HomeMy WebLinkAbout20082830.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-8 was introduced on
first reading on July 21, 2008, and a public hearing and second reading was held on August 18,
2008. A public hearing and final reading was completed on September 8, 2008, with no change
being made to the text of said Ordinance, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2008-8
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTERS 2 ADMINISTRATION, 23 ZONING, 24 SUBDIVISIONS, AND
27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE
EFFECTIVE DATE: September 24, 2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 12, 2008
PUBLISHED: September 19, 2008, in the Greeley Tribune
ORO c'oa3- 8
2008-2830
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Jennifer Usher
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
NOTICE OF publication of said notice, and in the newspaper
FINAL READING OF ORDNANCE
proper and not in a supplement thereof; that the
Pursuant to the Weld County Home Rule Charter,Ordinance
Number 2008-8 was Introduced on first reading on July 21,2008, first publication of said notice was contained in the
and a public hearing and second reading was held on August 18,
2008. A public heanng and final reading was completed on issue of the said newspaper bearing the date of the
September 8,2008,with no change being made to the text of Nineteenth day of September A.D.
said Ordinance,andon motion duly made and seconded,was eP
adopted. Effective date of said Ordinance is listed below. 2008 and the last publication thereof: in
Any backup material,exhibits or informationpreviousysubmit- the issue said newspaper bearing the
tedyto the Board of County Commissioners concerning this mat of
-
ter may be examined in the office of the Clerk to the Board of date of the
County Commissioners,located in the Weld County Centennial
Center,915 10th Street,Third Floor,Greeley,Colorado,be- Nineteenth day of September
tween the hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday, .
or may be accessed thrauyh the Weld County Web Page A.D. 2008 that said The Greeley Tribune has been
rwww.co.weld.co.us). E-Mall messages sent to en intlrvidual
Commissioner ma not be included in the case file. To ensure published continuously and uninterruptedly during
inclusion of your E-Mail correspondence into the case file,please
send a copy to egesick@co.weld.co.us. the period of at least six months next prior to the
ORDINANCE NO. 2008-8 first issue thereof contained said notice or
ORDINANCE TITLE:IN THE MATTER OF REPEALING AND advertisement above referred to; that said
REENACTING,WITH AMENDMENTS,CHAPTERS 2 ADMIN- newspaper has been admitted to the United States
ISTRATION,23 ZONING,24 SUBDIVISIONS,AND 27
PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY mails as second-class matter under the provisions
CODE
• of the Act of March 3, 1879, or any amendments
EFFECTIVE DATE: September 24,2008
thereof; and that said newspaper is a daily
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO newspaper duly qualified for publishing legal
DATED: September 12,2008 - notices and advertisements within the meaning of
The Tribune the laws of the State of Colorado.
September 19,2008
September 19,2008
Total Charges: $18.52
lAtel� tiLL
Adv ising Clerk
Subscribed and sworn to before me this
19`b day of September, 2008
My Commission Expires 2/14/2011
Notary Public
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 8 was introduced on first
reading on July 21, 2008, and a public hearing and second reading was held on August 18, 2008,
with changes being made as listed below. A public hearing and third reading is scheduled to be
held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado
80631, on September 8, 2008. All persons in any manner interested in the next reading of said
Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2008-8
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTERS 2 ADMINISTRATION, 23 ZONING, 24 SUBDIVISIONS, AND 27
PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE
DATE OF NEXT READING: September 8, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: August 22, 2008
PUBLISHED: August 29, 2008, in the Greeley Tribune
............
CHANGES MADE TO CODE ORDINANCE #2008-8 ON SECOND READING
Sections 23-2-203.4, 23-2-2103.4, 23-2-330.B.4, 24-3-60.D, 24-4-30.C.1.d, 27-6-120.6.4, and
27-7-40.6.3.d were all amended to replace the word "recommended"with "suggested" to read as
follows:
"An applicant may conduct a Neighborhood Meeting with area landowners. Such
meeting is not required, but may be suggested by the Planning Services staff to
encourage communication between a land use applicant and the neighbors."
Affidavit of Publication
• STATE OF COLORADO
Ss.
County of Weld,
Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
NOTICE OF that the same is a daily newspaper of general circulation and
SECOND READING OF ORDINANCE printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
Pursuant to the Weld County Home Rule Charter,Ordinance
Number 8 was introduced on first reading on July 21,2003 and true copy,(days): that the notice was published in the regular and
a public hearing and second reading was held on August 18, entire issue of every number of said newspaper duringthe period
ng and tlhidreadingbs scheduled to fisted
held in the Chambers of
the Board,First Flor Hearing Room,915 10th Street,Greeley, and time of publication of said notice, and in the newspaper
Colorado 80631,on September 8,2006. All persons In any proper and not in a supplement thereof; that the first publication
manner interested in the next reading of said Ordinance are re- er-
of said notice was contained in the, issue of the said newspaper quested to attend and may be heard. P P
bearing date the
Please contact the Clerk to the Board's Office at phone(970)
336.7215,Extension 4225,or fax(970)352-0242,prior to the Twenty-ninth day of August AD.2008 and the last
day of the hearing If,as a result of a disability,you require rea-
sonable accommodations in order to participate in this heating. publication thereof: in the issue of said newspaper bearing date
Any backu materiel,exhibits or infornation previously submit- the Twenty-ninth day of August AD. 2008. that said
terrto the Board of County commissionersrk to thinp this mat- The Tribune has beenpublished continuously and uninterruptedly
ter may be ined in the office of the Clerk to the Board of y
County Commissioners,Thirdlocatedo the Weld,County be-
tween during the period of at least six months next prior to the first
Center,915 10th Street,Third Floor,Greeley,Colorado,be-
ormaythe hours sedthra:m.and 5:00 p.m.,Mondayairu Friday, issue there of contained said notice or advertisement above
or may be accessed through the Weld County Web Page referred to; that said newspaper has been admitted to the United
Commissioner
Iyommia.we e.co.us). E-Mail messages sent to an individual
inclusion oner may not be included in the case file. To ensure States mails as second-class matter under the provisions of the
inclusion of your E-Mail corespondents Into the case hie,please
send a copy to egesickoco.weld.co.us. Act of March 3, 1879, or any amendments thereof; and that said
• ORDINANCE NO. 2008-8 newspaper is a daily newspaper duly qualified for publishing
ORDINANCE TITLE IN THE MATTER OF REPEALING AND legal notices and advertisements within the meaning of the laws
REENACTING,WITH AMENDMENTS CHAPTERS$TRAY ON,23 ZONING,24 SUBDIVISIONS,AND 2 DMIN- of the State of Colorado.
27
PLANNED UNIT DEVELOPMENT,OF THE WELD COUNTY
CODE
DATE OF NEXT READING:September 8,2008,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS August 29,2008
WELD COUNTY,COLORADO
DATED:August 22,2008
PUBLISHED:August 29,2008,in the Greeley Tribune
Total Charges: $29.09
CHANGES MADE TO CODE ORDINANCE 82008-8 ON
SECOND READING
Sections 23-2-20.B.4.23-2-210,8.4,23-2-330.8.4,24.3.60.0,
24.4-30.C.1.d 27-6.120.6.4,and 27-7-40.63.d were all amend-
ed to replace the word'recommended'with'suggested'to read
as follows:
ed applicant tela may coeducts staff
to Neighborhood Meetingcommunication
with area
landowners. Such meeting is not required,but may be suggest-
ed
bd byw the larming l the
eigrage wmmunicabon
between a land use applicant and the neighbors.'
