HomeMy WebLinkAbout20233497.tiffCHAPTER 2 — Administration
ARTICLE III Planning and Zoning Matters
Sec. 2-3-10. Previously denied applications for land use matters.
A. Except in those cases to which the requirements of Subsection B below apply, neither Neither an applicant nor
his or her successors in interest in property for which a land use application was denied within the preceding
five (5) years may submit a land use application or request a rehez
for any portion of the property contained in the original application unless the Board of County Commissioners
has determined that, based upon a showing by the applicant, there has been a substantial change in the facts
and circumstances regarding the application subsequent to the original decision of denial by the Board of
County Commissioners or that there is newly discovered evidence which would have been likely to affect the
outcome of the original decision that the applicant could not have discovered with diligent effort prior to the
original decision of denial.
B. r 24 of this Code, which ordinance became effective
December 5, 1995, neither an applicant nor
contained in the origina
a
pp
ication un
uis or
ier successors in interest in property for w uic u a Recorcee
3) years may submit a Recorded Exemption
previously submitted application for any portion of the property
ess tie Boat of County Commissioners las oeterminec t uat, basec
County Commissioners or that
there is newly discovered evidence which would have been likely to affect the outcome of the original decision
t uat tie app icant cou c not lave cis -covered wit u of igent effort prior to tie origina cecision of cenia . For
purposes of this section, land use application includes applications for any 1041 permits under Chapter 21 (but
not including permits under Article V of Chapter 21); amendments to the zoning map under Division 1 of Article
II of Chapter 23; use by special review permits under Divisions 4, 5, or 6 of Article II of Chapter 23; subdivisions
under Chapter 24; or planned unit developments under Chapter 27.
C. Substantial change in facts and circumstances shall mean a substantial change in the land use application,
which addresses the issues raised by the Board of County Commissioners in the original decision of denial, in
the surrounding land uses, or in applicable provisions of the law.
D A substantial change application petition requesting permission to file another
application for property previously denied a land use permit shall be submitted to the Department of Planning
Services for processing. The Department shall coordinate with the Clerk to the Board to schedule a substantial
change hearing before the Planning Corn -miss -ion or Board of County Commissioners. Land use applications
originally heard by only the Board of County Commissioners shall be scheduled before the Board only. The
Planning Commission shall consider the rehearing petition only if it considered the original land use
application. It shall review the petition and any supporting information. The Planning Commission shall
or circumstances have
occurrec subsequent to the Board's decision or t uat t were was newly oiscoverec evidence that tie app-icant
of the original application. The Planning Commission
shall make a written reco-mme - a -icon of its find -+cgs to the Board of County Commissioners,
E. Legal notice of a substantial change hearings shall be published according to the method of publication for the
original land use application hearing. If originally heard b
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F Notice of the substantial change hearing and the public hearing date shall be provided to owners of property
located within five hundred (500) feet of the parcel under consideration and 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. Similar notice shall also be provided any agency, body or
group which received a referral request from the Department of Planning Services on the original application.
Notice wilt not be sent to property owners concerning land use matters, such as recorded exemptions, which
were not sent when the original case was heard.
G. The Board of County Commissioners shall hold a substantial change hearing after the legal notice and notices
to property owner, mineral owners and lessees, and referral agencies identified in Subsections E and F have
been completed. The legal notice and notification shall be done at least ten (10) days prior to the Board's
hearing. The Department of Planning Services shall provide the Board with a staff report addressing all aspects
of the application, including, but not limited to, referral agency comments.
H The Board of County Commissioners may approve the substantial change application grant such a petit -ion
when it determines that the applicant has demonstrated that a substantial change in the facts or circumstances
have occurred subsequent to the Board's decision or that there was newly discovered evidence not available
to the applicant at the time the Board considered the original application. The Board of County Commissioners
may deny the application petition solely upon its the contents of the petition or when deemed advisable by
the Board that the applicant has failed to demonstrate that a substantial change in the facts or circumstances
has have occurred subsequent to the Board's decision or that there was newly discovered evidence that the
applicant could not have discovered with diligent effort at the time of the original application. The Board shall
consider the applicant's substantial change application, -rehearing petition, the Planning Commission's
recommendation, oral testimony at the public hearing(s), written related information and any other relevant
material in making its decision.
Wien tie Boarc of County Commissioners grants a re -scaring petition If the Board of County Commissioners
approves a substantial change application, the applicant may file a new land use application with the
Department of Planning Services. The new application shall be processed in accordance with the requirements
of Chapter 23 or 24 of this Code.
No petition for rehearing may be granted where substantial change application will be accepted by the
Department of Planning Services if the decision of the Board of County Commissioners on the land use
application has been appealed or contested in any court of law, during the pendency of the court action.
K The applicant, once a period of one (1) year has elapsed from the date of the initial denial, may choose to
�e to the land use application, - 14 which case
burden of proof with respect to estab ish+ng that there has been a substantial change in the facts and
t ie app scant cou cl
not have discovered with diligent effort prior to the original decision of denial, in addition to satisfying the
mmission (when appropriate) and the Board of
if the Board's decision is based upon a failure to dcmonstrate come
Sec. 2-3-30. Collateral for improvements Reserved.
A. General Requirements for Collateral:
gents, Final Plats,
Uses by Special Review (USR) and Access Permits for which an Ir
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(Supp. No. 81)
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this policy has not been applied to an application, the policy shall not be applied to a request for
hall be as set forth in the
Improvements Agreement.
2. The County requires applicants to provide a collateral to guaranty all of their obligations under the
improvement described in the Improvements Agreement may be provided separately for on site
the warranty phase; and (3) Road Maintenance Collateral (if applicable) to be kept in place for the life of
the permit.
