HomeMy WebLinkAbout941611.tiff AR2409193
ORDINANCE NO. 89-BB
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN
SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY
ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES,
TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE
OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is
vested with the authority of administering the affairs of Weld County, Colorado,
and
WHEREAS, the Board of County Commissioners has the power and authority
under the Weld County Home Rule Charter and State statute, including Article 28
of Title 30, CRS, to adopt zoning regulations for the unincorporated areas of the
County of Weld, and
WHEREAS, the Board of County Commissioners of Weld County, Colorado, has
previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing
a comprehensive revision of the zoning regulations and zoning maps for
unincorporated areas of the County of Weld, and has adopted amendments in
Ordinances No. 89-A through 89-AA, and
WHEREAS, said Ordinance No. 89, as amended, is in need of revision and
clarification with regard to procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing sections of said
Ordinance No. 89, as amended, are repealed and re-enacted, with amendments, and
the various sections are revised to read as follows:
Amend Section 21.5.1 to read:
The Planning Commission shall hold a hearing to consider the application
for the Change of Zone. The public hearing may involve either the
rezoning application alone or may include the review of concurrent
applications under Weld County's regulations concerning Uses by Special
Review, Overlay Districts, or subdivisions. The Planning Commission shall
provide recommendations to the Board of County Commissioners concerning
the disposition of the requested change. The Planning Commission shall
recommend approval of the request for the Change of Zone only if it finds
that the applicant has met the standards or conditions of Sections 21.5. 1
and 21.7. The applicant has the burden of proof to show that the
standards and conditions of Sections 21.5. 1 and 21. 7 are met. The
applicant shall demonstrate:
M: PL:f'q
2409193 8-1461 P-689 10/03/94 03:17P PG 1 OF 5 REC DOC 941611
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
RE: ORDINANCE #89-BB
PAGE 2
Amend Section 21.6.2 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. In making a decision on
the proposed Change of Zone, the Board shall consider the recommendation
of the Planning Commission and, from the facts presented at the public
hearing and the information contained in the official record which
includes the Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the Change of Zone only
if it finds that the applicant has met the standards or conditions of
Sections 21.6.2 and 21.7. The applicant has the burden of proof to show
that the standards and conditions of Sections 21.6.2 and 21.7 are met.
The applicant shall demonstrate:
Amend Section 24.3.1 to read:
The Planning Commission shall hold a hearing to consider the application
for the Special Review Permit. The public hearing may involve either the
Special Review Permit application alone or may include the review of
concurrent applications under Weld County's provisions for Overlay
District, Section 50. The Planning Commission shall provide
recommendations to the Board of County Commissioners concerning the
disposition of the requested Special Review Permit. The Planning
Commission shall approve the request for the Special Review Permit only if
it finds that the applicant has met the standards or conditions of
Sections 24.3. 1, 24.5 and 24.6. The applicant has the burden of proof to
show that the standards and conditions of Sections 24.5, 24.6 and 24.3. 1
are met. The applicant shall demonstrate:
Amend Section 24.4.2 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. In making a decision on
the proposed Use by Special Review, the Board shall consider the
recommendation of the Planning Commission and, from the facts presented at
the public hearing and the information contained in the official record
which includes the Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the Special Review
Permit only if it finds that the applicant has met the standards or
conditions of Sections 24.4.2, 24.5 and 24.6. The applicant has the
burden of proof to show that the standards and conditions of 24.4.2, 24.5
and 24.6 are met. The applicant shall demonstrate:
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ORD89BB
RE: ORDINANCE 1189-BB
PAGE 3
Amend Section 25.5.1 to read:
The Planning Commission shall hold a hearing to consider the application
for the Special Review Permit. In making a decision on the proposed
Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY, the
Planning Commission shall, from the facts presented at the public hearing
and the information contained in the official record, which includes the
Department of Planning Services case file, approve the request for the
Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY only if it
finds that the applicant has met the applicable conditions of Section
25.8. The applicant has the burden of proof to show that the applicable
conditions of Section 25.8 are met. The Planning Commission has final
permit review authority for a MAJOR FACILITY OF A PUBLIC UTILITY as
described in Section 25.1
Amend Section 28. 7. 1. 1 to read:
The Planning Commission shall hold a hearing to consider the application
for the Change of Zone to a PUD District. The Supplementary District
Regulations, Section 40, and the Overlay Districts, Section 50 when
applicable, may also be reviewed concurrently. The Planning Commission
shall provide recommendations to the Board of County Commissioners
concerning the disposition of the requested change. Such recommendations
shall be made within sixty (60) days of the initial hearing date. The
Planning Commission shall recommend approval of the request for the Change
of Zone of a Planned Unit Development District only if it finds that the
applicant has met the applicable requirements or conditions of Sections
28.5 and 28.7 The applicant has the burden of proof to show that the
standards and conditions of Sections 28.5 and 28. 7 are met. The applicant
shall demonstrate:
Amend Section 28.8.1.2 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. The Board shall make a
decision on the application within sixty (60) days of the initial hearing
date. In making a decision on the proposed Change of Zone, the Board
shall consider the recommendation of the Planning Commission and, from the
facts presented at the public hearing and the information contained in the
official record which includes the Department of Planning Services case
file, the Board of County Commissioners shall approve the request for the
Change of Zone to a Planned Unit Development District only if it finds
that the applicant has met the applicable requirements or conditions of
Sections 28.5 and 28.8. The applicant has the burden of proof to show
that the standards and conditions of Sections 28.5 and 28.8 are met. The
applicant shall demonstrate:
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RE: ORDINANCE #89-BB
PAGE 4
Amend Section 28. 13. 1 to read:
The Planning Commission shall hold a public hearing to consider a Planned
Unit Development Plan application. The Planning Commission shall provide
recommendations to the Board of County Commissioners concerning the
disposition of the requested Planned Unit Development Plan. Such
recommendations shall be made within sixty (60) days of the initial
hearing date. The Planning Commission shall recommend approval of the
request for the Planned Unit Development Plan only if it finds that the
applicant has met the applicable requirements or conditions of Sections
28.9, 28. 10, 28.11, and 28. 13. The applicant has the burden of proof to
show that the standards and conditions of Sections 28.9, 28. 10, 28. 11, and
28. 13 are met. The applicant shall demonstrate:
Amend Section 28. 14. 1.6 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. The Board shall make a
decision on the application within sixty (60) days of the initial hearing
date. In making a decision on the proposed Planned Unit Development Plan,
the Board shall consider the recommendation of the Planning Commission
and, from the facts presented at the public hearing and the information
contained in the official record which includes the Department of Planning
Services case file, the Board of County Commissioners shall approve the
request for the Planned Unit Development Plan only if it finds that the
applicant has met the applicable requirements or conditions of Sections
28.9, 28. 10, 28. 11 and 28. 14. The applicant has the burden of proof to
show that the standards and conditions of Sections 28.9, 28. 10, 28.11 and
28. 14 are met. The applicant shall demonstrate:
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided
to be unconstitutional, such decision shall not affect the validity of the
remaining portions hereof. The Board of County Commissioners hereby declares
that it would have enacted this Ordinance in each and every section, subsection,
paragraph, sentence, clause, and phrase thereof irrespective of the fact that any
one or more sections, subsections, paragraphs, sentences, clauses, or phrases
might be declared to be unconstitutional or invalid.
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ORD89BB
RE: ORDINANCE #89-BB
PAGE 5
The above and foregoing Ordinance Number 89-BB was, on motion duly made and
seconded, adopted by the following vote on the 26th day of September, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Laideth WELD COUNTY, COLORADO
Weld County Cler e Board / 6 (17;/) J ITTO
l2
W. H. Webster, Cha' rma
BY: .