The Tribune Advertising Clerk
August 29,2008
29th day of August, 2008
My Commission Expires 02/14/2011
Notary Pabli
•
WELD COUNTY
CODE ORDINANCE 2008-8
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTERS 2
ADMINISTRATION,23 ZONING,24 SUBDIVISIONS,AND 27 PLANNED UNIT DEVELOPMENT,
OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be,and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 2
ADMINISTRATION
Amend Sec. 2-3-40. Requests for pre-advertising on land use applications.
Board of County Commissioner hearings will be scheduled as soon as practical after a
Planning Commission hearing, where applicable in a land use case. A land use applicant can
request that the Board of County Commissioners hearing be scheduled earlier, in which case
pre-advertisement noticing must take place. The following procedures shall apply to a request for
pre-advertising on a land use application:
Remainder of Section - No change.
CHAPTER 23
ZONING
Amend Sec. 23-2-20. Duties of Department of Planning Services.
A - No change.
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall:
1. Set a Planning Commission hearing date within sixty(60) days. Refer the
application to the following agencies, when applicable, for review and
comment. The agencies named shall respond within twenty-eight(28)days
after the mailing of the application by the COUNTY. The failure of any
agency to respond within twenty-eight (28) days may be deemed to be a
favorable response to the Planning Commission. The reviews and
comments solicited by the County are intended to provide the COUNTY with
information about the proposed Change of Zone. The Planning Commission
and Board of County Commissioners may consider all such reviews and
comments and may solicit additional information if such information is
deemed necessary. The reviews and comments submitted by a referral
agency are recommendations to the COUNTY. The authority for making the
decision to approve or deny the request for Change of Zone rests with the
Board of County Commissioners.
a. The planning commission or governing body of any town and county
whose boundaries are within a three-mile radius of the parcel under
consideration for a Change of Zone.
b. The planning commission or governing body of any city or town that
has included the parcel in its MASTER PLAN area or
Intergovernmental Agreement.
c. Department of Public Health and Environment.
d. Department of Public Works to review the engineering aspects of
the proposal.
e. Colorado Department of Health.
f. Colorado Geological Survey.
g. Colorado Historical Society.
h. Colorado Department of Transportation.
Colorado Water Conservation Board.
j. U.S. Army Corps of Engineers.
k. U.S. Soil Conservation Service.
U.S. Forest Service.
m. U.S. Bureau of Land Management.
n. Any irrigation ditch company with facilities on or ADJACENT to the
parcel under consideration.
o. Any other agencies or individuals whose review the Department of
Planning Services, Planning Commission or Board of County
Commissioners deems necessary.
2. Prepare staff comments for use by the Planning Commission addressing all
aspects of the application, its conformance with Chapter 22 of this Code,
and the Comprehensive Plan or MASTER PLAN of affected municipalities,
Intergovernmental Agreements, sound land USE planning practices,
comments received from agencies to which the proposal was referred and
standards contained in this Chapter.
3. Set a Planning Commission hearing date. The Board of County
Commissioners public hearing may also be set, and be given legal notice
and posting, concurrent with setting of the Planning Commission hearing
date and in accordance with Section 23-2-40.A. Otherwise, the Board of
County Commissioners public hearing shall be set after the Planning
Commission hearing.
4. An applicant may conduct a Neighborhood Meeting with area landowners.
Such meeting is not required, but may be recommended by the Planning
Services staff to encourage communication between a land use applicant
and the neighbors.
25. Arrange for legal notice of said hearing to be published once in the
newspaper designated by the Board of County Commissioners for
publication of notices. At the discretion of the Board of County
Commissioners, a second notice may be published in a newspaper which
is published in the area in which the rezoning is proposed. Failure to publish
the second notice shall not create a jurisdictional defect in the hearing
process. The date of publication shall be at least ten (10) days prior to the
hearing.
36. Give notice of the proposed Change of Zone and the 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. Such notification
shall be mailed,first class, not less than ten (10)days before the scheduled
public hearing. 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 hearing process, even if such error results in the failure of a
surrounding property owner to receive such notification.
4. (Previously deleted pursuant to Code Ordinance#2007-14, with subsequent
pal ay.twit° re..u.al,el'ed a...cflectdd harcaftar.)
47. A sign shall be posted for the applicant on the property under consideration
for a rezoning. The sign shall be posted adjacent to and visible from a
publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, one
(1) sign shall be posted in the most prominent place on the property and a
second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be posted
at least ten(10)days prior to the hearing and evidenced with a photograph.
The sign will include the following information.
a. Rezoning request number.
b. Date, place and time of public hearing.
c. Location and phone number of the public office where additional
information may be obtained.
d. Applicant's name.
e. Size of the parcel of land.
f. Type of rezoning request.
S. Refer the application to the following agencies, when applicable, for review
and comment. The agencies named shall respond within twenty eight(28)
daysaftc. tl.c nraili..g-ufit rcapplit,atiun by tl.e COUNTY. The failure of any
ayc..a,y to .ca.vnJwv.tl u.. tvvo..tyti.y l.t (28) days n.aybc Jocn.od tv be et
favorable response to the Planning Commission. The reviews and
comments solicited by the County are intended to provide the COUNTY with
,fv....a$v..abuutll.o v.tpvacJ Cl tat.yc of ZV..c. The r Ianni..g Cott.. tIooIvi r
a..J Duard of Cou..ty Cu,.....sa.uncrs iiiattau,raiJorall aut,l. toVIovva �Ru
comments and may solicit additional information if such information is
deemed necessary. The reviews and comments submitted by a referral
ayc..uy ate .euo......y..datiu..a to tl.c COUNTY. TI le autl.o.ity and
responsibility for making the decision to approve or deny the request for
Cha..go of Zane rest w;th tha off;e;ala of thy County.
a. Thy plan, cun.misakun oryovcir rimy body of a1.y town a..d county
svl.uay buu..Jaries are within a three-mile radius of tl lc pal Lc' ut.Jd.
consideration for a Change of Zone.
b. The planning commission or governing body of any city or town that
has included the parcel in its MASTER PLAN area or
Ii.tergovc.n.ne..tal Ag.yyr..cnt.
c. Department of Public I lealth and Environment.
d. Dcpartn.ynt of Public Wurhs to review the e..gir.eerii.g aspects of
tl.a p.aposal.
e. Colorado Department of I lealth.
f. Colorado Geological Survey.
g. Colorado I l;stur;ual Souicty.
h. Colorado Dope,to n°r rt of Tie'[spur tatiui c
Colorado Water Conservation Board.
j. U.S. Airily Col po of Enyir leer°.
. n n_• n_____ _r__ n__:__
U.S. f oiest Sei vice.
-
m. U.S. Bureau of Land Management.
n. Any irrigation ditch company with facilities on or ADJACENT to the
panacl undo' consideration.
o. Any other agencies or individuals whose review the Department of
f'IaRnmg Services, Planniug Comurissiun or Duard of County
COinnrdosjuncr3 d°°rrrs rre.,essary.
