HomeMy WebLinkAbout940809.tiff RESOLUTION
RE: APPROVE RATIFICATION OF AMENDMENTS TO BYLAWS - WELD COUNTY PLANNING
COMMISSION
WHEREAS, the Board of County Commissioners of Weld County, 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, on June 21, 1994, the Weld County Planning Commission voted to
amend its bylaws according to Exhibit "A", attached hereto and incorporated
herein by reference, and
WHEREAS, the Board deems it advisable to ratify said bylaw amendments.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the bylaw amendments approved by the Weld County Planning
Commission on June 21, 1994, as set forth in Exhibit "A", be, and hereby are,
ratified.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 29th day of August, A.D. , 1994.
�c BOARD OF COUNTY COMMISSIONERS
ATTEST: i /V �A WELD COUNTY, COLORADO
Weld County Clerk to the Board
Webster, C air
BY: (it4_41-"SaA�z
Deputy Cle o the Board Dale . Hall, o/Tem
APPRO S TO FORM: <
Gear . Baxter
1 , 4Y�3
Dungy Attorey7 Co stance L. Harbert
IMO arbara J. Kir eyer O
940809
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PROPOSED PLANNING COMMISSION BYLAWS CHANGE
Amend Article V.E. of the Weld County Planning Commission By-Laws, to read:
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.
940899
BYLAWS
WELD COUNTY PLANNING COMMISSION
ARTICLE I - Name of Commission
The Commission shall be called the Weld County Planning Commission.
ARTICLE II - Function and Duties of the Weld County Planning Commission:
A. The Planning Commission shall perform all functions and
duties and shall act and decide on all petitions and
applications submitted to it pursuant to state law, the Weld
County Home Rule Charter and ordinances and regulations
adopted by the Board of County Commissioners.
ARTICLE III - Membership of the Planning Commission:
A. The Planning Commission shall consist of nine (9) members
appointed by the Board of County Commissioners.
B. The Board of County Commissioners shall determine six (6)
geographic areas and appoint one (1) member from each of the
geographic areas. Each member shall reside within the
geographic area for which he is appointed at the time of his
appointment and during his term.
C. Three (3) members shall be appointed by the Board of County
Commissioners from the County at-large.
D. The term of office of each member of the Weld County
Planning Commission shall be for three (3) years. Said
terms to be staggered so that two (2) members from the
geographic areas and one (1) member at-large are appointed
each year.
E. No member of the Weld County Planning Commission shall serve
more than two (2) consecutive full terms.
ARTICLE IV - Officers:
A. The Weld County Planning Commission shall organize in the
month of August of each calendar year and shall elect a
Chairman and a Vice-Chairman whose term shall be for one (1)
year. The Chairman shall be eligible for re-election.
However, it is encouraged that the office of Chairman be
filled by a different Planning Commission member each year.
94080?
WELD COUNTY PLANNING COMMISSION BYLAWS
Page 2
B. The Chairman or, in his absence, the Vice-Chairman, shall
preside at all meetings of the Weld County Planning
Commission. If the Chairman and Vice-Chairman are both
absent the members present shall elect a temporary chairman
to act during the absence of the Chairman and Vice-Chairman.
C. The Department of Planning Services shall provide a
secretary to the Planning Commission. The secretary shall
maintain the records of the Planning Commission.
ARTICLE V - Meetings
A. The Weld County Planning Commission shall meet on the first
and third Tuesday of each month if there is business to be
conducted, in the Weld County Centennial Center, 915 Tenth
Street, Greeley, Colorado, at a regular time to be set by
the Chairman of the Planning Commission. In the event the
first or third Tuesday of any month falls on a holiday
officially designated by the Board of County Commissioners
of Weld County, the regular meeting may be rescheduled by an
affirmative vote of five (5) members of the Weld County
Planning Commission taken at least seven (7) days prior to
the date of the rescheduled meeting.
B. Special meetings of the Weld County Planning Commission may
be called by the Chairman or, in his absence, by the Vice-
Chairman, provided that at least twenty-four (24) hours
notice is given to each member prior to any such special
meeting date.
C. The order of business at all meetings shall be as follows:
1. Roll call;
2. Review of the summary of the previous meeting;
3. Business matters.
D. A quorum shall consist of five (5) members.
E. The concurring vote of a majority of those members present
shall be required to report favorable to the Board of County
Commissioners any plans, reports or recommendations of the
Weld County Planning Commission, or to approve any
application which does not require review by the Board of
County Commissioners. Votes to "abstain" shall neither be
considered a "yes" nor a "no" vote.
94089f
WELD COUNTY PLANNING COMMISSION BYLAWS
Page 3
F. The Weld County Planning Commission shall keep a summary of
its proceedings showing the vote of each member upon each
question, or if absent or failing to vote, indicating such
vote.
