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Home My WebLink About20092097.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: PLANNER: REQUEST: Code Ordinance 2009-8 Brad Mueller In the Matter of Repealing and Reenacting, with Amendments, Chapters 22 Comprehensive Plan, 23 Zoning, 24 Subdivision, 26 Mixed Use Development, and 27 Planned Unit Development, of the Weld County Code, specifically the addition of language concerning the permitted use of a Medical Marijuana Dispensary (Amend Section 23-1-90 Definitions; and Add Section 23-3-230.D.10) be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1— That the existing text is in need of revision as proposed. The proposed changes are part of a semi-annual review of the County Code to respond to constituent input about the Code's provisions, to update it in relationship to other regulatory documents, and to maintain its overall functionality. The two additional land uses [medical marijuana dispensaries and correctional facilities] proposed to be included in the most recent round of Code changes were done so after realizing that the existing text omits any reference to either of these uses, leaving their administration open somewhat to speculation. 2. Section 23-2-120.B.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 the use of zoning to provide an organized built environment, promote flexibility and predictability in land use matters, and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.83 -- That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. The proposed changes to the Code are designed to clarify ambiguities or omissions in the Code and to update certain regulations to be more consistent with modern land use demands. Motion seconded by Roy Spitzer. VOTE: For Passage Robert Grand Bill Hall Tom Holton Alexander Zauder Roy Spitzer Mark Lawley Nick Berryman Jason Maxey Against Passage Absent Erich Ehrlich The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on October 6, 2009. Dated the 6'" of October, 2009. • Kristine Ranslem Secretary Proposed Text Changes Text to be added or changed is highlighted. Text to be omitted is stricken through. Amend Section 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: CORRECTIONAL FACILITY: Facilities for the judicially -required detention or incarceration of people, where inmates and detainees are under 24 -hour supervision by professionals ("lock down"), except when on approved leave. If the use otherwise complies with this definition, a correctional facility may include, by way of illustration, a pre -parole facility, jail, prison or other place of incarceration. 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. 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. Amend Section 23-3-40. Uses by special review. A - P. Changes per drafted Ordinance 2009-8. 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. CORRECTIONAL FACILITY. R — DD. Changes per drafted Ordinance 2009-8. Amend 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. B — C. Changes per drafted Ordinance 2009-8. 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. 9. WIND GENERATOR(S) requiring the issuance of Use -by -Special Review Permit, as per Chapter 23, Article H, 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. Amend Section 23-3-310. I-1 (Industrial) Zone District. A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate industrial USES which create minimal negative visual impacts. B — C. Changes per drafted Ordinance 2009-8. D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied or maintained in the I-1 Zone District upon the approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. I — 8. No change. 9. CORRECTIONAL FACILITY. Amend Section 23-3-320. 1-2 (Industrial) Zone District. A. Intent. The purpose of the 1-2 Zone District is to provide a zone to accommodate industrial USES which cannot conform to the stringent visual impact requirements of the I-1 Zone District and which do not want to be subjected to the potential adverse visual impacts permitted in the I-3 Zone District. The intent is to permit industries which may create moderate visual impacts. B — C. Changes per drafted Ordinance 2009-8. D. Uses by Special Review. 1 —13. No change. 14. COMMERCIAL SCHOOLS. [Editor's Note: This item was previously included per drafted Ordinance 2009-8.] 15. CORRECTIONAL FACILITY. Amend Section 23-3-330. I-3 (Industrial) Zone District. A. Intent. The purpose of the 1-3 Zone District is to provide a zone to accommodate industrial USES which may create adverse visual impacts for ADJACENT USES. As a result, such uses may required locations relatively isolated from other land USE types. B — C. Changes per drafted Ordinance 2009-8. D. Uses by Special Review. 1— 14. No change. 15. COMMERCIAL SCHOOLS. [Editor's Note: This item was previously included per drafted Ordinance 2009-8.] 16. CORRECTIONAL FACILITY. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, October 6, 2009 A regular meeting of the Weld County Planning Commission was held in the Weld County Department of Planning Services, Hearing Room, 918 10th Street, Greeley, Colorado. The meeting was called to order by Chair, Tom Holton, at 1:30 p.m. ROLL CALL ABSENT Tom Holton - Chair Mark Lawley - Vice Chair Nick Berryman Erich Ehrlich Robert Grand Bill Hall Roy Spitzer Alexander Zauder Jason Maxey Also Present: Kim Ogle, Chris Gathman, Brad Mueller, Department of Planning Services; Don Carroll, Janet Carter, Department of Public Works; Lauren Light, Troy Swain, Department of Health; Cyndy Giauque, Bruce Barker, County Attorney, and Kris Ranslem, Secretary. Robert Grand moved to approve the September 1, 2009 Weld County Planning Commission minutes, seconded by Erich Ehrlich. Motion carried. The Chair read the following case into record. CASE NUMBER: PLANNER: REQUEST: Code Ordinance 2009-8 Brad Mueller In the Matter of Repealing and Reenacting, with Amendments, Chapters 22 Comprehensive Plan, 23 Zoning, 24 Subdivision, 26 Mixed Use Development, and 27 Planned Unit Development, of the Weld County Code, specifically the addition of language concerning the permitted use of a Medical Marijuana Dispensary (Amend Section 23-1-90 Definitions; and Add Section 23-3-230.D.10) Brad Mueller, Planning Services, commented that some code changes were brought before the Planning Commission earlier this year. He added that those changes were approved by this Board and then brought before the County Commissioners for the first and second readings and have been approved. More recently a couple of issues have come up that the County Commissioners felt needed immediate attention and therefore staff has come back with an addendum to that set of code changes. The County Commissioners have continued the third hearing to October 12, 2009. The two topics we are discussing today are medical marijuana dispensaries and correctional facilities. Medical marijuana was approved by the Colorado voters in 2000. Since that time about 9,000 patients have registered in Colorado for medical marijuana use. The dispensaries not regulated; it is rather left to the local jurisdictions. More recently there has been an increase in activity due to a decree earlier in the year which lead to relaxation of federal enforcement of marijuana consumption and use. The registration of patients within Colorado is projected to be about 15,000 by the end of the year and currently 400 in Weld County. In light of this, staff and the County Commissioners are recommending that a new use be both defined and put into the appropriate portions of the Weld County Code. Staff is recommending that the medical marijuana dispensaries be listed as a use by special review in the C-3 zone district. There are currently 75 parcels in the County that are zoned C-3. The intent for the C-3 zone district is to provide areas where goods and services are available to the general public, or which require more space or traffic volumes to generate business. The USR purpose is for uses which are more intense or have more potentially greater impact to the area. The second item for consideration involves correctional facilities. The code does not speak to jails and prisons; however there is a connection to the Weld County Charter. Essentially this requires that there be a vote of the public in order to allow prisons in the County. Staff is recommending that prisons and correctional facilities be allowed in all industrial zone districts as well as all agricultural zone districts within the County as uses by special review. Concurrent with that is a definition of correction facilities. Commissioner Maxey inquired why the C-3 zone was chosen rather than the C-2 zone district. Bruce Barker, County Attorney, commented that we are interpreting that these places are high traffic, high volume because they are drawing a lot of people in. Therefore that is why we are comfortable with addressing all those issues in the C-3 zone district through a use by special review. Meeting adjourned at 6:42 p.m. Respectfully submitted, Kristine Ranslem Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: WELD COUNTY CODE CHANGES STAFF: Brad Mueller ITEMS: Chapter 23, Chapter 24, Chapter 26, and Chapter 27 be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1— That the existing text is in need of revision as proposed. The proposed changes are part of a semi-annual review of the County Code to respond to constituent input about the Code's provisions, to update it in relationship to other regulatory documents, and to maintain its overall functionality. Several of the items proposed for revision come from recommendations made by the public and landowners, or as the result of observations made by the County Commissioners, Planning Commission, or County Staff during the processing of land use cases. 2. Section 23-2-120.8.2 — That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.83 -- That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. The proposed changes to the Code are designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more consistent with modern building and safety standards. The attached memo summarizes proposed planning -related Code changes, as well as specific Sections of the Code proposed for amendment. Motion seconded by Tom Holton. VOTE: For Passage Robert Grand Bill Hall Tom Holton Doug Ochsner Against Passage Absent Erich Ehrlictl, Roy Spitzer Paul Branham Mark Lawley The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. 