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HomeMy WebLinkAbout20221144.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-04 was introduced on first reading on April 20, 2022, and a public hearing and second reading was held on May 4, 2022. A public hearing and final reading was completed on May 18, 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. 2022-04 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Effective Date: May 27, 2022 Board of County Commissioners Weld County, Colorado Dated: May 19, 2022 Published: May 22, 2022, in the Greeley Tribune ,2400202- /1+z-,/, NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022.04 was introduced on first reading on April 20, 2022, and a public hearing and second reading was held on May 4. 2022. A public hearing and final reading was completed on May 18. 2022, with no change being made to the text of said Or- dinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup ma- terial, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be exam- ined in the office of the Clerk to the Board of County Commis- sioners, located within the Weld County Administration Building, 1150 0 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 mes- sages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspond- ence Into the case file, please send a copy to egesickOweldgov. coin. Ordinance No. 2022-04 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Effective Date: May 27, 2022 Board of County Commissioners Weld County, Colorado Dated: May 19, 2022 Published: May 22, 2022, in the Greeley Tribune - 1892485 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Agent , 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): May 22, 2022 Signature u scribed and sworn to me before me this day of / 2G722 Notary Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES Jufy 31, 2025 Account: Ad Number: Fee: 1099690 1892485 $14.50 1.4 0200201// , / NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-04 was introduced on first reading on April 20, 2022, and a public hearing and second reading was held on May 4, 2022, with changes being made as listed below. 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 May 18, 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. 2022-04 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Date of Next Reading: May 18, 2022, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: May 5, 2022 Published: May 8, 2022, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE #2022-04 ON SECOND READING: Amend Sec. 23-2-30. Duties of Planning Commission, to read as follows: 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. 4. For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/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) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that 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, 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 a minimum of 26 -foot -wide travel surface with a minimum 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 compliance 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. Remainder of Section — No change. Amend Sec. 23-2-40. Duties of Board of County Commissioners, to read as follows: A. — No change. B. The Board of County Commissioners shall hold a public hearing to 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: 1. thru 3. — No change. 4. For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/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) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that 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, 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 a minimum of 26 -foot -wide travel surface with a minimum 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 compliance 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. Remainder of Section — No change. NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-04 was introduced on first reading on April 20, 2022, and a public hearing and second reading was held on May 4, 2022 with changes being made as listed below. A public hear- ing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Build- ing, 1150 0 Street, Greeley, Colorado 80631, on May 18, 2022. All persons are reque manner totattenddin andtmayyy be reading eard gPlease coof said n - tact 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 Com- missioners concerning this matter may be examined in the of- fice of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 0 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. 2022-04 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Date of Next Reading: May 18, 2022, at 9:00 a.m. Board of County Commissioners Weld County. Colorado Dated: May 5, 2022 Published: May 8, 2022, in the Greeley Tribune - 1889200 CHANGES MADE TO CODE ORDINANCE#2022.04 ON SECOND READING: Amend Sec. 23-2.30. Duties of Planning Commission, to read as follows: A. The Planning Commission shall hold a hearing to consider the application for the Change of Zone. The Planning Commis- sion 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 appli- cant 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. 4. For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/ROADS providing access to the subject parcels shall have a minimum 26 -foot -wide travel sur- face with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that 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, 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 a minimum of 26 -foot -wide travel surface with a minimum 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 compliance with any additional improvements upon submittal of an application for a land use permit, building permit,iaccess permit, or grading per- mit. Additional improvements, f necessary, may require an amended or new Improvements Agreement documenting addi- tional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of. the Improvements Agreement. Remainder of Section - No change. Amend Sec. 23-2-40. Duties of Board of County Commissioners, to read as follows: A.- No change. B. The Board of County Commissioners shall hold a public hearing to 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 recom- mendation of the Planning Commission, and from the facts pre- sented 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, ap- prove 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 applicanthas the bur- den of proof to show that the standards and conditions of Para- graphs 1 through 5 below to and Section 23-2-50 are met. The ap- plicant 1. thru 3. - No change. 