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HomeMy WebLinkAbout961121.tiff t1g ORDINANCE NO. 89-GG IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt zoning regulations for the unincorporated areas of the County of Weld, State of Colorado, and WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the County of Weld and has adopted amendments in Ordinances 89-A through 89-FF, and WHEREAS, said Ordinance No. 89, as amended, is in need of revision and clarification with regard to certain procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as amended, be, and hereby are, repealed and re-enacted, with amendments, and the various sections are revised as follows: Amend section 10 S to read: STRUCTURE: Anything that is built, constructed, or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or distribution facilities of public utilities. Semi-trailers as defined in §42-1-102(70), CRS, situated as temporary or permanent storage units, not safe or not operable or illegal to be used on public road rights of way, which are not licensed, shall be considered 'structures' in accordance with this definition, shall comply with requirements set forth in the Weld County Zoning Ordinance, including required zoning setbacks and offsets, and shall be installed in accordance with the requirements set forth in the Weld County Building Code Ordinance. 2503118 B-1558 P-752 07/29/96 03:23P PG 1 OF 4 REC DOC 961121 Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 ORD89-GG GEC; fL;CA PAGE 2 Amend section 24.7.1 to read: The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as part of the application except for those items determined by the Director of the Department of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application. Amend section 24.9 to read: Changes to a Special Review Permit. Any approved Special Review Permit shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review plan map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Weld County Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review permit. Add section 25.9 Changes to a Special Review Permit for Maior Facilities of a Public Utility. Any approved Special Review Permit for Major Facilities of a Public Utility shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit for Major Facilities of a Public Utility shall require the approval of an amendment to the permit by the Weld County Planning Commission before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review Permit. Add section 33.3.2.15 One microwave, commercial radio, television, or other communication transmission or relay tower 70 feet or less in height per lot. (measured from ground level) Amend section 33.3.4.1 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy (70) feet in height (measured from ground level); 2503118 B-1558 P-752 07/29/96 03:23P PG 2 OF 4 961121 ORD89-GG PAGE 3 Add section 33.3.4.6 More than one microwave, commercial radio, television, or other communication transmission or relay tower per lot. Add section 33.4.2.14 Temporary facilities for the sale of fireworks and Christmas trees. Amend section 33.4.4.1 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy(70)feet in height(measured from ground level); Add section 34.2.3.7 One microwave, commercial radio, television, or other communication transmission or relay tower 70 feet or less in height per lot. Amend section 34.2.4.3 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy (70) feet in height (measured from ground level); Add section 34.2.4.4 More than one microwave, commercial radio, television, or other communication transmission or relay tower per lot. Add section 34.4.2.9 Temporary facilities for the sale of fireworks and Christmas trees. Amend section 53.6.1 to read Uses permitted. USES listed as allowed by right, ACCESSORY USES, and Uses by Special Review in the UNDERLYING ZONE DISTRICT, except Individual Sewage Disposal Systems and residential uses served by Individual Sewage Disposal Systems, may be permitted in the FW (Floodway) District subject to the following conditions. Amend section 53.6.1.6 to read All new or replacement sanitary sewer treatment systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharge from such systems into the flood waters of an INTERMEDIATE REGIONAL FLOOD. 961121 2503118 B-1558 P-752 07/29/96 03:23P PG 3 OF 4 ORD89-GG PAGE 4 BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 89-GG was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A. D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORA 'O LU101tL ?4t%' BarbaraJKirkmer C air IBG] .,., ty Clerk to the Board 7 / , q Y ,,�t� it Lam, n - orgeT Baxter, Pro Te sitesposI Deputy Cle to the Board DI K. Hall APPROVED AS TO FORM rL2-1 �i�� iL�1CG Constance L. Harbert un y Attorney . . We r First Reading: June 24, 1996 Publication: June 27, 1996 Second Reading: July 8, 1996 Publication: July 11, 1996 Final Reading: July 22, 1996 Publication: July 25, 1996 Effective: July 30, 1996 2503118 B-1558 P-752 07/29/96 03:23P PG 4 OF 4 961121 ORD89-GG ORDINANCE NO. 89-GG IN THE MATTER OF THE REPEAL AND RE-ENACTMENT,WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt zoning regulations for the unincorporated areas of the County of Weld, State of Colorado, and WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the County of Weld and has adopted amendments in Ordinances 89-A through 89-FF, and WHEREAS, said Ordinance No. 89, as amended, is in need of revision and clarification with regard to certain procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as amended, be, and hereby are, repealed and re-enacted, with amendments, and the various sections are revised as follows: Amend section 10 S to read: STRUCTURE: Anything that is built, constructed, or erected an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or distribution facilities of public utilities. Semi-trailers as defined in §42-1-102(70), CRS,situated as temporary or permanent storage units, not safe or not operable or illegal to be used on public road rights of way, which are not licensed, shall be considered 'structures' in accordance with this definition, shall comply with requirements set forth in the Weld County Zoning Ordinance, including required zoning setbacks and offsets, and shall be installed in accordance with the requirements set forth in the Weld County Building Code Ordinance. 961121 ORD89-GG RE: ORDINANCE NO. 89-GG PAGE 2 Amend section 24.7.1 to read: The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as part of the application except for those items determined by the Director of the Department of Planning Services, in writing, or the Board of County Commissioners,on the record, to be unnecessary to a decision on the application. Amend section 24.9 to read: Changes to a Special Review Permit. Any approved Special Review Permit shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review plan map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the approval review of an amendment efto the permit by the Weld County Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review Permit. Add section 25.9 Changes to a Soecial Review Permit for Major Facilities of a Public Utility. Any approved Special Review Permit for Major Facilities of a Public Utility shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit for Major Facilities of a Public Utility shall require the approval of an amendment to the permit by the Weld County Planning Commission before such changes from the plan map or DEVELOPMENT STANDARDS are permitted, The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review,Permit. Add section 33.3.2.15 One microwave, commercial radio„television, or other communication transmission or relay tower 70 feet or less in height per lot.'(measured from ground level) Amend section 33.3.4.1 to read Microwave, commercial radio, television, or other communication transmission or relay towers over forty-five-(45)-seventy(70) feet in height (measured from ground level); 961121 ORD89-GG RE: ORDINANCE NO. 89-GG PAGE 3 Add section 33.3.4.6 More',than one microwave, commercial radio, television, or other communication transmission or relay tower per lot. Add section 33.4.2.14 Temporary facilities for the sale of fireworks and Christmas trees:. Amend section 33.4.4.1 to read Microwave, commercial radio, television, or other communication transmission,or relay towers over furty fiv., (45)seventy(70) feet in height(measured from ground level); Add section 34.2.3.7 One microwave, commercial radio, television, or other communication transmission or relay tower 70 feet or less in height per lot. Amend section 34.2.4.3 to read Microwave, commercial radio, television, or other communication transmission or relay towers over forty fivc (45) seventy (70) feet in height (measured from ground level); Add section 34.2.4.4 More than one microwave, commercial radio, television, or other communication transmission or relay tower per lot. Add section 34.4.2.9 Temporary facilities for the sale of,fireworks and Christmas trees. Amend section 53.6.1 to read Uses permitted. USES listed as allowed by right, ACCESSORY USES, and Uses by Special Review in the UNDERLYING ZONE DISTRICT, except Individual Sewage Disposal Systems and residential uses served by Individual Sewage Disposal Systems, may be permitted in the FW (Floodway) District subject to the following conditions. Amend section 53.6.1.6 to read All new or replacement sanitary sewer treatment systems shall be designed and built to prevent inundation or 961121 ORD89-GG RE: ORDINANCE NO. 89-GG PAGE 4 infiltration of floodwater into such systems and to prevent discharge from such systems into the flood waters of an INTERMEDIATE REGIONAL FLOOD. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 89-GG was, on motion duly made and seconded, adopted by the following vote on the 22nd day of July, A. D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara J. Kirkmeyer, Chair Weld County Clerk to the Board George E. Baxter, Pro-Tem BY: Deputy Clerk to the Board Dale K. Hall APPROVED AS TO FORM: Constance L. Harbert County Attorney W. H. Webster First Reading: June 24, 1996 Publication: June 27, 1996 Second Reading: July 8, 1996 Publication: July 11, 1996 Final Reading: July 22, 1996 Publication: July 25, 1996 Effective: July 30, 1996 961121 ORD89-GG ORDINANCE NO.89•GG IN THE MATTER OF THE REPEAL AND RE-ENACTMENT,WITH AMENDMENTS OF CERTAIN SECTIONS,AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO.89,WELD COUNTY ZONING ORDINANCE,AS CURRENTLY AMENDED,REVISING AND ADDING CERTAIN PROCEDURES,TERMS,AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO: AFFIDAVIT OF PUBLICATION WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority 01 administering the affairs of Weld County,Colorado,and WHEREAS,the Board of County Commissioners has the power and authority,under the Weld County Home Rule Charter and State STATE OF COLORADO statute,Including Article 28 of Title 30 CRS,to adopt zoning regulations for the unincorporated areas of the County of Weld,State of Colorado, SS. end COUNTY OF WELD WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,has previously adopted Ordinance No. 89,Weld County Zoning Ordinance,establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas I, Bruce J. Bormann,of said County of Weld, being duly of the County of Wald and has adopted amendments in Ordinances 89-A through 89-FF,and sworn,say that I am Publisher of WHEREAS,said Ordinance No.89,as amended,is in need of revision and clarification with regard to certain procedures,terms, and requirements therein. THE NORTH WELD HERALD NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of the County of Weld,State of Colorado,that certain existing sections of said Ordinance No.89,as amended,be,and hereby are,repealed end re-enacted,with amendments,and the various sec- a weekly newspaper having a general circulation in said fiche are revise as follows: County and State,published in the Town of Eaton,in said Amend section 10 S to read: County and State;and that the notice,of which the annexed is STRUCTURE- Anything that is built,constructed,or erected,an edifice or building of any kind,or any piece of work arti- ficially built up or composed of parts joined together in some definite manner,but not including fences or walls used as a true copy,has been published in said weekly newspaper for fences less than six(6)feet in height,poles,lines,cables or distribution facilities of public utilities. Semi-trailers as de- fined in§42-1-102(70),CRS,situated as temporary or permanent storage units,not safe or not operable or illegal to be one successive week(s),that the notice was published used on public road rights of way,which are not licensed,shall be considered'structures'in accordance with this defini- tion,shall comply with requirements set forth in the Weld County Zoning Ordinance,including required zoning setbacks in the regular and entire issue of every number of the paper and offsets,and shall be installed in accordance with the requirements set forth in the Weld County Building Code Ordi- nance. during the period and time of publication, and in the Amend section 24.7.1 to read: newspaper proper and not in a supplement,and that the The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic Informa- publication of said notice: lion how the proposal complies with the standards of this Ordinance. The following supporting documents shall be sub- mitted as part of the application except for those items determined by the Director of the Department of Planning Ser- vices,in writing,or the Board of County Commissioners,on the record,to be unnecessary to a decision on the applica- Ordinance#89-GG—Final Reading tion. Amend section 24.9 to read: was in said newspaper bearing the date(s) of: Chances to a Special Review Permit. Any approved Special Review Permit shall be limited to the items shown on the 25th Special Review Plan Map end governed by the DEVELOPMENT STANDARDS. Major changes from the approved Spe- Thursday,theday of July,1996 vial Review plan map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Weld County Planning Commission and approval by the Board of County Commission- ers before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Thursday,the day of July,1996 Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review permit • Thursday,the day of July,1996 Add section 25.9 changes to a Special Review Permit for Maior Facilities of a Public Utility. Any approved Special Review Permit for Ma- Thursday,the day of July,1996 r Facilities of a Public Utility shall be limited to the items shown on the Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review Plan Map or DEVELOPMENT STAN- DARDS for the Special Review Permit for Major Facilities of a Public Utility shall require the approval of an amendment and that the said THE NORTH WELD HERALD has been to the permit by the Weld County Planning Commission before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major published continuously and uninterruptedly for the period of 52 change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review Permit consecutive weeks,in said County and State,prior to the date Add section 33.3.2.15 of first publication of said notice,and the same is a newspaper One microwave,commercial radio,television,or other communication transmission or relay tower 70 feet or less in within the meaning of an Act to regulate printing of legal height per lot.