ARTICLE VI - Expenses
Within the limits of funds authorized by the Board of County
Commissioners, members of the Weld County Planning Commission
shall be reimbursed for mileage and other expenses incidental to
the performance of their duties as members of the Commission.
ARTICLE VII - Attendance
A. Members of the Planning Commission are required to
faithfully attend Planning Commission meetings.
B. If any member misses three consecutive meetings or misses
more than 50% of the meetings in any three month period, the
Planning Commission shall recommend to the Board of County
Commissioners that the Board ask the member to show cause
why he should not be removed for his failure to faithfully
attend the meetings of the Planning Commission. The Board
of County Commissioners, for good cause shown may determine
that the cause of the absence was excusable and that no
action should be considered.
C. It shall be the duty of the Secretary to record the
attendance of each member, notify the Chairman if any member
has failed to faithfully attend pursuant to paragraph "B"
above and to place any hearing regarding attendance of a
member on the Planning Commission Agenda. The matter shall
be the last item of business on the agenda.
ARTICLE VIII - Committees
A. The Planning Commission may establish such committees as it
deems advisable and assign each committee specific duties or
functions.
B. The Chairman shall designate the members of each committee
and shall name the Chairman of each committee. The Chairman
shall fill vacancies on committees as they may arise. No
member of the Planning Commission shall be required to serve
on more than two (2) committees.
940804
WELD COUNTY PLANNING COMMISSION BYLAWS
Page 4
ARTICLE IX - Amendment
These Bylaws may be amended by an affirmative vote of six (6)
members of the Weld County Planning Commission. No amendment to
these Bylaws shall be considered at any meeting of the Planning
Commission unless first submitted in writing to each member of
the Commission at least seven (7) days prior to the meeting at
which said amendment is to be considered.
Amended August 17, 1993
940809
•
„ 1., mtmoRAnDUAI
Barbara Kirkmeyer
WI`,k Chuck Cunliffe May 3, 1994
To Date
Bruce T. Barker, County Attorney
COLORADO From
Language in Section 24 . 3 . 1 of the Zoning Ordinance
Subje°tand 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 discua5,30,ing a
time when we may consider these proposals
Bruce T. Barker
Weld County Attorney
pc : Lee Morrison
940809
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY.`CdMMISS-IaNER$'0: S
Moved by Ron Sommer that the following resolution be introduced A3l1714ssage by
the Weld County Planning Commission. Be it resolved by the Wel-dtjCouaay Plapning
Commission that the proposed amendment to Article V.E. of he Weld"County
Planning Commission By-Laws be approved as follows:
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 a
final decision, a tie vote on a motion to approve the application by those
members present and voting shall be considered as a denial.
Motion seconded by Juliette Kroekel.
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 by-law amendment, 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 '3. ttman
Secretary
940809
MINUTES
June 21, 1994
Page 4
The Chairperson asked the secretary to poll the members to the Planning
Commission for their decision. Richard Kimmel - yes; Shirley Camenisch - yes;
Juliette Kroekel - no; Marie Koolstra - no; Ron Sommer - no; Judy Yamaguchi - no.
Motion denied.
Shirley Camenisch: "My reasoning for changing my vote, the last time I did
vote no on this, but they had no plan for this forty
acres other than to just try to make it residential or
estate, and this looks like a well thought out plan,
like they have done a little work on it in the last six
months, so I am going to vote yes this time."
• Juliette Kroekel: "I'd like to add that I've been known not to agree with staff
and this is one of those times. I am taking into
consideration the parcel of land, the last time I didn't agree
with the way it is developed, it holds the same this time
around. I feel there will be too many homes on that land, for
that piece, so I have to say no."
Marie Koolstra: "I vote no also and for a lot of the same reasons and I am
taking into consideration Tri-Area Planning their
considerations on this. I feel this is still basically a
mini-subdivision."
Ron Sommer: "To me it looks like we are taking a cow and dressing him up in a
fancier outfit and changing the names and going back with the same
thing that we had with the estate planning, you are still putting
four or five homes on 2 1/2 acres which is still to me a mini-
subdivision."
Judy Yamaguchi: "I think that the number of acres for the actual building is
not particularly safe.
Request: Consider proposed amendment to Article V. E. of the Weld County
Planning Commission By-laws.
Chuck Cunliffe stated to the Planning Commission members where in their
information packets they could find the amendment and that is was requested by
the County Attorney's Office.
The Chairperson asked if anyone in the audience would like to speak for or
against the amendment. No one wished to speak.
Ron Sommer moved that proposed amendment to Article V. E. of the Weld County
Planning Commission By-laws be forwarded to the Board of County Commissioners
with the Planning Commissions ' recommendation for approval. Motion seconded by
Shirley Camenisch.
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.
940809
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