3. The value of Project Collateral submitted to the County must be equivalent to one hundred percent
;100%) of tie va ue of tie improvements identifies on tie accepted Construction P ans or USR P at Map
and further enumerated in the Improvements Agreement. Prior to the Access Permit or Final Plat
approval, thewhich of the three (3) types of collateral he or she prefers to secure
the improvements subject to fina-I approval by the Board of County Commissioners (-hereinafter referred
to as the "Board") and the execution of an Improvements Agreement. Acceptable collateral shall be
submitted either upon execution of the Improvements Agreement or as set forth in the Improvements
Agreement. If acceptable collateral is not submitted at the time required, expires prematurely or
becomes unacceptable pursuant to the terms of Paragraph 4. below, and is not timely replaced, then the
expire. An applicant
may request that the Board extend the Access Permit or Final Plat approval, provided that the cost
estimates are updated and the development plans are revised to comply with ail current County
standards, policies and regulations. Unless otherwise set forth in the Improvements Agreement, the
improvements shall be completed within three (3) years after the Access Permit or Final Plat approval
not one [1) year after acceptable collateral is submitted) unless the applicant requests that the
mount of one
hundred percent (100%) of the value of the improvements remaining to be
are not completed and the agreement is not renewed within these time frames, the Board, at its
discretion, may make demand on all or a portion of the collateral and take steps to sec that the
irr}provements are made.
/I Warranty Collateral for all on site and off site improvements shall be submitted to and held by the
County for two (2) years, as set forth in the -Improvements Agreement, following the County's written
acceptance of the improvements.
a. All references to "Acceptance of Improvements" shall refer to the County confirming completion
of the improvements according to the accepted Construction Plans. By accepting any
improvement, the County does not thereby accept it for purposes of future maintenance, nor does
the County accept any present or future responsibilities or obligations relative to the
improvements.
Improvements Agreement, the County shall have the authority to access, at its sole discretion, Project
preserve public interest.
Alternative to Collateral pursuant to Subsection 2 3 30.D. below, Road Maintenance Collateral shall be
submitted at the time of approval of the Improvements A,
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adjacent to gravel haul route roads.
7 Road Maintenance Collateral is held for use on roads associated with the designated haul route. Road
and returned to the applicant upon vacation of an associated land use agreement or permit. Road
Maintenance Collateral will only be accessed by the County if, upon notification to the applicant of
Collateral shall be collected by the County, the applicant shall replace the amount, plus interest, within
six (6) months.
8. The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide
collateral for the improvements in each filing as approved. The County will place restrictions on those
portions of the property that are not covered by collateral which will prohibit the conveyance of the
9. The Board of County Commissioners reserves the right to reject collateral which is deemed inappropriate
teral in the form of a letter of credit offered by a banking
Financial or as collateral in the
given by A.M. Best. The Board further reserves the right to require the applicant to obtain replacement
s below the levels stated
notice to the applicant that the rating has fallen and that t
�e collateral must be replaced
may not terminate existing cull-atera4 until replacement of co
a-te ra
has been secured.
B. The three (3) types of collateral listed below are acceptable to the County:
The applicant
1. An irrevocable letter of credit from a federal or state licensed financial institution consistent with a
of credit shall state at least the following:
equivalent of one hundred percent (100%) of the total
value of the improvements as set forth in Paragraph A.2. above.
b The letter of credit shall provide for payment upon demand to the County if the applicant has not
performed the obligations specified in the Improvements Agreement and the issuer has been
notified of such default.
c. The issuer of the letter of credit shall guarantee that at all times the unreleased portion of the
etter of crecit sia be equa to a mini -m -um of one muncred percent (100%; of tie estimates costs
of completing the uncomp etec portions of the req-u+red improvements, bases. on inspections of
tie deve opment by tie issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and
arranty the imi
of credit may be partially released pwsuan-t to tie requirements for a request for release of
collateral at Subsection C. below.
d. The letter of credit shall specify that the date of proposed expiration of the letter of credit shall be
the date of release by the County of the final fifteen
above. The letter shall stipulate that the letter of credit will automatically renew and shall remain
in full force and effect t+l after the SeaId has received sixty (60) days' written notice from the
ding expiration. The notice s
the Clerk to the Board.
(Supp. No. 81)
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to one hundred percent (100%) of the value of the improvements, as specified in the Improvements
Agreement.
a. The applicant shall utilize only a County approved form when obtaining a surety bond:
(PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO).
quest.
b. In the event the applicant is required to warranty the improvements, the applicant shall replace
the original bond in the amount of fifteen percent (15%) of the original bond and that bond shalt
3. A cash deposit made with the Board, equivalent to one hundred percent {10O%) of the value of the
improvements set forth in the Improvements Agreement. In the event the applicant is required to
O
released by the County at the end of the warranty period. Material haulers may pay the cash deposit
production.
C. Requests for Release of Collateral:
1. Prior to release of collateral for the entire project or for a portion of the project by the County, the
developer must present a Statement of S
Engineering Statements of Substantial Compliance are only req
County. The Statement of Substantial Compliance shall state that the project, or a portion of the project,
following:
a. The engineer or his or her representative has made regular on site inspections during the course
County.
b. For the improvements to public rights of way or easements, test results must be submitted for all
phases of this project, as per the Colorado Department of Transportation (CDOT) Schedule for
minimum materials sampling, testing and inspections found in the CDOT Materials Manual.
c. "As built" plans shaltbe submitted at the time the letter requesting release of collateral is
submitted. The engineer shall certify that the project "as built" is in substantial compliance with
the plans and specifications as approved, or that any material deviations have received prior
unty Engineer.
d. The Statements of Substantial Compliance must be a
acceptance of maintenance and responsibility b'
or town for any utilities.
apriate fire authority, if applicable,
hydrants are operational and, if required by the County, state -the results of fire flow tests.
2. The requirements in Subparagraphs 2 3 30.C.1.a. through 2 3 30.C.1.e. above shall be noted on the final
accepted construction plans.
of the improvements by the Departmen-t -of Planning Services and the Department of Public Works, the
applicant may request release of the coflatera-I for the project or portion of the project by the Board. This
action wi be taken at a regu arty sc ieculed pub is meeting of tie Boarc
(Supp. No. 81)
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For all on site and/or off site improvements (includi-ng improvements to public rights of way or
casements), the written request for release of c
the amount of fifteen percent (15%) of the value of the improvements as shown in the Improvements
Agreement, excluding improvements fu y accepter for maintenance by tie responsi-b e governmenta
entity, special district or utility company.
rtment of Planning Services
and the Department of Public Works shall inspect the on site improvements. If the improvements need
mitigation or further repairs are required, said work must be completed prior to the conclusion of the
warranty period. The Warranty Collateral shall be released to the prop
6 Road Maintenance Collateral for roe;
d use permit is active.
