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WELD COUNTY
CODE ORDINANCE 2008-5
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22
COMPREHENSIVE PLAN, 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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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 22
COMPREHENSIVE PLAN
Amend Sec. 22-1-150. Comprehensive Plan amendment procedure.
Evaluation of the Comprehensive Plan contained in this Chapter is necessary to provide an
accurate statement of County land use goals and policies based on current data and the needs of
County citizens. Therefore, when changes in the social, physical or economic conditions of the
County occur, it becomes necessary to reevaluate and change land use goals and policies. The
following procedures have been established to amend the Comprehensive Plan.
A - No change.
B. Individuals may submit a proposal to amend this Chapter in accordance with the
following procedure:
1 through 4 - No change.
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Insert a new subparagraph 5 as follows:
5. In the case of an amendment to the Southeast Weld Mixed Use
Development Area, the County shall first determine the type of amendment
proposed , which may be one or more of the following: a) an expansion of
the Southeast Weld MUD boundary; b) a modification to the land use
classification of property already within the Southeast Weld MUD
boundaries; or c) a language amendment to the Southeast Weld MUD. The
following supporting documents shall be submitted as a part of the
application except for those items determined by the Director of Planning
Services, in writing , or the Board of County Commissioners, on the record ,
to be unnecessary to a decision on the application .
a. Expansion of Southeast Weld MUD Boundaries. The proposed
application must submit the following :
1 ) Demonstrate the proposed expansion of the Southeast Weld
Mixed Use Development Area 2. 1 Land Use Map, as outlined
on the Southeast Weld Mixed Use Development Area 2 . 1
Land Use Map, has at a minimum one-sixth ( 1 /6) contiguity
to the existing Southeast MUD boundary.
2) Demonstrate, through supporting documentation , how the
proposed amendment will address the impact on existing or
planned service capabilities, including , but not limited to,
roads, stormwater, and emergency services.
3) Demonstrate, through supporting documentation, how the
proposed amendment will address the impacts on the natural
environment.
4) Delineate the number of people who will reside and work in
the proposed area and the number of jobs created by the
proposed development. This statement shall include the
number of school-aged children and address the social
service provision needscireater community needs, such as
schools, of the proposed population.
5) Include a certified list of the names, addresses, and the
corresponding parcel identification numbers assigned by the
County Assessor to the owners of property of the surface
estate within one thousand ( 1 ,000) feet of the property
subject to the application . The source of such list shall be
from the records of the County Assessor, or an ownership
update from a title abstract company or attorney derived
from such records, or from the records of the County Clerk
and Recorder. If the list was assembled from the records of
the County Assessor, the applicant shall certify that such list
was assembled within thirty (30) days of the application
submission date. Inadvertent errors by the applicant in
supplying such list, or the Department of Planning Services
2008-1653
PAGE 2 ORD2008-5
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.
6) The written certification required by Section 24-65.5-103.3,
C.R.S. Such certification may be submitted on the date of
the initial public hearing referred to in
Section 24-65.5-103(1), C.R.S.
7) Outline the proposed use of the property, including the
maximum number of dwelling units, amount of commercial
and industrial space, and percentage of open space
projected for that area.
8) Submit a deed or legal instrument to the Department of
Planning Services identifying the applicant's interest in the
property.
9) Demonstrate that the site can be serviced by public water
and sanitary sewer service that is adequate for the proposed
use.
10) Include a prepared preliminary traffic impact analysis. All
traffic analysis information and reports shall be prepared and
certified by a Colorado registered professional engineer
competent in traffic engineering, and shall address impacts
to on-site and off-site roadways, including strategic roadways
within Weld County,state highways,and interstate highways.
The intent of this analysis is to determine the project's
cumulative development impacts, appropriate project
mitigation, and improvements necessary to offset a specific
project's impacts. This analysis shall include the following
information:
a. Introduction: Describe the proposed development
and parameters of the study area, including off-site
roadways.
b. Trip generation: Determine daily,and a.m. and p.m.,
peak-hour trip generation for the proposed
development using established rates identified in the
Trip Generation Manual published by the Institute of
Transportation Engineers, or as agreed to by County
Engineering staff.
c. Trip distribution: Based on assumptions contained in
the Southeast Weld MUD area traffic analysis or
market estimate, describe the anticipated trip
distribution patterns for the proposed development.
2008-1653
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d. Trip assignment: Based on the projected trip
generation, assumed trip distribution, and the
prevailing roadway network, assign the projected
traffic to the intersections and streets within the study
area.
e. Any reasonable additional information deemed
necessary for review.
11) Include a preliminary Drainage Study. All drainage analysis
information and reports shall be prepared and certified by a
Colorado registered professional engineer competent in the
hydraulic engineering and shall address impacts to on-site
and off-site drainage ways within Weld County, and the
surrounding area. The intent of this analysis is to determine
the project's cumulative development impacts, appropriate
project mitigation, and improvements necessary to offset a
specific project's impacts.
12) Submit an affidavit agreeing to all pervious triggers and
commitments, as determined by prior applications and
actions required by the Board of County Commissioners.