4. For zoning amendments to any zone district other than A (Agriculture), unpaved STREETS/ROADS providing access to the subject parcels shall have a minimum 26 -foot -wide travel sur- face with a minimum 4 -inch depth of aggregate surface course (gravel) and a minimum RIGHT-OF-WAY width of sixty (60) feet. Otherwise, the rezoning shall only be approved on the condition that 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, 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 a minimum of 26 -foot -wide travel surface with a minimum 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 compliance with any additional improvements upon submittal of an application for a land use permit, building permit, access permit, or grading per- mit. Additional improvements, if necessary, may require an amended or new Improvements Agreement documenting addi- tional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. Remainder of Section - No change. Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Agent 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 Gr in Weld County on the ate(s): May 8,2022 S scribed and sworn to a before me this day of Notary Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099690 1889200 $63.50 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-04 published below, was introduced and, on motion duly made and seconded, approved upon first reading on April 20, 2022. 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 May 4, 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. 2022-04 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Date of Next Reading: May 4, 2022, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: April 21, 2022 Published: April 24, 2022, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2022-04 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, 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 O2 - ii4/4 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 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows. CHAPTER 23 ZONING ARTICLE II Procedures and Permits Division 1 Amendments to Zoning Map Amend Sec. 23-2-10. Amendment procedures. A. — No change. B. In addition to the Board of County Commissioners, only 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 change. Amend Sec. 23-2-20. Duties of Department of Planning Services. A. and B. — No change. 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. D. — No change. Amend Sec. 23-2-30. Duties of Planning Commission. 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. 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size and depth of road base to meet the requirements of the proposed zone district per the Weld County Engineering and Construction Criteria in Appendix 8-Q of this Code. Adequate size and depth of road base, at a minimum, shall be a 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel). This includes a minimum RIGHT-OF-WAY width of sixty (60) feet. If the STREET/ROAD or highway facilities are not adequately sized, the rezoning shall only be approved on the condition that 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, 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 minimum standard 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 possible 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. B. - No change. Delete C. Amend Sec. 23-2-40. Duties of Board of County Commissioners. A. — No change. B. The Board of County Commissioners shall hold a public hearing to 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: 1. thru 3. — No change. 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size and depth of road base to meet the requirements of the proposed zone district per the Weld County Engineering and Construction Criteria in Appendix 8-Q of this Code. Adequate size and depth of road base, at a minimum, shall be a 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel). This includes a minimum RIGHT-OF-WAY width of sixty (60) feet. If the STREET/ROAD or highway facilities are not adequately sized, the rezoning shall only be approved on the condition that 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, 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 minimum standard 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 possible 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. Remainder of Section — No change. Amend Sec. 23-2-50. Application requirements for Change of Zone. A. thru D. — No change. 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 COZ 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. 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. Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, the undersigned agent, of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was 24th day of April A.D. 2022 and the last publication thereof: in the issue of said newspaper 24th day of April A.D. 2022 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Agent Subscribed and sworn to before me this day of April, 2022 in the County of Weld, State of Colorado. Acct#: 1099690 Ad #: 1885422 Cost: $154.00 MELISSA L NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 2022 NOTICE CF FIRST READING CIF ORDINANCE Pursuant to the Word Cbunty I-bme Rale Charter, CYdinance Number 2=-04 published below, was introduced and, on motion duly made and seconded, approved upon first reading on April 20, 2ueL A public hearing and second reading is scheduled to be held in the Charnbersof the Board, located within the N./Veld Cbunty Administration BjiIding, 1150O3reet, C-eeley, Cblorado80631, on May 4, 2022 All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Reese contact the Clerk to the Board's office at phone (970) 4004225, or fax (970) 336-/ZIt, prior to the day of the hearing if, as the result of a disability, you require reasonable aocorrrriodations in order to participate in this hearing. Any backup material, exhibits or in- formation previously submitted to the Beard of County Commissioners concerning this matter may be examined in the office of the Clerk to the Bard of County Cbrmnissioners, located within the