6. flcpare staff toiii . errtafurusebythenlamingConmusalorraJJrcaannfdif
aapcbto of the applicatnnn, its cunfumrantee vrItlr CIlaptcr 22 of this Cod°,
and the Comprehensive Plan or MASTER PLAN of affected municipalities,
Intergovernmental Agreements, sound land USE planning practices,
comments received from agencies to which the proposal was referred and
standards contained in this Chapter.
Remainder of Section - No change.
Amend Sec. 23-2-210. Duties of Department of Planning Services.
Any person wanting to apply for a Use by Special Review shall arrange for a preapplication
conference with the Department of Planning Services.
A- No change.
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall:
1. Set a Planning Commission hearing date within sixty (60) days. Refer the
application to the following agencies, when applicable, for review and
comment. The agencies named shall respond within twenty-eight(28)days
after the mailing of the application by the COUNTY. The failure of any
agency to respond within twenty-eight (28) days may be deemed to be a
favorable response to the Planning Commission. The reviews and
comments solicited by the COUNTY are intended to provide the COUNTY
with information about the proposed Use by Special Review. The Planning
Commission and Board of County Commissioners may consider all such
reviews and comments and may solicit additional information if such
information is deemed necessary. The reviews and comments submitted
by a referral agency are recommendations to the COUNTY. The authority
for making the decision to approve or deny the request for a Special Review
Permit rests with the Board of County Commissioners.
a. The planning commission or governing body of any town and county
whose boundaries are within a three-mile radius of the parcel under
consideration for a Use by Special Review Permit.
b. The planning commission or governing body of any city or town that
has included the parcel in its MASTER PLANNING area or
Intergovernmental Agreement.
c. Department of Public Health and Environment.
d. Department of Public Works to review the engineering aspects of
the proposal.
e. County Extension office.
f. Colorado Department of Health.
g. Colorado Geological Survey.
h. Colorado Historical Society.
Colorado Department of Transportation.
j. Colorado State Division of Wildlife.
k. Colorado State Engineer, Division of Water Resources.
Colorado State Oil and Gas Conservation Commission.
m. Colorado Water Conservation Board.
n. U.S. Army Corps of Engineers.
o. U.S. Soil Conservation Service.
p. U.S. Forest Service.
q. U.S. Bureau of Land Management.
r. Federal Aviation Administration.
s. Federal Communications Commission.
t. The appropriate fire district.
u. Any irrigation ditch company with facilities on or adjacent to the
parcel under consideration.
v. Any other agencies or individuals whose review the Department of
Planning Services, Planning Commission, or Board of County
Commissioners deems necessary.
2. Prepare staff comments for use by the Planning Commission addressing all
aspects of the application, its conformance with in Chapter 22 of this Code
and any other applicable code provision or ordinance in effect, adopted
master plans of affected municipalities, sound land use planning practices,
comments received from agencies to which the proposal was referred, and
standards contained in this Chapter.
3. Set a Planning Commission hearing date. The Board of County
Commissioners public hearing may also be set, and be given legal notice
and posting, concurrent with setting of the Planning Commission hearing
date and in accordance with Section 23-2-230.A. Otherwise, the Board of
County Commissioners public hearing shall be set after the Planning
Commission hearing.
4. An applicant may conduct a Neighborhood Meeting with area landowners.
Such meeting is not required, but may be recommended by the Planning
Services staff to encourage communication between a land use applicant
and the neighbors.
25. Give notice of the application for a Special Review Permit and the 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.
Such notification shall be mailed, first class, not less than ten (10) days
before the scheduled public hearing. 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 hearing process,even if such error results in the
failure of a surrounding property owner to receive such notification.
3. (Previously deleted pursuant to Code Ordinance#2007-14, with subsequent
pa,ay,apl w ,atwalli@"ed as,cflcctad hc,tiattcr.)
36. A sign shall be posted for the applicant on the property under consideration
for a Use by Special Review permit. The sign shall be posted adjacent to
and visible from a publicly maintained road right-of-way. In the event the
property under consideration is not adjacent to a publicly maintained road
right-of-way, one(1)sign shall be posted in the most prominent place on the
property and a second sign posted at the point at which the driveway
(access drive) intersects a publicly maintained road right-of-way. The sign
shall be posted at least ten(10)days prior to the hearing and evidenced with
a photograph. The sign will include the following information:
a. Special Review Permit number.
b. Date, place and time of Public Hearing.
c. Location and phone number of the public office where additional
information may be obtained.
d. Applicant's name.
e. Size of parcel of land.
f. Type of request.
47. Arrange for legal notice of said hearing to be published in the newspaper
designated by the Board of County Commissioners for publication of
notices. At the discretion of the Board of County Commissioners, a second
notice may be published in a newspaper which is published in the area in
which the Use by Special Review is proposed. Failure to publish the second
notice shall not create a jurisdictional defect in the hearing process. The
date of publication shall be at least ten (10) days prior to the hearing.
5. Refer the application to the following agencies, when applicable, for review
and comment. The agencies named shall respond within twenty-eight(28)
days after the mailing of the application by the COUNTY. The failure of any
agency to respond within twenty eight (28) days may be deemed to be a
favorable response to the Planning Commission. The reviews and
comments solicited by the COUNTY are intended to provide the COUNTY
will r information about the proposed Use by Special Review. The Planning
farrrirris5IVi, and Duard of County Coil rrrrisaiorrers pray consider all °La,Ir
reviews and comments and may solicit additional information if such
information is deemed necessary. The reviews and comments submitted
byralofonal ajc' y are rteen rurrerIdaho is to the COUNTY. Thv authority
and responsibility for making the decision to approve or deny the request for
a Special Review Permit rest with the officials of the COUNTY.
a. The planning commission or governing body of any town and county
w l,oao ti6ui Rio lies ai a within a tl rr ee-mile radius of the parcel trimly,
consideration for a Use by Special Review Permit.
b. The planning commission or governing body of any city or town that
hob included the parcel in its MASTER PLANNING area ur
Intergovernmental Agreement.
c. Departmert-of Public I laat h acrd Grr;runirrant.
d. Department of Public Works to review the engineering aspects of
tlia Nruposal.
e. County Extension office.
f. Colorado Department of I lealth.
h. Colorado I listorical Society.
Colorado Deport...er It of TsaiusNoitatiuir
j. Colorado State Division of Wildlife.
k. Colorado State G rga rear, Divisierf of Watt, Resources.
ColoraJt. State Oil acrd Gas ConomrJation Con nniaaiurr
n. U.S. Army Corps of Engineers.
o. U.S. Soil Con,0rvation Sei vice.
p. U.S. Forest Set vice.
q. U.S. Bureau of Land Management.
•
s. r cd0ral Conn flu.rications COnnniaaluf r
t. The appropriate fire district.
u. Any irrigation ditch company with facilities on or adjacent to the
parcel uiiJor uunaiJo.atiuir.
V. Any other agencies or . fdividuolh WI iosc i evlavv tl io Dope,ti f for it of
Planning Services, Planning Commission, or Board of County
Commissioners deems necessary.
G. Prepare staff comments for use by the Planning Commission adds essing all
aspects of the application, its conformance with in Chapter 22 of this Code
and any other applicable code provision or ordinance in effect, adopted
master plans of affected municipalities, sound land use planning practices,
WIT[MCI f t51 al,abb0J ff of f f ayaf fa lea to wI.;J f ti fa pt vpuaal woo f aft.f 0d, ofid
standards contained in this Chapter.
Amend Sec. 23-2-330. Duties of Department of Planning Services.
