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RE: ADOPTION Of AMENDMENTS TO THE WELD COUNTY ZONING RESOLUTION.
a WHEREAS, the Board of County Commissioners of Weld County,
• Colorado, pursuant to Colorado statute and the Weld County Bose °
Rule Charter, is vested with the authority of administering the
• affairs of Weld County, Colorado, and
• WHEREAS, the Board of County Commissioners of Weld County,
Colorado held a public hearing on the 9th day of January, 1980
o at the hour of 2:00 o'clock p.m. in the Chambers of the 80ard
n
of County Commissioners for the purpose of considering the odor
53 tion of amendments to the Weld County Zoning Resolution, and
WHEREAS, the proposal presented to the Board of County Con-
missionere is for the consideration of amendments to the Weld
County Zoning Resolution which will clarify the duties and re-
. ,� sponsibilities of the applicant, the Department of Planning
Services, the Planning Commission, and the Board of County Com-
missioners in actions concerning amendments to the Nip of the
Zoning Resolution including notification to owners and lessees
of the mineral estate, and
WHEREAS, • copy of said amendments is attached hereto and •
p, incorporated herein by reference, and •
WHEREAS, the Board of County Commissioners of Wild Carty, •
Colorado heard all the teetisony and statements) Of those present,
has studied the proposed ameeesenta to the Weld Cbeety Nosing
Resolution, and all of the exhibits and evidence presented in
this matter, and having been fully informed, is satisfied that
.. he proposed amendeamts to the Weld Cbmty Zoning Nsselutiea
,� are in order, and deems it advisable to adept the same.
mom, TMEREPONE, Si if twS06WID by the Board of Coe:ty Cim-
missioners of Weld County, Colorado that the msndseate to the
Weld Comity Sowing Neeeletids as preemtd, a ropy of which is -
attached hereto, be, and Laney are, adopted.
I
800752
� W�, l• PLDl41
892
tei
The above and foregoing Resolution use, on option duly node
and seconded, adopted by the following vote on the tlt day of
January, A.D., 1lf0.
WARD OP COURTS COMPOSSIONERS
WILD COURTS, COLORIIDo
z. ear (Ar)
ag Leonard L.L. Roe (Aye)
=ram ands.
Lrp�= " oa..L (Aye)%ffilaAmur, affi ra s.d Juno R. s St Hutto
Meld County Clerk and snort:
au4 Clerk to tin
a►
y n S
AS TO TOON,
a My• iRdOl /RNRR1__ - 1 141 IIN
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•
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• � Ci xraJ no D 4 ' geeeected / -3
• P.TrtovAL forno,
�• S CT ON VIII Repealed and Rentored•S/23/79
�e
80 Anendmentvto the oning Resolution '
•
81 Amendments to the Nap of the Zoning Resolution'
•
The Board of County Commissioners may amend the official
zoning rap of Weld County. All requests for such changes
of zone must be reviewed by the•Weld Counts' Planning Con-
mission whose recommendation shall be sent to and consider •
-
•
ed by the Board of County Commissioners. Such amendments
shall be made in compliance with Colorado Statutes and •
with County procedures and regulations as established
herein.
• 81.1 In addition to the Board of County Commissioners, only
the Weld County Planning Commission or the fee- owner of a •
property, or a person with legal interest in i property
in the unincorporated area of Weld County may request •
amendment of the official zoning map of Weld County (a
. change of zone) for said property.
•
•
81.2 Any person filing an application for a change of zone is
required to comply with county procedures and`regulations
• as stated herein. PaovLded, honevea, that when the County
desLaea to undeatahe a cospaehenalve aezoning, to eaeate
and apply new zoning dtateicta, Olt to change the delimitloma
of the vaaloua rooting dLatnicta•the only public notLee
aequlaewent shalt be publication in the newapapea designated
by the lowed e( County Coen4aai (oa 'publication o{
•
• tegaL notices_
•
• 81.3 Applications for a change of sone shall be completed as
set forth in Section-81.7, "Application Requirements."
. The completed application and application fees shall be ,
submitted to the Department of Planning Services. •
•
81.4 Duties of the Department of Planing Services
•
81.4.1 The Weld County Department of Planning
Aggvices shall be responsible for processing
• all applications for changes of nine in the •
• •
unincorporated areas of Weld County. The
_
Department shall also have the responsi-
bility of ensuring that all application •
submittal requirements are met prior to
initiating any official action as listed
below.
