses by Special Review are USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed By Right in a particular zone district. Therefore,
Uses by Special Review require additional consideration to ensure that they are established and
operated in a manner that is compatible with existing and planned land USES in the
NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the
application to a Use by Special Review of Performance, Design and Operations Standards listed both
herein and for applicable USES from any zone district, are is -designed to protect and promote the
health, safety, convenience and general welfare of the present and future residents of the COUNTY.
Add new Section 23-2-170. Changes & Termination of Use
(Staff Comment: This new section is designed to create a clear sub -section dealing with changes to
SPRs. It explains the type of change — "major" or not major. It also requires that construction
begin, and continual progress be made, within 3 years, or the Site Plan Review terminates. This
prohibits construction from happening years later, based on outdated assumptions.)
A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map
and the approved use and type of occupancy. Major changes from the approved Site Plan Review
map, USE, or type of occupancy shall require the approval of an amended Site Plan Review by
the Department of Planning Services. The Department of Planning Services is responsible for
determining whether a major change exists, in which case a new Site Plan Review application
and processing shall be required, Any other changes shall be filed in the Department of Planning
Services in the approved Site Plan Review file.
B. Construction pursuant to approval of a Site Plan Review shall be commenced, and continual
progress made, within three (3) years from the date of approval, or the approval shall terminate.
The Director of Planning Services may grant an extension of time, for good cause shown, upon a
written request by the landowner.
Amend Section 23-2-200. Intent and applicability.
(Staff Comment: These items, related to the uses and termination of USRs, are proposed to be
relocated and integrated into a new Section 23-2-290., "Termination of Use." Note that a
termination of use and vacation of the USR is different than a revocation of the USR, as already
prescribed by Section 23-2-270.)
A — D. No changes.
E. If the Use by Special Review has not commenced within three (3) years from the date of approval
or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The
COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to
commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it
shall be necessary to follow the procedures and requirements of this Section in order to reestablish any
Use by Special Revie w
Planning Commission DRAFT 5.25.09 5
FT E. Applications for Special Review Permits shall be completed as set forth in Section 23-2-260.
The complete application and application fees shall be submitted to the Department of Planning
Services.
G. Any decrease in the land mass occupied by a Use by Special Review shall qualify the landowner to
be able to request a partial vacation of the Use by Special Review from the Board of County
Commissioners, permitting the following:
1. The subject property under eonsideration for a partial vacation of the Use by Special Review
has received permission to release the property from the permit from applicable County and State
agencies. An example would be the release of a portion of a gravel mining operation from the
Colorado State Division of Mining Reclamation and Safety at the completion of the reclamation
activities on the subject property. Es idence of such release shall be provided to the Department of
Planning Services with the request to vacate such portion of the property.
2. This process does not create separate parcels.
3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall:
a. Submit a letter to the Department of Planning Services requesting the partial vacation.
b. Submit a revised map to the Department of Planning Services illustrating the vacated portion of
the property and the existing permit.
4. Upon determination of compliance w ith the original Use by Special Review permit and all
applicable applications, this Chapter and Chapter 29 of this Code by the Department of Planning
Services, the applicant shall be granted a partial vacation of the Use by Special Review permit.
5. Once approved, the applicant must submit a plat conforming to Section 23 2 260 D of this
Code. This plat shall illustrate the vacated portions of the property/operation. The plat shall contain
two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The
second shall illustrate the use boundary after the partial vacation.
1•L F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements, as shown in the applicant application, plans and other supporting documents.
The agreement shall be made in conformance with the County policy on collateral for improvements.
The agreement shall be approved by the Board prior to recording the final exhibit or plat, if applicable.
Revised Section 23-2-280. Changes to a Special Review Permit.
(StaffComment: This section currently defines how "major changes" — and those that are not major
changes -- are handled. Because a partial vacation of the USR is a type of change to the Special Use
Permit, it is appropriate to move this information from Section 23-2-200. The new proposed "B "
sub -section is only re -located. By moving this, all of the regulations concerning use, change of use,
and termination of use are now consolidated at the back of the overall USR section. Currently, this
information is scattered throughout the section.)
A. Any approved Special Review Permit shall be limited to the items shown on the Special Review
plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved
Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit shall
require the review of an amendment to the permit by the Planning Commission and approval by the
Board of County Commissioners before such changes from the plan map or DEVELOPMENT
STANDARDS are permitted. The Department of Planning Services is responsible for determining
Planning Commission DRAFT 5.25.09 6
whether a major change exists. Any other changes shall be filed with the Department of Planning
Services with the approved Special Review Permit.
B. Any decrease in the land mass occupied by a Use by Special Review shall qualify the landowner to
be able to request a partial vacation of the Use by Special Review from the Board of County
Commissioners, permitting the following:
I. The subject property under consideration for apartial v tion of the Use by Special Review
has received permission to release the property from the permit from applicable County and State
agencies. An example would °be the release of a portion of a gravel mining operation from the
Colorado State Division of Mining Reclamation and Safety at the completion of the reclamation
activities onthe subject property, Evidence of such release shall be provided to the Department of
Planning Services with the request to vacate such portion of the property.
2. . This process• does not create separate parcels.
3' :...Tonbtain a partial vacation of the Lite by Special Review permit, the applicant shall:
a.....Submit :a letter to the Department of Planning Services requesting the partial vacation.
h.. $1bmit a revised map to the Department of Planning Services illustrating the vacated portion of
the property and: the existing permit.
# :::```Upon determination of compliancewiththe original Use by Special Review permit and all
applicable applieatioaj:this Chapter and Chapter 29:of this Code by the Department of Planning
Services, the applicant shall be granted`a partial` vacation of the Use by Special Review permit.
5. Once approved, the applicant must submit a plat conforming to Section 23-2-260 D of this
Code, This plat shall illustrate the vacated portions ofthe The plat shall contain
two(2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation:: The
second. shall illustrate the use boundary after the partly vacation.
Add new Section 23-2-290. Termination of Use
(Staff Comment: This Section is proposed to define when USRs terminate. Adding this Section in this
location makes sense, because it would immediately follow the section about "Changes to a Special
Review Permit" [Section 23-2-280].
The goal of this new section is to have USRs terminate automatically and administratively, when
there is landowner consent, so the process does not require a Board hearing. Some of the concepts
are relocated from existing Code sections, so that all applicable regulations are located in the same
place.
Situations where there is not landowner consent are usually the result ofa violation, in which case the
Special Use Permit is revoked under the authority of Section 23-2-270. It is only in these cases that
the probable cause/show cause process is utilized.
Rather than having to wait 3 years for a use to terminate, this proposes that it take place immediately
upon notification by the landowner, or observation by county staff after proper notification and
agreement by the landowner. Also, rather than refer to a supposed "inactive" status — which has
always been unclear as to how to administer — it simply recognizes the use as terminated. Upon
termination, staffcan take administrative action to vacate the plan and a simple standard Resolution
is presented to the Board as a consent item.)
Malign DRAFT 5.25,09 7
A. Construction or use put cant to:approval of a Special Use Permit shall be commenced within three
(3) years from the date of approval, unless otherwise specified by the Board when issuing the original
Permit, or the approval shall terminate. The Director of Planning Services may grant an extension of
time, for good cause shown, upon a written:. request by the landowner:
B. A Special Use Permit shall terminate when the USE of the land changes, the use is no longer
occurring, or when the time period' established by the Board through the approval process expires,
whichever occurs first.. The landowner may notify Planning Services of a termination of the use, or
Planning Services staff may observe that the use has been terminated. When either Planning Services
is notified by the landowner, or when Planning Services observes that the use has been terminated, the
Planner shall send certified written notice to the landowner. The landowner may appeal, in writing to
the Director of Planning Services, within ten (10) days of receipt of the termination notice. A meeting
shall be scheduled with:the Board of County Commissioners to provide the landowner an opportunity
to appeal the termination, for good cause shown: If the landownerdoes not submit a written appeal,
the termination becomes final.
C,. County staff shall draft a Board. resolution setting forth the determination that a Special Use is
terminated.: The resolution may be considered on the Board's Consent Agenda. Record of such action
and.a copy of the resolution will be kept in the files of the Clerk to the Board. The Board of County
Commissioners' shall arrange forte Clerk to the Board to record the :resolution..
]b: Special UaePetrit.plah Maps."1ertmmnationofa use shall allow the Special USe Permit, and the
Special Use Permit Plan Map, to b e atlministratiyeiy Vacated from county documents. If a Special Use
Permit Plan Map isvacated because the Special Use Permit was revoked, due to non-compliance with
the Permit, map or DEVELOPMENT STANDARDS, the vacation shall be processed as described in
Section 23-2-270 above. If a partial vacation is proposed because of a decrease in the land mass, it
shall be processed as described in Section 23-2-2.80;B - Changes to a Special Review Permit:
Amend Section 23-3-20. Uses by Right
(Staff Comment: Add permit reference for temporary use permits in A Zone District.)
A — W. No change.
X. TEMPORARY seasonal uses,: including fruit and vegetable stands, and facilities for the sale of
fireworks and Christmas trees, subject the � permit requirements of Article IV, Division 7 of this
Chapter, except. as allowed without a permit per Section 23-3-20.D.
Amend Section 23-3-30. Accessory uses.
(Staff Comment: Changes are proposed to cargo containers — which do not require a zoning permit — to
allow for more ofthem in small agricultural lots and larger agricultural lots. Text changes are proposed
to the use of semi -trailers as accessory storage — which do require a zoning permit — in order to make it
easier to understand. Other changes are proposed in the code, to Sections 23-4-165 and 23-4-900, to
make the overall permitting process easier to understand for semi -trailers used as storage. Text changes
proposed to the description of commercial vehicles are only for clarity and consistency.)
A — J. No change.
K. Cargo container as Accessory STRUCTURE. One (1) cargo container as an Accessory
STRUCTURE in the A (Agricultural) Zone District may be permitted for storage of goods inside the unit
on lots in an approved or recorded subdivision plat, or LOTS which are pert of a: map' or plan filed prior to
Planning Commission.. DRAFT: 5.25.09 8
the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District Two (2)
cargo containers may be permitted 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 permitted on property equal to
or greater than eighty (80) acres in size. Additional containers may be allowed on all lot sizes, as described
in Section 23-3-40.AA (Use by Special Review).
A cargo container used for storage 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 for storage.
2. The cargo container used for storage will not be used on any basis as a DWELLING or as
overnight or temporary housing for any person.
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
making it unmovable.
5. A cargo container used for storage 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 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 site.
6. A cargo container used 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. Up to two (2) semi trailers may be used for 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. ( One [I] 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, may be permitted according to
the procedure and zoning permit requirements outlined in Section 23-4-165 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 arepart 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. (One [ 1 ] semi trailer used as accessory storage 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 may be permitted according to the
procedure and requirements outlined in Section 23 4 165 of this Chapter for the purpose of storing goods
inside the unit.) Additional semi -trailers used as accessory storage may be allowed on all lot sizes and types,
as described in Section 23-3-40.0 (Use by Special Review).
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 ofamap 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 23-4-165 23-4-950 of this
Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be permitted 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 fled prior to adoption of any regulations controlling subdivisions, without a zoning
permit. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be permitted on from
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.
Planning Commission DRAFT 5.25.09 9
When the property is located within an approved or recorded subdivision, or part of a LOT which is part of
a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be
permitted through Section 23 1 950 of this Code. No additional COMMERCIAL VEHICLES are
permitted, unless part of a commercial or industrial USE otherwise permitted by Section 23-3-40.R (uses
by special review) of this Chapter.
N. No change.
Amend Section 23-3-40. Uses by special review.
(Staff Comment: Within the A Zone District, these proposed changes correct discrepancies in the
animal training and boarding description. They also eliminate an existing definitional requirement
about compatibility, since it is impossible to determine that outside of the USR process.)
A. No change.
B. Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including:
1 — 9. No change.
10. ANIMAL BOARDING and Animal training and boarding facilities animal TRAINING
FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-
3-50.D is exceeded or when the use adversely impacts surrounding properties, including
noise, odor, lighting or glare, traffic congestion or trash accumulation. 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.
C — P. No change.
Q. ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in
Section 23 3 50.D below are exceeded and/or the traffic that is generated by the boarding
activity exceeds sixty (60) trips per day to and from the property. Deleted.
R — DD. No change.
Amend Section 23-3-210. C-1 (Neighborhood Commercial) Zone District
(Staff Comment: Add permit reference for temporary use permits in C-1, C-2, & C-3 Zone Districts.
Also, propose to add new Commercial Schools use.)
A. No change.
B. Uses Allowed by Right
1— 3. No change.
4. COMMERCIAL SCHOOLS, limited to indoor instruction.
4 — 8. Re -numbered 5 - 9.
Planning Commission DRAFT 5.25.09 10
97 10. 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.
10:-11 Re -numbered 11 — 12.
Amend Section 23-3-230. C-3 (Business Commercial) Zone District
(Staff Comment: Propose to add new Outdoor Storage as a Use by Right.)
A. No change.
B. Uses Allowed by Right
1— 14. No change.
15. OUTDOOR STORAGE, when SCREENED from public rights -of -way and ADJACENT
properties.
Amend Section 23-3-240. C-4 (Highway Commercial) Zone District
(Staff Comment: Add permit reference for temporary use permits in C-4 Zone District.)
A. No change.
B. Uses Allowed by Right
1-6. No change.
7. 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.
8. No change.
Amend Section 23-3-310. I-1 (Industrial) Zone District.
(Staff Comment: Add permit reference for temporary use permits in I-1 Zone District. Also, propose to
add new Commercial Schools use.)
A. No change.
B. Uses Allowed by Right.
I — 5. No change.
6. COMMERCIAL SCHOOLS; limited to,it►tiOor instruction.
6 — 7. Renumbered 7 — 8.
Manning Commission DRAFT 5.25.09 11
& 9 TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the
sale of fireworks and Christmas trees, subject to the permit requirements ofArticle.IV
Division 7 of this Chapter.
9. Renumbered 10.
Amend Section 23-3-320. 1-2 (Industrial) Zone District.
(Staff Comment: Add Outdoor Storage and cargo containers to 1-2. Add permit reference for
temporary use permits in 1-2 Zone District. Also, propose to add new Commercial Schools use as
Special Use Permit.)
A. No change.
B. Uses Allowed by Right.
1 — 7. No change.
8. 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.
9. No change.
10. OUTDOOR STORAGE, when SCREENED from public rights -of -way and ADJACENT
properties.
C. Accessory Uses.
I — 6. No change.
