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HomeMy WebLinkAbout20081504.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-5 was introduced on first reading on May 19, 2008, and a public hearing and second reading was held on June 9, 2008. A public hearing and final reading was completed on June 30, 2008, with no change being made to the text of said Ordinance,and on motion duly made and seconded,was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-5 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD COUNTY CODE EFFECTIVE DATE: July 14, 2008 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 2, 2008 PUBLISHED: July 9, 2008, in the Fort Lupton Press PROOF OF PUBLICATION NOTICE OF FINAL READING OF ORDINANCE FORT LUPTON Pursuant to the Weld County Rule Home Charter, Ordinance od ed Number 2 Cwas introduced STATE OF COLORADOon first reading on May 19,2008,and COUNTY OF WELD SS. a public hearing and second reading was held on June 9,2008. A public hearing and final reading was completed on June 30,2008, with no change being made to the text of said Ordinance, and on I, Karen Lambert, do solemnly swear that I motion made and seconded, was adopted. Effective date of said Ordinance is listed below. am the Publisher of the Fort Lupton Press; Any backup material, exhibits or that the same is a weekly newspaper printed information ariouslo submitted to the Board of County and published in the County of Weld, State matter ma Commissioners e in this t may be examined the office of the Clerk to the Board of of Colorado, and has a general circulation County Commissioners,located in the Weld County Centennial therein; that said newspaper has been Center,915 10th Street, Third Floor,Greeley,Colorado,between published continuously and uninterruptedly the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may in said county of Weld for a period of more be accessed through the Weld County Web Page than fifty-two consecutive weeks prior to the (www.co.weld.co.us). E-Mail messages sent to an individual first publication of the annexed legal notice Commissioner may not be included in the case file. To or advertisement; that said newspaper has ensure inclusion of your E-Mail correspondence into the case been admitted to the United States mails as file, please send a copy to egesick@co.weld.co.us. second-class matter under the provisions of ORDINANCE NO.2008-5 the act of March 3, 1879, or any ORDINANCE TITLE: IN THE amendments thereof, and that said MATTER REPEALING AND newspaper is a weekly newspaper duly REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF qualified for publishing legal notices and THE WELD COUNTY CODE advertisements within the meaning of the EFFECTIVE DATE:July 14,2008 laws of the State of Colorado. That the BOARD OF COUNTY COMMISSIONERS annexed legal notice or advertisement was WELD COUNTY,COLORADO published in the regular and entire issue of DATED:July 2,2008 PUBLISHED:July 9,2008,in the every number of said weekly newspaper for Fort Lupton Press the period of 1 consecutive insertion(s); and that the first publication of said notice was in the issue of newspaper, dated 9th day of July, 2008, and the last on the 9th day of July, 2008. Publisher. Subscribed and sworn b Ogl LOPE.� 3rd day of July, 2008. 0 oT ��ARY in V v o 0 ‘s/ON Ees Notary Public. CASE NO.401951 key 52216 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-5 was introduced on first reading on May 19, 2008, and a public hearing and second reading was held on June 9, 2008, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on June 30, 2008. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-5 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 30, 2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 13, 2008 PUBLISHED: June 18, 2008, in the Fort Lupton Press CHANGES MADE TO CODE ORDINANCE #2008-5 ON SECOND READING Amend Sec. 22-1-150.B.5.a.4 and Sec. 22-1-150.B.5.b.4 to read as follows: 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 community needs, such as schools, of the proposed population. PROOF OF /1 PUBL. l+ ��1 ICATION NOTICE OF SECOND READING OF ORDINANCE FORT LUPTON Pursuant to the Weld County STATE OF COLORADO Home Rule Charter, Ordinance Number 2008-5 C was dced on first reading on May 19,2008,and UNTY OF WELD SS. a public hearing and second reading was held on June 9,2008, with changes being made as listed below. A public hearing and reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th I, Karen Lambert, do solemnly swear that I Street, Greeley, Colorllado 80631, am the Publisher of the Fort Lupton Press; on Junemanner 2008. e in persons in any manner interested in the next reading of said Ordinance are that the same is a weekly newspaper printed requested to attend and may be heard. and published in the County of Weld, State Please contact the Clerk to the Board's Office at phone(970)336- of Colorado, and has a general circulation 7215,Extension 4225,or fax(970) therein; that said newspaper has been 3525'0242,prior to the day of the 35252 if, a a result of a published continuously and uninterruptedly disability,comm you reasonable or accommodations you require i asor to in said county of Weld for a period of more An in this m hearing. participate material, exhibits or information previously submitted than fifty-two consecutive weeks prior to the to the Board of County Commissioners concerning this first publication of the annexed legal notice matter may be examined in the offiof or advertisement; that said newspaper has County f the mCissi ners Board e in h Clerk to the located of the Weld County Centennial been admitted to the United States mails as Center, 915 10th Street, Third Floor,Greeley,Colorado,between second-class matter under the provisions of the hours of 8:00 a.m. and 5'00 Monday thru Friday, or may p.m., essed throuWebgh the Weld Countyamendments