HomeMy WebLinkAbout20213480.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-02 was introduced on
first reading on December 20, 2021, and a public hearing and second reading was held on
January 10, 2022. A public hearing and final reading was completed on January 31, 2022, with
no change being made to the text of said Ordinance, and on motion duly made and seconded,
was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
Ordinance No. 2022-02
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 20
Impact Fees of the Weld County Code
Effective Date: February 11, 2022
Board of County Commissioners
Weld County, Colorado
Dated: February 3, 2022
Published: February 6, 2022, in the Greeley Tribune
NOTICE OF
FINAL READING OF ORDINANCE
mas 8610 was corn- Prairie Mountain Media, LLC
was adopted. Effective date of said Ordinance is listed below.
Any Crackup material, exhibits or Information previously submit- PUBLISHER'S AFFIDAVIT
ted to the Board of County Commissioners concerning this mat-
CountyyComexamined
iss oneds, loIn cated withintthe Weld Cony Board
n- County of Weld
Istration Building, 1150 0 Street Greeley. Colorado, between the State of Colorado
hours of 8:00 a.m. and 5:00 p.m.. Monday thru Friday, or may be
rue. To ensure inansion or your a -
tie case file, please send a copy to
er of Repealing and Reenactin •, with
of the Lode
The undersigned, Agent , being first duly sworn
pact Fees Weld County
under oath, states and affirms as follows:
2022
iers
1. He/she Is the legal Advertising Reviewer of
in the Greeley Tribune -1867491
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks In Weld County and
meets the legal requisites for a legal newspaper
under Colo. Rev, Stet. 24-70-103.
3. The notice that Is attached hereto Is a true copy,
published In the Greeley Tribune
In Weld County on the following date(s):
Feb 6, 2022
Signature
Subscribed and sworn o me before me this
day of ,___
Notary Public
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
(SEAL) I NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
Account: 1099690
Ad Number: 1867491
Fee: $14.50
1.4
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-02 was introduced on
first reading on December 20, 2021, and a public hearing and second reading was held on
January 10, 2022, with no change being made to the text of said Ordinance. A public hearing and
third reading is scheduled to be held in the Chambers of the Board, located within the Weld County
Administration Building, 1150 O Street, Greeley, Colorado 80631, on January 31, 2022. All
persons in any manner interested in the next reading of said Ordinance are requested to attend
and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
Ordinance No. 2022-02
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 20
Impact Fees of the Weld County Code
Date of Next Reading: January 31, 2022, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: January 14, 2022
Published: January 16, 2022, in the Greeley Tribune
NOTICE OF
SECOND READING OF ORDINANCE
on
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
B:00 a.m. and 5:00 p.m., Monody tnru Friday, or may be accessed
through the Weld County Web Page (www.weldgov.com). E-mail
The undersigned, Melissa Naiera . being first duly
messages sent to an individual Commissioner may not be in-
cluded in the case file. To ensure inclusion of your e-mail corre-
sworn under oath, states and affirms as follows:
spondence Into the case foe, please send a copy to egeslck®
weldgovcom,
1. He/she is the legal Advertising Reviewer of
Ordinance No. 2022-02
Prairie Mountain Media LLC, publisher of the
Ordinance Title: In the Matter of Repealing and Reenacting, with
Amendments, Chapter 20 Impact Fees of the Weld County Code
Greeley Tribune.
Date of Next Reading: January 31, 2022, at 9:00 a.m.
Board of County Commissioners
2. The Greeley Tribune is a newspaper
Weld County, Colorado
Dated: January 14, 2022
of general circulation that has been published
Published: January 16, 2022, in the Greeley Tribune - 1862519
continuously and without interruption for at least
fifty-two weeks in Weld County and
meets the legal requisites for a legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Jan 16. 2022
1fjLdOL (th
GLJ
Signature
Subscribed and Wst before me this
Iday of W.
Notary Public
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174,O31965
(SEAL) MY COMMISSION EXPIRES July 31, 2025
Account: 1099690
Ad Number: 1862519
Fee: $18.00
O20o2/ j O
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-02 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
December 20, 2021. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado 80631, on January 10, 2022. All persons in any manner interested in the
reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
Ordinance No. 2022-02
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 20
Impact Fees of the Weld County Code
Date of Next Reading: January 10, 2022, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: December 21, 2021
Published: December 26, 2021, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2022-02
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 20
IMPACT FEES, OF THE WELD COUNTY CODE
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
2021-3480
WHEREAS, 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
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
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 Chapter 20 of the Weld County Code be, and hereby is, repealed
and re-enacted, with amendments, to read as follows.
