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WELD COUNTY
CODE ORDINANCE 2007-17
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 27
PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld , State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1 , enacting a comprehensive Code for the County of Weld , including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption , and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein .
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld , State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted , with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 27
PLANNED UNIT DEVELOPMENT
ARTICLE V
PUD Change of Zone:
Step Two
Amend Sec. 27-5-30. Requirements for submittal.
The following items are required for submittal of the PUD change of zone:
A and B - No change.
C. An a-ficavit fisting -ne names anc accresses of a minera owners anc essees o&
minera owners on or uncer the parce of anc being consicerec . Tie ist sna be
preparec from tie rea property recorcs by a person cua ifiec to co tie tas , anc
sna be current as of a cate no more tian tnirty (30) cays prior to tie cate tie
app 'cation is submittec to tie Department of P anning Services. -The written
certification required by Section 24-65. 5-103.3, C. R.S. , if applicable. 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 .
2007-3690
PAGE 1 ORD2007-17
ARTICLE VI
Development Guide Requirements
Amend Sec. 27-6-120. Review procedure for change of zone.
A - No change.
B. Duties of the Department of Planning Services. The Department of Planning
Services shall be responsible for processing all applications for a change of zone
to a PUD Zone District. The Department shall have the responsibility to ensure that
all application procedures and requirements are met prior to any official action .
Once a complete application is submitted in compliance with Section 27-5-30 of this
Chapter, the Planner shall :
1 through 3 - No change.
4. Give notice for the proposed change of zone and the public hearing date to
those persons listed in the application as owners of property located within
five hundred (500) feet of the parcel under consideration , and owners and
Such notification shall be mailed , first class, not less than fifteen ( 15) days
before the scheduled public hearing . Such notice is not required by state
statute and is provided as a courtesy to the owners and lessees of the
mineral estate on or under the parcel. Inadvertent errors by the applicant in
supplying such list or the Board of County Commissioners in sending such
notice shall not create a jurisdictional defect in the hearing process even if
such error results in the failure of a surrounding property owners and
lessees of mineral estates to receive such notification. Notice shall include
a legal description of the property being considered for off-site dedication for
a public purpose. If the cash-in-lieu option is selected , the public notice shall
also include a statement to that effect.
5 through 6 - No change.
C - No change.
D. Duties of the Board of County Commissioners. After receipt of the Planning
Commission's recommendation , the Board of County Commissioners shall :
1 through 3 - No change.
4. Give notice of the proposed change of zone and the public hearing date to
those persons listed in the application as owners of property located within
five hundred (500) feet of the parcel under consideration, and owners and
essees of tie minera estate on or uncer tie parce under consideration.
Such notification shall be mailed , first class, not less than fifteen ( 15) days
before the scheduled public hearing . Such notice is not required by state
statute and is provided as a courtesy to the owners and lessees of the
mineral estate on or under the parcel. Inadvertent errors by the applicant
in supplying such list or the Board of County Commissioners in sending
such notice shall not create a jurisdictional defect in the hearing process,
2007-3690
PAGE 2 ORD2007-17
even if such error results in the failure of a surrounding property owner or
owners and lessees of mineral estates to receive such notification.
ARTICLE VII
PUD Final Plan:
Step Three
Amend Sec. 27-7-30. Requirements for submittal.
The following completed information is required for the final plan. The Director of Planning
Services has the discretion to waive information not deemed necessary by the Department of
Planning Services.
A through L - No change.
M . An affidavit listing the nam - =
shall be current as of a date no more than thirty (30) days prior to the date the
.The written
certification required by Section 24-65.5-103. 3, C. R.S. , if applicable. 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.
Remainder of Section - No change.
Amend Sec. 27-7-40. Review procedure for final plan.
A - No change.
B. Duties of the Department of Planning Services.
1 through 2 - No change.
3. In the event that the Department of Planning Services determines that the
final plan submittal is not consistent with the previous sketch plan and
change of zone submittals, and/or a conceptual development guide was
submitted for the change of zone application, the Planner shall :
a through c - No change.
d . Give notice for the proposed final plan and the public hearing date
to those persons listed in the application as owners of property
located within five hundred (500) feet of the parcel under
consideration, and owners and lessees of the mineral estate on or
under the parcel under consideration. Such notification shall be
mailed, first class, not less than fifteen ( 15) days before the
scheduled public hearing . Such notice is not required by state
statute and is provided as a courtesy to the owners and lessees of
the mineral estate on or under the parcel. Inadvertent errors by the
applicant in supplying such list or the Board of County
2007-3690
PAGE 3 ORD2007-17
Commissioners in sending such notice shall not create a
jurisdictional defect in the hearing process, even if such error results
in the failure of a surrounding property owner or owners and lessees
of mineral estates to receive such notification.
Remainder of Section - No change.
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 2007-17 was, on motion duly made and
seconded , adopted by the following vote on the 21st day of January, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long , Chair
Weld County Clerk to the Board
William H . Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Douglas Rademacher
2007-3690
PAGE 4 ORD2007-17
Publication: November 21 , 2007
First Reading : December 10, 2007
Publication: December 19, 2007, in the Fort Lupton Press
Second Reading : January 2, 2008
Publication: January 9, 2008, in the Fort Lupton Press
Final Reading : January 21 , 2008
Publication: January 30, 2008, in the Fort Lupton Press
Effective: February 4, 2008
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PAGE 5 ORD2007-17
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