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Home My WebLink About972869.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION AMENDED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY Moved by Stephen Mokray that the following resolution be introduced for passage by the Weld County Planning Commission Be it Resolved by the Weld County Planning Commission the proposed amendments to Section 4 of the Weld County Subdivision Ordinance, and Sections 10, 21, 23, 24, 43, 46, and 47 of the Weld County Zoning Ordinance be approved, with the addition of "Accessory Dwelling Unit" to Section 43, the addition of "Pnor to the issuance of the Temporary Accessory Farm use permit, the applicant shall provide for recording a covenant enforceable by the County which adequately describes the Mobile Home or Accessory Dwelling Unit and provides that the use of the Mobile Home or Accessory Dwelling Unit is subject to the Temporary Accessory Farm Use permit" to Section 43 2 3 3, the deletion, of Section 47.2 7, with the subsequent renumbering, and the deletion of the new definition of qualified ground water scientist The Planning Commission has determined that the following standards have been satisfied 22 3 2 1 The existing Zoning Ordinance is m need of revision as proposed, 22.3 2 2 The proposed amendment will be consistent with the future goals and needs of the County as set out m the Weld County Comprhensive Plan, and 22 3 2 3 The proposed amendment will be consistent with the overall mtent of the Weld County Zoning Ordinance �J PROPOSED CHANGES TO WELD COUNTY ZONING ORDINANCE * * (All sections not contained herein will remain unchanged) * * SECTION 10 DEFINITIONS 10 MOBILE HOME A transportable STRUCTURE which exceeds either 8 feet m width or 32 feet in length, is built on a chassis and is designed, when connected to the req red utilities, to be used as a year round DWELLING UNIT with or withou a permanent foundational del Is cent fhe `Wi®naLLll�tianufactured af rdoes� q otitle QW IED WOUND"W iTERCI TIST:r Ascie fine �vh' h sq receia r ®osf r. ua e� ® ee ana "' xenceca e g inficient fraila inkfhemaW§Heraces a ginee g,n ent aining; exp1hencein ground _ sva. er 1�,= ,dto eTfie d aC pr ss%opatA Y afions,� r ess o= nal exp—drienc o eom orpf ae edited un ig prograims _ fha en ba 1 th -itidivid— a so r ib-1 d me egardin _ _ uni Dter;m for rag contaaTniadf and ;transpor and corirecf ' e action SECTION 23 SITE PLAN REVIEW 23 Site Plan Review 23 1 Intent and Applicability 23 1 1 The intent of the Site Plan Review procedure is to provide present and future residents and users of land m Weld COUNTY a means' whereby orderly and harmonious DEVELOPMENT is ensured in Weld COUNTY Site Plan Reviews require additional consideration to ensure that the USES permitted are established and operated in a manner that is compatible with existing and planned land USES m the NEIGHBORHOOD The regulation of Site Plan Reviews is designed to protect and promote the health, safety, convenience, and general welfare of the present and future residents of Weld COUNTY 23 1 2 A Site Plan Review is required for USES in the following Zone Distracts the R-4 (High Density Residential) Distnct exce. o ' = ininoto • ®up1e, all Commercial Districts, all Industrial Districts, and in any PUD Districts where a USE would require a Site Plan Review in an R-4, Commercial, or Industrial Zone District 23 1 3 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 any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services 23.1 4 The Department of Planning Services shall not issue a buildmg permit for any BUILDING, or STRUCTURE m a zone district which requires a Site Plan Review until a Site Plan Review has been submitted and approved by the Department of Planning Services f 23 1 5 No Site Plan Review shall be required for 23 1 5 1 Normal repairs and maintenance of an ex sting BUILDING or STRUCTURE, - — 623-1 5 2 Alterations which do not affect S : ercertto e external dimensions of an existing BUILDING or STRUCTURE unlss such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE, and g23 1 5 3 Signs, fencing, OIL AND GAS PRODUCTION FACILITIES m the I-3 (Industrial) zone district, TEMPORARY STRUCTURES used for the sale of fireworks, or the TEMPORARY sale of Chnstmas trees -- 23 1 6 A BUILDING or STRUCTURE which was m place pnor to the effective date of this Ordinance No 89 re, c d; • r , scan have its external dimensions enlarged up to twenty-five percent (25%) of those external dimensions m existence at the tune this ,Ordinance was adopted, before a Site Plan Review shall be required, unless such enlargement is made to change the USE or type of occupancy within part or all of the enlarged BUILDING or STRUCTURE 23 1 7 Any person filing an application for a Site Plan Review shall comply with the COUNTY procedures and regulations as set forth herem 23 1 9 Applications for a Site Plan Review shall be completed as set forth in Section 23 2,, Application Requirements. The completed application and application fees shall be submitted to the Department of Planning Services ENlixed i Rah p311l.'1i Any -a r o eed. Sife Phan e w s -all e 1'ffi ed o the i,on they S"fie ,plan eviema ajor Gran` om e approyed'$5'ile Plan- _ evie znap shall, quire the a roan en -rit ot4 D9a ellapartme e s responsble-for eeinng,,,whether almajo4 Than e Any hall , ce=o he ePlatt nArt f , 23 2 Application Requirements for a Site Plan Review 23 2 1 f The purpose of the application is to give the apphcanf an opportunity to demonstrate through wntten and graphic information how the proposal complies with the standards of this Ordinance The following supporting documfnts shall be submitted as a part of the application 1 l i e any eg ew,alean° 223: :r2 4 A. copysofadeed°or e a1 �� 3' ar alli reetneri az h°t`1d sepparate,'A0 yp6gship) 1�gs ces en iden mg the aifiral suin e - n ptian for u rogr as uses oirm p3:2 14i K con o declaration an Ile l desc i fion fore tfe.condo ;if a� l; reJ A �-�s. .... I ,rte.. � -x r .�.. 23 2 1 5 A Wall description of the proposed use, 23 2 1 6 The applicant shallatiffilevidence that the USE m the zone district shall have an adequate source of potable water and meet the requirements of the zone district, 23 2 1 7 The applicant shall ,M"mil evidence that the USE in the zone district shall have adequate sewage disposal facilities and meet the requirements of the zone district if der s existing sep c spier tacate tl% S e he ,Plii ank shalia n�c1Ade h� ap ca on a i orma nTe tie otitainetlyoallia 23218 b el _ �-- . p-epAtt cnt o 'Planriu g Se is `s '6untyrPub Wounib f emilo Yeesassocia 1 t E ptev 4d d�. 23 2.1 10 A statement indicating that the proposed USE_meets the required SETBACK ' MSETTrAultejnelqof the zone district, 23 2 1 11 A eneralf d" sk c o bui din ons 'k tingo the � : � °s ze iand exT o bo struction materials f e building ,r used n uffi ien de ail fo e hibit the relative co ry t ii'i the' p it ifh tliebharab er t he suftou`rid ng3 id uses; 232-.1J.2,AT1Wide.SWbig pro ose awn tp an approp gate scale which shall idttltfd°e spe cation f co ed's gn id sign tivctute akin w .th1 dY4.� � Y. o �.S PL� M'ethirdo'f'con"sirabtion and attac 1 o h ffh.s d_sition _ di=O, fth' signcs)4n e ha = ho in on th t, re vea�iu%ldnge 23 2 1 13 Statements describing that the LAI' DSCAPE requirements listed below have been meet ',nearby ® i dings' fd struc es oposed\sigg 117 plyfor-and 23 2 1 13 1 e 1pithal adhefe axiiniuin;Lo Cpve 0e "uireixie _ o e fiedistrict 7as _ owl n7,e CRegtnreme ltM fh _te1 9 panty nin rdir ce.L and shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitable landscaped, 23 2 1 13 2 That portion of a LOT in the zone distnct which abuts a public or private street nght- of-way.