2009-2097 Resolution 2009-XX Code Changes Page 2 CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 2, 2009. Dated the 2nd of June, 2009. lirtry AQh� 6 -t - Kristine Rans em Secretary 2 Proposed Text Changes Text to be added or changed is highlighted. Text to be omitted is stricken through. Amend Section 23-1-90. Definitions. 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. 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. Add new Section 23-2-170. Changes & Termination of Use 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 3 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. 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. 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. F, 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. 1. 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. 4 second shall illustrate the use boundary after the partial vacation. l47 P. 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. 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: I. 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 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 5 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 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 may have terminated. When either Planning Services is notified by the landowner, or when Planning Services observes that the use may have 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. C. 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. 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 land mass, it shall be processed as described in Section 23-2-280.B — Changes to a Special Review Permit. Amend Section 23-3-20. Uses by Right 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 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. 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 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 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. 6 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 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 [I] COMMERCIAL VEHICLE may 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, 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. 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.R (Uses by special review) of this Chapter. N. No change. Amend Section 23-3-40. Uses by special review. A. No change. 7 B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: I — 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 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. 9- 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 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 8 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. A. No change. B. Uses Allowed by Right. 1 — 5. No change. 6. COMMERCIAL SCHOOLS, limited to indoor instruction. 6 — 7. Renumbered 7 — 8. & 9. 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 ofthis Chapter. 9. Renumbered 10. Amend Section 23-3-320. I-2 (Industrial) Zone District. 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. 1— 6. No change. 9 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. 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 publi properties. C. Accessory Uses. 1— 6. No change. 7. Cargo containers. D. Uses by Special Review. 1-14. No change. 15. COMMERCIAL SCHOOLS, f- ay and ADJACENT Delete all of Section 23-4-165. Use of semi -trailers as accessory, storage. 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: 1. 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. 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 10 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. S. 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. Tho 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 NEIGI IBORITOOD, 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 Revise Section 23-4-220. Mobile homes in C or I Zone District. A. A zoning permit for the USE of one (I) 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: 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 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. 11 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 of the Director of Planning Services up tntwo (2) times, and thereafter by the Board of County Commissioners. Add new Division'', Temporary Seasonal Uses Add new Section 23-4-500. Intent and applicability The intent of the Temporary, Seasonal. Use procedure : is to provide an administrative process for the regulation of seasonal and accessory structures, including fruit and vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar temporary seasonal uses may be approved by the Director of Planning Services. Add:. new Section 234.510 '.:Dnties.ofthe Department 01 iplau>}ing:;Seerlim 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 review the submittal. B. After review and comment bythe review agencies, the Department of Planning Services shall make final determination of approval or denial of the perxit. 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 was referred, and standards contained in this Chapter: C. Denial ofthe seasonal permit may be appealed to the Board °ofAdjustment, in;writing,:within: 10 days of denial by the Planning Division. Add new Section 23.4.520. Application requirements :for .l por ry:seasor al use penult. The following supporting documentation shall be submitted as apart of tfie:applications; A.A TEMPORARY seasonal use permit application, form provided byy the pa lent ofPlanning Services. B. A copy of a deed or legal instrument identifying the applicant's interest in :the property under consideration. C. A detailed description of the pr oposed p posed USE, including the location of proposed parking areas or parking lots, and evidence that the USE meets the requirements of the zone district. 12 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 byte 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 on a sheet of paper eight and one-half ($.1 /2) inches byeleven inches. The sketch map shall be legible and include the following information: 1. The boundary of the property. 2: The boundary of the proposed USE. 3: A north arrow. 4 The location of all existingand proposed driveways and accesses associated with the parking lots 5.. The names 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 S; .:.:Location ofsewage :disposal ::.facilities. . Revise Division 10 Storage of Semi -Trailers as Acceisor'y►:Storage Add new Sectlon;23-4-900. Intent and Applicability. A. One (1) Semi -trailer used as accessory storage on low 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 through issuance of Permit for a Semi -Trailer as Accessory Storage. (No zoning permit is required for up to two [2] semi -trailers used for accessory storage on agricultural parcels notin art 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 accessory storage may be allowed on various other lot sizes and types, as described in Section 23-3-40.0 [Use by Special Review]). When required, a Zoning Permit for a Semi=Tr'ailer: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 connectedto. semi -trailer used accessory storage ................ . 2. The semi -trailer used for accessory storage will not be used on any basis as a DWF,LL overnight ortemporary 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. 13 6.. The semi -udder 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 ut 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.: to'display signs. 9 " The semi -trailer used for accessory storage is compatible with the surrounding area. Renumber. and Revise Section 23-4-900 to 23.4-910. Semi -trailer as accessory storage permit requirements. No semi trailer may be stored on a property situated within an unincorporated town or subdivision in the A (Agricultural) Zone District, unless permitted to do so 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 ownerto,any successor, the zoning permit shall terminate automatically upon conveyance, or lease of the property. Acid New. Section 23-4-920. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: A::. Refer the application to applicable referral agencies forreview 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 mayconsider all 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 ZoningPermit 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 Servicesin 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. 14 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: 471. 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 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 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) 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 criteria set out in this Section. Add new Section 23-4-950. Intent and Applicability 15 A. Parkin g and operation of one [ I ] COMMERCIAL VEHICLE may be permitted on lots inan: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,� Zoning PCnuIIt for a Comfliercia Vehicles may°be. perimitted:upon ede iii %of that: 1. The property upon which the COMMERCIAL VEHICLE:..is:located is.aLEGAL LOT. 2. The COMMERCIAL VEHICLE will be removed from the property tpan cessatfott ofs►tch t TAE: 3. The COMMERCIAL VEHICLE is compatible with the surrounding 'area. Re -number and Revise $ectIon 23.4-950 to 23-4-960. Commercial vehicle permit requirements. 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. l`: 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 NcW..Section 23-4-970. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: A,:. Refer the applicationto 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 deemednecessary. Therevviews and comments submitted by a referral agency are recommendations to the COUNTY. 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 withinfive 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 m 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. 16 A. The Board of County Commissioners delegates the authority to issue a zoning permit for a commercial vehicle 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. 13: 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. Co:. If the Department of Planning. Services does receive signed notification that thirty percent (30%) or more of: surrounding:pr©perty owners within five hundred (500) feet of the subject property are in opposition. to the perttutting ofa COMMERCIAL:VEHICIE, 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.ofthe board: 1. The Department of Planning Services will notify the applicant granting ten (l0)business days to determine if they want to proceed with the. application. 