thereof, and that said (www.co.weld.co.us). E-MPaail sent to an individual newspaper is a weekly newspaper duly Commissioner o missioinethe may not bTe inqualified for publishing legal notices and ensure inclusion of your E-Mail correspondence Into the case advertisements within the meaning of the file, please send a copy to egesick@co.weld.co.us. laws of the State of Colorado. That the exed legal notice or advertisement was ORDINANCE NO.2008-5 ORDINANCE TITLE: IN THE lished in the regular and entire issue of MATTER OF REPEALING AND REENACTING, WITH every number of said weekly newspaper for AMENDMENTS, CHAPTER 22 COMPREHENSIVE PLAN, OF the period of 1 consecutive insertion(s); and THE WELD COUNTY CODE that the first publication of said notice was in DATE OF NEXT READING:June the issue of newspaper, dated 18th day of 30 2008,x1900 am. BOARD OF COUNTY June, 2008, and the last on the 18th day of COMMISSIONERS June, 2008. WELD COUNTY,COLORADO DATED:June 13,2008 PUBLISHED: June 18, 2008, in the Fort Lupton Press CHANGES MADE TO CODE ORDINANCE #2008.5 ON SECOND READING Amend Sec. 22.1.150.B.5.a.4 and Sec. 22-1-150.B.5.b.4 to read as follows: 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 schoola 'aged children and address the greater community needs,such as schools, of the proposed population. Publisher. Subscribed and sworn b �� L.OPFc' 16th day of June, 2008. NOTARY v o �� S \fPUBUC .o ti °N W, Notary Public. CASE NO.401951 key 51897 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. 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 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 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. 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 number of school-aged children and address the social service provision 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: 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. 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: 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. 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. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section,subsection, paragraph,sentence,clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2008-5 published above, was introduced and, on motion duly made and seconded, approved upon first reading on May 19, 2008. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on June 9, 2008. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: June 9, 2008, at 9:00 a.m. THIRD READING: June 30, 2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 23, 2008 PUBLISHED: May 28, 2008, in the Fort Lupton Press WELD COUNTY CODE ORDINANCE 2008-5 IN THE MATTER OF REPEAL- ! 1)Demonstrate the proposed PROOF OF PUBLICATION ING AND REENACTING,WITH ' expansion of the Southeast Weld AMENDMENTS,CHAPTER 22 Mixed Use Development Area 2.1 FORT LUPTON PRESS COMPREHENSIVE PLAN,OF THE Weld Mixed outlined Devel- opment STATE OF COLORADO WELD COUNTY CODE Southeast W Area2.1 Land Use Map, COUNTY OF WELD SS. BE IT ORDAINED BY THE BOARD has at a minimum one-sixth(1/6) OF COUNTY COMMISSIONERS contiguity to the existing Southeast OF THE COUNTY OF WELD, MUD boundary. STATE OF COLORADO: I, Karen Lambert, do solemnly swear that I am 2)Demonstrate,through supporting WHEREAS,the Board of County documentation,how the proposed the Publisher of the Fort Lupton Press; that I Commissioners of the County of amendment will address the impact the same is a weekly newspaper printed and Weld,State of Colorado,pursuant on existing or planned service cape- to Colorado statute and the Weld bilities,including,but not limited to, published in the County of Weld, State of County Home Rule Charter,is roads,stormwater,and emergency vested with the authority ofadmin- services. Colorado, and has a general circulation therein; istering the affairs of Weld County, Colorado,and 3) Demonstrate, that said newspaper has been published through supporting documentation, WHEREAS,the Board of County how the proposed amendment will continuously and uninterruptedly in said county Commissioners,on December 28, address the impacts on the natural of Weld for a period of more than fifty-two 2000,adopted Weld County Code environment. y Ordinance 2000-1,enacting consecutive weeks prior to the first publication of comprehensive Code for the County 4) Delineate the of Weld,including the codification of number of people who will reside the annexed legal notice or advertisement; that all previously adopted ordinances and work in the proposed area and of a general and permanent nature the number of jobs created by the said newspaper has been admitted to the United enacted on or before said date of proposed development. This state- adoption,and ment shall include the number of States mails as second-class matter under the I school-agdchildrenand address provisions of the act of March 3, 1879, or any WHEREAS,the Weld County Code the sol-ageervice provision needs, is in need of revision and clarifica- I such as schools,of the proposed amendments thereof, and that said newspaper tion with regard to procedures, population. terms,and requirements therein. 