A - No change.
B. Upon determination that a submitted application is complete, the staff of the
Department of Planning Services shall:
1. Set a Planning Commission hearing date within sixty(GO) days. Refer the
application to the following agencies, when deemed applicable by the
Department of Planning Services, for review and comment. The agencies
named shall respond within twenty-eight (28) days after the mailing of the
application by the COUNTY. The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response to the
proposal. Such agencies may request and be granted additional time for
review of such proposals upon approval by the Director of Planning
Services. The reviews and comments solicited by the COUNTY are
intended to provide the COUNTY with information on the proposal. The
Planning Commission may consider all such reviews and comments, and
may solicit additional information if such information is deemed necessary.
The reviews and comments submitted by a referral agency are
recommendations to the COUNTY. The authority for making the decision
to approve or deny the proposal rests with the Planning Commission.
a. The planning commission of any town or county whose boundaries
are within three (3)miles of the proposed site or if the proposed site
is located within any town's comprehensive planning area.
b. Department of Public Health and Environment.
c. Department of Public Works.
d. Colorado Geological Survey.
e. Colorado Department of Transportation.
f. U.S. Forest Service.
O. Any irrigation ditch company with facilities within or ADJACENT to
the site under consideration.
h. Utility companies with underground lines which might be affected by
the DEVELOPMENT.
Special service districts which may provide service to the
DEVELOPMENT.
j. State Engineer, Division of Water Resources.
k. Natural Resource Conservation Service.
Any other agencies or individuals whose review the Department of
Planning Services deems necessary.
2. Prepare staff comments and recommendations for presentation at the
Planning Commission hearing, addressing all aspects of the application, its
conformance with this Chapter and Chapter 22 of this Code and comments
received from referral agencies.
3. Set a Planning Commission hearing date.
4. An applicant may conduct a Neighborhood Meeting with area landowners.
Such meeting is not required, but may be recommended by the Planning
Services staff to encourage communication between a land use applicant
and the neighbors.
25. Arrange for legal notice of said hearing to be published once in the
newspaper designated by the Board of County Commissioners for
publication of notices. At the discretion of the Board of County
Commissioners, a second notice may be published in a newspaper which
is published in the area in which the Major Facility is proposed. Failure to
publish the second notice shall not create a jurisdictional defect in the
hearing process. The date of publication shall be at least ten(10)days prior
to the hearing.
36. Give notice of application for a Special Review Permit and the 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. Such
notification shall be mailed,first class, no less than ten(10)days before the
scheduled public hearing. 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 hearing process even if such error results in the
failure of a surrounding property owner to receive such notification.
However, applicants for an electric TRANSMISSION LINE or gas PIPELINE
which is more than one(1)mile in length shall advertise the hearing at least
once in the newspaper designated by the Board of County Commissioners
for publication of notices a minimum of ten (10) days prior to the hearing
date. The advertisement shall contain a map displaying the proposed
alternative routes along with a description of the hearing time, date and
location. The advertisement for an electric TRANSMISSION LINE or gas
PIPELINE which is more than one (1) mile in length shall be the only
requirement for notification of property owners.
47. Applicants for an electric TRANSMISSION LINE or gas PIPELINE which is
more than one(1)mile in length shall advertise the hearing at least once in
the newspaper designated by the Board of County Commissioners for
publication of notices a minimum of ten (10) days prior to the hearing date.
The advertisement shall contain a map displaying the proposed alternative
routes, along with a description of the hearing time, date, and location. The
advertisement for an electric TRANSMISSION LINE or gas PIPELINE which
is more than one (1) mile in length shall be the only requirement for
notification of mineral rights owners.
58. Refer the application to the following agencies,when deemed applicable by
the Department of Planning Services, for review and comment. The
agencies named shall respond within twenty-eight (28) days after the
mailing of the application by the COUNTY. The failure of any agency to
respond within twenty-eight (28) days may be deemed to be a favorable
response to the proposal. Such agencies may request and be granted
additional time for review of such proposals upon approval by the Director
of Planning Services. The reviews and comments solicited by the COUNTY
are intended to provide the COUNTY with information on the proposal. The
Planning Commission may consider all such reviews and comments, and
may solicit additional information if such information is deemed necessary.
The reviews and comments submitted by a referral agency are
recommendations to the COUNTY. The authority and responsibility for
making the decision to approve or deny the proposal rests with the officials
of the COUNTY.
a. The planning commission of any town or county whose boundaries
are within three(3)miles of the proposed site or if the proposed site
is located within any town's comprehensive planning area.
b. Department of Public Health and Environment.
c. Department of Public Works.
d. Colorado Geological Survey.
e. Colorado Department of Transportation.
f. U.S. Forest Service.
g. Any irrigation ditch company with facilities within or ADJACENT to
the site under consideration.
h. Utility companies with underground lines which might be affected by
the DEVELOPMENT.
Special service districts which may provide service to the
DEVELOPMENT.
j. State Engineer, Division of Water Resources.
k. Natural Resource Conservation Service.
Any other agencies or individuals whose review the Department of
Planning Services deems necessary.
69. Prepare staff comments and recommendations for presentation at the
Planning Commission hearing, addressing all aspects of the application, its
conformance with this Chapter and Chapter 22 of this Code and comments
received from referral agencies.
Remainder of Section - No change.
CHAPTER 24
SUBDIVISIONS
Amend Sec. 24-3-30. Processing and review procedure.
The Planner Any person wanting to apply for a sketch plan review shall arrange for a
pre-application conference with the Department of Planning Services. The Department of Planning
Services shall be responsible for processing all minor subdivision sketch plan applications in the
unincorporated areas of the County. The Department of Planning Services shall also have the
responsibility of ensuring all application submittal requirements are met prior to processing the
application. Once a complete application is submitted, the Planner shall:
Remainder of Section - No change.
Amend Sec. 24-3-60. Final plat processing and review procedure.
The Planner Any person wanting to apply for a minor subdivision final plat review shall
arrange for a pre-application conference with the Department of Planning Services. The
Department of Planning Services shall be responsible for processing all minor subdivision final plat
applications in the unincorporated areas of the County. The Planner shall also have the
responsibility of ensuring all application submittal requirements are met prior to processing the
application. Once a complete application is submitted:
A. The Planner shall schedule a Planning Commission meeting date within sixty(60)
Jays.The Planner shall refer the application to referral agencies, when applicable,
for review and comment. The agencies shall respond within twenty-eight(28)days
after the mailing of the application by the County. The failure of any agency to
respond within twenty-eight (28) days may be deemed to be a favorable response
to the Planning Commission. The reviews and comments solicited by the County
are intended to provide the County with information about the proposed minor
subdivision. The Planning Commission and Board may consider all such reviews
and comments and may solicit additional information if such information is deemed
necessary. The reviews and comments submitted by a referral agency are
recommendations to the County. The authority for making the decision to approve
or deny the request for a minor subdivision rests with the Board of County
Commissioners.
B. The Planner shall prepare a recommendation for the Planning Commission
addressing all aspects of the application, including:
1. 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.
2. Comments received from referral agencies.
3. Comments received from surrounding property owners and owners and
lessees of the mineral estate.
C. Set a Planning Commission hearing date. The Board of County Commissioners
public hearing may also be set, and be given legal notice and posting, concurrent
with setting of the Planning Commission hearing date and in accordance with this
Section. Otherwise,the Board of County Commissioners public hearing shall be set
after the Planning Commission hearing.
