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Home My WebLink About20160063.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-27 Revised was introduced on first reading on May 2, 2016, and a public hearing and second reading was held on June 20, 2016. A public hearing and final reading was completed on July 18, 2016, 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.co.weld.co.us). 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@co.weld.co.us. ORDINANCE NO. 2015-27 Revised ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 1, 2016 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 22, 2016 PUBLISHED: July 27, 2016, in the Greeley Tribune 070/6, - 0v(3 Affidavit of Publication NOTICE OF FINAL READING OF ORDNANCE Pursuant to the Weld County Home Rute Chatter, Ordinance Number 2015-27 Revised was introduced -oh feet reading a$4,, May 2,2016, and a public hearing and second reading was held on June 20, 2016. A public hearing and final reading wasoom- ploted on July 18, 2016, with no change being made to the lext of said Ordinaries, and on motionduly 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 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 ac- cessed through the Weldunty Web Page (www.co.weld.co.us). E- ail 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'co.weld.co.us. ORDINANCE NO. 2015-27 Revised ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 1, 2016 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADODATED: July 22, 2016 The Tribune July 27, 2016 STATE OF COLORADO County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, SS. that the same is a daily 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 contained in the Twenty -Seventh day of July A.D. 2016 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Seventh day of July A.D. 2016 that said The Greeley Tribune 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. July 27, 2016 Tot. I C ' ar_es: $11.05 27th day of July 2016 My Commission Expires 2/14/2019 otary Public JERILYN L. MARTINEZ TINEZ NOTARY F (3LC STATE OF COs DRADO NOTARY 1O 200740u6708 " 8 t MY COMM:151ON a .1-.,..X.P1Pf.8 FEBRUARY 14 201P s, NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-27 Revised was introduced on first reading on May 2, 2016, and a public hearing and second reading was held on June 20, 2016, 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 July 18, 2016. 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) 336-7215, Extension 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.co.weld.co.us). 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@co.weld.co.us. ORDINANCE NO. 2015-27 Revised ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 18, 2016, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 24, 2016 PUBLISHED: June 29, 2016, in the Greeley Tribune Aot O26/. --O27 Affidavit of Publication WIVE OF WOOS .. OWE Pursuant to the Weld County Home Rule Chaffer, Ordinance Number 2015-27 Revised was introduced on first reading on May 2, 2016, and a public hearing and second reading was held on June 20, 2016, 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 0 Street, Greeley, Colo- rado 60631, on July 18, 2016. Alipersons in any manner inter- ested in the next reading of said Ordinance are requested to at- tend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a dis- ability, you require reasonable accommodations in order to par- ticipate in this hearing. Any backup material, exhibits or informa- tion 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, 11500 Street, Greeley, Colo- rado, between the hours of 8:00 a•m. and 5:00 p.m.,, Monday th- ugFriday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). &Mailmassages sent 10 an individ- ual Commissioner may not be included in the case file. To en- sure Inclusion of your E -Mail correspondence into the case tile, please fiend a: copy to egesickeco.weld.co.us. ORDINANCE NO. 2015-27 Revised ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE. INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE Of NEXT READING: July 18, 2016, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 24, 2016 The Tr June 2921116 STATE OF COLORADO County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, SS. that the same is a daily 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 contained in the Twenty -Ninth day of June A.D. 2016 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Ninth day of June A.D. 2016 that said The Greeley Tribune 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. June 29, 2016 Total Charges: $12.95 29th day of June 2016 My Commission Expires 2/14/2019 Nitary Public JERIL:YN L. MARTiNEZ NOTARY PUBLIC STATE OF COLORADO NOTARY i1) 2O674OO67+O8 MY .OOMMt3SION EXPFES FEERt ARY 14, 2019 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-27 REVISED published below, was introduced and , on motion duly made and seconded , approved upon first reading on May 23 , 2016 . 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 June 20 , 2016 . Ail persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard . Piease contact the Clerk to the Board ' s office at phone ( 970) 336-7215 , Extension 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. co . weld . co . us) . 