D Corporate Guaranty as Alternative to Collateral:
meeting the collateral requirements outlined in this Section. The Board
the following requirements:
a. The Guarantor is a legal entity in good standing with the Colorado Secretary of State or the
Suci report s is be no more t pan ninety '90) cays-o d. Tie report sia indicate that the Guarantor
has a rating classification of 5A, 4A or 3A. The report shall indicate that the Guarantor has a
Composite Credit Appraisal of 1, 2 or 3.
whether acceptance of a corporate guaranty agreement is appropriate under the circumstances. The
Board may consider (1) the value listed in the Improvements Agreement, (2) the net worth of the
(if applicable).
Sec. 2-3-40.
re. If the Board approves the use of a corporate
. _.
Reserved.
:er a Planning Commission
Commissioners hearing be scheduled earlier, in wh+ch case pre advertisement noticing must take place. The
rwarded to the Clerk
a land use application. The letter shall set forth the reasons why the applicant is requesting the pre
B. Upon receipt of the reque.A and a-pplica-tionmateria
Services, the C
s,asktedbe
erk to the Board's office shall sched-u
ow, from the Department of P-anning
e the request for pre advertisement on the first
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C. The applicant shall appear at the Board of County Commissioners meeting and explain why the pre
advertisement has been requested. The appl-ican-t must show that the request for pre advertisement is
ke
y to create severe economic
iardship for the applicant.
1. One (1) copy of the land use application materials submitted to the Department of Planning
Services office by the a-ppl+cant
2. One (1) copy of the legal notice prepared by the Department of Planning Services staff for
tion for tie P arming Commission rearing.
by the applicant or an authorized agent.
4. A written statement signed by the P
collected.
5. In cases where an au
presented to show that the agent h
D Upon approval of the request by the Board of County Commissioners, the Clerk to the Board's office shalt
istra-tive office procedures.
anner, certifying t
iat the pre advertisement fee has been
Sec. 2-3-60. Record of land use hearings.
A. A record of land use hearings, by means of an electronic recording unit, shall be made that is of sufficient
accuracy to permit an informed and valid judgment to be made by any person who may later be called upon
to review the record and render a recommendation or decision in the matter. The Board of County
Commissioners, at its discretion, may engage the services of a certified court reporter in order to make a record
of the proceedings.
B. Should any applicant or interested party to a proceeding wish the presence of a court reporter, that party or
applicant shall be responsible for the cost of the appearance fee and any transcripts of the record. The party
shall also provide one (1) copy of the transcript to the Clerk to the Board for its record. A request for the
services of a court reporter should be made by the applicant or party or his or her authorized agent as soon as
is practicable, but not later than the close of business five (5) days prior to the date scheduled for the hearing.
C. Each public notice published or distributed prior to the hearing should contain a sentence which states
essentially as follows:
"If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five (5) days prior
to the hearing. The costs of engaging a court reporter shall be borne by the requesting party."
D. Pursuant to the Americans with Disability Act, each notice published or distributed prior to the hearing should
contain a sentence which states the following:
"In accordance with the Americans with Disabilities Act, if special accommodations are required in order
for you to participate in this hearing, please contact the Clerk to the Board's office at (970)- 336 7215, Extension
970-400-4225, prior to the day of the hearing."
E Whenever the County is required by court order to certify a record of proceedings, the follow procedures shall
apply:
1. The Clerk to the Board shall create and certify a Bates -stamped record of all documents and files that
were presented for the Board's consideration of the underlying application or request, as well as all
relevant County Code provisions in effect at the time of the Board's decision.
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2. The Clerk to the Board shall create and certify a transcript of the Board of County Commissioners' public
hearing(s). No transcript is required for the Planning Commission hearings. The Clerk to the Board may
engage a contractor to create the transcript of proceedings, but the Clerk to the Board shall review,
correct, and certify the transcript.
3 The Clerk to the Board shall estimate the total costs of certifying the record of proceedings, and shall
require prepayment of such costs prior to certifying the record. If the total actual costs exceed the cost
estimate, the Clerk to the Board shall require payment of the remaining amount due before certifying the
record. If the total actual costs are less than the estimate, the Clerk to the Board shall cause unused
portion to be refunded.
4. The Clerk to the Board shall coordinate with the County Attorney's Office to meet all deadlines required
by law.
Sec. 2-3-80. Zoning of property 4eannexe4 disconnected from municipality
by ordinance
Any parcel that has been disconnected from a municipality by municipal ordinance shall be subject to the
procedures set forth in C.R.S. § 31-12-501 and the provisions set forth in Chapters 23 and 24 of this Code.
Section 31 12 603, C.R.S., provides tiat deannexed property what i 'ias been in a statutory municioa ity for
more than two (2) years maintains its municipal zoning unless specifically rezoned by the County; therefore, by
unty Commissioners on Decembe
municipa ity:
A.
Deannexed property not subject to Section 31 12 603, C.R.S., or Intergovernmental Agreements with
municipalities or other counties limiting the applicability of this rule would revert to the County zoning
in effect at the time of annexation (including a finally approved Use by Special Review) unless the
P anning Director determines tiat tiere is neec for a Boarc, determination as to w let ier t sere las been
a substantial change in conditions in the neighborhood from the date of the annexation. The procedure
for determining whether there
of the deannexation, but any determination of no substantial change in the conditions in the
neighborhood shall expire within ninety (90) days of the date of the determination. The procedure for
the Board's consideration shall be in accordance with the proc
except that the burden shall be upon the party seeking to reinstate County zoning.
B. The uses and structures allowed in the deannexed property where there has been a substantial change
deannexation in accordance with the terms of Sections 23 7 30 through 23 7 50 of this Code, until the
landowner has applied for and obtained a zone designation.
Sec. 2-3-90.
.
Custodian of Planning case files.
The Board of County Commissioners has determined the Department of Planning Services case files for staff
item of brought before
when an Improvements Agreement or co
ateral is ready to be consicerec for acceptance by tie Boarc; or tie file
�MH if an amendment is being considered by
The Clerk to the Board shall maintain
files for Planning cases that are decided by the Board of County Commissioners. The Department of Planning Services
shall maintain files for administratively approved Planning cases and those decided by the Weld County Planning
Commission.
(Supp. No. 81)
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Sec. 2-3-100. Planning Commission transcripts.
It is the policy of the Board of County Commissioners that:
A. The Director of Planning Services shall record on electronic recording device the hearings of the Planning
Commission.
B. At times determined by the Dire
to listen to a recording of a hearing. Recordings of the Planning Commission hearings are public records which
may be released upon request pursuant to the Colorado Open Records Act, C.R.S. §§ 24-72-201, et seq.