-shall av a minmum ` (l5) of e l eape-seetback, u"nl"ess the, LOT is -governed b ,i"'"e estrictike andscape setbackncontai ddd w eg a district. eap and e ck i§measured at a right angle from ., irig of 'Or dr U Ightig-WarteRi atkifi torage,area, or structure Sidewalks and driveways may pass through the required LANDSCAPE ac 2321133 mg techniques all b tdrzed arkJp£ :tu9: aid :ii Lift r i !� tom roadways; 2321 134 T!i a pi latssVin i1a11 j slid. alltifo ep� at'ddll e udh .Sr'ocTo onto MA 1 rvices a Atax ed �S rd t of TSB' 1'ila ' ecng- 23 2 1 13 5 The ap all sunniit7fo ep ofi lani n' Services a m lee pla =rtli@p c oscd ebNigor e'' 2321 14 A statement -accompanied by evidence explaining how the storm water runoff will be handled If physical changes to the site are proposed (grading, paving, increased roof areas, etc) then evidence, maps, and calculations explaining how storm water retention facilities are designed -to retain/the storm water runoff in excess of the historic flow from the undeveloped site shall be designed for a 100 year storm and r release retained water at a rate not to exceed a five year storm falling on the undeveloped site, 2321 15 232116 2321161 23.2 1 16 2 232117 2321 18 A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the Off -Street Parking Requirements listed in Section 41 of this Ordinance Sufficient SCREENED, off-street, paved -parking areas shall be provided in all districts A statement explaining that the loadingr/Amce areas in all districts shall be located, designed, and constructed m a manner that is in conformance with the standards below Sufficient space shall be provided in loadingY. ervice areas to accommodate the vehicles being loaded or unloaded wthout encroachment upon neighboring property or nghts-of-way Loadinlservice areas shall be paved, Loading areas located within the I-1 "-id I-2 Districts shall be designed to comply with the appropriate use regulations under either Section 34 2 or Section 34 3 of this Ordinance, A statement explaining that the lot $hall have safe access to an approved public or private street The design designation of a street or highway as to type shall be in conformance with that shown on the Weld Coun Trans a°,rtatiori Plan and/or the Master Plan of the affected municipality, A statement explaining that new accesses to PUBLIC rights -of -way shall be constructed using the minimum standards below Designs exceedmg these minimums may be required by the Weld COUNTY ub1c`=V ork0 Department depending upon the number and type of vehicles generated by the USE proposed, 23 2 1 18 1 Size of drainage structure -I riches ruin_ n diameter, 23 2 1 18 2 Length of drainage structure - 20 23.2 1 18 3 Depth of cover over pipe - 12 inches, 23 2 1 18 4 Width of access - afp, 23 2 1 18 5 Maximum grade of access - 15 percent, 23.2 1 18 6 Flare radius - 20r residenfi l zo eldidfff6 40 fodfini'i ilif6 it 23 2 1 18 7 Depth of surfacing = � gin" ee' r g6slgri: r "sec ® yry lITesun l 23 2 1 19 A statement explaming acceleration/deceleration lanes when required by the Weld COUNTY . '0, r rg Department or- the Colorado get_ ill provide safe, efficient access to ARTERIAL or COLLECTOR STREETS; 23 2 1 20 A statement explaining that —the trash collection areas or facilities are located, -_ designed, and used in a manner that shall meet the requirements of the zone district, 23 2.1 21 A statement explaimng that the USE conforms with the following operation standards to the extent that they are affected y location, layout, and design pnor to construction and operation Once operational, a operation shall conform to the standards listed , below 23.2 1 21 1 Noise- USES and STRUCTURE M. the Commercial and Industrial Districts shall be located, designed, and operated m accordance with the noise standards as established in 25-12-101 CRS, 23 2 1 21 2 Air Quality USES in the Commercial and Industrial Districts shall be, located, designed, and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission, 23 2 1 21 3 Water Quality USES in the Commercial and Industrial Districts shall be located, designed, and operated in accordance with trt the standards established by the Colorado Water Quality Control Commission, 23 2.1 21 4 Radiation and Radioactive Materials The handling, USE, storage, and processing of radioactive materials shall be in accordance with the applicable regulations of the State of Colorado and the Umted States Government, 23 2 1 21 5 Heat USES located within the Commercial and Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit, 2321216 0 !1, °he u8 . Vl e ;Any lighting, including_light from high temperature processes Such as welding or combustion, shall be designed,` located, and operated in such a manner as to- meet the following standards sources of light shall be shielded so that beams or rays of light will not shine -directly onto ADJACENT properties, neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private -STREETS, no colored lights may be used which may be -confused with or construed as traffic control devices, aid 23 2 1 21 7 Property Maintenance All property shall be maintained m such a manner that grasses and weeds are not permitted to grow taller than twelve (12) niches The property owner shall not allow the growth of NOXIOUS WEEDS 23 2 1 22 SITE PLAN REVIEW MAP The site plan map shall show and comply with the following requirements = _ 23 2 1 22 1 The size of the map shall be 24 inches by 36 inches, 23 2 1 22 2 The scale shall be one mch-equals 200 feet Department of Planning Services, 23 2 1 22 3 Section, township, and range, r another suitable scale if approved by the 23-2 1 22 4 North arrow, $ 23 2 1 22 5 Outline of the perimeter of the LOT, 2321226_ s adjacen o` s End i,. 23 2 1 22 7 The location and name of any water features or irrigation ditches within the perimeter of the LOT, 23 2.1 22 8 The location and names of all roads abutting the LOT, 23 2.1 22 9 The location and name of any water features or irrigation ditches within the perimeter of the LOT, ' 23 2.1.22 10 All existing and proposed STRUCTURES 23 2.1 22 11 diniehs10 C 23 2 1.22 12 All utility easements or rights -of -way for telephone, gas, electric, water,i and sewer lines, ' 23 2 1 22 13 fr11611 ₹i Wawa 23 2 1 22 14 _Crenefa3 i ! r o��al n arran n�_ats 23 1 3 §. TEaAA1 yRE W,TL'AT A Site nan R iew Plat shalIIbe " epared ' fe a ISi� Pla Revrew-a plrea%i5ffi approved. ,TheVatTshall'be`s fiu ed `toftheepla mer'for - re —aid gin the off e of eld"Count Clerk , d Recorder y The platshall i e the o loin iNti ents 23:'22,31] The a s a11`bl hatedin nonfadingrpern`fan nf`blackin onadiensionally " stable pol1,ester-sheet much as cro ormylar per product ofequai�gihree idillimeterrYor�greafer in thickness Tlie size of eacli shalltb�enty tour in h s 24' - .A.. ._... Ji+,.� "d$..n 4....r,� t t5A.a+.d1�8:�m,..-:_.ea1� in'hei�h' by tliu ty�six �3' } in wid a miming of sliee sizes s rohiliited. Igo ply 0ubrriifte • ITajl coritai �a iyformo stick-cin= I °'"rage "bucha pit not lrmrtto r.,.;. 'i*� °fa..1 G ma�.� Mick li : ' a hesive ilni qr kro ei e $ tap The drawing : [1 b'e attsu'iffidierl sea eix osall necess� detail 23:J 2 A phi lam po or,diazo se s timed la aop of the ort Ali n`lc dra:Wig maNi b'e su" -ffAi d Tlieiffat N s lrb 'Nate l tli ckneDI 2342:123 Tie p1a b itted will°coritaiiithe�ongfal s gnatures and -seals of a�11 gaities�require4 ��.. ��.