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@co.weld . co. us . ORDINANCE NO . 2015-27 REVISED ORDINANCE TITLE : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING , OF THE WELD COUNTY CODE DATE OF NEXT READING : June 20 , 2016 , at 9 : 00 a . m . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO DATED : May 27 , 2016 PUBLISHED : June 1 , 2016 , in the Greeley Tribune ******� WELD COUNTY CODE ORDINANCE 2015 -27 ( REVISED ) IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND 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 o�/ �- � D � �- ` � aoi �-o? 7 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 certain existing Chapters of the Weld County Code be , and hereby are , repealed and re-enacted , with amendments , and the various Chapters are revised to read as follows . CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST Amend Sec . 21 -3-20 . Definitions . In addition to the terms defined in Section 21 - 1 -90 of this Code , the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have the meanings set forth as follows : Add Large Sca/e Solar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors , power generation facilities , facilities for storing and transforming energy , other appurtenant facilities and any transmission lines , which is developed for the purpose of supplying or distributing electrical energy to users , a customer or customers and will have a rated capacity greater than thirty ( 30) megawatts . This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use (s) on site . Power plant: Any electrical energy generating facility with a generating capacity of fifty (50) megawatts or more , and any facilities appurtenant thereto , or any expansion , extension or enlargement thereof increasing the existing design capacity by fifty (50) megawatts ; or a large scale solar facility . Remainder of Section — No change . CHAPTER 23 ZONING Amend Sec . 23-1 -90 . Definitions . For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section . The following specific words and phrases , when appearing in this Chapter in uppercase letters , shall have the meanings stated in this Section : Add Small Scale So/ar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors , power generation facilities , facilities for storing and transforming energy , other appurtenant facilities and any transmission lines under 115 kV , which is developed for the purpose of supplying or distributing electrical energy to users , a customer or customers and will be located on less than 20 acres . This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use (s) on site . Add Medium Sca/e SolarFacility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy coilectors , power generation facilities , facilities for storing and transforming energy , other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users , a customer or customers and is located on 20 acres or more . This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to suppiy power to the principle use (s) on site . Add Large Scale So/ar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors , power generation facilities , facilities for storing and transforming energy , other appurtenant facilities and any transmission lines , which is developed for the purpose of supplying or distributing electrical energy to users , a customer or customers and will have a rated capacity greater than thirty (30) megawatts . This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use (s) on site . Large Scale Solar Facilities are permitted in all zones through permits issued pursuant to the procedures found in Chapter 21 of this Code . POWER PLANT: Any electrical generating facility with an energy generation capacity less than fifty (50) megawatts , and any facilities appurtenant thereto , or any expansion , extension or enlargement thereof increasing the existing design capacity but still less than fifty ( 50) megawatts . Amend Sec . 23 -3-20 . Uses allowed by right. No BUILDING , STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected , structurally altered , enlarged or maintained in the A (Agricultural ) Zone District except for one ( 1 ) or more of the following USES . Land in the A (Agricultural ) Zone District is subject to the schedule of bulk requirements contained in Section 23-3-50 below. USES within the A (Agricultural ) Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. through BB . — No change . Amend Sec . 23-3-40 . Uses by special review. The following BUILDINGS , STRUCTURES and USES may be constructed , occupied , operated and maintained in the A (Agricultural ) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II , Division 4 of this Chapter. A . through KK . — No change . Add LL . SMALL SCALE SOLAR FACILITY. Add MM . MEDIUM SCALE SOLAR FACILITY . Amend Sec . 23 -3-310 . I -1 ( Industrial ) Zone District. A . through B . 14 . — No change . Add B . 15 . SMALL SCALE SOLAR FACILITY . C . through D . 10 . — No change . Add D . 11 . MEDIUM SCALE SOLAR FACILITY. Remainder of Section — No change . Amend Sec . 