2. If the applicant notifies the Department of Planning Servicesof 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 appli;tion 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 underconsideration. 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 applicantin supplying such list or the Department of Planning Services in sendmgsuch.notice shall net create a jurisdictional defect in the permit process even if such err.r..results in the failure: of asurrottnding 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.. Amend Section 23-6-20. Appeals of administrative decisions. APPEALS to the Board of Adjustment brought under the provisions of Section 23-6-10 A above 17 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 publie 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. 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 si* 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. 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 public hearing. The concurring vote ofsi* 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 uponthe 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. 18 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. 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. 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 six 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. 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 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. If no construction has begun or no use established in the minor subdivision within three (3) years of the 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 19 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 oldie 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. 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. 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 approval within one (1) year of the date a preliminary plan has boen 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 improvements in design or changes ha\ e occurred to surrounding land uses or the environment since the time of the preliminary plan appros al. 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 ofa 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. 20 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. b7 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. 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. h 8. A description of the proposed water system accompanied by an estimate of the total gallons per day required to serve the subdivision. i- 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 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. jr 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. 4, 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. n- 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. 21 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. t, 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. t7 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. 317 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. 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. 33 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. 3c 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. Zr 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. 3: 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. 22 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. 137 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. 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. d: 4. If a subdivision requires more than two (2) sheets, a map showing the relationship of the individual sheets shall be required. 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. f.- 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. !r 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. 13, 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. 23 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. ch. 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. er 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. 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: 4-) a. The name of each utility service company. 2) 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. s) 3) Service is not available for the proposed subdivision. lc, 11. 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. IT 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. fn7 13. If a final plat is revised, a copy of the original final plat shall be provided for comparison purposes. at 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. e7 15. The location of any sign requiring zoning approval shall be shown. Distances from property lines shall be indicated. 24 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 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. 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 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 oftime 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. 4-- 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 (I) 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. 1, 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. 25 € 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. 3: 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. 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. 6. That streets within the subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the subdivision. g7 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. h: 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. 4, 12. The subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land and historical sites. 6, 1. 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. 1} 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. eh 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. 26 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 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. 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. 1: 12. That the subdivision will not have an undue adverse effect on wildlife, its habitat, the preservation of prime agricultural land and historical sites. • 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. & 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. 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. 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 Boatd 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 27 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. 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. 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 CHAPTER 26 Mixed Use Development Regional Urbanization Areas ARTICLE Mixed Use Development Rural Urbanization Areas ("RUAs") Amend throughout all of Chapter 26 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" "MUD MUD areas" are us , change to "RUA" or "RUAs". Amend Section 26-1-10. General. 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 28 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 1-76 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 264-50. PUD Districts in MUD areas. A. Intent. The PUD provisions shall be applied to all proposal, for commercial, industrial and residential developments within the MUD areas, with the exception of those developments specifically called out and excluded in this Code. All PUD Districts in the MUD areas shall adhere to the procedures and requirements outlined in Chapter 27 of this Code. B. Exemptions from the PUD District Provisions. 1. The following uses are exempt from utilizing the PUD process within the MUD areas and will 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 40.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 I; Weld County Code Ordinance 2006 4) Amend Section 26-2-50. Landscaping regulations. A — C. No change. D. Landscaping Requirements Along Roadway Corridors a — d. No change. 29 e. Applicants adjacent to I-25 or State Highway 119 and/or strategic roads shall construct a berm along the highway with maximum 5+1- 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 (I 80) 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 ' . If additional height of screening is necessary above the six-foot berm, If needed, additional height beyond that which can be achieved with a six foot high 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. Sec. 27-8-70. Failure to commence a PUD final plan. 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. 30 1— ' l ..-eX`c� Mr. Barker recommended amending condition of approval 2.G.4 to read "The plat shall reference the recording information for the lease on the property, including descriptions of the placement of guy wire base locations and the access road." Robert Grand moved to amend Condition of Approval 2.G.4 as suggested per staff and delete 2.G.5, seconded by Tom Holton. Don Carroll, Public Works, agreed with what Ms. Cozad had provided them along with all the changes. However, he expressed that they are not being consistent with what had been done previously in that the guy wires have been included in the entire USR boundary. Lauren Light, Environmental Health, stated that since it is an unmanned facility there is no issue with permanent water and sewer. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicants if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicants replied that they are in agreement. Robert Grand moved to approve Case USR-1700 along with the amended Conditions of Approval and Development Standards, seconded by Bill Hall. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley, absent; Roy Spitzer, absent; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously.. The Chair called a recess at 3:47 p.m. and reconvened at 3:53 p.m. CASE NUMBER: 2009-XX PLANNER: Brad Mueller REQUEST: Code Changes for Chapter 23, Chapter 24, and Chapter 26. Brad Mueller, Planning Services, commented that the Planning Commission made a recommendation on a package of code changes on June 2, 2009. Staff had recognized that there were some additional items that were overlooked the first time. He added that there were two specific items that they wish to bring back for reconsideration. The first item is an item that has a timeliness associated with it in regard to the processing of new Regional Urbanization Areas (RUAs). Mr. Mueller commented that the Board of County Commissioners would like to see more specific submittal requirements on the occasion that someone would propose a new RUA. The new text represents an accumulation of the existing submittal requirements for amendments to the RUAs. The time sensitive nature of this is that RUAs can be submitted twice a year in either February or August. He noted an interest from a metropolitan district in which they are anticipating to submit an RUA. Mr. Mueller commented that staff is bringing back the topic of USRs to the Planning Commission for reconsideration. He reminded the Commissioners of the discussion last month where the original language which was discussed talked about termination taking place at the time the use ceased. He indicated that it was a concern expressed by the members of the Planning Commission; however staff recognized that by taking out that clause and leaving it open-ended it was much more permissive than what the current code is. Mr. Mueller added that there is a section on vested rights. Vested rights are defined by state statutes and are intended to protect the property owner and to define a beginning and an end for certain types of rights. It is often associated with zoning but also associated very specifically with state statutes with conditional uses. Currently the County Code Section 23-8-30 says that a vested right is a property right which has been vested as provided by a process and shall not be extended by any amendments to the site specific development plan unless expressly authorized by the Board of County Commissioners. In summary, this indicates that any property right that is vested through a Use by Special Review, in this case, cannot be extended by any 12 amendment to the Use by Special Review unless it is authorized by the Board of County Commissioners. Mr. Mueller commented that the language that is proposed is a rewrite of the language from last month. Subsection B on page 5 talks about a special use terminating when the use is discontinued for a period of three consecutive years. Then it goes onto the items that the Planning Commissioners had expressed more interest in with regard to the use of the land changing or the time period established by the Board. Staff is requesting that the Planning Commission reconsider this clause in light of their recognition of the vested right section of the current code as well as the current practice in the code of three consecutive years. It was a concern expressed at the last meeting that a landowner had to proactively respond to a comment from the County notifying them that their USR has terminated. Therefore there is proposed text in subsection C and D. Commissioner Grand referred to the discussion from last month which centered on identifying what they felt was an inherit property right with the approval of the USR. Mr. Barker said that it is not a taking of the property right when you have set up a process for due process. Mr. Barker said that a USR is a permit and that permit is good as long as the conditions have been met. Because it is a permit or, in essence a license, which can be revoked by the Board of County Commissioners, there is due process which is built in. Mr. Grand clarified that it is not a guaranteed right. Mr. Barker said that is correct and added that it is a right to use and not a property right that is the landowner's forever. The Planning Commissioners felt better knowing that there is a due process involved. The next item was a correction in terms of the use "permitted" versus "allowed" through the accessory use section that is found for agricultural uses in Section 23-3-30. In Section 23-3-40 it was discovered that the changes in the cargo container numbers which was recommended last month needs to be reflected in the code as well. Commissioner Holton asked why a building permit needs to be issued for a cargo container. Mr. Mueller stated that it has been in our code for some time because they are a seen as a structure when used for storage. Ms. Martin commented that a building permit for this would be approximately $125.00 and its just to make sure that they are tied down correctly for the wind load and that they won't cause any damage to anyone else's property. Mr. Mueller moved on to the Temporary Seasonal Permit. The appeal process for this permit would be brought to the Board of Adjustment; however after some discussion staff realized that all zoning permits of the administrative type are appealed to the Board of County Commissioners. Mr. Mueller pointed out some typo errors in Sections 23-4-930 and 23-4-980 that they wish to correct. The last item was discussed at the June Planning Commission hearing and staff is asking for reconsideration on this. In the PUD section of the County Code is a set of requirements that plats be recorded within a certain time frame. Staffs recommendation was to bring those same requirements to the subdivision processes (Major and Minor subdivisions). The discussion from last month resulted in that construction take place within a three-year period rather than one year after the plat is recorded. In cases where a subdivision has been approved but not built on creates a situation where there can be attempts to try and sell the individual lots without the improvements being there. It basically sterilizes that land until those improvements are done. Staff's opinion is that you don't want to draw out that process. The surety would still be in place to make sure that the road gets put in. Another concern is when staff has to administer them from year to year. In the interest of government efficiency, they note that having unbuilt subdivisions results in time which is taken to re -review the case and continue to maintain surety. Therefore staff is asking for reconsideration on this item. Commissioner Hall said he understands the concept but that typically if the market justifies it those improvements will be made faster than not. 13 Michelle Martin, Planning Services, commented that with having the one year time frame it keeps the developer on track with their Improvements Agreement. Another concern is that the sureties that were posted years ago are not enough if they were to collect on them now to put in those improvements because it hasn't factored in inflation. Commissioner Hall expressed his concern of the amount of time and expense to put the improvements and surety in place. Mr. Mueller moved onto Section 26-1-50 where staff is asking for reconsideration to keep this section in. He added that they need further direction from the attorney's office and the Board of County Commissioners office about how the underlying zoning functions in the MUD. The Chair asked the Planning Commissioners if there was any further concern on the USRs. Mr. Grand said that with Mr. Barker's clarification he has no concerns. The Chair asked if there were any concerns with the reconsideration from three years to one year for the commencement of subdivisions. Mr. Holton commented that he appreciates staffs concerns but he is still in favor of the three years. The Planning Commissioners agreed with Mr. Holton. Commissioner Holton asked why the semi -trailers are not consistent with the cargo containers. There was further discussion of the difference between semi -trailers as accessory structures and cargo containers. When asked about building permits related to these storage containers Janet Carter, Public Works, pointed out that with the building permit they verify whether or not this container is placed in a floodplain which can be a hazard if it is not tied down properly. Another concern is that it needs to be located according to the proper setbacks so it is not within the road right-of-way. A building permit just verifies that it is correctly located on the property and that it will not be hazardous to the surrounding property owners. Mr. Holton understood Ms. Carter's points. Tom Holton moved to approve all of the recommendations and reconsiderations, with the exception of Sections 24-3-80 and 24-4-70, of the 2009-XX Code Changes and that these be forwarded to the Board of County Commissioners along with the Planning Commission's recommendation of approval, seconded by Nick Berryman. The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick Berryman, yes; Erich Ehrlich, yes; Robert Grand, yes; Bill Hall, yes; Mark Lawley, absent; Roy Spitzer, absent; Tom Holton, yes; Doug Ochsner, yes. Motion carried unanimously. The Chair asked the Planning Commission members if there was any new business to discuss. Brad Mueller, Planning Services, updated the Planning Commission on the East Greeley Study that staff has been working on. About one and a half years ago an opportunity was presented for a Department of Local Affairs grant that was awarded to Greeley and Weld County jointly to study this area of Greeley which is from Highway 85 to the confluence of the two rivers. This is an area which has experienced a significant amount of growth in the last five years. He also pointed out that there is an approved highway plan for an alignment of County Road 49. Mr. Mueller gave key highlights, but emphasized that there was much more information. This study has resulted in a 75% reduction in the stormwater fees for the unincorporated residents only in this area. This study also identified the need for sidewalks to the Bella Romero Elementary. There is also a potential Intergovernmental Agreement between the city and the county in regard to our referral process. Staff anticipates bringing some of the 60+ recommendations of the study to the Planning commission and Board of County Commissioners over time in the next several years, for possible follow-up. Robert Grand mentioned that he sent a letter out to the Planning Commission as well as County Commissioner Rademacher raising a question on the compliance process. He expressed concern that when he joined the Planning Commission he was told that 95% of compliance issues are specifically reported through complaints which leaves 5% generated by staff; however his last discussion with Tom Honn, Planning 14 Director, was that there was 30% of staff generated compliance issues. In the letter he had asked if there was a fundamental change and he had received no response. Mr. Grand's opinion is that complaints generated by citizens should be investigated but violations should not be initiated by staff. Another large concern he voiced is the current USR fee structure. He