HomeMy WebLinkAbout20040957.tiff EXHIBIT INVENTORY CONTROL SHEET
ORD #2003-10
Exhibit Submitted By Exhibit Description
A. County Attorney Proposed revision at 2nd Reading
B. Planning Staff Evidence of Notification at 2nd Reading
C. County Attorney Proposed revision a 2nd Reading
D. Planning Staff Proposed revision at 3rd Reading
E. Planning Staff Proposed revision at 3rd Reading
F. Planning Staff Discussion of County Permitting Policy
G Planning Commission Summary of Hearing (Minutes 10-07-2003 and
10-21-2003)
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
t2Ci9 v3- /D
2004-0957
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
The following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved
by the Weld County Planning Commission that the application for:
CASE NUMBER: 2003-XX
PLANNER: MONICA MIKA
REQUEST: COUNTY CODE CHANGES
be recommended favorably to the Board of County Commissioners for the following reasons:
Please see attached summary of proposed changes to the Weld County Code
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
John Hutson
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 21, 2003.
Dated the 21st of October 2003.
Voneen Macklin
Secretary
Summary of all changes to date: November 5, 2003
Chapter 21 Article 2
Sec. 21-2-260. Duties of Department of Planning Services. Division 2- Permit Application
6. Refer the application for their review and comment to those referral agencies deemed by the
Department of Planning Services, in its sole discretion, to be appropriate to the subject matter of the
application. The agencies named shall respond within twenty-eight (28) twenty one (21) days after the
mailing of the application. The failure of any agency to respond twenty-eight(28) twenty one (21)days
may be deemed to be a favorable response to the Planning Commission. The reviews and comments
solicited by the referral are intended to provide the County with information about the proposed activity.
The Planning Commission and Board of County Commissioners may 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 a permit pursuant to these
Section 1041 Regulations rests with the officials of the County.
Sec. 21-2-300. Permit hearing before Planning Commission. Division 3 Permit Hearing
B. The Secretary of the Planning Commission shall forward the official recommendation of the
Planning Commission and the information contained in the official record, which includes the Department
of Planning Services case file, to the Clerk to the Board within ten (10)five (5)days after said
recommendation has been made. (Weld County Code Ordinance 2001-6)
Chapter 23 Article 1
Sec. 23-1-90. Definitions. General Provisions
COMPLETE APPLICATION:All necessary information required as part of the submittal criteria of a
land use case as defined in sections pertaining to the type of case being processed.
HOME OCCUPATION: An incidental use of a DWELLING UNIT for gainful employment of the resident
therein, where:
6-
A HOME
OCCUPATION may include accessory parking of a single vehicle which must be primarily associated with
a permitted home occupation. A HOME OCCUPATION located w Within an approved or recorded
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations controlling
subdivisions, shall be allowed one (1) vehicle no larger than one (1) ton gross vehicle weight or one
(1)trailer which cannot exceed fifteen (15)feet and related to and operated in conjunction with the
HOME OCCUPATION. A HOME OCCUPATION located outside of a subdivision or unincorporated
town, shall be allowed oOne (1)car, truck, delivery van, semi-tractor and/or trailer, dump truck or similar
type vehicle. may be included. This is not intended to include excavation equipment, cement mixers,
heavy equipment or similar types of generally unlicensed vehicles or equipment. When parked on the
site, the vehicle associated with the home occupation must be reasonably concealed and appropriately
screened from all adjacent properties and public rights-of-way.
LANDSCAPE/N-G: Includes any combination of living plants, such as trees, shrubs, vines, ground
covers, flowers or turf, and may include natural features such as rock, stone and bark, and architectural
features including, but not limited to, fountains, reflecting pools, art works, screen walls, fences, STREET
furniture, walks, decks and ornamental concrete or stonework.
LANDSCAPE INC MAINTENANCE: The regular irrigation, weeding, fertilization, mowing, trash cleanup
and pruning of all LANDSCAPE INC, the treatment or repair of all diseased, insect-ridden, broken or
vandalized LANDSCAPE WIG, and the replacement of dead or irreparable LANDSCAPE MI6 in
substantially similar kind.
MOBILE HOME(This definition applies only to MOBILE HOMES when used in the administration of a
Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay District.): A MOBILE
HOME shall be required to have a permanent engineered foundation and be used as an Accossory to the
Farm. The elevation of any interior grade of a crawl space or the top of the floor in any basement, walk-
out, etc., must be one (1)foot above the Base Flood Elevation.
MANUFACTURED STRUCTURE: means any factory-assembled STRUCTURE with or without
service connections that is not a DWELLING.
REFERRAL: A portion of a complete application given to a referral agency for review of a case.
The referral information may contain only portions or elements of the complete application.
Chapter 23 Article 2
Sec. 23-2-20. Duties of Department of Planning Services. Division 1 —Amendments to Zone Map
A. Any person wanting to apply for a Change of Zone shall arrange for a pre-application
conference with the Department of Planning Services.
• 1.Set a Planning Commission hearing date within sixty(60) days
ifI 5.A sign shall be posted for the applicant on the property under consideration for a rezoning. The
sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the
property under consideration is not adjacent to a publicly maintained road right-of-way, one (1) sign shall
be posted in the most prominent place on the property and a second sign posted at the point at which the
driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at
least ten (10) days prior to the hearing and evidenced with a photograph. The sign will aad•-include
the following information.
6. Refer the application to the following agencies, when applicable, for their review and comment.
The agencies named shall respond within twenty-eight (28) twenty one(21)days after the mailing of the
application by the COUNTY. The failure of any agency to respond within twenty-eight (28)twenty one
(21)days may be deemed to be a favorable response to the Planning Commission. The reviews and
comments solicited by the County are intended to provide the COUNTY with information about the
proposed Change of Zone. The Planning Commission and Board of County Commissioners may
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
Change of Zone rests with the officials of the County.
.1 (1 6 d.Department of Public Works to check the legal description of the parcels and review the of
other engineering aspects of the proposal.
Cali. An electronic version reproducible copy of the Official Weld County Zoning Map shall be maintained
which includes all of the rezoning approvals made since the last adoption of the map by the Board of
County Commissioners. The map shall be available for public inspection with the Department of Planning
Services and online.
Sec. 23-2-40. Duties of Board of County Commissioners. Division 1-Amendments to Zone Map
A. The Board of County Commissioners shall:
1. Set a Board of County Commissioners' public hearing, to take place within forty five (45)
days not less than fifteen (15)days and not more than forty five (45)days after receipt of the Planning
or upon request of the applicant, for consideration of the proposed
Change of Zone.
Sec. 23-2-50. Application requirements for Change of Zone. Division 1-Amendments to Zone
Map
10. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records by a
person qualified to perform the task of tho County Clerk and Recorder, and shall be current as of a
date no more than thirty (30) days prior to the date the application is submitted to the Department of
Planning Services.
15. Certificate of Conveyance dated within 30 days of the application submitted
2. The dimensions of the land USE map shall be thirty-six(36) inches wide by twenty-four(24) inches
high and prepared at a scale one (1) inch equals one hundred (100)feet (1" = 100') or at other suitable
scale when approved by the Department of Planning Services. The vicinity map shall be drawn at
suitable scale on the land USE map. 1" =2000'
D. A rezoning plat shall be submitted as part of the general application. If the applicant elects the option
provided in Subsection B.3 above, the rezoning plat will not be required until the certified boundary survey
has been made. This map shall be drawn to the following specifications:
1. The plat shall be delineated in nonfading permanent black ink on a
Mylar or other product of equal quality, three (3) millimeters or
greater in thickness. The plat shall bear original signatures and seals in permanent black ink.
The size of each shall be twenty-four (24) inches in height by thirty-six (36) inches in width.
The mixing of sheet sizes is prohibited. No plat submitted shall contain any form of stick-on
type material such as, but not limited to "sticky-back," adhesive film or kroy lettering tape. The
Planning-Services
2. The dimensions of the map shall be
prepared at a scale one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable
scale when approved by the Department of Planning Services. The vicinity map shall be
drawn at suitable scale on the land USE map. 1" =2000'.
3. The following information shall be shown:
a. Certified boundary survey of the parcel under consideration, showing all bearings and
distances outside the perimeter boundary lines. The closure error of the survey may not exceed
one to five thousand (1:5,000).
b. Legal description, including total area involved, as certified and signed by the surveyor.
c. Title, scale and north arrow.
d. Date of drawing.
4. The following certificates shall appear on the map:
a. Surveyor's certificate.
b. Planning Commission certificate.
c. Board of County Commissioners certificate.
d. Property Owners Certificate
7. A Geotechnical 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
STRUCTURES or facilities on the site, the applicant shall submit information which demonstrates that the
limitations can be overcome.
9. If, according to maps and other information available to the COUNTY, 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, including but not limited to Colorado Geological Survey.
The statement shall indicate the estimated quantity of resources and indicate the economic feasibility of
recovery, now and in the future, of the resources so that the Planning Commission and Board of County
Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT is contained on or under
the subject properties.
12. A sign shall be posted for the applicant on the property under consideration for a rezoning.
The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1) sign
shall be posted in the most prominent place on the property and a second sign posted at the point at
which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be
posted at least ten (10) days prior to the hearing and evidenced with a photograph. The sign will and
include the following information:
Sec. 23-2-110. Duties of Department of Planning Services. Division 2 Amendments to Chapter
Text
Upon submission of a request from the Board of County Commissioners for any proposed amendments
to the text of this Chapter:
A. The Deparment of Planning Services in making its final recommendation, tho Planning
Commission shall determine:
Sec. 23-2-120. Duties of Planning Commission. Division 2 Amendments to Chapter Text
C. The Secretary of the Planning Commission shall forward the official recommendation and the
information contained in the official record, which includes the Department of Planning Services case file,
to the Board of County Commissioners within ten (10) days after said recommendation has been
made. (Weld County Codification Ordinance 2000-1)
Sec. 23-2-130. Duties of Board of County Commissioners. Division 2 Amendments to Chapter
Text
A. The Board of County Commissioners shall:
1. Set a Board of County Commissioners public hearing date within forty-five (45) days.
Sec. 23-2-150. Intent and applicability. Division 3—Site Plan Review
3. Signs, fencing, oil and gas production facilities in the 1-3 (Industrial)Zone District, TEMPORARY
STRUCTURES such as but not limited to the sale of fireworks or the temporary sale of Christmas
trees.
G. The Director of Planning Services may waive the site plan review requirement for COMMERCIAL
and INDUSTRIAL USES in a Planned Unit Development(PUD) upon determination that sufficient
detailed information was submitted and reviewed in the Final PUD Plan.
Sec. 23-2-160. Application requirements for site plan review.
2C Any person wanting to apply for a Site Plan Review shall arrange for a pre-
application conference with the Department of Planning Services.
— 4. The applicant shall submit to the Department of Planning Services a detailed LANDSCAPE INC
plan delineating the existing and proposed trees, shrubs, ground covers, natural features such as rock
outcroppings and other LANDSCAPE 4NG elements. The plan shall show where LANDSCAPE INC
exists or will be located, along with planting and construction details, species name and size. Where
existing plantings are to be retained, the applicant shall include in the plan proposed methods of
protecting the plantings during construction.
NA-5. The applicant shall submit to the Department of Planning Services a maintenance plan for the
proposed LANDSCAPE INC on the site.
iI, 8. Any off-site and on-site improvements agreement shall be made in conformance with the County
policy on collateral for improvements.
6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent roads and
other major land features. 1"=2000'
-LB' 1T Ph.nto Mechanical Transfer PMT),if requAed
( SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review
application is approved. The plat shall be submitted to the Department of Planning Services and be
ready for recording at the County Clerk and Recorder's office within sixty(60)thirty(30) days of
Vapproval. The plat shall meet the following requirements:
1. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polyoster
Mylar or other product of equal quality, three (3) millimeters or greater in
thickness. The plat shall bear original signatures and seals in permanent black ink. The size of each
shall be twenty-four(24) inches in height by thirty-six(36) inches in width. The mixing of sheet sizes is
prohibited. No plat submitted shall contain any form of stick-on type material such as, but not limited to
"sticky-back,"adhesive film or kroy lettering tape. The drawing shall be at sufficient scale to show all
necessary detail.
4. The plat shall be titled "Site Plan Review No. ." The Department of Planning
Services shall provide fill-ia the appropriate number.
5. The plat shall include all of the items approved in the site plan review administrative comments
map.
Sec. 23-2-210. Duties of Department of Planning Services. Division 4—Use by Special Review
*e- Any person wanting to apply for a Use by Special Review shall arrange for a pre-
application conference with the Department of Planning Services.
%Li Upon determination that the application submittal is complete, the Department of Planning
Services shall:
1. Set a Planning Commission hearing date within sixty (60) days not morc than forty five(45)days
after the complete application has been submitted.
4. A sign shall be posted for the applicant on the property under consideration for a Use by Special
Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-
way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-
way, one (1)sign shall be posted in the most prominent place on the property and a second sign posted
at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The
sign shall be posted at least ten (10) days prior to the hearing and evidenced with a photograph. The
sign will and-include the following information:
6. Refer the application to the following agencies, when applicable, for their review and comment. The
agencies named shall respond within twenty-eight(28) twenty one (21)days after the mailing of the
application by the COUNTY. The failure of any agency to respond within twenty-eight (28) twenty one
(21)days may be deemed to be a favorable response to the Planning Commission. The reviews and
comments solicited by the COUNTY are intended to provide the COUNTY with information about the
proposed Use by Special Review. The Planning Commission and Board of County Commissioners may
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
a Special Review Permit rests with the officials of the COUNTY.
d. Department of Public Works to check the legal description of the parcels and review of othcr
engineering aspects of the proposal.
Sec. 23-2-240. Design standards. Division 4—Use by Special Review
B. If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is
approved, the Planning Commission shall arrange for the Department of Planning Services to record the
appropriate Facilities Plan, Utility Line or Selected Route Map with the County Clerk and Recorder. (Weld
County Codification Ordinance 2000-1) (Weld County Code Section 21-3-10)
Sec. 23-2-260. Application requirements. Division 4— Use by Special Review
7. A statement which explains that there is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY.
B. The following general information shall be submitted:
A(Applicant to submit signed copy of the notice of inquiry form demonstrating that the
IGA municipality does not wish to annex if required by the IGA.
iy. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners
v on or under the parcel of land being considered. The list shall be prepared from the real property records
, by a person qualified to do the task and shall be current as of a date
no more than thirty(30) days prior to the date the application is submitted to the County Department of
Planning Services.