23 -3-320 . I -2 ( Industrial ) Zone District. A . through D . 17 . — No change . Add D . 18 . MEDIUM SCALE SOLAR FACILITY . Remainder of Section — No change . Amend Sec . 23 -3-330 . I -3 ( Industrial ) Zone District. A. through D . 19 . — No change . Add D . 20 . MEDIUM SCALE SOLAR FACILITY . Remainder of Section — No change . Add Section 23 -4-1030 Division 15 in its entirety : Division 15 Section 23 -4-1030. Solar Facility A . The Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a Special Review Permit for a Solar Facility in addition to those criteria enumerated in Chapter 23 , Article II , Division 4 and its impact on prime agricultural land which is defined as soils with agricultural capability classifications of I , II and III as indicated on maps completed by the U . S . D . A . Natural Resource Service . B . A Decommissioning Plan . Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan . C . Landscaping is extremely important for enhancing the quality of development in the area . Trees , shrubs and other plantings add greatly to the aesthetic appeal while reducing glare . As no single landscaping plan can be prescribed for all developments due to differing land features , topography and soils , these guidelines encourage flexible and creative landscape designs . Landscaping/screening shall include , at a minimum , decorative fencing , berming , and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent properties and rights-of-way . D . All reasonable alternatives to the proposed location have been adequately assessed , and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area . E . The nature and location or expansion of the facility will not unreasonably interfere with any irrigation systems on or adjacent to the solar facility . F . No outdoor storage of any materials and equipment including , but not limited to , solar panels and support structures not in aperation will be allowed . G . No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the boundary of ADJACENT properties , irrigation ditches and/or rights-of-way . The Board of County Commissioners may set a greater distance than mentioned above when , in its opinion , it is justified . H . A Property Maintenance Plan is required for the facility . The Property Maintenance Plan shall address dust , weeds and erosion . The property shall be maintained in such a manner as to control dust , weeds and drainage that could cause erosion . Amend Sec . 23 - 12-30 . Drainage policy. A . through E . — No change . F . Exceptions . 1 . Exceptions to stormwater detention shall not jeopardize the public health , safety , and welfare of public and private property . Exceptions shall be supported with an approved drainage narrative which must describe , at a minimum : • List which exception shown below is being requested for consideration . • Where the water originates if it flows onto the property from an offsite source . • Where it flows as it leaves the property . • The direction of flow across the property . • If there have been previous drainage problems with the property . Exceptions to the stormwater detention shall be limited to the following : a . No stormwater detention will be required for sites that meet any of the following conditions . Requirements of the Municipal Separate Storm Sewer System ( MS4) areas remain applicable . 1 ) though 14) — No change . Add 15) Concentrated Animal Feeding Operation (CAFO) , Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation ( HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations . Portions of the site not included or covered by the CDPS permit, shall comply with the Weld County Drainage Code requirements . 16) Approved by a variance . Amend Sec. 23-12-60 . Street drainage for Use by Special Review, Commercial , Industrial , Planned Unit Development and Residential subdivisions . A . Design Depth Criteria . 1 . The primary design objective is to keep the encroachment of stormwater on the street or road below an acceptable limit for a given flood return period . When stormwater collects on a street and flows down a gutter or swale , the stormwater encroaches into the roadway . If left unchecked , the encroachment will hinder traffic flow and may become hazardous . The maximum encroachment depth is outlined in the table below: €..�._...... '--_.._ . _.� . . __ . . . ._ ..._. . _..___.__ .. . . _._. . . .. .�, . .�_....�..�.._..��.. ......__ . Road Encroachment .� . . _. e _ �w _ . .� _� �.. _ �� _� m .� e _ ��.�...� mw � a�..�.� . _._.�._ . . _ __- _—.__---�� __._ _ ___ � � Minor �� Major ' � Road �- — � ` � Classification � Design Storm ' Max � Design Storm ; Max Encroachment over crown � �� ; ; Encroachment � ; , � - -- — - � _ , Local ;. 1 O yr E 6„ . _ . �. 100 yr � 18" � . .. . . ..W . � �� . . �_ . _ � .�� . . _ 9 .�� . _ _ � _ . _ .._ _ � �W..� . . . . . . Collector � 10 yr 6" i 100 yr 18" ' � � ��__ _ ________F__ ___ _. _ _, _ . _ _ _ _ _ _ .�__ - -. -- _ . _. _ _ � , _w— �_—t- � _____ � ��__ _ �_ _ _ _ _ ___�$ : Arterial [ 10 yr i 6° � 100 yr ; " ' , 3 ; _ .� _... . . . . . .��. . _ . _ .�__ ..