(measured from ground level) Amend section 33.3.4.1 to read notices and advertisem ,approved May 18,1931,and all Microwave,commercial radio,television,or other communication transmission or relay towers over seventy(70)feet in prior acts so far as in • height(measured from ground level); Add section 33.3.4.6 �4 .vµ1 More than one microwave,commercial radio,television,or other communication transmission or relay tower per lot. RU J.BORMANN,PUBLISHER Add section 33.4.2.14 Temporary facilities for the sale of fireworks and Christmas trees. Publication Cost:$ 109.68 Amend section 33.4.4.1 to read Microwave,commercial radio,television,or other communication transmission or relay towers over seventy(70)feet in height(measured from ground level); Add section 34.2.3.7 RY.PCB One microwave,commercial radio,television,or other Subscribed and sworn to before me ar communication transmission or relay tower 70 feet or less In '.�"'••• •'••. �, height per lot. r` this 25th day of July,1996 • Amend section 34.2.4.3 to read BALL C. Microwave,commercial radio,television,or other communication transmission or relay towers over seventy(70)feet in �� BAGLEY height(measured from ground levee; (� �J` 97 j O Add section 34.2.4.4 ERIKA C.BAGLEY,NOTA PU IC More than one microwave,commercial radio,television,or other communication transmission or relay tower per lot. TF ......... OF. .c 0‘'� My commission expires October 21,1999 Add section 34.4.2.9 Temporary facilities for the sale of fireworks and Christmas trees. 1 Amend section 53.6.1 to read 961121 ' Uses permitted. USES listed as allowed by right,ACCpCESSORY USES,and Uses by Special Review in the UNDERLY- ING ZONE Systems,st DISTRICT,except be permittedi in l theSewage Floodway)Diosal strict subjecttems and residential to l henfollow following conditions. s served Individual Sewage Amend section 53.6.1.6 to read All new or replacement sanitary sewer treatment systems shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharge from such systems into the flood waters of an INTERMEDIATE REGIONAL FLOOD. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,clause,or phrase of this Ordinance Is for any reason held or decided to be unconstitutional,such decision shell not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section,subsection,paragraph,sen- tence,clause,and phrase thereof irrespective of the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 89-GG was,on motion duly made and seconded,adopted by the following vote on thB 22nd day of July,A.D.,1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST:/s/.Donald D.Warden is/.Barbara J.Kirkmeyer Barbara J.Kirkmeyer,Chair Weld County Clerk to the Board (SEAL) Isr.Georga E.Baxter George E.Baxter,Pro-Tam BY: /s/.Shelly K.Miller /s/.Dale K.Hall Deputy Clerk to the Board Dale K.Hall APPROVED AS TO FORM: Is).Constance L.Harbert Constance L.Harbert /s/.Bruce T.Barker County Attorney /s/,W.H.Webster • W.H.Webster First Reading: June 24,1996 Publication: June 27,1996,in The North Wald Herald • PubSecondation: Y Reading; July 8,199 in The North Weld Herald lic Final Reading: July 22,1996 Publication: July 25,1996,in The North Weld Herald Effective: July 30,1996 - - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. NOTICE DOCKET NO. 96-31 The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at 9:00 a.m., on Monday, June 24, 1996, in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, for the purpose of considering amendments to Sections 10, 24, 25, 33, 34, and 53 of the Weld County Zoning Ordinance No. 89-GG. The amendments include clarification regarding structures, communication towers in the Commercial and Industrial Zone Districts, temporary fireworks stands, temporary Christmas tree sales, etc., and concurrence with the Health Department regulation to not allow septic systems in the Floodway Zone. All persons in any manner interested are requested to attend said hearing and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax (970) 352-0242 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 as a result of a disability in order to participate in this hearing. BE IT ALSO KNOWN that copies of the proposed amendments may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD DATED: May 29, 1996 PUBLISHED: June 6, 1996, in the North Weld Herald 961121 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss. COUNTY OF WELD I, Bruce J. Bormann, of said County of Weld, being duly sworn,say that I am Publisher of THE NORTH WELD HERALD NOTICE a weekly newspaper having a general circulation in said DOCKET NO.I8.31 County and State, published in the Town of Eaton, in said TheThe Board , County Commissionersondu of Countyand State; and that the notice, of which the annexed is County,of County C . on a pub- lic hearing at 9:00 a.m., on Monday, June a true copy, publishedweekly newspaper 24, 1996, In the Chambers of the Board of /n,^ has been in said news a er for County Commissioners of Weld County, CAR.