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Home My WebLink About20151953.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-1 was introduced on first reading on July 6, 2015, and a public hearing and second reading was held on July 27, 2015. A public hearing and final reading was completed on August 17, 2015, 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. 2015-1 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE EFFECTIVE DATE: August 31, 2015 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 21, 2015 PUBLISHED: August 26, 2015, in the Greeley Tribune 4'D/5- /y53 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kiara K. Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, 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 NOTICE OF advertisement, of which the annexed is a true copy, FINAL READING OF ORDINANCE has been published in said daily newspaper for Pursuant to the Weld County Home Rule Charter,Ordinance consecutive(days): that the notice was published in Number blic -1 was introduced secon n firs r was g d Jnly 2015, the regular and entire issue of every number of said and a public hearing and second reading was held on July 27, g 2015. A public hearing and final reading was completed on Au- gustnewspaperperiodof 17,2015,with no change being made to the text of said Or- during dinance,and on motion duly made and seconded,was adopted. publication of said notice, and in the newspaper Effective date of said Ordinance is listed below. Any backup material,exhibits or information previously submitted to the proper and not in a supplement thereof; that the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Com- first publication of said notice was contained in the missioners,located within the Weld County Administration Building,1150 O Street,Greeley,Colorado,between the hours Twenty-sixth day of August A.D. 2015 and the last of 8:00 a.m.and 5:00 p.m.,Monday thru Friday,or may be ac- cessed through the Weld County Web Page publication thereof: in the issue of said newspaper (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure bearing the date of the inclusion of your E-Mail correspondence into the case file,please send a copytoegesick@co.weld.co.us. Twenty-sixth day of August A.D. 2015 that said ORDINANCE NO. 2015-1 The Greeley Tribune has been published ORDINANCE TITLE: REENACT NG,WITH AMENDMENTS,CHAPTER 23 ZONING, continuously and uninterruptedly during the period OF THE WELD EFFECTIVE COUNTY DATE: Augu CODE 31, °1 2015 of at least six months next prior to the first issue BOARD OF COUNTY COMMISSIONERS , thereof contained said notice or advertisement DATED: August ' 1,COLORADO 1 above referred to; that said newspaper has been The Tribune admitted to the United States mails as second-class August 26,2015 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. August 26,2015 Total Charges: $7.83 tlakcJC:_nautti-- 26th day of August 2015 My Commission Expires 6/14/17 Notary Public ti ROBERT LITTLE ti NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 ti MY COMMISSION EXPIRES JUNE 14,2017 S NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015- 1 was introduced on first reading on July 6 , 2015 , and a public hearing and second reading was held on July 27 , 2015 , 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 August 17 , 2015 . 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- 1 ORDINANCE TITLE : IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 23 ZONING , OF THE WELD COUNTY CODE DATE OF NEXT READING : August 17 , 2015 , at 9 : 00 a . m . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO DATED : July 31 , 2015 PUBLISHED : August 5 , 2015 , in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE NUMBER 2015 - 1 ON SECOND READING Amend Sec . 23 -2 -520 . Drawing requirements for PIPELINE maps , to read as follows : 1 . Be submitted on a sheet twenty-four (24) inches by thirty-six ( 36) inches in size . 2 . Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services . 3 . Include a vicinity map at a suitable scale ( 1 " = 2000 ' minimum or as approved by the Department of Planning Services ) which displays the location of the route within the County and its relationship to towns , major water features and major transportation features . &O/ 5 /9S3 4 . Include a detailed route map showing the approved route through the County . The approved route shall be displayed on a 1 : 24 , 000 scale U . S . G . S . topographic quadrangle , or other approved topographic study that may be more accurate . The map shall display the centerline of the approved route and all of the features depicted on the U . S . G . S . topographic quadrangle within one ( 1 ) mile on each side of the approved route . The base map shall be updated to include any significant man- made features within one half (0 . 5) mile on each side of the approved route . 5 . Legend . 6 . Development standards . 7 . The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE owner' s signature , Planning Commission , and the Board of County Commissioners and the Clerk to the Board . The required content of the certificates is available from the Department of Planning Services . 8 . Title , scale and north arrow. 9 . For each parcel that the pipeline crosses include : ( 1 ) Property owner name ; (2) Parcel Number; ( 3) Quarter Section and Section , Township and Range ; and (4 ) Reception Number for the Easement/Rights-of-Way . Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kiara K.Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of NOTICE OF SECOND READING OF ORDINANCE THE GREELEY TRIBUNE, Pursuant to the Weld County Home Rule Charter,Ordinance Number 2015-1 was introduced on first readmit on July 6.2015. and a public hearing and second reading was held on July 27, 2015,with changes being made as listed below. A public hear- that the same is a daily newspaper of general mg and third reading is scheduled to be held in the Chambers of the Board,located within the Weld County Administration Build- ing,1150 O Street,Greeley,Colorado 80631,on August 17. Greeley, in said county and state; that the notice or 2015. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. advertisement, of which the annexed is a true copy, Please contact the Clerk to the Board's Office at phone(970) 336-7215,Extension 4225,or fax(970)336-7233,prior to the has been published in said daily newspaper for day of the hearing if,as a result of a disability,you require ma- sonable accommodations in order to participate in this hearing. consecutive(days): that the notice was published in Arty backup material exhibits or information previously submit- ted to the Board of County Commissioners concerning this mat- the regular and entire issue of every number of said ter may be examined in the office of the Clerk to the Board of County Commissioners,located within the Weld County Adrnin- newspaper during the period and time of istratian 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 publication of said notice, and in the newspaper accessed through the Weld County Web Page iwww,co.wetd.ce.us) E-Mail messages sent to an individual proper and not in a supplement thereof; that the Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file,please first publication of said notice was contained in the send a copy to egesickco.weld.co.us Fifth day of August A.D. 2015 and the last ORDINANCE NO. 2015.1 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND publication thereof in the issue of said newspaper REENACTING.WITH AMENDMENTS.CHAPTER 23 ZONING,.OF THE WELD COUNTY CODE bearing the date of the DATE OF NEXT READING August 17,2015,al 9:00 am. Fifth day of August A.D. 201.5 that said The BOARD OF WELD COUNTY,COUOLQRRADo COMMISSIONERS Greeley Tribune has been published continuously DATED' July31.2015 and uninterruptedly during the period of at least six PUBLISHED: August 5,2015,in the Greeley Tribune CHANGES MADE TO'CODE ORDINANCE NUMBER 2015-1 months next prior to the first issue thereof ON SECOND READING contained said notice or advertisement above Amend See,23.2-520, Drawing requirements for PIPELINE referred to; that said newspaper has been admitted maps,to reactas follows•:.. 1 Be submitted on a sheet twenty-lour(24)inches by thirty-six to the United States mails as second-class matter (36)inches in size. under the provisions of the Act of March 3, 1879, Be drafted in black drawing ink on Mylar or Other drafting me- dia approved by the Director et Planning Services. or any amendments thereof; and that said 3.Include a vicinity map at a suitable scale(1 2000'minimum newspaper is a daily newspaper duly qualified for or as approved by the Department of Planning Services)which publishing legal notices and advertisements within displays the location of the route within the County and its.rela- tionship to towns,major water features and major transportation the meaning of the laws of the State of Colorado. features. 4.Inciude a detailed route map showing the approved route through the Countyy. The approved route shall be displayed on a August 5, 2015 1.24,000 scale U.S.G.S.topographic quadrangle,or other ap- proved topographic study that may be more accurate.The map shall display the centerline of the approved route and all of the features depicted on the U.S.G.S.topographic quadrangle with- Total Charges: $19.3 I in one(f)mite on each side of the approved route. The base map shall be updated to include any significant man-made fea- tures within one half(0.5)mile on each side of the approved route, 5.Legend. 7 The Use se byntptcial Review 7 The Use'by SpeciatReview Permit Plan Map shall include cer- tificates for the PIPELINE owners signature,Planning Commis- sion.and the Board of County Commissioners and the Clerk to 5th day of August 2015 the Board. The required content of the certificates is available from the Department of Planning Services. B.Title.scale and north arrow, r My Commission Expires 6/14/17 9.For each parcel that the pipeline crosses include. (1)Proper- ty owner name:(2)Parcel Number (3)Quarter Section and Sec, lion,Township and Range.and(4)Reception Number for the Easement/Rights-of-Way itre Tribune August 5,2015 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 200140)8494 MY COMMISSION EXPIRES JUNE 14.20(17 3 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2015-1 published below, was introduced and, on motion duly made and seconded, approved upon first reading on July 6, 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 July 27, 2015. 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. 2015-1 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE DATE OF NEXT READING: July 27, 2015, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 10, 2015 PUBLISHED: July 15, 2015, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2015-1 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, 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. (2045=n s3 awim 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: MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, domestic water storage facilities, POWER PLANTS, SUBSTATIONS of electrical utilities, wastewater treatment facilities, water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water, and wastewater including extension, expansions or enlargements thereof. PIPELINE: Any PIPELINE and appurtenant facilities designed for, or capable of, transporting natural gas or other petroleum derivatives ten (10) inches in diameter or larger and creates a hoop stress of twenty percent (20%) or more at their specified minimum yield strength. Amend Sec. 23-2-370. Application requirements. An adequate number of copies of the application for a Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A through D.13. — No change. 14. Additional information required for TRANSMISSION LINES: Remainder of section — No change. Amend Sec. 23-2-390. Drawing requirements for utility line plan maps. A. The general drawing requirements for Utility Line Plan Maps for electric TRANSMISSION LINES are as follows: 1. A utility line plan map shall be submitted in two (2) stages: Remainder of section — No change. Add Division 6 in its entirety: DIVISION 6 Use by Special Review Permits for PIPELINES Sec. 23-2-440. Applicability. A. Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein and for applicable USES from any zone district, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. The Board of County Commissioners may approve the establishment of a Use by Special Review for PIPELINES by granting a Use by Special Review Permit. All requests for Use by Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission's recommendation shall be forwarded to, and considered by, the Board of County Commissioners. C. Any person filing an application for a Use by Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special Review shall be treated as a new USE and shall require a new application under the provisions of this Division. D. Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. E. Applications for Use by Special Review Permits shall be completed as set forth in Section 23-2-500. The complete application and application fees shall be submitted to the Department of Planning Services. F. The applicant shall submit one (1) paper or electronic copy of the map for preliminary approval to the Department of Planning Services. Upon approval of the paper copy, the applicant shall submit a Mylar map, along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-520 of this Article. The Mylar map and additional requirements shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner/applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). Sec. 23-2-450. Relationship of regulations to other requirements. Nothing in this Division shall be construed as exempting an applicant from any state or federal laws or regulations. Sec. 23-2-460. Prohibition of construction without permit. No person may locate or construct a PIPELINE in the County without first obtaining a Use by Special Review Permit pursuant to these regulations and no Building Permit for a PIPELINE shall be approved without the applicant first obtaining approval of a Use by Special Review Permit pursuant to these regulations. Sec. 23-2-470. Duties of Department of Planning Services. A. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1. Refer the application to the following agencies, when applicable, for review and comment. The agencies named shall respond within twenty-eight (28) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Use by Special Review Permit rests with the Board of County Commissioners. a. The planning commission of any town or county whose boundaries are within three (3) miles of the proposed site or if the proposed site is located within any town's comprehensive planning area. b. Department of Public Health and Environment. c. Department of Public Works. d. Colorado Geological Survey. e. Colorado Department of Transportation. f. U.S. Forest Service. g. Any irrigation ditch company with facilities within the Right-of-way or crossed by the pipeline under consideration. h. Utility companies with underground lines which might be affected by the DEVELOPMENT. i. Special service districts which may provide service to the DEVELOPMENT. j. State Engineer, Division of Water Resources. k. Natural Resource Conservation Service. I. Any other agencies or individuals whose review the Department of Planning Services deems necessary. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted master plans of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date. The Board of County Commissioners public hearing may also be set and be given legal notice and posting, concurrent with setting of the Planning Commission hearing date and in accordance with Section 23- 2-470.B.5 or Section 23-2-470.B.6. 4. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5. For pipeline projects one (1) mile or less, notice of application shall be given for surface property owners for five hundred (500) feet on either side of the centerline of the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or development which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. 6. Applicants for a PIPELINE which is more than one (1) mile in length shall advertise the hearing at least once in the newspaper designated by the Board of County Commissioners for publication of notices a minimum of ten (10) days prior to the Planning Commission hearing date. The advertisement shall contain a map displaying the proposed route, along with both the Planning Commission and the Board of County Commissioners hearing dates, a description of the hearing, time, date and location. 7. Prepare staff comments and recommendations for presentation at the Board of County Commissioners hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from referral agencies. Sec. 23-2-480. Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Use by Special Review Permit. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall approve the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the standards and conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate: 1. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. 2. The PIPELINE will not have an undue adverse effect on existing and future development of the surrounding area, as set forth in applicable MASTER PLANS. 3. The design of the proposed PIPELINE mitigates negative impacts on the surrounding area to the greatest extent feasible. 4. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS. 5. The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE. 6. All reasonable alternatives to the proposal 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. 7. The nature and location or expansion of the PIPELINE will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. 8. No adverse impact, from stormwater runoff, to the public rights of way and/or surrounding properties as a result of the PIPELINE. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Sec. 23-2-490. Duties of Board of County Commissioners. The Use by Special Review Permit duties of the Board of County Commissioners for a PIPELINE are limited according to the provisions of Section 30-28-110, C.R.S., and the Home Rule Charter. Sec. 23-2-500. Application for Use by Special Review Permit. Any person seeking to locate and construct a PIPELINE in the County shall apply for a Use by Special Review Permit on the forms provided by the Department of Planning Services. The application forms shall be accompanied by the supporting documents required by these regulations. Sec. 23-2-510. Application requirements. An adequate number of copies of the application for a Use by Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Use by Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A. The applicant's name and telephone number. B. Address of the applicant and general OFFICE. C. Summary statement of the project, to include when applicable: 1. Source, capacity, size, destination and type of facilities, support STRUCTURES, lines, etc., involved. 2. A detailed report shall be submitted which includes information on the following items: a. A description of the PIPELINE. b. A description of the preferred route or site and reasons for its selection. c. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. e. Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. f. A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general PUBLIC. g. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. h. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. i. A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. j. A Decommissioning Plan. k. A description of any haul routes during construction, identifying the roads and bridges involved and the weight of the loads. I. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. Sec. 23-2-520. Drawing requirements for PIPELINE maps. A. The general drawing requirements for PIPELINES are as follows: 1. Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size. 2. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services. 3. Include a vicinity map at a suitable scale (1" = 2000' minimum or as approved by the Department of Planning Services) which displays the location of the route within the County and its relationship to towns, major water features and major transportation features. 4. Include a detailed route map showing the approved route through the County. The approved route shall be displayed on a 1:24,000 scale U.S.G.S. topographic quadrangle, or other approved topographic study that may be more accurate. The map shall display the centerline of the approved route and all of the features depicted on the U.S.G.S. topographic quadrangle within one (1) mile on each side of the approved route. The base map shall be updated to include any significant new man-made features within one (1) mile on each side of the approved route. B. Legend. A legend shall be included consisting of the following items: 1. Development standards governing the location, design, construction and operation of the proposed pipeline. 2. The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE owner's signature, Planning Commission, and the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. 3. Title, scale and north arrow. 4. For each parcel that the pipeline crosses include: (1) Property owner name; (2) Parcel Number; (3) Legal Description; and (4) Reception Number for the Easement/Rights-of-Way. Sec. 23-2-530. Standards. The Board of County Commissioners may approve an application for construction or expansion of a PIPELINE only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards: A. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. B. The PIPELINE will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable MASTER PLANS. C. The design of the proposed PIPELINE mitigates negative impacts on the surrounding area to the greatest extent feasible. D. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS. E. The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will be protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE. F. All reasonable alternatives to the proposal 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. G. The nature and location or expansion of the PIPELINE will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. H. No adverse impact, from stormwater runoff, to the public rights-of-way and/or surrounding properties as a result of the PIPELINE. Sec. 23-2-540. Changes to Use by Special Review Permit. Any approved Use by Special Review Permit for a PIPELINE shall be limited to the items shown on the Use by Special Review Plan Map and governed by the DEVELOPMENT STANDARDS. Major changes from the approved Use by Special Review Map or DEVELOPMENT STANDARDS for the Use by Special Review Permit for a PIPELINE shall require the approval of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the map or DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Use by Special Review Permit. 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 JJ — No change. Add KK. PIPELINE. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing 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 Kiara K. Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, 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 Sixteenth day of July A.D. 2015 and the last publication thereof: in the issue of said newspaper bearing the date of the Sixteenth day of July A.D. 2015 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 l6, 2015 Total Charges: $151.20 .16 akCUIN 16th day of July 2015 My Commission Expires 6/14/17 ,K441 Notary Public r�.rp RORERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14,2017 NOTICE OF Sec.23-2-470.Duties of Department of Planning Services. Iles,etc.,involved. FIRST READING OF ORDINANCE A.Any person wanting to apply for a Use by Special Review shall arrange for a pre- . conference shall with hrthe Department for t of Planning ainingllServices.The Department of 2.A detailed report shall be submitted which Includes information on the following to the County Home Rule Ordinance Number 201 5-7 pub- Planning g applications for a PIPELINE Items: Pursuantfished below,was Weld C introduced and on motion Charter,r and seconded,approved in the unincorporated area of the County.The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to a.A description of the PIPELINE.upon first reading on July 6,2015,A public hearing and second reading Is ached- used to be held in the Chambers of the Board,located within the Weld County Initiating any official action as listed below. Administration Building,1150 O Street,Greeley,CWOrado 80631,on July 27,2 20015. b A description of the preferred route or site and reasons for its selection. All persons in any manner interested in the reading of said Ordinance are 27,requested B.Upon determination that a submitted application Is complete,the staff of the to attend and may be heard.Please contact the Clerk to the Board's office at hoe Department of Planning Services shall: c. Procedures to be employed in mitigating any adverse impacts of the Eroutes or sites. g g P proposed (970)336-7215,Extension 4225,or fax(970)336-7233,prior to the day of the hear- 1. Refer the application to the following agencies,when applicable,for review and ing H,as the result of a disability,you require reasonable accommodations in order comment.The agencies named shall respond within twenty-eight(26)days after the d. An outline of the planned construction,Including startup and commissioning sched- to submitted the h�hearing.Any backup ack p m terra coots exhibits r Information n pre be in mailing of the application by the COUNTY.The failure of any agency to respond with- ule,to include the number of stages and timing of ach. examined to Boar C Clerk to Board of County ng Commissioners,ma ers,located in twenty-eight(28)days may be deemed to be a favorable response to the Planning within the in the County ofthe Clethe a C 0 StCot Greeley,lone Colorado, Commission.The reviews and comments solicited by the COUNTY are intended to e. Information of any public meeting conducted,to include the location,date,time, between the Weld of y Administration a.m.and Building, i din Monday r et. r may be provide the COUNTY with information about the proposed Use by Special Review. attendance and method of advertising. twn through the.00County 5.Web Page Monday thru rday, may lmss- The Planning Commission and Board of County Commissioners may consider alt