�.._. .:z,y, � __,tee �..._ � , � �: ��, a srgn IIVIR °at: Tea pl oto rnyl r c y o o�ensrtd- *I c r `suli m t' the�orlgii4 ]grab res an sal sli b ;Oir iif d Mo 23:2123: 4 Y plat liaill be titled, `The D mentaof�'1 nniii ervicestShallfiIIa"n'`the alZpropria e fiber 23: '�23 5 The a =Ohalll,inc`l °°a71-,offhe� r f ms ap o e h `the Siteyl4 &ow Ma X3 2 1 e23. The 'lam sha ear the fo'lla�ving eertiffRlons � 2ti1 2376j Prop rt ®wner's oCOYiif ea e f35".,:,,., „_.ea....,. � .SLY a I thp' uncle sigriedlrce 'fyog afthe uses b ld ngs an s Mat ocatedfo ties Simi Plan Re ie k&silapiedian v ill'b eonsyudtedra d operated it aceordanceewr�tli ap 'cable erformako: stWaid:§7. d-diatiot#regMIOTr tints for th7e dis riet as;statedin the Weld C-b-MyZo g rdmanc "d accordariee witl yi- co fi r impos d bard ; InniA dime t OlrOlesQ was oned oIre on'd uride stand my a tiffat e i ly --O formaiic titan` afds,'andloanyc ndifions could resuli�e cunfyniiaTmg a:compl ance - actio aTfns e. Swnatur o Rio'e�iy Owns Qmrnission .twevontm SECTION 24 USES By SPECIAL REVIEW - 24 5.1.5 1 ' Storm water retention,facilities shall be provided on site which are designed to retain the-storm',water runoff from the fully developed site from -a' 100 year -storm Irma, 1- 6,91 w1 el in 50.0 zEG:�S I Goitifol a SECTION 43 MOBILE HOMES AND ACCESSORY DWELLING UNITS (PERMIT REQUIREMENTS) 4311 After the effective date of this Ordinancepo MOBILE HOME or Accessory Dwelling Hint may be located or relocated in Weld County affer `ugust25;71!98,1except in accordance with Section 43 of tlus Ordinance, including the issuance of any zoning permit which may be required by that Section Each MOBILE HOME located or relocated -in Weld County after the effective date of this Section must have a BUILDING permit for a MOBILE HOME issued pursuant to the Weld County Building Code Ordinance ch. A ESSO J fI7ILDTNGTifsed as a'DWEL`I�:ING UNIT.constiuctedr We1'd:Counfy for a us Iis ed5h7S' Ifxo1lus Or is tna e3 must obtain eee:appr©va oa) a imingpeui Et' forayp ose lisfed 'ice ec ion 4 -0,1:4 ui ding er=mi su y Departure _ ttf=" Punning§ery s; An application for any zomng or building permit for a MOBILE HOME or Accessory DV I I II�`9, i N I1 required by Section 43 shall include the following gyp... 43 2 Mobile Homes Permitted in the A District MOBILE HOMES and Accessory Dwelling Units are allowed in the A District for the following USES upon the issuance of the appropriate zomng or BUILDING permits according the following requirements 43 2 3 TEMPORALRNi Accessory Farm Use 43231 One MOBILE HOME or Accessory DWELLING UNIT may be permitted in the A District as an ACCESSORY FARM USE upon a determination by the Department of Planning Services that 43 2 3 1 1 The MOBILE HOME or Accessory DWELLING UNIT will be occupied by persons rmcipallyieustomarily employed at or engaged in the operation of the USE where the MOBILE HOME or Accessory DWELLING UNIT is located c ess�ar n use o%theYnio i =r ome sHal e esfablishe" m va" h'da"'wed on aif . b as foll`owsJ EV'Wei eysl I =fib edNt4a p ali r i erty owner b st'la e cli `rear orrerandacce`iice bye ep.� e t'ofP ng,Seies�ve gaff fl mob"ile Imo cu t@tis "rind11 einplond a r_e gaged i he' fafm- ub' f roe `T e fdence hall" ggis of .tax s s:xo other ONTOhlr e e MVgyita "by Hid, oAieratiori m�l�en WattA t o£Pla niffee 43 2 3 1 2 The MOBILE HOME or Accessory DWELLING UNIT is necessary for the effective and economic operation -of the USE and/or protection of the agricultural USE rTh 43 2 3 1 3 The MOBILE HOME or Accessory DWELLING UNIT will not be used as an income source by the applicant for rental to persons wh0,0re not principally employed upon the LOT 43 2 3 1 4 Adequate water and sewage disposal facilities are available to the MOBILE HOME or Accessory DWELLING UNIT 43 2 3 3 A zoning permit for more than one MOBILE HOME or acccssory DWELLING UNIT in the A Distract as an ACCESSORY FARM USE may be issued artmen' upon a et inatiari e. c 't ectians r ii rwaDio.:4_.§pryiOls ougfi4.2.3'and i�43:a t ®an =a�1"can TS: 'fft able�m th enters S ctio the zoo u 3 e =mx�na . eF slued .nly upon approval by the Board of County Commissioners The Board of County ,commissioners shall review the application for compliance with the criteria set out ih Sections 43 2 3 1 1 3 at a regularly scheduled meeting of the 3oard The Board of County Commissioners shall give notice of the application for 0 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 Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate) Inadvertent errors by the applicant in supplymg such list or the Department of Planning Services m 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 The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME er accessory DWELLING IT on the surrounding properties In addition, the Board shall consider compatibility of the MOBILE HOME or accessory DWELLING UNIT_ 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 (MEDICAL HARDSHIP) 4324.1 . z innia` z j for th t a a he A isle iSSU _f i D ep OM 43 2 4 1 1 A medical hardship exists in which the person to be living in the MOBILE HOME requires the supervision and care of those persons_ residing in the principal DWELLING UNIT on the property (or the reverse) Documentation oftfe medical hardshifS*41l-lie or o estab'Iishedamaletter'_mthe subject'aNmedical doctor ther euid�ence deemed suits = e y thelDe"°P tinfreri rif p aabl in 2W4 he fetter shall be submitteddas a paf the2oriini pernutappMea t, and sh 1a 7yerify=that=the suliject i§-;physiqly impaired dnd ql regglctime,care 43242 A Kg! tW HOMEiz ring permit rfor-tenSCora i accesso use during rmed cal. hatdsliip i e�Ay3Distn_ct ri .-371) issueti FEW `'D,e anent o axrruh Seiviees,30ri a determitiahon' thaf"tli ge-ka e Sectio s 43 2 41:1•throbgh 43 2=J 3 and Sethi 43=4 2,of ,h s Ofdinane" are et the- p hc"�an�ts) is not ablet meetth Ai,e as Stated�in Sec ion 4 ;the Board of County Commissioners -shall review the application for compliani fe with the criteria set out in in Sectiong 43 2 4 1 1 tlirou 43:2 4 fJ 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 Colorado 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 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 (OFFICE IN THE A DISTRICT) 43253 A zoning permit for more than one MOBILE HOME as an accessory OFFICE unit in the Agncultural District may be issued bythe 'a tment0o , 1 nni g7Seivgees t ,on a: deferimuiation thafth cntnaoffSections`43E 2 55T:1 tbiroughi3-2:5:1.4 and Section 43:4:2xo �is oft..1m rice are mel, Ifthe"applicanf(s)Eis ioM151b to med.(tl5e cnferia tatO i Sections 43':4:2 5. ltliroughh43:2 5.1.4 fhe�zoning,permlima b 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 Section 43 2 5 1,11 thqugh4 3 = .5'1 4' 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) feefof 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 Colorado 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 junsdictional 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 sl'�all 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 numbeif where further information may be obtained The sign shall be posted at least ten (10) days'pnor to the meeting date 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 (PRINCIPAL DWELLING) 43 2 6 Pnncipal DWELLING UNIT A g permittforIhelfuse of a Pine LL 'n A9Dis "ct zna b- litianzrimees .aa. Uf tliiS o!d 1 in the A District as a principal DWELLING UNIT upon the issuancc of a zoning 43261 The Board of County Commissioners shall hear the application at a regularly scheduled meeting of the Board ec '432:6.:1 3 4 andW0W chn4j34t ofIu ordt .