81.4.2 Upon deterrination that the application
submittal is complete, the Director of the
Department of Planning Services or the
Director's authorised representative shells
81.4.2.1 Set a Planning Commission hearing date net '
less then forty five (45) &Ms nor more
than sixty (60) days after tbe complete , ,
application bee been submitted. •
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81.4.2.2 Arrange for legal notice of said hearing •
to be published once in the newspaper designated by the Board of County
Commissioners for publication of notices.At the discretion of the Boerd 'of County• Commissioners, a second notice may be•
published in a newspaper 'which is published in the area in which the rezoning is
•
proposed. Failure to publish the second
• notice shall not create a jurisdictional •
defect
-
ofppublicationh shall gbe ata least�fifteehe n •
(15) days prior to 'the hearing.
•
8l.4.3.3 Notify owners) of property (the Tut(ace •
estate) within five hundred (500) feet .of •
the.change parcel
under consideration
zone and of the publ of
• icbearing date•
inh6oama e u
tionwill be the application a p
4oe
change of zone submitted by the applicant. •
•
Such notification shall be mailed, first
class, not less than fifteen (35) days before
the scheduled hearing..
•
zt.d.f.a Notify omnexa and leaeets of the )intact estate on oa uncle* the subject peopeaty of the peopoaed " •
• change o6 zone and public heating date. The ___Depaatment a aonaee Cl the oaneaggahip informationwill •
• submittedAby�arthe applicalication nt. tSuchenotl(lcatlon aha11' be matted, fitat class,.no't Less than ., •
iafteen (IS) days before the scheduled heating.
•
81.4.2.5 Post a sign on the
rezoning propunerty
cosh
be posted at least fifteen (15) day! before •
the hearing date. This sign shell show
55 the following information'
r .
81.4.2 f/1 Rezoning request number , ,_ .../.. „ . :
81.4.2.{2 Existing zone district and requested zone•
!, district.
si
81.4.2.7x.3 Dare and place of Planning 0u/migiion
! Locatihearing.
81.4.2.k.4 - -•
on and phone number of the public
office where additional information say ; '
be obtained. )
•
81.4.2., Refer the application to the following
agencies, when applicable, for their review
and comment. The agencies named shall
respond the mailinghof tn henappiea[ion days after
The failure of any agency to respond pde iCthnty .'
twenty-one (21) days may within
favorable response y deemed Planning o mbei a
The reviews and c to the ed by aeeldfon.
comments solicited Yeld
County are intended to provide the County with
information about the proposed change of
zone. The Planning Commission and Board of
••
•
70 s
•
•
• , go*(892 1814;57
County Commissioners miy consider. all
such reviews and comments and may solicit
additional information if such' information
• is deemed necessary. The reviews and
comments submitted by a referral agency are
• recommendations to the County. The ▪ _ _
authority and responsibility for making the'
• decision to approve or deny the request for • .
. I change of zone rests with the Officials of
Weld County.
0
81.4.2.811 The Planning Commission or Governing Body '
of any town and/or county whose boundaries
• are within a three (3) mile radius of the
parcel under consideration for a change of
zone.
41.4.28•.2 `The Planning Commission or Governing Body
of an city or town that has included •the
Up parcel in its master planning area:
81.4.2.b.3 Weld County Department of'Health Services.
6
81.4.2.5.4 Weld County Department of Engineering -
Services to check the legal description of
the parcel(s) and review of other engineering '
• aspects of the proposal.
- 81.4.2.b.5 Colorado Department of Health.
•
. 81.4,2 1.6 . Colorado Geological Survey. ,
81.4.2.3.1 Colorado Historical Society.
•
'. 81.4.2.18 Colorado State Department of Highways. '
• 81.4.2.4%9 • Colorado Water Conservation Board.
- •81.4.2.1.10 U. S. Army Corps of Engineers. •
s • 81.4.2.8b:11 U. S. Soil Conservation Service.
81.4.2.1.12 U. S. Forest Service.. .
. 0 r
• y. • 81.4.23.13 U. S. Bureau of Land Management.