Recording and playback equipment shall be operated only by the Di -rector of Pla-nn-ing Services or by the
Department of Planning Services staff.
D. The Director of Planning Serv-ices shag charge a reasonable fee based on the costs of staff's time for operating
€. Anyone transcribing from an electronic device sh:
the transcription without charge.
IT The Director of Planning Servic
C. Transcriptions shall be sold for a fee based on: (1) cost of the staff's time preparing the transcript; and (2) all
direct costs of preparing copies.
Sec. 2-3-110.
. _.
. _.
. _ . .. . . .
Repealed.
Resolutions regarding the determination of satisfaction of Improvements Agreements and the release of
associatec, collateral shal appear as items I I therefrom by the Board.
ARTICLE IV Hearings
Sec. 2-4-10. Appeals process.
The Board of County Commissioners shall act as a board of appeals to hear complaints on appeals of actions
taken by County boards, commissions and departments. Except for decisions made by the Board of Adjustment
described in Article VI of Chapter 23 and Uniform the Building Code Board of Appeals
29, procedure for appeals shall be as set forth in this Chapter, by resolution of the Board, or as otherwise provided
by law.
described in Article X of Chapter
A. Any person appealing an action by a County board, commission or department to the Board of County
Commissioners shall file such a complaint an appeal, in writing, with the Clerk to the Board within sixty (60)
(10) days of the incident in question. Appeals concerning purchases or procurements made in accordance with
Chapter 5, Article IV, of this Code shall be filed within five (5) days of the incident in question.
ten
B. Such complaint appeal shall include:
1. The name of the employee, board, commission or department against which the complaint appeal is
made.
2. A description of the action taken and the basic facts involved in the complaint incident.
C. The Clerk to the Board shall schedule a hearing with the Board of County Commissioners, to be held within
fifteen (15) calendar days of the filing of the complaint appeal, and shall notify all parties involved in the
incident.
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D. The Board of County Commissioners shall hear all the available facts pertinent to the incident, may schedule a
second hearing within thirty (30) days following the initial hearing if the Board determines such a need, and
shall render a determination within thirty (30) days of the final hearing.
E. No person shall be denied the right to appeal, provided that he or she complies with the administrative
procedures established by the Board.
Sec. 2-4-40. Probable cause hearings.
A. Purpose. The purpose of this outline is to provide the Board of County Commissioners with a set of procedures
for use in probable cause hearings.
B. Procedure and evidence:
1. Upon receipt of a complaint alleging violations of the Weld County Code for which the applicable
department has an obligation to enforce, the department shall investigate to determine if evidence
exists to support the allegations. If evidence exists to support the alleged violations, the department may
coordinate with the person against whom the complaint is made to correct the violations in an
expeditious manner. If the person is unwilling or unable to correct the violations within a reasonable
amount of time, a probable cause hearing shall be scheduled and notice shall be provided to the person
against whom the complaint is made.
2 The probable cause hearing shall be conducted informally and not subject to strict judicial or technical
rules of procedure. A wide latitude in the manner of presenting the respective positions should be
afforded the parties. The department shall determine what evidence to present at the probable cause
hearing, which may consist of:
a. Oral testimony.
b. Exhibits and documentary evidence of any kind.
c. Statements of the person presenting the evidence.
3. The person against whom the complaint is made may, in rebuttal, present any of the evidence listed in
Paragraph ? 2. above.
4. Probable cause hearings are not open to public comment, except by invitation of the Board of County
Commissioners.
C. Definition of probable cause. Probable cause is defined as a reasonable ground for belief in the existence of
evidence supporting the allegations of violations of the Weld County Code.
D Decision. At the conclusion of the presentation of evidence, the Board of County Commissioners shall make an
oral decision. The decision shall be to either dismiss the case, continue the case for a one-time continuance to
a time specified in the future, or to set the case for a formal show -cause or other type hearing at a time
specified in the future.
E. Notice.
1. Notice of the probable cause hearing shall be sent by certified mail, return receipt requested, to the
person against whom the complaint is made at least ten (10) days prior to the date of the hearing. Said
notice shall be effective upon the date of mailing.
2 Notice may also be served upon the person against whom the complaint is made in accordance with the
Colorado Rules of Civil Procedure at least seven (7) days prior to the date of the hearing.
3 In land use cases when a probable cause hearing results in a show -cause hearing being set, the Clerk to
the Board will send ten (10) days' notice, by certified mail, return receipt requested, to the surrounding
property owners, as well as the property owner/operator.
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Sec. 2-4-50. Adjudicatory-type Show cause and other adjudicatory-type hearings.
A. Purpose and instructions. The purpose of this outline is to provide boards, commissioners, department heads
and other administrative bodies in the County with a set of general procedures necessary to conduct hearings
in accordance with due process standards. These procedures shall be used only when sections of this Code, or
other County regulatory ordinances or resolutions, do not specifically address the procedural problems which
arise in the course of administrative hearings. If a specific procedure from the Code, an ordinance or regulation
should conflict with any procedure from this general outline, then the specific procedure should be followed.
B Presence of person against whom complaint is made. A hearing may be conducted without the personal
presence of the person against whom the complaint is made so long as adequate notice has been given.
C. Representation. The person against whom the complaint is made may be represented by counsel at the
hearing. The complaining County department, or its subunit, may also be represented by counsel. The board,
commission, department head or other administrative body has the option of having a legal advisor present
at the hearing.
D. Postponements and extensions. Postponements of hearings and extensions of time may be requested by
either party or his or her designated agent. However, the granting of such postponements or extensions shall
be made only upon the showing of good cause and is at the sole discretion of the presiding officer
administrative body.
E Presiding officer. The Chair of the board, commission, other administrative body or the department head
shall serve as the presiding officer. The presiding officer shall ensure that order is maintained and ensure that
all participants in the hearing have a reasonable opportunity to be heard and to present oral and documentary
evidence. He or she shall be entitled to determine the order of procedure during the hearing and shall have
the opportunity and discretion to make all rulings on questions which pertain to matters of the conduct of the
hearing and to admissibility of evidence.
F Conflicts of interest.
1. A member of the board, commission, other administrative body or the department head hearing the
case may withdraw at any time if he or she deems himself or herself disqualified or for any other good
reason, unless his or her withdrawal makes it impossible for the board, commission, department head
or other administrative body to render a decision.