Deputy C k ‘to the Board Dale K Ha 1, Pro-Tem
/r/
APPROVED AS TO FORM: A eorge Baxter(?Ay
ounty Atltorneyl Constance L. Harbert
Barbara J. Kirkmeye'r
r
First Reading: August 29, 1994
Publication: September 1, 1994
Second Reading: September 12, 1994
Publication: September 15, 1994
Final Reading: September 26, 1994
Publication: September 29, 1994
Effective: October 4, 1994
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HEARING CERTIFICATION
DOCKET NO. 94-34
RE: AMENDMENTS TO WELD COUNTY ZONING ORDINANCE, ORDINANCE NO. 89-BB
A public hearing was conducted on August 29, 1994, at 9:00 a.m. , with the
following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Carol Harding
County Attorney, Bruce Barker
Director of Planning Services, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated August 3, 1994, and duly
published August 11, 1994, in the Windsor Beacon, a public hearing was
conducted to consider Amendments to the Weld County Zoning Ordinance,
Ordinance No. 89-BB. Bruce Barker, County Attorney, made this a matter of
record. Chuck Cunliffe, Director of Planning Services, entered the
favorable recommendation of the Planning Commission into the record as
written. Mr. Barker read Ordinance No. 89-BB into the record. In
response to Commissioner Harbert's request, Mr. Cunliffe summarized the
changes being made by this amendment. He said the main changes are
clarifying the burden of proof for an applicant applying for a land-use
application; changing the numbers in the PUD section, which over the past
years had been transposed; and deleting the requirements of a Site Plan
Review for property zoned R-4 (High Density Residential) , Commercial,
Industrial, and Planned Unit Development. There was no public testimony
offered concerning this matter. After discussion, Commissioner Hall moved
to approve Ordinance No. 89-BB on first reading. Seconded by Commissioner
Baxter, the motion carried unanimously.
This Certification was approved on the 31st day of August, 1994.
,J�� APPROVED:
ATTEST: 11441 , it% BOARD OF COUNTY COMMISSIONERS
C GG WELD COUNTY,
COLORADO
Weld
Weld County Clerk to t Board By: W. H. Webste , C`f h� 'J
a'rman
Deputy Clerk t the Board
Dale . Hall, Pro- m
TAPE #94-34 ///(/�J
George Baxter
DOCKET #94-59 f�'
Co tance L. Harbert
ORD89
L
Barbara J. Kirk; er
0RD89-BB
dd.,' f=t
r w and to lake final
OMe1ANCe MOAN/ ' a�1 int W{°�. 'a4. n. In making.
IN THE MATTER OF THE limaantMas mat w slat- decision on the proposed Use
~
REPEAL AND ME-ENACT- Ms aka of Swans by Special Review,the Board
SENT,YIITH AMENDMENTS2/.8,1 rk1)
2 ..The Melanieh e e consider
raun-
OF CERTAIN SECTIONS, has the burden of proof to dation of the Planning
AND THE ADDITION OF CER- show that the standards and Commission and, from the
TAIN SECTIONS TO ORDI- conditions of Sections 21.5.1 facts presented at the public AFFIDAVIT OF PUBLJCATION
NANCE NO. 89, WELD and 21.7 are met. The appli- hearing and the information
COUNTY ZONING OROI. cent shall demonstrate contained in the official record
NANCE, AS CURRENTLY wnianmdndesmeDevamnant STATE OF COLORADO
AMENDED, REVISING AND Amend Section 21.6.2 to read: of Planning Services case file,
ADDING CERTAIN PROCE- the Board of County a SS
m
The Board of County Comissioners shall approve
DUDES, TERMS, AND
REQUIREMENTS Commissioners shall hold a w request for the Special COUNTY OF WELD
public hearing to consider the Rsvew Permit only if it finds
BE IT ORDAINED BY THEappl actiolnation and thereon. to
rang a Mspards olrat hes met the
conditions of I, ROGER A. LIPKER, of said County of Weld, being duly
BOARD OF COUNTY COM- derision on the proposed Seams 24.4.2, 24.5 and sworn,say that I am publisher of •
MISSIONERS OF THE Change of Zone, the Bane 241. The applicant has the
COUNTY OF WELD, STATE Wyk consider the recommit- burro,of proof a slow that
OF COLORADO: debon of the Planning the standards and conditions
WINDSOR BEACON
Commission and, from w of 24.4.2.24.5 and 24.6 are
WHEREAS, the Board of le,s presented at the pubic mat. The applicant shall
County Commissioners of the basting and the information demonstrate: a weekly newspaper having a general circulation in said
County of weld, State of oq,ylned in the official reared
Pepe
Colorado, pursuant to wsdi includes theDepanent AmaldSepdon25.5.leeed: County and State, published in the town of WINDSOR, in
Colorado statute and the Weld of panning Services cat is said County and State; and that the notice, of which the
' County Home Rule CJeder,is 2y Board of COWS The Planning Commission
mated with the authors a i Commissioners shag a{{row coil hold aheamgtocored- annexed is a true copy, has been published in said weekly
administering the affairs of the,.quest for the Chen.if Sr the application for the for / successive weeks, that the notice was
Weld Counts Colorado,and tens only d it finds Ma w Special Review Panne In
WHEREAS, the Board of applicant has met the S making a decision on the pro. Published in the regular and entire issue of every number d
pro-
WHEREAS,Commissioners the o a of duds or conditions of Secdw posed Special germ Parr the paper during the period and time of publication, and in
County e power and authority underhas 2113 and 21.7.The appYlee4 for s MAJOR FACILITY Cf A the newspaperproper and not in a.supplement,lement, and that
the Countyn Hoins Rule hM me burden of pea r PwJC UTILITY,w Plamsg P PP
theCh Weldrter and slate statute, show that the senders as Csmm esion she, hem w the first publication of said notice was in said paper bearing
conditions of Sections 21.6.2 faces presented at lie public
including ASS 26 a Tde 30, and 21.7 are 9 met. The s tiering and the k ed donnon the date of the 71�- •
CRS,to adopt zoning repute- cantMnt shall demonstrate: contained in the oI I record 0Z 'day of - Le,1"-P--(,-- AD., 19 iii and the
Lions for the unincorporated Midi Includes the D.peee..I
areas of the County of Weld, Amend Section 24.3.1 to reed: el wining semen ass lee, last publication bearing the date of the
and aspen* the request for the day of AD., 19_ and that
The Planning Commission Special Review Pomp for a the said WINDSOR BEACON has been published
DinerWHEREAS, the Board of shoe hold a hearing to D MAJOR FACILITY OF A P1.5-
County Commissioners of at the application for the QC UTILITY only if it finds that continuously rind uninterrrptedly for the period of 5
Weld County Colorado, has Special Review Permit. The the applicant has met the t'onsecufive weeks, in said County and State, prior to the
previously adopted Ordiwee public hearing may involve applicable conditions of
No. Be, Wald County Zoning either the Special Review ' Semen 25.8. The applicant Cate of first publication of said n tice, and the same is a
Ordinance, establishing a Permit application idols or has re burden or proof to newspaper within the meaning of an Act to regulate printing
compMw,we revision el re my include the review of coo- show that the applicable condi- P g P n9
zoneg soybeans and toning current applications ender sons ol Section 25.5 ash met. of legal notices and advertisements, approved May 18,
nips la unincorporated eras weeq 4puntys provisions Sr The Planning Commission has 1931, and all prior acts so far as in force.
of w County of Weld,endives urrn+Diatd 1, Section 50. Met permit review authority for ,///n//J
adoptedOrdinances son.89-A ffw In The Planning Ccommetlon s MAJOR FAC as d OF A /,N tiv.
89-l& No.she-A through shall provide recommend,-enh- In Se nUTILITY5.1 as described
BB-M and eons to the Board of Cony Ni Section 25.1
Commissioners concernkg w4�Y1�)
WHEREAS,'said Ordinuos the deposition of the saute Amend Section" '.Y:i.Y' to p
No.Bp,Mewnded,is in need ed Special Review poppy, reed: /' ISFIER
of flex end clarifioeen The Planning Commission f
with rspatM,3 to procedures, shell approve the request for The Planning Commissionthis '1/ day of
tense,andyWirements there- the Special Review Permit shall hold a hearing to consld- Subscribed/a-nd sworn t � to before a
M. Only if it finds that the applicant er the application for the xi./lYp4-s�--I-4t-- 19
has met the standards or con- Change of Zone to a PUD /
NOW, THEREFORE, BE IT ditions of Sections 24.3.1,24.5 District. The SuoolamWv .4.4.11,,.€
,, p /7(�� '
ORDAINED,by the Board of and 24.6. The applicant has Dims Maculation Salim bl% . (2 • 1/21-,74-0,14.d
Court Commissioners of the the burden of proof to show 40,and the Ovaries Sat
County of Weld, State of that the standards and condi- Section 50 when applicable.l NOTARY PUBLIC
Colorado,that certain existing Lions of Sections 24.5, 24.6 may also be reviews concur
sections of said Ordinance No. and 24.3.1 are met.The appli- , rently. The Perming " ,
59,as amended,are repealed cant shell demonstrate: red Commission shall provide My commission expires ���/ r � C
and re-enacted. with amend- ommendations to the Board of
mants, and the various sec- Amend Section 24.4.2 to read: County Commissioned con-
lions are revised to read as fol- carving the diwveiden of the'
lows: The Board of County, re weed dung. gush fec-
Commissionee .rye heW a" msnenaaaia she be made
Amend Section 21.5.1 to read: public hearing a COWS/w wrap coy(60)days of w ini-
tial hewing date. The
The Planning Commission
Planning Commission shall
shall hold a hearing to coned-I recamend approval of the
er the application for the request for the Change of
Change of Zone. The public I Zone of a Planned Unit
heating may involve either the Development District only if it
rezoning application alone or finds that the applicant has
may include the review of con- met the applicable require-
current applications under ments or conditions of
Weld County's regulations Sections 28.5 and 28.7 The
concerning Uses by Special applicant has the burden of
Review, Overlay Districts, or proof to show that the sten-
subdivisions. The Planning ants ane Madame of
Commission shall provide rec- Seders 82.5 and 24.1 an.
