HomeMy WebLinkAbout20082000.tiff ...totdt aut,:j
'7_ c2/- 0sg
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hereby are, repealed and re-enacted , with amendments, and the various Chapters are revised to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.
2008-2000
PAGE 1 ORD2008-8
B. Upon determination that the application submittal is complete, the Department of
Planning Services shall:
1 . Set a P anning Commission nearing cate within sixty (60) cays. 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.
i. Colorado Water Conservation Board .
j . U .S. Army Corps of Engineers.
k. U . S. Soil Conservation Service.
I. 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.
2008-2000
PAGE 2 ORD2008-8
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.
2 . 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 .
3 . 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. (f'reviouslydeleted pursuant to Code Ordinance #2007- 14, with subsequent
paragraphs renumbered as reflected hereafter. )
4 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
2008-2000
PAGE 3 ORD2008-8
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 .
1. Type of rezoning request.
5. Refer the application to the following agencies, when applicable, for review
and comment. Tie agencies named sha responc witiin twenty-eigit (28)
says after tie mai ing of he application by he COUNTY. Tie failure of any
favorab e response to tie P anning Commission. Tie reviews anc
comments so icitec by tie County are intencec to provice tie COUNTY wit-t
information about tie proposec Ciange of Zone. Tie Panning Commission
and Boarc of County Commissioners may consicer a suci reviews anc
comments anc may so icit aceitiona information if suci information is
ceemec necessary. Tie reviews anc comments submittec by a referra-
agency are recommendations to the COUNTY. The authority and
responsibi ity for making tie cecision to approve or ceny tie recuest for
Ciange of Zone rest witi tie officia s of tie County:
a. The planning commission or governing body of any town and county
whose bouncaries are witiin a tiree-mi e racius oT tie parce uncer
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 o- Dub ic ea ti anc Environment:
c. Department of Pub ic Works to review the engineering aspects of
the proposal.
e. Colorado Department of I lealth.
f. Colorado Geological Survey.
g . Colorado I listork l Society.
2008-2000
PAGE 4 ORD2008-8
h . Colorado Department of Transportation.
i. Colorado Water Conservation Board.
j. U. S. Army Corps of Engineers.
k. U.S. Soil Conservation Service.
I . U. S. rarest 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
P anning Services, -' anning Commission or Boarc of County
Commissioners deems necessary.
6. Prepare staff comments far use by the Planning Commission addressing all
aspects of tie app ication, its conformance witi Chapter 22 of tiis Coce,
anc tie Compreiensive an or MAS—ER PLAN of affec-ec municipa ities,
ntergovernmenta Agreements, sounc ant USE p anning practices,
comments receivec 'rom agencies to wiici tie proposa was re'errec anc
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
2008-2000
PAGE 5 ORD2008-8
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.
i . Colorado Department of Transportation.
j . Colorado State Division of Wildlife.
k. Colorado State Engineer, Division of Water Resources.
I . 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.
2008-2000
PAGE 6 ORD2008-8
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.
2 . 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
paragraphs renumbered as reflected hereafter. )
3 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 .
2008-2000
PAGE 7 ORD2008-8
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.
4 / . 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 tie app ication to tie fo owing agencies, wien app .icab e, for review
anc comment. Tie agencies namec sna responc witnin twenty-eignt (28)
days after tie mai ing o= tie app 'cation by tie COUNTY. The fai ure o= any
agency to responc witnin twenty-eigit (28) cays may be ceemed to be a
'avorab e response to tie anning Commission . The reviews anc
comments so icitec by tie COUNTY are intencec to provice tie COLN—Y
wia in rormation about tie proposec Use by Specia Review. The anning
Commission anc Boarc o- Coun:y Commissioners may consicer a suci
reviews and comments and may solicit additional information if such
in;ormation is ceemec necessary. The reviews anc comments submittec
by a referra agency are recommencations to tie COUNTY. Tie autiority
anc responsibi ity for making tie cecision to approve or ceny tie request for
a Specia Review Fermi- rest witi tie o=ficia s o= tie COU \TY.
a. The planning commission or governing body of any town and county
wiose bouncaries are witnin a tiree-mi e racius o- tie parce uncer
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 I lealth and Environment.
d. Department of Public Works to review the engineering aspects of
the proposal.
e. County Extension office.
f. Colorado Department of I lealth.
g. Colorado Geological Survey.
h. Colorado I listorical Society.
2008-2000
PAGE 8 ORD2008-8
r. Co oraco Department o= —ransportation.
j. Colorado State Division of Wildlife.
k. Colorado State Engineer, Division of Water Resources.
I. 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
P anning Services, P anning Commission, or Boarc of County
Commissioners deems necessary..
6. Prepare staff comments for use by the rlanning Commission addressing all
aspects o= the app 'cation, its conformance with in Chapter 22 o= this Coce
anc any other app icab e coce provision or ordnance in e'ect, acoptec
master p ans of affectec municipa ities, sounc anc use p anning practices,
comments received from agencies to which the proposal was referred , and
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 P anning Commission nearing cate witnin sixty (60) cays. 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
2008-2000
PAGE 9 ORD2008-8
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.
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.
i . Special service districts which may provide service to the
DEVELOPMENT.
j . State Engineer, Division of Water Resources.
k. Natural Resource Conservation Service.
I . 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.
2008-2000
PAGE 10 ORD2008-8
2 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 .
5. . 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.
4H . 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.
5- 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
2008-2000
PAGE 11 ORD2008-8
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.
i . Special service districts which may provide service to the
DEVELOPMENT.
j . State Engineer, Division of Water Resources.
k. Natural Resource Conservation Service.