• ;
- �. 81.4.2..14 f` c. (_) of ...iaaral fleas located on •-• .
Ill a r �FyttrsL sccafd with '[Lt Wcld +
County Ancestor', Office. _ '
I _
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BpOK 892 1814257
- ._ 81.4.21.15 Any irrigation ditch company with •
facilities on or adjacent to the.parcel '
bb under consideration. •
81.4.2.b.16 Any other agencies or individuals whose
review the Director of Planning.Services, •
the Director's authorized representative,
the Planning Commission, br the Board of •
. County Commissioners deems necessary.
1
81.4.2.6 Prepare staff comments for use by' the
-
Planning Commission addressing all aspects
of the application, its conformance with •
the Weld County Comprehensive Plan, adopted
• master plans of affected municipalities;.
sound land use planning.practices,-mak .
coi;ments .received from agencies to which ' '
the proposal was referred, and standards •
• contained in this resolution.
81.4.2) Submit to the Board of County Commissioners .
for adoption, on an annual basis, an up- •
dated copy.of the Official Weld County .
Zoning Map which includes the rezoning I
• approvals made since the last adoption of
the map.
• - 81.4.2re Submit to the Weld County Clerk and Recorder,.
• for zecording,. all changes of zone and the •
' dates of such actions• on a copy of the • U
• official Weld County.Zoning Map on at annual" • . 4.
. -- • basis. -
81.4.3 Additional duties of the Department of •
•
Planning Services when the request for a •
change of zone is initiated by the Board of
County Commissioners or the County Planning
Commission. . •
81.4.3.1 Notify the 4aaiact estate owner(s).of the '
•
,. propertyties) Laveived-se subject to. the
change of zone action. _
81.5 Duties of the Planning Commission
•
81.5.1 The Planning Commission shall 'hold a "
hearing to consider' the application for
the change of zone. The public hearing "'
aally one or involve
include the
the 'review of e concurrent t•
72
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e 892 ( 181257 4-.1 •
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applications under Weld County's •
regulations concerning Floodplains, •
Geologic Hazards or subdivisions: The ,r
. Commission shall provide recommendations -
. to the Board of County Commissioners .j
concerning the disposition of the requested
• change. Prior to approving a' propposed
change of zone, the Planning-Commission •.
shall determine from the facts presented at •, •
1.
• ' the Public Hearings .
i
81.5.1.1 That the proposal is consistent with the
Weld County Comprehensive Plan; if not, then
• that the zoning of the property under con-
sideration is faulty, 'or that changing
conditions in the area warrant •a •change 'of I .
zone; •
81.5.1.2 That the uses which would be allowed on the.
subject property by granting the change of
zone will be compatible with the surrounding •
land uses;
81.5.1.3 That adequate water and sewer service can be i
•
made available to the site to serve the
uses permitted within the proposed zone
district; :I "—
81.5.1.4 That road and highway facilities providing ' •.
1;.
. access to the properties) are adequate in l
size to meet the requirements of•the proposed
zone district. In the event that the road
and highway facilities are 'not properly sized '
and are planned to be properly sized in the
w • future, in conformance with the Weld County
Thoroughfare Plan or in conformance.with the Ij
• adopted master plan(*) of affected munici-
• polities, the applicant may either'wait to
secure the rezoning until the improvements
• are made by the appropriate unit of
• • government or the applicant may express - -
. a willingness to upgrade the road and highway
facilities at his own expense in order to _
ensure approval of the requested change,of
zone. In the latter event, it will be -
• •necessary for the applicant to either A.
construct the necessary improvements before
.
73
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18142 4"/
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the building permits are issued; or •• i o
submit suitable performance guarantees
to Weld County to ensure construction of • .
t '
the required road and hi• ghway facility •
improvements •
: "
81.5.1.5 That, in those instances where the -
following characteristics are applicable
to the rezoning request, the 'applicant
• has demonstrated compliance with the
• • applicable standards:
81.5.1.5.1 If the proposed change of zone it
located within a Flood Hazard.Area ident-
ified by maps officially adopted by Weld
County, that the applicant had demon- •
strated- compliance with the Weld County 1
Supplementary Regulations Concerning •
Floodplains. Compliance may be demon-. • I
strated in a previous public hearing or i -
in the hearing concerning-the rezoning
application. •
•
81.5.1.5.2 If the proposed change of zone is located
within a Geologic Hazard Area identified
by maps officially adopted by Weld County,
that the applicant has demonstrated coot-
pliance with the Weld County Supplementary
Regulations Concerning Geologic Hazards..