7. Cargo containers.
D. Uses by Special Review.
1-13. No change.
14. COMMERCIAL SCHOOLS.
Amend Section 23-3-330. 1-3 (Industrial) Zone District.
(Staff Comment: Add Outdoor Storage and cargo containers to 1-3. Add permit reference for
temporary use permits in 1-3 Zone District. Also, propose to add new Commercial Schools use as
Special Use Permit.)
A. No change.
B. Uses Allowed by Right.
1— 8. No change.
Planning Commission DRAFT. S.2S:09 12
9. Temporary -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.
10. No change.
11. OUTDOOR STORAGE, when SCREENED from public rights -of -way and ADJACENT
properties.
C. Accessory Uses.
1 — 6. No change.
7. Cargo containers.
D. Uses by Special Review.
1 — 14. No change.
15. COMMERCIAL SCHOOLS.
Delete all of Section 23-4-165. Use of semi -trailers as accessory storage.
(Staff'Comments: This section is proposed to be moved to Article IV, Division 10 ("Storage ofSemi-
Trailers"), where it is better suited. These regulations are easy to overlook in it current Division,
which addresses mobile homes, not semi -trailers.)
A. One (I) semi trailer used as accessory storage 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 may be permitted for the purpose of storing agricultural goods and
nonagricultural goods inside the unit, upon a determination that:
1. Electricity is the only utility which will be eonnected to the semi trailer used for accessory storage.
2. The semi trailer used for accessory storage will not be used on any basis as a DWELLING or as
overnight or temporary housing for any person.
3. The semi trailer used for accessory storage will maintain current licensing.
4. The property upon which the semi trailer used for accessory storage is located is a LEGAL LOT.
5. No structural component of the semi trailer used for accessory storage will be removed and thereby
result in the semi trailer being unmovable.
6. The semi trailer used for accessory storage will not be allowed to deteriorate into a state of disrepair.
Such disrepair would include, but not be limited to, a semi trailer for accessory storage partially or totally
damaged by fire, earthquake, wind or other natural causes, or a semi trailer in a state of general
dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with
vermin or rodents. Any such semi trailer shall be restored to and maintained in the original condition upon
being placed on the site or shall be removed from the site.
7. The semi trailer used for accessory storage will be removed from the property upon cessation of
such USE.
8. The semi trailer used for accessory storage will not in any manner be used to display signs.
B. This zoning permit shall not be transferable by the applicant and/or owner to any successor; the zoning
permit shall terminate automatically upon conveyance or lease of the property.
C. A zoning permit for one (I) semi trailer for accessory storage 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, may be issued by the Department of Planning Services upon the
Planning Commission DRAFT 5.25.09 13
determination that the criteria of this Section are met. If the applicant is not able to meet the criteria
stated in this Section, the Board of County Commissioners shall review the application for
compliance with the criteria set out in this Section 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 one (1) semi trailer for
accessory storage has been requested for the property, the meeting date and a telephone number
where further information may be obtained. The sign shall be posted at least ten (10) days prior to
the meeting date and evidenced with a photograph. The Board of County Commissioners shall
consider any testimony of surrounding property owners concerning the effects of the semi trailer for
accessory storage on the surrounding properties. In addition, the Board of County Commissioners
shall consider compatibility of the semi trailer for accessory storage 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.
Revise title only: Article IV Supplementary District Regulations & Zoning Permits
(Staff Comment: Proposed for clarification.)
Revise Section 23-4-220. Mobile homes in C or I Zone District.
(Staff Comments: Changes are proposed to avoid requiring a separate mobile home permit, when a
Site Plan or Special Use Permit always is already existing or being created. Other changes allow for
the administrative extension of temporary mobile homes in these districts.)
A. A zoning permit for the USE of one (1) MOBILE HOME may be permitted as an ACCESSORY
USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts upon a
determination by the Department of Planning Services that:
1. The MOBILE HOME is necessary for the effective and economic operation of the business,
COMMERCIAL or industrial activity.
2. The MOBILE HOME will not be used for residential purposes other than for the purpose of
the protection or control of the principal USE.
3. Adequate water and sewage disposal facilities are available to the MOBILE HOME.
4. The applicant must obtain a BUILDING permit for the MOBILE HOME and comply with the
installation standards of Chapter 29 of this Code.
A zoning permit shall not be required for a MOBILE HOME in the Commercial or Industrial
Zone District, if such information is already reflected in an approved Site Plan Review or Special
Use Permit, as determined by the Planner.
B — C. No change.
Planning Conunission DRAFT 5.25.09 14
D. All MOBILE HOMES as ACCESSORY USES to the principal USE in C or I 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 MOBILE HOME shall be removed from the
property upon the cessation of the USE of the MOBILE HOME 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 incrementsat thediscretion of the Director of Planning Services up to two
(2) times, and thereafter by the Board of County Commissioners.
Add new Division 7 Temporary Seasonal Uses
(Staff Comments: New section is proposed in order to codify a process that is currently done by
policy only, regarding fruit/vegetable stands, fireworks and Christmas tree sales.)
Add new Section 23-4-500. Intent and applicability
(Staff Comment: New for temporary seasonal use permits.)
The intentof the •Temporary Seasonal Use procedure: is; to provide an administrative process for the
regulation of seasonal, uses and accessory structures, including fruit and vegetable stands, and those for
the sale of fireworks or Christmas trees. Other similar temporaty.seasonal uses may be approved by
the Director of Planning Services.
Add sew Section 23»4~510. Duties of the Department. of Planning Services
(Staff Comment: New text to clarify processing of temporary seasonal use permits.)
A. The applicant shall submit the application fee and information required herein to the Department
of Planning Services. ' The submittal shall be reviewed for completeness and the applicant notified
of any inadequacies. Once the submittal is determined complete, Planning staff and other
agencies such as the Department of Public Works, the affected fire district, and Department of
Public Health and Environment shall reviewthe submittal.
B. After review and comment by the review, agencies, the Department of Planning Services shall
make final determination of approval or denial of the permit. Such determination shall be made
based: on Its conformance with Chapter 22 of this Code and any other applicable code provision or
ordinance in effect, sound land use planning practices, comments received from agencies to which
the proposal wasreferred, and standards contained in this Chapter.
C. Denial'of the seasonal permit tatty :be.appealed to the Board of Adjustment, in
days of denial by the Planning Division
Add new Section 23-4-520. Application requirements for temporaIr seasonal use pares
(Staff Comment: New text to outline temporary seasonal use permits.)
The following supporting documentation shall be submitted as:a'part of the application:
in
A. A TEMPORARY seasonal use permit application form provided by the D e .. :. ilatut ng
Services.
B. A copy of a deed or legal instrument identifying the applicant's interest in Abe property under
consideration.
Planning Commission DRAFT 525.09
15
C : A detailed description of the proposed USE, including the location of proposed parkingareas or
parking lots,and evidence -that the USE meets the requirements of the zone district
D. Evidence that the USE shall have an adequate :source of potable water.
E. Evidence that the USE in the zone district shall have adequate sewage disposal facilities, which
may include TEMPORARY sewage disposal facilities (i.e., portable toilets), as determined by the
Department of Public Health and Environment.
F. A completed County Road Access information Sheet providedby: the Department of Planning
Services.
G. The number of employees associated with the USE.
H. A generalized sketch map drawn ona.sheet of paper •ei an 1/2) byelairan
(1 I) inches. The sketch map shall belegible and include'the following: information:
L. The boundary of the property:
2.: The boundary of the proposed USE;
.......:..:.....:.......:.......... .
3. A north arrow..
4....:.:The::location of all existing. andproposed':driveways and accesses associated with the
parking lot*
S... The games of any existing roads or highways abutting the proposed property.
6: All existing structures on the proposed: property, located in proximity to the proposed
USE,
7. All easements or rights -of -way located on the .proposed property:
8: Location of sewage disposal facilities.
Revise Division 10 Storage of Semi -Trailers as Accessory Storage
(Staff Comment: Change to title in order to reflect use of semi -trailers as storage, not storage of
semi -trailers.)
Add: nevv Section 23-4-900, Intent and Applicability
(Staff Comment: This section is the relocated Section 23-4-165 and contains changes to help with
clarity. Other clauses from Section 23-4-165 are relocated to Sections 23-4-910 and -920 below.)
A,: One..( I jsemi-trailer used as accessory storage on lots in an approved or recorded subdivision plat, or
LOTS whieh arc part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in
the A (Agricultural)) Zone. District may be permitted through issuance of Permit for a Semi -Trailer as Accessory
Storage. (No zoningperoit is required for up to two [2J semi -trailers used for accessory storage on agricultural
parcels not in an approved .or. recorded subdivision plat.or which are part of a map or plan filed prior to
the adoption ofatly: regulations controlling subdivisions in. the A: [Agricultural) Zone District. Additional semi-
...
trailers used as accessory storage may be allowed on various other lot sizes and types, as described in Section
23-3-40 U. tUse by Special Reviewj).
B. • When required, a Zoning Permit for Semi -Trailer as Accessory Storage may be permitted for the
purpose of storing agricultural goods and nonagricultural goods inside the unit upon a determination that:
1. Electricity is the only utility which will be connected to the semi -trailer usfd far.aecessoryatorag+e.:
Planning Commission DRAFT 5.25.09 I6
2. The semi -trailer: used for armory storage will not be used on any basis as a :DWELLING 'Das
Overnight :or:temporary housing for any person.
3 The semi -trailer used for accessory: storage will maintain current licensing.
4. The property upon which the semi -trailer used for accessorystorage is located .is a LEGAL LOT,
5: No structural component of the semi -trailer used for accessory storage will be removeda d thereby
result in the semi -trailer being unmovable.
6. The semi -trailer used for accessory:storage will not be allowed to deteriorate into a state of disrepair.
Such disrepair would include, but not be limited to, a semi trailer for accessory storage partially or totally
damaged by fire, earthquake, wind or other, natural causes, or a semitrailer in a state of general
dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with
vermin or rodents: Any such semi -trailer shall be restored to and maintained in the original condition upon
being placed on.the.site or shall be removed from the site,
7. :Thesemi-trailer used for accessory storage will be removed from the opeiCt t::up eeS ion Of
such: USE.
9.: The semi -trailer used for accessory Storage will not .i0:any fliannerr be
ay.s gns.
1.0. The semi: trailer used for accessory storage is compatible with::the surrounding ar m and in harmony
with the character of the NEIGHBORHOOD.
11. Permitting a semi -trailer usedfor accessory .storage °. would have.: no ne
immediate area, or the general health, safety and :welfare of the inhabitants `of tlie" aria ann
COUNTY.
Re -number and Revise Section 23-4-900 to 23-4-910, Semi -trailer as acce sa4 atot ge.peiratit
requirements.
(Staff Comment: Re -numbers the section and makes minor revision to the permit reference. Proposed
Item J is relocated from Section 23-4-165 and was intended to be included when the Code regulation
was first adopted.)
No semi trailer may be stored on a property situated within an unincorporated town or subdivision in the A
of a semi trailer: An application fora Zoning Permit for a.Sethi.Trailer as Accessory Storage of a semi trailer
shall include the following:
A — K No change.
J. Notification responses of at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the semi trailer. This zoning
permit shall not be transferable by the applicant and/or ovto any successor; the zoning permit shall
terminate automatically upon conveyance or lease of the property.
Planning Commission DRAFT 5.25.09 17
Add New Section 23-4-920. Referral process.
(Staff Comments: This section is added to acknowledge and authorize the existing practice ofsending
semi -trailers as accessory storage permit applications out on referral, as well as the 500 foot
neighborhood poll)
Upon determination that the application submittal is complete, the Department of Planning Services shall:
A. Refer the application to applicable referral agencies for review and comment. Agencies can
include the Department of Public Works and any others deemed necessary. The agencies shall
respond within twenty-one (21) days after the mailing of the application by the COUNTY. ` The
reviews and comments solicited by the COUNTY are intended to provide the COUNTY with
information about the proposed USE. The COUNTY may consider all such reviews and comments
and may solicit additional information if such information is deemed necessary. The reviews and
comments submitted by a referral agency are recommendations to the COUNTY.
B. Send a request for comment in support or opposition regarding the Zoning Permit for a semi -trailer
as accessory storage 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,
upon receipt of the application. 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
permitting process, even if such error results in the failure of a surround property owner to receive
such notification.
Re -number Section 23-4-910 to 23-4-930. Delegation of authority.
(Staff Comment: Re -numbers the sub -section. New text is proposed that defines what recourse an
applicant has, when staff denies an application. Also, the additional text of what to do when over
30% of the neighbors express concern is taken from Section 23-4-165, a section which is proposed to
be eliminated, and re -located here. Some new language is added to better explain the process.)
A. The Board of County Commissioners delegates the authority to issue a zoning permit for a semi-
trailer which otherwise requires the approval of the Board of County Commissioners through a public
hearing process to the Department of Planning Services upon a determination by the Department that:
A: I . The applicant is in compliance with the criteria identified in this Chapter for the specific
category of zoning permit for which application is being made.
B7 2. The Department of Planning Services has sent notice and has not received signed notification
of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the
subject property in opposition to the location of the semi -trailer. If opposed, the petition shall
indicate that the surrounding property owners who have signed the notification have objections to
the issuance of a zoning permit for the semi -trailer.
B. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to
the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall
be scheduled with the Board of County Commissioners to provide the landowner an opportunity to
appeal the termination, for good cause shown. If the landowner does not submit a written appeal, the
denial becomes final.
C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or
more of surrounding property owners within five hundred (500) feet of the subject property are in
opposition to the permitting of a semi -trailer as accessory storage, then the Board of County
Planning Commission DRAFT 5.25.09 18
Commissioners shall review the application for compliance wiihthecriteria:ne ou in. this Seetiettata
regularly scheduled meeting of the Board:
1. The Department of Planning Services will notify the applicam, granting ten (10) business
days to determine if they want to proceed With the application.
ent of Planning Seices of*e ***Ore i ta:..
�: If the applicant nothfies the bepartm r .. ,., ph' _ , .
with the application, the Department will request a heating date _ and tithe: the:Cierk
to the. Board and prepare a staff report.
:.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, notless 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.
4::.. The Department of Planning Services shall post a sign for the applicant on the property in
question indicating that one: (I) semi -trailer as accessory storagehas been requested for
the property, the meetingdate and a telephone number where further information may be
obtained.' The sign shall be posted at least ten (10) days prior to the meeting date and
evidenced with a photograph.
st The Board of. County.: Commissioners shall. consider any testimony of surrounding
property owners concerning the effects of thesemi-trailer as accessory storage on the
surrounding properties and its compliance with the criteria set out in this Section.
