HomeMy WebLinkAbout20221143.tiffWELD CLINTY
CODE <;l1 E 2022- 4
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IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CDE
E IT ORDAINED Y THE BOAR ' OF COUNTY COMMISSI NES OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, 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 Welc, State of Colorado, that Chapter 23 of the Weld County Code be, and hereby is,
repealed and re-enacted, with amendments, t0 read as follows.
CHAPTER 23
ZNING
RTICLE H Procedures and Permits
Division 1 Amendments to Zoning Map
nd Sec. 23-2-1. AAmendment rocedures.
A. — No change.
B. In addition to the Board of County Commissioners, only the fee owner of a LEGAL LOT or a
( r
4:. ° J
Cat .,
•aut t<< fs, , -an • fy _may request amendment of the Official Zoning Map of the
COUNTY (a Change of Zone) for said property.
Remainder of Section — No change.
A
end Sec. 23-2-20. Duties of Department of Planning Services.
A. and B. — No change.
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2022-1143
ORD2022-04
C. An electronic version of the Official Weld County Zoning Map, which includes all of the
rezoning approvals made ? j :T , . the last adoption of the map 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
review of concurrent applications under the COUNTY's regulations concerning Uses by
Special Review, OVERLAY ZONING DISTRICTS or SUBDIVISIONS. 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.
in size to meet the requirements of the proposed zone district. This wilt include updating
and obtaining any new Access Permits, as required. The Access Permit may require an
Improvements Agreement. In the event that the STREET/ROAD or highw-a
not property sized and are planned to be properly sized in the future, in conformance with
the Transportation Plan or in conformance with the MASTER PLANS of affected
municipalities, the applicant may either wait to secure the rezoning until the improvements
expedite approval of the -requested Change of Zone. In the latter event, it will be necessary
permits are issued, or submit suitable performance guarantees to the COUNTY to ensure
construction of the required STREET/ROAD or highway facility improvements. 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
PAGE 2
2022-1143
ORD2022-04
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 puss idle additional improvements upon suomittai of an application for a land use
permit, bulking permit, access permit, or parading permit. Additional improvements, if
necessary, ma\ require an amended or new improvements Agreement documenting
additional reouirements. _ No land use '.ermit, buildinc permits access permit or grading
permit sh;II be issued without review of the Improvements Agreement.
5. - No change.
B. - No change.
Delete C. 14- -1-e
terPriljr
Cam m i-s s Io n- recommendation
G-Griq¢9 Renee -Sin „fecified-Pasms V'�.d r t`fir l - e hear', the -Bear
v*> e"'A � E'°°' � . � - 'i i $'4l` ["P n r � +.o � � l= ' items -� � 1 'a o
? �,/ E a �-n- a �.�ec"'.G�e can s b r,�sa l ee eer i'6ea as b L-c"n, . Ecrl '� to the
�'� �,;''-�'�"�-a �1 _ �- • �`�" - �" 1� ` � �� � � '�� '�li���'� € �"n. �..�-fir a '� �--�a�-',�-'� � ��a�, aa m nt or _ tannin.
men
c. RY+" 9 23-2-40.
A. - No change.
i-c�o-ndRionaI up - in-e,ap $c -an -t
o 12 .-9 t d o 1 rn-i-- lone
ties f , ar of C unty cnis&oners e
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 B:;ard
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. T rt=S-s- E E R- r I ro g
- -n--s i-ze--, , -- -eez-the re p a` n m4 _ t
f aei-l-i-ties n ce 4 y-s-z-ed--nd a� -4a-
� gIf a cess-t �4 t` -v wty-ac --a8 �- -at
•¢^d! zone �f� !� district. � )�r'���� � event cA
6 . �Ld z � € e 1 -n -the pa. � a4 -b he'-'
b - aprly
t e-II"3a -ut a re , 5 n s aI rr an -c i h the a a an-s3'rtat i-e-n-Ri " n -e -r - n c v "' e- uo -₹.-y-`. _' ` G"a
the `.FA AS--�r ER P LMN
' e "' 0-441-1I
o� a 1 E n- -� � 2 t �'r'�ends-a4� s �� i � r i m s fry giv � L_ };
lea '�, `sus' U l k o• �9 \Pam 3 `7 8 4 a 9a,.f ,, '' ap 8- 3 3 B ! 3 8 n C 3, `�,v'' r the
a-p`,pkc---ant--- -e-xp re c&s a wi4• n-g-ne--s-s-o upgrade -the S TEET/ OA--o-r
at -his s � � r own ex��� r se Hn--ordd -_to-secure c
-. e latter event---it-will been-e-ce- s �- - f
t# r eA ap p E fit. t- m" j
Ether wait to secs 0,e
e a peoyaI-of �oh-�e ques - an -g gene.