D. An applicant may conduct a Neighborhood Meeting with area landowners. Such
meeting is not required, but may be recommended by the Planning Services staff
to encourage communication between a land use applicant and the neighbors.
BE. The Planner shall schedule a hearing before the Utilities Advisory Coordinating
Committee. This hearing shall be held prior to the Planning Commission meeting.
OF. The Planner shall give notice of the proposed minor subdivision final plat and the
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. Such
notification shall be mailed, first class, not less than ten (10) days before the
scheduled public hearing. Inadvertent errors by the applicant in supplying such list
or the Board of County Commissioners 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.
D. (Previously deleted pursuant to Code Ordinance #2007-15, with subsequent
paragraphs relettered as reflected hereafter.)
DG. The Planner shall post a sign on the property under consideration for a minor
subdivision final plat. The sign shall be posted adjacent to and visible from a
publicly maintained road right-of-way. In the event the property under consideration
is not adjacent to a publicly maintained road right-of-way, one (1) sign shall be
posted in the most prominent place on the property and a second sign shall be
posted where a driveway (access drive) intersects a publicly maintained road
right-of-way. The Department of Planning Services shall certify that the sign has
been posted the ten (10) days preceding the hearing date and evidenced with a
photograph. The sign will show the following information:
1 through 6 - No change.
EH. The Planner shall arrange for legal notice of the Planning Commission meeting to
be published in the newspaper designated by the Board for publication of notices.
The date of publication shall be at least ten (10) days prior to the hearing.
F. The Plannei shall refer the application to referral agencies, when applicable, for
review and comment. The agencies shall respond within twenty eight (28) days
aftv1 tlic iiiailiiy of the apphuatioui by the Cuuiity. TI iv failt,' of any dueiu.y-tu
respond within twenty-eight(28)days may be deemed to be a favorable response
to tl is rlanning Con Hu;sa on. The reviews ai d con rrllel lts solicited by the County
are intended to provide the County with information about the proposed minor
subdivision. The Planning Commission and Board may consider all such reviews
al id%.u,I11 rrcr its-arid may iay aui;u;t additional it.fvl i i av,r if such in fun l i ratiu.rio dcci
necessary. Ti.e ic�i{icvW5 and cvnnncrrtS ouln.littcd by a wfv n .nui au . Gy ar
1 cl.vr rill rcl idatiur l5-tv li rlc Cvullty. The autl lvl ay- rJ i , uiis�hility for niut�n ry tl i�.l
Jev,Jwr rtv appruve Ill del ll lc I cyucOt fur a n lil nil suUd 1011 r r 00t0 vJ ti r tl le Dual .
of County Commissioners.
C. The Planner shall prepare a recommendation for the Planning Commission
eddleasiny all aspalas of ti lcapplil.aGv,r, ;rrl.luJnly.
1 through 3 - No change.
Ell. The Planning Commission shall hold a meeting to consider the minor subdivision
application. The Planning Commission shall provide a recommendation to the
Board concerning the minor subdivision application. The Planning Commission's
recommendation shall include whether the applicant has demonstrated that the
standards of Paragraphs 1 through 16 below have been or will be met. The
applicant has the burden of proof to show the standards of Paragraphs 1 through
16 below are met. The applicant shall demonstrate:
1 through 16 - No change.
+J. The Planner shall forward the official recommendation of the Planning Commission
and the information contained in the official record, including the Planner's case file,
to the Clerk to the Board within ten (10) days from the Planning Commission
meeting.
dK. The Planner shall notify the Clerk to the Board to schedule a Board hearing date not
more than thirty (30) days after receipt of the Planning Commission
recommendation has been submitted to the Clerk to the Board.
XL. The Clerk to the Board shall give notice of the application for a minor subdivision
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. 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.
M. (Previously deleted pursuant to Code Ordinance #2007-15, with subsequent
paragraphs relottered as reflected hereafter.)
LM. The Planner shall post a sign on the property under consideration for a minor
subdivision final plat. The sign shall be posted adjacent to and visible from a
publicly maintained road right-of-way. In the event the property under consideration
is not adjacent to a publicly maintained road right-of-way, one (1) sign shall be
posted in the most prominent place on the property and a second sign shall be
posted where a driveway (access drive) intersects a publicly maintained road
right-of-way. The Department of Planning Services shall certify that the sign has
been posted for the ten (10) days preceding the hearing date and evidenced with
a photograph. The sign will show the following information:
1 through 6 - No change.
MN. 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 ten (10) days prior to the hearing.
NO. The Board shall hold a public hearing to consider the application and to take final
action. In making a decision on the minor subdivision final plat application, the
Board shall consider the recommendation of the Planning Commission, the facts
presented at the public hearing, the information contained in the official record
including the Planner's case file, and whether the applicant has demonstrated that
the standards of Subsections 1 through 15 below have been or will be met. The
applicant has the burden of proof to show that the standards of Subsections 1
through 15 below are met. The applicant shall demonstrate:
1 through 15 - No change.
OP. 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 minor subdivision final plat and the Board's resolution with the
County Clerk and Recorder.
PO. No minor subdivision final plat shall be considered approved and eligible for
recording until the Board has approved a subdivision improvements agreement.
OR. The subdivision will not have an undue adverse effect on wildlife and its habitat, the
preservation of agricultural land and historical sites.
Amend Sec. 24-4-30. Preliminary Plan.
Any person wanting to apply for a major subdivision shall arrange for a preapplication
conference with the Department of Planning Services.
A and B - No change.
C. Preliminary plan processing and review procedure.
1 - No change.
a. The Planner shall schedule a Planning Commission meeting date
within ninety (90) days after the complete application has been
,..uLnrittcd. The Planner shall refer the application to referral
agencies, when applicable, for review and comment. The agencies
shall respond within twenty-eight (28) days after the mailing of the
application by the County. The failure of any agency to respond
within twenty-eight (28) days may be deemed to be a favorable
response to the Planning Commission. The reviews and comments
solicited by the County are intended to provide the County with
information about the proposed preliminary plan. The Planning
Commission and Board may consider all such reviews and
comments and may solicit additional information if such information
is deemed necessary. The reviews and comments submitted by a
referral agency are recommendations to the County. The authority
and responsibility for making the decision to approve or deny the
request for a preliminary plan rests with the Board. The preliminary
plan referral agencies include:
1) The Planning Commission or governing body of any city,
town or county whose boundaries are within a three-mile
radius of the parcel under consideration for a preliminary
plan or if the parcel under consideration for the preliminary
plan falls within an urban growth boundary as defined and
adopted in any approved intergovernmental agreement.
2) Department of Public Health and Environment.
3) Department of Public Works.
4) Colorado Department of Health.
5) County Extension Office.
6) Colorado Geological Survey.
7) Colorado Department of Transportation.
8) Colorado State Division of Wildlife.
9) Colorado State Engineer, Division of Water Resources.
10) Colorado State Oil and Gas Conservation Commission.
11) U.S. Army Corps of Engineers.
12) U.S. Soil Conservation Service.
13) The appropriate school district.
14) The appropriate fire district.
15) Any irrigation ditch company with facilities on or adjacent to
the parcel under consideration.