2. Upon a timely and good faith objection to any personal bias of any member of the board, commission,
other administrative body or of the department head, the presiding officer shall forthwith rule upon the
objection as part of the record in the case, and shall take any actions he or she deems appropriate in
order to alleviate the personal bias, if so found. Any possible objection to personal bias shall be deemed
waived if not made in good faith and in a timely manner as determined by the presiding officer.
G. Rights of parties.
1. At the hearing, each of the parties shall have the right to:
a. Call and examine witnesses.
b. Introduce exhibits.
c. Cross-examine any witnesses on any matter relevant to the issues. In his or her discretion, the
presiding officer may require cross-examination questions to be made to the administrative body,
who shall then ask the witness to answer the questions.
d Impeach any witness.
e Rebut any evidence.
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2 If the person against whom the complaint is made does not testify in his or her own behalf, he or she
may be called and examined as if under cross-examination.
H. Procedure and evidence.
1. The hearing shall be conducted informally and not subject to strict judicial or technical rules of
procedure. A wide latitude in the manner of presenting the respective positions should be afforded the
parties. Evidence presented at the hearing may include the following:
a. Oral testimony of witnesses.
b. Briefs, memoranda or other related information.
c. Any material contained in the department files regarding the person involved.
d. Any other relevant material.
2. Each party shall, prior to or during the hearing, be entitled to submit memoranda concerning any matters
being considered by the board, commission, department head or other administrative body. Such
memoranda shall become a part of the hearing record.
3. The board, commission, department head or other administrative body may receive and consider
evidence not admissible under the standard rules of evidence, if such evidence possesses probative value
commonly acceptable by reasonable and prudent men persons in the conduct of their affairs.
4. The presiding officer may exclude unduly repetitious evidence.
5. Objections to evidentiary offers may be made and shall be noted in the record.
I. Specific procedures.
1. Call the board, commission or other administrative body to order and take roll.
2. Announce the matter to be heard. Determine whether all parties involved in the matter to be heard are
present and that all such persons are ready to proceed.
3 Call the representatives of the complaining County department, or its subunit, to proceed with their
case.
a. They may give a short statement of their case, summarizing their position.
b. They may present witnesses on direct examination. The witnesses will each then be subject to
cross-examination by the other party and may be questioned by the board, commission,
department head or other administrative body. The representatives may then question their
witnesses on any new matters brought up on cross-examination.
c. They may introduce exhibits.
4 After the representatives of the complaining County department, or its subunit, have presented their
case in chief, the other party is called to proceed and he or she shall present his or her case in the same
manner as the complaining department or subunit.
5. The complaining department or subunit may then rebut any matter brought out in the other party's case.
6. The members of the board, commission, other administrative body or the department head may
examine any witnesses, call any additional witnesses for examination and request the submission of any
exhibits.
J Burden of proof. The complaining County department, or its subunit, shall have the burden of proving its case
by a preponderance of the evidence. Likewise, the person against whom the complaint is made shall have the
burden of proving any affirmative defenses by a preponderance of the evidence. Preponderance of the
Created: 2023-04-04 17:41:35 [EST]
(Supp. No. 81)
Page 12 of 15
p
evidence is defined as that evidence which is most convincing and satisfying in the controversy between the
parties, regardless of which party may have produced such evidence. To prove something by a "preponderance
of the evidence" means to prove that it is more probably true than not. Colorado Jury Instructions 2d 4th
Section 3:1
K Record of hearing. A record of the hearing shall be made that is of sufficient accuracy to permit an informed
and valid judgment to be made by any person that may later be called upon to review the record and render
a recommendation or decision in the matter. The board, commission, department head or other administrative
body shall select a method to be used for making the record, and this may be accomplished by use of a court
reporter, electronic recording unit, detailed transcription or taking detailed minutes. If the board, commission,
department head or other administrative body selects a method other than a court reporter and the person
against whom the complaint is made requests that a court reporter be used, then the requesting party shall
pay the costs of the use of the court reporter.
L. Records and adjournment. The board, commission, department head or other administrative body may recess
the hearing and reconvene the same for the convenience of the parties or for the purpose of obtaining new or
additional evidence or consultation. Upon the conclusion of the presentation of oral and written evidence, the
hearing shall be closed. The board, commission, department head or other administrative body may
thereupon, at a time convenient to itself, conduct its deliberations outside the presence of the parties. Upon
conclusion of its deliberations, the hearing shall be declared finally adjourned.
M Findings and decision. Within five (5) working days after the final adjournment of the hearing, the board,
commission, department head or other administrative body shall make a written report of its findings and
decisions in the matter and submit the same to the person against whom the complaint is made and the
complaining County department or its subunit. The decision shall be supported in the report by a concise
statement citing the basis of its decision. The decision shall be based upon evidence produced at the hearing
and may be announced orally and reduced to writing in accordance with this Section.
N Notice.
1. Notice of the adjudicatory-type hearing shall be sent by certified mail, return receipt requested, to the
person against whom the complaint is made at least ten (10) days prior to the date of the hearing. Said
notice shall be effective upon the date of mailing 141 sha be mai cc, to tie actress istec► in tie permit
to the person against whom the complaint is made. Notice may also be served upon the person against
whom the complaint is made in accordance with the Colorado Rules of Civil Procedure at least seven (7)
days prior to the date of the hearing.
2 Said notice shall inform the person against whom the complaint is made of the following:
a. The specific circumstances of the complaint; and
b. The time, date and place of the adjudicatory-type hearing.
3. Said notice shall not be necessary if the person against whom the complaint is made was present at a
probable cause hearing concerning the same complaint and was then notified of the time, date and place
of the adjudicatory-type hearing.
4 The person against whom the complaint is made shall be deemed notified of the adjudicatory-type
hearing if he or she received a copy of a resolution or other statement which specifies the outcome of
the probable cause hearing concerning the same complaint and which sets the time, date and place of
the adjudicatory-type hearing.
0. Where the Board of County Commissioners is considering the revocation or suspension of a permit or license,
including but not limited to ' I l ; ! ! land use permits, but
specifically excluding liquor licenses, the Board shall consider evidence and statements in mitigation and in
Created: 2023-04-04 17:41:35 [EST]
(Supp. No. 81)
Page 13 of 15
aggravation of the violation prior to determining the appropriate penalty. Such evidence and statements may
relate to and include, but not be limited to, the following:
1. The compliance history of the party against whom the complaint was made with respect to the permit
at issue or other County -issued permits.