Add new Section 23.4-950. Intent and Applicability
(Staff Comment: This section is proposed to make up for the fact that no intent section or approval
criteria are currently specified for commercial vehicle permits.)
A. 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, through issuance of a
Commercial Vehicle Permit.
B.. When.requi ;a Zoning Permit for a Commercial Vehicle may be.persmtt.. upon a determination that:
1:..::The property upon which the COMMERCIAL VEHICLE.. is located isaLEGAL. LOT.
2.. The COMMERCIALpropertyupon. cessation of such USE.
VEHICLE will be removed from the
3. The. COMMERCIAL VEHICLE is compatible with the surrounding area and in harmony with the
characterof the NEIGHBORHOOD
4. Permitting a. COMMERCIAL VEHICLE would have no negative effects upon the immediate area,
or the general health, safety and welfare of the inhabitants of the:areaand the COUNTY.
Planning Commission DRAFT 5.25.09 19
Re -number and Revise Section 23-4-950 to 23-4-960. Commercial vehicle permit requirements.
(Staff Comment- Re -number the section and makes minor revisions so that this section has parallel
construction to what is found for semi -trailer zoning permits.)
No commercial vehicle may be parked on, and operated from, a property situated within an unincorporated
town or subdivision, unless permitted through a zoning permit for a commereial vehicle. An application for
any Zoning Permit for a Commercial Vehicle zoning permit for a commercial vehicle required by this Division
shall include the following:
A — E. No change.
1. Notification responses of at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the commercial vehicle.
J: I. This zoning permit shall not be transferable by the applicant and/or owner to any successor; the
zoning permit shall terminate automatically upon conveyance or lease of the property.
Add New Section 23-4-970. Referral process.
Upon determination that the application submittal is complete, the Department of Planning Services shall:
A. Refer the application to applicable referral agencies for review and comment. Agencies can
include the Department of Public Works and any others deemed necessary. The agencies shall
respond within twenty-one (21) days after the mailing of the application by the COUNTY. The
reviews and comments solicited by the COUNTY are intended to provide the COUNTY with
information about the proposed USE. The COUNTY may consider all such reviews and comments
and may solicit additional information if such information is deemed necessary. The reviews and
comments submitted by a referral agency are recommendations to the COUNTY..
B. Send a request for comment in support or opposition regarding the Zoning Permit for a
COMMERCIAL VEHICLE 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, upon receipt of the application. 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 permitting process, even if such error results in the failure of a surround property owner to receive
such notification.
Re -number Section 23-4-960 to 23-4-980. Delegation of authority.
(Staff Comment: Re -numbers the sub -section. New text defines what recourse a commercial vehicle
permit applicant has, when staff denies an application. Furthermore, additional text is proposed to
explain what to do when over 30% of the neighbors express concern; currently the code says it then
goes to a hearing, but it does not specify how that situation is handled.)
A. The Board of County Commissioners delegates the authority to issue a zoning permit for a
commercial vehicle which otherwise requires the approval of the Board of County Commissioners
through a public hearing process to the Department of Planning Services upon a determination by the
Department that:
Planning Commission DRAFT 5.25.09 20
A. 1. The applicant is in compliance with the criteria identified in this Chapter for the specific
category of zoning permit for which application is being made.
B- 2. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of
the subject property in opposition to the location of the commercial vehicle. If opposed, the petition
shall indicate that the surrounding property owners who have signed the notification have objections
to the issuance of a zoning permit for the commercial vehicle.
B. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to
the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall
be scheduled with the Board of County Commissioners to provide the landowner an opportunity to
appeal the termination, for good cause shown. If the landowner does not submit a written appeal, the
denial becomes final.
C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or
more of surrounding property owners within five hundred (500) feet of the subject property are in
opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County
Commissioners shall review the application for compliance with the criteria set out in this Section at a
regularly scheduled meeting of the Board:
1. The Department of Planning Services will notify the applicant, granting ten (10) business
days to determine if they want to proceed with the application.
2. If the applicant notifies the Department of Planning Services of their desire to proceed
with the application, the Department will request a hearing date and time from the Clerk
to the Board and prepare a staff report.
3. 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.
4. The Department of Planning Services shall post a sign for the applicant on the property in
question indicating that one (1) commercial vehicle has been requested for the property,
the meeting date and a telephone number where further information may be obtained.
The sign shall be posted at least ten (10) days prior to the meeting date and evidenced
with a photograph.
5. The Board of County. Commissioners shall consider any testimony of surrounding
property owners concerning the effects of the COMMERCIAL VEHICLE on the
surrounding properties and its compliance with the criteria set out in this Section.
Planning Commission DRAFT 5.25.09 21
Amend Section 23-6-20. Appeals of administrative decisions.
(Staff Comment: Corrects the number of BOA members to be consistent with the County Charter.)
APPEALS to the Board of Adjustment brought under the provisions of Section 23-6-10 A above
must be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error.
APPEALS of administrative decisions shall be made and processed as set forth below.
A — B. No change.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the APPEAL. Seven (7) members of the nine member Board of Adjustment shall constitute a
quorum for the transaction of business. The Board of Adjustment shall make its deoision based only on
the information presented at the public hearing. The concurring vote of six four (6 4) members of the
Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL of an
administrative decision brought pursuant to this Chapter. The Board's of Adjustment decision shall be
based upon only the information presented at the public hearing and the its interpretation of Chapter 23 of
this Code.
Amend Section 23-6-30. Appeals for interpretation of zone district boundaries or lot lines.
(Staff Comment: Corrects the number of BOA members.)
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 B above shall be
made and processed as set forth below:
A — B. No change.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the APPEAL. Seven (7) members of the nine member Board of Adjustment shall constitute a
quorum for the transaction of business. The Board of Adjustment shall make its decision based only on
the information presented at the public hearing. The concurring vote of six four (6 4) members of the
Board of Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL for
interpretation of zone district boundaries or lot lines brought pursuant to this Chapter. The Board's of
Adjustment decision shall be based upon only the information presented at the public hearing and the its
interpretation of Chapter 23 of this Code.
Amend Section 23-6-40. Appeals for variance.
(Staff Comment: Corrects the number of BOA members.)
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 C above shall be
made and processed as set forth below.
A — B. No change.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the APPEAL. Seven (7) members of the Board of Adjustment shall constitute a quorum for the
transaction of business. The Board of Adjustment shall make its decision based only on the information
presented at the publie hearing. The concurring vote of si* three (6 3) members of the Board of Adjustment
shall be necessary in order to decide in favor of the appellant on any APPEAL for variance brought pursuant to
this Chapter. An appeal for variance of the terms of this Chapter, Chapter 26 or Chapter 27 of this Code shall
Planning Commission DRAFT 5.25.04 22
not be granted until and unless the Board of Adjustment, based only upon the information presented at the
public hearing and its interpretation of Chapter 23 of this Code, has found and determined that:
1. Special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE
or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS
in the same zoning district.
2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights
commonly enjoyed by other properties in the same zoning district under the terms of this Chapter.
3. The special conditions and circumstances do not result solely from the actions of the
appellant.
4. The reasons set forth in the application and testimony justify the granting of the variance,
and the variance is the minimum variance that will make possible the reasonable USE of the LOT,
BUILDING or STRUCTURE.
5. The granting of the variance will be in harmony with the purpose and intent of this Chapter,
and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the public health,
safety or welfare.
The Board of Adjustment decision shall be based upon the interpretation of Chapter 23 of this
Code.
Amend Section 23-6-50. Appeals for variance within Flood Hazard Overlay District.
(Staff Comment: Corrects the number of BOA members.)
APPEALS to the Board of Adjustment brought pursuant to Section 23-6-10 C shall be made and
processed as set forth below:
A — B. No change.
C. Duties of the Board of Adjustment.
I . The Board of Adjustment shall hold a public hearing to consider the APPEAL. Seven (7)
members of the Board of Adjustment shall constitute a quorum for the transaction of business. The Board
of Adjustment shall make its decision based on all technical evaluations, all relevant factors, standards
specified in subsection 2, below, and in other sections of this Chapter, and any information presented at the
public hearing, and its interpretation of Chapter 23 of this Code. The concurring vote of si* three (6 3)
members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any
APPEAL for VARIANCE of the terms of this Chapter within the Flood Hazard Overlay District brought
pursuant to this Chapter. The Board of Adjustment decision shall be based upon the interpretation of
Chapter 23 of this Code.
Add new Section 24-3-70. Failure to record a minor subdivision plat.
(Staff Comment Proposed in order to be consistent with timelines required ofPUDfinal plans.)
If a final plat has not been recorded within one (1) year of the date of the approval of the minor subdivision
final plat, 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 minor subdivision final plat has not
Planning Commission DRAFT 5.25.09 23
been abandoned and that the applicant possesses the willingness and ability to record the final 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 final plat cannot be met, the Board may, after a public hearing; revoke
the minor subdivision final plat.
Add new Section 24-3-80. Failure to commence a minor subdivision final plat.
(Staff Comment: Proposed in order to be consistent with timelines required ofPUD final plans.)
If no construction has begun or no use established in the minor subdivision within one {1) year ofthe date
of the approval of the minor subdivision final plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the final plat has not been abandoned
and that the applicant possesses the willingness and ability to continue the minor subdivision. The Board of
County Commissioners may extend the date for initiation of the minor subdivision construction and shall
annually require the applicant to demonstrate that the minor subdivision has not been abandoned. lithe Board
of County Commissioners determines that conditions supporting the original approval of the minor subdivision
final plat have changed or that the landowner cannot implement the minor subdivision final plat. the Board
may, after a public hearing, revoke the minor subdivision final plat and order the recorded minor subdivision
vacated.
Add new Section 24-3-90. Failure to comply with the minor subdivision final plan.
(Staff Comment: Proposed in order to be consistent with timelines required ofPUD final plans.)
The Board of County Commissioners may serve written notice upon such organization or upon the owners
or residents of the minor subdivision setting forth that the organization has failed to comply with the minor
subdivision final plat. Said notice shall include a demand that such deficiencies of maintenance be cured
within thirty (30) days thereof. A hearing shall be held by the Board of County Commissioners within fifteen
(15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may
modify the terms of the original notice as to deficiencies and may give an extension of time within which they
shall be rectified.
Amend Section 24-4-40. Final plat.
(Staff Comments: No text changes are proposed. The existing sections A, B, and C are re -located to
create a new Section 24-4-50, so that the construction of the Major Subdivision section is the same as
that in the Minor Subdivision section found at Section 24-3-60. The subsequent re -lettering is done to
be consistent with Section 24-3-50.)
A. Any person wanting to apply for a major subdivision final plat review shall arrange for a
preapplication conference with the Department of Planning Services. An applicant shall submit a
complete final plat application with the required number of application copies and application fee to the
Planner. The required number of application copies shall be determined by the Planner. Final plats that
are intended to make minor changes to existing subdivisions may request a war% er of some conditions
during the Planning Staffs approval. The applicant shall contact Planning Services for direction.
B. Preliminary plan approval mu t be obtained from the Board prior to submitting a final plat. A
final plat shall be submitted for approval within one (i ) year of the date a preliminary plan has been
approsed by the Board of County Commissioners. No final plat submission shall be accepted after
expiration of the one year period unless an extension of time has been granted by the Board. An
extension of time may be granted by the Board upon written request of the subdis ider within one (1)
Planning Commission DRAFT 5.25.09 24
year of the date of approval of the preliminary plan. Any plat submitted after expiration of the approval
period without a time extension shall be processed as a new preliminary plan applieation.
C. The final plat shall conform to the approved preliminary plan. The Board may approve a
modified final plat if changes reflect improv ements in design or changes have occurred to surrounding
land uses or the environment since the time of the preliminary plan approval.
I} An applicant shall submit a complete major subdivision final plat application with the required
number of application copies and application fee to the Planner. The required number of application
copies shall be determined by the Planner. The following information shall be submitted as part of a
final plat application.
4-. A. A final plat application form provided by the Planner.
2: B. A copy of a title commitment issued by a title insurance company or a title opinion by an
attorney licensed to practice in the State. The commitment or opinion shall set forth the names of all
owners of property. The commitment or opinion shall include a list of all mortgages, judgments, liens,
easements, contracts and agreements of record in the County affecting the property described in the
application. If the attorney's opinion or title commitment discloses additional holders or owners of such
mortgages, judgments, liens, easements, contracts or agreements, not party to the application, the Board
may require them to join in and approve it. The title commitment or opinion shall be completed within
thirty (30) days prior to the application submission date.
3- C. On separate sheets attached to the final plat application form, the following information is
required:
a: 1. A description of the type of uses proposed for the subdivision.
b: 2. A summary of any concerns identified during the preliminary plan application process with
an explanation of how the concerns will be addressed or resolved.
e: 3. The total number of lots proposed.
d- 4. A description of the subdivision circulation system, including sidewalk width, road width,
type and depth of road surface, curb and gutter, valley pan, width and depth of borrow ditches and
vehicle parking arrangement.
e- 5. A statement indicating if on -street parking will be permitted within the proposed
subdivision.
f: 6. A statement describing the ownership, function and maintenance of any school site, open
space or park within the proposed subdivision.
g. 7. If the applicant is to dedicate land for schools, roads, parks or other public purposes, a
letter of intent from the appropriate public agency stating that it will accept the lands to be dedicated.
It 8. A description of the proposed water system accompanied by an estimate of the total gallons
per day required to serve the subdivision.
+ 9. A water supply resource report. The report will contain written evidence that a water
supply of sufficient quality, quantity and dependability will be available to serve the proposed
subdivision. Such evidence may include, but shall not be limited to, the following: evidence of
Planning Commission DRAFT 5.25.09 25
ownership or use of existing water rights; historic use and estimated yield of claimed water rights;
amenability of existing rights to a change in use; and evidence that a public or private water supply is
available. The amount of water available for use within the subdivision, feasibility of extending
services and evidence concerning potability of the water supply for the proposed subdivision shall be
identified.
j 10. A copy of a contract or some tangible guarantee providing for a common water supply if
water is required to be supplied by a water district, municipality or other agency.
k7 11. A description of the proposed sewer system. The description shall include an estimate of
the total number of gallons per day of sewage to be treated by public sewer or the suitability of
another means of disposal if public sewer is not required.