sages an the Weld Commissioner may not(www.includedeld.c. case ilia.s- such reviews and comments and may solicit additional information if such Information f. A description of the hazards,If any,of fire,explosion and other dangers to the sent to oion of your al Co missioner may into the case file,the pleeae send a copy is deemed necessary.The reviews and comments submitted bye referral agency are health,safety and welfare of employees and the general PUBLIC. to egesick®Co.wely.ce us. recommendations to the COUNTY.The authority for makingthe decision to approve ORDINANCE NO.2015-7 or deny the request for a Use by Special Review Permit rests with the Board of g. A description of emergency procedures to be followed in case of a reported failure ORDINANCE TITLE:IN THE MATTER OF REPEALING AND REENACTING,WITH County Commissioners. or accident involving the proposed PIPELINE.Such outline shall include actions,if anAMENDMENTS,CHAPTER 23 ZONING,OF THE WELD COUNTY CODE a. The planning commission of any town or county whose boundaries are within three and telephone euired onumberPUBUs of appropriate companyIncluding 6aanre aofficial offceicials no iif BR an acciident or DATE OF NEXT READING:July 27.2015,at 9:00 a.m. (3)miles of the proposed site ore thep Y Y D nP proposed site H located within any town's corn- failure should occur. BOARD OF COUNTY COMMISSIONERS prehensive planning area.il. WELD COUNTY,COLORADO h.A description of the method or procedures to be employed to avoid or minimize the DATED:July 10,2015 b. Department of Public Health and Environment. Impacts on irrigated agricultural land. PUBLISHED:July 16.2015,in the Greeley Tribune c. Department of Public Works. I. A discussion of how the proposal conforms with the gguidelines oef Chapter 22 of this Cotle and any other applicable code provision or ordinance In effect. WELD COUNTY d. Colorado Geological Survey. CODE ORDINANCE 2015-1 e.Colorado Department of Transportation. I A Decommissioning Plan. IN THE MATTER OF REPEAUNG AND REENACTING,WITH AMENDMENTS, f. U.S.Forest Service, k. A description of any haul routes during construction,identifying the roads and CHAPTER 23 ZONING.OF THE WELD COUNTY CODE bridges involved and the weight of the loads. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE g. Any irrigation ditch company with facilities within the Right-of-way or crossed by I. Any other information determined to be necessary by the Department of Planning COUNTY OF WELD,STATE OF COLORADO: the pipeline under consideration. Services or its authorized representative to ensure the protection of the health,safety h. tility PcMENompand weifare of the Inhabitants of the COUNTY. WHEREAS,the Board of County Commissioners of the County of Weld.State of DEVELUOTanies with underground lines which might be affected by the. County Home Rule Charter,is Sec.23-2-52ra Drawing requirements for PIPELINE maps. Colorado,pursuant to Colorado statute and ins Weld County vested with the authority of administering the affairs of Weld County,Colorado,and I. Special service districts which may A.The general drawing requirements for PIPELINES are as follows: D provide service to the DEVELOPMENT. WHEREAS,the Board of County Commissioners,on December 28,2000.adopted 1. Be submitted on a sheet twenty-four(24)inches by thirty-six(36)Inches in size. Weld County Code Ordinance 2000.1,enacting a comprehensive Code for the CountyZ Be 6 State Engineer,Division of Water Resources. of Weld,including the codification of all previously adopted ordinances of a general k. Natural Resource Conservation Service. Director of drafted a1 nning Services.drawing ink on Mylar or other drafting media approved by the and permanent nature enacted on or before said date of adoption,and g WHEREAS,the Weld County Code is in need of revision and clarification with regard Any other agencies or individuals whose review the Department of Planning 3. Include a vicinity map at a suitable scale 1"=2000'minimum or as Services deems necessa ( approved by to procedures.terms,and requirements therein. ry the Department of Planning Services)which displays the location of the route within the County and its relationship to towns,major water features and major iransporta- NOW,THEREFORE,BE IT ORDAINED by the Board of County Commissioners of 2. Prepare staff comments for use by the Planning Commission addressing all lion features. the County of Weld,State of Colorado,that certain existing Chapters of the Weld aspects of the application,its conformance with Chapter 22 of this Code and any the Co Code be,and hereby are,repealed and re-enacted,with amendments,and other applicable code provision or ordinance in effect,adopted master plans of 4. Include a t detailed route map showing the approved route through the County.The various Chapters are revised to read as follows. affected municipalities,sound land use planning practices,comments received from approved route shall be displayed on a 1:24,000 scale U.S.G.S.topographic quad- theagencie5 to which the proposal was referred and standards contained in this Chapter. tangle,or oytther approved topographic study that may be more accurate.The map shacted on CHAPTER 23 3. Set a Planning Commission hearing date.The Board of County Commissioners the rU.S.GeS.topographic q the centerline uadrangf the le wfhn one(1)m mute and ile oll n eahech side of thures e approved public hearing may also be set and be given legal notice and posting,concurrent with route.The base map shall be updated to include any significant new man-made lea- Amend Sec.23-1-90.Definitions. setting of the Planning Commission hearing date and In accordance with Section 23- lures within one(1)mile on each side of the approved route. 