A sign shall be posted for the applicant on the property under consideration for a Use by Special
V Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-
way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-
way, one (1) sign shall be posted in the most prominent place on the property and a second sign posted
at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The
sign shall be posted at least ten (10)days prior to the hearing and evidenced with a photograph. The
sign will include the following information:
a. Use by Special Review number.
b. Date, time and place of public hearing.
c. Location and telephone number of the public office where additional information may
be obtained.
d. Applicant's name.
e. Size of parcel of land.
f. Type of request. (Weld C ounty C odification Ordinance 2 000-1; Weld C ounty C ode
Ordinance 2001-1; Weld County Code Ordinance 2002-9)
Photo Mechanical Transfer(PMT) if required
Sec. 23-2-300. Applicability. Division 5— Special Review Permits for Major Facility of Public
Utility
A. Major facility of a public utility is determined to be an area or activity of state interest see
Chapter 21.
Sec. 23-2-330. Duties of Department of Planning Services. Division 5— Special Review Permits
for Major Facility of Public Utility
A. Any person wanting to apply for a Use by Special Review shall arrange for a pre-
application conference with the Department of Planning Services.
1. Set a Planning Commission hearing date within sixty (60) days. not more than forty five (15)dayc
after the complete application has bean submitted.
2. Arrange for a public notice of the hoaring by the Planning Commission to be published once in the
newspaper designated by the Board of County Commissioners for publication of notices a minimum of
ten (10) days prior to the hearing date. 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 Major Facility is proposed. Failure to
publish the second notice shall not create a jurisdictional defect in the hearing process. The date
of publication shall be at least ten (10) days prior to the hearing.
5. Refer the application to the following agencies, when deemed applicable by the Department of
Planning Services for their review and comment. The agencies named shall respond within twenty-eight
(28) twenty one (21)days after the mailing of the application by the COUNTY. The failure of any agency
to respond within twenty-eight(28)twenty one (21)days may be deemed to be a favorable response to
the proposal. Such agencies may request and be granted additional time for review of such proposals
upon approval by the Director of Planning Services. The reviews and comments solicited by the
COUNTY are intended to provide the COUNTY with information on the proposal. The Planning
Commission may 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 proposal rests with the officials of the COUNTY.
Sec. 23-2-340. Duties of Planning Commission. Division 5—Special Review Permits for Major
Facility of Public Utility
D. See Chapter 21 for regulations regarding Areas and Activities of State Interest
Sec. 23-2-370. Submission requirements Application Requirements. Division 5—Special
Review Permits for Major Facility of Public Utility
Submission Application Requirements.
h. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records of tho
County Clerk and Recorder, by a person qualified to do the task and shall be current as of a date no
more than thirty (30) days prior to the date the application is submitted to the Department of Planning
Services.
Sec. 23-2-390. Drawing requirements for utility line plan maps. Division 5—Special Review
Permits for Major Facility of Public Utility
2. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of
Planning Services.
3. Include a vicinity map at a suitable scale (1"=2000' minimum) which displays the location of the
approved route within the County and its relationship to towns, major water features and major
transportation features.
Sec. 23-2-400. Standards. Division 5—Special Review Permits for Major Facility of Public
Utility
N. Applicant to submit signed copy of the notice of inquiry form demonstrating that the IGA
municipality does not wish to annex if required by the IGA.
Div. 6. Flood Hazard Overlay District
Development Permit
Overlay District is removed from the entire text
Sec. 23-2-470. Duties of Department of Planning Services. Division 6 Flood Hazard
B. The Department of Planning Services may forward copies of the complete application to any group or
agency whose review and comment is deemed appropriate by the Department of Planning Services. The
group or agency to whom the application is referred shall review the application to determine compliance
of the application with any standards of the group or agency. The failure of a group or agency to respond
within twenty-eight(28) twenty one (21)days shall be deemed to be a favorable response to the
Department of Planning Services. The reviews and comments solicited by the COUNTY are intended to
provide the Department of Planning Services with information related to the proposed FLOOD HAZARD
Overlay District Development Permit. The COUNTY may 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 Department of Planning Services. The
authority and responsibility for making the decision to approve, approve subject to conditions or deny the
FLOOD HAZARD Overlay District Development Permit application rests with the Department of Planning
Services.
C. As soon as practicable after a decision has boon reached, Tthe Department of Planning Services
shall notify the applicant within forty-five (45) days, of the action taken on the FLOOD HAZARD Overlay
District Development Permit.
Sec. 23-2-490. Application requirements. Division 6 Flood Hazard
4. Topography map Existing ground elevations, above moan sea level, at the building site including: a
map (plot plan) drawn to an appropriate scale at 1"=20'; 1"=40'; location of known encumbrances
and spot elevations for site near all existing and proposed structures.
F. An elevation drawing delineated with the appropriate architectural scale, which clearly depicts the
elevation of the LOWEST FLOOR of the structure in relation to the REGULATORY FLOOD DATUM.
Div. 7. Geologic Hazard Overlay District
Development Permit
Overlay District is removed from the entire text
Section 23-2-570 Duties of Department of Planning Services Division 7-Geologic Hazard
B. The Department of Planning Services shall notify in writing the Colorado Geological Survey of the
proposed development and may also forward copies of the complete application to any other group or
agency whose review and comment is deemed appropriate by the Department of Planning Services. The
group or agency to whom the application is referred shall review the application to determine compliance
of the application with any standards of the group or agency. The failure of a group or agency to respond
within twenty-eight(28) twenty one (21)days shall be deemed to be a favorable response to the
Department of Planning Services. The reviews and comments solicited by the COUNTY are intended to
provide the Department of Planning Services with information related to the proposed GEOLOGIC
HAZARD Overlay District Permit. The COUNTY may 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 Department of Planning Services. The
authority and responsibility for making the decision to approve, approve subject to conditions or deny the
GEOLOGIC HAZARD Overlay District DEVELOPMENT Permit application rests with the Department of
Planning Services.
C. As soon as practicable after a decision has boen reached, Tthe Department of Planning Services
shall notify the applicant within forty-five (45) days, in writing of the action taken on the GEOLOGIC
HAZARD Ovorlay District DEVELOPMENT Permit.
Sec. 23-2-590. Application requirements. Division 7-Geologic Hazard
A. A map portraying the geologic conditions of the area with particular attention given to the specific
regulated GEOLOGIC HAZARDS. The map shall be delineated in black drawing ink on Mylar or other
drafting medium approved by the Department of Planning Services. The dimensions of the map shall be
twenty-four(24) inches by thirty-six (36) inches. The map shall be prepared at a scale of one (1) inch
equals one hundred (100)feet and shall include the parcel in question, as well as features within five
hundred (500)feet of the parcel boundaries. The scale of the map may be reduced or enlarged upon
approval of the Department of Planning Services. Such map shall also include:
c. Property Owners Certificate
Div. 8. Procedures and Requirements of
PUD District
Sec. 23-2-650. Intent. Division 8 - PUD
PUD Conceptual Time Parameters
Approximate Days
Sketch Administrative Review 45 60
Plan:
Change of Both options require: 60-90120
Zone:
* Specific Planning Com. Review&
Guide
* BOCC Review &Approval
Conceptual
Guide
Final Plan:
* Specific Administrative Review 45 60
Guide
BOCC Review&Approval 45-60 90
Conceptual
Guide
TOTAL: Specific Guide 450-180 240
Conceptual Guide 150 195 270
*Approval type depends on outcome of Change of Zone or utilization of the specific vs. conceptual
guide
Sec. 23-2-670.Sketch Plan Application Requirements submittal. Division 8 - PUD
Sec. 23-2-690.PUD District Application Requirements submittal:Division 8 - PUD
8. A description of the water source and system and a statement from the representative of the provider
of the water system which demonstrates that the water supply quality and quantity is sufficient to meet the
requirements of the uses within the PUD District. A PUD District with residential USES shall be served by
a PUBLIC WATER system. If proposing a cluster PUD, see Section 27-10-10.
15. A sign shall be posted for the applicant on the property under consideration for a PUD Rezoning. The
sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the
property under consideration is not adjacent to a publicly maintained road right-of-way, one (1) sign shall
be posted in the most prominent place on the property and a second sign posted at the point at which the
driveway(access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at
least fifteen (15)(10)days prior to the hearing and evidenced with a photograph. The sign will rand
include the following information:
g. Number of Lots
17. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records of tho
County Clork and Recorder, by a person qualified to do the task and shall be current as of a date no
more than thirty (30) days prior to the date the application is submitted to the Department of Planning
Services.
d. Property Owners Certificate
D. Photo Mechanical Transfer(PMT), if required
A PUD Rezoning Application. Upon determining that the Change of Zone to a PUD District application
meets the submittal requirements of Section 23-2-690 above, the Department of Planning Services shall
institute the Change of Zone procedures in Section 23-2-20 above, with the exception of sign posting
which is fifteen (15) days prior to hearing.
Sec. 23-2-730.PUD Plan Application Requirements submittal. Division 8 - PUD
T. An affidavit listing the names and addresses of mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records ef-the
County Clerk and Recorder, by a person qualified to do the task and shall be current as of a date no
more than thirty(30)days prior to the date the application is submitted to the Department of Planning
Services.
U. A sign shall be posted on the property under consideration for the PUD Plan. The sign shall be posted
by the Department of Planning Services, which shall certify that the sign has been posted fer at least
fifteen (15) ten (10) days preceding the hearing date and evidences with a photograph.. The sign
shall be provided by the Department of Planning Services. The sign shall include the following:
7. Certificate of Conveyance within 30 days of application submittal
Sec. 23-2-750. Maps. Division 8 - PUD
D. A LANDSCAPE plan map chap consisting of a overall map with detail design areas of interest at a
scale of 1"=20' or 1"=40' and PUD Plan at a scale of one (1) inch equals one
hundred (100)feet or one (1) inch equals two hundred (200)feet, composed of one (1) or more sheets
with an outer dimension of twenty-four (24) by thirty-six (36) inches showing the following information:
:f. Plant material schedule with common and botanical names, sizes, quantities and method of
transplant. Plants must be sized according to the following Table 23.2:
Table 23.2
Plant Material Sizes
Type Size
Standard deciduous trees 13/."to 2"caliper 1%" to 2
1/z' caliper
Small ornamental &flowering 11/4" to 13/:'caliper
trees
Evergreen trees 5'to 6' in height
Shrubs Adequate size to be
consistent with design
intent, 5 gallon can
minimum.
Sec. 23-2-780. Duties of Board of County Commissioners. Division 8 -PUD
A. Set a Board of County Commissioners' public hearing to take place within forty-five (45)
days. not less than thirty (30)days and not more than sixty(60) days after receipt of the Planning
for consideration of the proposed PUD Plan.
D. Give notice of the proposed PUD Plan and the public hearing date to those persons listed in
the application as owners and lessees of the mineral estate on or under the parcel under consideration.
Such notification shall be mailed, first class, not less than fourteen (14) ten (10)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 owner to receive such notification.
E. Give notice of the proposed PUD Plan and the public hearing date to those persons listed in the
application as owners and lessees of the mineral estate on or under the parcel under consideration.
Such notification shall be mailed, first class, not less than fourteen (14) ten (10) 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 failure of a surrounding property
owner to receive such notification.
Chapter 23 Article 3
Sec. 23-3-40. Uses by special review. Division 1 Ag Zone District
10. Animal training and boarding facilities where the maximum number of ANIMAL UNITS permitted in
Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties including
noise, odor, lighting or glare, traffic congestion, and trash accumulation .
Sec. 23-3-50. Bulk requirements. Division 1 Ag Zone District
1" Landscape criteria may be based upon compatibility with existing
adjacent lots and land uses.
Cj X All external lighting shall be designed in accordance with Section 23-2-
160 V. 6
Sec. 23-3-160. Bulk requirements. Division 2 Residential Zone District
C. All external lighting shall be designed in accordance with Section 23-2-160 V. 6
Sec. 23-3-230. C-3(Business Commercial)Zone District. Division 3 Commercial Zone District
G. Performance StandardsBulk Requirements.
Sec. 23-3-320. 1-2 (Industrial)Zone District. Division 4 Industrial Zone Districts
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed,
occupied or maintained in the 1-2 Zone District upon the approval of a permit in accordance with the
requirements and procedures set forth in Article II, Division 4 of this Chapter.
set forth in Article II, Division 4 of this Chapter.
1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2. MAJOR FACILITIES OF PUBLIC UTILITIES.
3. COMMERCIAL JUNKYARD or salvage YARD.
4. OIL AND GAS STORAGE FACILITIES
5. Asphalt and Concrete Batch Plants
6. Coal Gasification Facilities
7. Open Pit Mining and Materials Processing subject to provisions of Article IV, Division 4
of the Chapter
8. Microwave, Radio, Television or other Communication Towers over forty-five
(45) feet in height (measured from ground level)
G. Performance StandardsBulk Requirements.
Sec. 23-3-330. 1-3 (Industrial)Zone District. Division 4 Industrial Zone Districts
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the 1-3 Zone District upon the approval of a permit in accordance
with the requirements and procedures set forth in Article II, Division 4 of this Chapter.
1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2. MAJOR FACILITIES OF PUBLIC UTILITIES.
3. COMMERCIAL JUNKYARD or salvage YARD.
4. OIL AND GAS STORAGE FACILITIES
5. Asphalt and Concrete Batch Plants
6. Coal Gasification Facilities
7. Open Pit Mining and Materials Processing subject to provisions of Article IV, Division 4
of the Chapter
8. Microwave, Radio,Television or other Communication Towers over forty-five (45) feet in
height (measured from ground level)
G. Performance Standards Bulk Requirements.
Sec. 23-3-350. Design standards Division 4 Industrial Zone Districts
K. All external lighting shall be designed in accordance with Section 23-2-160 V. 6
Sec. 23-3-440. Bulk requirements. Division 5 Estate Zone Districts
F. Fences less than over-six (6)feet in height are not required to comply with the minimum OFFSET
and may be located on the property line.
K. All external lighting shall be designed in accordance with Section 23-2-160 V. 6
Chapter 23 Article 4
Div. 3. MOBILE HOMES/ MANUFACTURED STRUCTURES
Sec. 23-4-130. Permit requirements.