I . Any other agencies or individuals whose review the Department of
Planning Services deems necessary.
6 . 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
2008-2000
PAGE 12 ORD2008-8
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. Tie anner sna sciecu e a P-anning Commission meeting cate witnin sixty (60)
days.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.
2008-2000
PAGE 13 ORD2008-8
D . The Planner shall schedule a hearing before the Utilities Advisory Coordinating
Committee. This hearing shall be held prior to the Planning Commission meeting .
e . 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. )
f3 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.
E 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 Planner shall refer he app ication .o re'erra agencies, wien app icable, for
review anc comment. Tie agencies sia- responc witiin twenty-eight (28) days
after tie mai ing of tie app ication by tie County. Tie fai ure of any agency to
respond within twenty-eight (28) days may be deemed to be a favorable response
to the Planning Commission. The revie is-arid comments solicited by the County
are intended to provide the County with information about the proposed minor
subcivision . Tie P anninc Commission anc Boarc may consicer a suci reviews
anc comments anc may so icit accitiona information if suci information is ceemec
necessary. The reviews and comments submitted by a referral agency are
recommencations to tie County. The autiority anc responsibi ity for making tie
cecision to approve or ceny tie recuest for a minor subcivision rests wits tie Boarc
of County Commissioners.
G. The Planner shall prepare a recommendation for the Planning Commission
accressing a aspects of tie app ication, inc using-
1 through 3 - No change.
I-1 . The Planning Commission shall hold a meeting to consider the minor subdivision
application . The Planning Commission shall provide a recommendation to the
2008-2000
PAGE 14 ORD2008-8
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.
�.,' . 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 .
J! 1: . 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 .
Kr _ . 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 relettered as reflected hereafter. )
L . 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 .
N' 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
2008-2000
PAGE 15 ORD2008-8
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.
&; . 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.
P . No minor subdivision final plat shall be considered approved and eligible for
recording until the Board has approved a subdivision improvements agreement.
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 . —ne anner sia sciecu e a D arming Commission meeting cate
witnin ninety (90) cays after tie comp ete app ication mas been
submitted. 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.
2008-2000
PAGE 16 ORD2008-8
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.
2008-2000
PAGE 17 ORD2008-8
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.
b, . The Planner shall schedule a hearing before the Utilities Advisory
Coordinating Committee. This hearing will be held prior to the
Planning Commission meeting .
el . 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. )
e : . 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.
e, 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 .
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
2008-2000
PAGE 18 ORD2008-8
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.
g . The Planner shall prepare a recommendation for use by the
Planning Commission addressing all aspects of the application
including :
1 through 4 - No change.
h'< . 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 Staff's 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
2008-2000
PAGE 19 ORD2008-8
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 within forty-five (45) days.
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
ResubdivisionSubdivision 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.
2008-2000
PAGE 20 ORD2008-8
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 anning Commission searing cate witnin sixty (60) cays after tie
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.
2008-2000
PAGE 21 ORD2008-8
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.
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.
4 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.
2008-2000
PAGE 22 ORD2008-8
5 . 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
accressing a aspects of tie app 'cation. D anning staff recommencations
will determine ifs
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 rut) will conform
wi-i :he pertrmance s:ancarcs o= ae ='!. D Zone Dis:ric: con-ainec
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 -fie existing zoning, anc wi•i tie suture ceve opment as pro:ectec
by Chapter 22 of this Code or master plans of affected
municipalities.
d. The PUD Zone District shall be serviced by an adequate water
supp y anc sewage cisposa system in comp lance with tne
performance standards in Article II of this Chapter.
e. The street or highway facilities providing access to the property are
acecuate in =unctiona c assification, wicti anc struc:ura capacity to
meet tie traffic recuirements o/ tie uses of tie proposec 'DUD Zone
District.
f. An off-site roac improvements agreement and an on-site
improvements agreement proposa is in comp iance witi Ciap_er 24
of this Coce, as amencec, anc a roac improvements agreement is
complete and has been submitted, if applicable.
g. There has been comp iance witi tie app icab e recuirements
contained in Chapter 23 of this Code regarding overlay districts,
commercia minera ceposits anc soi concitions on tie sub_ect site.
h. Consistency exists between tie proposec zone cistrict, uses anc tie
specVic or conceptua ceve opment guice anc concerns icentifiec in
2008-2000
PAGE 23 ORD2008-8
sketch plan comments provided pursuant to Section 27-4-40 of this
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 Boarc of County Commissioners nearing cate within sixty (60)
cays after tie comp ete app 'cation has been submittec.
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.
e 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
2008-2000
PAGE 24 ORD2008-8
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 .
d . 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.
e 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. Prepare a staff recommendation for the Board of County
Commissioners addressing all aspects of the application. Planning
star recommenca 'ions wi cetermine comp lance wi-n Subsec:ions
CA through C.8 below.
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 .
2008-2000
PAGE 25 ORD2008-8
The above and foregoing Ordinance Number 2008-8 was, on motion duly made and
seconded , adopted by the following vote on the 8th day of September, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H . Jerke, Chair
Weld County Clerk to the Board
Robert D. Masden , Pro-Tern
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM :
David E. Long
County Attorney
Douglas Rademacher
Publication : July 4, 2008
First Reading : July 21 , 2008
Publication: August 1 , 2008, in the Greeley Tribune
Second Reading : August 18, 2008
Publication: August 29, 2008, in the Greeley Tribune
Final Reading : September 8, 2008
Publication : September 19, 2008, in the Greeley Tribune
Effective: September 24, 2008
2008-2000
PAGE 26 ORD2008-8
Hello