Compliance may be demonstrated in a previous.
• public hearing or-in the hearing concerning
the rezoning application.
81.5.1.5.3 That the proposed rezoning will not permit i
the use of any area known to contain a c _
commercial mineral deposit in a manner which)
would interfere with the present or future ,
extraction of such deposit by an extractor
to any recta extent time emit* the'pxutet -
zoning of the paopeatp, •
• 81.5.1.5.4 If soil conditions on the site are such that •
they present moderate or severe limitations -
•
• to the construction of structures or
facilities proposed for the site. thi • '
applicant has demonstrated that such limitations
• can be overcome and that the limitations will
be addressed by the applicant, the applicant's ,
successors or assigns prior to the development -• •
• of the property.
i
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81.5.2 The Secretary of the Planning Commission '
shall forward the official recommendation •
of the Planning Commission to the'Board
•
• of County Commissioners within
ten (10) days after said recommendation
has been made. __
- - 81.5.3 If the Planning Commission recommendation
- is conditional upon the applicant completing
• certain specified items prior to the
publication of the notice for the hearing
by the Board of County Commissioners, then
the ten (10) day period shall commence upon •
submission of the items by the applicant
to the Director of the Department of Planning
Services or to the Director's authorized
representative.
- 81.6 Duties of the Office of the Board of County Commissioners
81.6.1 Upon receipt of the Planning Commission
recommendation, the Office of the Board of ' •
County Commissioners shall:
81.6.1.1 Set a Board of County Commissioners' public
. hearing to take place not less than thirty
(30) days and not more than sixty (60) days '
• after receipt of the Planning Commission. •
' . recommendatiop, for consideration of the
proposed change of zone.
81.6.1.2 Arrange for legal notice of said hearing to
be published once in the newspaper designated
by the Board of County Commissioners for ,
publication of notices. At the discretion
of the Board of County Commissioners. a
second notice may be published in a newspaper •
which is published in the area in which the '
• rezoning is proposed. The failure to publish
the second notice shall not create a • -
jurisdictional defect in the hearing process.
The date of publication shall be. at least _
' thirty (30) days prior to the hearing.
11.6.1.3 Annange fon the Departwent of Planning Senviees
to post a sign on the paopeaty anden
consideration fox rezoning seconding to the
• *tquinesent of Section 11.4.2.5 it. see. _ -
S1.6.1.4 Notify anneals) of pnopetty (the sanfaee
- - estates within five handfeed 1100) feet of
the paacet malt consideration of the proposal
change of zone and :lathe public heating date.
The Board's sestet a the ownership inferedion
• wilt be the apptic& n foe change of zone
--- submitted by the applicant. Sack notification
shalt be maed, (last etas, mot leas than . .
(Z(teen (IS) days befote the schedsted heating.
11.6.7.5 Notify owners and lessee• of the ■lnerat estate
' on at wide* the subject property of the purposed
change of zone and pebtie heatin date. The '
Board's Josue of the osenenship information wilt
be the application jot change of zone submitted
by the applicant. Such notification shalt be
. mailed, first glass. sot tees than (fifteen (15)
days befene the sehedsted heating.
81.6.2 The Board of County Commissioners shall hole
a public hearing to consider the application
and to take final action thereon. In making
a decision on the proposed change of sone,
the Board shall consider the recommendation
of the Planning Commission. and from the facts
presented at the public hearing detrains
(soot 892 1814257•
ii
81.6.2.1 . That the proposal is consistent•with the
policies of the Weld County Comprehensive I
Plan; if not, then .that the the zoning of the •
• property under consideration is` faulty, or - '
- that changing conditions in the area warrant • ,
. -- a change of zone. .•- 81.6.2.2 That the uses which would be allowed on
the subject property by granting the change . .
• of zone will be compatible with the
surrounding land uses.