2-470.8.5 or Section 23-2-470.8.6. For the purposes of this Chapter,certain terms or words used herein shall be Inter- B.Legend.A legend shall be included consisting of the following items: prated as h this Ss h Themain following or :wo ds and nssh when 4. An applicant may conduct a Neighborhood Meeting with area landowners.Such appearing d in n in this Section. uppercase. letters,shall have the r stated when n meeting is not required but may be suggested by the Planning Services staff to 1. Development standards governing the location,design,construction and operation Section: encourage communication between a land use applicant and the neighbors. of the proposed pipeline. MAJOR FACILITIES OF A PUBLIC 11TILITV OR PUBLIC AGENCIES:Public Utilities5. For pipeline projects one(1)mile or less,notice of application shall be given for 2.The Use by Special Review Permit Plan Map shall include certificates for the or Public Agencies operating or constructing a mine,ELECTRIC TRANSMISSION surface property owners for five hundred(500)feet on either side of the centeriine of PIPELINE owner's signature,Planning Commission,and the Board of County nci water storage facilities,POWER PLANTS, electri- the proposed preferred alignment,and to interest holders(excluding mineral Interests) Commissioners and the Clerk to the Board.The required content of the certificates Is LINES,ates,domestic wastewater storage f facilities,PW water treatment facilities,SUBSTATIONS N of elect in any real property proposed to be physically disturbed or crossed by the activity or available from the Department of Planning Services. lions,expansions or enlargements thereof;STORAGE AREAS of utilities providing development which is the subject of the before the sc. le notification hea shall be mailed electricity,water,and wastewater including extension,expansions or enlargements notice is not less than ten to statute days an Ls the provided as a public hearing.Such 3. Title,scale and north arrow. thereof. notice Is required by state and Ls p ant as a courtesy to surrounding property owners(the surface estate).Inadvertent errors by the applicant In supplying 4. For each parcel that the pipeline crosses Include:(1)Property owner name;(2) such list,or the Department of Planning Services In sending such notice,shall not cre- Parcel Number,(3)Legal Description;and(4)Reception Number for the Easement/ PIPELINE:Any PIPELINE and appurtenant facilities designed for,or capable of, transporting natural gas or other petroleum derivatives ten(t0)Inches in diameter or ate a jurisdictional defect in the hearing process even if such error results in the failure Rights-of-Way. larger and creates ahoop stress of twenty percent(20%)or more at their specified of a surrounding property owner to receive such notification. minimum yield strength. Sec.23-2-530.Standards. 6. Applicants fora PIPELINE which is more than one(1)mile in length shall adver- The Board of County Commissioners may approve an application for construction or Amend 23-2-370.Application requirements. rise the hearing at least once in the newspaper designated by the Board of County expansion of a PIPELINE only if all applicable requirements of this Division are met. An Sec.te 0f copies of the application for a Special Review Permit shall be Commissioners for publication of notices a minimum of ten(10)days prior to the and the applicant has shown that the application is consistent with Chapter 22 of the submitted by thenumberof applicant to the Department of Planning Services.An application for Planning Commission hearing date.The advertisement shall contain a map display- Weld County Code and the following standards: a ecial Review Permit shall contain the following Information In such form as pre- ing the proposed route,along with both the Planning Commission and the Board of scribed by the Department of Planning Services, County Commissioners hearing dates,a description of the hearing,time,date and A.All reasonable efforts have been made to avoid Irrigated Cropland or to minimize location. the negative impacts on agricultural USES and lands. A through 0.13.—No change. 7. Prepare staff comments and recommendations for presentation at the Board of B.The PIPELINE will not have an undue adverse effect on existing and future devel- 14.Atltlkional information required for TRANSMISSION LINES: County Commissioners hearing addressing all aspects of the application,its confor- opment of the surrounding area as set forth in applicable MASTER PLANS. mance with this Chapter and Chapter 22 0(this Code and comments received from surround- Remainder of section-No change. referral agencies. C.The tlesign of the proposetl PIPELINE mitigates negative impacts on the surround- ing area to t e greatest extent feasible. Amend Sec.23-2-390.Drawing requirements for utility line plan maps. Sec.23-2-480. Duties of Planning Commission. A.The .23 , raw Une Plan Maps for els A.The Planning Commission shall hold a hearing to consider the application for D.The site shall be maintained In such a manner so as to control soil erosion,dust .Thegeneral TRANSMISSION LINES q requirements as follows:for the Use by Special Review Permit.The Planning Commission shall provide recom- and the growth of NOXIOUS WEEDS. mendations to the Board of County Commissioners concerning the disposition of the 1. A utility line plan map shall be submitted in two(2)stages: requested Use by Special Review Permit.The Planning Commission shall approve E.The applicant has agreed to implement any reasonable measures deemed eces- the request for the Use by Special Review Permit only if It finds that the applicant has sary by the Board of County Commissioners to ensure that the health,safety and wet- Remainder of section-No change. of met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of fare the Inhabitants of the COUNTY will be protected,and to mitigate or minimize the Weld County Code.The applicant has the burden of proof to show that the Stan- any potential adverse impacts from the proposed PIPELINE. Add Division 6 in Is entirety: dards and conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code are met.The applicant shall demonstrate: F.All reasonable alternatives to the proposal have been adequately assessed,and DIVISION 6 the proposed action is consistent with the best interests of the people of the COUNTY Use by Special Review Permits for PIPELINES 1.All reasonable efforts have been made to avoid irrigated cropland or to minimize and represents a balanced use of resources in the affected area. the negative impacts on agricultural USES and lands. Sec.23-2-440.Applicability. G.The nature and location or expansion of the PIPELINE will not unreasonably A. Uses by Special Review are USES which have been determined to be 2. The PIPELINE will not have an undue adverse effect on existing and future devel- interfere with any significant wildlife habitat and will not unreasonably affect any opment of the surrounding area,as set forth In applicable MASTER PLANS. endangered wildlife species,unique natural resource,known historic landmark or more intense or to have a potentially greater impact than the Uses Allowed by Right archaeological site within the affected area.Ina particular zone district.Therefore,Uses by Special Review require aedblona 3. The design of the proposed g consideration to ensure that they are established and operated In a manner that is h atevtPIPELINE mitigates negative Impacts on the surround- consideration with existing and planned land USES in the