onacendations to the Board of met. The arrant shag
Carry Sama.N9ree err- demorntrW:
cemIr�i'wa deposition of In.
small change. The
Planftl.Commission shall
reco d approval of the
consider • Planned Unit ATTEST:Donald D.Wards
Anrnd Section 28.6.1.2 to DeNbpnwN Plan ngla00^. Weld County Clark to the
rash The Placating Commission Board
shall provide re renenda-
The Board of Csuniy tons to the Board of County BY:inn M.Dodge
Commissioners shall hold a Commissioners containing Deputy Clerk to the Board
public hearing to consider the the disposition of the retest-
application and to take final ad Planned Unit Developaml APPROVED AS TO FORM:
action thereon. The.Bane pion. Such recommend,'" Comity Attorney
shall make a decision as Me PM M made widdn MR NO)
application within si4 OI days of the initial hearing nets. BOARD OF COUNTY DOM-
daysof the initial hearUWeela. TM,Planning Comtism MISNOMERS
In making a decision en M stag recommend approval el
proposed Change of Wittig nee request for the Planned WELD COUNTY.COLORADO
Board shall consider tie MS Unit Development Plan OM O
ommendation of the Planting it lane that the epplicaM has W H.Webster,Chairman
Commission and, torn the met the applicable mimics-
facts presented at Ms pYp mime or conditions of Pala K Hall,Pro-Tam
hearing and the in Sections 28.9. 28.10, 21.11,
contained in the°fac •.a.a613. The applkent hn Oeoge E.Beier
which includes the De the burden of Proof to show
of Planning Services the the standards and cent Coraree L.Herbert
the Board of tin of Sections 26.9,28.10.
Commissioners sneak 28.11,and 28.13 are met The fAuhen J Kirkmeyer
the request for the C d applicant shall demonstane:
Zone to a Planner. Unit
Development Diatrid'ata ilk Wand Section 28.14.1.8 b Fast fiamping:August 29,1994
finds that the appliceM has read:
met-the applicable requirt Publication: September 1,
ments or conditions of The Board of Candy 18N
Sections 28.5 and 258: The Commissioners shall hold a
applicant has the burden d pubic hearing to consider the Second Reading: September
proof to show that Ole sten- appecation and to take Ara 12,1964
dards and conditions of • W1 thereon. The bird Publication: September 15,
Sections 28.5 and 28.8 are shall:make a decision an Ow 1994
met. The applicant shall application within sixty (SO)
demonstrate: data of the ktiaaMlcarw dta Final Reding:September 26,
Amend Section W13.1 to In Sting •decision an tie
prob eS Rtssred. Unit lapmerMsr 29.
The,Planning MRtWp O.,J_ t AIR al Bev.tag acid a IaBR' ro tlae Welder tla ra•aearwHi so
trio ol lbs—_NORM
Cm•Nwbn Ma *Pa the
a fNggl'W94
fads praaane at the public
hearing and The btla action : Psause la the Wlaeey
cortsned in the alit record i Bses•n sit Npamaar 2.,
which includes tsoaparartant Hie.
of Planning Sena; file.
the -Board d County
Commissioners that approve
the request for the Planned
Unit Development Plan only it
it finds that the applicant has
met the applicable require-
ments or conditions of
Section 28.9. 28.10, 28.11.
and 22.14. The applicant has
the Widen of proof to show
.YK'LI'ttirstandafBriifid 2'ondi-
tone of Sections 28.9,28.10,
28.11 and 28.14 are met. The
applicant snail demonstrate:
BE IT FURTHER ORDAINED
byBoard,
lire
susparagon.,I tsar,
by Mee , en,
lanoa,clause,or plilmp8 d Otis
Ordinance is for try soon
' held ordacided to he aeened-
tdiont. such cRle d
not tilting the vadeliey dsa tie
remelting portions hereof.
The Board of County
}&BanYsionere hereby
that it would have
this Ordinate in
ad every seciea sub
Seinen,paragaph,aRaain,
clause, and phrase thereof
irrespective of the fact as any
one or more sections,Seec-
bon,peraarsphs,senen•a,
causes,or phrases might be
doctored to be unconstitutional
or Maid.
The above end foregoing
Ordinance Number 89-BB
was,on motion city redo and_
seconded.adopad 0/BB fall
Posing vote on the al.tied
Sepamber,A.D..BIN.
NOTICE
DOCKET NO. 94-59
The Board of County Commissioners of Weld County, Colorado, will conduct a public
hearing at 9:00 a.m. , on Monday, August 29, 1994, in the Chambers of the Board
of County Commissioner of Weld County, Colorado, Weld County Centennial Center,
915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering
amendments to Sections 21, 23, 24, 25, 28, 32, 33, 34, and 35 of the Weld County
Zoning Ordinance.
The amendments will clarify the burden of proof for an applicant applying for a
land-use application and will also delete the requirements of a Site Plan Review
for property zoned R-4, Commercial, Industrial, and Planned Unit Development.
All persons in any manner interested are requested to attend said hearing and may
be heard.