5 is a weekly newspaper duly qualified for I NOW,THEREFORE,BE IT OR- I Include a certified list of the names, publishing legal notices and advertisements DAINED by the Board of County addresses,and the correspond- Commissioners of the County ing parcel identification numbers within the meaning of the laws of the State of of Weld,State of Colorado,that i assigned by the County Assessor certain existing Chapters of the to the owners of property of the Colorado. That the annexed legal notice or Weld County Code be,and hereby surface estate within one thousand advertisement was published in the regular and are,repealed and re-enacted, (1,000)feet of the properly subject with amendments,and the various to the application. The source of entire issue of every number of said weekly Chapters are revised to read as such list shall be from the records of follows. the County Assessor,or an owner- newspaper for the period of 1 consecutive ship update from a title abstract CHAPTER22 company or attorney derived from insertion(s); and that the first publication of said COMPREHENSIVE PLAN such t n Crfromtderecords notice was in the issue of newspaper, dated 28th of the County Clerk the Recorder Amend Sec.22-1-150. Com- If the list was assembled from the day of May, 2008, and the last on the 28th day prehensive Plan amendment records of the County Assessor,the procedure. wapplicant as assembled within thirty(0)that such st of May, 2008. Evaluation of the Comprehensive days of the application submission Plan contained in this Chapter is date.Inadvertent errors by the ap- necessary to provide an accurate plicaM in supplying such list,or the statement of County land use Department of Planning Services goals and policies based on cur- in sending such notice,shall not rent data and the needs of County create a jurisdictional defect in the �,-/'f citizens. Therefore,when changes hearing process,even if such error W ur • i in the social,physical or economic results in the failure of a surround- conditions of the County occur,it ing property owner to receive such becomes necessary to reevaluate j notification. and change land use goals and 6) The written certification policies. e following to proceduresamdrequiredSuy ch Section 24-65.5-103.3,a be Publisher, Subscribed and sworn before me, this have been a fool wing du C.R.S. Such certification ction -6 .may be the Comprehensive Plan. submitted on the date of the initial 28th day of, May, 2008. public hearing referred to in Sec- ., y A-No change. tion 24-65.5-103(1),C.R.S. I _ B. Individuals ' 7)Outline the proposed use of the 'V//� LO may submit a proposal to amend property,including the maximum this Chapter in accordance with the number of dwelling units,amount following procedure: . of commercial and industrial space, g‘I,OP and percentage of open space fl 1 through 4-No change. projected for that area. g TARP Insert a new subparagraph 5 as 8)Submit a deed or legal instrument NC follows: to the Department of Planning 5. In the case of an Services identifying the applicant's amendment to the Southeast Weld interest in the property. (�} C - Mixed Use Development Area, 1;y 7A PUBLIC the County shall first determine 9) Demonstrate that the '2 TA. Q Ai the type of amendment proposed, site can be serviced by public water Q¢ ,9, which may be one or more of the and sanitary sewer service that is O fi CO\., c) following:a)an expansion of the �Sx, Southeast Weld MUD boundary;b) E% a modification to the land use clas- sification of property already within ■ Please see Notary Public. the Southeast Weld MUD boundar- ies;or c)a language amendment page 19 to the Southeast Weld MUD. The following supporting documents shall be submitted as a pan of I the application except for those !I items determined by the Director of I 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 follow- ing: LEGAL L S the underlying planned services, lowing information: IV- and/or infrastructure approved for the Southeast Weld MUD,are not a.lntroduction: Describe the pro- fromd e H materially affected;or if materi- posed development and parameters p 9 ally affected,propose and support I of the study area,including off-site mitigation measures addressing the roadways. I improvements required. I adequate for the proposed use. b.Trip generation: Determine daily, 2)Demonstrale that the proposed and a.m.and p.m.,peak-hour trip 10)Include a prepared preliminary land use designations are compat- generation for the proposed de- traffic impact analysis. All traffic ible with the existing land-use ' velopment using established rates I analysis information and reports designation of adjacent Southeast identified in the Trip Generation shall be prepared and certified by Weld MUD planning areas. Manual published by the Institute a Colorado registered professional of Transportation Engineers,or as engineer competent in traffic engi- 3) Demonstrate, agreed to by County Engineering neering,and shall address impacts through supporting documentation, staff. to on-site and off-site roadways, how the proposed amendment will including strategic roadways within address the impacts on the natural c. Trip Weld County,state highways,and I environment. distribution: Based on assumptions interstate highways. The intent of I contained in the Southeast Weld this analysis is to determine the 4) Delineate the MUD area traffic analysis or market project's cumulative development number of people who will reside I estimate,describe the anticipated impacts,appropriate project mitiga- and work in the proposed area and ' trip distribution patterns for the lion,and improvements necessary the number of jobs created by the proposed development. to offset a specific project's impacts. proposed development. This state- This analysis shall include the fol- I ment shall include the number of d.Trip assignment: Based on the lowing information: school-aged children and address projected trip generation,assumed the social service provision needs, trip distribution,and the prevail- a.lntroduction: Describe the pro- such as schools,of the proposed ing roadway network,assign the ' posed development and parameters population. projected traffic to the intersections of the study area,including off-site and streets within the study area. roadways. 