81.6.2.3. That adequate water and sewer service can be
. made available to serve the site. If the
rezoning is approved, the applicant shall
demonstrate, prior to issuance of building •-
' permits on al site, that the water and
sewer services are available at the site •
and are adequate and appropriate to meet
• the development requirements. . •
. •
81.6.2.4. That road and highway facilities providing
• access to the property(ies) are adequate. in
size to meet the requirements of the
• proposed zone district. In the event that
the road and highway facilities are not
. properly sized and are planned to be properly •
sized in the future, in conformance with the • -
• Weld County Thoroughfare Plan or do con- '
. • formance with'the adopted master plan(s) of . .
affected municipalities, the applicant may• either wait to. secure the rezoning Until
the improvements are made by the appropriate - e
• . unit of government or the applicant may ' •
express a willingness. to upgrade .the road
. and highway facilities at his own expense in
order to secure approval of the requested
. change of zone. In the, latter event, it ;
will be necessary for the applicant to either -
• construct the necessary improvements before
building permits are issued, or submit
suitable performance guarantees to Weld County .
to ensure construction of the required road.
and highway facility improvements.
•
81.6.2.5. That, in those instances where the following
characteristics are applicable to the
rezoning request, the applicant had demon- "'
aerated compliance with the applicable
standards: .
76
56'1392fr S 1814257
• 81.6.2.5.1 If the proposed change of zone is' located
within a Flood Hazard Area identified by
maps officially. adopted by Weld County,'
that the applicant has demonstrated com •
-
• pliance with the Weld County Supplementary
• Regulations Concerning Floodplains,
Compliance may be demonstrated in a "
previous public hearing or in the hearing
concerning the rezoning application.
81.6.2.5.2 If the proposed change of'zone is located •
. within a Geologic Hazard Area identified by
• • maps officially adopted, by Weld County, gist
the applicant has demonstrated compliance with
the Weld County Supplementary Regulations
Concerning Geologic Hazards. Compliance may •
be demonstrated in a previous public hearing , .i.
or in the hearing concerning the rezoning .
application.
That the proposed rezoning will not permit the -
81.6.2.5.3 use of any area known to contain a commercial - -
so mineral deposit as defined by Colorado Statute '
in a manner which would interfere with the -
preseat• or future extraction of such deposit
• by an extractor to any gaeatea extent than •
uncle* the .paesent zoning oR the pkopekty.
81.6.2.5.4 If soil conditions on the site are such that •
they present moderate or severe limitations ' ,
to the construction of structures or . •
facilities proposed for the site, the
applicant has demonstrated that such limit- '
ations will be addressed by the applicant,
the applicant's successors or assigns prior
to development of the.property. _ -
81.6.3 Upon the Board making St's final decision, ' •
a resolution setting forth that decision •
will be drafted and signed, A record of • •
such action and a copy of the resolution -
will be kept in the files of the Clerk to
the Board.
81.6.4 The Board shall arrange for the - -
Office of the Weld County Clerk and
Recorder to record the resolution and, if
_ • the proposed change of zone is approved, •
the rezoning plat. '
81.6.5 Adopt, on an annual basis, an updated copy
of the Official Weld County Zoning Hap which
includes the rezonings approved since the x - .
• last annual update. 'i --- .
• . {
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eoDK 892
181%25")
81.7 'Application Requirements -_Change of Zone •
The purpose of the application is to give the petitioner
an opportunity to demonstrate through written and graphic
• information how the proposal complies with the standards
of this resolution. A procedural guide is available from
the Zoning Division of the Department of planning,Services.
6
• 81.7.1 The following information shall be '
submitted on an application form which _
• may be obtained from the Office •of the
Department of Planning Services:
4
81.7.1.1 Name, address, and telephone number of the
applicant(s).
81.7.1.2 Name and address of the fee owner(s) of the
• property proposed for the change of zone if
different from above. *'
81.7.1.3 Legal description of the property under
consideration as determined from a certified
boundary survey.
81.7.1.4 Total acreage of the parcel under consideration.
, 81.7.1.5 Address of the parcel, if available.
81.7.1.6 Present zone and overlay zones, if appropriate.
•
81.7.1.7 Proposed zone. . ..-
81.7.1.8 Signature(s) of the applicant and fee owner(s) •
or their authorized legal agent. •
81.7.1.9 A list ofj the names and addaesses o6 the • 1
owners oL paopeaty (the su.(ace estate)
within 6 ve hundred (500) beet o(-the paopeaty
.-
subject to the application (o1 a Change o6
Zone.