__ __ . � ... _ ..._ --- —___ _� �.._ _ . � _�_ _M.___ r Remainder of Section — No change . Amend Sec . 23 -12-70 . Major drainage . A . Design Flows . 1 . The major drainage system must be able to convey the fully developed fiow from a watershed for the 1 -hour, 100-year event without significant damage to the system . B . Open Channel Design Principles . 1 . Grass-lined open channels conveying less than 50 cfs may reduce the minimum 1 . 0-foot freeboard requirement to the freeboard required to convey 1 . 33 times the 100-year design flow. The reduced freeboard may only occur if a 1 . 0-foot minimum freeboard is not physically possible and a variance request is submitted . Remainder of Section — No change . Amend Sec . 23 -12-80 . Culverts in Public Right-of-Way. A . Sizing . 1 . The Department of Public Works will be contacted to determine which types of storm sewer pipes are permissible for use in public rights-of-way or public drainage easements . 2 . Culverts should be designed to the following maximum headwater to depth HW/D requirements . Delete Table . Add Table. Ran e of Diameter or Hei ht or Rise Inches Maximum HW/D Less than 36 inches 2 . 0 36 inches to 60 inches 1 . 7 Lar er than 60 inches but less than 84 inches 1 . 5 84 inches to less than 120 inches 1 . 2 120 inches or lar er 1 . 0 Remainder of Section — No change . Amend Sec . 23-12-150 . Stormwater drainage criteria variances . The following variance procedures are intended to allow additional exceptions to the code explicitly listed in Section 23- 12-30 provided certain requirements are met . Subsection A below is intended to be a lower cost option which allows anyone to apply for a variance with or without stamped engineering documentation . Subsection B below is intended to be used when more detailed analysis and engineering support is required . A . through C . — No change . Add D . Variances required for maintenance or projects tying into the County road network shall be approved by the County Engineer. 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 Pursuant to ihe Weld County Home Rule Charter, Ordinance Number 2015-27 REVISED published below, was introduced and, on motion duly made and seconded, approved upon first reading on May 23, 2016. A public hearing and second reading is scheduied to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631 , on June 20, 2016. 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) 338-7215, Extension 4225, or fax (970) 33&7233, prior ro The day of the hearing 'rf, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or intormatlon previousiy 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 Buildin , 1750 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 Counry Web Page �www.co.weld.co.us). E-Mail messages sent to an individuaf Commissioner may not be includ- ed in the case file. To ensure inclusion of your E-Mail correspondence into the case fite, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2015-27 REVISED ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 20, 2016, at 9:00 a.m. . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 27, 2016 PUBLISHED: June 1 , 2016, in the Greeley Tribune «.«.. • WELD COUNTY CODE ORDINANCE 201527 . (REVISED) IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE BE IT ORDAINED 8Y THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: � WHEREAS, the Board of Counry Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authoriry of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of Counry Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2D00-1 , enacting a comprehensive Code for the Counry of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enaded bn or before said date of adoptlon, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFOFE, BE IT ORDAINED by the Board of Counry Commissioners of the County of Weld, State of Colorado, that certain e�cisting Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST Amend Sea 21 -3-20. Definitions. In addition to the terms defined in Section 21 -1 -90 of this Code, the following terms specific to the designation of site selection and construction of major facilities of a public utility shall be construed to have ihe meanings set forth as follows: Add Large Scale Solar Faciliry: A facility which is used for the production of electrical energy from energy crollected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and wdl have a rated capacity greater than thirty (30) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buiidings and designed to supply power to the principle use(s) on site. Power plant: Any elec[rical energy generating f8cility with a generating capacity of fifry (50) megawatts or more, and any facilities appurtenant thereta, or any expan sion, eMension or enlargement thereof increasing the exisdng design capaciry by fifty (50) megawatts; or a large scale solar faciliry. Remainder of Section - No change. CHAPTER 23 ZONING Amend Sec. 23-1 -90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: Add Small Scale Solar Facility: A faciliry which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generetion facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing elearical energy to users, a customer or customers and will be located on less than 20 acres. This designation shall not include roof and/or ground mounied solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. Add Medium Scale Solar Facility: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, . power generation facilitles, facilities for storin� and transforming energy, other appurtenant fecili[ies and any tranSmisslon lines under 115 kV; WhiCh is deVeloped for the purpose ot supplying or distributing electrical energy to users, a customer or customers and is located on 20 acres or more. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. Add Large Scale Solar Facility; A faciliry which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and iransforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer qr customers and will have a rated capacity greater than thirty (30) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power ro the principle use(s) on site. Large Scale Solar Facilities are permitted in all zones through permits issued pursuant to the procedures found in Chapter 21 of Mis Code. POWER PLANT: Any electrical generating faciiity with an ener�y generation capaciry less ihan fifty (50) megawatts, and any facilities appurtenant there[o, or any expansion, extension or enlargement thereof increasing the existing design capacity but still less than fifty (50) megawatts. Amentl Sec. 23-3-20. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall ,hereafter be erected, structurally aRered, enlarged or maintained in the A (Agricultural) Zone Dishict except for one (1 ) or more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule of bulk requlre- ments contained in Section 23-3-50 below. USES within the A (Agricultural) Zone District shall also be subject to additional requirements coMained in Articles IV and V of this Chapter. A. through BB. — No change. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and mafntained in the A (Agricultural) Zone DisVict upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. through KK. - No change. Add LL. SMALL SCALE SOLAR FACILITY. Add MM. MEDIUM SCALE SOLAR FACILITY. Amend Sec. 23-3-310. I-1 (Industrial) Zone District, A. through B.14. — No change. Add B.15. SMALL SCALE SOLAR FACILIN. � C. through D.10. - No change. Add D. 71 . MEDIUM SCALE SOLAR FACILITY. Remainder of Section - No change. Amend Sec. 23-3-320. I-2 pndustriaq Zone District. "�`�f : '. • ' �� : "W P.+�:: �@'M"�'r �i %.��`'�n�C *; * , �'a�;v , � � a �( e A. through D. 17. — No change. Add D.18. MEDIUM SCALE SOLAR FACILITY. Remainder of Section — No change. Amend Sec. 23-3-330. I-3 (Industrial) Zone District. A. through D. 19. — No change. Add D.20. MEDIUM SCALE SOLAR FACILITY. Remainder of Section - No change: Add Sectlon 23-4-1030 Division 15 in As a�rety: � Division 15 � Section 23-41030. Solar Faciliry � A. The Planning Commission and Board of County Commissioners shall consider the following criteria in making thely determination in aPproving or denying a Special Review Permit for a Soler Facility in addition to those criteria enumerated in Chapter 23, Article II, Division 4 and its impact on prime agricuRural land which is d�ned as soils with agricuttural capabiliry classifications of I, II and III as indicated on maps completed by the U.S.D.A. Natural Resource Service. B. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facilily may be required as a condition of approval of the Decommissioning Plan. C. Landscaping is extremely important for enhancing the quality of development in the area. Trees, shrubs and other plantings add greatly to the aesthetic appeal while reducing glare. As no single landscaping plan can be prescribed for all developments due to differing land features, Wpography and soils, these guidelines encourage flexible and creative landscape designs. Landscapin9/screening shall include, at a minimum, decorative fencing, berming, and/or vegetation such that the facility is aesthetically pleasing as viewed from adjacent properties and rightsof-way. D. All reasonable alternatives to the proposed location have beeq adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area. E. The'nature and location or expansion of the facility will not unreasonably interfere with any irrigation systems on or adjacent to the solar faciliry. . F. No outdoor stotage of any materials and equipment including, but not limited to, solar panels and support shuctures not in operation will be allowed. G. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the boundary of ADJACENT properties, irrigation ditches and/or rights-of-way. The Board of Counry Commissioners may set a greater distance than mentioned above when, in its opinion, it is jushfied. H. A Property Maintenance Plan is required for Me facility. The Property Maintenance Plan shall address dust, weeds and erosion. The property shall be maintained in suoh a manner as to control dust, weeds and drainage that could cause erosion. Amand Sec. 23-12-30. Drainage policy. A. through E. — No change. F. Exceptions. 