added that there is a flat fee and for some folks it is an economic burden as it doesn't matter if you are applying for a 5 dog kennel or a public utility. He is concerned that in today's economic environment is a truly horrific burden for those who are losing their jobs or potentially losing their homes. He would like to ask staff to do some research on what our neighbors do in terms of USR fees. Ms. Carter commented that the Board of County Commissioners are looking into the fee schedules for all departments. Mr. Grand said that his concern is for the person who has a violation initiated by staff and doesn't have the money to go through that process and as a result is now faced with losing their business. It is very unreasonable for the County to ignore that issue and not have some kind of mitigation process for hardship. Bill Hall agreed with Mr. Grand's comments and added that enforcement should be complaint generated. If staff is initiating the violation then there is an animosity between staff and the general public. He doesn't believe that it is the job of government. Mr. Grand stated that he has written the letter and expects a response. He further asked for the support of the Planning Commission with regard to this issue. Erich Ehrlich mentioned that he forwarded Mr. Grand's letter to Commissioners Conway and Long and also talked in person to Conway with regard to this matter. Mr. Holton agreed that staff needs to look into the fee structure for USRs. Mr. Mueller said that he is committed to taking this concern to Commissioner Rademacher and express the interest that staff perform research on the fees of neighboring counties. Mr. Mueller reminded the Planning Commissioners of the 11:00 a.m. meeting time on August 4, 2009 for a retreat on uranium. He added that the Board of County Commissioners will be part of that training session as well as staff. Meeting adjourned at 5:15 p.m. Respectfully submitted, 4YIA:liVt Y �C�i21%1 Kristine Ranslem Secretary 15 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Holton, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: 2009-XX PLANNER: Brad Mueller REQUEST: Code Changes for Chapter 23, Chapter 24, Chapter 26, and Chapter 27. be recommended favorably to the Board of County Commissioners for the following reasons: 1. Section 23-2-120.8.1— That the existing text is in need of revision as proposed. The proposed changes are part of a semi-annual review of the County Code to respond to constituent input about the Code's provisions, to update it in relationship to other regulatory documents, and to maintain its overall functionality. Several of the items proposed for revision come from recommendations made by the public and landowners, or as the result of observations made by the County Commissioners, Planning Commission, or County Staff during the processing of land use cases. 2. Section 23-2-120.8.2 — That the proposed amendment will be consistent with the future goals and needs of the County as set out in Chapter 22 and any other applicable code provision or ordinance in effect. Fundamentally, the proposed revisions are consistent with County goals that support agricultural and mixed land uses, promote flexibility and predictability in land use matters, and ensure fairness and consistency in processing requirements. 3. Section 23-2-120.83 -- That the proposed amendment will be consistent with the overall intent of this Chapter. The intent of Chapter 23, as defined by Section 23-1-40, is to provide a unified regulatory system for land use within the County and to promote the health, safety, convenience, morals, order, and welfare of present and future inhabitants of the County. The proposed changes to the Code are designed to clarify ambiguities or omissions in the Code, or to update certain regulations to be more consistent with modern building and safety standards. The attached memo summarizes proposed planning -related Code changes, as well as specific Sections of the Code proposed for amendment. Motion seconded by Nick Berryman. VOTE: For Passage Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Nick Berryman Against Passage Absent Roy Spitzer Mark Lawley The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. Resolution 2009-XX Code Changes Part 2 Page 2 CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 7, 2009. Dated the 7th of July, 2009. hi Atbrti-- Kristine Ranslem Secretary 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. 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. (1) — (5). — No change. 6) The written certification of hearing notification to mineral rights owners required by Section 21 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 ofthe 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. (1) — (5). — No change. 6) The written certification of hearing notification to mineral rights owners required b) Section 24 65.5 103.3, C.R.S. Such certification may be .,ubmittod n the date of the initial public hearing referred to in Section 24 (5.5 103(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. 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.B. 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 j urisdictional 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 description of any social, economic, or land use conditions of the County 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 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 of jobs 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 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. 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 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 if such error results in the failure of mineral rightsowner to receive such notification. 9)::. Outline the proposed uses within the proposed RUA, including the matmum number of dwelling units, amount of commercial and industrial space, and percentage ofopen space projected for that area: 10) Submit a deed or legal instrument to the Departinentof:Planning Services identifying:the applicant's interest in the property. 11) 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. All 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 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.atudy 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 Transportation Engineers or as ;.agreed to by County. Engineering Staff. 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 t•rip;duslri#tuhA • and the prevailing roadway network; assign the projected traffic to theinterSeetiona and streets within the study area: e. Any reasonable additional information deemed necessary forreview. 13) Include a preliminary Drainage Study: All drainage analysis information and reports shall be prepared and certified by 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 thesurrounding area. 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. 14) Goals and Policies for the new RUA. Such Goals and Policies should establish the nature and characterof 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 aboutwhat form would be best for this section: 15) RUA map, showing generalized'.. geted:'planning areas and uses; key transportation corridors, general service facilities suchisschools,,'emergency service centers, and parks; and any other elements determined by-staf€ 1.6) Other supporting information or documentation as deemed necessary by the County. B.6 — B.12. — No change. Add new Section 23-2-290. Termination of Use 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 theUSE is discontinued for periodof three (3) consecutive yea s, 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'notic„e tone 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 Special. Use Permit may also bevacated 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 commissioners to provide the landowner an oppottunity;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 Terminatiott.of'a use shall alla`w the Special Use Permit, and the Special. Use Permit Plain 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 vacationshall 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. A — J. No change. K. Cargo container as Accessory STRUCTURE. One (I) 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 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 [1] semi -trailer used as accessory storage may be permitted on lots in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, may be permitted according to the procedure and zoning permit requirements outlined in Section 23 4 165 23-4-90Q 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 [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 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 €Feet 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 tight per legal lot or parcel. Add new Section 23-4-510. Duties of the Department of Piano* Senrices A. The applicant shall submitthe application fee and information required herein to the Department of PlanningServices. 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 partment of Public Works, the affected fire district, the Colorado Department of Transportation, and the Department of Public Healthand Environment shall review the. submittal. B. After reviewandcomment by:the':r'eyiewagencies.. the Department of Planning Services shall make final determination of approval or denialof the permit :. Such determination shall be made based on its conformance with Chapter 22 ofthisCode andany other applicable code provision or ordinance in effect, sound land use Planning e {� g practices, comments received from agencies to which the proposal was referred, and standards contained In this Chapter. C. lfthe DepartmentofPlanning 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. Re -number Section 23-4-910 to 23-4-930. Delegation of authority. 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 tenet 0) days of receipt ofthe'den ial 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 submita written appeal, the denial becomes final. Re -number Section 23-4-960 to 23-4-980. Delegation ofauthority. 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 submitaa written appeal,_ the denial becomes final. Add new Section 24-3-80. Failure to commence a minor subdivision final plat. If no construction has begun or no use established in the minor subdivision within three (3) years of the 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. Ifthe 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 24-4-70. Failure to commence a major subdivision final plat. 