5) Include a certified list of the names, e. Any reasonable additional b.Trip generation: Determine daily, addresses,and the correspond- information deemed necessary for and a.m.and p.m.,peak-hour trip ing parcel identification numbers review. generation for the proposed de- assigned by the County Assessor velopment using established rates to the owners of property of the 11) Include a prelimi- identified in the Trip Generation surface estate within one thousand nary Drainage Study. All drainage Manual published by the Institute (1,000)feet of the property subject analysis information and reports of Transportation Engineers,or as to the application. The source of shall be prepared and certified by agreed to by County Engineering such list shall be from the records of a Colorado resisted professional staff. the County Assessor,or an owner- engineer competent in the hydraulic ship update from a title abstract engineering,and shall address c. Trip company or attorney derived from impacts to on-site and off-site drain- distribution: Based on assumptions such records,or from the records age ways within Weld County,and contained in the Southeast Weld of the County Clerk and Recorder. the surrounding area. The intent MUD area traffic analysis or market If the list was assembled from the of this analysis is to determine the estimate,describe the anticipated records of the County Assessor,the project's cumulative development trip distribution patterns for the applicant shall certify that such list i impacts,appropriate project mitiga- proposed development. was assembled within thirty(30) lion,and improvements necessary d.Trip Based on the days of the application submission 1 to offset a specific project's impacts. rT p assignment: date.Inadvertent errors by the ap- p j trip generation,assumed plicant in supplying such list,or the 12)Provide an amended Southeast trip distribution,and the prevail- Department of Planning Services Weld MUD Land Use Map ing roadway network,assign the " in sending such notice,shall not projected traffic to the intersections create a jurisdictional defect in the 13) and streets within the study area. hearing process,even if such error Submit an affidavit agreeing to all e. Any reasonable additional results in the failure of a surround- pervious triggers and commitments, ing property owner to receive such as determined by prior applications information deemed necessary for notification. and actions required by the Board review. of County Commissioners. 6) The written certification • 11) Include required by Section 24-65.5-103.3, c. Language amendment a preliminary Drainage Study. All C.R.S. Such certification may be to the Southeast Weld MUD. The drainage analysis information and submitted on the date of the initial proposed application must submit reports shall be prepared and public hearing referred to in Sec- the following: certified by a Colorado registered tion 24-65.5-103(1),C.R.S. professional engineer competent ' 1) The ap- in the hydraulic engineering and 7) Outline the proposed plicant shall demonstrate,through shall address impacts to on-site and use of the property,including the I supporting documentation,how the off-site drainage ways within Weld number of dwelling units,number of I proposed amendment will address County,and the surrounding area. commercial and industrial units,and ' the impact on existing or planned The intent of this analysis is to percentage of open space projected service capabilities,including,but determine the project's cumulative i for that area. is not limited to,roads,stormwater, development impacts,appropriate and emergency services. project mitigation,and improve- 8)Submit a deed or legal instrument ments necessary to offset a specific to the Department of Planning 2) project's impacts. Services identifying the applicant's Include a certified list of the names, interest in the property. addresses,and the correspond- 12) ing parcel identification numbers Submit an affidavit agreeing to all 9) Demonstrate that the assigned by the County Assessor pervious triggers and commitments, site can be serviced by public water to the owners of property of the as determined by prior applications ' and sanitary sewer service that is surface estate within one thousand and actions required by the Board adequate for the proposed use. I. (1,000)feet of the property subject of County Commissioners. to the application. The source of 10) Include a preliminary such list shall be from the records of 13)Demonstrate conformance with traffic impact analysis. All traffic the County Assessor,or an owner- the maximum land use limitations of analysis information and reports ship update from a title abstract the Southeast Weld MUD Structural shall be prepared and certified by company or attomey derived from Land Use Densities,or provide a Colorado registered professional such records,or from the records justifications if proposed for an engineer competent in traffic engi- of the County Clerk and Recorder. amendment. neering,and shall address impacts If the list was assembled from the to on-site and off-site roadways records of the County Assessor,the 14)Provide an amended Southeast ,including strategic roadways within applicant shall certify that such list Weld MUD Land Use Map. Weld County,state highways,and was assembled within thirty(30) interstate highways. The intent of days of the application submission b.Modification to Land Use Clas- this analysis is to determine the date. Inadvertent errors by the ap- sification of Property Already Within project's cumulative development plicant in supplying such list,or the the Southeast Weld MUD Bounder- impacts,appropriate project mitiga- Department of Planning Services ies. The proposed application must tion,and improvements necessary in sending such notice,shall not submit the following: to offset a specific project's impacts. create a jurisdictional defect in the This analysis shall include the fol- hearing process,even if such error 1) Demonstrate that results in the failure of a surround- follows: BE IT FURTHER ORDAINED by ing property owner to receive such the Board that the Clerk to the notification. d.ln