Should any interested party desire the presence of a court reporter to make a
record of the proceedings, in addition to the taped record which will be kept
during the hearing, the Clerk to the Board shall be advised in writing of such
action at least five days prior to the hearing. The cost of engaging a court
reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the
office of the Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday
through Friday, 8:00 a.m. to 5:00 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
DATED: August 3, 1994
PUBLISHED: August 11, 1994, in the Windsor Beacon
I Mon for the Cline M dHanq Senna ale M,
' ran Zero o a It Ana Mal a. S Board M Cows
MOM Me TM the IOW Cermi torn es yews
IN THE rams OF in OBIAMIIIMIals M awe* M foram for pes SAnal
REPEAL MID REENACT- 21.5.1 MO 21.7.Theapp�ali flaws Penn only if it UAW
WENT WITH AMENDMEII. In M burden of prod Y ss M appshnsme AFFIDAVIT OF PUBLICATION
OF CERTAIN SECTIONS, alto tat the standard,an Mesr/Nds or condition el
AND THE ADDITION OF Mb asdSltw of Sections 213.1 Eed.n 24.4.2, 24.5 and STATE OF COLORADO
TAIN SECTIONS TO OS Awe IMO we net. The ROOS Mt The applicant has an
NANCE NO. 89, WOWCSI- MOM demonstrate: Yradam M.proof to show Thal I SS
COUNTY ZONING OI�1- vs eloands and confiner COUNTY OF WELD
NANCE, AS CURRENTLY Paint Section 21.6.2 tome «,m4.1.2 24.5 and 24$n
AMENDED. REVISING AND MRThe applicant abet -
ADDING CERTAIN PR M Board of Cony desmetret: I, ROGER A. LIPKER, of said County of Weld, being duly
Mt DURES, TERMS, ANtl Oeadnioner: shall h a
REQIMREMENTS allak henng to colada ie MSC Seaton 25.5.1 to read: sworn,say that I am publisher of
Iplanon and to take in
BE IT ORDAINED BY THE WM Mereon. In*SS a
DOA CO"COUNTY COM on the prapew s Planninghearing c coneen WINDSOR BEACON
I1SSO 1lRS""'DF""'" lek
Charge of Zone, gar W •eel hie a to orm the
COUNTY OF WELD, ST M1 Minder ale recoi . or Ilse application for nn
OF COLONDo: BMA of the Peseal mAaw Revrew permit: in a weekly newspaper having a general circulation in said
Oadntnion and, from she maw a ed&Re on the Far Pe,
WHEREAS. the Board 0 merited at the public pond APedal FACILITY
CIi IT OF A County and State, published in the town of WINDSOR, in
Casty Clesnpssionere tea and the infonreela
wmrc RTY01�LITvote said County and State; and that the notice, of which the
oRnY d Weld. Stec « in ale afiabl repo/ CaeNaelon shall from the annexed is a true copy, has beenpublished in said weekly
Caie.S. pursuant p M�h alludes the Deponent so presenndted at the patio PY s
CMarWeSute and the MNII Sliming Services cad IN for / successive weeks, that the notice was
Carey IWn RS Ch°m5 is S. Board of Cary some in the Icial me n
aid wW the anhory d cga core shall softened in stheDe punt published in the regular and entire issue of every number of
aradBe101w Md.wing Se the De
Weld Commmg the oain of B only for the StCharlie M M Planning Services Dement
lilt the paper during the period and time of publication, and in
Weld Con Colorado,rd sal only d a finds St ins more the request ler the the newspaperproper and not in a.supplement, and that
Mir has met Or S. .MOO Review Perm fir a P PP
WHEREAS, the Board of daga e m a conditions ANgR FACILITY OFAPUS the first publication of said notice was in said paper bearing
Carhy Commissioners We 21.12 and 21.7.The UC MUTT only if It finch th dateofthe
Memos and authority ado he des burden of pwM par applicant has mat Mrs
Rs►wd County Home ads SW ndrih-919a.ps seraoe /_day of y.. ,e tt i 9 A.D., 19 Ci and the
Chesty ma State state, tadBons of Sections 21.U1 Semenb2 condition am of �f
blarlg MMde 28 of 11530, of 11.7 are net. The ape- Me 2b The applicant last publication be Ing the date of the
cos t adopt zoning nods ewSRp demonstrate: Me ale burden a proof to don of _, A.D., 19_ and that
dome far no uanaarpmwre. Mwwof Sale aPWiceblecaw- day
NW MHCounyof:WW, MAa/Sdaon24.3.1tesaR Yarn of Section 25.8 are met the said WINDSOR BEACON has been published
and MHaningComnissbn a continuously and uninterruptedly for the period of 5
M Planning Corrpdsblm itermitreviewaweoityfotP Y
WHEREAS, the Bond M MI Ind ring C MM.* • MAJOR FACILITY OF A consecutive weeks, in said County an.: State, prior to the
PUBLIC UTILITY as dowsed
cony Commissioners M er par application IR is nsection25.1 date of first publication of said na,ke, and the same is a
UMW Ca 4 Colorado, ti $0.00 Pert* Me newspaper within the meaning of an Act to regulate printing
wank Spied Otaea punt hearing may MS Amend Section 29.71.1 to Pape 9 P g
HO.N.nW County Eard4 Ms the Special Men sad. of legal notices and advertisements, approved May 18,
ddrnan. establishing a Minn application akin or
oaMtes bit ranala el MI naryPclude the revew. a. 1931, and all prior acts so far as in force.
n
maim aopallons and aside, swam application artier S Planning he CammWi d- ///���
SW s a Zone
on caPUD // ��D//
wepn uMmrporeted■es WW Counlys pronto ear er Se application for cam //
M and sanyof deld,men
Ire nardav Planning ngt Selo N. Chage of a su to a PW (//f7/� yv/\
Mond eewntlmern Ire lit provideCoraOWon Slllect. The summon( U11
-
Crdlnnns Bo.88-A dm. sham provide reconvened.- � Hecuttipay swoon USHER
N.M.ell hares to the Board M Coen/ 40,and the Oven Mama
Commissioner coaamwg Senn 50 when appoeat.
WIIEMAS, amid Ordnance cap*position o the new! -,real,alsobereviewedashcan Subscribed and sworn to before me this�� lit day of
S.N.as cat ided.is trod ad' tl Review Mond. /re
of rent& end clardcetia M'Planning ComNwla rsrty, The Planning "�J. nj� -1 19 q
wM NOM ID proctlae.. the aDprode the raquM tr sonannlssion shall provide rq `�>'10^-C
Inn,an to pr nn therm On Special Review Permit Cah ndalons to the Board of ,
Ion ray F It finds that the a ncont Cagy Commissioners nn-
Iaa met the standards.,cob wadnp the disposition of Ih e„ - �L/fh 41 t.L
Now, THEREFORE, BE IT AM of Sections 24.2.1,243 imam
ested change.
Sine"w NOTARY PUBLIC
ORDAINED,a the Bond M rid 24.8. The applicant hie *emendations shall be made
Cagy. et pM lie Carden of proof b show wen sixty t8O)days of the Mk l\ ' ��
MI hearing date. The ��'L <�
Casty a lln ale atendarde anti sand- My commission expires ` l •
e Change of Cdorst,MI law of Sections 24.5, 2411 Planing Commission abs
eelwMell "No. and 24.3.1 are coo. Th erwF raemmend approval al pal
It se awndpd,M l I Si shall demonstrate' Zonesequ offo a thPlanned Mt
one seal,ales WS. Arend Section 24.42 to mad: Dawlopm eel only E It
wee, and M sloe ee - Ana that theDistract appluard kalif
,
taw a Weed Is tadostl- The Board of County mw the applicable mine-
lows: Commissioners shall Ovid a mere or condition. of
pubes hating to consider ties Motion 28.5 end 28.7 The
Amend Secion 21.5.1 to cod: ppingon and d tat fits eminent has the burden of
.den thereon. In Ming a prq'to show that the alln-
The Planning Comnnion a cot propp0ad Uri mare and cannons of
shall hod a hearing to tea 2y Seblal MSS h Boa- awe 28.5 and 22.7 ors
Cr the application * On ems cawWr ale nnasmn- 'lest. The deeded sip
Change of Zone. The public Mon of pal Homing desaamnb:
I hearing may involve either the _Commission and, from the
rezoning epppntion alone or Ws presorted at the pubic
may include the review al con- Merin arid the information
current applications under contained in the opldal record
Weld County's regulations %hide includes the Department
concerning Uses by Special
Review, Overlay Districts, or
subdivisions. The Planning
Commission shell provide rec-
Catty lwa Mend M
Coady Co mialpnn eon-
aaem do ddAaNOn el In
nomad cramp. The
Planning Commission Mall
recommend approval et the
Amend Section 28.6.1.2 to peat to show to to saw
read: art and ens isaa at BE IT FURTHER ORDAINED
Seca ns 26.5 and 24.1 ire by to rid.9 era section,
The Board of County rapt. The applicant µall subways, paragraph, sen-
Canvat aarp.asioners shall hold • Nnfe: Una,clause,or phrase of this
pubic hearing to consider the Ordains is for any reason
appkaen and to tab tub hand Section 28.18.4 la'i, held or
d er decided to oni
-
adpn thereon. The Bare raid. M such decision shall
tall make a decision an the the aka the validity of the
appllcaaon "''thin silty (60) The Planning Comnaeelan remaining portions hereof.
daps the initial hearing dea. is held a public head lo Ta Beard of County
In matting a decision on are eeoaldsr a Planned Unit Commissioners hereby
prattead Change of Zone,to Daheepnnl plan ppgs enapw that it would have
Bare cal consider the ma The Panning Comma It enacted this Ordinance in
amrwratian of the Pawdep µpp provide recommittal- eau and every section,sub-
Cammlaion and, from the Ileac to pie Board of Calmly eater,paragraph,sentence,
as Presented at the Pa Ceahbeloners cono•aap drat, and phrase thereof
hewing and the information ere disposition of the r4eeeel- ene, ass of the fad that any
conlaaed in the official record ocPlned Unit geveIc rt ern n mire sections,subsea-
SINN includes the Depaanet par. Such recomrnendens Ilona, paragraphs.sentences.
of Paring Services Gnsa IS, is be made within say chose,or phrases rnight be
the Board of Canty spa apps initial hearing dile. claimed to be unconstitutional
Cornmaioners shall approve The Planning ComnaWn Ina
the rise for the Change of a6µ meemhand apparel a
Zone to a Planned Unit the Mast for the Pbeod The above and foregoing
Development District orb If It the Development Plan ea if Ordinance Number 89480
Was tub the applicant ha it ends that the pplir-ee be. was,on motion duly made and
met the applicable rsqulaa- mat the applicable ran ascended,adopted by the lol-
mena or conditions of mate or conciliate el •ld vote on the day of
Section 26.5 and 28.8. The Selena 28.9, 28.10, X11, .ea,1994.