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 thatthe 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. Retain Section 26-1-50. PUD Districts in MUD areas (as currently existing in the Code). (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.) Sec. 27-8-70. Failure to commence a PUD final plan. 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. 1.19 -- °9 • • • The Chair read the last case into record. CASE NUMBER: 2009-XX PLANNER: Brad Mueller REQUEST: Code Changes for Chapter 23, Chapter 24, and Chapter 26. Brad Mueller, Planning Services, commented that staff attempts to do code changes a couple of times a year. This is in response from comments that we get from the public, members of Planning Commission, Board of County Commissioners, and staff. Mr. Mueller added that consistent with their policies in the past this was brought before the Board of County Commissioners at a very conceptual level on the substantive items to make sure that they are generally supportive of staff exploring that with the Planning Commissioners in greater detail. There was public notice provided as required by Chapter 23 of the code as well as a courtesy press release. Mr. Mueller started with the proposed changes to the Use by Special Reviews (USR). Currently we have over 200 or so USRs compiled in a notebook which is essentially on the books but have reason to suspect that don't actually exist in the field. We either know that as we have driven by or haven't seen or heard any activity. Right now it is rather cumbersome to clean these up as we have to get permission from the landowner who has to proactively ask for that change, staff sets up a board hearing and then we go through that process. What we are trying to do is make termination of the use more clearly defined. Right now it is somewhat vague as there is a vacation process of the plat and the exhibit and map and permit itself; however the use actually terminating is not real clearly defined. Therefore this would attempt to define when the use actually terminates by observation of staff or when the landowner states to staff that the use is no longer happening. At that point it is deemed terminated and we would send notification to the landowner via certified mail and then if they don't respond staff follows up with the action of actually vacating the permit. Following that there is a Board Resolution which closes the loop since they granted the permit. Commissioner Berryman wished to clarify and gave an example that if a landowner has a 2000 head feedlot and decides that he will shut operations down for 5 years or so and as long as he intends to possibly use that again at his discretion he can keep that USR open even if staff has driven by and noticed that it was empty. Mr. Mueller referred to Page 8 Section B and commented that the use actually would terminate when the use of the land changes or its not occurring anymore. He added that the reason for that rationale is that if the use is concluded even if there is an intention of starting that operation up in the future it is open-ended and there is every practical reason to think that the circumstances surrounding that situation might have changed which would merit looking at that again. So in the example given there are some mitigation things that might need to be done to the soil and if the operation would start up again there might be changes in the intensity and access, those types of things. Mr. Berryman asked what if it is a shorter duration of a year. He added that similar to market conditions similar to what we have been seeing now. Mr. Mueller said that one thing to recognize too about the use is the use is the combination of the activity on the site as well as the physical structures on the site. The goal of most of this regulation is to work under the circumstances where there is landowner consent in a situation. Commissioner Holton asked to clarify whose decision it would be to vacate the USR. Mr. Mueller said that ultimately it would be the Board of County Commissioners decision. He said that if staff observed that there is nothing there and the landowner writes back saying that they do have something going on, staff still interprets that they believe it is closed, then they have an option to go to the Board and make their case. Mr. Mueller commented that there will have to be some discretion but there is a safety valve for the landowner that they do get to make their point to the board. Commissioner Grand commented that in today's economic environment we have folks who are 15 • • • contracting their business, giving up their downtown site and going into their agricultural area and setting up their business there. This has generated additional USR activity perhaps in terms of people being in violation. He is concerned after speaking with Mr. Honn that we don't seem to have any kind of degree so that if you have the 5th dog you have to qualify for a USR which is the same for 150 dogs. He asked if there is any thought process that somehow there is a value of where a small person is trying to do something and he is faced with having to get a USR with all of the associated fees. He commented that he had an individual talk to him where he was overwhelmed. He asked if when they are struggling not to lose their house and to survive and they need additional monies for a USR, do we offer folks some type of approach where there is another way to do it and not just black and white. Mr. Mueller said that Mr. Grand raised some important questions and is not sure that they are in the scope of what they are attempting to do with this language but they are very important. He wondered if a Use by Special Review which is complicated, time consuming and expensive appropriate for all of the types of things that we want to see through a permitting process because it is not just appropriate to just do it administratively. He felt that there are those types of uses that could be identified. Commissioner Grand commented that another concern of his is the violation process. In visiting with Mr. Honn, he asked him what the percentage is of complaints on USR violations and it was pointed out that there is approximately 70% based on complaints and about 30% were by observation. He understands we have a regulatory issue but is concerned that it is in the generating work position. He believes that we need to be sensitive to that particularly in today's economic environment. Mr. Mueller agreed with Mr. Grand and added that our policy is that we only go after violations when there is a complaint and he believes that the 30% represents situations where we have seen something that either is a health or safety concern from our observation or there is a clear fairness issue where maybe somebody immediately next door was subjected to something. Mr. Grand said maybe it was seen in a publication where the person advertised. His concern is that there are folks who are intimidated and they should not be afraid of their government. Commissioner Holton said that the small business owners who come to these meetings and are intimidated need some help through the process. Mr. Mueller commented that those are all good points and doesn't have an easy solution today but we could as a staff brainstorm those issues and then as part of the Planning Commission meeting discussion try to identify some ways to address that. He believes that this office is always very sensitive to customer service. Commissioner Ochsner expressed that if a landowner has spent the money and was approved for a USR and unless you want it to be terminated he doesn't think he should be forced to vacate the permit. Even If the business has stopped the USR adds value to the property for someone wanting to sell it to someone for the same business. Mr. Mueller asked to clarify if he understands that the intention is that the USR should be somewhat of a vested right that runs with the land unless otherwise specified at the time the permit is approved. The Planning Commissioners agreed with that statement. Commissioner Lawley asked if the concern is that there are all these USRs out there not operating. Mr. Mueller replied yes. Mr. Lawley asked why you want to know that. Mr. Mueller commented that it is confusing when you have maps and documents and at some basic level it is a housekeeping issue that if there are all of these out there and it's not valid data it becomes confusing and misleading to the public. Commissioner Hall reiterated that it seems to be everyone's concern here for staff to come and say they don't believe the use is happening and should be terminated. Mr. Mueller suggested deleting "the use is no longer occurring" in the first sentence of Section 23-2-290.8 on Page 8 as it addresses the concerns that have been raised. Commissioner Grand also suggested removing "or when Planning Services observes that the use has 16 • been terminated" in the same section. Mr. Mueller commented that we would want to keep that because we can contact the landowner to send a letter but there is no motivation on their part to proactively send a letter. Mr. Grand commented that as a landowner he has the right to have the USR because that is what he paid for. He expressed great concern that by this action a property right is taken away from the landowner if the USR was paid and approved. Mr. Mueller suggested to amend it to read "...or when Planning Services observes that the use may have terminated". Mr. Grand said that he believes that it is inserting Planning Services in a process where he is not sure it should be. Mr. Mueller commented that they are trying to address a practical problem that exists right now. Tom Honn, Planning Director, commented that the biggest factor is it's a public health and safety issue when a Use has not been utilized on the property. He gave an example of a feedyard that has quit operating for a period of time and the rules may change over time dealing with design or how it is operated. The neighborhood has changed during that course and they have also now come to have a certain expectation of what it should be. Those are the places where we see those conflicts and the reason for this discussion. Mr. Grand understood the discussion but his point is that new folks need to do their homework in terms of not depriving folks who have gone