No MOBILE HOME/MANUFACTURED STRUCTURE may be located or relocated in the County after
August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit
which may be required by this Section. Each MOBILE HOME/MANUFACTURED STRUCTURE located
or relocated in the County after said date must have a BUILDING permit for a MOBILE
HOME/MANUFACTURED STRUCTURE issued pursuant to Chapter 29 of this Code. An application for
any zoning permit for a MOBILE HOME/MANUFACTURED STRUCTURE required by this Division shall
include the following:
6, 1. The proposed location of the MOBILE HOME/MANUFACTURED STRUCTURE, including
C distances from the property LOT lines and other STRUCTURES on the property.
(' 2. Access to the MOBILE HOME/MANUFACTURED STRUCTURE indicating whether the access is
existing or proposed.
G. Methods of disposal of sewage or other wastes in compliance with the requirements of the
Colorado Department of Health and the County Department of Public Health and Environment, except for
applications for TEMPORARY storage of a MOBILE HOME/MANUFACTURED STRUCTURE under
Section 23-4-160 below.
H. Methods of supplying water in such a manner as to be adequate in quality, quantity and
dependability for the proposed use, except for applications for TEMPORARY storage of a MOBILE
HOME/MANUFACTURED STRUCTURE under Section 23-4-160 below.
J. The requirements of this Division 3, MOBILE HOME/MANUFACTURED STRUCTURE, require the
applicant to provide a certified list of the names, addresses and the corresponding Parcel Identification
Number assigned by the County Assessor of the owners of property(the surface estate)within five
hundred (500)feet of the property lines of the parcel to where the mobile home shall be placed. The
source of such list shall be the records of the County Assessor, or an ownership update from a title or
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.
K. Notification responses of at least thirty percent (30%)of surrounding property owners within five
hundred (500)feet of the subject property in opposition to the location of the MOBILE
HOME/MANUFACTURED STRUCTURE.
L. Completed Building Permit application for a MOBILE HOME. (Weld County Codification Ordinance
2000-1;Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9)
m. Each request for a TEMPORARY permit shall include a statement by the applicant
acknowledging that the TEMPORARY permit shall cease to exist at any such time as the
MOBILE HOME/MANUFACTURED STRUCTURE is used for other than the permitted USE, or
expire at the end of the initial or extended term of the permit for TEMPORARY storage of the
MOBILE HOME. Such application shall include detailed plans for removal of the MOBILE
HOME/MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit.
Sec. 23-4-140. Mobile homes permitted in the A Zone District.
MOBILE HOME/MANUFACTURED STRUCTURE are allowed in the A(Agricultural)Zone District for the
following USES listed in Sections 23.4-150, 23-4-160, 23-4-170, 23-4-180, 23-4-190, 23-4-200, and 23-
4-220, below, upon the issuance of the appropriate zoning or BUILDING permits according to the
following requirements: All temporarily permitted MOBILE HOME/MANUFACTURED STRUCTURE shall
be blocked and tied pursuant to the requirements of Chapter 29 of this Code. Upon determination of the
Department of Planning Services, the Zoning Permit shall not be transferable by the applicant and/or
owner to any successor; the Zoning Permit shall terminate automatically upon conveyance or lease of the
property. The MOBILE HOME/MANUFACTURED STRUCTURE shall be removed from the property or a
new Zoning Permit shall be applied for and approved. (Weld County Code Ordinance 2001-1; Weld
County Code Ordinance 2002-9)
Sec. 23-4-150. Temporary use during construction of residence. Division 3 Mobile Homes
F. Extensions of six-month increments beyond the above eighteen-month period may be granted only
by the Board of County Commissioners. The Board of County Commissioners shall hear the application
for an extension at a regularly scheduled meeting of the Board. The Board of County Commissioners
shall give notice of the application for a zoning permit and the meeting date to those persons listed in the
application as owners of property located within five hundred (500)feet of the parcel under consideration.
Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting.
Such notice is not required by state statute and is provided as a courtesy to surrounding property owners
(the surface estate). 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 permit process,
even if such error results in the failure of a surrounding property owner to receive such notification. The
Department of Planning Services shall post a sign for the applicant on the property in question indicating
that a MOBILE HOME has been requested for the property, the meeting date and a telephone number
where further information may be obtained. The sign shall be posted at least ten (10)days prior to the
meeting date and evidenced with a photograph.. In its review of an application, the Board of County
Commissioners shall consider the good faith efforts of the applicant to pursue construction diligently and
any unforeseeable or unavoidable circumstances which may have delayed completion of construction,
requiring the extension. In addition, the Board of County Commissioners shall consider compatibility of
the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its
effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area
and the COUNTY.
Sec. 23-4-160. Temporary storage. Division 3 Mobile Homes
G. The Board of County Commissioners shall hear the application for renewal of a zoning permit for
TEMPORARY storage of a MOBILE HOME, semi-trailers as defined in Section 42-1-102(70), C.R.S., and
Cargo containers used as TEMPORARY accessory STRUCTURES, at a regularly scheduled meeting of
the Board. The Board of County Commissioners shall give notice of the application for a zoning permit
and the meeting date to those persons listed in the application as owners of property located within five
hundred (500)feet of the parcel under consideration. Such notification shall be mailed, first class, not
less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is
provided as a courtesy to surrounding property owners (the surface estate). 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 permit process, even if such error results in the failure of a surrounding
property owner to receive such notification. The Department of Planning Services shall post a sign for the
applicant on the property in question indicating that a MOBILE HOME has been requested for the
property, the meeting date and a telephone number where further information may be obtained. The sign
shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The
Board of County Commissioners shall consider any testimony of surrounding property owners concerning
the effects of the MOBILE HOME on surrounding property. The Board of County Commissioners shall
also consider whether the application has demonstrated compliance with the requirements of Subsections
A through D above, as well as compatibility of the MOBILE HOME with the surrounding area, harmony
with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health,
safety and welfare of the inhabitants of the area and the COUNTY. (Weld County Codification Ordinance
2000-1; Weld County Code Ordinance 2002-9)
Sec. 23-4-180. Temporary accessory use during medical hardship.
B. A MOBILE HOME zoning permit for TEMPORARY ACCESSORY USE during a medical hardship in
the A(Agricultural)Zone District may be issued by the Department of Planning Services upon a
determination that the criteria of Paragraphs A.1 through A.3 above and Section 24-3-230 B below are
met. If the applicant is not able to meet the criteria stated in Section 24-3-230 B below, the Board of
County Commissioners shall review the application for compliance with the criteria set out in Paragraphs
A.1 through A.3 above at a regularly scheduled meeting of the Board. The Board of County
Commissioners shall give notice of the application for a zoning permit and the meeting date to those
persons listed in the application as owners of property located within five hundred (500)feet of the parcel
under consideration. Such notification shall be mailed, first class, not less than ten (10)days before the
scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). 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 permit process, even if such error results in the failure of a surrounding property owner to receive
such notification. The Department of Planning Services shall post a sign for the applicant on the property
in question indicating that a MOBILE HOME has been requested for the property, the meeting date and
telephone number where further information may be obtained. The sign shall be posted at least ten (10)
days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners
shall consider any testimony of surrounding property owners concerning the effects of the MOBILE
HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE
HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon
the immediate area, and the general health, safety and welfare of the inhabitants of the area and the
COUNTY.
Sec. 23-4-190. Temporary accessory use as office.
A. A zoning permit for the USE of one (1)Meal-LE-HOME or MANUFACTURED STRUCTURE in the
A (Agricultural)Zone District as an OFFICE USE accessory to the USE allowed by right may be permitted
upon a determination by the Department of Planning Services that:
1. The MOBILE HOME or MANUFACTURED STRUCTURE is necessary for the effective and
economic operation of the principal USE.
2. The MOBILE HOME or MANUFACTURED STRUCTURE will not be used for residential
purposes.
3. Adequate water and sewage disposal facilities can be made available to the MOBILE HOME or
MANUFACTURED STRUCTURE.
4. No reasonable alternative is available to the applicant for an OFFICE USE.
5. The MOBILE HOME or MANUFACTURED STRUCTURE is not the first MOBILE HOME or
MANUFACTURED STRUCTURE on the parcol of land. Where tho MOBILE HOME will bo the-first-unit
on a parcel of land, the MOBILE HOME request shall follow the application procedures under the
provisions of Section 23 4 200 below.
5. The applicant must obtain a BUILDING permit for the MOBILE HOME or MANUFACTURED
STRUCTURE and comply with all installation standards of Chapter 29 of this Code.
C. A zoning permit for more than one (1)MOBILE HOME or MANUFACTURED STRUCTURE as an
accessory OFFICE unit in the A(Agricultural)Zone District may be issued by the Department of Planning
Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-
230.B below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5
above, the zoning permit may be issued only upon the approval by the Board of County Commissioners.
The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through
A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give
notice of the application for a zoning permit and the meeting date to those persons listed in the
application as owners of property located within five hundred (500)feet of the parcel under consideration.
Such notification shall be mailed, first class, not less than ten (10)days before the scheduled meeting.
Such notice is not required by state statute and is provided as a courtesy to surrounding property owners
(the surface estate). 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 permit process,
even if such error results in the failure of a surrounding property owner to receive such notification. The
Department of Planning Services shall post a sign for the applicant on the property in question indicating
that a MOBILE HOME MANUFACTURED STRUCTURE has been requested for the property, the
meeting date and telephone number where further information may be obtained. The sign shall be
posted at least ten (10)days prior to the meeting date and evidenced with a photograph. The Board of
County Commissioners shall consider any testimony of surrounding property owners concerning the
effects of the MOBILE-HOME MANUFACTURED STRUCTURE on the surrounding properties. In
addition, the Board shall consider compatibility of the MOBILE HOME MANUFACTURED STRUCTURE
with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the
immediate area, and the general health, safety and welfare of the inhabitants of the area and the
COUNTY.
D. All MOBILE HOMES or MANUFACTURED STRUCTURE as ACCESSORY OFFICE USE are
TEMPORARY. The MOBILE HOME MANUFACTURED STRUCTURE shall be removed from the
property upon the cessation of the USE of the MOBILE HOME MANUFACTURED STRUCTURE as an
ACCESSORY OFFICE USE. (Weld County Codification Ordinance 2000-1; Weld County Code
Ordinance 2002-9)
Sec. 23-4-200. Principal dwelling unit. Division 3 Mobile Home
A zoning permit for the use of a MOBILE HOME as a principal DWELLING UNIT in the A(Agricultural)
Zone District may be issued by the Department of Planning Services if the application meets the criteria
stated in Paragraphs A.1 through A.4 below and Section 23-4-230 B of this Division.
A. The Board of County Commissioners shall hear the application at a regularly scheduled meeting of
the Board, if the application does not meet the criteria stated in Paragraphs 1 through 4 below and
Section 23-4-230 B of this Division. The Board of County Commissioners shall give notice of the
application for a zoning permit and the meeting date to those persons listed in the application as owners
of property located within five hundred (500)feet of the parcel under consideration. Such notification
shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners (the surface
estate). 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 permit process, even if such error
results in the failure of a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE
HOME has been requested for the property, the meeting date and telephone number where further
information may be obtained. The sign shall be posted at least ten (10)days prior to the meeting date
and evidenced with a photograph. The Board of County Commissioners shall consider any testimony
of surrounding property owners concerning the effects of the MOBILE HOME on surrounding property.
The Board of County Commissioners shall also consider the following factors in reviewing applications for
a permit for a MOBILE HOME as a principal DWELLING UNIT:
Sec. 23-4-220. Mobile homes in C or I Zone District.
C. A zoning permit for more than one (1) MOBILE HOME in the C or I Zone District as an
ACCESSORY USE to the principal USE may be issued by the Department of Planning Services upon a
determination that the criteria of Paragraphs A.1 through A.4 above and Section 23-4-230 B of this
Division are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 B, the zoning
permit may be issued only upon the approval by the Board of County Commissioners. The Board shall
review the application for compliance with the criteria set out in Paragraphs A.1 through A.4 above at a
regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the
application for a zoning permit and the meeting date to those persons listed in the application as owners
of property located within five hundred (500)feet of the parcel under consideration. Such notification
shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not
required by state statute and is provided as a courtesy to surrounding property owners (the surface
estate). 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 permit process, even if such error
results in the failure of a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE
HOME has been requested for the property, the meeting date and telephone number where further
information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date
and evidenced with a photograph. The Board shall consider any testimony of surrounding property
owners concerning the possible effects of the MOBILE HOME on surrounding properties. In addition, the
Board shall consider compatibility of the MOBILE HOME with the surrounding area, harmony with the
character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety
and welfare of the inhabitants of the area and the COUNTY.
Sec. 23-4-230. Delegation of authority. Division 3 Mobile Homes
B. The Department of Planning Services has sent notice and received signed notification of at least
thirty percent(30%) of surrounding property owners within five hundred (500)feet of the subject property
in opposition to the location of the MOBILE HOME. The petition shall indicate that the surrounding
property owners who have signed the notification have objections to the issuance of a zoning permit for
the MOBILE HOME. Any notice not received within twenty-eight(28)twenty-one-(244-days shall be
deemed a positive response of said request.
C. If the Department of Planning Services has sent notice and received signed notification of at least
thirty percent (30%)of surrounding property owners within five hundred (500)feet of the subject property
in opposition to the location of the MOBILE HOME. The petition shall indicate that the surrounding
property owners who have signed the notification have objections to the issuance of a zoning permit for
the MOBILE HOME. Any notice not received within twenty-eight(28)twonty ono (21) days shall be
deemed a positive response of said request. (Weld County Codification Ordinance 2000-1; Weld County
Code Ordinance 2002-9)
Sec. 23-4-260. Application. Division 4 Open Mining
n. The application should address the following items:
A. Water Consumption:
13. An analysis of the amount of water which will be required to be
replaced for each phase of the mining operation and build out.
14. The analysis should address the amount of water consumed in the
mining and processing of the material including dust suppression.
15. The analysis should address the issue of water consumed for
domestic purposes by on site staff
16. The analysis should address the issue of evaporative losses
consumed from exposed groundwater including a discussion of the
feasibility of lining.
N. Water Replacement Source:
13. A description of the surface and well water rights and their
anticipated yields when converted to be used as replacement for
the water consumed in the mining operation.
14. Projections as to the mining of replacements to the river system
from these sources
15. A description of methods proposed to monitor, prevent and
mitigate against direct injury to users for wells in the vicinity of the
gravel operation as a result of alterations in the groundwater regime
occasioned by the mining operation or to said impacts
Sec. 23-4-280. Supporting documents. Division 4 Open Mining
B. Plans for obtaining water supplies to replace water consumed by mining and processing of the
material including dust control, consumed for domestic purposes by employees and consumed
by evaporative losses from exposed groundwater. for the mining operation.