Weld County Administration Building, 1150O3reet, Greeley, Colo- rado, between the hours of 8:00 am and 5:00 p.m, Monday thru Friday, or may be accessed through the Weld County Web Page (www.weddgov.com). E-mail ri.:.. sent to an individual Cbmmssione- may not be induded in the case file To ensure incursion of your e-mail correspondence into the case file, please send a copy to egesic kgy eldgov.com. Ordinance No. 202204 Ordnance Title: In the Matter of Repealing and Reenacting, with At rPzT idments, Chapter 23Zoning of the Weld County Code Date of Next I1 adng: May 4, 2022, at 900 am. Board of County Cbrrrrissioners VVteld County, Colorado Orated: April 21, 2022 Published: April 24, 20122, in the Greeley Tribune- 1885422 WBDCOUNTY OODE ORDINANCE 2022-04 IN THE MATTER OF FEPEAIJ NG AND JAC 1 NG, WTH AMBJOMBNTS CHAPTER ZON NO OF THEVIIBD COUNTY QOOE BEITORDAINED BYTHE BOARD OFCOUNTY OCMMISSCN RS OF THE COUNTY OFVIIB0S STATE CIF OOLORADQ WHEREAS, the Eba-d of Cbunty Commissioners of the County of VVeld, Bate of Colorado, pursuant to Colorado statute and the Weld Cbunty I-Aa re Rale Charter, is vested with the authority of administering the affairs of Word County, Colorado, and WHEREAS, the Board of Cbunty Commissioners, on December 28, 2(X70, adopted Word Cbunty Code Ordinance 2000-1, enacting a conprehensive Cbde for the Cbunty of Weld, indudirig the codification of all previously adopted ordinances of a general and per- manent nature enacted on or before sad date of adoption, and WHBRF.AS, the Weld County (ode is in need of revision and darification with regard to procedures, terms, and requirements there n. NOW, THEREFORE BEIT OR)AIN®by the Board of Cbunty (brrmissionersof the Cbunty of V%Id, Bate of Colorado, that Chap- ter 23 of the VVbld Cbunty Cbde be, and hereby is, repealed and re-enacted, with amendments, to reed as follows. CFLAPTE223 ZING ARTICLE II Procedures and Permits Division 1 Amendments to Zoning Map Amend Sec. 23-2-10. Amendment procedures. A —No change. B In addition to the Board of Cbunty Commissioners, only the fee owner of a L. LOT may request drnen dment of the Official Zoning Map of the CCUVTY(a Change of Zone) for said property. Remainder of Section —No change. Amend Sec. 23-2-20. Duties of Department of Planning Services. A and B —No change. C An electronic version of the Cffidal Wald County Zoning Map, which includes all of the retuning approvals made by the Board of County Commissioners, shall be maintained. The map shall be available for public inspection with the LTpa trrent of Raining Services and online. Q —No change. Amend Sec. 23-2-30. Duties of Planning Cam mission. A The Raining Commission shall hold a hearing to consider the application for the Change of Zone. The Raining Commission shall provide reoomrnendations to the Board of County Commssioners concerning the disposition of the requested change. The Raining Cbrrrrission 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 Aand Section 23-250. The applicant has the burden of proof to show that the standards and conditions of this Subsection Aand Section 23-2-50 a -e met. The applicant shall demonstrate: 1. thru 3. —No change 4 That Siarl/ FCADor highway facilities providing access to the property. are adequate in size and depth of road base to meet the requirements of the proposed zone district per the Weld Cbunty Engineering and Construction Criteria in Appendix 8-Q of this Code. Adequate size and depth of road base, at a minimum, shall be a 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel). This indudes a minimum RC3-iT-CFVWYwidth of sixty (60) feet. If the bit -LEI/ RDAD high- way facilities are not adequately sized, the rezoning shall only be approved on the condition that the applicant shall enter into an Irrprovsments Agreement prior to recording the Change of Zone plat. Soh agreement shall be in conformance with Appendix 8-N Transportation Ran, and Section 2-3-3Q (bilateral for improvements, both of this Cbde. The ImprovementsAgreernent shall provide for the road to be improved to the minimum standard 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 possible additional improvements upon submittal of an application foreland use permit, building permit, access permit, or grading permit. Additional irrprovements, if necessary, may require an air tier &Jed or new Improvements Agreement documenting additional requirements. Noland use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. 5. - No change. B - No change. Delete C: Arland rd Sec. 23-2-40. Duties of Board of County Commissioners. A —No change. B The Board of County Commissioners shall hid a public hearing to 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 Raining Corrrnission, and from the fads presented at the public hearing and the information contained in the official record which includes the Departtrrerit of Ranning 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 tion 23-2-50 are met. The applicant shall darnonstrate 1. thru 3. —Nb change. 4. That Sr Fitl/ RD4Dor highway facilities providing access to the property are adequate in size and depth of road base to meet the requirements of the proposed zone district per the I/Veld County Engineering and Construction Criteria in Appendix 8-Qof this Code. Adequate size and depth of road base, at a minimum, shall be a 26 -foot -wide travel surface with a minimum 4 -inch depth of aggregate surface course (gravel). This includes a minimum RG-1T-CF-VWYwidth of sixty (60) feet. If the Si Fdtl/ FOND or high- way facilities are not adequately sized, the rezoning shall only be approved on the condition that the applicant shall enter into an Improvements Agresrent prior to recording the Change of Zone plat. arch agreement shall be in conformance with Appendix 8-N Transportation Ran, and Section 2-3-30, Collateral for improve -rents, both of this Code. The IrrprovemerrtsAgreerrent shall provide for the road to be improved to the minimum standard prior to the recording of any land use permt map or issuance of any building permit, access permit, or grading permit, whichever cones first, and shall be re-evaluated for possible additional improvements upon submittal of an application foreland use permit, building permit, access permit, or grading permit. Additional improvements, if necessary, may require an arended or new Improvements Agreement docui rieriting additional requirements. No land use permit, building permit, access permit, or grading permit shall be issued without review of the Improvements Agreement. Remainder of Section —No change. Amend Sec. 23-2-50. Application requirements for Change of Zone. A thru D —No change. E The followi ng supporting rich invents shall be submitted as part of the general application: 1. thru 7. —No change. a Reserved. 