13) Demonstrate conformance with the maximum land use
limitations of the Southeast Weld MUD Structural Land Use
Densities, or provide justifications if proposed for an
amendment.
14) Provide an amended Southeast Weld MUD Land Use Map.
b. Modification to Land Use Classification of Property Already Within
the Southeast Weld MUD Boundaries. The proposed application
must submit the following:
1) Demonstrate that the underlying planned services, and/or
infrastructure approved for the Southeast Weld MUD,are not
materially affected; or if materially affected, propose and
support mitigation measures addressing the improvements
required.
2) Demonstrate that the proposed land use designations are
compatible with the existing land-use designation of adjacent
Southeast Weld MUD planning areas.
3) Demonstrate, through supporting documentation, how the
proposed amendment will address the impacts on the natural
environment.
4) Delineate the number of people who will reside and work in
the proposed area and the number of jobs created by the
proposed development. This statement shall include the
2008-1653
PAGE 4 ORD2008-5
number of school-aged children and address the social
service provision needsgreater community needs, such as
schools, of the proposed population.
5) Include a certified list of the names, addresses, and the
corresponding parcel identification numbers assigned by the
County Assessor to the owners of property of the surface
estate within one thousand ( 1 ,000) feet of the property
subject to the application . The source of such list shall be
from the records of the County Assessor, or an ownership
update from a title abstract company or attorney derived
from such records, or from the records of the County Clerk
and Recorder. If the list was assembled from the records of
the County Assessor, the applicant shall certify that such list
was assembled within thirty (30) days of the application
submission date. Inadvertent errors by the applicant in
supplying such list, or the Department of Planning Services
in sending such notice, shall not create a jurisdictional defect
in the hearing process, even if such error results in the
failure of a surrounding property owner to receive such
notification .
6) The written certification required by Section 24-65.5-103.3,
C. R.S. Such certification may be submitted on the date of
the initial public hearing referred to in
Section 24-65. 5-103( 1 ), C. R. S .
7) Outline the proposed use of the property, including the
number of dwelling units, number of commercial and
industrial units, and percentage of open space projected for
that area .
8) Submit a deed or legal instrument to the Department of
Planning Services identifying the applicant's interest in the
property.
9) Demonstrate that the site can be serviced by public water
and sanitary sewer service that is adequate for the proposed
use.
10) Include a preliminary traffic impact analysis. All traffic
analysis information and reports shall be prepared and
certified by a Colorado registered professional engineer
competent in traffic engineering , and shall address impacts
to on-site and off-site roadways , including strategic roadways
within Weld County, state highways, and interstate highways.
The intent of this analysis is to determine the project's
cumulative development impacts, appropriate project
mitigation, and improvements necessary to offset a specific
project's impacts. This analysis shall include the following
information :
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PAGE 5 ORD2008-5
a. Introduction: Describe the proposed development
and parameters of the study area, including off-site
roadways.
b. Trip generation: Determine daily, and a.m. and p.m.,
peak-hour trip generation for the proposed
development using established rates identified in the
Trip Generation Manual published by the Institute of
Transportation Engineers, or as agreed to by County
Engineering staff.
c. Trip distribution: Based on assumptions contained in
the Southeast Weld MUD area traffic analysis or
market estimate, describe the anticipated trip
distribution patterns for the proposed development.
d. Trip assignment: Based on the projected trip
generation, assumed trip distribution, and the
prevailing roadway network, assign the projected
traffic to the intersections and streets within the study
area.
e. Any reasonable additional information deemed
necessary for review.
11) Include a preliminary Drainage Study. All drainage analysis
information and reports shall be prepared and certified by a
Colorado resisted professional engineer competent in the
hydraulic engineering, and shall address impacts to on-site
and off-site drainage ways within Weld County, and the
surrounding area. The intent of this analysis is to determine
the project's cumulative development impacts, appropriate
project mitigation, and improvements necessary to offset a
specific project's impacts.
12) Provide an amended Southeast Weld MUD Land Use Map
13) Submit an affidavit agreeing to all pervious triggers and
commitments, as determined by prior applications and
actions required by the Board of County Commissioners.
c. Language amendment to the Southeast Weld MUD. The proposed
application must submit the following:
1) The applicant shall demonstrate, through supporting
documentation, how the proposed amendment will address
the impact on existing or planned service capabilities,
including, but is not limited to, roads, stormwater, and
emergency services.
2008-1653
PAGE 6 ORD2008-5
2) Include a certified list of the names, addresses, and the
corresponding parcel identification numbers assigned by the
County Assessor to the owners of property of the surface
estate within one thousand (1,000) feet of the property
subject to the application. The source of such list shall be
from the records of the County Assessor, or an ownership
update from a title abstract company or attorney derived
from such records, or from the records of the County Clerk
and Recorder. If the list was assembled from the records of
the County Assessor, the applicant shall certify that such list
was assembled within thirty (30) days of the application
submission date. Inadvertent errors by the applicant in
supplying such list, or the Department of Planning Services
in sending such notice,shall not create a jurisdictional defect
in the hearing process, even if such error results in the
failure of a surrounding property owner to receive such
notification.