2. Good faith efforts on behalf of the person against whom the complaint is made to comply.
3. Duration of the violation.
4. Economic benefit of noncompliance to the person against whom the complaint is made.
5. Impact on, or threat to, the public health or welfare or the environment as a result of the violation.
6. Malfeasance.
7. Whether legal and factual theories were advanced for purposes of delay.
In addition to the factors set forth in this Subsection, the following circumstances shall be considered as
grounds for reducing or eliminating penalties:
8. The voluntary and complete disclosure by the person against whom the complaint is made of such
violation in a timely fashion after discovery of the noncompliance.
9. Full and prompt cooperation by the person against whom the complaint is made following disclosure of
the violation, including, when appropriate, entering into a legally enforceable commitment to undertake
compliance and remedial efforts.
10. The existence and scope of a regularized and comprehensive environmental compliance program or an
environmental audit program.
11. Substantial economic impact of a penalty on the violator.
12. Other mitigating factors.
Where a civil penalty in lieu of suspension is available, the Board shall first impose the revocation or a term of
suspension. The amount of the civil penalty shall then be determined on the basis of imposing an economic
penalty equivalent to the loss which would have occurred had the facility not operated during the term of the
suspension. A portion of the civil penalty may be deferred on the condition that certain actions to correct the
violation be taken. The failure to pay the civil assessment will result in imposition of the suspension.
P. Show cause hearings before the Board of County Commissioners. Whenever the Board finds probable cause
and sets a show cause hearing as described in Section 2-4-40.D., the show cause hearings shall generally be
conducted as described in this Section 2-4-50. However, the Board may conduct the meeting as it deems
appropriate while still safeguarding the rights of the participants. The Board shall open the show cause hearing
to accept written and verbal public comments, and shall give the participants an opportunity to rebut such
public comments.
ARTICLE XIII Weld County Addressing System
Sec. 2-13-40. Issuance of addresses.
Outside of subdivisions, addresses
Addresses shall only be issued for locations within the unincorporated areas
of the County where structures are being constructed or power poles erected and which necessitate the issuance of
building permits or electrical permits by the Department of Building Inspection, or the issuance of a 1041 Weld
County Oil and Gas Location Assessment (1041 WOGLA). by the Department of Planning Services. Addresses shalt
:y (30) days of being
recorded in the offices of the Weld County Clerk and Recorder. All issued addresses shall be transmitted forthwith
(Supp. No. 81)
Created: 2023-04-04 17:41:35 [EST]
Page 14 of 15
to the GIS Department for inclusion into the Weld County Address Database. To be issued an address, the location
must be a legal lot (defined in Section 23-1-90 of this Code) served by an approved access, as such term is defined
in Section 2-13-50 of this Article. Only one (1) address will be issued per legal lot, except where more than one (1)
address is justified, as determined by the Department of Planning Services.
Sec. 2-13-50. Approved access.
The term "approved access" shall mean an Access Permit has been approved and issued by the Department of
Public Works County pursuant to. This process k described in Chapter 8, Article XIV of this Code, or by the
Colorado Department of Transportation for state -maintained roads, or by a municipality for annexed roads.
Sec. 2-13-100. Miscellaneous provisions.
A. Appeal of address issuance decisions. Appeal of any decisions made by Department of Planning Services staff
regarding the issuance of addresses shall be made to the Planning Director for determination. Appeals shall be
written and received by the Planning Director no later than ten (10) days after the date of decision by Planning
staff.
B Coordination with municipalities. The Department of Planning Services shall coordinate the issuance of
addresses for properties located adjacent to municipalities or municipalities in close proximity, so as to
maintain consistency and to avoid duplication.
C. Posting of issued addresses. All addresses shall be posted on the structures or power poles to which they are
issued in accordance with the requirements of Section 502 of the 1997 Uniform Building Code, or of any
applicable fire code set forth in this Code.
Created: 2023-04-04 17:41:35 [EST]
(Supp. No. 81)
Page 15 of 15
Summary of proposed changes to Chapter 2
Sec. 2-3-10: "Substantial Change" requirements.
Background: If a land use application is denied by the BOCC, no application for another land use application will be
accepted within 5 years of denial, unless the applicant applies for and receives approval by the BOCC determining
that there is a substantial change. This does not include 1041 WOGLAs, zoning permits, or Family Farm Divisions.
Updates to remove references to Recorded Exemptions and add references to 1041 permits (other than 1041
WOGLAs). Remove provision that allows an applicant to apply for substantial change and new land use permit
concurrently. Other minor clean-up.
Sec. 2-3-30. Collateral for improvements.
Delete section. Collateral provisions are proposed to be moved to Chapter 8 by Ordinance2023-16.
The most significant change in the new collateral regs would be increasing the amount of Project Collateral required
from 100% of estimated construction costs to 125% to account for inflation occurring after the collateral is provided,
as well as administrative costs and the fact that contracting to have the incomplete work done by a third party may
cost substantially more than the original developer estimated. (Inflation for construction costs is usually higher than
headline CPI inflation.) Project Collateral is held by the County in accordance with the Improvements Agreement in
order to ensure the improvements are completed as proposed by the developer.
Section 2-3-30.D in current code is a provision for corporate guaranty that staff proposes to repeal.
The new sections in Chapter 8 will also provide more clarity for Improvements Agreements and the improvements
covered.
Sec. 2-3-40. Requests for pre -advertising on land use applications. Delete provisions pertaining to the previous practice
of only scheduling BOCC hearings on land use cases after the case had been heard by the Planning Commission. Current
practice is to schedule both hearings and advertise them at the same time.
Sec. 2-3-60. Record of land use hearings. Update to reflect practices for certifying records of proceedings when required
by court order.
Sec. 2-3-80. Zoning of property disconnected from municipality by ordinance of the municipality. Update to refer to
state statute.
Sec. 2-3-90. Case files for staff -approved actions. Updates for current practices. At one point, all Planning case files
were submitted to the Clerk to the Board.
Sec. 2-3-100. Planning Commission transcripts. Updates to refer to CORA.
Sec. 2-3-110. Determination of satisfaction of Improvements Agreements and release of associated collateral as
consent agenda items. Repeal section stating resolutions regarding release of collateral go on the consent agenda.