through the process. He added that if there is a stipulation requiring USRs which said you need to be current with the applicable State or Federal regulations that apply to you he has no problem with that. However he believes that the USR that states you are approved for this Use, is for life. Commissioner Holton said he can understand that as long as the landowner has a right to appeal but does not want it terminated by staff. Mr. Barker commented that it is not a taking of a property right because they are given due process in that regard. Mr. Grand believes that this is an overextension of government's process. It is the landowner's right to have the Use. Mr. Mueller commented that this was an attempt to proactively manage these permits that have been issued and which there is no activity there. He added that they thought they had come up with something that is common in looking at best practices in other jurisdictions and also practical without being onerous to a landowner by saying that we have observed this, are you okay with that and they say no then we are done, if they say yes then we get to take one off the books. Commissioner Hall understands what is trying to be accomplished and added that with a business you are busy with eight other things and if you receive a letter in the mail which says this and then in ten days if you don't respond it will be changed. He asked if there was some more time that could be given rather than the 10 days. Mr. Mueller replied yes. Commissioner Berryman said that something longer than 10 days would be more appropriate and suggested 30 days. Commissioner Hall suggested formatting the letter so that the landowner can simply mark on the original letter that they have no objection and send it back. Mr. Mueller commented that there will be an opportunity at the end of the discussion to make modifications to the motion. He suggested moving on to the next proposed changes. One substantive proposed change to the Site Plan Reviews is that after you've received approval if you don't start construction after three (3) years the permit would go away. In areas where Site Plans are done, which are in commercial and industrial areas, things do change on a fairly regular basis and it would be appropriate to re-evaluate the circumstances surrounding that. The next item is concerning cargo containers. Currently, in the agricultural district right now you can only have one (1) cargo container as an accessory use. This proposal is to make it more lenient to allow for additional ones essentially on larger acreages. He added that there is no permitting process with this; it is strictly a use by right. Mr. Mueller moved onto the next item of Temporary Seasonal Permits. These uses already exist for fireworks and Christmas tree stands. This proposal expands the uses to include seasonal fruit or vegetable stands. 17 • • • Mr. Mueller commented that there are different kinds of zoning permits that are administrative in nature, such as mobile homes, small wind generators, commercial vehicles, etc. There is a substantive change for the semi -trailers as accessory storage. Right now it is spread out in different parts of the code and it is very easy to overlook portions of that. Commercial vehicles are actually a point that remains in discussion with the Board. The Board had flagged this for the last six months as an issue for staff to look at. Mr. Mueller commented that he does not have a complete recommendation for the Planning Commission at this time and suggested that the Planning Commissioners recognize that there may be additional changes as proposed directly by the Board at their hearing. He continued to say that right now all the changes that are proposed are logistical and textual to clean up language. Those changes specifically are to add approval criteria, to recognize that there is a referral process, an allowance that if 30% or more of neighbors have opposition to the proposal then it goes to the Board hearing, and also clarifies the Board's role in hearing that and making a determination. Mr. Mueller continued with the next proposed change. Right now outdoor storage is an accessory use to a wide variety of things. Many of the Use by Special Reviews you review include outdoor storage which is typically screened or put off to the side. Sometimes, however, we get an actual use that is simply outdoor storage such as an RV storage lot. Because there is not a specific definition in the code, one is being proposed now that defines outdoor storage and also proposes as a Use by Right in the C-3 (Commercial) and 1-2 and 1-3 (Industrial) Zone Districts. We discovered a year or so ago that if you want to come in with a dance or a pottery school or truck school that use is not allowed anywhere in the county. It has to do with the definition of schools. So this is an attempt to define commercial schools as it centers around an idea of it being both for-profit and not part of a complete curriculum. The recommendation is that these be a Use by Right for indoor only within the C-1, C-2, C-3 (Commercial) and I-1 (Industrial) zone districts. Because of the potential for more intensity, driving school and outdoor uses the Use by Special Review permits would be required in the 1-2 and 1-3 districts. Right now we require two different permits if you want to put a mobile home on a commercial zone district. First you have a USR or Site Plan Review, depending on the use, and then technically you are also supposed to get a separate administrative mobile home for that as well. That really is not necessary and in practice staff doesn't require that of people. Therefore this is an attempt to clean that up and make it clear. There is also not a clear allowance to extend the temporary use so there is language proposed that would give the Director of Planning the ability to extend that temporary use up to two additional periods of six months for a total of 18 months. There are a series of changes proposed relative to the Board of Adjustment that all of which have to do with the fact that there were bylaws approved a year or more ago and make it consistent with the County Charter and now this is a change to the code which would make it consistent as well. Right now if you do a Planned Unit Development (PUD) there is a series of requirements that the PUD final plat be recorded within a certain time after it gets approved at the Board of County Commission. It states that the construction commence after a year and that you have to comply with the plat. Those things exist for the PUDs and it only seemed equitable to apply those to final plats for either the minor or major subdivision process as well. Commissioner Ochsner commented that the timeframe that is suggested is one year and he feels that it is a little too quick. Most of the minor subdivisions are not that strong of an impact on the surrounding environment and so if they are not built for 3-5 years he doesn't see that as a problem. Whereas with the major subdivisions and PUDs if those plans change in 1-3 years he can see that affecting the entire community. He doesn't see the need for the one year time limit for construction. Mr. Mueller commented that he didn't disagree with him and that this was an attempt to be consistent. He added that you do have the opportunity to a time extension as well. He recommended that if the Planning Commission is interested in varying the time frame that there be a recommendation that that same change be made in the PUD section too. 18 • • Commissioner Lawley commented that given all the extensions that the Commissioners are making it may be good to just make the change across the board to three years and they may request for an additional extension from the County Commissioners. The last topical item to discuss is changing the reference in Chapter 26 from Mixed Use Development (MUD) to Regional Urbanization Areas (RUA) to be consistent with what was adopted as part of the Comprehensive Plan. There are other substantive changes proposed for Chapter 26. One change is that currently within the RUAs there is a requirement that you do a PUD whenever you subdivide land. The way the text is written is confusing and seems to suggest that if even you want to do just a Use by Special Review you have to do a PUD. This change is simply suggesting that the requirement that the subdivision be always processed as a PUD go away and allow them to do it as a minor subdivision or major subdivision instead of a PUD. The other change is to add language in the RUA section that says there is really no presumption of incompatibility if you have a non -urban use. RUAs are planning areas that are generally planned for urbanized uses; however they have underlining zoning. This is to make it clear that the presumption of incompatibility is not there just because you happen to be in a RUA. After going through the substantive changes, Mr. Mueller briefly went through the rest of the memo by section highlighting some items. Mr. Mueller handed out a staff report and some material on commercial vehicles. In addition he handed out three (3) changes to the memo. The first is in the USR section. In the original memo there is a reference to the idea that the resolution that is required can be put on the Board of County Commissioners Consent Agenda. It was brought to his attention that it cannot be a consent item so that sentence is proposed to be taken out. On Page 2 of the handout he received feedback that commercial vehicles should be capitalized throughout that section. As a matter of practice throughout the code, capitalized terms mean that there is a definition at the beginning of the zoning code. (Bill Hall left the meeting at 5:17 p.m.) Finally, on the bottom of Page 3 is language in Chapter 26 which is the development standards for the 1-25 MUD, specifically that speak to setbacks based on landscaping and screening. These are regulations that have been in there for many years and are also consistent with an intergovernmental agreement that had existed with Firestone, Frederick and Dacono. Firestone is no longer in that IGA so it only exists with Frederick and Dacono. The current language seems to suggest that you need a setback of 130 feet from the road right-of-way to any development. That is an extremely large amount and is not the intent of the language. It is also an extreme hardship for any of the businesses in the Del Camino area along