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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:
1. 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 This recommendation further proposes that Section 23 be repealed and replaced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.
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SERVICE., TEAMWORK, INTEGRITY, QUALITY
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972399
SUBDIVISION ORDINANCE
4.2.12.5 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:
4.3.3.1 Preliminary determination es to whether the proposed minor subdivision
eomplies with the requirements of the Weld County Zoning end this
Ordinance for review and approval.
4.3.3.1 Compliance with the Weld County Comprehensive Plan, this Ordinance,: the
zone districtin w ; proposed use is located land any adopted
intergovernmental agreements, or master plans of affected municipalities:
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 Chanae 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:
4.6.9.1 Compliance with the Weld County Comprehensive Plan end the zone district
in which the proposed use is located.
4.6.9.1 Compliance with the Weld County Comprehensive Plan,this Ordinance, the
zone district in which the proposed .use itlocated/' and any adopted
intergovernmental agreements, or master plans of affected municipalities.
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;
20 173-0 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:
4.6.16.1 Compliance with the Weld County Comprehensive Plan end the zone district
in which the proposed use is located.
4.6.16.1 Compliance with the Wefdcounty Comprehens_ ive Plan, this Ordinance, the
zone ,district yin wh!c � tife" proposed 'use is located, and anyadopted
intergovernmental agreements,or master plans of affected municipalities[
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 November26, 1996
RESOLUTION
Zoning & Subdivision Ordinance Changes
July I, 1997
Motion seconded by Glenn Vaad.
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Marie Koolstra
Stephen Mokray
Shirley Camenisch
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
Tammie Pope
Secretary
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