NEIGHBORHOOD.The addi- Prig area to t e greatest extent feasible. H.No adverse impact,from stof the Pr runoff,to the public rights-of-way and/or sur- tlonal consideration or regulation of Uses by Special Review,and the application to a rounding properties as a result of the PIPELINE. Use by Special Review of Performance,Design and Operations Standards listed both 4. The site shall be maintained in such a manner so as to control soil erosion,dust herein and for applicable USES from any zone district,are designed to protect and and the growth of NOXIOUS WEEDS. Sec.23-2-540.Changes to Use by Special Review Any r a PPermit. IPELINE to promote the health,safety,convenience and general welfare of the present and future 5. The applicant has agreed to implement any reasonable measures deemed nits- the items shown on d Use the Use by Special ecial pe Revieew Permit w PlanI MEpI aand golvemed by l be e the residents of the COUNTY. sary by the Board Sf County Commissioners to ensure that the health,safety and wdl- DEVELOPMENT STANDARDS. alor changes from thhee approved Use b Special B.The Board of County Commissioners may approve the establishment ore Use fare potential the Inhabitants of the COUNTY will be protected antl to mitigate or minimize Review Map or DEVELOPMENT STANDARDS for the Use by Special Review Permit by Special Review for PIPELINES by granting a Use by Special Review Permit. any potential adverse impacts from the proposed PIPELINE. for a PIPELINE shall require the approval of an amendment to the permit by the Allrequests for Use by Special Review nfla shall be reviewed by the Planning Planning Commission and approval by the Board of County Commissioners before Commission.l requests isf The by pe eview Pn shall btl v shall be nn to, 6.All reasonable alternatives to the proposal have been adequately assessed,and such changes from the map or DEVELOPMENT STANDARDS are permitted.The and sl The the Board of Commission's County recd Commissioners. the proposed action is consistent with the best interests of the people of the COUNTY Department of Planning Services is responsible for determining whether a major and represents a balanced use of resources in the affected area. change exists.Any other changes shall be filed with the Department of Planning C.Any personfiling an application for a Use by Special Review Permit shall comply 7. The nature and location or expansion of the PIPELINE will not unreasonably Services with the approved Use by Special Review Permit. with the COUNTY procedures and regulations as set forth herein.Any expansion or interfere with any significant wildlife habitat and will net unreasonably affect any Amend Sec.23-3-40.Uses by special review. enlargement of a Use by Special Review shall be treated as a new USE and shall endangered alldlie species,unique natural resource,known historic landmark or The following BUILDINGS,STRUCTURES and USES may be constructed occu- require a new application under the provisions of this Division. archaeological site within the affected area. pied,operated and maintainedwith in the A(Agricultural)and Zone Districtupon approval of D. Ordinary repairs and maintenance may be performed upon a permit in accordance a with the requirements antl procedures set forth in Article II, STRUCTURES associated with a Use by Special Review so long as such repairs and rounding No adverse ti impact,fromes tto the PI runoff.N,to the public rights of way and/or sur- Division 4 of this Chapter. maintenance do not have the effect of expanding or enlarging the USE. properties as a result of the PIPELINE. A through JJ—No change. recommenda- E.Applications for Use by Special Review Permits shall De completed as set forth in B.The Secretary of the Planning Commission shall the official Section 23-2.500.The complete application and application fees shall be submitted Lion of the Planning a Commission of l the Informationcase file, contained in the Clerk e to record, Add KK. PIPELINE. to the Department of Planning Services. B includes ten the Department of Planning Servicesn ha file,to the the Board within (10)days aver said recommendation has been made. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby F.The applicant shall submit one(1)paper or electronic copy of the map for prelimi- is,directed to arrange for Colorado Code Publishing to supplement the Weld County F. approval to the sub Department of tanning paper electronic c cop approval fthea the paper C.If the Planning Commission recommendation is conditional upon the applicant Code with the amendments contained herein,to coincide with chapters,articles, completing certain specified items prior to the publication of the notice for the hearing divisions,sections,and subsections as they currently exist within said Code;and copy,the applicant shell submit a Mylar map,along with all other documentation required as Conditions of Approval.The Mylar map shall be recorded in the office by the Board of County Commissioners,the ten-day period shall commence upon to resolve any inconsistencies regarding capitalization,grammar,and numbering or of the County Clerk and Recorder by the Department of Planning Services.The subml5si0n of the items by the applicant to the Departmentof Planning Services. placement of chapters,articles,divisions,sections,and subsections in said Cotle. map shall be prepared in accordance with the requirements of Subsection 23-2-520 Sec.23-2-490. Duties of Board of County Commissioners. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,of this Article.The Mylar map and additional requirements shall be recorded within The Use by Special Review Permit duties of the Board of County Commissioners for sentence,clause,or phrase of this Ordinance is for any reason held or decided to be one hundred twenty(120)days from the date of the Board of County Commissioners a PIPELINE are limited according to the provisions of Section 30-28-110,C.R.S.,and unconstitutional,such decision shall not affect the validity of the remaining Resolution.The applicant shall be responsible for paying the mcording fee.If a Use the Home Rule Charter, hereof.The Board of County Commissioners hereby 0 Y portions by Special Review(USR)map has not been recorded within one hundred twenty enacted this Ordinance in ech and every section,sbsection,paragraph,declares that tt would have (120)days from the date of the Board of County Commissioners Resolution,or within Sec.23-2-500.Application for Use by Special Review Permit. clause,and phrase thereof irrespective of the fact that any one or ore sections, a date specified by the Board of County Commissioners,the Board may