1- 12. A copy of a contract or other tangible guarantee providing for adequate sewage treatment
by a public sewage treatment agency if public sewage treatment is required.
m, 13. A statement explaining how recommendations of the Colorado Geological Survey will be
met.
w. 14; A list of any covenants, grants of easement and restrictions imposed upon any land,
buildings and structures within the proposed subdivision.
e: 15. A copy of a Colorado Department of Transportation access permit if a new street intersects
with a state highway.
p: 16. f applicable, a copy of an agreement signed by the applicant and representative of the
irrigation ditch company. The agreement shall specify an agreed -upon treatment of the ditch as
provided in Section 24-6-40 of this Chapter.
q- 17. Proof of an existing easement or dedicated right-of-way when it is contiguous to an
easement or right-of-way of the proposed subdivision.
e 18. A proposed subdivision improvements agreement executed by the applicant. The
agreement forms are provided by the Planner. The agreement shall be made in accordance with the
County policy on collateral for improvements.
s: 19. If applicable, an off -site road improvements agreement executed by the applicant. The
agreement shall be in accordance with Section 24-9-20 of this Chapter.
t- 20. A drainage report shall be prepared in compliance with the requirements of Sections 24-7-
120 and 24-7-130 of this Chapter.
tr 2!. An erosion control report may be required at the request of the Department of Public
Works.
v- 22. Subdivision road plans prepared by a professional engineer licensed to work in the State.
The road plans shall be dated and bear the signature and seal of the engineer. The road plans shall
include the following minimum data:
-1-j a. Plans and profiles of all roads to be improved.
24 b. A typical cross-section of applicable roads, culverts and bridges.
c. Typical road section, including pavement design supported by soil reports, test
results and computations.
Planning Commission DRAFT 5.25.09 26
4) d. Typical or specific details of road intersections and cul-de-sacs.
e. A complete estimate of costs.
6j f. Any additional information required by the Department of Public Works.
iv: 23. A certificate from the County Treasurer showing no delinquent taxes for the area referred
to in the application materials.
x 24. A title commitment or a title opinion covering all public dedications.
i` 25. A warranty deed, if required, deeding to the appropriate entity any lands to be used for the
benefit of the public or owners and future owners of the subdivision.
26. A set of sign plans in accordance with the requirements of Chapter 23, Article IV,
Division 2.
4 D. A certified list of the names, addresses and the corresponding parcel identification
numbers assigned by the County Assessor to the owners of property of the surface estate within five
hundred (500) feet of the property subject to the application. The source of such list shall be from the
records of the County Assessor, or an ownership update from a title abstract company or attorney
derived from such records or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
5- E. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such
certification may be submitted on the date of the initial public hearing referred to in Section 24.65.5-
103(1), C.R.S.
6, F. Final plat map requirements.
a 1. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable
polyester sheet such as cronar, Mylar or other product of equal quality, three (3) millimeters or
greater in thickness. The size of each sheet shall be twenty-four (24) inches in height by thirty-six
(36) inches in width. No final plat submitted shall contain any form of stick -on type material such
as, but not limited to, "sticky -back" or adhesive film, Kroy lettering or tape. The drawing shall be at
a scale of one (1) inch equals one -hundred (100) feet.
1} 2. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing, three (3)
millimeters or greater in thickness, may be submitted.
e 3. The plat shall meet the following criteria: bear original signatures and seals; be made from
a dimensionally stable polyester sheet such as cronar or Mylar or other product of equal quality; be at
least three (3) millimeters in thickness; and all components, including signatures, shall be made with
nonfading permanent black ink.
Eh 4. If a subdivision requires more than two (2) sheets, a map showing the relationship of the
individual sheets shall be required.
e: 5. 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.
6. 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 "Rules
Planning Commission DRAFT 5.25.09 27
of Professional Conduct of the State Board of Registration for Professional Engineers and
Professional Land Surveyors — Board Policy Statements."
g. 7. The subdivision plat shall be referenced to at least two (2) public land survey monuments
of record in accordance with Section 38-53-102(7), C.R.S.
h 8. A signed copy of all Colorado Land Survey Monument Records for indicated "Aliquot
Corners" will be submitted with the final plat in accordance with Section 38-53-102(2), C.R.S. Ifan
"Aliquot Corner" indicated on the final plat is substantially as described in an existing 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 thereon shall be submitted.
i 9. The surveyor making a plat shall certify on the plat that it conforms with all applicable
rules, regulations and laws of the State, State Board of Registration for Professional Engineers and
Professional Land Surveyors and the County.
j. 10. The surveyor shall affix his or her name, seal and date of certification as prescribed in the
"Bylaws and Rules of Procedure of the State Board of Registration for Professional Engineers and
Professional Land Surveyors."
7, Cr. The final plat map shall include the following information.
a I. The basis of bearings, north arrow, subdivision, name, date, total acreage, total number of
lots, name and address of the owners of record, legal description, stated scale and graphic scale.
1* 2. The bearings, distances and curve data of all perimeter boundary lines shall be indicated
outside the boundary line, not inside, with the lot dimensions. When the plat is bounded by an
irregular shore line or a body of water, the bearings and distances of a closing meander traverse shall
be given and a notation made that the plat includes all land to the water's edge or otherwise.
e, 3. Lots and blocks shall be numbered consecutively. Bearings and lengths shall be given for
all lot lines, except for interior lot lines where the bearings and lengths are the same as both end lot
lines. All dimensions of irregularly shaped lots shall be indicated. All lot lines intersecting a curve
shall state if they are radial or nonradial lines. Lengths shall be shown to hundredths of a foot and
angular dimensions and bearings to seconds of arc.
d- 4. The area of each lot shall be shown in square feet, if less than one (1) acre. If lots are
greater than one (I) acre, the area shall be shown in acres.
e, 5. Curved boundaries and all curves on the final plat shall include the radius of curve, central
angle, chord distance and bearing.
6. Any parcel that is excepted from the subdivision shall be marked, "not included in this
subdivision." The boundaries of an excepted parcel shall be identified by bearings and distances.
g 7. All streets, walkways and alleys shall be designated and identified by bearings and
dimensions. All street names shall be shown.
Ir 8. All easements that are not parallel to a lot line shall be designated and identified by
bearings and dimensions.
Planning Commission DRAFT 5,25.09 28
t 9. The location of easements along lot lines for water, sewer, electric, gas, telephone and any
other utilities within the proposed subdivision. Utility easements shall be designed to meet
requirements of this Chapter.
j 10. A utility service statement block shall appear on the final plat map. The block shall
identify each utility company, special district or municipality intended to provide service to the
proposed subdivision. The block shall include:
-1) a. The name of each utility service company.
24 b. A dated signature and statement from the representative of the utility company
indicating one (1) of the following:
a) 1) Service is available.
b) 2) Service is available, subject to the following specific conditions.
e) 3) Service is not available for the proposed subdivision.
k7 l l . The final plat or resubdivision 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.
1 12. All land within the boundaries of the subdivision shall be accounted for either as lots,
easements, rights -of -way, private street, alley, walkway, trail or public area.
nit 13. If a final plat is revised, a copy of the original final plat shall be provided for comparison
purposes.
+r 14. The final plat or resubdivision plat shall contain the certificates and seals located at
Appendix 24-C to this Chapter. Provision shall be made for all seals to be placed approximately two
(2) inches from the final plat border.
e 15. The location of any sign requiring zoning approval shall be shown. Distances from
property lines shall be indicated.
H. An affidavit listing the names and addresses of all entities with a security interest in the
property being considered. The list shall be compiled from the title commitment issued by a title
insurance company or a title opinion by an attorney licensed to practice in the State, and shall be current
as of a date not more than thirty (30) days prior to the date the application is submitted to the
Department of Planning Services.
E. and following — re -located and re -lettered as new Section 24-4-50.
New added Section 24-4-50. Final plat processing and review procedure.
(StaffComments: Even though the minor subdivision and major subdivision processes are parallel to one
another, they are currently structured differently in the Code, causing confusion. The re -lettering and
creation ofa new sub -section addresses this. Also, last year there were Code changes made to all land use
process section that were done to allow time for referral comments to be incorporated before the Planning
Commissioner hearing was set. This section, concerning the major subdivision process, was overlooked,
so text changes are proposed to he consistent with the new process found for minor subdivisions, PUDs,
USRs, etc.)
Planning Commission DRAFT 5.25.09 29
A. Any person wanting to apply for a major subdivision final plat review shall arrange for a
preapplication conference with the Department of Planning Services. Final plats that are intended to make
minor changes to existing subdivisions may request a waiver of some conditions during the Planning Stag's
approval. The applicant shall contact Planning Services for direction.
B. Preliminary plan approval must be obtained from the Board prior to submitting a final plat. A
final plat shall be submitted for approval within one (1) year of the date a preliminary plan has been
approved by the Board of County Commissioners. No final plat submission shall be accepted after
expiration of the orte-year period unless an extension of time has been granted by the Board. An extension
of time may be granted by the Board upon written request of the subdivider within one (1) year of the date
of approval of the preliminary plan. Any plat submitted after expiration of the approval period without a
time extension shall be processed as a new preliminary plan application.
C. The final plat shall conform to the approved preliminary plan. The Board may approve a
modified final plat if changes reflect improvements in design or changes have occurred to surrounding land
uses or the environment since the time of the preliminary plan approval.
-l- D. If the final plat application complies with the approved preliminary plan application, the
Planner shall notify the Clerk to the Board to schedule a Board hearing date not more than forty five (45)
days after a complete application has been submitted. If the final plat application does not comply with the
preliminary plan application, the Planner may refer the application to the appropriate referral agency and
then notify the Clerk to the Board to schedule a Board hearing date not more than sixty (60) days after the
complete application has been submitted.
2 E. The Clerk to the Board shall give notice of the application for a final plat and the Board's
public hearing date to those persons listed in the application as owners of property located within five
hundred (500) feet of the parcel under consideration. The notification shall be mailed first class not less
than ten (10) days before the scheduled public hearing.
3 F. The Planner shall post a sign on the property under consideration of a major subdivision final
plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the
event the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1)
sign shall be posted in the most prominent place on the property and a second sign shall be posted where a
driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning
Services shall certify that the sign has been posted for the ten (10) days preceding the hearing date and
evidenced with a photograph. The sign shall show the following information:
a�- 1. The assigned final plat application number.
IED, 2. The date, time and place of the public hearing.
e: 3. The phone and location of the Department of Planning Services.
d- 4. The applicant's name.
e: 5. The acreage of the parcel under consideration.
6. The type of request.
4. G. The Clerk to the Board shall arrange for legal notice of the Board hearing published in the
newspaper designated by the Board for publication of notices. The date of publication shall be at least
fourteen (14) days prior to the hearing.
Sr. H. The Planner shall prepare comments for use by the Board addressing all aspects of the
application, including the following:
Planning Commission DRAFT 5.25.09 30
a: 1. Compliance with Chapter 22 of this Code, the existing or future development of the
surrounding areas as permitted by the existing zoning and with the future development as projected by
Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and
intergovernmental agreements.
137 2. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the
proposed use is located, and any adopted intergovernmental agreements or master plans of affected
municipalities.
e 3. That comments received from referral agencies have been addressed, if applicable.
d: 4. That definite provision has been made for a water supply that is sufficient in terms of quantity,
dependability and quality to provide water for the subdivision, including fire protection.
e: 5. That, if a public sewage disposal system is proposed, provision has been made for the system
and, if other methods of sewage disposal are proposed, evidence that such systems will comply with
state and local laws and regulations which are in effect at the time of submission of the subdivision.
• 6. That streets within the subdivision are adequate in functional classification, width and
structural capacity to meet the traffic requirements of the subdivision.
g 7. That off -site street or highway facilities providing access to the subdivision are adequate in
functional classification, width and structural capacity to meet the traffic requirements of the subdivision
in accordance with the requirements set forth in Article VII of this Chapter.
it 8: That facilities providing drainage and stormwater management are adequate.
i- 9. That the subdivision will not cause an unreasonable burden on the ability of local governments
or districts to provide fire and police protection, hospital, solid waste disposal and other services.
j- 10. That the subdivision will not cause air pollution violations based on Colorado Department of
Health standards.
IF 11. The subdivision conforms to the subdivision design standards of Article VII.
k 12. The subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation
of prime agricultural land and historical sites.
6 I. The Board shall hold a public hearing to consider the application and to take final action
thereon. In making a decision on the final plat application, the Board shall consider the recommendation of
the Department of Planning Services, the facts presented at the public hearing and the information
contained in the official record, including the Planner's case file. The applicant has the burden of proof to
show that the standards of Paragraphs a through I below are met. The applicant shall demonstrate:
a- I. That the proposed subdivision is located within an urban growth boundary area as defined and
adopted in any approved intergovernmental agreement, or as defined in Chapter 22 of this Code.
Ir 2. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the
proposed use is located, and any adopted intergovernmental agreements or master plans of affected
municipalities.
er 3. That comments received from referral agencies have been addressed, if applicable.
d- 4. That definite provision has been made for a water supply that is sufficient in terms of quantity,
dependability and quality to provide water for the subdivision, including fire protection.
e. 5. That, if a public sewage disposal system is proposed, provision has been made for the system
and, if other methods of sewage disposal are proposed, evidence that such systems will comply with
state and local laws and regulations which are in effect at the time of submission of the subdivision.
t 6. That streets within the subdivision are adequate in functional classification, width and
structural capacity to meet the traffic requirements of the proposed subdivision.
g 7. That off -site street or highway facilities providing access to the proposed subdivision are
adequate in functional classification, width and structural capacity to meet the traffic requirements of the
proposed subdivision.
h- 8. That facilities providing drainage and stormwater management are adequate.
t 9. That the subdivision will not cause an unreasonable burden on the ability of local governments
or districts to provide fire and police protection, hospital, solid waste disposal and other services.
Planning Commission DRAFT 525,09 31
j 10. That the subdivision will not cause air pollution violations based on Colorado Department of
Health standards.
l�l t.That the proposed subdivision conforms to the subdivision design standards of Article VII.
I: 12. That the subdivision will not have an undue adverse effect on wildlife, its habitat, the
preservation of prime agricultural land and historical sites.
l: The Board's final decision will be by resolution. A record of such action and a copy of the
resolution will be kept in the files of the Clerk to the Board. The Planner shall record an approved final plat
and resolution with the County Clerk and Recorder.
8, K. No final plat shall be considered approved and eligible for recording until the Board has
approved a subdivision improvements agreement.
L. The Board may, without a hearing or compliance with any of the submission, referral or
review requirements of this Chapter, approve a correction plat if the sole purpose of such correction plat is
to correct one (1) or more technical errors in an approved plat. The correction plat shall be consistent with
the approved final plat. This Article shall be followed when proposing other changes to a recorded final
plat.