1 . Exceptions to stormwater detention shall not jeopardize the public health, safety,_ and welfare of public and private property. F�cceptions shall be supported with an approved dreinage narrative which must describe, at a minimum: • List which exception shown below is being requested for consideration. • Where the water originates if it flows onto the property from an offsite source. • Where it flows as it leaves the property. • The direction of flow across the property. • If there have been previous drainage problems with the properry. Exceptions to the stormwater detention shall be limited to the following: a. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. , 1 ) though 14) - No change. Add 15) Concentrated Animal Feediny Operation (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operation (HCSFO) which are covered and approved by the Colorado Discharge Permit System (CDPS) regulatio�s. Portions of the site not included or covered by the CDPS permit, shall cromply with the Weld County Drainage Code requirements. 16) Approved by a variance. Amend Sec. 23-12-60. Street drainage for Use by Special Review, Commercial, Industrial, Planned Unit Development and Residential subdivisions. A. Design Depth Criteria. 1 . The primary design objective is to keep the encroachment ot stormwater on the street or road below an acceptable limit for a given flood return period. When stormwater collects on a sVeet and flows down a gutter or swale, the stormwater encroaches inro the roadway. If left unchecked, the enaoachment will hinder traffic flow and may become hazardous. The maximum encroachment depth is outlined in the table below: Road Encroachment Road Ciassification Minor Ma'or Desi n Storm Mex Encroachment Desi n Storm Max Encroachmerit over crown Local 10 r. 6" 100 r 18" Collector 10 r. 6" 100 r 18" Arterial 10 r. 6" 100 r 18" Remainder of Section — No change. , Amend Sec. 23-12-70. Major drainage. ' A. Design Flaws: 1 . The major drainage system must be able to convey the fulty developed flow from a wetershed for the 1-hour, 100-year event without signHicant damage to the system. B. Open Channel qesign Principles. 7 . Grass-lined open channels conveying less than 50 cfs may reduce the minimum 1 .0-Toot freeboard requirement to the freebbard required to convey 1 .33 tlmes the 100-year design flow. The reduced freeboard may only occur if a 1 .0-foot minimum freeboard is not physicalty possible and a variance request is submitted. Remainder of Section - No change. Amend Sec. 23-12-80. Culverts in Public RightoT-Way. , . A. Sizing. 1 . The Department of Public Works will be contacted to determine which types of storm sewer pipes are permissible for use in public rights-of-way or public drainage easements. 2. Culverts shouid be designed to the following maximum headwater to depth HW/D requirements. ' Delete 7able. Add Table. , Ran e of Diameter or Hei ht or Rise Inches Maximum HW/D Less than 36 inches 2A 36 inches to 60 inches 1 .7 Lar er than 60 inches but less than 84 inches 1 .5 64 inc s to less than 720 inches 12 120 inches or lar er 1 .0 Remainder of Section — No change. Amend Sec. 23-12-150. Stormwater drainage criteria variances. The following variance procedures are intended to allow additional exceptions to the code explicitry listed in Sectlon 23-12-30 provided certain requirements are met. Subsection A below is intended to be a lower crost option which allows anyone to apply for a variance with or without stamped engineering documenta8on. SubsecUon B below is intended to be used when more detailed analysis and engineering support is required. A. through C. - No change: Add D. Variances required for maintenance or projecis rying into the County road network shall be approved by the County Engineer. BE IT FURTHER OROAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange tor Municode to supplement the Weld County COde with Me amendments contained herein, to coincide with chapters, articles, divisions, seclions, and subsections as they currently extst withm said Code; and to resolve any i�onsistencies regarding c9p(talization, grammar, arW numbering or piacement of chapters, articles, divisions, secNons, and subsections in said COde. BE IT FURTHER ORDAINED by the Board, if any seciion, subsection, paragraph, sentence, clause, or phrese of this Ordinance is for any reason held or decided to be unconstitutionai, such decision shall not affect the validity of the remaming pordons 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 sectlons, subsectlons, paragraphs, sentences, clauses, or phrases might be, declared to be unconstitutional or invalid. The Tribune June 1 , 2076 I 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 May 23, 2016, and June 20, 2016. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 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@co.weld.co.us. 