applicant has the hurdle of and 11.13. The appliat IRe to wan of proof to New ATTEST:Weld County Clerk to
that Ill standards and tad- tiro Bard
tie of Sections 28.9,Y.10, BY Deputy Clerk to the Board
26.11,end 28.13 are me.The
apptnert shall tlemonslfM: APPROVED AS TO FORM:
MOnN Section 26.14.1.6 to County Attorney
rag:
BOARD OF COUNTY COM-
Tie Board of Cady MISSIOf1ERS
Commissioners shag its a WELD COUNTY,COLORADO
puelk hearing to consider the
appasaon and a late OW W.H.Wan Chµnrmr
ado thereon. The Bawd Dist.Het,Pro-Tem
YraN nab a derision a"! Geary E.Baxter
apedeaaa within sixth (10): Gensamue L.Hamad
aye al the hardhearah(M. Basraarc Nirk er
M mµaq a derision a" Hey
propose Planned Unit
D,Wlapnhnt Plan,the Bald First Reading:M uat zoo.1994
sat oonaNer to meseewl- Pelt cation:Read: September 1,
dean el the Pawing 1111 P
Conwlesan and, Met the
face pwnted at the phak
hang we the iree6*Ma Beata Reading: September
deed In the off iold mord 1Y,1984
in
whiamhahaanthe Oep11ew1 Phakalion: September 15,
of Runithg Services CIS lid, 111t
the Bond of OMIT Final Reading:September 26.
Cameatpers shat agave 1011
to wet for the Maid Phdeation: September 29,
Urhit Mveapment Plat 4.4 t 1Bs1
I kids that the applicant ha
met the applicable wOYlw-, Elective:October 4,1994
ments or conditions of
Sections 28.9, 28.10, 11.11 elanabd in the Whelan
tyro 26.14. The epptrat ate Baalh an Bpaadef 16,
to burden d woof la maw 1111.
ma to Mwearda aid Oala-
ape of Sedan 11.9,11.10,
28.11 end 11.14 we ma. The
applicant Val dennaata:
of Sections 24-3.1,24.5 and applicant has the burden of are met. The Planning
24.6. The applicant has the proof to show that the stan- Commission has final permit
burden of proof toshow that l dards and conditions of r v authority for a
the standards and conditions 24.4.2, 24.5 and 24.6 are R FACILITY OF A
of Sections 24.5, 24.6 and met. The applicant shall I--_,IC UTILITY as:
24.3.1 are met. The appli- demonstrate: •described in Section 25.1
cant shall demonstrate: Amend Section 25.5.1 to
read: Amend Section 28.7.1.1 to
Amend Section 24.4.2 to read:
read: The Planning Commission
shall hold a hearing to con- The Planning Commission
The Board of County cider the application for the shall hold a hearing to con-
Commissioners shall hold a Special Review Permit. In cider the application for the
public hearing to consider making a decision on the Change of Zone to a PUD
the application and to take proposed Special Review District. The Supplementary AFFIDAVIT OF PUBLICATION
final action thereon. In mak- Permit for a MAJOR FACILI- District Reoulatinns.Section
ing a decision on the pro- TY OF A PUBLIC UTILITY 40,and the Overlay Districts
posed Use by Special the Planning Commission Section 50 when applicable, STATE OF COLORADO
Review,the Board shall con- shall,from the facts present- may also be reviewed con-
d SS
sider the recommendation of ed at the public hearing and currently. The Planning
the Planning Commission the information contained in Commission shall provide COUNTY OF WELD
and,from the facts presented the official record, which recommendations to the
at the public hearing and the includes the Department of Board of County
information contained in the Planning Services case tile, Commissioners concerning I, ROGER A. LIPKER, of said County of Weld, being duly
official record which includes approve the request for the the disposition of the sworn,say that I publisher of
the Department of Planning Special Review Permit for a requested change. Such am
Services case file,the Board MAJOR FACILITY OF A recommendations shall be
of County Commissioners PUBLIC UTILITY only if it made within sixty(60)days WINDSOR BEACON
shall approve the request for finds that the applicant has of the initial hearing date.
the Special Review Permit met the applicable conditions The Planning Commission
only Bit finds that the appli- of Section 25.8. The appli- shall recommend approval of a weekly having
cant has met the standards cant has the burden of proof the request for the Change of
newspaper PaP a general circulation in said
or conditions of Sections to show that the applicable Zone of a Planned Unit County and State, published in the town of WINDSOR, in
said County and State; and that the notice, of which the
Development District only if it Services case file,the Board'I shall recommend approval of annexed is a true copy, has been published in said weekly
finds that the applicant has of County Commissioners•the request for the Planned for / successive weeks, that the notice was
met the applicable require- shall approve the request for'Unit Development Plan only
ments or conditions of the Change of Zone to a if it finds that the applicant published in the regular and entire issue of every number of
Sections 28.5 and 28.7 The Planned Unit Development has met the applicable the paper during the period and time of publication, and in
applicant has the burden of District only if it finds that the requirements or conditions of
proof to show that the sten- applicant has met the applic- Sections 28.9,28.10,28.11, the newspaper proper and not in a.supplement, and that
dards and conditions of able requirements or condi- and 28.13. The applicant the first publication of said notice was in said paper bearing
Sections 28.5 and 28.7 are tions of Sections 28.5 and has the burden of proof to
met. The applicant shall 28.8. The applicant has the show that the standards and the date of the
demonstrate: burden of proof to show that conditions of Sections 28.9, /�day of ,D
4p A ., 19�, and the
the standards and conditions 26.10,28.11, and 28.13 are //
Amend Section 28.8.1.2 to I of Sections 28.5 and 28.8 met. The applicant shall last publication be ring the date of the
read: t are met. The applicant shall demonstrate: day of A.D., 19_ and that
demonstrate:
The Board of County Amend Section 28.13.1 to Amend Section 28.14.1.8 to the said WINDSOR BEACON has been published
Commissioners shall hold a read: read: continuously and uninterruptedly for the period of 5
public hearing to consider
the application and to take The Planning Commission The Board of County consecutive weeks, in said County and State, prior to the
final action thereon. The shall hold a public hearing to Commissioners shall hold a date of first publication of said notice, and the same is a
Board shall make a decision consider a Planned Unit public hearing to consider
on the application within sixty Development Plan whoa- the application and to take newspaper within the meaning of an Act to regulate printing
(60)days of the initial hear- tion. The Planning final action thereon. The of legal notices and advertisements, 18,
ing date. In making a deci- Commission shall provide Board shall make a decision approved May
sion on the proposed recommendations to the on the application within sixty 1931, a nnndd all prior acts so far as/s in
force.(60)Change on Zone, the Board an Board of C e days of the o hear-
shall 6W
facts /7y{�-.
consider the room- Commissioners concerning ing date. In making a deci /LJ
Coms of the Plafrom the the of the sion on t proposed
ctsCommission re and, the requested lan. ch Planned Unit Development
facts presented at the public Development Plan. Such Plan,the Board shall consid-
hearing and the information recommendations shall be er the recommendation of ISHER
contained in the official made within sixty(60)days the Planning Commission
record which includes the of the initial hearing date. and,from the facts presented
Department of Planning The Planning Commission at the public hearing and the SubsCrlb worn to before me this 7 day of
' 19 IV
information contained in the subsection, paragraph, sell Dale K.Hall,Pro-Tem "" a's' �✓
official record which includes tense, clause, and phrase George E.Baxter NOTARY PUBLIC
the Department of Planning thereof irrespective of the Constance L.Harbert
Services case file,the Board tact that any one or more Barbara J.Kirkmeyer p '
of County Commissioners sections, subsections, para- My commission expires Z/ /9-96 q6
shall approve the request for graphs, sentences, clauses, First Reading: "` ��/
the Planned Unit or phrases might be declared August 29,1994
Development Plan only if it to be unconstitutional or
finds that the applicant has invalid. Publication: September 1,
met the applicable require- 1994
ments or conditions of The above and foregoing
Sections 28.9, 28.10, 28.11 Ordinance Number 89-BB Second Reading:
and 28.14. The applicant was, on motion duly made September 12,1994
has the burden of proof to and seconded, adopted by
show that the standards and the following vote on the ' Publication: September 15,
conditions of Sections 28.9, day of_,A.D.,1994. 1994
28.10, 28.11 and 28.14 are
met. The applicant shall ATTEST: Final Reading:
demonstrate: Weld County Clerk to the September 26,1994
Board
BE IT FURTHER Publication: September 29,
ORDAINED by the Board,if By: 1994
any section, subsection, Clerk to the Board
paragraph,sentence,clause, Effective:
or phrase of this Ordinance is APPROVED AS TO FORM: October 4,1994
for any reason held or decid-
ed to be unconstitutional, Published in the Windsor
such decision shall not affect Beacon on September 1,
the validity of the remaining BOARD OF COUNTY COM- 1/a1.
portions hereof. The Board MISSIONERS
of County Commissioners WELD COUNTY, COL-
hereby declares that it would ORADO
have enacted this Ordinance
in each and every section, W.H.Webster,Chairman
OBD1tlAtlCE un wee State statute.