the case of any amendment Board be,and hereby is,directed to the Southeast Weld Mixed Use to arrange for Colorado Code 3) The written certification Development Area 2.1 Land Use Publishing to supplement the Weld required by Section 24-65.5-103.3, Map: County Code with the amend- C.R.S. Such certification may be ments contained herein,to coincide submitted on the date of the initial ' 1) with chapters,articles,divisions, public hearing referred to in Sec- The proposed amendment inclusion sections,and sub sections as they tion 24-65.5-103(1),C.R.S. into the Southeast Weld Mixed Use currently exist within said Code; Development Area 2.1 Land Use and to resolve any inconsistencies 4)Submit a deed or legal instrument Map or modification to the existing regarding capitalization,gram- to the Department of Planning land use classification,as outlined mar,and numbering or placement Services identifying the applicant's on the Southeast Weld Mixed Use of chapters,articles,divisions, interest in the property. Development Area 2.1 Land Use sections,and sub-sections in said Map,has 1/6th contiguity with the Code. 5) Demonstrate that existing Southeast Weld Mixed Use the underlying planned services, Development Area 2.1 Land Use BE IT FURTHER ORDAINED by and/or infrastructure approved for Map boundary. the Board if any section,subsec- the Southeast Weld MUD are not tion,paragraph,sentence,clause, materially affected;or if materi- 2) The or phrase of this Ordinance is for ally affected,propose and support proposed amendment will address any reason held or decided to be mitigation measures addressing the I the impact on existing or planned unconstitutional,such decision shall improvements required. service capabilities including,but not affect the validity of the remain- not limited to,all utilities,infrastruc- ing portions hereof. The Board 6)Demonstrate that the proposed ture,stormwater infrastructure,and of County Commissioners hereby amendments.are compatible with transportation systems. declares that it would have enacted • the existing land-use designation this Ordinance in each and every of adjacent Southeast Weld MUD 3) The proposed section,subsection,paragraph, planning areas. amendment will address impacts on sentence,clause,and phrase there- the natural environment. of irrespective of the fact that any 7)Demonstrate conformance with 4) The proposed land use one or more sections,subsections, the maximum land use limitations of is compatible with the existing and paragraphs,sentences,clauses, the Southeast Weld MUD Structural surrounding land uses. or phrases might be declared to be Land Use Densities. unconstitutional or invalid. 5) The 8)Submit an affidavit agreeing all g g to proposed number of new residents pervious triggers and commitments, will be adequately served by the • • • as determined by prior applications social amenities,such as schools • • and actions required by the Board and parks of the community. * of County Commissioners. 6) The proposed amendment NOTICE Renumber current subparagraphs has demonstrated that adequate 5,6,and 7,accordingly. . services are currently available or - PURSUANT to the Weld County reasonably obtainable. Home Rule Charter,Ordinance a new subparagraph 8(to Number 2008-5 published above, be renumbered as paragraph 9)as : 7)Referral agency responses have was introduced and,on motion duly follows: been received and considered. made and seconded,approved up 8.In the case of any amendment Renumber subparagraphs 10 and publicA on first reading hearingg and second read— to the Southeast Weld Mixed Use 11 to become 12 and 13. ing is scheduled to be held in the Development Area 2.1 Land Use Chambers of the Board,First Floor Map: Insert a new subparagraph 11.d(to Hearing Room,915 10th Street, be renumbered as paragraph 13.d) Greeley,Colorado 80631,on June a. as follows: 9,2008. All persons in any manner The proposed amendment inclusion • d.ln the case of any amendment interested in the reading of said into the Southeast Weld Mixed Use to the Southeast Weld Mixed Use Ordinance are requested to attend Development Area 2.1 Land Use Development Area 2.1 Land Use and may be heard. Map or modification to the existing Map: land use classification as outlined Please contact the Clerk to the on the Southeast Weld Mixed Use 1) Board's office at phone(970) Development Area 2.1 Land Use The proposed amendment inclusion 336-7215,Extension 4225,or fax ! Map has one-sixth(1/6)contiguity into the Southeast Weld Mixed Use (970)352-0242,prior to the day with the existing Southeast Weld Development Area 2.1 Land Use of the hearing if,as the result of a Mixed Use Development Area 2.1 Map,or modification to the existing disability,you require reasonable , Land Use Map. land use classification as outlined accommodations in order to partici- on the Southeast Weld Mixed Use pate in this hearing. b. The Development Area 2.1 Land Use proposed amendment will address Map,has one-sixth(1/6)contiguity Any backup material,exhibits or the impact on existing or planned with the existing Southeast Weld information previously submitted to service capabilities including,but Mixed Use Development Area 2.1 the Board of County Commission- not limited to,at utilities,infrastruc- Land Use Map. ers concerning this matter may be ture,stormwater infrastructure,and examined in the office of the Clerk transportation systems. 