CHAPTER 20
IMPACT FEES
Amend Sec. 20-1-80. Independent fee analysis.
A. The intent of an Independent Fee Analysis is to determine appropriate impact fees for land
uses that are not typical of the generalized land uses listed in the impact fee schedules. It
shall not be grounds for an independent fee analysis that the initial occupant of the
development will not generate as much impact as is assumed by the fee schedules, but that
unique and permanent features of the development will result in lower impacts over the long
term.
B. The impact fee may be computed by the use of an Independent Fee Analysis at the election
of the fee payer, if the applicant believes it can be demonstrated. The nature of the proposed
development makes it likely that the impacts generated will cost substantially less to mitigate
than the amount of the fee that would be generated by the use of the fee schedule.
C. The preparation of the Independent Fee Analysis shall be the sole responsibility and expense
of the electing party.
D. Any person who requests an Independent Fee Analysis shall pay an application fee for
administrative costs associated with the review and decision on such analysis; the fee for this
review is cited in Chapter 5, Appendix D of this Code.
E. Independent Fee Analysis requirements.
An Independent Fee Analysis for road impact fees shall provide independent sources of
data for determining appropriate trip generation rate, new trip factor and average length
of a trip on the County's arterial and collector road system. The Independent Fee Analysis
shall provide data for all three (3) of these travel demand characteristics. The data sources
shall be (1) an accepted standard source of transportation engineering or planning data
or (2) a local study on travel demand characteristics carried out by a qualified traffic
planner or engineer pursuant to an accepted methodology of transportation planning or
engineering. If the County has determined that the business does not trigger a traffic study,
the fee payer may use the traffic narrative, in accordance with Section 8.1.2 of the Weld
County Engineering and Construction criteria, to support the demand characteristics as
sources of transportation or planning data. If the business is required to submit a traffic
study, then the fee payer must use a qualified traffic planner or engineer.
2. An Independent Fee Analysis for County facilities impact fees shall provide independent
sources of data for determining appropriate functional population per development unit for
the proposed development, using the methodology set forth in the impact fee study.
3. An Independent Fee Analysis for drainage impact fees shall provide independent sources
of data for determining appropriate measures of impervious cover to be added by the
proposed development.
F. Procedures.
An Independent Fee Analysis shall be undertaken through the submission of an
application for an independent fee analysis.
2. Within ten (10) days of receipt of an application for Independent Fee Analysis, the Director
shall determine if the application is complete. If the Director determines that the application
is not complete, a written statement specifying the deficiencies shall be sent by mail to the
person submitting the application. The application shall be deemed complete if no
deficiencies are specified. The Director shall take no further action on the application until
it is deemed complete.
3. When the Director determines that the application is complete, the application shall be
reviewed by the Director. The Director may choose to utilize the assistance of
development review engineers. The Director shall render a written decision in
forty-five (45) days on whether the fee should be modified and, if so, what the amount
should be, based upon the standards below.
G. Standards. If, on the basis of generally recognized principles of impact analysis, it is
determined that the data, information and assumptions used by the applicant to calculate that
the Independent Fee Analysis satisfy the requirements of this Section, the fee determined in
the Independent Fee Analysis shall be deemed the fee due and owing for the proposed
traffic -generating development. The adjustment shall be set forth in a fee agreement. If the
Independent Fee Analysis fails to satisfy the requirements of this Section, the fee applied shall
be that fee established for the development in the fee schedule.
H. Appeal of Independent Fee Analysis decision. A fee payer affected by the administrative
decision of the Director on an Independent Fee Analysis may appeal such decision to the
Board of County Commissioners, by filing with the Director within ten (10) days of the date of
the written decision a written notice stating and specifying briefly the grounds of the appeal.
The Board of County Commissioners, after hearing, shall have the power to affirm or reverse
the decision of the Director. In making its decision, the Board of County Commissioners shall
make written findings of fact and conclusions of law and apply the standards in this Section.