•
87.7. 1. 10 A list o6 the names and addaesses n( raincoat ..
owneas and t 6 mineaat owneas having
an in.eaest in the paopeaty which is the •
subiect of6 the application. The list shall
ne(cect the names o6 these armour and
as they may appear' on the plats on aecoads
• in the County Clea4 and Recoadea's 066ice -•
and as theta most /recent addaesses may appeaa•
in the telephone dinectony oa othea diaectoay '
o6 geneaal inc in the aaea o6 the paope'ty oa
on the tan aecoads o6 the County. . .
81.7.1.40 Such additional information as may be ;
required by the Planning Commission or the •i '
Board of County Commissioners in order to :
determine that the application meets the !; '
• standards and policies set forth in this
Resolution and the Weld County Comprehensive
Plan.
81.7.2 A vicinity and land use map of the area
shall be submitted as part of the General
Application. This map shall be drawn to the I
following specifications:
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81,7.2.1 The map shall he delineated on reppro-
ducible material approved by the Director •
of the Department of Planning Services or '
the Director's authorized representative. •
81.7.2.2 The dimensions of the map shall be thirty-
six (36) inches wide by twenty-four (24) . •
inches high and prepared at a scale of 11 •
• • to' 2400 (1" - 200') or at other suitable
•
scale when approved by the Director of the
- - Department of Planning Services•or the . •
Director's authorized representative.
•
81.7.2.3 The following information, when applicable, • '
shall be shown: ' - \•
,d
81.7.2.3.1 Outline of the perimeter of the parcel pro- '
posed for'the change of zone.
81.7.2.3.2 Title, scale, north arrow. •.il++
81.7.2.3.3 Location of land uses and associated structures . 1'
existing on the parcel in question as well
- as on properties within two hundred (200) • •
feet of the parcel.
81.7.2.3.4 Ditches on or within two hundred (200) feet
of the property.
J . :
81.7.2.3.5 Location of rivers and other drainage systems _
on or within two hundred (200) feet of the
property. I -
81.7.2.3.6 Location of easements, rights-of-ways, and
• other similar interests of record on the
parcel and within 50 feet of the parcel.
81.7.2.3.7 Location of all existing utilities (elec •
-
• tricity, gas, water, and sewer) on the
. parcel as well as within 50 feet of the -
parcel.
81.7.2.3.8 Flood hazard areas on the property. •
81.7.2.3.9 Areas of geologic hazard on the'property. •
81.7.2.3.10 Mineral resource areas on the property. •
•
•
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892 obis/
• 81.7.2.3.11 Areas of moderate or seve •
re soil •
limitations as defined by the Soil .
Conservation Service or by a soil survey . '
• and study prepared by a soils engineer -
• or soil scientist for the uses and `
associated structures permitted within
the proposed zone district.; '
' 81.7.2.3.12 Other information as may be reasonably
required by the Director of the Department
of Planning Services or the Director's t "
authorized representatives in order to i
determine that the application meets the • •
. standards and policies set forth in this.
Resolution and the Weld County Compre-• .
hensive Plan.
81.7.3 A rezoning plat shall be submitted as part
of the General Application. This map
' shall be drawn to the following '
•
. specifications: .
I
• 81.7.3.1 The map shall be delineated in drawing :1`. •
' ink on mylar or other material acceptable ( '
to the Director of the Department of
Planning Services or the Director's
authorized re •
prersntative. •
•
81.7.3.2 The dimensions of the map shall be eight
and one-half (8%) inches wide by fourteen ' !" t
— --- ' (14) inches -high.
81.7.3.3 The following information shall be shown!
81.7.3.3.1 Certified boundary survey of the parcel i'i
under consideration, showing all bearings
and distances outside the perimeter. •
. % , v
boundary lines. The closure error of the ,:
survey may not exceed 1:5,000. •
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81.7.3.3.2 Legal description, including total area •
involved, as certified by the surveyor. i
• 81.7.3.3.3 Title, scale, and north arrow. . '
81.7.3.3.4 Data of drawing. . •
81.7.3.4 The following certificates .shall appear
•
on the map:
81.7.3.4.1 Surveyor's certificate. •
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i•81.7.3.4.2 Certificate of approval•by the Planning ,
• Commission.