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) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, 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. DOCKET#: 2015-122 REVISED PLANNING COMMISSION DATE: April 19, 2016 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: May 2, 2016 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2015-27 REVISED PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 21 AREAS AND ACTIVITIES OF STATE INTEREST AND CHAPTER 23 ZONING, OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO DATED: March 25, 2016 PUBLISHED: March 30, 2016, in the Greeley Tribune o�lj/� - Od��, �oe�oi.��7�'�� Aftidavit of Publication STA"i E OE COLOR.ADO SS. I County of Weld, T, Kelly Ash of said County of Weld, being duly sworn, say that 1 am an advertising clerk of TNE CREELF.Y'TRIBUNE, NOTICE Pursuant te ma ra��ny�aws at tno 5tate ot Ca�orado a�a tne that ille same 1� a daily newspaper of general Weld County Go�e,a puWic heari�wil!ba held before the Weld circulation and printed and published in the City of County Planning Commisaion a�d the Board of County Commis- s�o�e�s m tne Hearing Room,Wefd County Atlm�nishation Greeley, in said county and state; that the notice or Bwlding, 175Q O Sireet,Greeley.Colorado.at the times speci- fied below. A Second and Third reatling ot said Ordrnance wilt advertisement,of which the annexed is a true copy, be considered on May 23,2076.and June 20,2016. The completo case 61e may be examined by�an�n9�ne aePan- has been published in said daily newspaper for ment ot Planning Servrces at(9701 353-fit00 to make arra�ge� ments wlth ihQ case pianner.or at the ofllce ot the Gierk fo the consecutive(days): that the notice was published in Boa�tl of CountY Commissioners.Wa�d Count Adm�rostratwn Bul�ding, t 150 O Sheet.Greeley.Colorado so�3� e-nnea m�S� the regular and entire issue of every number of said sages sent to an indiv�dual Commissioner may not be include0 m the case fiie.To ensure incius�on of your E-Mad conespondenre newspaper during the period and time of into tha case filepr ior ta!he Planning Commission hsaring, pleeae cell the Department o1 Planning Serv�cea to obtain publication of said notice, and in ille newspaper the eppropriate contact info�mation.For fncluslon of any torreapondence prior to She Board o1 Commissio�ers haar- p�Oper 8I1(� IIOI in a supplement thereof; that the ing E-mai!egealck�co.weld.to.us. f1fSI ublication of said notice was contained in the If a court reponer�s tlesued lor either heann please advise the p DepaAment ot Planniny�seN��o�me ci��co me aos�a s or- Thirtieth da of March A.D. 2016 and the last fice in wrdi�9,at ieast rve da s prior to Me heanng. The cost ol ..-- y zngag�ag a couA reporter Shar ea co��e oY me��Ugs:��9 Pem,. ublication thereof: in the issue of said news d ef in accortlance with the Amenca�s with DisaGilities Aq rt special P p P accommodations are required m order fo�you to participate in bearing the date of the this heanng.please coMacf the Department oi Plannmg Semc- es at f970)353 6100 Ext.3518.or Ihe Clerk to the Board's Ot- TIIIRIe[Il _d3Y Of M8iCI1 A.D. ZU I b that said The fice at(970)336�72t5.Ext.4226,pnor to the day ot the hearing — All cases scheduled betor¢Me Ptanning Commiss�on or Bpard ot Greeley Tribunc �S been published continuously County Cammissioners are subject to continuance,due to lack ot yuorum or otherwise Contact the Depanment ot Planning Ser- ari(�ullintCCTllptedly dutlri�'ftle pCTIdC�Of 3t �e3St SIx vices or the Clerk to the Board's Ottice at the numbers above,for hear�ng co�tmuance intormation months rl�Xt prior t0 Lt16 f1rSI i5SLLC thereof DOCKET N:20i5-i22 REVISED PLANNING COMMISSION�ATE:Apnl 19,2016 contained ti31� notice OT advertisement above 8 ARD OF COMMtSSIONERS DATE:May 2,20t6 referred to; that said newspaper has been admitted TIME: 9�00 a m. CASE NUMBER: ORDINANCE 207y-27 qEYISEO IO tfle United States mails as second-class matter RE�U STE�IN THE'CMATTER OF REPEAUNG AND fiEEN� U11(�8f II1P.�iOV1tilOIIti OC�tl�AC�Of M81'CIl 3,1 g79�Of ACT�V TI S'OF SMTATE NTERE5T AND CHAP ERE23 ZON- any amendments thereof; and that said newspaper PL,G NING CQMM SS ONNTM�D� is a daily newspaper duly qualified for publishing WELD COUNTY,COLORADO le al notices and advertisements within the DATED:Merch 25.2U t 6 � rne r,;e,,,� meaning of the laws af the State of Colorado. March 30.2016 March 30,2016 Total Char es: $16.28 � 30th _day of March?U 16 My Commission Expires 6/14l2017 ---_ _ --.._. ... .__.__ __.. Notary Public ; � i RO6ERT LIITLE ; NOTARY PUBUC STATE OF COLORADO NO7ARY ID 2001401849C MY COMMISSION E?(PIRES JUNE 14,2017 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-27 published below, was introduced and, on motion duly made and seconded, approved upon first reading on December 21, 2015. 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 25, 2016. 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) 336-7215, Extension 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.co.weld.co.us). 