3) The written certification required by Section 24-65.5-103.3,
C.R.S. Such certification may be submitted on the date of
the initial public hearing referred to in
Section 24-65.5-103(1), C.R.S.
4) Submit a deed or legal instrument to the Department of
Planning Services identifying the applicant's interest in the
property.
5) Demonstrate that the underlying planned services, and/or
infrastructure approved for the Southeast Weld MUD are not
materially affected; or if materially affected, propose and
support mitigation measures addressing the improvements
required.
6) Demonstrate that the proposed amendments are compatible
with the existing land-use designation of adjacent Southeast
Weld MUD planning areas.
7) Demonstrate conformance with the maximum land use
limitations of the Southeast Weld MUD Structural Land Use
Densities.
8) Submit an affidavit agreeing to all pervious triggers and
commitments, as determined by prior applications and
actions required by the Board of County Commissioners.
Renumber current subparagraphs 5, 6, and 7, accordingly.
Insert a new subparagraph 8 (to be renumbered as paragraph 9) as follows:
8. In the case of any amendment to the Southeast Weld Mixed Use
Development Area 2.1 Land Use Map:
2008-1653
PAGE 7 ORD2008-5
a. The proposed amendment inclusion into the Southeast Weld Mixed
Use Development Area 2.1 Land Use Map or modification to the
existing land use classification as outlined on the Southeast Weld
Mixed Use Development Area 2.1 Land Use Map has one-sixth(1/6)
contiguity with the existing Southeast Weld Mixed Use Development
Area 2.1 Land Use Map.
b. The proposed amendment will address the impact on existing or
planned service capabilities including, but not limited to, all utilities,
infrastructure,stormwater infrastructure,and transportation systems.
c. The proposed amendment will address impacts on the natural
environment.
d. The proposed land use is compatible with the existing and
surrounding land uses.
e. The proposed number of new residents will be adequately served by
the social amenities, such as schools and parks of the community.
f. The proposed amendment has demonstrated that adequate services
are currently available or reasonably obtainable.
g. Referral agency responses have been received and considered.
Renumber current subparagraphs 8 and 9 to become 10 and 11.
Add Sec. 22-1-150.B.9.d (to be renumbered as paragraph 11.d) as follows:
d. In the case of any amendment to the Southeast Weld Mixed Use
Development Area 2.1 Land Use Map:
1) The proposed amendment inclusion into the Southeast Weld
Mixed Use Development Area 2.1 Land Use Map or
modification to the existing land use classification, as
outlined on the Southeast Weld Mixed Use Development
Area 2.1 Land Use Map, has 1/6th contiguity with the
existing Southeast Weld Mixed Use Development Area 2.1
Land Use Map boundary.
2) The proposed amendment will address the impact on
existing or planned service capabilities including, but not
limited to, all utilities, infrastructure, stormwater
infrastructure, and transportation systems.
3) The proposed amendment will address impacts on the
natural environment.
4) The proposed land use is compatible with the existing and
surrounding land uses.
2008-1653
PAGE 8 ORD2008-5
5) The proposed number of new residents will be adequately
served by the social amenities, such as schools and parks of
the community.
6) The proposed amendment has demonstrated that adequate
services are currently available or reasonably obtainable.
7) Referral agency responses have been received and
considered.
Renumber subparagraphs 10 and 11 to become 12 and 13.
Insert a new subparagraph 11.d (to be renumbered as paragraph 13.d) as follows:
d. In the case of any amendment to the Southeast Weld Mixed Use
Development Area 2.1 Land Use Map:
1) The proposed amendment inclusion into the Southeast Weld
Mixed Use Development Area 2.1 Land Use Map, or
modification to the existing land use classification as outlined
on the Southeast Weld Mixed Use Development Area 2.1
Land Use Map, has one-sixth (1/6) contiguity with the
existing Southeast Weld Mixed Use Development Area 2.1
Land Use Map.
2) The proposed amendment will address the impact on
existing or planned service capabilities including, but not
limited to, all utilities, infrastructure, stormwater
infrastructure, and transportation systems.
3) The proposed amendment will address impacts on the
natural environment.
4) The proposed land use is compatible with the existing and
surrounding land uses.
5) The proposed number of new residents will be adequately
served by the social amenities, such as schools and parks of
the community.
6) The proposed amendment has demonstrated that adequate
services are currently available or reasonably obtainable.
7) Referral agency responses have been received and
considered.
2008-1653
PAGE 9 ORD2008-5
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.
The above and foregoing Ordinance Number 2008-5 was, on motion duly made and
seconded, adopted by the following vote on the 30th day of June, 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-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
Publication: May 7, 2008
First Reading: May 19, 2008
Publication: May 28, 2008, in the Fort Lupton Press
Second Reading: June 9, 2008
Publication: June 18, 2008, in the Fort Lupton Press
Final Reading: June 30, 2008
Publication: July 9, 2008, in the Fort Lupton Press
Effective: July 14, 2008
2008-1653
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