� 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 Colorado 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 m 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 meetmg 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 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 43 2 7 ' TEMEORARRY2 Accessory STRUCTURE One MOBILE HOME used as an accessory STRUCTURE in the A District may be permitted upon a determination by the Department of Planning Services that - 43271 which AIL Electricity is the only utilrt be connected to the MOBILE HOME -- 43 2 7 1 1 Compatibility with surrounding arca, harmony with the character of th a � 43 2 7 1 2 Compatibility with thc Weld County Comprehensive Plan; 43 2 7 1 3 The general health, safety and welfare of the inhabitants of thc arca and the COUNTY 43 2 7 2 The MOBILE HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person 43 2 7 3 The applicant harttist demonstratedjthat no reasonable alternative exists to using the MOBILE HOME as an accessory STRUCTURE 43277 A zoning permit for more than one MOBILE HOME in the A District used as an Accessory STRUCTURE may be issued‘ ' = ri s g S-ervities;upor ei"effiim o a e a o ifeeti s, 3'2771p ou 743 2Wion c i a ..f. 43 ,4.2 zo � _ o' mane: � - :�tne . r a � appiif �s is notfab�leee ekcntena ecf `"n~43 2," h n pern ay e iss� . ue only upon approval by the Board of County Commissioners The Board of County Commissioners shall review the application for compliance with the criteria set out in Sections 43 2 7 1 through 43 2 7 E4 at a regularly scheduled meeting of the Board The Board of County Commissioners ,shall give notice of the application for a zomng 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 Colorado 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 junsdictional 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 The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the accessory STRUCTURE MOBILE HOME on the surrounding properties In addition, the Board shall consider compatibility of the accessory STRUCTURE 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 (ie inhabitants of the area and the COUNTY Atsuch�time thaws moliilli m to' be a1s : t ofUeterf f n ® ti property owner _ wilEbe regwr �bileameg om;the,�� Y, rpp (COMMERCIAL/INDUSTRIAL DISTRICT) s gredfforeaeCestOfy s e us 2is gtefmined pa y ti l p orPlannt en/WO eilherrepatr he ob"il 1rif&Tiren e�""' 43 3 1 One MOBILE HOME or Accessory DWELLING -UNIT may be permitted as an ACCESSORY USE to the principal/USE in certain C or I zone districts, upon a determination by the Department of Planning Services that 43 3 1.1 The MOBILE HOME or Accessory DWELLING UNIT is necessary for the effective and economic operation of the business, commercial or industrial activity 43 3 1 2 The MOBILE HOME will not be used for residential purposes other than for the purpose of the protection or control of the principal USE 43 3 1.3 Adequate water and sewage disposal facilities are available to the MOBILE HOME or Accessory DWELLING UNIT 43 3 3 1 zomnglpernniffar=ojne Aeeessoi I?WELT for a MOBILE IIOME in the C or I Districts as an ACCESSORY USE to the principal USE may be issued mhepemu ,14 e'Term na at i e ffi erg of S 3-37i thiPiigl; a3TA an a 3 ftfiis=orditTa late n" a ap t s 's o able oy eet fheie" Seefi in'il 5-2, kn ertm a ism ed only upon the approval by the Board of County Commissioners The Board shall review the application for compliance with the criteria set out in SectionN 43 3 lotgli3f3.1:3 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 witlun 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 Colorado State RESOLUTION Zoning & Subdivision Ordinance Changes July 1, 1997 Motion seconded by Glenn Vaad VOTE For Passage Against Passage Glenn Vaad Cristie Nicklas Mane Koolstra Stephen Mokray Shirley Camemsch Arlan Marrs The Chairman declared the resolution passed and ordered that a certified copy, along with the attached materials, be forwarded to the Board of County Commissioners for further proceedings CERTIFICATION OF COPY I, Tammie Pope, 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 July 1, 1997 Dated the 1st of July, 1997 _ SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, July 1, 1997 A regular meeting of the -Weld County Planning Commission was held July 1, 1997, in the County Commissioners' Heanng Room (Room #101), Weld County Centennial Building, 915 10th Street, Greeley, Colorado The meeting was called to order by Chairman, Arlan Marrs Tape 528 Glenn Vaad Cnstie Nicklas Fred Walker Mane Koolstra Jack Epple Rusty Tucker Stephen Mokray Shirley Camenisch Arlan Marrs Present Present Absent Present Absent Absent Present Present Present Also Present Monica Daniels -Mika, Director, Gloria Dunn, Current Planner, Kern Keithley, Current Planner, Department of Planning Services, Lee Morrison, Assistant Weld County Attorney, Trevor Jincek, Supervisor, Weld County Health Department, Tammie Pope, Secretary The summary of the last regular meeting of the Weld County Planning Commission held on June 17, 1997, was approved with a correction REQUEST Changes to the Weld County Zoning Ordinance and Subdivision Ordinance PLANNER Monica Daniels -Mika, Director, Glona Dunn, Current Planner and Kern Keithley, Current Planner Monica Daniels -Mika explained why the Department of Planning Services' staff feels the proposed changes are necessary, noting that the intent is to make the Ordinances more user friendly and to provide clarity in the land use process The purpose of the changes to the Subdivision Ordinance is to make the regulatory documents adhere to the Intergovernmental Agreements Mane Koolstra asked for clarification as to when an IGA would take precedence Ms Daniels -Mika stated that the IGA is an Ordinance adopted by the County, and is an additional regulatory tool The Department of Planning Services' staff is trying to tie them all together Lee Mornson stated that he missed a portion of the previous meeting and was concerned by some of what he read in the summary The IGA is an officially adopted document, consistent with the other planning documents The Planning Commission's scope of authority is defined by the various Ordinances, including Intergovernmental Agreements Mr Morrison stated that he did not feel it was appropriate for the Planning Commission to say that the document is not one they favor, and therefore ought to be ignored Ms Koolstra asked who will "police" the IGA's to make sure that all sides involved are participating, noting that Firestone did not participate in the last heanng without coercion Mr Morrison discussed how all sides have the ability to seek specific performance of the Agreement, and the Department of Planning Services' staff has talked with the Town of Firestone representatives to address how the Agreement will work Ms Daniels -Mika explained that the current language in the Zoning Ordinance states that every five years the Zoning Map needs to be readopted The County is currently in the process of going to GIS, so the proposed change is to remove the time parameters Glona Dunn gave an overview of the changes to Section 43, Mobile Homes and Accessory Dwelling Units The Department of Planning Services' staff is proposing to limit the type of structure allowed for accessory farm use to only mobile homes, which are temporary Accessory dwellings are permanent structures, which make them inconsistent with the temporary nature of the allowed use Ms Dunn stated that the staff is also recommending approval of language requiring that the need for an accessory to farm mobile home be established and then revalidated annually There was discussion between Ms Koolstra and Ms Daniels -Mika as