81.7.3.4.3 Certificate of approval by the Board of .
County Commissioners.
81.7.3.4.4 County Clerk and,Recorder signature block. - " .
81.7.3.5 Adequate space shall be•provided on the : ,
rezoning plat for the addition of the
following information by the Department
of Planning Services. ._1.
81.7.3.5.1 Zoning case number.
• 81.7.3.5.2 Current zone classification. . `
81.7.3.5.3 Requested zone classification. ' •
•
81.7.4 The following supporting documents shall .
be submitted as part of the general
•
• • application: •
. . . . 81.1.4.1 Where an authorized agent signs the
• . application for the fee owner(s), a
letter granting power of attorney to . -
the agent from the owner(s). - -
81.7.4.2 A copy of the deed or legal instrument -
by which the applicant obtained an •
• interest in the property under
consideration.
• 81.7.4.3 A statement on how the proposed rezoning
is consistent with the policies of the '
. Weld County Comprehensive Plan, or
81.7.4.4 A statement that demonstrates how the .
. proposed rezoning will correct what the •
.'0 applicant perceives as faulty zoning, •
or that demonstrates haw the proposed
rezoning will fit with what the applicant .
perceives as the changing' conditions in
the area. -
81.7.4.5 A statement which demonstrates flow the .
uses allowed by the proposed rezoning
"'
• will be compatible with.the surrounding -
land uses.
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81.7.4.6 Statements from public water and sewer
•
utilities which indicate that they are •.•
able to provide service for the site.
• If public utilities are not to be' used,
_ the applicant shall submit information
• which documents the availability of
water and suitability of the site for the •
sewage disposal system chosen by the
applicant. The evidence shall document •
• the adequacy of the proposed utility •
service for the uses permitted in the •
proposed zone district.
81.7.4.7 A soil survey and study of the site
proposed for the change of zone with a
statement of the suitability of soils to
. support all uses allowed in the proposed •
. zone. If the soils survey and study,
indicates soils which present moderate •
or severe limitations to the construction . .
• of strucutres of facilities on the site,
the applicant. shall submit information
which demonstrates that the limitations 0
• can be overcome.
° 81.7.4.8 accessIf dtonthed iproperty(ies)iirees wnothadeyuate
.• to meet the requirements of the proposed
zone district, the applicant shall supply
information yhich demonstrates willingness
and financial capability to upgrade the •
road and highway facilities in conformance
with the"Weld County Thoroughfare Plan and .
thereby meet the requirements of Section '
81.6.2.4 of this Resolution.
81.7.4.9 If, according to maps and other information •
available to Weld County, the Director
of the Department of Planning Services
determines that there appears to be a
sand, gravel, or other mineral resource •
on or under the subject property, the
applicant shall provide a mineral resource
statement prepared by a certified geologist
• or other qualified expert. • The statement • •
• shall indicate the estimated quantity of • •
resources and indicate the economic • •
feasibility of recoveryt now and in the -•
future, of the resource(s) so that the
Planning Commission and Board of County
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Commissioners can determine whether a •
- commercial mineral deposit, as defined
- at 34-1-302-1 Colorado Revised Statutes, '
1973, is contained on or under the
- • subject property(ies). • . '
81.7.4.10 If' the proposed change of zone-is located
within a Flood Hazard area, identified
by maps officially adopted •by Weld County, •
• the applicant shall submit information
which either documents how the Weld •
County Supplementary Regulations Concerning
Floodplains have been satisfied or-
documents how the applicant intends to
meet the requirements of the Weld County •
Supplementary Regulations Concerning • `
Floodplains.
• 81.7.4.11 If the proposed change of zone is located -
within a Geologic Hazard Area identified -
by maps officially adopted'tby Weld County,
the applicant shall submit information ,
• which either documents how the Weld County
Supplementary Regulations Concerning •t, - -
Geologic Hazards have been satisfied, or ,
documents how the applicant intends to 4
meet the requirements of the Weld County
Supplementary Regulations Concerning
Geologic Hazards.