16) Any other agencies or individuals whose review the Planner,
the Planning Commission or the Board deems necessary.
b. The Planner shall prepare a recommendation for use by the
Planning Commission addressing all aspects of the application
including:
1) Conformance to this Chapter and Chapter 23 of this Code for
review and approval.
2) Comments received from referral agencies.
3) Comments received from surrounding property owners and
owners and lessees of the mineral estate.
4) Compatibility of the proposed minor subdivision with 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.
c. Set a Planning Commission hearing date. The Board of County
Commissioners public hearing may also be set, and be given legal
notice and posting, concurrent with setting of the Planning
Commission hearing date and in accordance with this Section.
Otherwise, the Board of County Commissioners public hearing shall
be set after the Planning Commission hearing.
d. An applicant may conduct a Neighborhood Meeting with area
landowners. Such meeting is not required, but may be
recommended by the Planning Services staff to encourage
communication between a land use applicant and the neighbors.
be. The Planner shall schedule a hearing before the Utilities Advisory
Coordinating Committee. This hearing will be held prior to the
Planning Commission meeting.
ef. The Planner shall give notice of the application for a preliminary plan
and the Planning Commission public 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 public hearing.
d. (Previously deleted pursuant to Code Ordinance #2007-15, with
subsequent paragraphs renumbered as reflected hereafter.)
eg. The Planner shall post a sign on the property under consideration of
a major subdivision final plat. The sign shall be posted adjacent to
and visible from a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly
maintained road right-of-way, one (1) sign shall be posted in the
most prominent place on the property and a second sign shall be
posted where a driveway (access drive) intersects a publicly
maintained road right-of-way. The Department of Planning Services
shall certify that the sign has been posted for the ten (10) days
preceding the hearing date. Each sign shall show the following
information:
1 through 6 - No change.
eh. The Planner shall arrange for legal notice of the Planning
Commission meeting to be published in the newspaper designated
by the Board for publication of notices. The date of publication shall
be at least ten (10) days prior to the hearing.
fi. The Planner shall refer the application to referral agencies, when
applicable, for review and comment. The agencies shall respond
within twenty-eight (28) days after the mailing of the application by
the County. The failure of any agency to respond within twenty-eight
(28) days may be deemed to be a favorable response to the
Planning Commission. The reviews and comments solicited by the
County are intended to provide the County with information about
the proposed preliminary plan. The Planning Commission and
Board may consider all such reviews and comments and may solicit
additional information if such information is deemed necessary. The
reviews and comments submitted by a referral agency are
recommendations to the County. The authority and responsibility for
making the decision to approve or deny the request for a preliminary
plan rests with the Board. The preliminary plan referral agencies
include:
1 through 16 - No change.
gj. The Planner shall prepare a recommendation for use by the
Planning Commission addressing all aspects of the application
including:
1 through 4- No change.
ilk. The Planning Commission shall hold a meeting to consider the
preliminary plan application. The Planning Commission shall provide
a recommendation to the Board concerning the preliminary plan
application. The applicant has the burden of proof to show the
standards of Subparagraphs 1) through 12) below are met. The
applicant shall demonstrate the following:
1 through 12 - No change.
Amend Sec. 24-4-40. Final Plat.
A. Any person wanting to apply for a major subdivision final plat review shall arrange
for a pre-application 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.
Remainder of Section - No change.
Amend Sec. 24-5-20. Resubdivision for vacation of right-of-way.
A through E - No change.
F. Resubdivision for the vacation of right-of-way review procedure.
1. Any person wanting to apply for the vacation of a right-of-way shall arrange
for a pre-application conference with the Department of Planning Services.
Upon receipt of a complete resubdivision application, the Department of
Planning Services will schedule the request before the Board of County
Commissioners within sixty (60) days. In the event a utility easement is
affected, the Department of Planning Services shall schedule the request
on the first available Utilities Coordinating Advisory Committee meeting
before presenting the request to the Board.
Remainder of Section - No change.
Amend Sec. 24-5-30. Resubdivision for changes to lot lines.
A and B - No change.
C. Review procedures for a resubdivision for changes to lot lines.
1. Any person wanting to apply for review of a resubdivision for changes to lot
lines shall arrange for a pre-application conference with the Department of
Planning Services. Upon receipt of a complete resubdivision application,the
Department of Planning Services will schedule the request before the Board
of County Commissioners-w th;.. forty five (45) Jaya.
Remainder of Section - No change.
Amend Sec. 24-5-40. Resubdivision for redesign, addition or vacation.
A and B - No change.
C. Any person wanting to apply for review of a resubdivision for redesign or addition
of new lots, or vacation of all or portions of a subdivision, shall arrange for a
pre-application conference with the Department of Planning Services. Upon receipt
of a complete resubdivision application, the Department of Planning Services will
schedule the request before the Board of County Commissioners within sixty (60)
days.
ARTICLE VII
Rca.,bdivisi.,.(Subdivision Design Standards
Remainder of Article - No change.
CHAPTER 27
PLANNED UNIT DEVELOPMENT
Amend Sec. 27-4-30. Duties of Department of Planning Services.
A. Any person wanting to apply for a PUD sketch plan review shall arrange for a
pre-application conference with the Department of Planning Services. The
Department of Planning Services shall be responsible for processing all applications
for a PUD sketch plan.
Remainder of Section - No change.
Amend Sec. 27-6-120. Review procedure for change of zone.
A - No change.
B. Duties of the Department of Planning Services. Any person wanting to apply for a
PUD change of zone review shall arrange for a pre-application conference with the
Department of Planning Services. The Department of Planning Services shall be
responsible for processing all applications for a change of zone to a PUD Zone
District. The Department shall have the responsibility to ensure that all application
procedures and requirements are met prior to any official action. Once a complete
application is submitted in compliance with Section 27-5-30 of this Chapter, the
Planner shall:
1. Set a Planning Commission hearing date within sixty (60) days after the
complete application has been submitted.
2. Send the application to referral agencies for review and comment. The
agencies shall respond within twenty-eight(28)days after the application is
mailed. The failure of any agency to respond within twenty-eight(28)days
may be deemed a favorable response. All referral agency review comments
are considered a recommendation to the County for approval and denial of
a change of zone application. The referral agencies include those listed in
Section 27-4-30 of this Chapter.
2. Prepare a staff recommendation for use by the Planning Commission
addressing all aspects of the application. Planning staff recommendations
will determine if:
a. The proposal is consistent with any intergovernmental agreement in
effect influencing the PUD and Chapters 19, 22, 23, 24 and 26 of
this Code.
b. The uses which would be allowed in the proposed PUD will conform
with the performance standards of the PUD Zone District contained
in Article II of this Chapter.
c. The uses which would be permitted shall be compatible with the
existing or future development of the surrounding area as permitted
by the existing zoning, and with the future development as projected
by Chapter 22 of this Code or master plans of affected
municipalities.
d. The PUD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the
performance standards in Article II of this Chapter.
e. The street or highway facilities providing access to the property are
adequate in functional classification,width and structural capacity to
meet the traffic requirements of the uses of the proposed PUD Zone
District.
f. An off-site road improvements agreement and an on-site
improvements agreement proposal is in compliance with Chapter 24
of this Code, as amended, and a road improvements agreement is
complete and has been submitted, if applicable.
g. There has been compliance with the applicable requirements
contained in Chapter 23 of this Code regarding overlay districts,
commercial mineral deposits and soil conditions on the subject site.
h. Consistency exists between the proposed zone district, uses and the
specific or conceptual development guide and concerns identified in
sketch plan comments provided pursuant to Section 27-4-40 of this
Chapter have been adequately addressed.