to why these changes are necessary Ms Daniels -Mika explained that this change is requested so that justification for the use will be required Ms Koolstra noted her personal WELD COUNTY PLANNING COMMISSION MINUTES July 1, 1997 Page 2 expenence where neighbors were more receptive to the idea of her kids building a home, but the County was more receptive to the idea of a mobile home Arlan Marrs stated that he, as a landowner, does not want to be limited to mobile homes Kern Keithley reiterated that accessory to the farm is a temporary use, and so by nature, a mobile home is much easier to remove than a stick built home Mr Marrs asked if a modular home is considered a mobile home Ms Keithley stated yes, as long as it is not on a permanent foundation There was discussion about the Uniform Building Code regulating the type of foundations for permanent and temporary structures Mr Marrs stated that he feels that landowners should be able use mobile homes, modulars on permanent foundations, or even stick built homes as long as they agree to remove them when there is no longer the need for them There was discussion regarding the differences between mobile homes and manufactured homes Lee Mornson explained that manufactured homes are those placed on permanent foundations and they are treated the same as stick built houses, all others are referred to as mobile homes Mr Morrison suggested that a separate vote be taken for this issue Ms Dunn gave an overview of the Medical Hardship and Temporary Accessory Structure Sections Ms Koolstra asked if the Department of Planning Services' staff checks on the compatibility of a temporary accessory structure, Ms Dunn stated no, because it is not a zoning permit process Ms Koolstra stated that she feels this is Inconsistent, as often times these mobile homes are not as well taken care of as mobile homes that are lived in Ms Dunn explained that in the agricultural zone, a small, stick built storage building Is a use by nght Therefore, a mobile home used for storage would be compatible, as it would only require a building permit Mr Marrs stated that he feels this encourages the use of mobile homes for storage Mr Mornson stated that this does not encourage the use of mobile homes for storage, as the building permit would be an additional hurdle not required for the shed (unless it has electricity) Ms Keithley gave an overview of Section 23, Site Plan Review, explaining that the revision was prompted by the lack of information requested from the applicant in the current packet Trevor Jincek gave an overview of Section 47, Livestock Feeding Performance Standards The changes were made because there was a problem with the way it was wntten in the past As it was written, every livestock feeding operation in the County was in violation of the Ordinance Mr Jincek gave examples of the unrealistic things the Health Department was to have approved in the previous wording It has been amended to a list of standards or criteria which can be used to evaluate the operation or compliance of the facility if the Health Department were to receive a complaint Stephen Mokray asked what the Health Department does prior to this to prevent complaints Mr Jincek stated that the best management practices most facilities operate under are not part of any Ordinance or Regulations The Health Department has found that most Ordinances are most effective when complaint -driven, and they also do not have the staff to inspect the facilities one by one Ms Daniels -Mika added that the Health Department will respond to requests for proactive suggestions After discussion, it was decided that "water -tight" will be deleted from Section 47 2 1 and "in accordance with the Confined Animal Feeding Operation Control Regulations" will be added after "surface" Per Ms Koolstra's request, Mr Jincek discussed ground water monitoring wells Mr Marrs asked if the monitoring wells could be implemented if Section 47 2 7 were not included Mr Morrison stated that if the County was going to assume the cost for the well, it would not be necessary However, since the County wants the information developed by the party suspected of causing the problem, this wording would be necessary for authority to obtain the information There was discussion regarding groundwater being public property, regarding the CAFO regulations, and regarding the County's authority There were concerns that 47 2 7 was too broad Glenn Vaad suggested the elimination of the paragraph due to the State's power to protect the health and welfare of the people, and also because the Use by Special Review process attaches Conditions of Approval There was discussion about the qualified ground water scientist definition, Mr Jincek stated that if 47 2 7 is deleted, the definition can also be deleted After further discussion, it was decided that 47 2 7 is unnecessary, as the County will be protected by CAFO Regulations Glenn Vaad moved to delete 47 2 7, with the subsequent renumbering, and to delete the new definition of qualified ground water scientist Stephen Mokray seconded the motion WELD COUNTY PLANNING COMMISSION MINUTES July 1, 1997 Page 3 The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnsfie Nicklas-yes, Mane Koolstra-yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously Glenn Vaad questioned the wording of Section 4 6 14 and asked why it talks about the responsibility of "the planner" until the end, and then it refers to "the Department of Planning Services" Ms Daniels -Mika explained that the planner makes a recommendation to staff, which then becomes the recommendation of the Department of Planning Services Ms Koolstra stated that the wording of Section 43, to her, implies that the County looks at agriculture as impermanent There was further discussion about Section 43 Ms Daniels -Mika suggested that the wording be changed to include anything but a stick built structure, which is a permanent structure Mr Marrs stated that as long as the landowner understands it is a temporary use, he should be able to place any type of structure on his land There was discussion about accessory structures causing confusion to prospective property buyers, they could give buyers the impression that the structures are a use by right Mr Morrison suggested that the permits be recorded or covenants be required in order to give legal notice Per Shirley Camenisch's request, Ms Daniels -Mika discussed what the fees are based on Ms Koolstra, asked what landowners such as Francis Gregerson (Gregerson Dairy) will do with existing permanent structures Ms Daniels -Mika stated that Mr Gregerson has already substantiated the need for accessory dwellings, so there is no problem If the use were to change, Mr Gregerson could work with the Department of Planning Services to try to reclassify the accessory dwellings Ms Daniels -Mika explained how there is no accessory use available to rent a structure in an agncultural zone district Mr Marrs asked if the Department of Planning Services' staff wanted to make any changes to Section 43 before the Planning Commission votes on it Ms Daniels -Mika recommended that a consistent standard be used throughout the Subdivision and Zoning Ordinances stating that the first two pages of the application will be recorded at the Weld County Clerk & Recorders Office and the appropriate fee will be paid Mr Morrison and Ms Daniels -Mika discussed whether the annual reviews should be recorded as well Mr Mornson again suggested that a covenant be required It was also suggested that the property owner be required to notify the Weld County Assessor's