•81.8 Effective Date of Approved Amendments . - . •`•
Any approved amendments to the map of the Weld County Zoning '0
Resolution shall be effective immediately upon approval by
the Board of County Commissioners unless ptherwise specified '
. r
by the approving resolution of the Board of County
Commissioners. • #}•
u• .
Section
82 Amendments to the Text of the Zoning Resolution . , Y;
The Board of County Commissioners may, upon its awn motion
or upon petition of the Planning Commission, amend the text ', - -
of the Official Weld County Zoning Resolution. The proposed -
amendments must be reviewed by the Weld County Planning •e,
Commission whose recommendation shall be sent to'and , .
• considered by the Board of County Commissioners. Such
amendments shall be made in complianca with the Colorado . '• t
Statutes and with County procedures and regulations as -
established herein. , . -C
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82.1 Duties of the Department of Planning Services •
82.1.1 Upon submission of a request from the Board
of County Commissioners fcr any proposed
amendments to the text of the Weld County
Zoning Resolution, the staff of the
• Department of Planning Services shall: •
82.1.1.1 Draft all text amendments as directed by the
• Board of County Commissioners with the
counsel of the County Attorney.
• 82.1.1.2 Sat a Planning Commission hearing date after
the completion of the proposed amendment.
82.1.1.3 Arrange for legal notice of said healing to i
be published once in the newspaper designated .
by the .Board of County Commissioners. for
publication of notices. The date of
publication shall be at least fifteen (15)
. days prior to the hearing.
' ' 4
82.1.1.4 Upon the approval of all proposed text amend-
gents, arrange for the publication of the s
Zoning Resolution; such publication shall be
made available as soon as possible after final i
approval has been given the amendment by the I . . •
Board of County Commissioners. , •
= ., •82,1.1.5 . . Perform other tasks as assigned by the Planning • -
Commission and the Board of County Commissioners. ' i .
82.2 Duties of the Planning Commission
82.2.1 The Planning Commission shall hold a hearing • • ` _
. • to consider the •proposed zoning resolution text • 1 0 •
amendment. The Commission shall recommend to
the Board of County Commissioners approval or -
• denial of the proposed amendment.
82.2.2 In making its final recommendation, the Planning
- . , Commission shall determines '
82.2.2.1 ' That the existing resolution is in need of
revision as proposed.
82.2.2.2 That the proposed amendment will be consistent
'
- with the future goals and needs of the County t '
• '. . as set out in the Weld County Comprehensive
Plan.
,
82.2.2.3 That the proposed amendment will be consistent ,
•
with the overall intent of the Weld County ;t
• Zoning Resolution. . 4
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82.2.3 The Secretary of the Planning Commission
shall forward the official recommendation
to the Board of County Commissioners within
ten (10) days after said recommendation has & '
been made.
82.3 Duties of the Office of the Board of County Commissioners
' 82.3.1 Upon receipt of the Planning Commission
. recommendation. the Office of the Board of
County Commissioners shall: .
-
82.3.1.1 Set a Board of County Commissioners public
hearing to take place within sixty (60) days.
• 82.3.1.2 Arrange for legal notice of said hearing to '
• - be published once in the newspaper designated
• . .by the .Board. of County Commissioners for ,
• . publication of notices. The date of publication
shall be at least thirty (30) days prior to
the hearing.
82.3.2 The Board of County Commissioners shall hold a
• • -public hearing to consider the proposed text
amendment and take final action.,
82.3.3 In making its final determination; the Board •
shall:
• 82.3.3.1 Take into consideration the recommendation of
the Planning Commission. .
• 82.3.3.2 Find that the existing resolution is in need
Cl •
of revision as proposed. •
82.3.3.3 Find that the proposed amendment will be
consistent with the future goals and needs of
the County as set out in the Weld County
Comprehensive Plan. .
82.3.3.4 Find that the proposed amendment is consistent
.- ' with the overall intent of the Weld County
Zoning Resolution. • _-
•
. 82.3.4 The Board shall arrange for the recording of • •
the resolution,_and if approved, the full
text of the amendment.;
• 82.4 Any approved amendments to the text of the Weld County Zoning
• • Resolution shall be effective immediately upon approval by
the Board of County Commissioners.
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