3. Set a Planning Commission hearing date. The Board of County
Commissioners public hearing may also be set, and be given legal notice
and posting, concurrent with setting of the Planning Commission hearing
date and in accordance with this Section. Otherwise, the Board of County
Commissioners public hearing shall be set after the Planning Commission
hearing.
4. An applicant may conduct a Neighborhood Meeting with area landowners.
Such meeting is not required, but may be recommended by the Planning
Services staff to encourage communication between a land use applicant
and the neighbors.
35. Arrange for legal notice of said hearing to be published once in the
newspaper designated by the Board of County Commissioners for
publication of notices. At the discretion of the Board of County
Commissioners, a second notice may be published in a newspaper which
is published in the area in which the PUD plan is proposed. The failure to
publish the second notice shall not create a jurisdictional defect in the
hearing process. The date of publication shall be at least fifteen (15)days
prior to the hearing. The public notice shall include a legal description of the
property being considered for off-site dedication for a public purpose. If the
cash-in-lieu option is selected, the public notice shall also include a
statement to that effect.
46. Give notice for the proposed change of zone and the 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. Such notification
shall be mailed, first class, not less than fifteen (15) days before the
scheduled public hearing. Such notice is not required by state statute and
is provided as a courtesy. Inadvertent errors by the applicant in supplying
such list or the Board of County Commissioners 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. Notice shall include a legal description of the property being
considered for off-site dedication for a public purpose. If the cash-in-lieu
option is selected, the public notice shall also include a statement to that
effect.
57. The Department of Planning Services shall post a sign for the applicant on
the property under consideration for a PUD rezoning. The sign shall be
posted adjacent to and visible from a publicly maintained road right-of-way.
In the event the property under consideration is not adjacent to a publicly
maintained road right-of-way, one (1) sign shall be posted at the point at
which the driveway (access drive) intersects a publicly maintained road
right-of-way. The sign shall be posted at least fifteen (15)days prior to the
hearing. The sign posting shall also include a legal description of the
property being considered for off-site dedication for a public purpose. A sign
shall be posted on the property under consideration as the off-site
dedication. If the cash-in-lieu option is selected, the public notice shall also
include a statement to that effect.
6. Prepare a staff recommendation for use by the Planning Commission
add,00a , y all aopects vftl staff,c..vii a''a,,dativno
will d0termii le if.
a. The proposal is consistent with any intergovernmental agreement in
Lffcct i,,flu.,,,c6,g the f UD a,id ChapLus 10, 22, 23, 24 a,,d 26 of
tl Cod.,.
b. The uses which would be allowed in the proposed PUD will conform
with the performance standards of the PUD Zone District contained
in Article II of this Chapter.
c. The trots which would be pei,,1ittud 31 ICIII L �mNatbl with tl,.,
l.nwtn iy vi futonc.J..v..lvNi ma 1t of the surroui idiJig-al ad-aoYei i i,itMlf
by the existing zoning, and with the future development as projected
by - Chapter 22 of this Code or master plans of affected
,u.1icipalitiea.
d. The f UD Zone District shall be serviced by an adequate water
supply and sewage disposal system in compliance with the
performance standards in Article II of this Chapter.
e. The street or highway facilities providing access to the property are
adayuat..;I i fu,wfv.'al vlaaaifivalivu i,widtl ra,Id sty uctu,al vapavity 1i
meet the traffic requirements of the uses of the proposed PUD Zone
District
f. An off site road improvements agreement and -an on site
improvements agreement proposal is in compliance with Chapter 24
of this Code, as amended, and a road improvements agreement is
complete and has been submitted, if applicable.
g. There has been compliance with thc applicably. requirement:.
contained in Chapter 23 of this Code regarding overlay districts,
commercial mineral deposits and soil conditions on the subject site.
h. Consistency exists between thc proposed zone-district,ua,,3and the
aNw fw v. ittoNtual dovvlvpi iv,ittjuiderm lJZ.ur!be]I lo;Wei Aff0d 6 r
sktt.l rplal n v,l i i i m,As Ni vvldcd pui auau it K. Soap.. 27-4-40 of thin
Chapter have been adequately addressed.
Amend Sec. 27-7-40. Review procedure for final plan.
A- No change.
B. Duties of the Department of Planning Services.
1. Any person wanting to apply for a PUD final plan review shall arrange for a
pre-application conference with the Department of Planning Services. The
Department of Planning Services shall be responsible for processing all
applications for a PUD final plan once a completed application is submitted.
The Department shall have the responsibility to ensure that all application
procedures and requirements are met prior to any official action.
2 - No change.
3. In the event that the Department of Planning Services determines that the
final plan submittal is not consistent with the previous sketch plan and
change of zone submittals, and/or a conceptual development guide was
submitted for the change of zone application, the Planner shall:
a. Set a Board of County Commissioners hearing date within sixty(60)
dogs aft.. the coluplate applk.atiol, has boa,. submitted.
b. Send the application to referral agencies for review and comment.
The agencies shall respond within twenty-eight (28) days after the
application is mailed. The failure of any agency to respond within
twenty-eight (28) days may be deemed a favorable response. All
referral agency review comments are considered a recommendation
to the County for approval and denial of a final plan application. The
referral agencies include those listed in Section 27-4-30.B.1 of this
Chapter.
b. Prepare a staff recommendation for the Board of County
Commissioners addressing all aspects of the application. Planning
staff recommendations will determine compliance with Subsections
C.1 through C.8 below.
c. Set a Board of County Commissioners hearing date.
d. An applicant may conduct a Neighborhood Meeting with area
landowners. Such meeting is not required, but may be
recommended by the Planning Services staff to encourage
communication between a land use applicant and the neighbors.
ee. Arrange for legal notice of said hearing to be published once in the
newspaper designated by the Board of County Commissioners for
publication of notices. At the discretion of the Board of County
Commissioners, a second notice may be published in a newspaper
which is published in the area in which the PUD plan is proposed.
The failure to publish the second notice shall not create a
jurisdictional defect in the hearing process. The date of publication
shall be at least fourteen (14) days prior to the hearing.
df. Give notice for the proposed change of zone and the 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. Such notification shall be mailed, first class, not less
than fifteen (15) days before the scheduled public hearing. Such
notice is not required by state statute and is provided as a courtesy.
Inadvertent errors by the applicant in supplying such list or the Board
of County Commissioners 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. Notice shall include a legal description of the property
being considered for off-site dedication for a public purpose. If the
cash-in-lieu option is selected, the public notice shall also include a
statement to that effect.
eg. The Department of Planning Services shall post a sign for the
applicant on the property under consideration for a PUD final plan.
The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road
right-of-way, one (1) sign shall be posted at the point at which the
driveway (access drive) intersects a publicly maintained road
right-of-way. The sign shall be posted at least fifteen (15)days prior
to the hearing and evidenced with a photograph.
f. f\epa.e a staff ru.,on.. .ndation for thy Doard of County
Commissioners addressing all aspects of the application. Planning
staff recommendations will determine compliance with Subsections
C.1 through C.8 boluw.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection, paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2008-8 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on July 21,
2008. A public hearing and second reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on August 18, 2008. All
persons in any manner interested in the reading of said Ordinance are requested to attend and
may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
SECOND READING: August 18, 2008, at 9:00 a.m.