Office, and they in turn make a notation on the property tax notice Mr Morrison stated that the Assessor's Office would have to be involved in that decision Mr Marrs asked how big of a problem the issue is Ms Daniels -Mika explained that the Department of Planning Services' staff is starbng to see many such cases all of a sudden Mr Marrs noted that the changes requested by the Department of Planning Services' staff will not prevent the possibility of someone buying property with the misunderstanding that they can use the existing accessory dwellings as they please Ms Daniels -Mika reiterated that a temporary structure needs to be temporary Ms Daniels -Mika explained how the property owners will be reminded yearly to submit justification of the use There was further discussion about to what extent the County should go in order to make the disclosure process as easy as possible for any prospective buyers Cristie Nicklas moved that the Subdivision Ordinance changes be forwarded to the Board of County Commissioners with Planning Commission's recommendation for approval Stephen Mokray seconded the motion The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnsfie Nicklas-yes, Mane Koolstra yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously Cnsfie Nicklas moved that changes to Section 43 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners, with the deletion of "Mobile Home" and replacement with "Accessory Dwelling Unit", with the Planning Commission's recommendation for approval Ms Dunn asked if Ms Nicklas' intent was to exclude mobile homes, Ms Nicklas stated no Mr Morrison explained that "dwelling unit" includes everything but mobile homes, so Ms Nicklas' was inadvertently excluding mobile homes with her choice of wording WELD COUNTY PLANNING COMMISSION MINUTES July 1, 1997 Page 4 Cnstie Nicklas moved that changes to Section 43 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners, with the addition of "Accessory Dwelling Unit" and with the addition of "Pnor to the issuance of the Temporary Accessory Farm Use permit, the applicant shall provide for recording a covenant enforceable by the County which adequately descnbes the Mobile Home or Accessory Dwelling Unit and provides that the use of the Mobile Home or Accessory Dwelling Unit is subject to the Temporary Accessory Farm Use permit" to Section 43 2 3 3, with the Planning Commission's recommendation for approval Glenn Vaad seconded the motion The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnstie Nicklas yes, Mane Koolstra-yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously Stephen Mokray moved that changes to Section 47 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval Glenn Vaad seconded the motion The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnstie Nicklas-yes, Mane Koolstra-yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously Glenn Vaad moved that changes to Section 21 4 3 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval Shirley Camenisch seconded the motion The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnstie Nicklas-yes, Mane Koolstra-yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously Cnstie Nicklas moved that changes to Section 23 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval Stephen Mokray seconded the motion The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnstie Nicklas-yes, Mane Koolstra-yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously Glenn Vaad moved that changes to Section 10 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval Cristie Nicklas seconded the motion The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnstie Nicklas-yes, Mane Koolstra-yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously Ms Dunn explained that the proposed addition to Section 24 is to give the Weld County Public Works Department the ability to use something other than the 100 -year storm to measure runoff, and to clean up the language Stephen Mokray moved that changes to Section 24 of the Weld County Zoning Ordinance be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval Glenn Vaad seconded the motion r WELD COUNTY PLANNING COMMISSION MINUTES July 1, 1997 Page 5 The Chairman asked the secretary to poll the members of the Planning Commission for their decision Glenn Vaad-yes, Cnstie Nicklas-yes, Mane Koolstra-yes, Stephen Mokray-yes, Shirley Camenisch-yes, Arlan Marrs - yes Motion carried unanimously 1 Meeting adjourned at 3 55 p m Respectfully submitted, kiajitiKiZCic-pfZ—J Tammie Pope Secretary Atr4 IIk COLOpADO (2) MEMORANDUM To Weld County Planning Commissioner Members June 25, 1997 From. Monica Daniels -Mika, Director, Gloria Dunn, Planner, and Kern Keithley, Planner Subject Ordinance Changes ZONING ORDINANCE RECOMMENDATION: The Department of Planning Services recommends that the following Zoning Ordinance Sections 10,24, and 43 be approved with changes This recommendation further proposes that Section 23 be repealed and replaced with new language, and Section 46 be deleted from text The Department of Planning Services staff has determined that the following standards have been satisfied 22 3 2 1. the existing Zoning Ordinance is in need of revision as proposed, 22 3 2 2 the proposed amendment will be consistent with the future goals and needs of the County as set out in the Weld County Comprhensive Plan, and 22 3 2 3 the proposed amendment will be consistent with the overall intent of the Weld County Zoning Ordinance SUBDIVISION ORDINANCE RECOMMENDATION. 2 The Department of Planning Services staff further recommends that the Subdivision Ordinance also be changed These changes are needed to ensure that deference is extended to all appropriate review agencies and agreements. orch97 SERVICE, TEAMWORK, INTEGRITY, QUALITY $$WISION ORDINANCE 42125 Floodplain and geologic hazard areas, existing structures, utility lines, ditches, streams, lakes, drainage ways, vegetative cover, oil and gas production facilities, and any other structure or feature located within the proposed minor subdivision 4 2 13 Any other information determined to be reasonably necessary by the Department of Planning Services that will aid in the review of the Minor Subdivision Sketch Plan application 4 3 Minor Subdivision Sketch Plan Processing and Review Procedure The planner shall be responsible for processing all Minor Subdivision Sketch Plan applications in the unincorporated areas of Weld County The Department shall also have the responsibility of ensuring all application submittal requirements are met prior to processing the application Once a complete application is submitted, the planner shall - 4 3 1 Refer the application to appropriate referral agencies, when applicable for review and, comment The agencies shall respond within twenty-one (21) days after the mailing of the application by the County The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response to the Department of Planning Services The reviews and comments solicited by Weld 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_ 4 3 2 Schedule a meeting with the applicant within forty-five (45) days after a complete application has been submitted The purpose of the meetirig will be to advise 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 to review the minor subdivision final plat procedures A Minor Subdivision Sketch Plan application shall be completed prior to submitting a minor subdivision final"plat application 4 3 3 Prepare a recommendation for the applicant addressing all aspects of the application including 4331 Ordinance for review and approval 4 3 3 1 - Compliance with ie eld;,County Compzehensive=Plan 'this-Ordiia ce the i2� r � z i�,j� ,}.