- successive week(s), that the notice was published Colorado, Weld Countyof Centennial Center, 915 o forh Street, Firsturp Floor,s Greeley, Col- orado, g in the regular and entire issue of everynumber of the paper 1 e Fir e of considering og 9 P P amendments to Sections 10,24,25, 33 34, duringtheperiod and time of publication, and in the and 53 of the Weld County Zoning Ordi• nance No.99-GG. newspaper proper and not in a supplement, and that the The amendments include,clarification re- garding structures,communication towers in publication of said notice: the Commercialr and Industrial stand Ze Dar- >2V -V—'_ Christmas temporary fireworksls, etc.,stands,temporary r/ YJ withlBt e Wealth h saDepartment mn and concurrencetoot with the tem n the Floodway to not allow septic systems in the Zone. was in said newspaper bearing the date(s) of: All persons in any manner interested are re- 4-4 que tl d to attend said hearing and may be Thursday,the (D day of June , 1996 Should any Interested party desire the pres- ence of-a court reporter to make a record of Thursday,the day of June , 1996 the proceedings, In addition to the taped record which will be kept during the hearing, the Clerk to the Board shall be advised in Thursday,the day of June , 1996 writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting Thursday,the day of June , 1996 party. Please contact the Clerk to the Boards Of- and that the said THE NORTH WELD HERALD has been Tics at phone (970) 356-4000, Extension 4228,or fax(970)352.0242 prior to the day published continuously and uninterruptedly for the period of 52 of the hearing so that reasonable accommo- dations can be made if, in accordance with consecutive weeks, in said County and State, prior to the date the Americans with Disabilities Act, you re- quire special accommodations as a result of of first publication of said notice, and the same is a newspaper a disability in order to participate in this hearing. within the meaning of an Act to regulate printing of legal BE I2 ALSO KNOWN that again!d the pro- notices and advertisem , approved May 18, 1931, and all posed amendments may be examined in the office of the Clerk to the Board of County prior acts so far as in Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor,idaGreeley, Co5:00 Monday through D�M7 Friday,8:00 a.m.to era p.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO RU J. BORMANN, PUBLISHER BY: DONALD D.WARDEN WELD COUNTY CLERK 36 TO THE BOARD Publication Cost:$ 2 • BY: SHELLY K.MILLER DEPUTY CLERK TO THE BOARD DATED:May 29,1996 Y ~ Subscribed and sworn to before me rtY Pub Pin the North June 6,1996, '•••... 4 in the North Weld Herald I3y-y T ter_ •,��' this 11 day of. , 1996 \ — — — ERIKA C. j BAGLEY : . ERIKA C. BAGLEY, NOT Y P LIC rf f•. r''SC) My commission expires OctoberVVVVVV21, 1999 F OF GOti�Q 961121 • SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING May 21, 1996 A regular meeting of the Weld County Planning Commission was held May 21, 1996, in the County Commissioners' First Floor Hearing Room(#101),Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The meeting was called to order by the Vice Chairperson, Ann Garrison at 1:30 p.m. Tape 502 Roll Call • Ron Sommer Present -- r— Cristie Nicklas Present Marie Koolstra Present Jack Epple Present — Zachary Allely Absent ' Arlan Marrs Present -o Shirley Camenisch Absent Ann Garrison Present Richard Kimmel Absent Also present Monica Daniels-Mika, Director, Shani Eastin, Current Planner; Kerri Keithley, Current Planner; • Todd Hodges, Current Planner, Department of Planning Services; Don Carroll, Public Works Department, Lee •Morrison,Assistant County Attorney; Sharyn Frazer, Recording Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on May 7, 1996, was approved with a correction: Cristie Nicklas was present. CASE NUMBER: 89-GG PLANNER: Keith Schuett REQUEST: Amendments to Sections 10, 24, 25, 33, 34 and 53 of the Weld County Zoning Ordinance. Keith Schuett explained these proposed amendments will bring the Zoning Ordinance in-line for better clarification . Examples were given where interpretation vs.the need for clearer written clarification regarding communication towers in the Commercial and Industrial zone districts, temporary fireworks stands,temporary Christmas tree sales,etc. Keith also explained that the Weld County Health Department does not allow septic systems in the Floodway zone. The Zoning Ordinance needs to be amended to concur with this requirement. Ron Sommer asked if this amendment would only address new proposed septic systems in the Floodway zone. He wanted to know if there were any systems in existence and what would a property owner owner need to do to replace an existing one. Keith explained the Floodway zone requires sanitary sewer systems. Lee Morrison explained that any new or replacement system would have to be designed to meet current standards. The Vice-Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No on wished to speak. Jack Epple moved Case 89-GG, Amendments to Sections 10, 24, 25, 33, 34, and 53 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Arlan Marrs seconded the motion. The Vice-Chairperson asked the secretary to poll the members of the Planning Commission for their decision: Ron Sommer - yes; Cristie Nicklas - yes; Marie Koolstra - yes; Jack Epple - yes; Arlan Marrs - yes; Ann Garrison -yes. Motion carried unanimously. D (-° D 6IgLp 961121 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Epple 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 the°Weld. County Zoning Ordinance be approved for the following reasons: CASE: Ordinance No. 89-GG =3 r) 1. The existing Zoning Ordinance is in need of revision. 