City and '•"•.The Board of County
rley al of Tits 90,CRS,toCom
A
IN THE MATTER OF THE adela>wd'hi naorladera for public
a arws shall hold a
REPEAL AND RE-ENACT- the inthorponyd areas d Public hearing to consider
e
MENT, WITH AMEND-, the County d Weld,and the application and to take
MENTS OF CERTAIN SEC- final action thereon. In pro-
TIONS,AND THE ADDITION WHEREAS, the Board ol ^9 a tleeisi on the pro-
OF CERTAIN SECTIONS County Commissioners of So Change of Zone,the
rec-
TO ORDINANCE NO. Se, Weld County.Cobrade,Ma Board shall consider the
WELD COUNTY ZONING Previousty adopted omnnina Commission the
ORDINANCE, AS CUR- Ordinance No. 89, eld �^^i^9 end,
RENTLY AMENDED, County Zoning OrdinOrdinate*.n , from the facts presented at
REVISING AND ADDING establishing a common* the public hearing and the
CERTAIN PROCEDURES, S e revision of the twdy intonation contained in the
TERMS, AND REQUIRE- regulation and zoning reap the D record which includes
MENTS I for ulnaorporated arils d the Department of Planning
the Qiuny Or weld and ewes of County us case file,the Board
BE IT ORDAINED BY THE I=Msyd amendments ld d Commissioners
BOARD OF COUNTY f}.f01A- I pp lea a No.89-A through
shy hangs of the request for
MISSIONERS OF TIRE SIAA,and
the Change Zone only t it
COUNTY OF WELD,STATE finds that the applicant has
OF COLORADO; AREAS, say Ordinancerend the standards or emtli-
f1Ra9, as amended. re in lions of Sections 21.6.2 and
WHEREAS, the Bard d M dalrwylen and attic,- 21.7. The applicant has the
County Commissioners of ton with regard to Moe- burdenth of standards
a cl show that
the county d Weld.Syre d doses, terms, and repair► of Sections 2 antl conditions
Coloretlo, pursuant to mgiac tangle, of 21.6.2 and 21.7
Colorado statute and the are met. The applicant shall
Weld County Home Rene NOW,THEREFORE, BE IT demonstrate:
Chatter, is vested with the ORDAINED,by the Pits of
authority d admtssteeg the County Commlaeyryra d Amend Section 24.3.1 to
stein d way County, to County of Weld.Sped read:
Colorado,and Colorado,that certain meet-
The Planning Commission frig sections at say
con-
WHEREAS. the Saari el Ordinance Na IRS. r shall hold a hearing to can-
pa!ery mawiaiaawe Iwo amended,are'npabd lied alder the application for the
pea sae awlary re-animated, NM mane
Specal Review Permit. The
ender the VMS Cattle MIS and the WPM sae public the hearing may involve
den we revdO 10 reed is either the Special Review
follow Remit application plena or
may include the review of
concurrent applications
Amend Section 21.5.1 to under Weld County's provi-
reed: sons for (h,erlavpiet'
oL
• Section 50. The Planning
The Planning Commission Commission shall provide
'shallhold a hearing to con- Board recommendations to the
eider the application for theCo Board of 'County
Change of Zoe, The Public the disposition
concerning
tth
Ilea slg may involve either the lisp Specs d the
the rezoning application requested Special Review
aloe or may include the Permit. The Planning
renew of concurrent apnea- Deelre at OM af4rove
pons under Weld County's? newel1a Ire Special
regulations concerning Uses Review HrrmitO Only i l finds
by Special Review. Overlay fa Ma appoint Ilse end
Districts, or subdivisions.
The Manning Commission
alma provide mcommanda-
ticns to the Board of County
Commissioners concerning
the disposition of the
requested change. The
Planing Commission shall
recommend approval of the
request for the Change of
Zone only a it finds that the
app cat has met the stan-
dards or conditions of
Sections 21.5.1 and 21.7.
The applicant has the burden
of Mecl to show that the
l anderda and aandla«u of
Seaym 21.1.9 sod n.T an
met.demonstrate:sppaoMt shin
Amend Section 21.8.2 to
_ AFFIDAVIT OF PUBLICATION
none;
DOCKET NO.94-59 STATE OF COLORADO
ss
The Board of County BOUNTY OF WELD
Commissioners of Weld
County, Colorado, will con-
auct a public hay,Ag at 9:00 I, ROGER A. LIPKER, of said County of Weld, being duly
a.m., in the Chambers
of 29,
Boar,in the chambers of the sworn,say that I am publisher of
Board of County
Commissioner of Weld
Count, Colorado, Weld WINDSOR BEACON
County Centennial Center,
915Greeley,
10th Street, First F hr,
purpose
Colorado, for the a weekly newspaper having a general circulation in said
a of 21.considering County and State, published in the town of WINDSOR, in
amendments 3, 4 28,to Sections 33,
23, 35 25, 32, 33, 34, said County and State; and that the notice, of which the
and 35 of the Weld County annexed is a true copy, has been published in said weekly
Zoning Ordinance.
for / successive weeks, that the notice was
The amendments will clarifypublished in the regular and entire issue of every number of
the burdena of proof for ann
applicant applying for a land- the paper during the period and time of publication, and in
use application requirements
and will s also a the newspaper proper and not in a supplement, and that
delete the relewfor property
e y the first paper bearing zoned
Plan R-4. Commercial,m epeaY publication O1 said notice was in said g
zoned an it th date of the
Indue and Planned Unit I
Development. J day of A.D., 19 7 and the
All persons in any manner ast publication be(dring the date of the
interested are requested to _day of A.D., 19_ and that
attend said hearing and may the said WINDSOR BEACON has been published
be heard.
continuously and uninterruptedly for the period of 5
Should any Interested party
desire the presence of a consecutive weeks, in said County and State, prlur to the
court reporter to make a date of first publi::ation of said notice, and the saris- is a
record coo the
tapedi record es,in newspaper within the meaning of an Act to regulate printing
additiot ehp taped P 9 P 9
whim will be kept during the of legal notices and advertisements, approved May 18,
hearing, the Clerk to the 1931, and all prior acts so far as in force.
Board f such
be advised nleast in
writing days pri action at
Tfi e cost prior to gin hearing. •
The cost of engaging a court
reporter shall be borne by the _
requesting party. ISHER
BE IT ALSO KNOWN that
copies of the proposed
exam- Subscribed an sworn to beforeine thisCI- day of
amendments may be /�
tot In the office of the Clerk (t Ai 19 7 to the Board of County 1.�
Commissioners,Coun located al av Yn��
Center,the Weld County C Street.