�l-i�ca-n-t --e-4 �a �� r construct tih --n•ec s-s--a-
.i - �e entsr o r
ua�- �- �� €---Q Q � �T- --ta n -s u re c �� -o n G-�-
Count
Y 6
.1/41/4
�"3cf-Grmanc
reu ke _�
s` n- b- ya-p fev ley •
l ant treats- -n s i tidl - --gin---I d os e e ts-/ -
PAGE 3
4 -o -f
2022-1143
ORD2022-04
contra , provrad by the Board of County Commissioners whi
p -rove, o ts- --ra-n-tees. Any -s#: a , mart or contract shat: -be made in conformance
with the C
nt will be condition- o * t i ing an cces Fern That STREET/ROAD or
a
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
amendec 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. I STREET/R
a
r
s -s to the property are not
e proposed zone district the applicant shall supply
i
STREET/ROAD or highway fac;litie _ in conformance with the Transportation Plan and
I
v
the applicant made in conformance with the COUNTY policy on collateral for
imorovernents. Approval of the Improvements Agreement will be a condition of obtaining
an Ado
9. and 10. — No change.
endix 12-A. Reserved.
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2022-1143
ORD2022-04
Delete 11. �� Ai , r n e co� J r- .z .; .� Area _ s
o p �' � 3 a_� �o Y _ 'mod -`tip han gi"of o 9 e4ao Ott " _in- e i a '"g f o n � U -r a -' '' -' g s s l
y �h- r 4 'a a 3 a - ' ap -b4e r--eguLa4 i n's 4 - -Ch aptar I a9 -an, ny-o)is- a p r a j a le n
a
o' � sue. s �. rys sn,
r .`-h • a ee s --a- -% t4e-' .
F . -Un-a- 9)4a-1, -e-a-�o p -1 - t —s —ha -u b-a-pi 3 t �1-)i .. s r t ati er f e med a- pr ve-d-
-ire- s a �9�,�-' � t o P I a n n-i-n sMc
��5�9 11 : � a � � � {--��a 1 1 G h 9 -�i o,.. ,4.+'
c,E'er ` kf-+-,-�,.p{�' �+' � !"`°•, ,,r w a r", �rj e i �_ � �' � ��,� i ��+, }5�p g'.. -,�t��},, P m"a ''� � Pu
m a �'c�'7' i 'may a d 'a ��f �' e r -a a -C �a.d e ! t ! `�' 1 s o �'� ! o F�� 'a � �u � 5 i-4341
e -a -r- rig aU natu r s-aseals-in - -m ne n, b-lask--ink. _ 1Thke T h e a p licant shall submit the
draft plat for pre lir inar approval to the De aox clanning Services in electronic (. aodj
format. Upon aporoval of the draft plat, the applicant shall submit a plat for recording, along
with env other di ;cumentation required as conditions of approval. The plat shall be define ted
in nonfadin per ranent black ink on Mylar with orictnal &gnatares ano seals in permanent
back ink or shall bo digitized with electronic signatures and seals. Upon completion of ail
conditins ,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 within a b tb date specified by-thecd-o - oun y-- o issionersin 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 of -the a ppro-val-o- t-heChaiige
of -Zone -QC )the resolution was signed, or w resat-t-e-spee#�-e -b --the _ Road _ of County
n4y
m . s i-o ? ocsby the date specified in tree resolution, the Department of Planning Services
shall schedule a public hearing before the Board may -re - of County Commissioners and
r ewues: the landowner to appear before and present evidence substantiating that the COZ
has not bean 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 a p"oval and deny the COZ. 4 car . det a o-ines h -a o dthons au-p-por-ting
�'. f� .'�� � �'° ; .�' c Y��,'4 J� �(? �� � �� � Gal -111O41 ¢'`p � r¢i,' ��i �,r"��i�+�.� � �, _� � `�a � �y �_. �L �" '`�1 i � Pic °�6.�d-�j .t`�,' revoke
- -`� �.' a h 4n i � � u 6 he C` e 7f�'P-Y 3 5� b he aB -i%�: �� 6 ia- aa' s {c e a 9 e ni g,
h Z
Remainder of Section — No change.
E IT FURTHE' ORDAINED by the Board that the Clerk t0 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.
z E IT FURTHER OR . A -.:I Lbw ED 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 sectins, subsections, paragraphs, sentences, clauses, or
phrases might br, declared t0 be unconstitutional or invalid.
PAGE 5
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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:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature:
Publication:
First Reading:
P ublication:
Second Reading:
P ublication:
Final Reading:
P ublication:
Effective:
March 26, 2022
Scott K. J
.01
mes, Chair
Mike Freeman, Pro -Tern
Perry L. Buck
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 th
May 27, 2022
Greeley Tribune
PAGF 6
2022-1143
R®2022®04
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