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Home My WebLink About20081830.tiff 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of the County of Weld, State of Colorado,that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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. 1IIIIII11111IIIIIIHIIII IIIIIIII1111111III IIIII III! III! 3568392 07/25/2008 11:51A Weld County, CO 1 of 10 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2008-1830 PAGE 1 co 'L S rvt ORD2008-5 cC 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 greater a- 10 community needs, such as schools, of the proposed orm population. - re Y 5) Include a certified list of the names, addresses, and the d corresponding parcel identification numbers assigned by the - _"0 County Assessor to the owners of property of the surface �' d estate within one thousand (1,000) feet of the property dg subject to the application. The source of such list shall be - 44 from the records of the County Assessor, or an ownership ap; update from a title abstract company or attorney derived IP v' from such records, or from the records of the County Clerk mimo and Recorder. If the list was assembled from the records of mm — c the County Assessor, the applicant shall certify that such list *=. was assembled within thirty (30) days of the application o• submission date. Inadvertent errors by the applicant in mEmo� supplying such list, or the Department of Planning Services ENO 0T co rai�0 2008-1830 °'O4 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 `o information: ca cc o a. Introduction: Describe the proposed development and parameters of the study area, including off-site roadways. = f9 cp b. Trip generation: Determine daily,and a.m. and p.m., 3 2 peak-hour trip generation for the proposed CD development using established rates identified in the v, Trip Generation Manual published by the Institute of • T Transportation Engineers, or as agreed to by County imm Engineering staff. $o c. Trip distribution: Based on assumptions contained in o the Southeast Weld MUD area traffic analysis or x market estimate, describe the anticipated trip distribution patterns for the proposed development. o LO -QV, 2008-1830 PAGE 3 ORD2008-5 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 a d must submit the following: a 12 1) Demonstrate that the underlying planned services, and/or a cc o m infrastructure approved for the Southeast Weld MUD,are not mai" materially affected; or if materially affected, propose and -osupport mitigation measures addressing the improvements a- 0 g required. d a0 2) Demonstrate that the proposed land use designations are compatible with the existing land use designation of adjacent SIP ca Southeast Weld MUD planning areas. O 0 3) Demonstrate, through supporting documentation, how the o o proposed amendment will address the impacts on the natural � environment. = M^o Min c CC 4) Delineate the number of people who will reside and work in a 0 c the proposed area and the number of jobs created by the ___cc, T aco o proposed development. This statement shall include the —get 2008-1830 PAGE 4 ORD2008-5 number of school-aged children and address the greater 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 imam :33. property. 9) Demonstrate that the site can be serviced by public water c)ea and sanitary sewer service that is adequate for the proposed �_ use. O CU rwri0 10) Include a preliminary traffic impact analysis. All traffic analysis information and reports shall be prepared and certified by a Colorado registered professional engineer a competent in traffic engineering, and shall address impacts MIMI i"' to on-site and off-site roadways,including strategic roadways o within Weld County,state highways,and interstate highways. _E The intent of this analysis is to determine the project's ammota cumulative development impacts, appropriate project -N o mitigation, and improvements necessary to offset a specific pox project's impacts. This analysis shall include the following �N o information: co co co 0 Min 2008-1830 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 MO=- a3 project mitigation, and improvements necessary to offset a o specific project's impacts. a- ec 0 oes 12) Provide an amended Southeast Weld MUD Land Use Map. rmi 13) Submit an affidavit agreeing to all pervious triggers and � 0 g commitments, as determined by prior applications and a:9- o actions required by the Board of County Commissioners. a c. Language amendment to the Southeast Weld MUD. The proposed Wr. application must submit the following: O 1) The applicant shall demonstrate, through supporting c o documentation, how the proposed amendment will address --lb the impact on existing or planned service capabilities, at-0, o including, but is not limited to, roads, stormwater, and x emergency services. ENO aCoT �� —NCO 2008-1830 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. o cc 7) Demonstrate conformance with the maximum land use limitations of the Southeast Weld MUD Structural Land Use Densities. = CU 8) Submit an affidavit agreeing to all pervious triggers and commitments, as determined by prior applications and a actions required by the Board of County Commissioners. —-may Renumber current subparagraphs 5, 6, and 7, accordingly. - o Insert a new subparagraph 8 (to be renumbered as paragraph 9) as follows: WNW NO o-no 8. In the case of any amendment to the Southeast Weld Mixed Use -rcc Development Area 2.1 Land Use Map: —No -Or =M 2008-1830 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 o modification to the existing land use classification, as outlined on the Southeast Weld Mixed Use Development - at Area 2.1 Land Use Map, has one-sixth (1/6) contiguity with W" the existing Southeast Weld Mixed Use Development Area C3 2.1 Land Use Map boundary. g U — 0 2) The proposed amendment will address the impact on _ existing or planned service capabilities including, but not limited to, all utilities, infrastructure, stormwater cty infrastructure, and transportation systems. 3) The proposed amendment will address impacts on the =.=o� natural environment. =moo N o 4) The proposed land use is compatible with the existing and ��cc surrounding land uses. EGA air M=MCO�O SOD CO 2008-1830 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 a surrounding land uses. N - °G 5) The proposed number of new residents will be adequately oots served by the social amenities, such as schools and parks, -al a of the community. " 6) The proposed amendment has demonstrated that adequate services are currently available or reasonably obtainable. - d 7) Referral agency responses have been received and —O- -—o considered. 0 a o co-o �O a cm o no a O et a ENO -a,T M =t0p O —"" 2008-1830 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 R �� •. WELD COUNTY, COLORADO - k- ATTEST: � issi "'r 16-9 William H. Jerke, Chair Weld County Clerk tot B %O Cj")/ /" EXCUSED / v. Robert D. M� 4sden, Pro-Tem BY: � Deputy Clerk o the Board Willi F. Garcia ROV A M: � (C David E. Long i /Attorneys m „9i U �R� Douglas ademacher 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 11111111111111111111111111111III1111111III111111III1111 3568392 07/25/2008 11:51A Weld County, CO 10 of 10 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2008-1830 PAGE 10 ORD2008-5 Hello