THIRD READING: September 8, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 25, 2008
PUBLISHED: August 1, 2008, in the Greeley Tribune
NOTICE
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 9:00 a.m., on July 21, 2008, in the Chambers of the Board of County Commissioners,
Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose
of considering amendments to certain sections of the Weld County Code, as currently amended.
Second and third reading of said Ordinance will be considered on August 18, and September 8,
2008. All persons in any manner interested are requested to attend said hearing and may be
heard.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office
at (970) 356-4000, Extension 4225, prior to the day of the hearing.
Copies of the proposed amendment may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m.
DOCKET NO. 2008-53
APPLICANT: County of Weld
REQUEST: Code Ordinance #2008-8, In the Matter of Repealing and Reenacting, with
Amendments, Chapters 2 Administration, 23 Zoning, 24 Subdivisions, and
27 Planned Unit Development, of the Weld County Code
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 30, 2008, in the Greeley Tribune
Affidavit of Publication
• STATE OF COLORADO
ss.
County of Weld,
I, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
NOTICE true copy,(days): that the notice was published in the regular and
The Board of Counycommiaeloneteof Weld County,Cooado, entire issue of every number of said newspaper during the period
n
will ambbers of the Boarhearid of Couunty Commissioner's,Weid and time of publication of said notice, and in the newspaper
County Centennial Center,915 10th Street,First Floor,Greeley,
Colorado,for the purpose of considering amendments to tartan proper and not in a supplement thereof; that the first publication
sections of the weld County Code,as currently amended. Sec- of said notice was contained in the, issue of the said newspaper-
and and third and
Septmber8 said 2008.^ce All persons iney manner bearing date the Fourth day ofJuly
August ed,re requested
heardstetl are to attend said hearing and may be AD. 2008 and the last publication thereof: in the issue of said
• acord. please advise the Clerk to the
If Board,in
writing,
at desired,live prior of the hearing. The cost newspaper bearing date the Fourth day of July
of engagng a court
rt leastpoter days the parry. shall be borne by Americans
Disabilities
AD. 2008; that said The Tribune has been published
spry, In accordance with the Americans with tar you Tr Act,,if
special accommodationshlerereauit theExtension 4225,
Clerk to the Bayrds a months next prior to the first issue thereof contained said notice
flee at(970)358�•B#eysi°^<228,prior to the day of Me
- hearing.
Copies of the proposed amendment may be examined In the of- Or advertisement above referred to; that said newspaper has been
fine of the Clerk to the Board of County Commissioners,located • admitted to the United States mails as second-class matter under
in the Weld County Centennial Center,915 10th Street,Third the Greeley,Colorado,Monday through Friday,8:00 a.m.to provisions of the Act of March 3, 1879, or any amendments
• 5:00 p.m. thereof; and that said newspaper is a daily newspaper duly
DOCKET NO.2008'53 qualified for publishing legal notices and advertisements within
APPuCANT:County of Weld the meaning of the laws of the State of Colorado.
REDUEST:Code Ordinance 42008- MatterAd of Repeating
and Reenacting,with Amendments,Chapters
23 Zoning,24 Subdivisions,and 27 Planned U2 nit Development,
of the Weld County Code
BOARD WELD COUNTY,COLORADO
COM COMMISSIONERS July 4,2008
DATED:June 30,2008
The Tribune Total Charges: $30.10
July 4,2008
vertising Clerk
4th day of July 2008
My Commission Expires 6/14/2009
Notary Public
•
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
1, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
true copy, (days): that the notice was published in the regular and
entire issue of every number of said newspaper during the period
and time of publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the first publication
of said notice was contained in the, issue of the said newspaper-
bearing date the First day of August AD.
2008 and the last publication thereof: in the issue of said
newspaper bearing date the First day of August AD.
2008 that said The Tribune has been published continuously
and uninterruptedly during the period of at least six months next
prior to the first issue there of contained said notice or
advertisement above referred to; that said newspaper has been
admitted to the United States mails as second-class matter under
the provisions of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
August I, 2008
Total Charges: $760.32
0/170/7/17 . LL) AAdvertising Clerk'
I st day of August, 2008
My Commission Expires 02/14/2011
- l . i11 �t Notary Pub is
PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING
FORT LUPTON The Weld County Planning
Commission will hold a public
STATE OF COLORADO hearing a on Tuesdayt May 20,
2008,f at 1:30p.m.for the purpose
re considering Repealing and
COUNTY OF WELD SS. reenacting, with amendments,
Chapter 2 (Administration),
Chapter 23 (Zoning), Chapter 24
(Subdivisions), and Chapter 27
(Planned Unit Development), of
the Weld County Code.
CASE I, Karen Lambert, do solemnly swear that I 2 O8-XXUMBER Ordinance No
APPLICANT:Weld County
am the Publisher of the Fort Lupton Press; PLANNER:Brad Mueller
TYPE AND INTENSITY OF
that the same is a weekly newspaper printed PROPOSED USE: Repealing and
reenacting, with amendments,
and published in the County of Weld, State Chapter 2 (Administration),
Chapter 23 (Zoning), Chapter 24
of Colorado, and has a general circulation (Subdivisions), and Chapter 27
(Planned Unit therein; that said newspaper has been the Weld County Code.
Development), of
The public hearing will be held in
published continuously and uninterruptedly the Hearing Room, Weld County
Planning Department,4209 CR
in said county of Weld for a period of more 24.5, Longmont, Colorado.
Comments or objections related to
than fifty-two consecutive weeks prior to the the above request should be
submitted in writing to the Weld
first publication of the annexed legal notice County Department of Planning,
918 10th Street, Greeley,
or advertisement; that said newspaper has Colorado 80631,before the above
date been admitted to the United States mails as h or earring onp May 20,2008.esented at the public
Copies of the application are
second-class matter under the provisions of available for public inspection in
the Department of Planning
the act of March 3, 1879, or any Services, 918 10th Street,
Greeley, Colorado 80631. Please
amendments thereof, and that said call Kris Ranslem at (970) 353-
6100, Ext. 3540, or Fax # (970)
newspaper is a weekly newspaper duly 304-6498, prior to the day of the
hearing so that reasonable
qualified for publishing legal notices and accommodations can be made if,
in accordance with the Americans
advertisements within the meaning of the with Disabilities Act, you require
special accommodations in order
laws of the State of Colorado. That the to participate in this hearing as a
result of a disability. All cases
annexed legal notice or advertisement was scheduled before the Planning
Commission for hearing are
published in the regular and entire issue of subject to continuance,due to lack
of quorum or otherwise. Contact
every number of said weekly newspaper for the Department of Planning
Services at (970) 353-6100. ext.
the period of 1 consecutive insertion(s); and 3540, for hearing continuance
information.
that the first publication of said notice was in Doug Ochsner,Chair
Weld County Planning
the issue of newspaper, dated 7th day of Co Commise sion
in the Fort Lupton
May, 2008, and the last on the 7th day of Press.
To e published one(1)time by
May, 2008. May 7,2008.
Publisher. Subscribed and sworn b o "LOPE
7th day of May, 2008. N � RY
�0}7AAR'en S. yA. PUBLIC QQ 6
C) a L L_L V .nt-or co‘,o e
`&iON or&
Notary Public.
CASE NO.401951 key 51283
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