2) The to the Board of County Commis- proposed amendment will address sioners,located in the Weld County c. The proposed the impact on existing or planned Centennial Center,Third Floor,915 amendment will address impacts on service capabilities including,but 10th Street,Greeley,Colorado, the natural environment. not limited to,all utilities,infrastruc- ' between the hours of 8:00 a.m.and ture,stormwater infrastructure,and 5:00 p.m.,Monday thru Friday,or d. The proposed land use transportation systems. may be accessed through the Weld is compatible with the existing and County Web Page(www.co.weld. surrounding land uses. 3) The proposed co.us). E-Mail messages sent to amendment will address impacts on an individual Commissioner may e. The the natural environment. not be included in the case file. To proposed number of new residents i ensure inclusion of your E-Mail will be adequately served by the 4) The proposed land use correspondence into the case file, social amenities,such as schools is compatible with the existing and please send a copy to egesick@ and parks of the community. surrounding land uses. co.weld.co.us. f. The proposed amendment ' 5) The SECOND READING:June 9,2008, has demonstrated that adequate proposed number of new residents at 9:00 a.m. services are currently available or will be adequately served by the THIRD READING:June 30,2008. reasonably obtainable. social amenities,such as schools at 9:00 a.m. and parks of the community. g.Referral agency responses have BOARD OF COUNTY COMMIS- been received and considered. 6) The proposed amendment SIONERS has demonstrated that adequate WELD COUNTY,COLORADO Renumber current subparagraphs 8 services are currently available or and 9 to become 10 and 11. , reasonably obtainable. DATED:May 23,2008 PUBLISHED:May 28,2008,in the Add Sec.22-1-150.B.9.d(to be 7)Referral agency responses have Fort Lupton Press renumbered as paragraph 11.d)as been received and considered. NOTICE The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on May 19, 2008, in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to certain sections of the Weld County Code, as currently amended. Second and third reading of said Ordinance will be considered on June 9, and June 30, 2008. All persons in any manner interested are requested to attend said hearing and may be heard. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 356-4000, Extension 4225, prior to the day of the hearing. Copies of the proposed amendment may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. DOCKET NO. 2008-39 APPLICANT: County of Weld REQUEST: Code Ordinance #2008-5, In the Matter of Repealing and Re-enacting, with Amendments, Chapter 22 Comprehensive Plan, of the Weld County Code BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 2, 2008 PUBLISHED: May 7, 2008, in the Fort Lupton Press 2008-1504 PROOF OF PUBLICATION NOTICE FORT LUPTON The Board of County TE OF COLORADO Commissioners p Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on May 19, UNTY OF WELD SS. 2008. in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, First Floor, Greeley,Colorado,for the purpose of considering amendments to certain I, Karen Lambert, do solemnly swear that I County Code, sections as e the Weld currently amended. Second and third am the Publisher of the Fort Lupton Press; reading of said Ordinance will be considered on June 9, and June that the same is a weekly newspaper printed 30, 2008. All persons in any and published in the County of Weld, State maanenr interested said are requested to attend and uemay be heard. of Colorado, and has a general circulation If a court reporter is desired, please advise the Clerk to the therein; that said newspaper has been Board,in writing,at least five days prior of the hearing. The cost of published continuously and uninterruptedly engaging a court reporter shall be borne by the requesting party. In in said county of Weld for a period of more accordance with the Americans with with Disabilities Act, if special than fifty-two consecutive weeks prior to the accommodations are required in order for you to participate in this first publication of the annexed legal notice hearing, please contact the Clerk to the Board's Office at(970)356- or advertisement; that said newspaper has 4000,Extension 4225,prior to the day of the hearing. been admitted to the United States mails as Copies of the proposed amendment may be examined in second-class matter under the provisions of the office of the Clerk to the Board the act of March 3, 1879, or any in the theory Weld County Commissioners,located ofCentennial Center, 915 10th Street, Third amendments thereof, and that said Floor,Greeley, Colorado, Monday newspaper is a weekly newspaper duly through 5:00 qualified for publishing legal notices and DOCKET NO.2008-39 advertisements within the meaning of the APPLICANT:County of Weld laws of the State of Colorado. That the REQUEST: Code Ordinance #2008-5, In the Matter of axed legal notice or advertisement was Repealing and Re-enacting, with Amendments, Chapter 22 fished in the regular and entire issue of Comprehensive Plan, of the Weld County Code every number of said weekly newspaper for BOARD OF COUNTY the period of 1 consecutive insertion(s); and COMMISSIONERS WELD COUNTY,COLORADO that the first publication of said notice was in DATED:May 2,2008 the issue of newspaper, dated 7th day of PUBLISHED:May 7,2008,in the May, 2008, and the last on the 7th day of Port Lupton Press May, 2008. Publisher. Subscribed and sworn b 001 LOPFc, 7th day of May, 2008. rb NOTARY • o-o-0- S. 4 PUBLIC' Q o t.)� `b(_ �L.c� 4OFpOL�P`�b� eV` Notary Public. CASE NO.401951 key 51285 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, April 15. 2008, at 1:30 pm. for the purpose of considering a Weld County Comprehensive Plan Amendment to create an Amendment Procedure for the Southeast Weld Mixed Use Development Area Structural Plan,Map 2.1 Structural Land Use Plan for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER:2008-XX APPLICANT:Pioneer Communities Inc 8 HP Farms LLC PLANNERS:Michelle Martin/Jacqueline Hatch, LEGAL DESCRIPTION:Part of Sections 4,5.7,8,9.17 and 18,T2N.R64W of the 6'"P.M.:and Section 32.T3N,R64W of the of the 6th P.M.;and Sections 2,11, 12,13,14 and 15,T2N,R65W of the 6'" P.M.,Weld County,Colorado, TYPE AND INTENSITY OF PROPOSED USE:Weld County Comprehensive Plan Amendment to create an Amendment Procedure for the Southeast Weld Mixed Use Development Area Structural Plan. Map 2.1 Structural Land Use Plan. LOCATION:In the vicinity of CR 22 and CR 49. SIZE: 6687 acres,more or less. The public hearing will be held in the Hearing Room, Weld County Planning Department.4209 CR 24.5, Longmont. Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning,4209 CR 24.5, Longmont,Colorado 80504, before the above date or presented at the public hearing on April 15,2008. Copies of the application are available for public inspection in the Department of Planning Services, 4209 CR 24.5, Longmont,CO 80504.Please call Donita May at(720)652-4210,Ext.8730,or Fax #(720)652-4211,prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at(720)652-4210,ext. 8730, for hearing continuance information. Doug Ochsner,Chair Weld County Planning Commission To be published in the Fort Lupton Press. To be published one(1)time by March 25,2008 E-MAILEDJFAXED 03.03 .08 (An. a EXHIBIT PROOF OF PUBLICATION NOTICE OF PUBLIC HEARING FORT LUPTON The Weld County Planning Commission will hold a public STATE OF COLORADO hearing on Tuesday,frApril 15, 2008,f at deri p.m.for d purpose ount of considering a Weld County COUNTY OF WELD SS. Comprehensive Plan Amendment to create an Amendment Procedure for the Southeast Weld Mixed Use Development Area Structural Plan,Map 2.1 Structural Land Use Plan for the property described I, Karen Lambert, do solemnly swear that I ruestbelow. Approval may creaof the t request a vested am the Publisher of the Fort Lupton Press; properly right pursuant to Colorado Law. NUMBER that the same is a weekly newspaper printed CASE 2008-XX APPLICANT: Pioneer Communities and published in the County of Weld, State PLANNERS: lncB HP FarMsLLD Michelle Martin/Jacqueline Hatch. of Colorado, and has a general circulation LEGAL DESCRIPTION: Part of and 7,e,5 17 Sections 4, , 18, therein; that said newspaper has been T2N, R64W 6t the 6th P.M.: and Section 32, T3N, R64W of the of published continuously and uninterruptedly the 6th P.M.; and Sections 2, 11, 12, 13, 14 and 15,T2N, R65W of in said county of Weld for a period of more the 6th P.M. , Weld County, Colorado. than fifty-two consecutive weeks prior to the TYPE AND INTENSITY OF Y PROPOSED USE: Weld County first publication of the annexed legal notice Comprehensive Plan Amendment to create an Amendment or advertisement; that said newspaper has Procedure for the Southeast Weld been admitted to the United States mails as Mixed Dee Development Area Structural Plan,Map 2.1 Structural Land Use Plan. second-class matter under the provisions of LOCATION: In the vicinity of CR and CR 49. 22 the act of March 3, 1879, or any SIZE: acres,more or less. The public hearing will be held in amendments thereof, and that said the Hearing Room, Weld County Planning Department, 4209 CR newspaper is a weekly newspaper duly 24.5, Longmont, Colorado. Comments or objections related to qualified for publishing legal notices and the above request should be submitted in writing to the Weld advertisements within the meaning of the County Department of Planning, 4209 CR 24.5, Longmont, laws of the State of Colorado. That the Colorado 80504,before the above date or presented at the public annexed legal notice or advertisement was hearing on April 15,2008. Copies of the application are published in the regular and entire issue of available for public inspection in the Department of Planning every number of said weekly newspaper for Services, 4209 CR 24.5, Longmont, CO 80504. Please call the period of 1 consecutive insertion(s); and Donita May at (720) 652.4210, Ext. 8730, or Fax # (720) 652- that the first publication of said notice was in 4211, prior to the day of the hearing so that reasonable the issue of newspaper, dated 26th day of accommodations can be made if, in accordance with the Americans March, 2008, and the last on the 26th day of with Disabilities Act, you require March, 2008. special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance,due to lack of quorum or otherwise. Contact the Department of Planning Services at (720) 652-4210, ext. 8730, for hearing continuance information. Doug Ochsner,Chair Weld County Planning Commission To be published in the Fort Lupton Press. To be published one (1) time by March 26,2008. \��\/, Publisher. Subscribed and sworn b o "LOP 24th day of March, 2008. w ‘4rTARY 1 N -�'� o ��f (� S-y Pu81�� QPs� �� �� LL-U 4.;,...4. op *0 064A Notary Public. CASE NO.401951 key 50482 • • COLORADO Press Release FOR IMMEDIATE RELEASE The Weld County Planning Commission will hear a request on Tuesday, April 15, 2008, for the purpose of considering a Weld County Comprehensive Plan Amendment to create an Amendment Procedure for the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Plan for the property described below: CASE NUMBER: 2008-XX APPLICANT: Pioneer Communities Inc & HP Farms LLC PLANNER: Michelle Martin LEGAL DESCRIPTION: Part of Sections 4, 5, 7, 8, 9, 17 and 18, T2N, R64W of the 6th P.M.; and Section 32, T3N, R64W of the of the 6th P.M.; and Sections 2, 11, 12, 13, 14 and 15, T2N, R65W of the 6`" P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Weld County Comprehensive Plan Amendment to create an Amendment Procedure for the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Plan. LOCATION: In the vicinity of CR 22 and CR 49. SIZE: 5687 acres, more or less. The public hearing will take place on Tuesday, April 15, 2008, at 1:30 p.m. at the Southwest Weld County Office located east of Interstate-25 off Exit 240 (Firestone) at 4209 County Road 24.5. Additional information is available by calling Weld County Planning Services at (970) 353-6100, extension 3540, Brad Mueller, Planner or Michelle Martin, extension 8730. SERVICE,TEAMWORK,INTEGRITY,QUALITY FAX TRANSMISSION Southwest Weld County Department of Planning Services WAADC 4209 CR 24.5, Longmont, CO 80504 Q Fax: 720-652-4211 COLORADO Phone 720-652-4210, ext 8730 To: BTS e -pl,t N�,0mA t✓lack Date: 0 Z. ZS- OS Fax: 2O3V Pages: z a°3 " l,�G • Za OI Phone: Fro in: bOU-01 Subject: COMMENTS: T(Q�S \A€GZS€i CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that issriviteRe,d confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivenng the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U S. Postal Service Thank you. FAX TRANSMISSION Southwest Weld County Department of Planning Services WLIDc 4209 CR 24.5, Longmont, CO 80504 O Fax' 720-652-4211 Phone 720-652-4210, ext 8730 COIARADO Tc : Cep-rat Wad Uoret Date: DZ • ZS '05 Fax: Rio . 