9. and 10. —No change. Delete 11. F The a applicanta approval shall submit the draft for preliminary approval to the [ artrI Mr it of Raining Services in electronic (.pdf) format.the plat, applicant shall submit a plat for recording, along with any other documentation re- quired as conditions of approval. The plat shall be delineated in nonfading pen rartait black ink on Mylar with original signatures and seals in permanent black ink or shall be digitized with electronic signatures and seals Lon completion of all conditions of ap- proval, the plat shall be recorded in the office of the County Clerk and Recorder by the Department of Raining Services. The plat shall be prepared in accordance with the require -rents of a bsect ion 232-5O. Dof this Article. The plat shall be recorded within one hundred twenty (12)) days from the date of the Board of County Qxrrrissioners resolution, or by the date specified in the resolu- tion. 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 Ranning Services shall schedule a public hearing before the Board of County Ctxmissioners and request the landowner to appear and present evi- dence substantiating that the CXE has not been abandoned and that the applicant pocceoo= the willingnc3c 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 CXE Remainder of Secion —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 sup- plement the Veld 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, grarrrr-, and numbering or place, i ea it of chapters, a -tides, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, cause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the re -reining portions hereof. The Ebard of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsec- tion, paragraph, sentence, dause, and phrase thereof irrespective of the fact that any one or more sections, subsections, para- graphs, sentences, dauses, or phrases night be declared to be unconstitutional or invalid. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on November 15, 2021 and December 6, 2021. The complete case file may be examined by calling the Department of Planning Services at (970) 400-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. 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 prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@weldgov.com. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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 Department of Planning Services at (970) 400-6100, or the Clerk to the Board's Office at (970) 400- 4225, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. The application may be updated at any time at the request of the applicant, or in response to public input, referral responses, or staff recommendations. During the public hearing process, the Planning Commission and Board of County Commissioners reserve the right to amend the findings, conditions of approval, and/or development standards in the proposed resolution. DOCKET #: 2022-46 PLANNING COMMISSION DATE: April 5, 2022 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: April 20, 2022 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2022-04 PRESENTED BY: TOM PARKO/DAWN ANDERSON REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (CHANGE OF ZONE). PLANNING COMMISSION WELD COUNTY, COLORADO DATED: March 24, 2022 PUBLISHED: March 26, 2022, in the Greeley Tribune 2022-1144 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administra- tion Building, 1350 0 Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on May 4, 2022. and May 18, 2022. The complete case file may be examined by calling the De- partment of Planning Services at (970) 400-6100 to make ar- rangements with the case planner, or at the office of the Clerk to the Board of County Commissioners. Weld County Administra- tion Building, 1150 0 Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be in- cludedgin the case file. To ensure inclusion of your E -Mail corre- spondence into the case file prior to the Planar% Conunisfion bearing, please tain thepaQcall the Department of Plandrw Services to any oh-- ate contact Information. coRessap�OsrkwkencrfwlpFor Inclusion prior the Board of Commissioners E- ntailIfa court reporter is desired for either hearing, please ad- vise the Department of Planning Services or the Clerk to the Board's Office, In writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the re- questingiparty. In accordance with the Americans with Disabili- ties Act, f special accommodations are required in order for you to participate in this hearing. please contact the Department of Planning Services at (970) 400-6100. or the Clerk to the Board's Office at (970) 400.4225, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quo- rum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. The application may be updat- ed at any time at the request of the applicant, or in response to public input referral responses, or staff recommendations. Dur- ing the ublic hearing process, the Planning Commission and Board of County Commissioners reserve the right to amend the findings, conditions of approval, and/or development standards in the proposed resolution. DOCKET#: 2022-46 PLANNING COMMISSION DATE: April 5, 2022 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: April 20, I022 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2022-04 PRESENTED BY: TOM PARKO/DAWN ANDERSON REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUN- TY CODE (CHANGE OF ZONE). PLANNING COMMISSION WELD COUNTY, COLORADO DATED: March 24, 2022 PUBUSNEP. March 26, 2022. in the Greeley Tribune - 1878296 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Agent , 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): Mar 26, 2022 Signatu • cribed and swam tp t7le beforehis ' day of 'N/�'►�//,jV(,�n\/ /10 day Notary Public (SEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: Ad Number: Fee: 1099981 1878296 927.50 Hello