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Home My WebLink About20221271.tiffy�. THE MATTER I !O F T H E E IT ORD ELST l TE F REPE EL • C E ,'. THE F C4 LORAD ELD CO. E Di E 22- e 4 acie- G N EE �,�� '� = C T I ,WITH AMENDMENTS, C H A :' TER 23 U ?:>1S TY C P S� S.l E 0 OF C * LINTY COM ISSIO NE s F THE _= AUNTOF WHENt..s, 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 HEREJL* S, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and HERE/ S, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NO•=r;THE 41.EFERE, E IT s Al ED by the Board of County Commissioners of the County of Weld, State of Colorado, that Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. ARTICLE II Pr Division I A men dures and meets tt j Z mend sec® 23-240® A. o change. end 'iI its Ma CHAPTER 23 p ZO ING F i�� ent �v A '" y�4 u res a E. In addition to the Board of County Commissioners, my the fee owner of a LEGAL LOT may request amendment of the Official Zoning Map of the COUNTY (a Change of Zone) for said property. Remainder of Section ® No ch; nge. en r^1� s --c. 23-2-2 Du ti A. and ® No change. S f art merit * f Pia PAGE 1 r7 n .! o t,. ifn era, ices. 2022-1271 CSR®2022-04 C. An electronic version of the Official Weld County Zoning Map, which includes all of the rezoning approvals made by the Board of County Commissioners, shall be maintained. The map shall be available for public inspection with the Department of Planning Services and online. a change. ecm 23-2-30. Duties f Pi n C mission. A. The Planning Commission shall hold a hearing to consider the Application for the Change of Zone. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commission shall recommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section 23-2- 50. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall demonstrate: 1. thru 3. ® No change. 5� o AA T ar i o A ,9 ,• '9i cc s� e �'�-r"d-:p 9 ° a r �'1 P- li" e 4 .-�-.-a.t-- s e ��-�-p-=a � A �-� a -h gig-. �� a c j �--�-e� r- :-�-�--�� . �p� �-� �� --� e r u��-�. p rA " ` �L'� ,+'� '°` � ` tea? +C' - 'L_,.`` !!_' S � � .5��''�-� (' 'F P� �V.�• ' `C , ,wd 3 ! ' t� �� `�, i `�� ,�, § ' "' ,�, 3"�, "' e`"°a ' �. e.a • � p �P fe 9 9 e psi 1 8 -sp-'. �r a , tISS ✓ d �m '�-iP re q- -re- 6� s —aft e p� s z n -e --c' s a copper the \ e-1-d-Q-aun y En -i- mMe f� - C o ri stru-et4o n Criteria i -Ap s�,� -de- , at-e-ize-- E n d- e t -h -o oar -rase, a-t--a-m-ium s -h -a -a-Fo r zoning amendments to an ; zone district other than A (Agriculture), unpaved STREFTS/ROADS providing access to the subject parcels shall have a minimum 26 -foot -Wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) art. _ a a� -&i- c , a minimum RIGHT-OF-WAY width of sixty (60) feet. i T REE1 rratvg)-er h1 � a � a-- fe -� e re 7 zueity-,siz -Otherwise, the rezoning shall only be approved on the condition tht the applicant shall enter into an Improvements Agreement prior to recording the Change of Zone plat. Such agreement shall be in conformance with Appendix 8-N, Transp r tittion Plan, and Section 2-3-30, Collateral for improvements, both of this Code. The Improvements Agreement shall provide for the road to be improved to the minim stan4a a minimum of 26 -foot -wide travel surface with a minftnui 4 -inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for possi-btecompHance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. 5. - No change. o change. PAGE 2 2022-1271 R®2022-04 Delete C. A °,en .f Sec. 23=2- 0. toes =� f +lard of CLnty Co -,,_.-I is&&on rs A. ® Nchange. B. The Bo rd f County Commissioners shall hold public hearing t consider the application and to take final action thereon. In making a decision on the proposed Change of Zone, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of Paragraphs 1 through 5 below and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 5 below and Section 23-2-50 are met. The applicant shall demonstrate: rl 1�£ 1. thru 3. — No change. 4. -� i _ ST E IE 3 t) '' i4g#wa 3 h r -o a c- - t s p o lly-aa -S wage ge i a_ L. ` - -d h —o road-baseea mee+ F flFesn4s-o 6 g he p a the---WeladC i, e j- - end -x — 8s Adequate size and-d-p-th--o- d o -a b .�, a t a hr -n4ni 0, shall -be -al -For amendments `�' --� T-- .�. �� zoning � n�� to any zone district ether than A ( Ar-x unoaved _ STREFTS/ROADS providing access to the subiect parcels shall have a minimum 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel) and. _ .•-r ::s ----btu a minimum RIGHT-OF-WAY width .f sixty (60) feet. - n -STREET AD --&r highway _ f c s -are ad uatet -size dOtherwise, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agreement prior t0 recording the Change of Zone plat. Such agreement shall be in conformance with Appendix 8-N, Transportation Plan, and Section 2-3-30, Collateral for improvements, both of this Code. The Improvements Agreement shall provide for the road to be improved to the -rink um -a -a minimum of 26 -foot -wide travel surface with a minimum 4 -inch de0tn of ale regate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet prior to the recording of any land use permit map or issuance of any building permit, access permit, or grading permit, whichever comes first, and shall be re-evaluated for possibiecompliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting additional requirements. Ni' I:nd use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. Remainder of Section No change. enSec. 23-2-5pplicftlo re ;. hternents for Change f i. nen A. thru D. — No change. PAGE 3 2022-1271 ORD2022-04 E. The following supporting documents shall be submitted as part of the general application: 1. thru 7. — No change. 8. Reserved. 9. and 10. — No change. Delete 11. F. The applicant shall submit the draft plat for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft plat, the applicant shall submit a plat for recording, along with any other documentation required as conditions of approval. The plat shall be delineated in nonfading permanent black ink on Mylar with original signatures and seals in permanent black ink or shall be digitized with electronic signatures and seals. Upon completion of all conditions of approval, the plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-50.D of this Article. The plat shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or by the date specified in the resolution. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty (120) days of the date the resolution was signed, or by the date specified in the resolution, the Department of Planning Services shall schedule a public hearing before the Board of County Commissioners and request the landowner to appear and present evidence substantiating that the CO7 has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat or revoke the approval and deny the COZ. Remainder of Section — No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. E 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. PAGE 4 2022-1271 ORD2022-04 The above and foregoing Ordinance Number 2022-04 was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Scott K. James, Chair Weld County Clerk to the Board Mike Freeman, Pro -Tern BY: Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: County Attorney Date of signature: Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: March 26, 2022 EXCUSED Steve Moreno Lori Saine April 20, 2022 April 24, 2022, in the Greeley Tribune May 4, 2022 May 8, 2022, in the Greeley Tribune May 18, 2022 May 22, 2022, in the Greeley Tribune May 27, 2022 PAGE 5 2022-1271 ORD2022-04 Hello