4-, K. The USE will not cause injury to vocted or conditional water rights. If the USE may result in injury
.3 I to vested or conditional water rights, the applicant shall either present an agroement with a wafer
conservancy district or water user group which encompasses the location of the use within its boundaries
•� Prior to recording the Plat or at a time designated by the Board of County Commissioners , a copy
of a well permit supported by a plan of exchange or substitute supply approved by the State Engineer
or a decreed plan for augmentation approved by the District Court for Water Division No. 1 which
prevents injury to vested and conditional water rights shall be submitted to the Department of
Planning Services. (Weld County Codification Ordinance 2000-1)
Sec. 23-4-370. Outdoor shooting ranges. Division 5 Supporting Regulations for USR
A. A Special Review Permit to operate an outdoor shooting range, if approved shall may be
conditioned on a requirement that every ten (10) years the safety of the design of the range shall be
reviewed and safety design changed taking into account the history of the operation and changes in
surrounding land uses and the relevant provisions of Subsections B.2, C.2 through C.6 and D below.
Review of the safety plan shall be accomplished using the Site Plan Review process and such changes
shall not constitute a major change from the Special Review Permit. The Department of Planning
Services may waive the review, if the surrounding property within one-half mile has not
significantly changed since the recording date of the original application. The applicant shall
provide evidence for this determination. The operator, if he or she chooses not to accept the staff
determination under the Site Plan Review process, may request that the matter be determined by the
Board of County Commissioners which shall hear the matter in accordance with the procedures for
considering a Special Review Permit; provided, however, that no fee shall be charged.
Chapter 23 Article 5
Sec. 23-5-240. Interpretation and application. Division 3 Flood Hazard
C. The LOWEST FLOOR elevation of STRUCTURES without a BASEMENT shall be considered to be
the elevation, above mean sea level, of the top of the foundation of the STRUCTURE. The LOWEST
FLOOR elevation of STRUCTURES with a BASEMENT shall be considered to be the elevation, above
mean sea level, of the floor of the BASEMENT of the STRUCTURE.
MOBILE HOME shall bo considered to be the elevation, above moan sea lovol,-of the top of the MOBILE
HOME PAD.
Sec. 23-5.260. Uses permitted in FP-1 and FP-2 (Floodprone Districts). Division 3 Flood
Hazard
C. All new construction, replacement or SUBSTANTIAL IMPROVEMENT of DWELLING UNITS shall
have the LOWEST FLOOR, including the BASEMENT floor or MOBILE HOME PAD, ELEVATED to or
above the REGULATORY FLOOD DATUM. NEW CONSTRUCTION, replacement or SUBSTANTIAL
IMPROVEMENT of STRUCTURES other than DWELLING UNITS shall be FLOODPROOFED either by
ELEVATING the STRUCTURE or by making the STRUCTURE WATERTIGHT below the REGULATORY
FLOOD DATUM.
G. For all NEW CONSTRUCTION, replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS, fully enclosed areas below the LOWEST FLOOR that are subject to flooding shall be
designed to automatically equalize hydrostatic FLOOD forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect er and must meet or exceed the following minimum criteria: A
minimum of two (2)openings having a total net area of not less than one (1) square inch for every one (1)
square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no
higher than one (1)foot above grade. Openings may be equipped with screens, louvers or other
coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
16
L. All MANUFACTURED HOMES shall be elevated and anchored to resist flotation, collapse or lateral
movement. MANUFACTURED HOMES shall be anchored in accordance with Subsection 29 2 90 B 29-
2-110 B of this Code.
M. All MOBILE HOMES shall be elevated and anchored to resist flotation, collapse or lateral
movement. MOBILE HOMES shall be anchored in accordance with Subsection 29 2 00 B 29-2-110 B of
this Code.
Chapter 24 Article 2
ARTICLE II
Minor Subdivision and
Major Subdivision Process
Sec. 24-2-10. Minor subdivision process and Time Parameters.
A. The minor subdivision is subject to a three-step review and approval process. The sketch plan
submittal is the first step and is described in Section 24-3-20 of this Chapter. After a complete application
is received, the sketch plan should be completed within sixty(60) days. within forty five (45)days.
B. The second step is the change of zone process which is found in Section 24-3-40 of this Chapter.
After a complete application is received, the change of zone process should be completed within one
hundred forty (140) days. within one hundred twonty (120) days. The Planner should be consulted for
the correct application fee.
C. The third step is the final plat submittal process and is described in Section 24-3-50 of this
Chapter. The final plat review process should be completed within ninety (90) days. within sixty (60)
days. The Planner should be consulted for the correct application fees.
Table: Minor Subdivision
Processing Steps Types of Approval Approximate Days
Sketch Plan Administrative 60 45
Change of Zone Board of County 140 420
Commissioners
Final Board of County 90 60
Commissioners*
Board of County Total : 290 226
Commissioners
*Approval type depends on outcome of Change of Zone
Sec. 24-2-20. Major subdivision process and Time Parameters.
A. The major subdivision process is comprised of a four-step review and approval process. The first
step is the sketch plan submittal process. Copies of the sketch plan are sent to referral agencies for
review and comment. A public meeting may be scheduled by a municipality if it is within three (3) miles of
the subdivision site or if the subdivision is within an urban growth boundary as defined and adopted in any
approved intergovernmental agreement. There are no public hearings scheduled by the Planner for this
step. The sketch plan process includes an administrative review by the Planner. After a complete
application is received, the sketch plan review should be completed within sixty (60) days. forty five (45)
days. The Planner should be consulted for the correct application fee. The sketch plan is explained in
Section 24-4-10 of this Chapter.
17
B. The second step is the change of zone process found in Section 24-4-20 of this Chapter. After a
complete application is received, the change of zone process should be completed within one hundred
forty (140) days. within one hundred twenty (120) days. The Planner should be consulted for the
correct application fee.
C. The third step is the preliminary plan submittal process. Copies of the preliminary plan are sent to
referral agencies for review and comment. A public meeting may be scheduled by a municipality if it is
within three (3) miles of the subdivision site or if the subdivision is within an urban growth boundary as
defined and adopted in any approved intergovernmental agreement. The Planner shall schedule
separate public meetings before the Utility Coordinating Advisory Committee and Planning Commission.
The Clerk to the Board shall schedule a public hearing before the Board of County Commissioners. After
a complete application is received, the preliminary plan review should be completed within ninety (90)
sixty (60) days. The Planner should be consulted for the correct application fee. The preliminary plan is
explained in Section 24-4-30 of this Chapter.
D. The fourth step is the final plat submittal process. The Clerk to the Board schedules a hearing
before the Board of County Commissioners. The final plat review process should be completed within
forty five (45)to sixty (60) days thirty (30) days, provided that it complies with the approved preliminary
plan. The Planner should be consulted for the correct application fee. The final plat is explained in
Section 24-4-40 of this Chapter.
Table:Major Subdivision
Processing Steps Final Approval Approximate Days
Sketch Plan Administrative 60 45
Change of Zone Board of County 140140
Commissioners
Preliminary Plan Board of County 90 60
Commissioners
Final Board of County *45 or 60 30
Commissioners
Total: 335-350
*depending on compliance with preliminary plan
Chapter 24 Article 3 Minor Subdivision
Sec. 24-3-10. Procedure.
The minor subdivision procedure is a process for development and review of subdivisions proposing a
maximum of nine (9) lots, excluding those outlots which will not be used for residential, industrial or
commercial purposes. The minor subdivision process utilizes the minor subdivision sketch plan
application process and the minor subdivision final plat process of this Chapter.
D. Any person wanting to apply for a Minor Subdivision shall arrange for a pre-application
conference with the Department of Planning Services.
Sec. 24-3-20. Sketch plan.
K. A minor subdivision sketch plan vicinity map shall be drawn at a scale of one (1) inch equals two
thousand (2000) six hundred (600)feet, unless otherwise approved by the Planner, composed of one (1)
or more sheets with an outer dimension of twenty-four(24) inches by thirty-six (36) inches showing the
following items:
Sec. 24-3-30. Processing and review procedure.
18
A. Refer the application to appropriate referral agencies, when applicable for review and comment.
The agencies shall respond within twenty-eight(28) twenty one (21)days after the mailing of the
application by the County. The failure of any agency to respond within twenty-eight(28) twenty one (21)
days may be deemed to be a favorable response to the Department of Planning Services. The reviews
and comments solicited by the County are intended to provide the County with information about the
proposed minor subdivision. The Department of Planning Services may consider all such review 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.
B. Schedule a meeting with the applicant within forty five ('15) days after a complete application
has been submitted. The purpose o f t he meeting will be to a dvise the applicant of any problems
discovered during the review of the minor subdivision sketch plan application, discuss comments and
issues raised by referral agencies, and review the minor subdivision final plat procedures. A minor
subdivision sketch plan application shall be completed prior to submitting a minor subdivision change
of zone final plat application.
Sec. 24-3-40. Change of zone.
An applicant shall submit a complete change of zone application following the procedures found in
Chapter 23, Article II, Division 1 of this Code. After a complete application is received,the change of
zone process should be completed within one hundred twenty(120) days. The Planner should be
consulted for the correct application fee.
Sec. 24-3-50. Final plat.
S. 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 five hundred (500)
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.
T. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners
on or under the parcel of land being considered. The list shall be prepared from the real property records
by a person qualified to perform the task of the County Clerk and Rocorder, and shall be current as of
a date no more than thirty (30) days prior to the date the application is submitted to the Department of
Planning Services
2. The plat shall meet the following criteria: bear original signatures and seals; be made from a
dimensionally stable polyester shoot such as cronar, Mylar or other product of equal quality; be at least
three (3) millimeters in thickness; and all components, including signatures, shall be made with nonfading
permanent black ink.
3. The minor subdivision final plat submitted shall contain the original signaturos and seals of all
parties required. The plat shall meet the following criteria: bear original signatures and seals; be made
from a dimensionally stable polyester shoot such as cronar, Mylar or other product of equal quality; be at
least three (3) millimeters in thickness; and all components, including signatures, shall bo made with
nonfading permanent black ink.
Sec. 24-3-60. Final plat processing and review procedure.
The Planner shall be responsible for processing all minor subdivision final plat applications in the
unincorporated areas of the County. The Planner shall also have the responsibility of ensuring all
application submittal requirements are met prior to processing the application. Once a complete
application is submitted:
A. The Planner shall schedule a Planning Commission meeting date within sixty (60) days. net
more than forty five (45) days after the complete application has been submitted unless the applicant
agrees or requests a hearing date more than forty five ('15)days after submittal.
B. The Planner shall schedule a hearing before the Utilities Advisory Coordinating Committee.
This hearing shall be held prior to the Planning Commission meeting.
C. The Planner shall give notice of the proposed minor subdivision final plat and the public hearing
date to those persons listed in the application as owners of property located within five hundred (500)
19
feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten
(10) days before the scheduled public hearing. 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 owner to receive such notification.
E. The Planner shall post a sign on the property under consideration for a minor subdivision final
plat. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the
event the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1)
sign shall be posted in the most prominent place on the property and a second sign shall be posted
where a driveway(access drive) intersects a publicly maintained road right-of-way. The Department of
Planning Services shall certify that the sign has been posted fec the ten (10) days preceding the hearing
date and evidenced with a photograph. The sign will. Each sign shall show the following information:
G. The Planner shall refer the application to referral agencies, when applicable, for review and
comment. The agencies shall respond within twenty-eight(28) twenty one (21)days after the mailing of
the application by the County. The failure of any agency to respond within twenty-eight(28) twonty one
(21))days may be deemed to be a favorable response to the Planning Commission. The reviews and
comments solicited by the County are intended to provide the County with information about the proposed
minor subdivision. The Planning Commission and Board may 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 a minor subdivision rests with the
Board of County Commissioners.
L. The Clerk to the Board shall give notice of the application for a minor subdivision final plat and the
Board's 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. The notification shall be mailed, first class, not
less than ten (10)days before the scheduled public hearing. 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.
N. The Planner shall post a sign on the property under consideration of a minor subdivision final plat.
The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1)sign
shall be posted in the most prominent place on the property and a second sign shall be posted where a
driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning
Services shall certify that the sign has been posted fec-the ten (10)days preceding the hearing date and
evidenced with a photograph. The sign will. Each cign shall show the following information:
14. That the maximum number of lots within the minor subdivision will not exceed nine (9)fivo (5)
lots.
Chapter 24 Article 4 Major Subdivision
Sec. 24-4-10. Sketch plans.
Any person wanting to apply for a Major Subdivision shall arrange for a pre-application
conference with the Department of Planning Services.
.1, 11. A sketch plan vicinity map shall be drawn at a scale of one (1) inch equals two thousand (2000)six
hundred (600)feet, unless otherwise approved by the Planner, composed of one (1) or more sheets with
an outer dimension of twenty-four (24) by thirty-six (36) inches showing the following items:
a. The location of the proposed subdivision and its property boundaries.
2.Schedule a meeting with the applicant within forty five (45)days after a complete application has been
submitted. The purpose of the meeting will be to advise the applicant of any problems discovered during
the review of the sketch plan application, discuss comments and issues raised by referral agencies, and
review the preliminary plan procedures. A sketch plan application shall be completed prior to submitting a
preliminary plan application. (Weld County Code Ordinance 2001-1)
Sec. 24-4-20. Change of zone.
An applicant shall submit a complete change of zone application following the procedures in Chapter 23,
Article II, Division 1 of this Code. After a complete application is rocoivod, the chango of zono process
should bo completed within one hundrod twonty(120) days. The Planner should be consulted for the
correct application fee.
20
Sec. 24-4-30. Preliminary plan.
AAny person wanting to apply for a Major Subdivision shall arrange for a pre-application
conference with the Department of Planning Services.
8. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on
or under the parcel of land being considered. The list shall be prepared from the real property records of
tho County Clork and Recordor, by a person qualified to do the task and shall be current as of a date
no more than thirty (30) days prior to the date the application is submitted to the Department of Planning
Services.
a. The Planner shall schedule a Planning Commission meeting date within ninety(90)flea-mere-than
sixty(60)days after the complete application has been submitted.
e. The Planner shall post a sign on the property under consideration of a major subdivision final plat.
The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1) sign
shall be posted in the most prominent place on the property and a second sign shall be posted where a
driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning
Services shall certify that the sign has been posted for the ten (10) days preceding the hearing date.
Each sign shall show the following information:
3. The Clerk to the Board shall:
a. Set a Board public hearing to take place not more-than within forty-five (45) thirty-(30)days
after receipt of the Planning Commission recommendation for consideration of the proposed
preliminary plan application.