35Io. 717 to Pages: Z Phone: From: 1---25O1AA: Subject: COMMENTS: �{ tesS feleD-&t- CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that isprivileged confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this conununication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service. Thank you. • • FAX TRANSMISSION Southwest Weld County Department of Planning Services C 4209 CR 24.5, Longmont, CO 80504 O Fax: 720-652-4211 Phone 720-652-4210, ext 8730 COLORADO To: CandataAaltAn Date: O2• ZS,De Fax: qr10 . 22.14- . 78gq Pages: Z Phone: From: IJ0I. ik Subject: COMMENTS: ifr)a5S Tel2Vtb- CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that isprivileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify, us immediately by telephone and return the original message to us at the above address via the U.S Postal Service Thank you. • • FAX TILANsMISSION Southwest Weld County Department of Planning Services W IiB O 4209 CR 24.5, Longmont, CO 80504 Fax: 720-652-4211 COLORADO Phone: 720-652-4210. ext 8730 To: f-ut VVeu-) Date: uz.zc.t78 Fax: 3m. (ololo• tvlaDz Pages: Z Phone: From: -Daub Subject: COMMENTS: y elease, CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain infommation that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FAX TRANSMISSION Southwest Weld County ( Department of Planning Services W c I`D 4209 CR 24.5, Longmont, CO 80504 O Fax' 720-652-4211 Phone: 720-652-4210, ext 8730 COLORADO To: Ct • RC& Date: QC • ZS .Ob Fax: (rib, vale. Sloe- Pages: 1- Phone: From: ••y� Subject: • COMMENTS: -4 r!'ess CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this conununication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service Thank you. • • FAX TRANSMISSION Southwest Weld County ((( Department of Planning Services Wi`Dc 4209 CR 24.5, Longmont, CO 80504 Fax 720-652-4211 Phone• 720-652-4210, ext 8730 COLORADO To: . O0C0SA :— 1) Date: 07-z • 06 Fax: 410 . ` O7. 14Li-b Pages: z Phone: From: TaAkikA Subject: COMMENTS CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service Thank you. FAX TRANSMISSION Southwest Weld County ( Department of Planning Services C4209 CR 24.5, Longmont, CO 80504 O Fax: 720-652-4211 COLORADO Phone: 720-652-4210, ext 8730 Td: Celee,teu jr� buAL., Date: 0Z- ZS,vg Fax: C{ 10 --LjStD • Si SO Pages: 1 Phone: From: Subject: COMMENTS: xesb {e east CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service. Thank you. FAX TRANSMISSION Southwest Weld County Department of Planning Services Wi`D c 4209 CR 24.5, Longmont, CO 80504 O Fax' 720-652-4211 Phone: 720-652-4210, ext 8730 COLORADO To: a-CAWS .)1 _ ce. Date: Q . ZS.Ob Fax: Cc • ti . Z Pages: Z Phone: From: Toul A.4,� Subject: COMMENTS: <pS� least CONFIDENTL&L This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is nivileged confidential and exempt from disclosure under applicable law- if the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited- If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FAX TRANSMISSION Southwest Weld County Department of Planning Services W I D c 4209 CR 24.5, Longmont, CO 80504 0 Fax: 720-652-4211 COLORADO Phone 720-652-4210, ext 8730 To: LO o C Date: 0Z•ZS'O(J Fax: 1jO7jv10� 8 . 8(065 Pages: Phone: From: -rap Subject: COMMENTS: --20253 re6 e 5'e> CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that isprivileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this comtnunication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service Thank you. • • FAX TRANSMISSION rtt � Southwest Weld County Department of Planning Services imp O 4209 CR 24.5, Longmont, CO 80504 Fax: 720-652-4211 COLORADO Phone: 720-652-4210, ext 8730 To: DUQl A 4 1).46L 2tv caApx Date: oa • ZE •Ge Fax: C110 • th(01 • 111 1 Pages: Z Phone: From: Subject: ���� COMMENTS: c ttea.Ste. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable taw. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivenng the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U S Postal Service Thank you. FAX TRANSMISSION 4,6f P Southwest Weld County Department of Planning Services W I D�O 4209 CR 24.5, Longmont, CO 80504 Fax 720-652-4211 Phone 720-652-4210, ext 8730 COLORADO To: IQ() %nn --11n.0entotl Date: OZ• ZS •08 Fax: SexAM Pages: 1 Phone: 1)D3 • (-4zto . 4-7.04 From: \ZS0lna)\'A Subject: COMMENTS: (PSec�SE CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U S. Postal Service. Thank you. • FAX TRANSMISSION 4Kto(it: Southwest Weld County Department of Planning Services Wc 4209 CR 24.5, Longmont, CO 80504 O Fax: 720-652-4211 Phone. 720-652-4210, ext 8730 COLORADO To: SDLa1& CO-"a &A'n Date: OZ. FS.OS Fax: 3Oo •732• Lr703g Pages: Z Phone: From: c�_ �a _ Subject: COMMENTS: • Pf95s cOfaSe. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U S. Postal Service Thank you. • • FAX TRANSMISSION 6(tii;0) Southwest Weld County Department of Planning Services WilD C 4209 CR 24.5, Longmont, CO 80504 Fax 720-652-4211 Phone: 720-652-4210, ext 8730 COLORADO To: WitAa of aCiOn Date: 07 - ZS ,08 Fax: ,(O?)(O . a(041 Pages: 7. Phone: From: ""oput ika Subject: COMMENTS: v@\t&W - CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service Thank you. Hello