Consent agenda is addressed in another section (2-1-30).
Sec. 2-4-10. Appeals process. Revise the deadline to submit a written appeal from 60 days to 10. (Appeals regarding
bids would remain five days.) Other minor updates.
Sec. 2-4-40. Probable cause hearings. Correct a typo and clarify the Probable Cause hearing may only be continued
once. (This does not apply to Show Cause hearings.)
Sec. 2-4-50. Show cause and other adjudicatory-type hearings. Minor updates.
Sec. 2-13-40. Issuance of addresses. Minor updates.
Sec. 2-13-50. Approved access. Clarification regarding roads that are maintained by municipalities or CDOT.
Sec. 2-13-100. Miscellaneous provisions. Minor update.
' "� " �'�� " , i' , 'Collateral RequirementsIof some Of`her)urisdictions, r,1 -
Jurisdiction ,
y
�`ProJ'ect,collateral � ����'� e �` �
Warranty r,a
Adams County
120% of improvements plus 5% per year for the term in the
agreement
Same (No reduction
mentioned in code )
Arapahoe County
Amount not in code (Must be "sufficient" )
Boulder County
Amount not in code
Brighton
115%
None
Broomfield
100% if building permits are issued prior to completion, otherwise,
15%
15%
Douglas County
115%
15%
Elbert County
115%
None
El Paso County
Amount not in code
Firestone
115% No bond option
15%
Greeley
125%, but project collateral only required if certificates of
occupancy are issued prior to completion of improvements
20% (1% if cash, but
then not refundable )
Jefferson County
Amount not in code Project collateral only required if building
permits are issued prior to completion of improvements If not
complete within one year of issuance of first building permit, no
further building permits or COs will be issued
25%-60% depending
on location
Latimer County
115% (125% for landscaping) Option for escrow agreement No
bond option
15%
Windsor
100%
10%
Cheryl Hoffman
Citeedoa.3- /5
From:
Sent:
To:
Subject:
Jim Flesher
Wedresday, August 30, 2023 1:55 PM
Cheryl Hoffman; Esther Gesick
RE: O-ds. revising Ch. 2, 8, 24, 27
Cheryl and Esther, we're no longer thinking the POD is necessary. I'll let Bruce answer your
questions. We'll know better after we have a worksession.
Thanks,
Jim
From: Cheryl Hoffman <choffmai@weld.gov>
Sent: Wednesday, August 30, 2023 8:17 AM
To: Jim Flesher <jflesher@weld.gov>
Cc: Kristine Ranslem <kranslem@weld.gov>; Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov>; Tom
Parko Jr <tparko@weld.gov>; Elizabeth Relford <erelford@weld.gov>; Curtis Hall <chall@weld.gov>; Michelle Wall
<mwall@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: RE: Ords. revising Ch. 2, 8, 24, 27
Hi Jim and Bruce,
PC was 11/7, right? Bruce, do you know if this is an ordinance we need to build more time in between readings? Will it
be one involving controversy of any kind?
We'll need to give Kris some time to get us the Resolution from PC and then enough time for CTB to draft, proof and
read to audio, so...without seeing the changes or knowing how considerable they may be, here are the possible dates:
11/30 and 12/1— Read to audio ///
////L
12/4—FirstReading
12/6 — Send to paper
12/10 — Publish
12/20 — Second Reading (or if need to build in more time 1/3/24 between First and Second Reading and dates would
change from this point. Christmas week 2 commissioners will be gone.)
12/2 —Send to paper (This date may change due to Tribune's holiday hours)
12/24 — Publish
1/8/24 — Third/Final Reading
1/11— Send to paper
1/14 — Publish
1/19 — Effective date
Please let me know.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
1
From: Jim Flesher <jflesher@weld.gov>
Sent: Tuesday, August 29, 2023 2:32 PM
To: Cheryl Hoffman <choffman@weld.gov>
Cc: Kristine Ranslem <kranslem@weld.gov>; Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov>; Tom
Parko Jr <tparko@weld.gov>; Elizabeth Relford <erelford@weld.gov>; Curtis Hall <chall@weld.gov>; Michelle Wall
<mwall@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: Ords. revising Ch. 2, 8, 24, 27
Hi, Cheryl
Can you give us dates based on first reading being 12/4 as we discussed last week?
We're looking at doing two ordinances simultaneously, but we're meeting with Bruce tomorrow.
Thanks,
Jim Flesher, AICP
Long -Range Planner
Weld County Planning Services
1402 N. 17th Ave.
Greeley, CO 80631
Phone: (970) 400-3552
www.weldgov.com
2
Cheryl Hoffman
cep ozogo__
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Cheryl,
Kristine Ranslem
Tuesday, October 17, 2023 3:52 PM
Cheryl Hoffman
Esther Gesick
RE: Chapter 8 timeline change.
Ch. 24 update.docx; Ch. 27 rewrite.docx
I asked Jim for the proposed changes please see attached. He doesn't believe there will be any changes prior to PC
Hearing for Ordinance 2023-18 (Ch. 27 rewrite); however, as a result of the BOCC work session last week there may be
additional changes to Ordinance 2023-17 (Ch. 24 update) as 4 of the County Commissioners want to remove
subdivisions from unincorporated areas of the County. I understand that they will be holding a follow up work session
possibly next week?? So that one may have some additional changes, but it sounds like if anything it will become
smaller
Thanks!
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Tuesday, October 17, 2023 3:07 PM
To: Kristine Ranslem <kranslem@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: RE: Chapter 8 timeline change.
Hi Kris,
Just wondering if you've gotten anything for PC yet for any of the ords? I've received nothing to date.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Kristine Ranslem <kranslern@weld.gov>
Sent: Tuesday, October 17, 2023 1:26 PM
To: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov>
Cc: Maxwell Nader <mnader@weld.gov>; Jim Flesher <iflesher@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Michelle
Wall <mwall@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Curtis Hall <chall@weld.gov>; Elizabeth Relford
<erelford@weld.gov>
Subject: RE: Chapter 8 timeline change.
Cheryl and Esther,
FYI — Ordinance 2023-16 will not be going before Planning Commission on November 7th. However, the BOCC hearing
dates will still remain.
If you have any questions, please let us know. Thanks!