F9l5o 10th Greeley, -1- NOTARY PUBLIC
Third oon Floor, through
Colorado, Monday through
Friday.9:00 a.m.to 5:00 p.m. My commission expires `/ vc j - y / 91(a(a -
BOARD OF COUNTY COM-
MISSIONERS
WELD COUNTY, COL-
ORADO
BY:WELD ALD D RKN
WELD COUNTY CLERK TO
THE BOARD
BY:SHELLY K.MILLER - P
DEPUTY CLERK TO THE
BOARD •
DATED:Atria 3,1990
Published in to Medea
drawl eaM IS 11,ON
AFFIDAVIT OF PUBLICATION
• STATE OF COLORADO
MIS
COUNTY OF WELD ss
Tiro Weld County Planning
Commission will conduct a I, ROGER A. LIPKERR, of said County of Weld, being duly
public hearing on Tuesday, sworn,say twill=publisher of
June 21,1994,at 1:30 p.m.,
in the County
Commissioners Hearing WINDSOR BEACON
Room(#101), First Floor,
Weld County Centennial
Center,915 Tenth Street. a web
Greeley.Colorado,for the weekly news paper having a general circulation in said
purpose of considering County and State, published in the town of WINDSOR, in
amending Sections 21,23, said County and State; and that the notice, of which the
24.25,28.32,33,34,and
3s no wad County Zoning annexed is a true copy, has been published in said weekly
The for or successive
miniseries PM prey.the weeks, that the notice was
biotin of proof for, an published in the regular and entire issue of every number of
.epueeat MOSS far a the paper during the period and time of publication, and in
«auea epistles•iafar al the newspaper proper and not in a supplement, and that
also dew the requirements the first publication of said notice was in said paper bearing
of a Site Plan Review for
property zoned R-4. the date of the p
Commercial,Industrial.and ?1Atday of /)td AD., 19 4/ and the
Manned Unit Cevebgnant last publication bearing th6 date of the
All persons in any manner day of , AD., 19_ and that
anreped are requested to the said WINDSOR BEACON has been
nine the hearing and may published
be heed. continuously and uninterruptedly for the period of 5
Copies of the proposedconsecutive weeks, in said County and State, prior to the
amendments are available. date of first publication of said notice, and the same is a
for public inspection in the
Department of Planning newspaper within the meaning of an Act to regulate printing
Services. Weld County of legal notices and advertisements, approved May 18,
Administrative offices. 1400 1931, and allprior
N. 17th Avenue,Greeley.
acts far as in force.
Colorado. • Phone-353- l..Y
Jud0,EMensiona540.
Judy e Yamaguchi. ,
Chairperson ‘iji../1/4-Weld County Planningpt� ISHER
Commission _
To be published in the Subscribed and sworn to before'me this,5/ da of
Windsor Beacon. 7 19 Ti y
I To be published one(1)time , •
by May 28,1994.
PallMi In Ills Saarf '
e.eee«ee Kdee� A NOTARY PUBLIC , J Q
My commission expires y2:•' •.1'
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Weld Cooaly planlypO
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_ _n STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION aba
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Region 4 - . i ,..I !!'
1420 2nd Street
P.O.Box 850
Greeley,Colorado 801)32-0850 ' ) -' - . . ..
0031151-1232
Weld County Development Review
July 8 , 1994
Weld County Board of County Commissioners
915 10th Street
Greeley, CO 80631
This correspondence is provided regarding a planning process
which the County has traditionally administered and which is under
review for changes . I have had contact with Mr. Greg Thompson of Weld
County Planning who stated that the site plan review process for
commercial and industrial development is currently being discussed and
that the Board is considering a deletion of that process . As the
Region IV Development/Access Coordinator for the Colorado Department
of Transportation I wish to state the Department' s support of the
continuation of this program. The process which has consistently
provided development plans for the Department' s review regarding
access and other highway related issues has greatly benefitted the
County, taxpayers and the developers of sites in the area and the
Department . The State Highway Access Code which governs all access to
the state highway not only attends to matters of access but also
addresses right-of-way and drainage concerns . Without this review
process and recommendations to the County and the developer by this
department, confusion and complications in the development of those
sites could result in wasted time, energy, and dollars for all . The
SHACode will administer access issues regardless of this planning
process; however, the deletion of this process makes those issues much
more complicated and could result in unneeded delays, frustration and
confusion.
Fifty-three percent of all accidents on the state highway system
are access related. The purpose of the Code is to fairly administer
access requests . A primary duty of my access position is to assist in
the access planning process and finally to administer State Highway
Access Permits in accordance with the Code. The proper design and
location of access is paramount in achieving our goal of safe use of
the highway system. Early discussions and submittals regarding access
proposals greatly facilitate that process.
I hope you will seriously consider the Colorado Department of
Transportation' s support of that historic process and will continue to
include it in the County system.
J Cg-
\ [ t9942 %994Q,,14 c Planning
Weld County Board of Commissioners
July 8, 1994
Page 2 of 2
I can be contacted at (303) 350-2163 if you have questions
regarding my participation in review of plans and administration of
permits . Thank you very much.
Sincerely,
CTe G.Jones
Region Develo /Access Coordinator
TGJ:gi
xc: D. Rames
P. Demosthenes
file
MINUTES
June 21, 1994
Page 5
Request: Consider proposed amendments to Section 21, 23, 24, 25, 28, 32, 33, 34,
and 35 of the Weld County Zoning Ordinance. The amendments will clarify the
burden of proof for an applicant applying for a land-use application and will
also delete the requirements of a Site Plan Review for property zoned R-4 (High
Density Residential) , Commercial, Industrial, and Planned Unit Development.
Chuck Cunliffe stated to the Planning Commission members where in their
information packets they could find the amendments and that is was requested by
Bruce Baker, County Attorney, and the Board of County Commissioners.
The Chairperson asked if anyone in the audience would like to speak for or
against the amendments. No one wished to speak.
Ron Sommer moved that proposed amendments to Section 21, 23, 24, 25, 28, 32, 33,
34, and 35 of the Weld County Zoning Ordinance be forwarded to the Board of
County Commissioners with the Planning Commissions' recommendation for approval.
Motion seconded by Juliette Kroekel.
The Chairperson asked the secretary to poll the members to the Planning
Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes;
Juliette Kroekel - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi -
yes. Motion carried unanimously.
Meeting adjourned at 3:00 p.m.
Respectfully submitted,
Becky J. Dittman
Secretary
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ron Sommer that the following resolution be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the proposed amendments to Sections 21, 23, 24, 25, 28, 32, 33,
34, and 35 of the Weld County Zoning Ordinance be approved for the following
reasons:
1. The existing Zoning Ordinance is in need of revision. The amendments will
clarify the burden of proof for an applicant applying for a land-use
application and will also delete the requirements of a Site Plan Review
for property zoned R-4 (High Density Residential) , Commercial, Industrial,
and Planned unit Development.
2. The proposed sections will be consistent with the future goals and needs
of the County as set out in the Weld County Comprehensive Plan.
3. The proposed amendments will be consistent with the overall intent of the
Weld County Zoning Ordinance.
Motion seconded by Shirley Camenisch.
VOTE:
For Passage Against Passage
Richard Kimmel
Shirley Camenisch
Juliette Kroekel
Marie Koolstra
Ron Sommer
Judy Yamaguchi
The Chairperson declared the resolution passed and ordered that a certified copy,
along with the proposed amendments, be forwarded to the Board of County
Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Becky J. Dittman, Recording Secretary of 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 June
21, 1994.
Dated the 21st of June, 1994.
Becky ittman
Secretary
r.
J
rr mEmoRAnDum
hit To Weld County Planning CommissionDama June 16, 1994
COLORADO From Department of Planning Services C..
sue,.nFronosed Amendments to Sections 21, 23. 24. 25. , 32. 33.
34, and 35 of the Weld County Zoning Ordinance.
The Department of Planning Services recommends that the proposed amendments be
approved for the following reasons:
1. The existing Zoning Ordinance is in need of revision. The amendments will
clarify the burden of proof for an applicant applying for a land-use
application and will also delete the requirements of a Site Plan Review
for property zoned R-4 (High Density Residential) , Commercial, Industrial,
and Planned Unit Development.
2. The proposed sections will be consistent with the future goals and needs
of the County as set out in the Weld County Comprehensive Plan.
3. The proposed amendments will be consistent with the overall intent of the
Weld County Zoning Ordinance.