S.ec. 24-4-40. Final plat.
A. An applicant shall submit a complete final plat application with the required number of application
copies and application fee to the Planner. The required number of application copies shall be determined
by the Planner. Final plats that are intended to make minor changes to existing subdivisions may
request a waiver of some conditions at planning staffs approval. Applicant to contact Planning
Services for direction.
5. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on
or under the parcel of land being considered. The list shall be prepared from the real property records of
the County Clerk and P.ocordor, by a person qualified to do the task and shall be current as of a date
no more than thirty(30) days prior to the date the application is submitted to the Department of Planning
Services.
4, The Planner shall post a sign on the property under consideration of a major subdivision final plat.
The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1)sign
shall be posted in the most prominent place on the property and a second sign shall be posted where a
driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning
Services shall certify that the sign has been posted for the ten (10) days preceding the hearing date and
evidenced with a photograph. The sign . Each sign shall show the following information:
5. The Clerk to the Board shall arrange for legal notice of the Board hearing published in the newspaper
designated by the Board for publication of notices. The date of publication shall be at least fourteen (14)
ton (10)days prior to the hearing.
Chapter 24 Article 5 Resubdivision
Section 24-5-15 Resubdivision Process and Time Parameters
After a complete application is received, the resubdivision plat should be completed within
sixty(60) days.
Sec. 24-5-30. Resubdivision for changes to lot lines.
1. Upon receipt of a complete resubdivision application, the Department of Planning Services will schedule
the request before the Board of County Commissioners within forty-five (45)sixty(60) days.
Chapter 24 Article 7 Resubdivision Design Standards
Sec. 24-7-10. Compliance required.
21
All subdivisions, , approved by the Board shall comply with the following general
standards:
5. Signature Block for Board of County Commissioners
Certificate of Approval by the Board of County Commissioners:
This plat is accepted and approved by the Board of County Commissioners of Weld County,
State of Colorado.
Witness my hand and the corporate seal of Weld County this day of
A.D., 20
Chair, Board of County Commissioners
ATTEST:
Weld County Clerk to the Board
By:
Deputy Clerk to the Board Date
(Weld County Code Ordinance 2002-9)
Sec. 24-7-50. Lot size standards. Resubdivision Design Standards
J. A flag lot configuration shall be avoided when possible. The minimum width of a flag lot appendage shall
be thirty(30)feet. This access road shall be graded, twenty (20)feet wide and clear of all encumbrances
and drained to provide adequate emergency access to the property. For access and culvert information, see
Chapter 8 of this Code.
Sec. 24-7.130. Storm drainage design and technical criteria. Resubdivision Design Standards
A. The engineer is to use published material by a generally accepted authority approved by the Director of
Public Works. The material used must be referenced and copied as part of the submittal information. The
County does not publish technical data or storm drainage design manuals. The design will conform with the
South Weld I-25 Corridor Master Drainage Plan if the site is within the identified basins, if applicable.
Sec. 24-7-170. Planned unit development overlay district requirements. Resubdivision Design
Standards
If a subdivision or portion of a proposed subdivision is located in a planned unit development overlay district
area, all applicable regulations of Chapter 23, 26 or 27 of this Code shall be met.
Chapter 24 Article 8 Exemptions
Sec. 24-8-20. Recorded exemption.
A. The recorded exemption is a subdivision process used to divide a lot into two (2), er three (3) separate or
four(4) lots. Examples of when a recorded exemption application may be submitted include creating a lot in
the agricultural zone district for a single-family residential building site, separating existing improvements from
agricultural land, and creating a lot in a commercial or industrial zone district for existing or future
development. A recorded exemption must not be for the purpose of evading the requirements and
intent of this Chapter.
oxemption
•
Cr /B. The recorded exemption application shall include the total contiguous land ownership, except in the A
('Agricultural)Zone District. In the A (Agricultural)Zone District the following will apply:
22
1. When a contiguous ownership equals at least one hundred sixty (160) acres, or is a parcel
otherwise recognized as a complete quarter section, a portion of the lot parcel equal to the minimum
buildable lot size (eighty [80] acres) may be used in the two lot (2) recorded exemption application. Lot B
of a two-lot recorded exemption is eligible for future land exemption five (5) years from the date of
recording the exemption plat, in accordance with Section 24-8-40. M. Lot A of a two-lot recorded
exemption created prior to January 1, 2004, is eligible for a one-time only future land exemption.
Lot A of a two-lot recorded exemption created after January 1, 2004, is not eligible for a future land
exemption.
2. The three-lot recorded exemption application shall include the total contiguous land ownership equal
to no less than one hundred sixty (160) acres, or is a parcel otherwise recognized as a complete quarter
section. Two (2)of the proposed parcels shall be less than thirty-five (35) acres in size and the third parcel
must be at least one hundred twenty (120) acres in size. Lot C of a three-lot recorded exemption is
eligible for future land exemption five (5) years from the date of recording the exemption plat, in
accordance with Section 24-8-40. M. The two smaller lots of a three-lot recorded exemption created
prior to January 1, 2004, are eligible for a one-time only future land exemption. The two smaller lots
of a three-lot recorded exemption created after January 1, 2004, are not eligible for a future land
exemption.
3. The four-lot recorded exemption application shall include the total contiguous land ownership
equal to no less than one hundred sixty (160) acres, or is a parcel otherwise recognized as a complete
quarter section. Three (3) of the proposed lots shall be sized in conformance with the requirements of
Section 24-8-40 L., and the fourth lot must be at least one-hundred twenty(120) acres in size. The
three smaller lots shall attempt to be clustered together. The three smaller lots are not eligible for
future land exemptions. The larger lot(Lot D) is eligible to apply for a future land exemption five (5)
years from date of recording the exemption plat, in accordance with Section 24-840. M.
4. When a contiguous ownership equals two (2) or more parcels created prior to the initiation of
subdivision regulations, a single parcel may be used in the two (2) lot recorded exemption application.
(Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9)
Section 24-8-25 Recorded Exemption Process and Time Parameters
After a complete application is received,the recorded exemption should be completed within
sixty(60) days.
Section 24-8-35 Subdivision Exemption and Time Parameters
After a complete application is received, the recorded exemption should be completed within
forty-five (45) days unless processed with an Recorded Exemption then the time frame will follow
the Recorded Exemption process as described in Section 24-8-40 of this Code.
Sec. 24-8-40. Exemption standards.
An exemption application shall comply with all of the following standards:
A. The water supply for all proposed lots is adequate in terms of quality, quantity and dependability,
including fire protection.
B. An adequate sewer service is available to serve the uses permitted on all proposed lots. The sewer
service shall comply with the requirements of the applicable zone district and the Department of Public
Health and Environment.
C. An access is, or can be made, available that provides for safe ingress and egress to a public road.
All accesses shall be in accordance with Chapter 8, Article II of this Code, and shall endeavor to achieve
the goal of no "net increase" in the number of accesses onto adjacent County roads when
accesses already exist.
1. Where the access is adjacent to a state highway, the Colorado Department of Transportation has
jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining a
new access permit from the Colorado Department of Transportation.
2. New residential driveways to an arterial will be provided only whon no other option is available.
Contiguous lots created through the exemption process shall,when practicable, share access.
23
3. Existing or future public rights-of-way and additional access points on County roads shall be
dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental
agreements or master plans of affected municipalities.
1. Exemptions shall mitigate impacts of additional accesses to County roads. A new access with a
choice as to which County road it feeds onto shall choose the County road with the lowest
traffic count.
D. The proposed recorded exemption-will shall comply with Chapter 23, Article V of this Code.
1. The approval of an exemption may be conditioned or restricted to carry out the intent of Section 24-1-30 of
ty this Chapter or to mitigate impacts or address concerns of referral agencies. Conditions and restrictions may
include, but are not limited to, designation of building envelopes, creation of conservation easements or other
legal mechanisms to encourage agricultural production on the parcels and to maintain irrigation water for the
parcels, aad the utilization of existing housing and the satisfaction of school district concerns and
requirements. Conditions of approval shall be met prior to recording the plat and restrictions may be
enforced by means of notes on the plat.
M. The proposed recorded exemption is not part of a recorded exemption or subdivision exemption which
was done in conjunction with a recorded exemption approved within the last ten (10)five (5) years. unless the
original exemptions had an application pending as of October 25, 1995. For recorded exemptions -this
provision shall not apply in any Commercial or Industrial Zone District.
M. After January 1, 2004, the proposed recorded exemption is eligible for land exemption if it is
not part of:
1)The largest lot of a recorded exemption which was recorded within the last five (5) years;
2)The largest lot of a recorded exemption which was done in conjunction with a subdivision
exemption which was recorded within the last five (5) years.
`v None of the smaller lots of recorded exemptions approved after January 1, 2004, are eligible for
future land exemptions.
The proposal is consistent with good agricultural practices, if applicable. (Weld County Code
Ordinance 2002-9)
Sec. 24-8-60. Exemption plat.
i 1. Recorded exemption. The smallest parcel shall be designated Lot A. For a two-lot recorded
vl exemption, the larger parcel shall be designated Lot B. For a three-lot recorded exemption, the medium-sized
parcel shall be designated Lot B and the largest parcel shall be designated Lot C. For a four-lot recorded
exemption, the smallest parcel shall be designated Lot A, the next largest parcel shall be designated
Lot B,the third largest parcel shall be designated lot C and the largest parcel shall be designated Lot
D. The net and gross acreage for all lots shall be given. All lots shall be accurately surveyed and the drawing
shall include bearings, distances and curve data for all lines of all lots, which shall be referenced to two (2)
public land survey monuments of record.
Sec. 24-8-70. Duties of Department of Planning Services and Board of County Commissioners.
Exemptions
A. The Board of County Commissioners delegates the authority and responsibility for processing and
approving exemptions to the Department of Planning Services. The Department of Planning Services shall
also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any
official action. Once a complete application is submitted, the Department of Planning Services shall send the
application to referral agencies for review and comment. The agency shall respond within twenty-eight(28)
twenty ono (21)days after the application is mailed. The failure of any agency to respond within twenty-eight
(28) twenty one (21)days may be deemed a favorable response. All referral agency review comments are
24
considered recommendations to the County. The authority and responsibility for approval and denial of an
exemption application rests with the County.
D. When, in the opinion of the Department of Planning Services, an applicant has not met one (1)or more
of the standards of Subsections 24-8-40 A through N 21 8 170.A.1 through A.4, a hearing shall be scheduled
before the Board of County Commissioners.
E. The Board of County Commissioners shall hold a public hearing to consider the exemption application
and t o take final action t hereon, if the Planning Staff has determined t hat the application has not met the
standards of Subsections 24-8-40 A through N 21 8 10.B.1 through B. above. The Board of County
Commissioners' decision shall consider the recommendation of the Planning Staff, referral agency responses,
the application case file and facts presented at the public hearing. The Board of County Commissioners shall
approve the exemption application unless it finds the applicant has not met one (1) or more of the standards
as listed in Section 24-8-40.
Sec. 24-8-80. Exemption resolution.
A resolution setting forth the decision of the Board of County Commissioners shall 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, and the
Board of County Commissioners shall arrange for the County Clerk and Recorder's office to record the
resolution. The Board of County Commissioners shall also authorize the Chairman to sign the plat required in
Section 24-8-60 24-8-70 belew. (Weld County Code Ordinance 2002-9)
Sec. 24-8-90. Exemption correction.
C. Any change to a previously approved exemption which is not a correction as defined in Section 24-8-
90.A 21 8 180 above shall follow the procedures of Section 24-8-50 24-8-1.50.
D. The date for calculating compliance with the timing provisions of Section 24-8-40.M 24-8-80T# shall be
the date of recording the most recent previous exemption associated with the parcel, not the date of the
correction. (Weld County Code Ordinance 2002-9)
Sec. 24-8-100. Exemption amendments time provisions.
Time provisions do not apply to subdivision exemptions for adjustment of property lines between two (2)
contiguous parcels, for the creation of lots for the purpose of financing or for the temporary use of a parcel for
public utility facilities. Any change to a previously approved exemption, which is not a correction as defined in
Section 24-8-90 of this Chapter, shall be processed as a new exemption, if eligible. The date for calculating
compliance with the timing provisions of Section 24-8-40.M 21 8 80.1-4 shall be the date of the most recent
previous exemption associated with the parcel only in the following instances:
A. Where a boundary change results in a change of acreage between Lot A , Lot B, Lot C, Lot D or the
SE Lot done in conjunction, thereby not creating an additional building site or changing the exterior
boundary of the original recorded exemption or recorded exemption, subdivision exemption combination.
Chapter 27 Entire Text PUD Chapter
Sec. 27-1-10. Intent. General Provisions
1. Encourage innovations in residential, commercial and industrial development so that the growing
demands of the population may be met by greater variety in type, design and layout of buildings and by the
conservation and more efficient use of common open space in the development.
2. Provide for well-located, clean, safe and pleasant commercial, industrial and residential
developments involving a minimum strain on transportation facilities.
3. Ensure that the provisions of the zoning laws which direct the uniform treatment of dwelling type,
bulk, density and common open space within each zoning district will not be applied to the improvement of
land by other than lot-by-lot development in a manner which would distort the objectives of the zoning laws.
Sec. 27-2-55. Cluster PUD. Performance Standards
A Cluster PUD is a division of land creating single-family residential parcels less than thirty-five (35)acres
each pursuant to the Cluster PUD process. A minimum of two-thirds of the total area of the tract shall be
reserved for contiguous land preservation. The density of a Cluster PUD shall not exceed two (2) residential
units for each thirty-five (35) acres. The Cluster PUD option requires the preservation of land for agricultural
25
purposes, view corridors, wildlife habitat or critical areas. This preserved land shall not be developed for at
least forty (40) years from the date the final plan is approved. (Weld County Code Ordinance 2001-1)Weld
County Code Section 27-10-10
Sec. 27-2-60. Common open space. Performance Standards
Common open space is defined as any usable parcel of land or water unimproved and set aside, dedicated,
designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land
adjoining or neighboring such area. Common open space includes landscape areas that are not occupied by
buildings or uses such as storage or service areas, private courtyards, parking lots and islands. In all PUD
districts, except for those containing residential uses, common open space may include landscape setbacks
adjacent to roadways, where the setbacks are not utilized as parking or storage areas. The amount and type
of common open space provided in a PUD Zone District shall be proportional to the intensity of the zone
districts called for in the PUD or uses specified in the application, unless specifically delineated in Chapter 26.