Add new Section 24-4-60. Failure to record a major subdivision plat.
(Staff Comment Proposed in order to be consistent with timelines required ofPUD final plans.)
If a final plat has not been recorded within one (I) year of the date of the approval of the major subdivision
final plat, 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 major subdivision final plat has not
been abandoned and that the applicant possesses the willingness and ability to record the final platThe Board
of County Commissioners may extend the date for recording the plat. If the Board determines that conditions
supporting the original approval of the final plat cannot be met, the Board may, after a public hearing, revoke
the major subdivision final plat.
Add new Section 24-4-70. Failure to commence a major subdivision final, plat.
(Staff Comment: Proposed in order to be consistent with timelines required ofPUD final plans.)
If no construction has begun or no use established in the major subdivision within one (I) year of the date
of the approval of the major subdivision final plan, the Board of County Commissioners may require the
landowner to appear before it and present evidence substantiating that the final plat has not been abandoned
and that the applicant possesses the willingness and ability to continue the major subdivision. The Board of
County Commissioners may extend the date for initiation of the major subdivision construction and shall
annually require the applicant to demonstrate that the major subdivision has not been abandoned. Ifthe Board
of County Commissioners determines that conditions supporting the original approval of the major subdivision
final plat have changed or that the landowner cannot implement the major subdivision final plat, the Board
may, after a publichearing, revoke the major subdivision final plat and order the recorded major subdivision
vacated.
Add new Section 24-4-S0. Failure to comply with the major subdivision final plan.
(Staff Comment Proposed in order to be consistent with timelines required ofPUD final plans.)
The Board of County Commissioners may serve written notice upon such organization or uponthe owners
or residents of the major subdivision setting forth that the organization has failed to comply with the major
Planning Commission DRAFT 5.25.09 32
subdivision final plat. Said notice shall include a demand that such deficiencies of maintenance be cured
within thirty (30) days thereof. A hearing shall be held by the Board ofCounty Commissioners within fifteen
(15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may
modify the terms of the original notice as to deficiencies and may give an extension of time within which they
shall be rectified.
Amend Section 24-8-30. Subdivision exemption.
(Staff Comment: The text change is proposed to avoid misinterpretation of "may, " which frequently
happens. In this context, "may" does not mean "is allowed to he", but rather "might be utilized, if
applicable." The proposed revision does not result in any change to the regulation or how it has been
applied historically)
A. The subdivision exemption is intended for the following four (4) purposes:
1. Division of a parcel of interest in a parcel which does not result in the creation of a new residential
or permanent building site. When otherwise allowed by recorded exemption regulations, the The
subdivision exemption may can be utilized in conjunction with a recorded exemption to separate one (1)
additional existing habitable residence with accessory outbuildings from any of the recorded exemption
parcels. A subdivision exemption lot in conjunction with a recorded exemption created prior to March 1,
2004, is eligible for a one -time -only land exemption. A subdivision exemption lot in conjunction with a
recorded exemption created after March 1, 2004, is not eligible for a future land exemption. The
subdivision exemption must meet the following criteria:
Amend Chapter 26. Regional Urbanization Areas. — various
(Staff Comments: Update of RUA term; clarification of no implication to non -urban uses.)
CHAPTER 26
Mixed Use Development Regional Urbanization Areas
ARTICLE I
Mixed Use Development Rural Urbanization Areas ("RUAs")
Amend throughout all of Chapter 26
(Staff Comments: Update of RUA term.)
All Sections & Sub -sections
Wherever the phrase "Mixed Use Development" or "Mixed Use Development area" or
"Mixed Use Development areas " are used, change to "Regional Urbanization Area" or
"Regional Urbanization Areas"
Wherever the term "MUD" or "MUDs" or "MUD area" or "MUD are
to "RUA" or "RUAs".
are used, change
Amend Section 26-1-10. General.
(Staff Comments: Update of RUA term; clarification of no implication to non -urban uses.)
Planning Commission DRAFT 5.25.09 33
A. The Mixed Use Development Regional Urbanization aAreas (MUD areas RUA's) provide unique and
challenging opportunities for the establishment of an ongoing planning process in areas which are experiencing
increased growth and development. The presence of an interstate and state highway system and the external
growth pressures from the Longmont Metropolitan Area and the I-76 Corridor have added to the interest in
land development and population growth within these areas. The intent of this Chapter is to guide and
implement planned land use changes in the MUD -areas RUA's, particularly the conversion of rural lands to
more intensive urban -type land uses. The regulations found in this Chapter are intended to be implemented by
the land use and development policies in the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance
and Planned Unit Development Ordinance contained in Chapters 22, 23, 24 and 27, respectively, of this Code.
B. A list of common acronyms and abbreviations utilized in this Chapter is contained in Appendix 26-A to
this Chapter.
C. The location of a property within an RUA does not, by itself, create a presumption that a non -urban use
on said property which is either a use by right, accessory use, or use by special review in the A
(Agricultural) Zone District (or other districts that may also support non -urban uses), is incompatible with
current uses on surrounding properties.
Repeal and delete Section 26.1-50. PUD Districts in MUD areas.
(Staff Comments: Citizens have asked for years why PUD zoning was the only kind allowed in the
MUDs. Staff has concluded that there are no good reasons why straight zoning could not be
allowed in these areas, and proposes to eliminate this entire section. Eliminating this requirement
also eliminates confusion about what is required of existing zoned land)
A. Intent. The PUD provisions shall be applied to all proposals for commercial, industrial and residential
developments within the MUD areas, with the exception of those developments specifically called out and
outlined in Chapter 27 of this Code.
B. Exemptions from the PUD District Provisions.
require a Use by Special Review (USR) application:
a. Sand and gravel mining operations.
b. Home businesses as defined in Chapter 23 of this Code.
c. Agricultural service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including such uses as outlined in Section
23 3 /10.B of this Code.
d. Those uses which were legally created prior to the PUD requirement and located on a single
legally created lot.
(Agricultural) Zone District within the MUD areas:
a. Recorded exemption in the A (Agricultural) Zone District.
b. Subdivision exemptions.
c. Amendments to recorded exemptions and subdivision exemptions.
d. Zoning permits for mobile homes.
e. Zoning permits for accessory dwellings.
f. Manufactured home zoning permits.
g. Certificate of compliance.
h. Flood hazard and geologic hazard development permits. (Weld County Codification Ordinance
2000 1; Weld County Code Ordinance 2006 1)
Planning Commission DRAFT 5.25.09
34
Proposed Weld County Code Change — Spring 2009
Planning Commission Hearing 6/2/09
These Changes to the Motion / Draft for Recommendation are recommended by Staff:
Staff Comment: Removal of sentence concerning Consent Agenda in Sub -section C.
Add new Section 23-2-290. Termination of Use
(Staff Comment: This Section is proposed to define when USRs terminate. Adding this Section in this
location makes sense, because it would immediately follow the section about "Changes to a Special
Review Permit- [Section 23-2-280].
The goal of this new section is to have USRs terminate automatically and administratively, when
there is landowner consent so the process does not require a Board hearing. Some of the concepts
are relocated from existing Code sections, so that all applicable regulations are located in the same
place.
Situations where there is not landowner consent are usually the result ofa violation, in which case the
Special Use Permit is revoked under the authority gfSection 23-2-270. It is only in these cases that
the probable cause/show cause process is utilized.
Rather than having to wait 3years for a use to terminate, this proposes that it take place immediately
upon notification by the landowner, or observation by county staff after proper notification and
agreement by the landowner. Also, rather than refer to a supposed "inactive" status — which has
always been unclear as to how to administer — it simply recognizes the use as terminated. Upon
termination, staff can take administrative action to vacate the plan anda simple standard Resolution
is presented to the Board as a consent item.)
A. Construction or use pursuant to approval of a Special Use Permit shall be commenced within three
(3) years from the date of approval, unless otherwise specified by the Board when issuing the original
Permit, or the approval shall terminate. The Director of Planning Services may grant an extension of
time, for good cause shown, upon a written request by the landowner.
B. A Special Use Permit shall terminate when the USE of the land changes, the use is no longer
occurring, or when the time period established by the Board through the approval process expires
whichever occurs first. The landowner may notify Planning Services of a termination .of the use, or
Planning Services staff may observe that the use has been terminated. When either Planning Services
is notified by the landowner, or when Planning Services observes that the use has been terminated, the
Planner shall send certified written notice to the landowner. The landowner may appeal, in writingto
the Director of Planning Services, within ten (10) days of receipt of the termination notice. A meeting
shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity
to appeal the termination, for good cause shown. if the landowner does not submit a written appeal,
the termination becomes final.
C. County staff shall draft a Board resolution setting forth the determination that a Special Use is
terminated. Record of such action anda copy of the resolution will be kept in the files of the Clerk to
the Board. The Board of County Commissioners shall arrange for the Clerk to the Board to recordthe
resolution. EXHIBIT'
iSvfr z, b4
Planning Commission Potential Revisions to Motion 6.2.09
D. Special Use Permit Plan Maps. Termination of a use shall allow the Special Use Permit, and the
Special Use Permit Plan Map, to be administratively vacated from county documents. If a Special Use
Permit Plan Map is vacated because the Special Use Permit was revoked, due to non-compliance with
the Permit, map or DEVELOPMENT STANDARDS, the vacation shall be processed as described in
Section 23-2-270 above. If a partial vacation is proposed because of a decrease in the landmass, it
shall be processed as described in Section 23-2-280.B — Changes to a Special Review Permit.
Staff Comment Capitalization of "COMMERCIAL VEHICLE" (a defined term) throughout.
Re -number and Revise Section 23-4-950 to 23-4-960. Commercial vehicle permit requirements.
(Staff Comment: Re -number the section and makes minor revisions so that this section has parallel
construction to what is found tor semi -trailer zoning permits.)
town or subdivision, unless permitted through a zoning permit for a commercial vehicle. An application for
any Zoning Permit for a COMMERCIAL VEHICLE zoning permit for a commercial vehicle required by this
Division shall include the following:
A — E. No change.
I. Notification responses of at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the commercial vehicle.
h I. This zoning permit shall not be transferable by the applicant and/or owner to any successor; the
zoning permit shall terminate automatically upon conveyance or lease of the property.
Staff Comment: Capitalization of "COMMERCIAL VEHICLE" (a defined term) throughout.
Re -number Section 23-4-960 to 23-4-980. Delegation of authority.
(Staff Comment: Re -numbers the sub -section. New text defines what recourse a commercial vehicle
permit applicant has, when staff denies an application. Furthermore, additional text is proposed to
explain what to do when over 30% of the neighbors express concern; currently the code says it then
goes to a hearing, but it does not speck how that situation is handled.)
A. The Board of County Commissioners delegates the authority to issue a zoning permit for a
sommereial-vehiele COMMERCIAL VEHICLE which otherwise requires the approval of the Board of
County Commissioners through a public hearing process to the Department of Planning Services upon a
determination by the Department that:
A I. The applicant is in compliance with the criteria identified in this Chapter for the specific
category of zoning permit for which application is being made.
B- 2. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of
the subject property in opposition to the location of the commercial vehicle. If opposed, the petition
shall indicate that the surrounding property owners who have signed the notification have objections
to the issuance of a zoning permit for the commercial vehicle.
B. If the Department of Planning Services denies the Permit, the applicant may appeal, in writing to
the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meeting shall
Planning Commission Potential Revisions to Motion 6.2.09 2
be scheduled with the Board.of County Commissioners to provide the landowner an opportunity to
appeal the termination, for good -cause shown.;' If the landowner does not submit a written appeal, the
denial:. becomes final.
G: If the Department of Planning: Services does .receive:signed notifieatinnthatfhiity Percent (30%) or
more of surrounding. property,::owners within five hundred (500) feet of the subject property are in
opposition . to the.. permitting . of . a.. COMMERCIAL;' VEHICLE, then the Board of ounty
Commissioners shall: review; the application for compliance with the criteria set out in this Section at a
regularly scheduled tneeting.of the Board:
I. The Department of Planning Services :will notify the applicant, -granting ten (10) business
days.to determine if they. want to proceed with the' application:
2. If: the, applicant notifies the Department of Planning Services of their desire to proceed
with the application, the Departmentwill request shearing date and time from the Clerk
to the. Board And,prepare; a.staff report
3. The Board of County Coinmissioners.: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 he 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:(thesurface estate). Inadvertent errors by the applicant in
supplying such,listor 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
failureof a surrounding property owner to receive such notification.
4. The Department of Planning Services shall post a sign for the applicant on the property in
question indicating that one (1) commercial vehicle has been requested for the property,
the meeting date:and .a telephone number where further information may be obtained.
•
The. sign shall be posted at least ten (10) days prior to the meeting date and. evidenced
with a photograph.
S. The Board of County Commissioners shall consider any testimony of surrounding
property owners concerning the effects of the COMMERCIAL VEHICLE on the
surrounding properties and its compliance with the criteria set out in this Section.
Staff Comment: Staff had originally thought to delay bringing forward this item, since discussions about a
revised IGA with the Tri-towns could lead to changes in that guiding document. However, the timeline for that
is uncertain, and current projects planned for this corridor necessitate addressing the setback issue now.
Amend Section 26-2-50. Landscaping regulations.
(Ste comments: This proposed change applies only to 1-25 MUD. Text changes are proposed in
order to make it consistent with the language found in the adopted Tri-town IGA [Section 19-3-
330.F.3], as well as to clarify that the intent is to screen ground features located as far as 180 feet,
not to create a setback of that distance.)
A — C. No change.
D. Landscaping Requirements Along Roadway Corridors
Planning. Commission Potential Revisions to Motion 6.2.09
a — d. No change.
e. Applicants adjacent to 1-25 or State Highway 119 and/or strategic roads shall construct a
berm along the highway with maximum 3 1-4:'I side slopes to a height sufficient to screen elements of
the development that lie along the ground plane development (parking lots, storage areas or other
similar site elements) as far as one hundred eighty (180) feet from the right-of-way line. (fifty [50] feet
of landscape setback plus one hundred thirty [130] feet of site development). The maximum berm
height berm required shall be six (6) feet above the existing elevation at the foot of the proposed berm
in the location of the berm. If additional height of screening is necessary above the six—foot berm, I€
it shall be
achieved through dense landscape plantings. Plantings on top of berms shall be designed so as to not
create snow traps. A berm may not be required if the subject property is elevated above the roadway
and it can be demonstrated that views into the site will not be possible for a distance of one hundred
eighty (180) feet. Required landscaping and screening within the landscape setback and other portions
of the property shall be governed by the landscape standards contained within this Chapter and any
other more restrictive requirements contained in Chapters 23 and 24 of this Code. The visual
screening distance is not meant to imply an increase in setbacks that are established elsewhere in this
Code.