If the Board of County Commissioners reverses the decision of the Director, it shall instruct
the Director to recalculate the fee in accordance with its findings. In no case shall the Board
of County Commissioners have the authority to negotiate the amount of the fee or waive the
fee. The decisbn of the Board of County Commissioners shall be final and not subject to
further administrative appeal.
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.
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.
NOTICE OF
FIRST READING OF ORDINANCE
Ordinance Na, 2022-02
Ordinance Tide; in the Matter of Repealing and Reenacting, with
EE=7086
happtter 20 Impact Fees of the Weid County Code
ad(rngi January 10.2022. at 9:00 a.m. Commissionersoloradoer 21, 2021mber 26, 2021, in the Greeley Tribune -1857086
WELD COUNTY
CODE ORDINANCE 2022.92
IN THE MATTER
OF F I IMPACT EG AND REENACTING, WITH AMEND -
IN
FEES, Of THE WELD COUNTY CODE
DE iT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELL 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, on December 28.
20(, adopted Weld County Code Ordinance 2000 1. enacting a
Comprehensive Code for the County of Weld including the codi-
fication of all previously adopted ordinancCS of a general and
permanent nature enacted on or before said date of adoption,
fherelm wihe th Weld
to procedures, tIs In ermms, and reed of eqqu emenntts
therein,
the Board of County Com-
to of Colorado, that Chap -
id hereby IA repeated and
as follows.
A.
as Is Assumed by the fee schedules, but that unique and perma-
nent features of the development will result In lower impacts
over the long term.
B. The Impact fee may be computed by the usse of an inde•
pendent fee Analysis at the election of the fee payer, if the ap-
plicant believes it can be demonstrated. The nature of the pro-
posed development makes It likely that the impacts generated
will cost substantially less to mitigate than the amount of the
fee that would be generated by the use of the fee schedule.
C. The preparation of the Independent Fee Analysis shall be
the sole responetbiliity and expense of the electing party.
D. Any person who requests an Independent Fee Analysis
shat pay an, application fee for administrative costs associated
with the review and decision on such analysts; the fee for this
review is cited In Chapte4r !, Appendix D of this Code.
E. Independent Fee Analysis requirements.
1. - An Independent Fee Analysis for road impact fees shall pro-
criaracmnsncs. lire tiara sources snan oe (i) an
lard source of transportation engineering or plan-
t) a local study on travel demand characteristics
a qualified traffic planner or engineer pursuant to
nethodology of transportation planning or engi-
County has determined that the business does
actensncs as sources of transportation
business is required to submIt a traffic
must use a qualified traffic planner or er
2. An Independent Fee Analysis for
fees shall provide independent sources
3. An Independent Fee Analysis for drainage impact fees shall
provide Independent sources of data for determining appropri-
ate measures Of impervious cover to be added by the proposed
development,
F. Procedures.
1. An Independent Fee Analysis shall be undertaken through
the submission of an application for an Independent fee analy-
2. Within ten (10) days of receipt of an application for Inde-
pendent Fee Analysis, the Director shall determine it the appli-
cation Is complete. I the Director determines that the applica-
tion is not complete, a written statement specifying the defi-
clencles shall be sent by mail to the person submitting the appli-
cation. The application shall be deemed complete It no deficien-
cies are specifIed. The Director shall take no further action on
the application until It Is deemed complete.
3. When the Director determines that the application is com-
plete, the application shall be reviewed by the Director. The Of -
rector may dwose to utilize the assistance of development re-
view engineers. The Director shall render a written decision in
forty five (45) days on whether th4 fee should be modified and, if
so,wisat the amount should be, based upon the Standards be -
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Melissa Naiera , being first duly
sworn under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks In Weld County and
meets the legal requisites for a legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Dec 26.2021
r r
Signatur
Subscribed and s rn to me befo a me this
day of ,
Public
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
(SEAL) MY COMMISSION EXPIRES July 31, 2025
Account: 1099690
Ad Number: 1857086
Fee: $69.16
1.4
G. Standards, if, on the basis of generally recognized princi-
ples of Impact analysis, It Is determined that the data, informa-
tiOn and assumptions used by the applicant to calculate that the
Independent Fee Analysis satisfy the requirements of this See -
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