Common open space shall be designed to be useful to the occupants and/or residents of the PUD Zone
District for recreational and scenic purposes. Common open space in the PUD Zone District shall be owned
and maintained in perpetuity by an organization established specifically for such ownership and maintenance
purposes. In nonurban scale developments with a minimum oighty acro agricultural outlot, the proservation of
the agricultural outlot may be considered to moot the intent of the common opon space requirement.
Sec. 27-2-70. Compatibility. Performance Standards
The density, design and location of land uses within and adjoining a PUD shall be designed to be compatible
with other uses within and adjoining the PUD. Compatible uses shall be determined by evaluating the general
uses, building height, setback, offset, size, density, traffic, dust, noise, harmony, character, common open
space, screening, health, safety and welfare of the PUD in relation to surrounding uses.
Sec. 27-2-140. Nonurban scale development. Performance Standards
Nonurban scale developments are developments comprised of nine (9) or fewer residential lots, located in a
nonurban area as defined in Chapter 22 of this Code, not adjacent to other PUDs, subdivisions, municipal
boundaries or urban growth corridors. Nonurban scale development shall also include land used, or capable
of being used, for agricultural purposes and including development which combines clustered residential uses
and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations
for the next forty(40)years. Nonurban scale development on public water and septic systems may have a
minimum lot size of one (1) acre and an overall gross density of two and one-half(2%) acres per septic
system. Nonurban scale development proposing individual, private wells and septic systems shall have a
minimum lot size of two and one-half(2%:)acres per lot. Nonurban scale development located outside the
MUD area is not subject to the common open space requirement set forth in Section 27-6-80 of this
Code. This definition does not affect or apply to those coordinated planning agreements between the County
and municipalities which are in effect as of May 14, 2001. (Weld County Code Ordinance 2001-1)
Sec. 27-2-165. Public purpose Performance Standards
Parks, playgrounds, trails, paths and other recreational areas and common open spaces, scenic and historic
sites are public purposes. A public purpose may also include productive agricultural lands; riparian areas and
their buffers; wetlands and their buffers; conservation areas; buffer zones or areas; scenic areas; view
corridors; floodways and floodplains; groundwater resources and recharge areas; historic, archaeological and
cultural features; scenic viewsheds from public roads; wildlife preserves; and conservation areas. Areas such
as wetlands and their buffers; conservation areas; buffer zones or areas; scenic areas; and view corridors are
areas that may or may not allow public access. These spaces shall serve a public purpose by providing for
the protection of environmentally sensitive lands, agricultural practices and scenic areas or corridors. (Weld
County Code Ordinance 2001-1)
Sec. 27-3-30. Time parameters. PUD procedure and Requirements
Table 27.1
PUD Conceptual Time Parameters
Approximate Days
26
Sketch Administrative Review 45 60
Plan:
Change of Both options require: 60-90 120
Zone:
* Specific Planning Corn. Review&
Guide
* BOCC Review&Approval
Conceptual
Guide
Final Plan:
* Specific Administrative Review 45 60
Guide
* BOCC Review&Approval 45-60 90
Conceptual
Guide
TOTAL: Specific Guide 150 160 240
Conceptual Guide 150 195 270
Sec. 27-4-20. Requirements for submittal. PUD Sketch Plan Step 1
2. The approximate size and type of any public and private common open space and semi-public uses,
including parks, recreation areas, school sites and similar uses.
5. The source of public water or, if an exception for a residential PUD of nine (9)five (5) lots or fewer is
granted by the Department of Planning Services, it shall adhere to Section 27-2-210 above. The public water
system shall also incorporate a permanent supply plan with alternatives for renewable water sources to ensure
water supply for the future.
16. A statement describing how the applicant intends to design adjacent roadways to meet the full typical
section specified by Weld County Public Works in tho County Transportation Plan and Chapter 24.
Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and
sidewalks, for example. Required improvements may also include the acquisition of right-of-way and
construction easements that will be dedicated to the public. The improvements attributed to the development
shall be consistent with the direct impact a particular development has on the County road system as
determined by a professional transportation study. The road improvements agreement and roadway
construction plans shall be considered by the Board of County Commissioners.
Sec. 27-4-30. Duties of Department of Planning Services. PUD Sketch Plan Step 1
B. The Department of Planning Services staff shall have the responsibility of ensuring all application
submittal requirements are met prior to initiating any office recommendation. Once a complete application is
submitted, staff shall send the application to the appropriate referral agencies for review and comment.
Referral agencies shall respond within twenty-eight (28) twenty one (21)days after the application is mailed.
The failure of any agency to respond within twenty-eight(28) twenty ono (21)days may be deemed as a
27
favorable response. All referral agency review comments are considered a recommendation to the County for
review of a sketch plan application. The referral agencies include:
Sec. 27-5-30. Requirements for submittal. PUD Change of Zone Step 2
C. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records-of-the
County (or adjacent County) Clerk and Recorder, by a person qualified to do the task and shall be current
as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of
Planning Services.
D. A certified list of the namoc and addrosses of mineral ownors and lessoos of mineral owners on or
under the parcel of land being considered. The source of such list shall be assembled from the records-of
the Clerk and Recorder, or from an ownership update derivod from such records of a title or abstract
company or an attornoy. 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 five hundred (500) 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 t hat such I ist was a ssembled within thirty(30) days oft he application submission d ate.
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.
Sec. 27-6-50. Component Two—service provision impacts. Development Guide Requirements
11. Structural Road Improvements Plan. Adjacent roadways shall be designed to meet the full typical
section specified by Weld County Public Works in the County Transportation Plan and Chapter 24 of this
Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter
and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and
construction easements that will be dedicated to the public. Improvements attributed to the development shall
be consistent with the direct impact a particular development has on the County road system as determined by
a professional transportation study. The road improvements agreement and roadway construction plans shall
be considered by the Board of County Commissioners. (Weld County Code Ordinance 2001-1)
Sec. 27-6-80. Component Five—common open space usage. Development Guide Requirements
A. Intent. Common open space is an essential community asset and an important component of a
development's design in urban scale development and in any PUD located in the MUD area. Common
open space attempts to preserve ecologically important environments, provides attractive views and space for
recreational activities and buffers the development from other land uses. The intent of Component Five is to
ensure that each development provides an appropriate amount and type of open space within the site.
B. Common Open Space Regulations. Common open space in urban scale development and in any
PUD located in the MUD area is intended to establish a sense of community and increase the quality and
uniqueness of each site. Common open space provides enjoyable space while adequately buffering various
uses.
4. The homeowners organization is responsible for liability insurance, taxes and maintenance of common
open space and recreational and other facilities.
7. All PUDs containing a residential element shall provide for a fifteen percent (15%) common open space
allocation, unless otherwise stated in Chapter 26 of this Code. Departure from this standard will be eeesldered
and may be approvod by the Department of Planning Services staff as long as the intent of this Chapter and
Chapter 26 have bccn mot. All urban scale development PUDs containing a residential element shall
provide for a fifteen percent(15%) common open space allocation, unless otherwise stated in Chapter
26 of this Code. Departure from this standard will be considered and may be approved by the
28
Department of Planning Services staff as long as the intent of this Chapter and Chapter 26 have been
met.
8. All PUDs subject to the common open space requirement may apply for a greater density and have
reduced common open space when applying the cash-in-lieu alternative listed herein.
1. The Department of Planning Services will be responsible for evaluating the common open space
O usage of the PUD for compatibility with Chapters 22, 23, 24 and 26 of this Code, if applicable.
lv 2. The applicant for a PUD with a common open space requirement shall provide a statement detailing
how any common open space will be owned, preserved and maintained in perpetuity. As needed, the
Planning Commission or its representative shall compare the development to date with the approved
construction plan to determine compliance, as follows:
Sec. 27-6-120. Review procedure for change of zone. Development Guide Requirements
1. Set a Planning Commission hearing date within sixty (60) days not loss than forty fivo (15) days nor
moro sixty(60)days after the complete application has been submitted.
2. Send the application to referral agencies for review and comment. The agency shall respond within
twenty-eight(28) twenty one (21)days after the application is mailed. The failure of any agency to respond
within twenty-eight(28) twenty one (21)days may be deemed a favorable response. All referral agency
review comments are considered a recommendation to the County for approval and denial of a change of
zone application. The referral agencies include those listed in Section 27-4-30 of this Chapter.
3. 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 PUD plan 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 fifteen (15)fourteen (14)days prior to the hearing. The
public 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.
2. The Secretary of the Planning Commission shall forward the official recommendation of the Planning
Commission and the information contained in the official record, which includes the Department of Planning
Services case file, to the Board of County Commissioners within fifteon (15)ten (10) days after said
recommendation has been made.
1. Set a Board of County Commissioners public hearing to take place not less than fifteen (15) days and
not more than within forty-five (45) days after receipt of the Planning Commission's recommendation, for
consideration of the proposed change of zone.
Sec. 27-7-30. Requirements for submittal. PUD Final
J. A separate off-site road improvements agreement proposal. Adjacent roadways shall be designed to
meet the full typical section specified by Weld County Public Works in tho County Transportation Plan and
Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes,
medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of
right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the
development shall be consistent with the direct impact a particular development has on the County road
system as determined by a professional transportation study. The road improvements agreement and
roadway construction plans shall be considered by the Board of County Commissioners. The off-site road
improvement proposal shall describe, in detail, the type of off-site road improvements to determine if the
requirement for street or highway facilities will be adequate in functional classification, width and structural
capacity to meet the traffic requirements. The method of guaranteeing the installation of off-site road
improvements shall be described as part of the agreement. The method of guarantee shall conform with the
County's policy regarding collateral for improvements at Section 2-3-30 of this Code.
29
M. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records-of-the
, by a person qualified to do the task and shall be current
as of a date no more than thirty (30)days prior to the date the application is submitted to the Department of
Planning Services.
N. A certified list of the names and addresses of mineral owners and lossoes of mineral owners on or
under the parcel of land being considered.-Tho source of such list shall be assembled from the ceser-ds-of
the Clerk and Recorder,-or from an ownership update from a title or abstract company or an attorney
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 five hundred (500) 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 t hat such I ist was a ssembled within thirty(30) days oft he application submission d ate.
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.
Sec. 27-7-40. Review procedure for final plan. PUD Final
a. Send the application to referral agencies for review and comment. The agency shall respond within
2 twenty-eight(28) twenty ono (21) days after the application is mailed. The failure of any agency to respond
within twenty-eight(28) twenty one (21)days may be deemed a favorable response. All referral agency
review comments are considered recommendations to the County. The authority and responsibility for
approval and denial of a final plat application rests with the County. The referral agencies include those listed
in Subsection 27-4-30 B.1 of this Chapter.
a. Set a Board of County Commissioners hearing date within not loss than forty five (45)days nor more
sixty (60) days after the complete application has been submitted.
b. Send the application to referral agencies for review and comment. The agency shall respond within
twenty-eight(28) twenty one(21)days after the application is mailed. The failure of any agency to respond
within twenty-eight(28) twenty one (21)days may be deemed a favorable response. All referral agency
review comments are considered a recommendation to the County for approval and denial of a final plan
application. The referral agencies include those listed in Section 27-4-30 B.1 of this Chapter.
e. The Department of Planning Services shall post a sign for the applicant on the property under
consideration for a PUD final plan. The sign shall be posted adjacent to and visible from a publicly maintained
road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road
right-of-way, one (1) sign shall be posted at the point at which the driveway(access drive) intersects a publicly
maintained road right-of-way. The sign shall be posted at least fifteen (15) days prior to the hearing and
evidenced with a photograph.
Sec. 27-9-10. Sketch plan map requirements. PUD Mapping
E. Outline of the proposed PUD perimeter. The proposed location of land uses by block and lot, including
block and lot sizes in acres, gross density and number of each type of residential unit; approximate floor areas,
height and type of businesses, commercial and industrial uses; and the location of common open space areas,
i.e.,
public parks and similar uses. The percentage of common open space shall be delineated on the map.
I. Vicinity map, located on either the sketch plan map or an additional map, showing the location of the
PUD in relation to the general area, roadways, irrigation ditches and water features, professionally drawn at a
scale of one (1) inch equals two thousand (2000) six hundred (600)feet or an approved scale by the
Department of Planning Services, with an outer dimension of twenty-four(24) by thirty-six (36) inches showing
the following items:
30
Sec. 27-9-20. Change of zone and final plat map requirements. PUD Mapping
The following criteria are required for the change of zone and final plan plat associated with the PUD process:
The change of zone and final plan plat map shall be in black drawing ink on Mylar (not sepia) at a scale of one
(1) inch equals one hundred (100)feet, one (1) inch equals two hundred (200)feet or a scale approved by the
Department of Planning Services, composed of one (1) or more sheets with an outer dimension of twenty-four
(24) by thirty-six (36) inches, showing the following information:
Sec. 27-10-10. Purpose. Cluster PUD
C. To encourage development which fosters continued agricultural land uses and protects the County's
rural character, agricultural heritage and the character of existing communities while recognizing private
property rights.
D. To recognize Weld County's Right to Farm in Chapter 22 Appendix 22-E and W.Coal 3 in Chapter
22, Chapter 23 and all applicable County ordinances in effect.
Sec. 27-10-20. Standards. Cluster PUD
C. A minimum of two-thirds (67%) of the total area of the tract must be reserved for the preservation of
contiguous land.
F. The intent of the A(Agricultural)Zone District as outlined in Chapter 23 the Zoning Ordinance and the
Comprehensive Plan Chapter 22 of the Weld County Code, including Weld County's Right to Farm
Appendix 22-E, shall be met.
31
CAROL Harding -Amendment to Second Reading for Code Ordinance 2003-10 Page 1 I
From: BRUCE Barker
To: Gesick, ESTHER; Harding, CAROL
Date: 1/16/04 10:06AM
Subject: Amendment to Second Reading for Code Ordinance 2003-10
Bill suggests to change the first sentence of 24-8-20 C. 2. and 24-8-20 C. 3. to be identical and to read as
follows:
"The three-lot recorded exemption application shall include the total contiguous land ownership."
This would require the elimination of the remainder of those first sentences, which says the following:
"equal to no less than one-hunred sixty(160) acres, or is a parcel otherwise recognized as a complete
quarter section."