1
From: Maxwell Nader <mnader@weld.gov>
Sent: Tuesday, October 17, 2023 1:13 PM
To: Jim Flesher <jflesher@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Kristine Ranslem <kranslem@weld.gov>;
Michelle Wall <mwall@weld.gov>
Cc: Dawn Anderson <dranderson@weld.gov>; Curtis Hall <chall@weld.gov>; Elizabeth Relford <erelford@weld.gov>
Subject: Chapter 8 timeline change.
All,
After discussion with Bruce and others in Public Works, Chapter 8 will not be going to Planning Commission on
November 7. The functional classification map will still be going in front of PC at a later date.
Best,
Maxwell Nader
Planning Manager
Dept. of Planning Services
1402 N 17t' Ave
Greeley, CO 80631
mnader@weld.gov
Phone: (970)-400-3527
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
2
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Jim Flesher
Tuesday, September 12, 2023 2:53 PM
Cheryl Hoffman
Maxwell Nader; Kim Ogle; Tom Parko Jr; Elizabeth Relford; Curtis Hall; Michelle Wall; Esther Gesick; Michelle Wall;
Bruce Barker; Karin McDougal; Kristine Ranslem
RE: Ords. revising Ch. 2, 8, 24, 27
Cheryl:
Here is what I would put for the summaries but others can chime in if they want, or you can shorten
them:
Ord23-15: Planning & Zoning Matters, Hearings, Addressing
Ord23-16: Public Works
Ord23-17: Subdivisions
Ord23-18: Planned Unit Developments
Thanks,
Jim
From: Cheryl Hoffman <choffmai@weld.gov>
Sent: Tuesday, September 12, 2023 2:23 PM
To: Kristine Ranslem <kranslem@weld.gov>; Jim Flesher <jflesher@weld.gov>
Cc: Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Elizabeth
Relford <erelford@weld.gov>; Curtis Hall <chall@weld.gov>; Michelle Wall <mwall@weld.gov>; Esther Gesick
<egesick@weld.gov>; Michelle Wall <mwall@weld.gov>
Subject: RE: Ords. revising Ch. 2, 8, 24, 27
Hi everyone,
Chapter 2 — Ordinance 2023-15 (3ruce is presenting) — Docket #2023-85
Chapter 8 — Ordinance 2023-16 (Elizabeth is presenting) — Docket #2023-86
Chapter 23 & 24 — Ordinance 2023-17 (Jim/Tom presenting) — Docket #2023-87
Chapter 27 — Ordinance 2023-18 (Jim/Tom presenting) — Docket #2023-88
1. Could you please provide me with a short (2-4 word) summary of what each Ord will be regarding? Like, Chapter
3 Human Resources Ord2023-10 was "Concealed Carry".
Kris, if you need anything else, please let me know.
Thanks.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
1
Tel: (970) 400.4227
choffman@weld.gov
From: Kristine Ranslem <kranslem@weld.gov>
Sent: Tuesday, September 12, 2023 9:07 AM
To: Cheryl Hoffman <choffman@weld.gov>; Jim Flesher <jflesher@weld.gov>
Cc: Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Elizabeth
Relford <erelford@weld.gov>; Curtis Hall <chall@weld.gov>; Michelle Wall <mwall@weld.gov>; Esther Gesick
<egesick@weld.gov>; Michelle Wall <mwall@weld.gov>
Subject: RE: Ords. revising Ch. 2, 8, 24, 27
Hi Cheryl,
Based on discussions with Planning Staff, these dates are good for everyone. Also, Staff is requesting separate
ordinances as provided below.
Chapter 2 — Ordinance 2023-15 (Bruce is presenting)
Chapter 8 — Ordinance 2023-16 (Elizabeth is presenting)
Chapter 23 & 24 — Ordinance 2023-17 (Jim/Tom presenting)
Chapter 27 — Ordinance 2023-18 (Jim/Tom presenting)
Staff is still working on the proposed code changes, so it may still be subject to change, but the Chapters won't
change. Given the substance of the changes, there may be some discussion from the public, however, Staff doesn't
believe it will be contentious at this point. If you could please schedule these dates and send docket information for the
Ordinances, I would greatly appreciate it.
THANK YOU!
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Wednesday, August 30, 2023 8:17 AM
To: Jim Flesher <*flesher@weld.gov>
Cc: Kristine Ranslem <kranslem@weld.gov>; Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov>; Tom
Parko Jr <tparko@weld.gov>; Elizabeth Relford <erelford@weld.gov>; Curtis Hall <chall@weld.gov>; Michelle Wall
<mwall@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: RE: Ords. revising Ch. 2, 8, 24, 27
Hi Jim and Bruce,
PC was 11/7, right? Bruce, do you know if this is an ordinance we need to build more time in between readings? Will it
be one involving controversy of any kind?
We'll need to give Kris some time to get us the Resolution from PC and then enough time for CTB to draft, proof and
read to audio, so...without seeing the changes or knowing how considerable they may be, here are the possible dates:
11/30 and 12/1— Read to audio
12/4 — First Reading
12/6 — Send to paper
12/10 — Publish
12/20 — Second Reading (or if need to build in more time 1/3/24 between First and Second Reading and dates would
change from this point. Christmas week 2 commissioners will be gone.)
)27.et— Send to paper (This date may change due to Tribune's holiday hours)
12/24 — Publish
2
1/8/24 — Third/Final Reading
1/11— Send to paper
1/14 — Publish
1/19 — Effective date
Please let me know.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Jim Flesher <jflesher@weld.gov>
Sent: Tuesday, August 29, 2023 2:32 PM
To: Cheryl Hoffman <choffman@weld.gov>
Cc: Kristine Ranslem <kranslem@weld.gov>; Maxwell Nader <mnader@weld.gov>; Kim Ogle <kogle@weld.gov>; Tom
Parko Jr <tparko@weld.gov>; Elizabeth Relford <erelford@weld.gov>; Curtis Hall <chall@weld.gov>; Michelle Wall
<mwall@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: Ords. revising Ch. 2, 8, 24, 27
Hi, Cheryl:
Can you give us dates based on first reading being 12/4 as we discussed last week?
We're looking at doing two ordinances simultaneously, but we're meeting with Bruce tomorrow.
Thanks,
Jim Flesher, AICP
Long -Range Planner
Weld County Planning Services
1402 N. 17th Ave.
Greeley, CO 80631
Phone: (970) 400-3552
www.weldgov.com
3
Hello