+ „^' 1.'s. ..�� y�e 4s� �oyv§�i �a3^ zr zone d stnctinwhich;ttte proposeduse Fisloeated; andany adopted mtergovemmtntalf'agreemena orbasta, Idn a affected mqj mpalitiesl 4 3 3 2 Comments received from referral agencies 4 3 3 3 Comments received from surrounding property owners and owners and lessees of the mineral estate 4 4 Minor Subdivision Change of Zone — Second Step An applicant shall submit a complete change of zone application following the procedures found in Section 21 of the Weld County Zoning Ordinance After a complete application is received, the change of zone process should be completed within 120 days The planner should be consulted for the correct application fee 13 , 173-D November 26, 1996 ' O O (21) days may be deemed to be a favorable response to the Planning Commission The reviews and comments solicited by Weld 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 4 6 8 The planner shall prepare a recommendation for the Planning Commission addressing all aspects of the application including 4 6 8 1 Compliance with the Weld County Comprehensive Plan, this Ordinance, the zone district in which the proposed use is located, and any adopted - intergovernmental agreements, or master plans of affected municipalities 4 6 8 2 ' Comments received from referral agencies 4 6 8 3 Comments received from surrounding property owners and owners and lessees of the mineral estate 4 6 9 The Planning Commission shall hold a meeting to consider the minor subdivision application The Planning Commission shall provide a recommendation to the Board concerning the minor subdivision application' The Planning Commission's recommendation shall include whether the applicant has demonstrated that the standards of Sections 4 6 9 1 through 4 6 9 16 have been or will be met The applicant has the burden of proof to show the standards of Sections 4 6 9 1 through 4 6 9 16 are met The applicant shall demonstrate 4691 4 6 9 2 That provisions have been made to preserve prime agricultural land, 4 6 9 3 That provisions have been made for a public water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the minor subdivision including fire protection, 4 6 9 4 That, if a,public sewage disposal system is proposed, provision has been made for the system and, if other _methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the minor subdivision, 4 6 9 5 That all areas of the minor subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by,the subdivider and that the proposed uses of these areas are compatible with such conditions, 20 173-D November 26, 1995 4 6 13 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 and lessees of the mineral estate on or under the parcel under consideration The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing 4 6 14 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 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 ' 4 6 14 1 The assigned application number 4 6 14 2 The date, time, and place of the public hearing 4 6 14 3 The phone number and location of the Department of Planning Services 4 6 14 4 The applicant's name 4 6 14 5 The acreage of the parcel under consideration 4 6 14 6 The number of lots 4 6 15 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 ten (10) days pnor to the hearing 4 6 16 The Board shall hold a public hearing to consider the application and to take final action In making a decision ion the minor subdivision final plat application, the Board shall consider the recommendation of the Planning Commission, the facts presented at the public hearing, the information contained in the official record including the planner's case file, and whether the applicant has demonstrated that the standards of Sections 4 6 16 1 through 4 6 16 15 have been or will be met The applicant has the burden of proof to show that the standards of Sections 4 6 16 1 through 4 6 16 15 are met The applicant shall demonstrate 46161 in which the propoacd use is located 4 6 16 1 Com ban a with the Weld=Court Co `° 6 t p ty prehensive Plan this O�dtnance�the zonedistnct n whict the proposedd usejia located and"> angadonted gar y_,�'-'"`.a, aT�J�a�t'�n °°v K,arrxr "y-3c��,.rto«-.4:a..� �,Y�' ' r mtergover mental�agreements, or master plans,of affaclasi unicipaifies, 4 6 16 2 That provisions have been made to preserve prime agricultural lands, 4 6 16 3 That provisions have been made for a public water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the minor subdivision including fire protection, 22 173-D November 26, 1996 $V'1SION GRAMM O 42125 Floodplain and geologic hazard areas, existing structures, utility lines, ditches, streams, lakes, drainage ways, vegetative cover, oil and gas production facilities, and any other structure or feature located within the proposed minor subdivision 4 2 13 Any other information determined to be reasonably necessary by the Department of Planning Services that will aid in the review of the Minor Subdivision Sketch Plan application 4 3 Minor Subdivision Sketch Plan Processing and Review Procedure The planner shall be responsible for processing all Minor Subdivision Sketch Plan applications in the unincorporated areas of Weld County The Department shall also have the responsibility of ensuring all application submittal requirements are met prior to processing the application Once a complete application is submitted, the planner shall 4 3 1 Refer the application to appropriate referral agencies, when applicable for review and comment The agencies shall respond within twenty-one (21) days after the mailing of the application by the County The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response to the Department of Planning Services The reviews and comments solicited by Weld 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 4 3 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 minor subdivision sketch plan application, discuss comments and issues raised by referral agencies, and to review the minor subdivision final plat procedures A Minor Subdivision Sketch Plan application shall be completed prior to submitting a minor subdivision final plat application 4 3 3 Prepare a recommendation for the applicant addressing all aspects of the application including 4331 Ordinance for review and approval 4 3 3 1 Compliance w the�Weld Cdunty;Comp�ehen onne� di�stq,ct �m which �the:5proposed use r. intergovernmentalagree ents; o ,61,O er pla 4 3 3 2 Comments received from referral agencies save Plan; this Ordinance; the locatetl;�and any adopted ns o affected`m wri litiesf 4 3 3 3 Comments received from surrounding property owners and owners and lessees of the mineral estate 4 4 Minor Subdivision Change of Zone — Second Step An applicant shall submit a complete change of zone application following the procedures found in Section 21 of the Weld County Zoning Ordinance After a complete application is received, the change of zone process should be completed within 120 days The planner should be consulted for the correct application fee 13 173-D November 26, 1996 (21) days may be deemed to be a favorable response to the Planning Commission The reviews and comments solicited by Weld 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 4 6 8 The planner shall prepare a recommendation for the Planning Commission addressing all aspects of the application including 4 6 8 1 Compliance with the Weld County Comprehensive Plan, this Ordinance, the zone district in which the proposed use is located, and any adopted intergovernmental agreements, or