CC: Mika, MONICA
EXHIBIT
aind
D?. ' 3-io
if
y++� DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Itt . _' Greeley, CO 80631
Phone(970) 353-6100, Ext. 3540
Fax (970) 304-6498
mmika@co.weld.co.us
COLORADO
January 8, 2004
CRMCA/CRPA
C/o Paul Schauer
6880 S. Yosemite Ct
Ste. 150
Centennial, CO 80112
Dear Sir or Madam:
The Weld County Board of County Commissioners has begun the process to modify the existing regulations for mining
extraction. There will be a total of three public hearing before the final ordinance goes into effect.The first reading was
January 5,2004,the second reading will be January 26, 2004,the third reading will be February 18,2004 with the
ordinance going into effect March 1, 2004. This information can be obtained through the Weld County Web page. The
address is www.co.weld.co.us. In the right column on the page select Policies and Ordinances. The ordinance
including the mining regulations is Final Ordinance 2003-10. Select this ordinance and the complete text can be reviewed.
Attached are copies of the proposed changes made to the Industrial (1-2 & 1-3) Zone Districts along with additional
supplemental information regarding water usage.
Please direct any additional comments to Monica Mika, Director of Planning Services, 970-353-6100 or email them
at MmikaZoco.weld.co.us
Sincerely,
The Department of Planning Services
enclosure
EXHIBIT
M:'\,WPFiLES\VoneemMcnica work\Mining Letter with Proposed Changes.doc . And
I I
Sec. 23-3-320. I-2 (Industrial) Zone District.
A. Intent. The purpose of the I-2 Zone District is to provide a zone to accommodate industrial USES
which cannot conform to the stringent visual impact requirements of the I-1 Zone District and which do not
want to be subjected to the potential adverse visual impacts permitted in the I-3 Zone District. The intent
is to permit industries which may create moderate visual impacts.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING
or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained,except for one (1)
or more of the following USES which must be conducted in compliance with the performance standards
contained in Sections 23-3-340, 23-3-350 and 23-3-360 below.
1. Any USE of a research,repairing,manufacturing,fabricating,processing, assembling or storage
nature may be conducted in the I-2 Zone District. The USES identified may be conducted outside of an
ENCLOSED building, provided that the USE and/or operations of the USE are S GREENED from
ADJACENT public rights-of-way and ADJACENT properties.
2. Areas for parking vehicles or equipment,so long as such parking areas are SCREENED from the
ADJACENT public rights-of-way and on adjacent properties zoned R-1, R-2, R-3, R-4, R-5, C-1, C 2,
C-4 or I-1.
3. SIGNS, as long as the SIGNS are located and designed in accordance with the requirements of
Article IV, Division 2 of this Chapter.
4. UTILITY SERVICE FACILITIES.
5. PUBLIC SCHOOL extension classes.
6. Police and fire stations or facilities. •
7. Disposal of domestic sewage sludge subject to the additional requirements of Article IV,Division
6 of this Chapter.
C. Accessory Uses. The following BUILDINGS,STRUCTURES and USES may be allowed in the I-2
Zone Districts so long as they are clearly incidental and ACCESSORY to the Use Allowed by Right. Such
BUILDINGS,S I_RUCTURES and USES must be designed, constructed and operated in conformance with
the performance standards set forth in Sections 23-3-340,23-3-350 and 23-3-360 below.
1. OFFICES for use by operators of the Use Allowed by Right.
2. Loading areas or STRUCTURES only when SCREENED from the ADJACENT public rights-of-
way and on ADJACENT properties zoned R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-4 or I-1.
3. Parking areas or STRUCTURES for vehicles or equipment, so long as the vehicles or equipment
are SCREENED from the ADJACENT public rights-of-way and on ADJACENT properties zoned R-1.
R-2, R-3, R-4, R-5, C-1, C-2, C-4 or I-1.
4. One (1) MOBILE HOME when USED as living quarters for caretakers or security personnel
responsible for maintaining or guarding the property,subject to the provisions of Section 23-4-220 of this
Chapter.
5. RECREATIONAL FACILITIES for the USE of persons employed in the conduct or maintenance
of the USES allowed on the property. •
6. Retail sales, when ACCESSORY to USES of manufacturing, fabricating or assembling.
D. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed,occupied or maintained in the I-2 Zone District upon the approval of a permit in accordance with
the requirements and procedures set forth in Article II, Division 4 of this Chapter.
set forth in Article II,Division 4 of this Chapter.
1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2. MAJOR FACILITIES OF PUBLIC UTILITIES.
3. COMMERCIAL JUNKYARD or salvage YARD.
4. OIL AND GAS STORAGE FACILITIES
5. Asphalt and Concrete Batch Plants
6...,..CoaLGasit"ication_Eacilities,.
7. Open Pit Mining r .Materials Processing subject to provis' of Article IV, Division 4
of the Chapter
8. Microwave, Radio,Television or other Communication Towers over forty-five (45) feet
in height (measured from ground level)
E. Site Plan Review Required. No land,BUILDING or STRUCTURE shall be USED,changed in USE
or type of occupancy,DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or
operated in the I-2 Zone District until a Site Plan Review has been approved by the Department of Planning
Services. It shall be necessary that the applicant in the I-2 Zone District certify and state that the
performance standards and district requirements that are applicable to the DEVELOPMENT and USES of
property zoned I-2 have been or shall be complied with according to the intent of Article II,Division 3 of
this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the I-2 Zone District shall be exempt from the Site Plan
Review process and shall make application for approval of a permit in accordance with the requirements and
procedures set forth in Article II, Division 4 of this Chapter. Commercial towers subject to the provisions
of Section 23-4-800.
F. Performance Standard Compliance Required. All BUILDINGS, STRUCTURES and land located in
the I-2 Zone Districts shall he located, designed,USED and occupied in such a manner that the design and
operation standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below are met.
G. Performance StandardsBuil. See Sections 23-3-340,23-3-350 and 23-3-360 below.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9)
Sec. 23-3-330. I-3 (Industrial) Zone District.
A. Intent. The purpose of the I-3 Zone District is to provide a zone to accommodate industrial USES
which may create adverse visual impacts for ADJACENT USES. As a result, such uses may required
locations relatively isolated from other land USE types.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING
or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one (1)
or more of the following USES which must be conducted in compliance with the performance standards
contained in Sections 23-3-340, 23-3-350 and 23-3-360 below.•
1. Any USE of a research, repairing,manufacturing, fabricating,processing, assembling or storage
nature may be conducted in the I-3 Zone District.
2. SIGNS, as long as the SIGNS are located and designed in accordance with the requirements of
Article IV. Division 2 below.
3. Parking or vehicles and equipment.
4. UTILITY SERVICE FACILITIES.
5. PUBLIC SCHOOL extension classes.
6. OIL AND GAS PRODUCTION FACILITIES.
7. Police and fire station or facilities.
8. Disposal of domestic sewage sludge subject to the additional requirements of Article IV,Division
6 of this Chapter.
9. Temporary facilities for the sale of fireworks and Christmas trees.
C. Accessory Uses. The following BUILDINGS,STRUCTURES and USES may be allowed in the I-3
Zone Districts so long as they are clearly incidental and accessory to the Use Allowed by Right. Such
BUILDINGS,STRUCTURES and USES must be designed, constructed and operated in conformance with
the performance standards set forth in Sections 23-3-340, 23-3-350 and 23-3-360 below.
1. OFFICES for USE by operators of the Use Allowed by Right.
2. Loading areas or STRUCTURES.
3. Parking areas or S I RUCTURES.
4. One (1) MOBILE HOME when USED as living quarters for caretakers or security personnel
responsible for maintaining or guarding the property,subject to the provisions of Section 23-4-220 of this
Chapter.
5. RECREATION FACILITIES for the USE of persons employed in the conduct or maintenance of
the USES allowed on the property.
6. Retail sales, when ACCESSORY to USES of manufacturing, fabricating or assembling.
Uses Jay Special Rey'iew,;,._ The following BUILDINGS, STRUCTURES and USES may be
constructed,occupied or maintained in the I-3 Zone District upon the approval of a permit in accordance with
the requirements and procedures set forth in Article II, Division 4 of this Chapter.
1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2. MAJOR FACILITIES OF PUBLIC UTILITIES.
3. COMMERCIAL Ji"?{YARD or salvage YARD.
4. OIL AND GAS S1..,RtAGE FACILITIES
5. Asphalt and Concrete Batch Plants
6. Coal Gasification Facilities
7. Open Pit Mining and Materials Processing subject to provisions of Article IV,Division 4
of the Chapter
8. Microwave,Radio,Television or other Communication Towers over forty-five (45) feet
in height (measured from ground level)
E. Site Plan Review Required. No land,BUILDING or STRUCTURE shall be USED,changed in USE
or type of occupancy,DEVELOPED, erected, constructed,reconstructed, moved or structurally altered or
operated in the I-3 Zone District until a Site Plan Review has been approved by the Depat fluent of Planning
Services. It shall be necessary that the applicant in the I-3 Zone District certify and state that the
performance standards and district requirements that are applicable to the DEVELOPMENT and USES of
property zoned I-3 have been or shall be complied with according to the intent of Article II, Division 3 of
this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed m
Subsection D above as Uses by Special Review in the I-3 Zone District shall be exempt from the Site Plan
Review process and shall make application for approval of a permit in accordance with the requirements and
procedures set forth in Article II,Division 4 of this Chapter. Commercial towers subject to the provisions
of Section 23-4-800.
F. Performance Standard Compliance Required. All BUILDINGS, STRUCTURES and land located in
the 1-3 Zone Districts shall be located, designed. USED and occupied in such a manner that the design and
operation standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 below are met.
G. Performance Standards qui u d . See Sections 23-3-340,23-3-350 and 23-3-360 below.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2002-9)
Div.4. Open Mining
Sec.23-4-250. Purpose.
Before a Special Review Permit for the location of an open mining operation,asphalt plant or batch plant
(concrete)is issued,the Planning Commission and Board of County Commissioners shall determine through
public hearings that the following plans,maps,methods and studies,which shall accompany the application
for such permits,provide adequate protection of the health,safety and welfare of the inhabitants of the area
and the COUNTY.
Sec. 23-4-260. Application.
Any operator desiring such a permit shall file an application in such a form as prescribed by the Planning
Commission. The application shall contain the following information.
A. A complete and accurate legal description of the property for which the application is made.
B. The fee owners of the surface of the area to be mined.
C. The fee owners of the substance to be mined.
D. The source of the applicant's legal rights to enter and to open mine on the land affected by the
permit.
E. The address of the general OFFICE and the local address or addresses of the applicant.
F. Whether the applicant or any affiliated person holds or has held any other permits for open cut
mining and an identification of such permits.
G. A detailed description of the method of operation. Such description shall include:
1. The types and numbers of operation and processing equipment to be employed.
2. The number of shifts to be worked and the maximum number of employees.
3. Whether the operation will involve a wet or dry pit.
4. COUNTY roads and bridges to be utilized.
5. The size of the area and stages to be worked at any one time.
6. A timetable giving the periods of time which will be required for the various stages of the
operation.
7. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to
be removed.
8. The proposed use of reclaimed lands and an explanation of the reclamation process.
9. The source of technical advice in that type of reclamation for open cut mining land.
10. Any other information determined to be necessary by the Board of County Commissioners
to insure the protection of the health. safety and welfare of the inhabitants of the
County.
11. The applicant shall submit to the Depai lucent of Planning Services a copy of an agreement
with the mineral owners associated with the subject property. Such agreement shall
stipulate that the oil and gas activities on the subject property have been adequately
incorporated into the design of the site, OR shall provide written evidence that an adequate
attempt has been made to mitigate the concerns of the mineral owners on the subject
.property.
12. The applicant shall submit to the Depat lucent of Planning Services a copy of an agreement
with the owner of any ditch located on or adjacent to the site, OR shall provide written
evidence that an adequate attempt has been made to mitigate the concerns of the ditch
owners. The agreement shall stipulate that ditch activities have adequately been
incorporated into the design of the site. If such agreement cannot be reached, the applicant
shall present evidence that an adequate attempt to reach such agreement has been made.
(Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1)
13. The application should address the following items:
A. Water Consumption:
1. An analysis of the amount of water which will be required to be replaced
for each phase of the mining operation and build out.
2. The alysis should address the amount of wa' consumed in the
mining and processing of the material including dust suppression.
3. The analysis should address the issue of water consumed for domestic
purposes by on site staff
4. The analysis should address the issue of evaporative losses consumed
from exposed groundwater including a discussion of the feasibility of
lining.
B. Water Replacement Source:
1. A description of the surface and well water rights and their anticipated
yields when converted to be used as replacement for the water consumed
in the mining operation.
2. Projections as to the mining of replacements to the river system from
these sources
3. A description of methods proposed to monitor,prevent and mitigate
against direct injury to users for wells in the vicinity of the gravel
operation as a result of alterations in the groundwater regime occasioned
by the mining operation or to said impacts
DEPARTMENT OF PLANNING SERVICES
It
�„ 1555 N. 17th Avenue
� Greeley,CO 80631
Phone(970) 353-6100,Ext. 3540
Fax (970) 304-6498
WIIDC
mmika@co.weld.co.us
COLORADO
January 8, 2004
Dear Sir or Madam:
The Weld County Board of County Commissioners has begun the process to modify the existing regulations for mining
extraction. There will be a total of three public hearing before the final ordinance goes into effect.The first reading was
January 5,2004,the second reading will be January 26,2004,the third reading will be February 18,2004 with the
ordinance going into effect March 1,2004. This information cm be obtained through the Weld County Web page. The
address is www.co.weld.co.us. In the right column on the page select Policies and Ordinances. The ordinance
including the mining regulations is Final Ordinance 2003-10. Select this ordinance and the complete text can be reviewed.
Attached are copies of the proposed changes made to the Industrial (1-2 & 1-3) Zone Districts along with additional
supplemental information regarding water usage.
Please direct any additional comments to Monica Mika, Director of Planning Services, 970-353-6100 or email them
at Mmika(@co.weld.co.us
Sincerely,
The Department of Planning Services
enclosure
M:\WPFILES\Voneen\Monica wodcVvlining Letter.with Proposed Changes.doc
1/6/04 3:45 p.m.
Voneen,
The attached needs to be mailed individually the morning mail 1/7/04.
Please type individual letters, addressed, to the following people:
-Paul Shauer
-Rock Product 303
- Colorado Ready Mix Concrete Assoc
'fur,
Contact John Arellano— 303.295.1-F0 for addresses IQ 11L�
\WCQ rn \l E(
Add Monica's e-mail address to the return address below office mailing address.
'—Include Monica's e-mail address again in the last sentence.
'"-• Questions— see me (Pat)
Return copy to Monica.