PROPOSED AMENDMENTS TO THE WELD COUNTY ZONING ORDINANCE
Amend Section 21.5. 1 to read:
The Planning Commission shall hold a hearing to consider the application
for the change of zone. The public hearing may involve either the
rezoning application alone or may include the review of concurrent
applications under Weld County's regulations concerning Uses by Special
Review, Overlay Districts or subdivisions. The Planning Commission shall
provide recommendations to the Board of County Commissioners concerning
the disposition of the requested change. The Planning Commission shall
recommend approval of the request for the change of zone unless ONLY IF it
finds that the applicant has not met one-tr--ni,re -ef the standards or
conditions of Sections 21.5. 1 and 21.7. The applicant has the burden of
proof to show that the standards and conditions of Sections 21.5.1 and
21. 7 are met. The applicant shall demonstrate:
Amend Section 21.6.2 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. In making a decision on
the proposed change of zone, the Board shall consider the recommendation
of the Planning Commission, and from the facts presented at the public
hearing and the information contained in the official record, which
includes the Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the change of zone
unless ONLY IF it finds that the applicant has not met one-or-more-of the
standards or conditions of Sections 21.6.2 and 21.7. The applicant has
the burden of proof to show that the standards and conditions of Sections
21.6.2 and 21.7 are met. The applicant shall demonstrate:
Delete Section 23
Amend Section 24.3. 1 to read:
The Planning Commission shall hold a hearing to consider the application
for the Special Review Permit. The public hearing may involve either the
Special Review Permit application alone or may include the review of
concurrent applications under Weld County's provisions for Overlay
District, Section 50. The Planning Commission shall provide
recommendations to the Board of County Commissioners concerning the
disposition of the requested Special Review Permit. The Planning
commission shall approve the request for the Special Review Permit unless
ONLY IF it finds that the applicant has net met one-vr-more-of the
standards or conditions of Sections 24.3.1, 24.5 and 24.6. The applicant
has the burden of proof to show that the standards and conditions of
Sections 24.5, 24.6 and 24.3. 1 are met. The applicant shall demonstrate:
Amend Section 24.4.2 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. In making a decision on
the proposed Use by Special Review, the Board shall consider the
recommendation of the Planning Commission, and from the facts presented at
the public hearing and the information contained in the official record,
which includes the Department of Planning Services case file, the Board of
County Commissioners shall approve the request for the Special Review
Permit unless ONLY IF it finds that the applicant has net met ene-er-mere
of the standards or conditions of Sections 24.4.2, 24.5 and 24.6. The
applicant has the burden of proof to show that the standards and
conditions of 24.4.2, 24.5 and 24.6 are met. The applicant shall
demonstrate:
Amend Section 25.5. 1 to read:
The Planning Commission shall hold a hearing to consider the application
for the Special Review Permit. In making a decision on the proposed
Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY, the
Planning Commission shall, from the facts presented at the public hearing
and the information contained in the official record, which includes the
Department of Planning Services case file, approve the request for the
Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY unless ONLY
IF it finds that the applicant has net met one-er-more-of the applicable
conditions of Section 25.8. The applicant has the burden of proof to show
that the applicable conditions of Section 25.8 are met. The Planning
Commission has final permit review authority for a MAJOR FACILITY OF A
PUBLIC UTILITY as described in Section 25. 1
Amend Section 28. 7. 1. 1 to read:
The Planning Commission shall hold a hearing to consider the application
for the change of zone to a PUD District. The Supplementary District
Regulations, Section 40, and the Overlay Districts, Section 50 when
applicable, may also be reviewed concurrently. The Planning Commission
shall provide recommendations to the Board of County Commissioners
concerning the disposition of the requested change. Such recommendations
shall be made within sixty (60) days of the initial hearing date. The
Planning Commission shall recommend approval of the request for the change
of zone of a Planned Unit Development District unless ONLY IF it finds
that the applicant has net met one-or-more-of the applicable requirements
or conditions of Sections 28-q-2, 28.5 and 28.7 28-33. The applicant has
the burden of proof to show that the standards and conditions of Sections
28-7-2, 28.5, and 28.7 28r+3 are met. The applicant shall demonstrate:
Amend Section 28.8. 1.2 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. The Board shall make a
decision on the application within sixty (60) days of the initial hearing
date. In making a decision on the proposed change of zone, the Board
shall consider the recommendation of the Planning Commission, and from the
facts presented at the public hearing and the information contained in the
official record, which includes the Department of Planning Services case
file. The Board of County Commissioners shall approve the request for the
change of zone to a Planned Unit Development District unless ONLY IF it
finds that the applicant has not met one-br-mere of the applicable
requirements or conditions of Sections 28.5, 28-8-3, and 28.8 28-13. The
applicant has the burden of proof to show that the standards and
conditions of Sections 287873, 28.5, and 28.8 28-f3 are met. The
applicant shall demonstrate:
Amend Section 28. 13. 1 to read:
The Planning Commission shall hold a public hearing to consider a Planned
Unit Development Plan application. The Planning Commission shall provide
recommendations to the Board of County Commissioners concerning the
disposition of the requested Planned Unit Development Plan. Such
recommendations shall be made within sixty (60) days of the initial
hearing date. The Planning Commission shall recommend approval of the
request for the Planned Unit Development Plan unless ONLY IF it finds that
the applicant has not met one-or-mere-of the applicable requirements or
conditions of Sections 28.9, 28.10, 28X}7}, 28.11, and 28. 13. The
applicant has the burden of proof to show that the standards and
conditions of Sections 28.9, 28.10, 28.11, 28ri+r+ and 28.13 are met. The
applicant shall demonstrate:
Amend Section 28.14. 1.6 to read:
The Board of County Commissioners shall hold a public hearing to consider
the application and to take final action thereon. The Board shall make a
decision on the application within sixty (60) days of the initial hearing
date. In making a decision on the proposed Planned Unit Development Plan,
the Board shall consider the recommendation of the Planning Commission,
and from the facts presented at the public hearing and the information
contained in the official record, which includes the Department of
Planning Services case file. The Board of County Commissioners shall
approve the request for the Planned Unit Development Plan unless ONLY IF
it finds that the applicant has not met one--or- more -of the applicable
requirements or conditions of Sections 28.9, 28-32-4, 28.10, 28.11 and
28.14 28-+3. The applicant has the burden of proof to show that the
standards and conditions of Sections 28.9, 28-12-y, 28.10, 28.11 and 28.14
28-13 are met. The applicant shall demonstrate:
Delete Section 32.5.5
Delete Section 33.2.5 and renumber Section 33.2.6 to 33.2.5
Delete Section 33.2. 7
Delete Section 33.3.5 and renumber Section 33.3.6 to 33.3.5
Delete Section 33.3. 7
Delete Section 33.4.5 and renumber Section 33.4.6 to 33.4.5
Delete Section 33.4. 7
Delete Section 33.5.5 and renumber Section 33.5.6 to 33.5.5
Delete Section 33.5. 7
Delete Section 34.2.5 and renumber Section 34.2.6 to 34.2.5
Delete Section 34.2.7
Delete Section 34.3.5 and renumber Section 34.3.6 to 34.3.5
Delete Section 34.2.7
Delete Section 34.4.5 and renumber Section 34.4.6 to 34.4.5
Delete Section 34.4. 7
Delete Section 35.4 and renumber Section 35.5 to 35.4
/ t mEmORAfDUni
1 Barbara Kirkmeyer
Chuck Cunliffe May 3, 1994
To Date
Bruce T. Barker, County Attorney
COLORADO From
Language in Section 24 . 3 . 1 of the Zoning Ordinance
sub,«land Article V. E. of the Planning Commission By-Laws
I recommend the following changes to Section 24 . 3 . 1 of the Weld
County Zoning Ordinance:
Delete the language in 24 . 3 . 1, and add the following: "The
Planning Commission shall hold a hearing to consider the applica-
tion for the Special Review Permit . The public hearing may involve
either the Special Review Permit application alone or may include
the review of concurrent applications under Weld County' s provi-
sions for Overlay Districts , Section 50 . The Planning Commission
shall provide recommendations to the Board of County Commissioners
concerning the disposition of the requested Special Review Permit.
The Planning Commission shall recommend approval of the request for
a Special Review Permit only if it finds that the applicant has met
the standards or conditions of Sections 24 . 3 . 1, 24 . 5, and 24 . 6 .
The applicant has the Burden of Proof to show that the standards
and conditions of Sections 24 . 3 . 1, 24 . 5, and 24 . 6 are met. The
applicant shall demonstrate: "
Delete all of Article V.E. of the Weld County Planning Commission
By-Laws , as found on page 2 , thereof, and insert the following:
"The Weld County Planning Commission shall make recommendations to
the Board of County Commissioners on matters which are brought
before the Planning Commission for its review. The concurring vote
of a majority of those members present and voting shall be required
to pass any motion to recommend ' approval ' or 'denial ' to the Board
of County Commissioners . A tie vote among those members present
and voting shall act as a recommendation to neither approve, nor
deny. The Weld County Planning Commission shall either approve or
deny any application which does not require review by the Board of
County Commissioners . For those applications brought before the
Weld County Planning Commission for final decision, a tie vote on
a motion to approve the application by those members present and
voting shall be considered as a denial . "
Please call me at extension 4390 so that we may discuss ng a
time when we may consider these proposals
t )
/G- r-, G-2--,
ce T. Barker
Weld County Attorney
pc: Lee Morrison
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