2. The proposed sections will be consistent with the future goals and needs of the County as setodt in • the Weld County Comprehensive Plan. 3. The proposed amendments will be consistent with the overall intent of the Weld County Zoning Ordinance. Amend Section 10 S to read STRUCTURE:Anything that is built, constructed, or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences less than six (6) feet in height, poles, lines, cables or distribution facilities of public utilities. Semi-trailers as defined in §42-1-102(70), C.R.S., situated as temporary or permanent storage units, not safe or not operable or illegal to be used on public road rights of way, which are not licensed, shall be considered 'structures' in accordance with this definition, shall comply with requirements set forth in the Weld County Zoning Ordinance, including required zoning setbacks and offsets, and shall be installed in accordance with the requirements set forth in the Weld County Building Code Ordinance." Amend Section 24.7.1 to read: The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as part of the application except for those items determined by the Director of Department of Planning Services, in writing, or the Board of County Commissioners , on the record, to be unnecessary to a decision on the application: Amend Section 24.9 to read: Changes to a Special Review Permit. Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special review plan map or DEVELOPMENT STANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Weld County Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review permit. 961121 RESOLUTION, 89-GG Page 2 Add Section 25.9 Changes to a Special Review Permit for Maior Facilities of a Public Utility . Any approved Special Review Permit for Major Facilities of a Public Utility shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special review plan map or DEVELOPMENT STANDARDS for the Special Review Permit for Major Facilities of a Public Utility shall require the approval of an amendment to the permit by the Weld County Planning Commission before such changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed in the office of the Department of Planning Services with the approved Special Review permit. Add Section 33.3.2.15 One microwave, commercial radio,television, or other communication transmission or relay tower 70 feet or less in height per lot. (measured from ground level) Amend Section 33.3.4.1 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy (70)feet in height(measured from ground level); Add Section 33.3.4.6 More than one microwave, commercial radio,television,or other communication transmission or relay tower per lot. Add Section 33.4.2.14 Temporary facilities for the sales of Fireworks and Christmas trees. Amend Section 33.4.4.1 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy (70) feet in height(measured from ground level); Add Section 34.2.3.7 One microwave, commercial radio, television, or other communication transmission or relay tower 70 feet or less in height per lot. Amend Section 34.2.4.3 to read Microwave, commercial radio, television, or other communication transmission or relay towers over seventy (70)feet in height(measured from ground level); Add Section 34.2.4.4 More than one microwave, commercial radio,television,or other communication transmission or relay tower per lot. 961121 RESOLUTION, 89-GG Page 3 Add Section 34.2.4.5 Microwave, commercial radio, television, or other communication transmission or relay tower more than 70 feet in height per lot. Add Section 34.4.2.9 Temporary facilities for the sales of Fireworks and Christmas trees. Amend Section 53.6.1 to read Uses permitted. USES listed as allowed by right, ACCESSORY USES, and Uses by Special review in the underlying zone district, except residential uses served by individual sewage disposal systems and Individual sewage disposal systems, may be permitted in the FW(Floodway) district subject to the following conditions2 Amend Section 53.6.1.6 to read All new or replacement sanitary sewer treatment systems, shall be designed and built to prevent inundation or infiltration of floodwater into such systems and to prevent discharge from such systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD. Motion seconded by Arlan Marrs. VOTE: For Passage Against Passage Ron Sommer Cristie Nicklas Jack Epple Arlan Marrs Marie Koolstra Ann Garrison The Vice-Chairperson declared the resolution passed and ordered that a certified copy be forwarded to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Frazer, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on May 21, 1996. kip,I th- 1st of . 1996. haryn Fraz r Secretary 961121 Hello