Planning Commission Potential Revisions to Motion 6.2.09 4
jOStve
r} United States Truck Driving School, Inc.
ctr
rricP-
CORPORATE HEADQUARTERS
8150 W. 481h AVENUE • WHEAT RIDGE, COLORADO 80033
TELEPHONE (303) 431 -7600 • FACSIMILE (303) 431 -8085
February 12, 2009
Michelle Martin
Planner II
Weld County Planning Office
4209 CR 24.5
Longmont, CO 80504
4068 Camelot Circle Zoning Exception
Dear Michelle:
We would like to attend the upcoming meeting of the Board, when they consider granting
an exception to the current zoning for the property referenced above.
We wish to operate a Truck Driving School at this location and the current zoning does
not allow this specific use.
We have the support of several of our neighboring businesses, including Court Moody,
Operations Manager of Pro Build/Home Lumber and Ted Drysdale, General Manager of
Alpha Construction. These businesses are located in the same Business Park and do
support our being able to operate our Truck Driving School at this location.
We are certainly willing to make any accommodations required by the committee to
ensure that our business would in no way interfere with our neighbors businesses. We
could ensure that our instructors are operating the vehicles, while leaving and entering the
Business Park, as an example.
We look forward to the opportunity take part in your next meeting.
Sincerely,
Jerry A. Miller
VP Sales & Marketing
CC: Christian Holmsen, CFO/President
EXHIBIT
s✓.�� Z, 409
Page 1 of 4
Brad Mueller
From: Anna Papke [ap@planning.org]
Sent: Friday, May 29, 2009 11:13 AM
To: Brad Mueller
Subject: PAS Inquiry - Commercial Vehicle Parking
American Panning Association
Brad,
I am writing in response to your inquiry about regulations for commercial vehicle parking in
agricultural districts that draw distinctions between large commercial vehicles (such as semi -
trucks) and smaller commercial vehicles (such as box vans).
Most municipalities have regulations that specifically address commercial vehicle parking. These
regulations typically prohibit parking of commercial vehicles on public streets and private
properties in residential and commercial zones unless those vehicles are engaged in
loading/unloading or some other temporary activity. The majority of these regulations do not
prohibit commercial vehicle parking on agricultural land, especially when these commercial vehicles
are engaged in agricultural activities. Some places, however, are similar to Weld County in that
they limit the number of commercial vehicles allowed on agricultural properties, and in some cases
require permits or enforce setbacks and screening requirements.
Unfortunately, very few places differentiate between large commercial vehicles that may have
considerable impacts, such as semi -trucks and construction equipment, and small commercial
vehicles that would have more limited impacts, such as box vans, delivery trucks and utility service
vehicles. I did find one ordinance, from the Township of Green Oak, MI, that generally prohibits
commercial vehicle parking in residential areas, but makes an exception for small box vans and
trailers, which are defined by weight and dimensions.
It seems that one way to differentiate between large commercial vehicles with high impacts and
small commercial vehicles with low impacts would be to use definitions that make these
distinctions. Along these lines, I found a set of meeting minutes from Loudoun County, Virginia, in
which staff members discuss how a more specific definition of "commercial vehicle" would allow
them to draft more complex, size- and zone -specific parking regulations. A brief survey of
ordinances from across the country reveals that municipalities define the term "commercial vehicle"
in a variety of ways. Many use a definition based on physical characteristics of the vehicle such as
weight, carrying capacity, dimensions or axle configuration. Others, such as North Lauderdale,
Florida, employ a use -based definition. Depending on the circumstances in Weld County, size- or
use -based definitions might be helpful in regulating parking of commercial vehicles with high
impacts versus those with lower impacts.
Below you will find a series of resources on this topic. Included are links to ordinances with
regulations for commercial vehicle parking in agricultural areas and ordinances that show how
definitions of "commercial vehicle" can vary from place to place. I hope you find this material
helpful. Thank you for using the PAS Inquiry Answer Service, and please let us know if we can be
of further assistance. Please return the read receipt attached to this message or otherwise
let us know that you have received this Inquiry Response.
EXHIBIT ,
-1-v ezroq
6/2/2009
Page 2 of 4
Resources
Municipal Research and Services Center of Washington. 2009. "Parking and Storage of Oversized
Vehicles (Commercial Vehicles, RV's, Boats)." Available at:
http://www.mrsc.org/Subjects/legal/nuisances/rvstor.aspx.
• Provides information on how commercial vehicle parking is handled in zoning ordinances.
Discusses how definitions of commercial vehicles can vary from place to place, and are often
based on size or dimensions.
• Provides links to commercial vehicle parking ordinance sections from municipalities in the
State of Washington.
Commercial Vehicle Parking Regulations in Agricultural Districts
Bellevue (Wisconsin), Village of. Zoning Code. Available at:
http : //www.vil lageofbe l levue.org/bellevue/departments/community+development/planning/default.
• See Articles XIII and XIV for agricultural district regulations.
• In both A-1 and A-2, one commercial vehicle that exceeds five tons is permitted as a
conditional use.
Green Oak (Michigan), Township of. 2007. "Ordinance Number 06-2007: An Ordinance to Amend
Sections...By Adding Definition of Trailer and Amplifying Regulations Dealing with Parking and
Storage of Commercial and Recreational Vehicles." PDF available at:
http://www.greenoaktwp.com/pdf/Recreational%20Vehicles%20Amendment.pdf.
• This ordinance does not specifically prohibit commercial vehicle parking in agricultural areas,
but does impose size -based restrictions on commercial vehicle parking in residential zones.
• See Section 38-314(a)(2). No outdoor parking of commercial vehicles or equipment allowed
in residential zones, except for panel trucks, cube vans and trailers that adhere to maximum
size specifications.
Jefferson (Wisconsin), County of. 2006. Zoning Ordinance No. 11. Chapter 11.04(f)1. A-1
Exclusive Agricultural. PDF available at:
http://www.co jefferson.wi.us/UserFiles/Ordinances/Files/Ordinances/Zoning0/020Ordinance%
20Chapter%2011%2012-12-2006. pdf.
• See Accessory Uses segment. Land in the A-1 district can contain non -farming equipment.
Among other equipment, property owners may have up to three semi -trailers or box trucks
on property when used for storage of agricultural applies. For more than three, a permit is
required. Setbacks and permits apply to trailers that are used as storage units.
Laketown (Michigan), Township of. Zoning Ordinance. Chapter V - AG. PDF available at:
http : //www.laketowntwp.org/images/PDF%20fi les/zoni ngcha pterV. pdf.
• See section 5.02 (h)(11) and (14). Special use permits available for removal of topsoil, rock,
sand, etc., which requires heavy trucks. Ordinance specifies that these trucks should be
stored 200' away from adjacent residences and 50' away from other properties.
Norco (California), City of. 2009. Municipal Code. Title 10. Chapter 10.16. Commercial
Vehicles/Trucks. Available at: http://www.codepublishing.com/CA/Norco/.
• See Section 10.16.060 Commercial vehicle parking prohibition. Commercial vehicles that
weigh more than 11,000 lbs. cannot park on residential or agricultural zones.
• Commercial vehicles weighing more than 11,000 lbs. cannot park in commercial or industrial
6/2/2009
Page 3 of 4
zones if they will be within 200' of a residential or agricultural zone.
Rapho (Pennsylvania), Township of. 2004. Zoning Ordinance. Article 2. Section 201: Agricultural
Zone (A). Available at: http://www.raphotownship.com/rapho/cwp/view.asp?A=5&Q=429810.
• See Part 201.3 Accessory Uses, (9). No more than one commercial truck permitted on farms
and residences in this district. Includes additional provisions for truck parking such as
setbacks, driveway length and availability of turnarounds.
San Benito (California), County of. Code of Ordinances. Title 25. Chapter 25.07: Agricultural.
Available at:
http://www.amlegal.com/nxt/gateway.dll/California/sanbenitocounty_ca/sanbenitocountycaliforniac
f=templates$fn=default.htm$3.0$vid=amlegal:sanbenitocounty_ca.
• See section 25.07.005 Conditional Uses (O). Trucks parking is a conditional use in the
agricultural districts only when they are there "in the service of agriculture" (these
conditional uses apply to both the Agricultural Rangeland and the Agricultural Productive
districts).
Scandia (Minnesota), City of. 2007. Development Code. Chapter 2. Section 9.10(3)(B).
Available at: http://ci.scandia.mn.us/vertical/Sites/{2F1D9A41-1D4D-4195-A3E4-
159328E3F399}/uploads/{F8A5F67B-393B-4D55-934D-D2E410EEC06F}.PDF.
• Parking regulations state that commercial vehicles over one ton capacity cannot park or be
stored on residential and agricultural properties. Exceptions include: trucks used for
agricultural activities on agricultural properties, and trucks owned and regularly used by the
property owner in rural residential or agricultural districts.
Washington (Ohio), Township of. 2008. Zoning Resolution. Article 6. Agricultural District. PDF
available at: http://washingtontwP.org/downloads/resolution/Article%206.pdf.
• See Section 3 Prohibited Accessory Uses - On Lots Without Agricultural Uses. Trucks of
specific weight and/or size cannot park overnight on land in this district that is not being
used for agricultural activities.
Yuba (California), County of. Ordinance Code. Title IX - Vehicle and Traffic Codes. PDF available
at: http://co.yuba.ca.us/departments/BOS/documents/ordinance/titleIX.PDF.
• Section 9.21.053 allows commercial vehicle parking in AE (Exclusive Agricultural) and A/RR
(Agricultural/Rural Residential Zone) with a conditional use permit. Properties must be a
minimum of five acres, and vehicles must park at least 50' back from the property line.
Screening of commercial vehicle, with trees and shrubs at least 15' high at maturity, also
required.
Definitions of "Commercial Vehicle"
Avon (Minnesota), City of. Zoning Ordinance. Chapter 20. Off -Street Parking. Available at:
http://cityofavommn.com/documents/AvonZoningOrdinance-Draft_000.doc.
• See definition of a commercial vehicle on pg. 2-4. Definition contingent on weight of vehicle
Daly City (California), City of. 2009. Municipal Code. Title 10. Chapter 10.32. Available at:
http://www.municode.com/Resources/gateway.asp?pid=16311&sid=5.
• See Section 10.32.150 for definition of "heavy duty commercial vehicle." This definition is
based on use, carrying capacity and weight of vehicle.
Elk Grove (California), City of. 2004. "An Ordinance of the City of Elk Grove Prohibiting the
Parking of Specified Vehicles on Public Roadways, Establishing 10.24.075 of the City of Elk Grove
6/2/2009
Page 4 of 4
Code." PDF available at: http://www.elkgrovepd.org/traffic/printables/truck-park-ord.pdf.
• Section 10.24.075 (b) establishes definition of commercial vehicle, which is based on
dimensions or weight.
Loudoun (Virginia), County of. 2008. "Vehicles Parking for Commercial Purposes." Board of
supervisors Public Safety and Human Services Committee Information Item #5, April 16. PDF
available at: http://www.loudoun.gov/controls/speerio/resources/RenderContent.aspx?
data= 28ab088ff67344f88b2c5de39542a38d&optimize=100&tabid=312&fmpath=%
2 FBoa rd+Stand ing+Com m ittees%2 FPu bl ic+Safety-Human+Services+Committee %2F 2008%2F04-
16-08%2FItem+5-Vehicles+Parking+for+Commercial+Purposes.
• Meeting minutes from a meeting in Loudoun County, VA, in which committee members
address the definition of "commercial vehicle" currently used in the zoning ordinance. The
current definition is relatively broad and so inhibits more specific commercial vehicle parking
regulations. Includes discussion of how other places in Virginia define "commercial vehicle."
North Lauderdale (Florida), City of. 2009. Code of Ordinances. Chapter 106. Article I. Section
106.3. Available at: http://www.municode.com/Resources/gateway.asp?pid=11356&sid=9.
• Definition of commercial vehicle based on use. Commercial vehicles include buses, tractor -
trailers, tow trucks, flatbed trucks, box trucks, limousines, hearses, ice cream trucks, etc.
Overland Park (Kansas), City of. 2008. Municipal Code. Title 7. Chapter 7.22 Vehicle Use,
Parking and Storage. PDF available at:
http://www. opkansas.org/_Assets/law/opmc/opmc_by_chapter/07-22. pdf.
• 7.22.030 defines commercial vehicle as any vehicle other than a passenger car, passenger
van, pickup truck, etc.
Prince William (Virginia), County of. 2009. Code of Ordinances. Chapter 13. Article X. Section
13-327. Limitation on parking commercial vehicles in residence districts. Available at:
http://www. municode.com/Resources/gateway.asp?pid= 14114&sid=46.
• 13-327 (b) defines commercial vehicles based on weight, configuration and use.
Anna Papke
Planning Advisory Service
American Planning Association
122 S. Michigan, Suite 1600
Chicago, IL 60603
ap®planning.org
6/2/2009
Otrig
IIlk
COLORADO
Memorandum
TO: Planning Commissioners (DRAFT for BCC)
DATE: Revised DRAFT 5.15.09
FROM: Brad Mueller
Department of Planning Services
RE: Spring 2009 Code Changes
CC: Bruce Barker; Planning Staff
A request for various Code changes related to planning and zoning are proposed.
Planning Staff regularly maintains a list of potential future Code changes in reaction to
experiences during land use processing, feedback from County landowners, and an overall effort
to improve efficiency and fairness in the Code.
Following is an overview of some of the items that Staff has flagged for consideration by the
Planning Commission and County Commissioners. Staff discussed these broad topic areas with
the County Commissioners in a work session on February 23 in order to get some basic input on
the concepts, prior to bringing them through the full hearing process.
After the Overview section, specific text changes to the Code are recommended, indicating
additions (highlighted) and/or deletions (strike through). Several administrative changes are not
summarized in the Overview section, but they are found only in the Proposed Text Changes
section because the reason for the change is generally self-evident, or for organizational
purposes only.
Overview of Major Topics
• Termination of Use — USRs (administrative vacation). There are dozens of properties with
Special Use Permits that no longer are relevant to the property. There is no guidance in the
Code as to how to how long a USR is valid, or how to vacate these. In the past, these have
been brought to the Board for a decision to vacate them. In practice, neither staff nor
landowners pursue these much, because it takes time and proactive effort to set this up with
the Board. The result is that many invalid USRs remain "on the books."