Highway 119 or 1-25 who may want to build. Mr. Mueller commented that there were several items that they were not able to completely refine before bringing it to the Planning Commission. He asked for some feedback on the Planning Commissioners concerns if they have some modifications both with the recommendations made today and some additional research staff does and takes to the Board. Mr. Mueller indicated that one item deals with commercial vehicles as the Board has asked for some changes to that but hasn't been specific about what they would like to do with it. Another item is the submittal requirements for a new RUA which are not spelled out in detail. If there is a modification to the RUA that process is clearly spelled out but if you are proposing a new one it says you should submit any of the items for the other types of processes as determined by staff. Because there are discussions and landowners who have indicated that they may be wanting to come in the next 6 months to a year with a RUA type plan changes there has been a desire expressed to try to specify that. He added this probably is the most substantive thing that could potentially be brought to the Board without Planning 19 • • Commission recommendation. The animal board section is another item how there are some aspects of compatibility that staff may need to look a little bit more on that. Another item listed is that staff has attempted to clean up a lot of duplication in Chapter 23 regarding PUDs; however staff was not able to get all of that pulled together. It is more of a housekeeping item. Another item is the USRs for major facilities. Mr. Mueller commented that right now the code specifies that those end with the final decision by the Planning Commission; however the Board has expressed an interest in having those continue on to the Board for final determination. . The last item is that some of the zoning language like intent, criteria and the referral process could also apply to the wind generation as well as some of the mobile homes. One thought was that staff might try to button that up and bring to the Board. He asked the Planning Commissioners how they comfortable they felt with staff advancing some of those ideas to the Board without the Planning Commission having had the opportunity to see those. Commissioner Lawley stated that he would like to see them. Commissioner Ochsner asked what the reasoning is to skip them. Mr. Mueller replied that it is simply a timing issue. To get that pulled together would mean that it would be delayed in getting it to the Board. Given the volume of things it seems prudent to keep moving these items through. Mr. Mueller added that the alternative if you don't feel comfortable with staff bringing these items to the Board is to wait on Chapter 23 until the next go -around which will be this fall. It's possible that the Board on their own initiative would ask for staff to bring something on the RUA submittal as well as the commercial vehicles because that is something they've mentioned. Commissioner Holton asked what the deal is with the commercial vehicles. Mr. Mueller commented that it is all part of the discussion as there are concerns in Wattenburg about trucks going through. There are discussions about concerns either based on weight, number of wheels, size, etc. Some of the direction from the Board has been mixed and they want to do it based on the impact of the road system. However, on the other hand there is an interest of not having them in agricultural subdivisions. Mr. Mueller added that the other option on those two items (Chapter 22 and commercial vehicles) that we continue to try and get those ramped up and as we bring those to the Board of County Commissioners we advise the Planning Commissioners as well and pass along any concerns you might have and then they can remand those specific items back to the Planning Commission. Mr. Grand felt that you lose some input value in terms of the Board, Planning Commission and staff and added that it is a good three-way piece. If you cherry pick in between he believes that some value is lost. Mr. Mueller agreed with him and added that the balancing act here has been moving things forward in a timely manner but at the same time getting it all done. Commissioner Berryman asked if prior to going to the Board as some of this material is available you could email it for comment. Mr. Mueller said that he could do that or he could get some interpretation from Mr. Barker or the Board about what happens if they bring some segments to the Planning Commission between the first and second hearing of the Board. He said that he could bring the Planning Commission's recommendation to the Board forward and say to them that the commercial vehicle and those things will need to wait. He added that it would be their purview to say that they want it right now versus later. Mr. Honn added that in that case our goal would then be to bring it back to the Planning Commission in July, then after that it would be forwarded to the Board of County Commissioners and it may be inserted as an addition even though they have already advertised it. It would basically become something that gets thrown in the there and discussed prior to the second reading. Commissioner Lawley commented that the Board would have a lot of that discussion at the first reading. Mr. Honn said that it is not impossible to insert something after the first reading. Mr. Mueller added that 20 • • • we could advise the Board at the first reading that we anticipate additional discussion coming from the Planning Commission. Commissioner Lawley stated that he would like to see it before it goes to the Board. He feels that if it is taken to the Board between the first and second reading then you just as well leave the Planning Commission out of the process because they have already had a lot of discussion on particular points and we would only be convoluting the process at that point. Mr. Honn commented that the section wouldn't be in there during the first reading. Mr. Lawley said that you just said there are three readings and they will discuss that particular change in the code three times before they approve it. Mr. Honn said that they have three readings to discuss code amendments; however it's just during that process between the first and the second this new information can be inserted so it becomes discussed. Mr. Mueller added that it is similar to an item that you heard and discussed and then it got continued to next month's hearing the applicant might bring changes in between and you would look at those. Mr. Holton added that at each hearing there is public input. Commissioner Ochsner stated that he feels it is important to bring it in front of the Planning Commission even if it is later because it sets a bad precedence of skipping things. He asked to clarify if the code states that code changes have to be brought to the Planning Commission. Mr. Mueller replied yes, specifically chapter 23 ones. He expressed that he didn't disagree with them and added that it has been a timing challenge. If it wasn't a substantive issue it was pretty much administratvie it was just a change that needed to be made you make look at that and say that's fine, we understand what you are doing. Certainly if it is a substantive issue he believes that it is very critical to have that conversation and have the input from the Planning Commission before it goes forward. He added that they wanted to give the Planning Commissioners the opportunity if you looked at it and didn't feel it was substantial enough that it is okay for it to move forward. Commissioner Lawley appreciated that but agrees with Mr. Ochsner that it sets a bad precedence. Mr. Mueller commented that they do consider this an important part of the process because a lot of the stuff we get bedded with. Mr. Lawley commented that they see a lot of the things that the County Commissioners don't see because they deal with a lot of it at this level so when they get the applications it is cleaned up. He added that we may have insight to some things that they might not necessarily have insight to. Mr. Mueller commented that if it is the Planning Commission's desire to recommend approval for these changes he reminded them that the changes include the addendum in which he handed out to them. In addition, he said the other items identified were changes in the language on Page 8 and then whatever resolution on this item of the final plats. Mark Lawley moved to change the timeline required of PUD final plans from one (1) year to three (3) years in all sections listed by staff and corresponding references in Chapter 27, seconded by Robert Grand. Motion carried. Robert Grand moved to delete "the use is no longer occurring" in the first sentence of Section 23-2-290.B In addition, replacing "has been" with "may have" and changing the ten (10) days to thirty (30) days of receipt. Tom Holton seconded the motion. Motion carried. Commissioner Holton noted that on Page 19, Section 23-4-950.B.3 "....in harmony with the character of the neighborhood" really leaves it open. Mr. Mueller commented that this language is taken from similar zoning permit section so it is not particularly unique or new in that regard. He added that it is one of the items that has allowed the Board to say no they don't think it should be allowed in this specific circumstance. Mr. Holton commented that Section 23-4-950.6.4 says basically the same thing as well. Mr. Mueller commented that it does and that language was taken from other areas in the code to try and be consistent. Tom Holton moved to amend Section 23-4-950.6.3 to read "The COMMERCIAL VEHICLE is compatible with the surrounding area", and delete Section -23-4-950.B.4. In addition he moved to amend Section 23- 21 • 4-900.6.10 to read "The semi -trailer used for accessory storage is compatible with the surrounding area", and delete 23-4-900.B.11. Mark Lawley seconded the motion. Motion carried. Robert Grand moved that 2009-XX Code Changes as amended and along with the addendum as presented by staff, be forwarded to the Board of County Commissioners along with the Planning Commission's recommendation of approval, seconded by Tom Holton. Motion carried unanimously. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one had any further business to discuss. Meeting adjourned at 6:15 p.m. Respectfully submitted, Kristine Ranslem Secretary 22 Hello