master plans of affected municipalities 4 6 8 2 Comments received from referral agencies 4 6 8 3 Comments received from surrounding property owners and owners and lessees of the mineral estate 4 6 9 The Planning Commission shall hold a meeting to consider the minor subdivision application The Planning Commission shall provide a recommendation to the Board concerning the minor subdivision application The Planning Commission's recommendation shall include whether the applicant has demonstrated that the standards of Sections 4 6 9 1 through 4 6 9 16 have been or will be met The applicant has the burden of proof to show the standards of Sections 4 6 9 1 through 4 6 9 16 are met The applicant shall demonstrate 4691 4691 Co p ance' th WWeld sfr ct noun zonexdim which th pro mtergovernmentalkagreernents, tyompretiensi etPlan, thi rdinance; the posed use is located and,�anyadopted nor muster plans�of a ectetl�municipatitles:( 4 6 9 2 That provisions have been made to preserve prime agricultural land, 4 6 9 3 That provisions have been made fora public water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the minor subdivision including fire protection, 4 6 9 4 That, if a public sewage disposal system is proposed, provision has been made for the system and, if other methods of sewage disposal are proposed, evidence that such systems will comply with state and local laws and regulations which are in effect at the time of submission of the minor subdivision, 4 6 9 5 That all areas of the minor subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions, 20 173-D November 26, 1996 4 6 13 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 and lessees of the mineral estate on or under the parcel under consideration The notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing 4 6 14 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 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 4 6 14 1 The assigned application number 4 6 14 2 The date, time, and place of the public hearing 4 6 14 3 The phone number and location of the Department of Planning Services 4 6 14 4 The applicant's name 4 6 14 5 The acreage of the parcel under consideration 4 6 14 6 The number of lots 4 6 15 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 ten (10) days prior to the hearing 4 6 16 The Board shall hold a public hearing to consider the application and to take final action In making a decision on the minor subdivision final plat application, the Board shall consider the recommendation of the Planning Commission, the facts presented at the public hearing, the information contained in the official record including the planner's case file, and whether the applicant has demonstrated that the standards of Sections 4 6 16 1 through 4 6 16 15 have been or will be met The applicant has the burden of proof to show that the standards of Sections 4 6 16 1 through 4 6 16 15 are met The applicant shall demonstrate 46161 in which the proposed use is located 4 6 16 1 ponipliance�w�thttie�Weld,�;ounty,Com retiansive�Pian; this�Ordman'ce, the zone distnc n which, the proposed 4us 5s Iocatedd,anda any adopted nt tergovemmen%al agekimeiii rlr aster pla14 of aff..ected,munlcipalitles 4 6 16 2 That provisions have been made to preserve prime agricultural lands, 4 6 16 3 That provisions have been made for a public water supply that is sufficient in terms of quantity, dependability, and quality to provide water for the minor subdivision including fire protection, 22 173-D November 26, 1996 STATE OF COLORADO )s.s. COUNTY OF WELD Ruth Pelton-Roby, as manager of Pelton Publishing 'Company LLC, being duly sworn, states that it is publisher of the South Weld Sun, a weekly newspaper published in Keenesburg in said County and State; that said newspaper_has a general circulation in said County and has been continuously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of_the State of Colorado, entitled "An Act to regulate the printing of legal notices and advertisements," and amendments thereto; that the notice of which the annexed is a printed copy taken from said newspaper, was published in said newspaper, and in the regular and entire issue of every number thereof, once a week for _L successive weeks; that said notice was so published in said newspaper proper and not in any supplement thereof, and that the first publication of said notice as a oresaid, was on the _? day of , 1997 and the last on th _fL. of , 1997. PELTON PUBLISHING COMPANY LLC BY: Ruth Pelton-Roby, Manager Subscribed and sworn t before me this ' day of , 1997. f:�' Commission Expires ' 2-16-2000 Pamela Pi Baumgartner 5945 ',VCR C9 Kec ;064: sr, NOTICE OF PUBLIC HEAR9NG- The Weld County Planning Commission oval hold a public j hearing on Tuesday July 1 1997 at 1 30 p m The'publio LL hearing vn11 be held In the Weld County Commissioners' Hearing Room First Floor Weld County Centennial Center, - 915 Tenth Street 'Greeley Colorado Comments or obleclions related to the above request should be submitted in writing to the Weld County Department of Planning' Servioea 1400 N 17th Avenue Greeley Colorado 80831 Before the above date or presented at the public hearing on Jury 1 y 1997_ . - `Copies of the proposed changes are available for p.iblic inspection in the Department of Planning Services 1400 N 17th Avenue, Greeley, Colorado 80631 Please call Timms; Pope at (970) 353.6100 Fed 3540, or Fax tf (970)352 6312, poor to the day of the hearing so that reasonable accommodations can be made if, m accordance with the Americans With Disabilities Ad, you require special accommodations in order to —participate in this hearing as a result of a disability Consider updates and revisions to- various Planning Department Ordinances as follows ComPre henarve Plan "Delete MUD Map (2 1) Add reference to MUD Ordinance Subdmsion Ordinance Add minor subdivision language Ea Zoning Ordinance Delete PUD language Delete Section 28 Sedan 34 changes Industrial Sedan 47 changes Feedlot Sedan 43 charges Mobile Homes Sedan 23 changes Srte Plan Rethew Delete Section 46 Manufactured Homes Sedan 21 4 3 changes Plahned Unit Development Ordinance Introduction of new process Arian Marrs Chairman Weld County Planning Commission Published m the South Weld Sun June 19 1997 NOTICE OF PUBLIC HEARING - The Weld County Planning Commission will hold a public hearing on Tuesday, July 1, 1997, at 1 30 p m The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N 17th Avenue, Greeley, Colorado 80631, befoie the above date or presented at the public hearing on July 1, 1997 Copies of the proposed changes are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Please call Tammie Pope at (970) 353-6100, Ext 3540, or Fax # (970) 352- 6312, prior to the day of the hearing so that reasonable accommodations' can be made if, in 'accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability Consider updates and revisions to various Planning Department Ordinances, as follows Comprehensive Plan - Delete MUD Map (2 1) - Add reference to MUD Ordinance Subdivision Ordinance Add minor subdivision language Zoning Ordinance Delete PUD language Delete Section 28 Section 34 changes Industrial Section 47 changes Feedlot Section 43 changes Mobile Homes Section 23 changes Site Plan Review - Delete Section 46 Manufactured Homes Section 21 4 3 changes Planned Unit Development Ordinance Introduction of new process Arlan Marrs, Chairman Weld County Planning Commission 'To be published in the South Weld Sun To be published one (1) time by June 19, 1997 Received by Date 6 //, ]` ordlegal sef Weld County Planning Dept. JUN 1 7 1997 Hello