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@co.weld.co.us. ORDINANCE NO. 2015-27 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDEMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: January 25, 2016, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 31, 2015 PUBLISHED: January 5, 2016, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2015-27 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 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, 2016-0063 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 certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING Amend Sec. 23-1-90. Definitions. For the purposes of this Chapter, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: ACCESSORY BUILDING or USE to SIGN, FLUSH WALL— No change. Add SOLAR FARMS (also known as solar parks, solar fields or solar gardens) are photovoltaic panels (PV) designed for the supply of inerchant power into the electricity grid. Remainder of section — No change. Amend Sec. 23-3-40. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the A (Agricultural) Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. through R. — No change. S. Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special Review in the COMMERCIAL or industrial zone districts, except a SOLAR FARM, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop. T. through KK. — No change. Amend Sec. 23-3-320. I-2 (Industrial) Zone District. A. through D.17. — No change. Add 18. 18. SOLAR FARM. Remainder of Section — No change. Amend Sec. 23-3-330. I-3 (Industrial) Zone District. A. through D.19. — No change. Add 20. 20. SOLAR FARM. Remainder of Section — No change. Amend Sec. 23-12-30. Drainage policy. A. through F.14) — No change. Add F.1.a.15). 15) Concentrated Animal Feeding Operations (CAFO), Animal Feeding Operations (AFO) and Housed Commercial Swine Feeding Operations (HCSFO)which are covered and approved by the Colorado Discharge Permit System (CDPS) regulations. Portions of the site not included or covered by the CDPS permit, shall comply with the Weld County Drainage Code requirements. 16) Approved by a variance. 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. ��f ts�3,'��iT of f'uhlic.sircon wC9TI��f7F Fli�sT E��ALIII�'��1F t}�C3#�l�41��' �_ :.'C�^;.ci I �i�111L;M "J�'h)i:;, d +;.:�k _ ...t'C.I,73;�1 . e�; t.,Viaa��3'L }�{Sd��iSE')...xi�(S�:t �� J ll�,kw'l.l�'�l,/k.x?��i��_�� .,.::� r ti n�rrr t n.e a alvr 3c1 1 :. {S {rr;= rf.�},u,i?f� i t '� t, .t'�.n . 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Yie�:It,ry�[»rr?�tl��?� rxisi f t...��f�t r €r� .� in$. �C �i I4ira�a r it Jr�a i4 s.r�t ��i ��> > an� nt��is� e, . .=ikr„'Err �,�it<s.�.i{dr+t, x�C�a �I�.r,�r-�s;f _c. ..n�s. ..d. .ht.��ti�i .,. .., ., dJ�3- S�L i'�F ih HY I�t :try t �.I.S 3 t Ia . , .. .... .... . . .__..._ . y i��(tir �U?rn; ,C a.�y1{tP :!I (=.; Y) �y . ;A.t�k_!�t�i o5C Ini4u(.i�N ,.� �a us�:if �..t...z�>iri,C es:isl�,.k� �+, ,3k � .61��k�raj!nt?:n . . i�(1Ci1;4 f�Fn,�(l,' I„rs5av �.,t�°�Jli __t7I�::.��a�i,t�z'G�N [ ��.��=;i,7f,c�i3..�i.inro±,�rr, �kY.(.-�, �;et'qfy� ' r;i �a y!� �, �r� j t d r 2i -t t�;.�s � � !n s ii n r t t 7 y�+vE e s„- ._ �,�„ (u�' 5� f i �.Gia,�� r ::e r �t 4�a �r�.7�°t i 9 al :�� I,Ma rst I 1 4 t( i�f � ��.��.� vF,. r ,^�I-n � n5 f�•v.9'�Y - .xr,� ._ , ��.+ .nia:ris,r ,�f.P .x4.i =d �y p�yyp�I,{y J t:Z3 ri! 15�f�� .<i� P .3'f�)t=. �+..AT(tif"V.1 3�Vi}L�� rP��?��,Ur;,�, �"E�tTF C..7F�C5Lt7�.At3tJ .nu�,.��'- �J�� i".Pt7TAF�Y IC12C�J9-0�'13454 NtY C(?t�Sk4I�SiC'YN EXPIR,�5.IkJNc ia,�O t T r-.,. � ._. — _ __ . �....._ �._ . _ 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 January 4, 2016, and January 25, 2016. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 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-maii egesick@co.weld.co.us. 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) 353-6100 Ext. 3519, or the Clerk to the Board's Office at (970) 336-7215, Ext. 4226, 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. DOCKET#: 2015-122 PLANNING COMMISSION DATE: November 17, 2015 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: December 14, 2015 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2015-27 PRESENTED BY: MICHELLE MARTIN REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE PLANNING COMMISSION WELD COUNTY, COLORADO DATED: October 29, 2015 PUBLISHED: November 3, 2015, in the Greeley Tribune Aff�i�vit of('uL�lic��tivn STA'i��:UF`COLORA(:)C� SS. CounCy of Weld. I Dian�McCoiake� � �f�saitl C'ount}' of V4'elci, beine� duly sworn, say t�f�iat I am an ativertisin�*cl�rk c�i� TFfF GRF.F.LFY TRtBIING, that the s�m� is �a daily ne��•spaper of gen�rEzl � � circulation tind priniecl �nd pub(ishetl in tM� City ot ��a�� C��reeley, in said county and state; that the notice or i st�� r .,,�� 3�3� �� .��Ea�„<>[r � z.f�imc � 1C�V�I'li5�t71O111, Of Vd�1IG�l ffle i�ill1CXeC� 1S Fl U"Uf:COpy', dlr 7 r�G,�r �L t�, a R �- �ia y+�r U�h �s>> e k t r-i: «�y 4�tt i ��.cmnz t� asi f irie E3 ard s oir t4� r t=s- 118S �)Cf;il �UC7�IS�iCC� IIl Sc11C) (�ill�y 11CLV5}1i7�1e1' f�OC ia�rSu u^Hv3ii»y§1> it�dEt �Ct�tyf+4tYi��irt„�[ , �r� it �-y�j ,,,�F, {�,}qrat�s 7tt�� t�ti�.,,pe*^4- CQt]SeClitlV@{(,�ay5�: Ch�1I t�lE 11O11Cf;W4IS pllb�I5f14tj Itl ir� F r.�r t n 1 h%�1 sa1 r Q ttf a r3`J� o�Et[tce^m�il � �r� S+ + t�-1i� a 1 Fa4k� �3i1J:'�t r J+C l�lE', fC.Y�lI�<if EU1C�Ctltlff.' 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L. MAR7IN�Z NC?TARY PU6LIC Sl'A7E OF COIQRADC) Nt7TAF2Y ID 2007A4(i6i48 MY C0NthiiS$I0N EXAIRE5 FE$RUARY 1#.2d1$ �......_.._ _.A... �_ ,�.. _. ,�_ _._.,.�..�. ____ Hello