The proposed Code changes create an explicit, administrative process for the termination of
USRs, effectively vacating them with a landowner's permission. Vacations are always done
with the landowners' concurrence.
The vacation action is completely different than revocation of special use permit, which is
done when there is probable cause found that the use is being conducted in a manner that
is inconsistent with the approved permit. No changes are proposed to the revocation
process (found at Section 23-2-270), which would continue to result in "probable cause" and
"show cause" hearings before the Board.
DRAFT 5.15.09 1
• Termination of Use — Site Plan Reviews. This section is reorganized, and a provision is
added that requires construction to begin within 3 years (with an option for extension).
• Cargo containers in the Agricultural Zone District. Currently only one cargo container per lot
is allowed in the Agricultural Zone District as an Accessory Use (regardless of lot size or
status). Having more than one per lot currently requires a USR. The proposed changes
continue to allow only one per lot in agricultural subdivisions, but they would also allow up to
two cargo containers on non -subdivision agricultural lots less than 80 acres in size, and up
to five on 80+ acre lots. More than five are already allowed as a Use by Special Review
(Section 23-3-40.AA).
• Process Clarifications for Administrative Zoning Permits. A number of changes are
proposed to reorganize the language and clarify the processes for semi -trailers used as
accessory storage, and commercial vehicles. In cases where a process is practiced but not
in the Code (e.g., sending referrals, mailing notices), new language is also added. The
processes remain fundamentally the same, although a clear appeal process to the Board is
created, for the situation where staff denies a request.
• Eliminate Duplicate PUD Sections. A number of changes are proposed to limit the number
of references to PUDs in Chapter 23. Much of the existing language was carried over when
the Zoning Ordinance was codified in 2001, which has subsequently been largely
superseded by Chapter 27 (PUD). This is a "clean-up"; no substantive changes are
proposed. (Note that text changes are not yet below; staff is still finalizing these.)
• Add a Temporary Seasonal Use Permit. Facilities for the sale of fireworks and Christmas
trees are allowed in the A, C, and I Districts. For the purposes of administration, the
department has instituted a policy requiring a very simple seasonal use permit. Staff
proposes to add simple Code language to support this practice.
• Add Outdoor Storage as a defined use. The Code adequately addresses outdoor storage
when such storage is accessory to the use, such as equipment storage for a manufacturer.
However, when storage is the principle use — such as RV storage, or storage of oil pipes —
the Code is ambiguous. The proposed text corrects this and adds outdoor storage as a use
by right in the C-3, 1-2, and 1-3 Zone Districts.
• Schools & allowing commercial schools in commercial/industrial areas. The current
definition of schools expressly excludes driving schools and dance schools, but none of the
Zone Districts makes allowance then for this type of use. Theoretically, these would not be
allowed anywhere in Weld County. The proposed text changes create three categories of
schools: PUBLIC SCHOOLS (e.g., typical neighborhood schools); SCHOOLS (more
expansive traditional learning centers, such as universities and private schools); and
COMMERCIAL SCHOOLS (includes narrow trade schools and arts class schools).
This new COMMERCIAL SCHOOLS use is proposed as a use by right in the C-1, C-2, C-3,
and I-1 Districts when limited to indoor instruction only. It is proposed as a use by right in the
C-4 District, and as a Use by Special Review in the 1-2 and 1-3 Districts.
• Cargo containers in the Industrial Zone Districts. Currently it is difficult to interpret whether
and when cargo containers are a use by right in the Industrial Zone Districts. Staff proposes
to make the language explicit that cargo containers are allowed as Accessory Structures in
the most intense Industrial Zone Districts, 1-2 and 1-3.
DRAFT 5.15.09 2
• BOA rules. The Board of Adjustments adopted new Bylaws on June 28, 2006, which allow
for total membership of five members, with four votes required to reverse staff decisions,
and three votes required to grant a variance. The Zoning Code currently makes reference to
a nine -member BOA, and it requires six votes to both reverse administrative staff decision
and grant variances. Staff will propose language to make the Code consistent with the
Bylaws, which will also make them consistent with the County Charter.
• Time limit to record final plan. While the Code contains time limits for submitting a PUD
Final Plan after the PUD Change of Zone has been approved, there are no such time limits
for either the basic Minor Subdivision or Major Subdivision processes. There is no good
reason for this different approach, so staff recommends applying these timelines for basic
Minor/Major Subdivisions as well. This situation also exists for time limits related to
recording a Final Plan, and for time limits to commence construction on a Final Plan, so
changes are also proposed that parallel these requirements for PUDs.
• Changes to Chapter 27. An update to Chapter 27 is proposed in order to reflect the new
terminology for Mixed Use Development areas to Regional Urbanization Areas. Also, a
change is proposed to eliminate the current requirement that all zoning within the MUD/RUA
be of the PUD type, since there are no practical reasons why straight County zone districts
couldn't be used as well. Finally, additional language is proposed to clarify that the mere
presence of a property within an RUA does not create automatic presumption that non -urban
uses, as allowed by existing (ag) zoning, are somehow incompatible in the Area.
DRAFT 5.15.09 3
#A,t4
WI�'Yc
COLORADO
Memorandum
TO: County Commissioners
DATE: 2/13/09
FROM: Brad Mueller
Department of Planning Services
RE: 2/23/09 Work Session: Background information
for Spring 2009 Code Changes
CC: Bruce Barker
This memo will be the basis of discussion at the February 23, 2009, Board work session.
County Commissioners have indicated in the past that they would like Planning Services Staff to
provide an overview of proposed changes to the Zoning and Subdivision Codes prior to staff
processing such changes.
Planning Staff regularly maintains a list of potential future Code changes in reaction to
experiences during land use processing, feedback from County landowners, and an overall effort
to improve efficiency and fairness in the Code.
Following is a list of items that Staff has flagged for potential consideration by the Planning
Commission and County Commissioners.
If the Board gives Staff direction to continue pursuing these topics, we will bring the specific Code
changes through the formal hearing and review process. At that time, we would also include a
number of more technical, administrative changes that are not presented here.
• Highway 119 setback standards. Current regulations seem to require a 180 -foot building
setback from Highway 119 and 1-25 in the Del Camino area, due to vagueness in the code
language. (Section 26-2-50.D.2.e) Staff will propose a more typical setback, probably 50
feet.
• Increasing notification radius to 1,000'. County Commissioners have heard arguments from
landowners in more rural areas of the County that the rule requiring notification of land use
hearings to landowners within 500' is too little, and that it should be expanded to 1000'.
Staff is researching options, including changing the standard to 1000' for all cases, or
changing the standard to 1000' in certain rural designated areas. This issue has primarily
been raised in conjunction with USR's, but the current 500' standard also exists for various
other land use processes as well.
• Cargo containers in the Agricultural Zone District. Currently only one cargo container per lot
is allowed in the Agricultural Zone District (whether on a standard 80 -acre lot, or a non-
conforming agricultural subdivision lot). Having more than one per lot currently requires a
USR. Changes could be made to allow two cargo containers per lot, or they could be
unlimited. Another option would be to set various limits based on lot size, regardless of zone
district.
Staff would want to get more public input on this issue through the referral and hearing
process. We have received only limited public input to date. Generally, some individual
landowners who have storage -intensive hobbies or ag operations want more options, while
neighbors — particularly in smaller lot areas — prefer more restrictions.
• Cargo containers in the Industrial & Commercial Zone Districts. Currently it is difficult to
interpret whether and when cargo containers are a use by right in the Industrial Zone
Districts. Staff proposes to make the language explicit that cargo containers are allowed as
an Accessory Structure in all Industrial Zone Districts, and as an allowed accessory use in
the C-3 ("Business Commercial") Zone District.
• BOA rules. The Board of Adjustments adopted new Bylaws on June 28, 2006, which allow
for total membership of five members, with four votes required to reverse staff decisions,
and three votes required to grant a variance. The Zoning Code currently makes reference to
a nine -member BOA, and it requires six votes to both reverse administrative staff decision
and grant variances. Staff will propose language to make the Code consistent with the
Bylaws, which will also make them consistent with the County Charter.
• USR's for a "Major Facility of Public Utility." These are defined as applying to those Public
Agencies constructing mines, electric transmission lines, commercial radio towers, cell
towers, water storage facilities, power plants, substations, wastewater and water treatment
plants, and certain pipelines. These are currently processed as a different type of USR,
subject to different approval criteria (Section 23-2-400 vs. Section 23-2-220.A), and subject
only to approval by the Planning Commission and not the Board of County Commissioners.
Staff will propose changes to require Board hearings.
• 4% lot coverage. Zoning regulations prohibit Accessory Buildings from occupying more than
4% of the total lot area in subdivisions in the Agricultural District and all Residential Districts.
(Section 23-3-30, etc.) This rule appears to have been adopted about 7 years ago as a way
to avoid over -intensive use of the land, particularly on smaller lot sizes. Some landowners,
such as in Aristocrat Ranchettes, feel that this has had the effect of being too limiting on
large parcels of land, and possibly too permissive on smaller properties. After considering
various alternatives, Staff still believes this standard is appropriate, but we will seek direction
from the Board about their end goal. The way in which other jurisdictions handle this issue
varies significantly. Staff does believe that some text changes are appropriate to clarify the
standard, so some level of changes will be forwarded.
• Time limit to record final plan. While the Code contains time limits for submitting a PUD
Final Plan after the PUD Change of Zone has been approved, there are no such time limit
for either the basic Minor Subdivision or Major Subdivision processes. There is no good
reason for this different approach, so staff recommends creating these timelines for
Minor/Major Subdivisions as well. This is also true for time limits to record a Final Plan and
to commence construction on a Final Plan.
• Administrative vacation of USRs. There are probably dozens of properties with Special Use
Permits that no longer are relevant to the property. There is no guidance in the Code as to
how to vacate these, and in the past, these have been brought to the Board for a decision to
vacate them. In practice, neither staff nor landowners pursue these much, because of the
time needed to set this up with the Board. Staff would like to propose Code changes that
identify an explicit vacation process and would like to make it an administrative process.
Vacations are always done with the landowners' concurrence (versus mandating a
"revocation" when the USR is not being operated according to the Permit requirements).
2
• Add a Temporary Seasonal Use Permit. Facilities for the sale of fireworks and Christmas
trees are allowed in the A, C, and I Districts. For the purposes of administration, the
department has instituted a policy requiring a very simple seasonal use permit. Staff
proposes to add simple Code language to support this practice.
• Define "driving schools" & allow them in 1-3. The Code definition of schools expressly
excludes driving schools, but none of the Zone Districts makes allowance then for this type
of use. Staff proposes including these as USRs in the 1-3 District (which would allow them to
potentially be supported in the Ag District as well). Staff would also like to research options
for dance schools and other commercial schools that are not subject to the School
Attendance Law of 1963, which is cited to define allowed "schools" in the Code.
In addition to these topical items, a fairly long list of technical, administrative changes will be
proposed. The attached spreadsheet lists these. Staff does not anticipate discussing these with the
Board in detail, because they are not substantive in nature. Rather, staff is proposing these in order
to fix discrepancies, improve our administration of the Code, or make clear some regulation that is
currently ambiguous or confusing.
3
f
Page 1 of 2
Brad Mueller
From: Bethany Salzman
Sent: Friday, June 12, 2009 3:03 PM
To: Brad Mueller
Subject: Code Changes...
Code Changes 5.25.09
Page 4 under 23-2-150.L Sprzs ee (c,-frya
1n} approved Site Plan Review shall be limited to the items shown on the Site Plan Resicw map.
-
Maj,,r eh..i.gt.s fie„, thc ....,rrshall require thc approval of an amendment
of the Site Plan Review map by the Department of Planning Services. The Department of Planning
If improvements are not
completed prior to the plat being recorded, The applicant or owner - all submit an Improvements
Agreement agreeing to construct the req ed improvements as shown in the application, plans and
other supporting documents. The Agreement shall be made in conformance with the County policy on
collateral for improvements. The Agreement shall be approved by the Board prior to recording the
final exhibit or plat, if applicable.
Page 5 TYPO — both Intent and applicability sections pertain to USR not SPR.
Under 23-2-200 (at the bottom of page 5) (E) — I think we decided this should NOT be removed. h.e.Qu-c 4- 4
Page 6 (F) again...
coverc,4. elszv4.z
(If improvements are not completed prior to the plat being recorded he applicant or owner shall
Su
bmit an Improvements Agreement agreeing to construct the required improvements as shown in the
application, plans and other supporting documents. The Agreement shall be made in conformance
with the County policy on collateral for improvements. The Agreement shall be approved by the
Board prior to recording the final exhibit or plat, if applicable.
Under 23-2-280 Changes to a Use by Special Review permit.
***If I understand this correctly this says anyone who reduces the acreage associated with a USR can
simply submit a new plat map for a partial vacation. I think staff needs to be able to say that a partial
vacation may require an amended USR and not just automatically be approved. We have had cases
where say a dairy reduces the amount of acreage but not their approved number f animal units. I
think surrounding property owners should have a say in whether this is acceptab a or not.
444 ca4,lnl
6/19/2009
rage z OI Z
Page 8 (B)
B. A Special Use Permit shall terminate when the USE of the land changes, the use is no longer occurring, or
when the time period established by the Board through the approval process expires, whichever occurs first.
The landowner may notify Planning Services of a termination of the use, or Planning Services staff may observe
that the use has been terminated. When either Planning Services is notified by the landowner, or when Planning
Services observes that the use has been terminated, the Planner shall send certified written notice to the
landowner. The landowner may appeal, in writing to the Director of Planning Services, within ten (10) days of
receipt of the termination notice. A meeting shall be scheduled with the Board of County Commissioners to
provide the landowner an opportunity to appeal the termination, for good cause shown. If the landowner does
not submit a written appeal, the termination becomes final.
***I thought the purpose of this was to create an easier process for staff and property owners to vacatt R's.if
a property owner conceded to the termination. I think the cases where prope ners-are unable or&nQt willing
to submit a letter terminating the USR should continue to be processed as P ble/Show Cau am e
concerned that by staff simply being able to proceed with a vacation of a USR because t e property owner
didn't send a letter appealing it, cases that should not have been vacated will be and trying to re -instate a USR
vacated in error I would think... would be very difficult t'•9 f -e bti-t (s4a. aM 0-44�ttfa*-
Page 10,11&12
I think TEMPORARY seasonal uses should be exempt from the Site Plan Review process (under subsection E
of each district). They will already be required to go through the temporary seasonal use permitting process and
this would just be double...
to r_s ,e:.: -*-f — P -o1!/1 4e ,r.)e.u.}t{p-
..