?ftti \'hanks.,
Y,�� �c fell
t S S . �C50-fm
I5C,
�Ze C trod - CC
C
3b,D, <'D9 D• p3O3
OrtPi) etph
(j..) aty-n G=4 J .
Sec. 27-8-50. Failure to submit a PUD final plan.
If a PUD final plan application is not submitted within three (3)years of the date of the approval of the
PUD Zone District,the Board of County Commissioners shall require the landowner to appear before it and
present evidence substantiating that the PUD project has not been abandoned and that the applicant possesses
the willingness and ability to continue with the submittal of the PUD final plan. The Board of County
Commissioners may extend the date for the submittal of the PUD final plan application and shall annually
require the applicant to demonstrate that the PUD has not been abandoned. If the Board of County
Commissioners determines that conditions or statements made supporting the original approval of the PUD
Zone District have changed or that the landowner cannot implement the PUD final plan, the Board may, at
a public meeting liLai jug,revoke the PUD Zone District and order the recorded PUD Zone District reverted
to the original zone district. (Weld County Code Ordinance 2002-9)
EXHIBIT
Cri "Rai
�� nes, /0
‘71 MEMORANDUM
WIoeTO: Monica Mika, Director of Planning Services
COLORADO DATE: February 9, 2004
FROM: Kim Ogle, Planning Manager 4/D•
SUBJECT: Code Changes, Section 23-2-50
Suggested Modifications to Terminology
Telephone Conversation with Tom Finley, Geologist
Terra Logics Consulting, LLC
Post Office Box 7676
Loveland, CO 80537-0676 - -
Feb 18 - Final Reading of Code Ordinance #2003-10, In the Matter of Repealing
and Reenacting, with Amendments, Chapter 21 Areas and Activities of
Special Interest; Chapter 23 Zoning, Chapter 24 Subdivision, and
Chapter 27 Planned Unit Development, of the Weld County Code
Proposed Code Changes Section 23-2-50.E.7
A geotechnical wil „n • rai J 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
geotechnical soil survey and study indicates soils which present moderate or severe limitations
to the construction of STRUCTURES or facilities on the site, the applicant shall submit
information which demonstrates that the limitations can be overcome.
Mr. Finley proposes the following modification to terminology nomenclature:
Identify the Geotechnical Study referenced in Section 23-2-50.E.7 as an Engineering Geology
Report. This modification will enable Professional Geologists to perform a detailed analysis of
the subsurface condition.
As to not preclude Professional Engineers from providing a similar analysis, staff proposes
modifying the language to an Engineering Geology Report/ Geotechnical Study.
EXplIBff
-
K. The USE will not cause injury to vested or conditional water rights. If the USE may
result in injury to vested or conditional water rights, the applicant shall present a copy of
a well permit to the Department of Planning Services prior to recording the Plat or at a
time designated by the Board of County Commissioners either supported by a plan of
exchange or substitute supply approved by the State Engineer or a decreed plan for
augmentation approved by the District Court for Water Division No. 1 which prevents
injury to vested and conditional water rights.
K. •
+ + f th th + nda ^^ Prior to recording the Plat or at a time
designated by the Board of County Commissioners, a copy of a well permit
supported by a plan of exchange or substitute supply approved by the State Engineer
or a decreed plan for augmentation approved by the District Court for Water Division No.
1 which prevents injury to vested and conditional water rights shall be submitted to the
Department of Planning Services
EXHIBIT
_ 0
MEMORANDUM
WIne TO: Code Change Mnutes File
DATE: February 12, 2004
COLORADO
FROM: Kim Ogle, Planning Manager
SUBJECT: Meeting with Aggregate Operators
Discussion of County Permitting Policy
Meeting with Connie Davis, Aggregate industries
Jeff Gregg, Hall-Irwin
Bruce Barker, Attorney's Office
Lee Morrison, Attorney's Office
Kim Ogle
Davis began discussion by stating that the Aggregate Industry and their consultants have been
holding informational meetings in October, November and December 2003
Their review and discussion addressed
Mining Industry, State Engineers Office and DMG
Educational opportunities provided by the Aggregate Industry and their consultants for the
benefit of Staff, PC and the BCC
Issues
Third party Agreements, i.e., Oil and Gas concerns
Hall-Irwin provides a Stability Analysis report based on soil type and angle of repose from
encumbrances, gather lines, batteries and equipment.
Timing
Several requirements to be met prior to recording the plat whether or not the mining activity has
commenced. If information is requested prior to recording the issue of submitting information
after the fact does not exist, nor does it require continual monitoring by staff
Question? Whose burden is it?
State v. County Requirements, duplication of efforts?
Groundwater requirements, TSSP, Bottled Water, permanent water source
Who should regulate, State Engineers Office or County or both?
Concept of the materials presented, eliminate the "Gray Areas"
Staff to review the documents presented. Meet with attorney's office, make recommendations to
both parties and submit to BCC. Documents and recommendations to be submitted for review
prior to Monday February 23, 2004.
EXHIBIT
End comments.
Please review documents attached, specific to discussion of the proposed Code Changes
Section 23-4-260. Application.
Any operator desiring such a permit shall file an application in such a form as prescribed by the
Planning Commission. The application shall contain the following information.
A through G.12 - No change
13. The application should address the following items:
a. Water Consumption:
1) An analysis of the amount of water which will be required to be
replaced for each phase of the mining operation and build out
2) The analysis should address the amount of water consumed in the
mining and processing of the material including dust suppression.
3) The analysis should address the issue of water consumed for
domestic purposes by on site staff
4) The analysis should address the issue of evaporative losses
consumed from exposed groundwater including a discussion of the
feasibility of lining.
b. Water Replacement Source:
1) A description of the surface and well water rights and their
anticipated yields when converted to be used as replacement for the
water consumed in the mining operation.
2) Projections as to the mining of replacements to the river system
from these sources
3) A description of methods proposed to monitor, prevent and mitigate
against direct injury to users for wells in the vicinity of the gravel
operation as a result of alterations in the groundwater regime
occasioned by the mining operation or to said impacts
Section 23-4-280. Supporting documents.
The following documents or any other similar documents shall be submitted bythe applicant if
deemed necessary by the Board of County Commissioners for the protection of the health,
safety and welfare of the inhabitants of the County.
A- No change
B. Plans for obtaining water supplies to replace water consumed by mining and processing
of the material including dust control, consumed for domestic purposes by employees
and consumed by evaporative losses from exposed groundwater for the mining operation.
No change to remainder of section.
Section 23-4-290. Operations policies.
The policies outlined below represent a minimum model for operations standards for the
proposed USE. Stricter standards may be imposed by the Board of County Commissioners
during the review process to ensure the protection of the health, safety and welfare of the
inhabitants of the County.
A through J - No change.
•
•
K.
its boundaries Prior to recording the Plat or at a time designated by the Board of County
Commissioners, a copy of a well permit supported by a plan of exchange or substitute
supply approved by the State Engineer or a decreed plan for augmentation approved by the
District Court for Water Division No. 1 which prevents injury to vested and conditional water
rights shall be submitted to the Department of Planning Services.
WELD COUNTY PERMTT PROCESS
CODE/POLICY ADMINISTRATION NOTES
1. Operations Policies/Standards Column—all items in this colunm, which should include any
site specific Development/Extraction standards and, by reference only Sec. 23-2-240 Design
Standards, 23-2-250 Operation Standards and 23-4-250 Open Mining Standards, should be
placed on the plats. These are continuing standards of operation that are then governed by
the enforcement provisions of the County Code. Proving up these items is not practical or
necessary prior to recording or proceeding with certain aspects of the operation. For
example:
• Site preparation can be accomplished without exposing groundwater, therefore an
approved well permit/TSSP is not necessary prior to commencement of operations.
• Installation of groundwater monitoring wells to establish baseline information is often
done a year or more in advance of excavation. Air permits, discharge permits, gravel
pit well permits, etc. are not necessary or practical prior to recording the plat.
• Third party agreements can be negotiated any time prior to disturbances that
potentially affect a third party's interest. If a reasonable agreement cannot be
reached, it does not preclude the ability to mine areas that do not affect the third
party.
2. Water- 23-2-260 E.2. States that proof that a water supply will be available which is
adequate in terms of quantity, quality& dependability(e.g., a well permit or letter from a
water district).
• Need clarification/internal policy that this standard applies to potable water source for
employees.
• This is a general USR requirement applicable to other types of development to assure
water supply necessary for human consumption for"permanent" development. In
temporary mining operations,this is typically provided as bottled water and identified
as such in the application. . "Proof" (re bottled water)would not then be an
appropriate application requirement. Propose that alternative language be provided in
Open Mining standards with regard to identification of source of adequate water
supply for employees/customers, which may include bottled water.
• Water requirements associated with mining activity, i.e. TSSP's& permanent
augmentation plans, need to be addressed differently within the Open Mining
requirements and not considered within the framework of this particular standard.
3. Water—23-4-280.B. states that Plans for obtaining water supplies for mining operation(to
address evaporative losses) is an option of a supporting document that the Board of County
Commissioners may require. Need clarification/policy that the requirement is the Exhibit G
information provided in the DMG permit and not an approved TSSP or permanent plan of
augmentation.
4. Water—23-4-290G. &K. —these are operational standards associated with exposing
groundwater. Suggest that standard be written to provide that groundwater will not be
exposed prior to obtaining a gravel pit well permit and TSSP from the Office of the State
Engineer(and that evidence of approvals from the State shall be provided to the Department
of Planning Services).
5. Mineral Interests—Third party agreement is impractical and premature at time of application,
and lack of an agreement should not preclude proceeding with mining in areas that do not
affect the interests of the mineral owners. Propose an excavation standard that provides for
limitations in accordance with DMG standards. (Sample proposed language available, but
has not been presented to/reviewed by other industry representatives.)
6. Ditch Interests—Third party agreement is impractical and premature at time of application,
and lack of an agreement should preclude proceeding with mining in areas that do not affect
the ditch. Propose that excavation standard provide for limitations in accordance with DMG
standards.
7. DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the
COUNTY that governs the USE and/or operation of a Special Review Permit. The list is
placed on the Special Review Plan map prior to recording the map with the County Clerk and
Recorder. Development Standards are referenced under USR,but not under Open Mining.
Are these the same as or in addition to"Extraction Standards"?
8. If all Standards are to be incorporated by reference,then need to assure that there are no conflicts
between them.
9. Extraction Standards. This is referenced as required to be placed on the Extraction Plan Map
[23-4-270.B.11], but there are no extraction standards set forth in the Code and there is no
other reference to who sets forth such standards. Assume these are similar to"Development
Standards", but are Extraction Standards in lieu of or in addition to"Development
Standards"? Or, are these the Operations Policies under 23-4-290 (as opposed to Operations
Standards as set forth in the general USR process under 23-2-250)?
10. "A minimum of ten(10)feet of clearance from any existing power line or future power line
shall be maintained at all times as outlined by State Statute." This appears as a required
delineation on the plat in Planning Deparment recommended conditions of approval prior to
recording the plat. What is really required here? A line on the drawing? A plat note? This
is really covered under"Operations Policies" of the Open Mining standards and should not
have to be otherwise addressed.
10.a. What is basis for allowing Planning Commission to approve or disapprove an
agreement between the operator and the owner of a residence for mining closer than 125
feet?
10.b. What is basis for allowing Planning Commission to determine that greater setbacks
than mentioned in this section may be required if in its opinion it is justified. Suggest using
same criteria as DMG re setbacks from man-made structures.
11. Landscaping
• 23-2-240.A. and 23-2-260.C. are part of the application requirements for basic USR
that are subject to approval of BCC.
• 23-4-290.D. and 23-4-270.B.3. provide basic information but no specific
requirements. Typically, landscaping during mining operation is for visual &noise
buffering, dust& erosion control, which satisfies the regulations for the temporary
impacts of the mining operation. The reclamation plan provides the"final
landscape". These information is submitted as part of application/drawing
requirements and approved by BCC.
• A separate Landscape,Berm& Screening plan, which is often required by Planning
Dept as a matter of policy, is not necessary. The nature and extent of this policy has
also been left to Planning Dept. discretion for"review and approval" rather than
allowing the mining and reclamation plans, which receive BCC approval, to prevail.
More extensive"landscape" plans have been expected by some Planners. Need
written policy.
• Existing trees—are existing trees considered"landscaping". If there are natural trees
that will be excavated, why should they be shown as part of a"landscape" plan.
12. Reclamation—Code really is not clear about requiring that a copy of the DMG permit
application documents be submitted with application. They usually are, and should be. The
DMG reclamation documents provide specifics required in various parts of the County Code,
addressing information such as"landscaping" (stockpile berms,temporary revegetation),
water sources and reclamation. Would it be beneficial to require a copy of the DMG
application documents,to be incorporated by reference as part of the County permit, and then
set forth any additional specific County Code requirements that are not required and provided
in the DMG application?
•
WELD COUNTY PERMIT PROCESS
REGULATORY AUTHORITY MATRIX
ACRONYM DEFINITIONS
APEN Air Pollution Emission Notice
AST Above Ground Storage Tank
BCC Board of County Commissioners
CDOT Colorado Department of Transportation
CDPHE Colorado Department of Public Health and Environment
DMG Division of Minerals and Geology(Colorado)
DOW Division of Wildlife(Colorado)
EPA Environmental Protection Agency
FMCSA Federal Motor Carrier Safety Administration
MSHA Mine Safety and Health Administration
OIS Oil Inspection Section(of the Colorado Department of Labor&
Employment)
SARA Superfund Amendments and Reauthorization Act of 1986
SEO State Engineers Office
SPCC Spill Prevention, Control and Countermeasures
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
USR Use by Special Review
UST Under Ground Storage Tank
WELD COUNTY PERMIT PROCESS
REGULATORY AUTHORITY MATRIX
ACRONYM DEFINITIONS
APEN Air Pollution Emission Notice
AST Above Ground Storage Tank
BCC Board of County Commissioners
CDOT Colorado Department of Transportation
CDPHE Colorado Department of Public Health and Environment
DMG Division of Minerals and Geology(Colorado)
DOW Division of Wildlife (Colorado)
EPA Environmental Protection Agency
FMC SA Federal Motor Carrier Safety Administration
MSHA Mine Safety and Health Administration
OIS Oil Inspection Section(of the Colorado Department of Labor&
Employment)
SARA Superfund Amendments and Reauthorization Act of 1986
SEO State Engineers Office
SPCC Spill Prevention, Control and Countermeasures
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
USR Use by Special Review
UST Under Ground Storage Tank
Hello