LIM M4/14 A"4""-Ct
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
(970)353-6100 Ext. 3555 (office)
(970)304-6498 (fax)
bsalzman@co.weld.co.us
Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp_improve_comments.cfm
6/19/2009
Current PC recommendation:
B. A Special Use Permit shall terminate when the USE of the land changes, the use is no
longer occurring, or when the time period established by the Board through the approval
process expires, whichever occurs first. The landowner may notify Planning Services of
a termination of the use, or Planning Services staff may observe that the use has been
terminated. When either Planning Services is notified by the landowner, or when
Planning Services observes that the use has been terminated, the. Planner shall send
certified written notice to the landowner. The landowner may appeal, in writing to the
Director of Planning Services, within ten (10) days of receipt of the termination notice.
A meeting shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to appeal the termination, for good cause shown. If the
landowner does not submit a written appeal, the termination becomes final.
Reconsidered:
B. A Special Use shall terminate when the USE is discontinued for a period of three (3)
consecutive years, the USE of the land changes, or when the time period established by
the Board through the approval process expires, whichever occurs first. The landowner
may notify Planning Services of a termination of the USE, or Planning Services staff may
observe that the USE has been terminated, When either Planning Services is notified by
the landowner, or when Planning Services observes that the USE may have been
terminated, the Planner shall send certified written notice to the landowner.- The
landowner may appeal, in writing to the Director of Planning Services, within thirty (30)
days of receipt of the termination notice. A meeting shall be scheduled with the Board of
County Commissioners to provide the landowner an opportunity to appeal the
termination, for good cause shown. If the landowner does not submit a written appeal,
the termination becomes final.
4.,
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Current PC recommendation:
C. The location of a property within an RUA does not, by itself, create a presumption that a non -
urban use on said property which is either a use by right,;. accessory use, or use by special review
in the A (Agricultural) Zone District (or other districts that may also support non -urban uses), is
incompatible with current uses on surrounding properties.
or Nr e spas �ceacp -t&:
Reconsidered:
C. The location of a property within an RUA does not, by itself, create a presumption that a non -
urban use is incompatible.
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Ord. z000-c(
Page 1 of 3
Brad Mueller
ft
From: Esther Gesick
Sent: Thursday, May 21, 2009 10:18 AM
To: Brad Mueller
Cc: Bruce Barker
Subject: FW: code change question
Brad,
S (t /i
i5CG\Ss<L'? Uhr LA
In answer to your question — we record various resolutions depending on what they are (the rules are rather
extensive), but Vacations of USR's are recorded, thus I'm sure Terminations would need to be, as a means of
title tracking.
i
What is the difference between a Vacation and Termination? It seems this process already exists under a
different name. I realize that currently there is no specific Code provision; however, our procedural notes
-Indicate that March 28, 2007, kiruce provided direction stating the Board should vacate all USR's, even_those_
approved by the Nanning .Cornrn sion. Basically, it seems to me, the current�Vacation process wo?ftyell, it
simply needs to be defined in the Code, rather than coming up with an administrative process -which raises some
consistency and record keeping concerns noted below. Also, it was my understanding that the Vacation process
may take place at any time during the three-year vested term if all parties are in agreement.
If, however, an Administrative approach is desired by the Board a few questions come to mind:
.-. -r (0
rcr►�
Section A. Any Director Extensions would need be submitted to the Board to be listed on the Consent
Agenda under Communications for addition to the file. lay
(1 (rxCt ou+f6•011.r. ,# • - •
Section B. The 4th and 5th sentences deal with an Appeal process. Rather than what is proposed, I
think it would be more appropriate to refer to the formal Appeal process, which is called out in Section
2-4-10 of the Code. f LU4 ( ho•tA)
Section D should be C. It does not make sense to state the staff notice is final if the next paragraphs
states a Boa Resolution will be completed (which only happens through formal action, not the
Consent Agen I- hir 1 it would be more efficient to draft the notice in such a way that the property
owner could sign and return their acknowledgement. That document could then be recorded and
forwarded to the Board to be listed on the Consent Agenda under Communications for addition to the
file.
Section E should be D. This Section does not make sense to me. Recording the Vacation/Termination
automatically supersedes any previous records, including Resolution, plat, etc. Also, the last sentence
should refer to Section 23-2-200.G which specifically deals partial vacations due to a decrease in land
mass —there is no 23-3-280.B. -- heC� pkr* o:-,0(
Lastly, it would make things a lot easier to continue referring to this process as (Vacation,lue to how
these documents are indexed not only by the Clerk to the Board, but also by the -r an. Recorder.
Esther E. Gesick
Deputy Clerk to the Board
Weld County, Colorado
915 10th Street
Greeley. CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
of
5/21/2009
Page 2 of 3
From: Brad Mueller
Sent: Wednesday, May 20, 2009 3:44 PM
To: Esther Gesick
Subject: code change question
Esther,
General question -- does your office typically record the Board Resolutions?
Second ... we're preparing a range of possible code changes. One of them has to do with how Special Uses
"terminate." Some of this process involves your office, so I thought I'd run it past you before it gets to BCC
hearing to see if you have any thoughts.
Thanks!
Brad
Add new Section 23-2-290. Termination of Use
(Staff Comment: This Section is proposed to define when USRs terminate. Adding this Section in this
location makes sense, because it would immediately follow the section about "Changes to a Special
Review Permit" [Section 23-2-280].
The goal of this new section is to have USRs terminate automatically and administratively, when there is
landowner consent, so the process does not require a Board hearing. Some of the concepts are relocated
from existing Code sections, so that all applicable regulations are located in the same place.
Situations where there is not landowner consent are usually the result of a violation, in which case the
Special Use Permit is revoked under the authority of Section 23-2-270. It is only in these cases that the
probable cause/show cause process is utilized.
Rather than having to wait 3 years for a use to terminate, this proposes that it take place immediately
upon notification by the landowner, or observation by county staff, after proper notification and
agreement by the landowner. Also, rather than refer to a supposed "inactive" status — which has always
been unclear as to how to administer — it simply recognizes the use as terminated Upon termination, staff
can take administrative action to vacate the plan and a simple Resolution is presented to the Board as a
consent item.)
A. Construction or use pursuant to approval of a Special Use Permit shall be commenced within three (3)
years from the date of approval, unless otherwise specified by the Board when issuing the original Permit,
or the approval shall terminate. The Director of Planning Services may grant an extension of time, for
good cause shown, upon a written request by the landowner.
5/21/2009
Page 3 of 3
B. A Special Use Permit shall terminate when the USE of the land changes, the use is no longer
occurring, or when the time period established by the Board through the approval process expires,
whichever occurs first. The landowner may notify Planning Services of a termination of the use, or
Planning Services staff may observe that the use has been terminated. When either Planning Services is
notified by the landowner, or when Planning Services observes that the use has been terminated, the
Planner shall send certified written notice to the landowner. The landowner m appeal, writing to the
Director of Planning Services, within ten (10) days of receipt of the termination no A meeting shall
be scheduled with the Board of County Commissioners to provide the ndowner an opportunity to appeal
the termination, for good cause shown. If the landowner does not s mit a written appeal, the termination
becomes final.
D
C,
County staff shall draft a Board resolution setting forth the determination that a Special Use is
terminated. The resolution may be considered on the Board's Consent Agenda. Record of such action
and a copy of the resolution will be kept in the files of the Clerk to the Board. The Board of County
Commissioners shall arrange for the Clerk to the Board to record the resolution.
4t. Special Use Permit Plan Maps. Termination of a use shall allow the Special Use Permit, and the
Special Use Permit Plan Map, to be administratively vacated from county documents. If a Special Use
Permit Plan Map is vacated because the Special Use Permit was revoked, due to non-compliance with the
DEVELOPMENT STANDARDS, the vacation shall be processed as described in Section 23-2-270
above. If a partial vacation is proposed because of a decrease in the land mass, it shall be processed as
described in Section 23-2-280.B — Changes to a Special Review Permit.
5/21/2009
rJ
L. Semi -trailer used as accessory storage. Up to two (2) semi trailers may be used for 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. ( 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 tiled prior to the adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District, may be permitted according to
the procedure and zoning permit requirements outlined in Section 23-4-165 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. (One [ 1 ] semi trailer used as accessory storage 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 may be permitted according to the
procedure and requirements outlined in Section 23 4 165 of this Chapter for the purpose of storing goods
inside the unit.) Additional semi -trailers used as accessory storage may be allowed on all lot sizes and types,
as described in Section 23-3-40.0 (Use by Special Review).
"LoNcz:
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 23-4-165 23-4-950 of this
Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be permitted 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, withoutazoning
permit. Parking and operation of up to five (5) COMMERCIAL VEHICLES may be permitted on f-lem
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.
When the property is located within an approved or recorded subdivision, or part of a LOT which is part of
a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be
permitted through Section 23 4 950 of this Code. No additional COMMERCIAL VEHICLES are
permitted, unless part of a commercial or industrial USE otherwise permitted by Section 23-3-40.RRfthis
Chapter.
N. No change. 14 GZ.fld > a te.
•/-oW
Amend Section 23-3-40. Uses by special review.
(Staff Comment: Within the A Zone District, these proposed changes correct discrepancies in the
animal training and boarding description and eliminates an existing requirement that is implied in the
definition to pre -determine compatibility.)
A. No change.
B. Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including:
/ - 9. No change.
10. ANIMAL BOARDING and Animal training and boarding facilities animal TRAINING
FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-
3-50.D is exceeded er when the use adversely impacts surrounding properties, including
noise, odor, lighting or glare, traffic congestion or trash accumulation. and/or when the
DRAFT 5.8.09 9
Page 1 of 1
Brad Mueller
From: Trevor Jiricek
Sent: Wednesday, May 20, 2009 9:31 AM
To: Brad Mueller
Subject: Re: Code changes
Brad,
Thanks for providing us the opportunity to review these changes. I have reviewed and have no comments. I have
forwarded to Lauren for her review. She may have comments. Thanks!
From: Brad Mueller
To: David Bauer; Trevor Jiricek
Sent: Tue May 19 14:46:07 2009
Subject: Code changes
Trevor & Dave,
Twice a year the department tries to review potential code changes. We are preparing for another round. Could
you, and any others in your office as you see fit, please take a look at the attached draft and provide any
comments?
Although it looks long, most of these are clean-ups, although some substantive ideas that have been discussed
for some time as possibilities are also included. The majority of these are items that are fairly specific to planning,
but there is obviously overlap with your departments.
We have a work session with the Board tomorrow. It should be more review, so unless they come up with some
big surprises, we will then forward this to the Planning Commision next Tuesday (May 26). If you can provide any
comments before then, that would be ideal; however, if you have some changes that should be considered after
that, we can bring those to the Planning Commission up to their June 2 hearing date.
We have a fairly long list of clean-up items, and this only begins to cover it, so look for more in a couple months.
Thanks,
Brad
5/20/2009
Brad Mueller
From:
Sent:
To:
Cc:
Subject:
Brad and Dave:
Bruce Barker
Monday, May 18, 2009 8:50 AM
Brad Mueller; David Bauer; Kim Ogle
Thomas Honn; Trevor Jiricek; Light, Lauren
RE: Floodplain Variance Code Change
Not much we can do to keep the number at 6, because Section 4-4(B) of the Home Rule
Charter now says:
4-4 (B) Board of Adjustment.
The Board of Adjustment shall consist of five regular members, appointed in the same
manner and for the same terms as the Planning Commission. Associate members may be
appointed to act in the absence of regular members at regular and special meetings. The
Board of Adjustment shall perform such functions and duties as are provided by law. The
concurring vote of four members of the Board of Adjustment shall be necessary to reverse
any order, requirement, decision, or determination of an administrative official or agency
or to decide in favor of an appellant, except that the concurring vote of only three
members shall be necessary to grant a variance from the strict application of regulations
adopted pursuant to the County's zoning authority.
Maybe what we need to do is change the appeal in Section 23-6-50 to a straight appeal that
takes an affirmative vote of 4 (full quorum). That would mean that someone wanting to get
a break on the application of the flood requirements could not do so. Make it a decision
to deny the permit, which need to be appealed to the BOA as an appeal of an administrative
decision.
Query: How many appeals for variance under 23-6-50 have occurred in the past 2 years? If
there were any, what was the result?
Bruce.
Original Message
From: Brad Mueller
Sent: Friday, May 15, 2009 4:23 PM
To: David Bauer; Kim Ogle
Cc: Bruce Barker; Thomas Honn; Trevor Jiricek; Light, Lauren
Subject: RE: Floodplain Variance Code Change
Dave,
Those changes were largely from Bruce. The County Charter requires the BOA at the level
proposed, so the current Code is actually in conflict with the ruling Charter.
I don't know that either Bruce or I looked at those with an eye to the floodplain code, so
he and I can both take a closer look at it, but we may be in a situation that already is
in conflict.
I'm working up a final version of the latest version of proposed Code changes, and I'll be
sure to get a copy to you all soon. We have several weeks before it goes to the PC.
There is also a work session with the Board on next Wednesday (5/20), which you'd
certainly be welcome to attend, but you might prefer getting the Readers Digest version
from me afterwards, since a lot of it is probably old news to you because of previous
discussions.
Thanks -- I'll get back to you on the other.
Brad
1
From: David Bauer
Sent: Friday, May 15, 2009 4:17 PM
To: Brad Mueller; Kim Ogle
Cc: Bruce Barker; Thomas Honn; Trevor Jiricek; Light, Lauren
Subject: Floodplain Variance Code Change
Brad,
I was given a bootleg copy of your proposed Floodplain Variance Code Change lowering the
number of BOA members needed to approve a floodplain variance, which would typically be
granting of a building permit in a regulatory floodplain. Variances to FEMA requirements
will kick off a significant amount of documentation and be the issue to cause a FEMA audit
of our practices and adherence to NFIP regulations. If we are found lacking we are
subject to suspension or cancellation of flood insurance County -wide. I was told that
this was to be presented to the Planning Commission at their next meeting. Public Works
(Clay and I) were not consulted regarding this proposed change to floodplain code; our
current understanding of the implications leads us to recommend no change to the number of
Board members (6) needed to grant a variance.
David Bauer, P.E., CFM
Weld County Public Works
1111 H Street
Greeley, CO 80632-0758
(970) 304-6496
2
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