require the Any person seeking to locate and construct a PIPELINE in the County shall apply for subsections,paragraphs,sentences,clauses,orphrases l ht be declared to be landownelane by Special to appear before it and present evidence substantiating that the a Use by Special Review Permit on the forms provided by the Departent of lning unconstitutional or invalid. g pecial Review(USR)has not been abandoned and that the applicant pos. Services.The application forms shall be accompanied by the supporting documents sasses the willingness and ability to record the Use by Special Review(USR)map. required by these regulations. The Tribune The Board of County Commissioners may extend the date for recording the map. IfJul 16,2015 the Board determines that conditions supporting the original approval of the Use by Sec.23-2-510.Application requirements. July Special Review(USR)map cannot be met,the Board may,after a public hearing, Ana adequate number of copies of theapplication for a Use by Special Review Permit revoke the Use by Special Review(USR). op Y P shall be submitted by the applicant to the Department of Planning Services.An appli- i Sec.23-2-450. Relationship of regulations to other requirements. cation for a Use by Special Review Permit shall contain the following information in Nothing in this Division shall be construed as exempting an applicant from any state such form as prescribed by the Department of Planning Services: or federal laws or regulations. A,The applicant's name and telephone number. Sec.23-2-460.Prohibition of construction without permit. B.Address of the applicant and general OFFICE. No person may locate or construct a PIPELINE in the County without first obtaining a Use bySpecialshall Revew Permit pursuant to these regulations and no Building Permit C.Summary statement of the project,to Include when applicable: for a PIPELINE approved without the applicant first obtaining approval of e Use by Special Review Permit pursuant to these regulations. 1. Source,capacity,size,destination and type of facilities,support STRUCTURES, 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 July 27, 2015, and August 17, 2015. 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#: 2015-07 PLANNING COMMISSION DATE: June 16, 2015 TIME: 1:30 p.m. BOARD OF COMMISSIONERS DATE: July 6, 2015 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2015-1 PRESENTED BY: TOM PARKO 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: June 1, 2015 PUBLISHED: June 4, 2015, in the Greeley Tribune 2015-1953 Affidavit of Publication STATE OF COLORADO ss- County of Weld, I Kiara K. Garrett of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, N O T I C E I that the same is a daily newspaper of general Pursuant to the zoning laws enhe State of Colorado and Me circulation and printed and published in the City of Weld County Code a public heanng wall be held before the Weld Count [3daru of County Commissioners in the Hearing Room. Greeley, in said county and state; that the notice or Weld County Administration Building,l 150 O Street,Greeley, Colorado at the lime specified below to consider the proposed advertisement, of which the annexed is a true copy, designation of the site selection and construction of those major ' facilities ofa public utility consisting of pipelines and storage ar- has been published in said daily newspaper for eas of uhlil es providing water and natural gas or other petro. leurn denvab"es as a matte`of state interest pursuant to§ consecutive(days): that the notice was published in 24-65 1-401.C.R.S.and Wald County Code Chapter 21,T"he: area to be considered for men des,gnardn woad include the en. the regular and entire issue of every number of said ore unincorporated portion of Weld County,Colorado, Materials regarding the matter,to be designated.and the pre- newspaper during the period and time of posed guidelines and regulations for administration thereof,may be examined n the orrice of me Clerk to Inc Board of county publication of said notice, and in the newspaper S'er,Greeles beard County it Administration Building,©anlnd°0u. proper and not in a supplement thereof; that the me u5©n or r er E-Ma l ccrbespondend ce the o case eeca!s f i please first publication of said notice was contained in the send a copy to egesick@covreld co.es-Ira court reporter is de. Fifth day of June A.D. 2015 and the last sired for this nearing please adume the Office of the Clerk to the Board,in N trng,at least five clays pnorto the hcarrng The cost publication thereof: in the issue of said newspaper of engaging a court reporter shall be borne by the requesting party.In accordance with the Americans with Drsabilrties An,it bearing the date of the special a c0 nmOdat10ns are required in order for you to partici. pate rn thiS r earrig please contact the oflrce of ttre Clerk to the Fifth day of June A.D. 2015 that said The Greeley Board aI 19 n; 8-7215 Ext.4226,prior to the day of the hear, !rig Ail cases scheduled before the Board of Commissioners are Tribune has been published continuously and subject to coat nuance,due in lack of quorum or otnc rise, Contact the Office of the Cleric to the Board tit the number uninterruptedly during the period of at least six above;for nearing continuance Information COMMISSIONERS HEARING DATE:Ja!y G,2015 months next prior to the first issue thereof TIME.9.00 a rr. PRESENTED BY'TOM PARKO;DIRECTOR OF PLANNING contained said notice or advertisement above SERVICES INQUIRIES-QUESTIONS REGARDING THIS MATTER MAY referred to; that said newspaper has been admitted B NGE ADDRESSED S RE CED,BY Y P TO HOM PE ATO,7DIR5 600,EXT SCTOR OF A72..OR PLAN- to the United States mails as second-class matter BY EMAIL AT tparko4werdgev corn REQUEST CONSIDER THE PROPOSED DESIGNATION OF under the provisions of the Act of March 3,1879,or THE MAJORTFACILITIES OF AND PUBLLIC UTILITY©ONSISTI THOSE OF any amendments thereof; and that said newspaper PIPELINES AND STORAGE AREAS OF UTILITIES PROVO- is a daily newspaper duly qualified for publishing trio WATER.AND NATURAL GAS OH OTHER PETROLEUM DERI'/Al IVES A5 A MATTER OF STATE INTEREST F'URSU- legal notices and advertisements within the ANT TO g 24.65"1.401,C.H.S„AND WELD COUNTY CODE B CHARD OF COUNI"Y COMMJSSIONEIi WELD COUNTY,COLORADO DATED June 2,201 tiro F,<Jurte June 5, 2015 Juts 5,201s Total Charges: $12.49 5th day of June 2015 My Commission Expires 6/14/17 Notary Public ROBERT LITTLE ti NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2001401849-4 S' MY COMMISSION EXPIRES JUNE 14,2017 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 February 9, 2015, and March 2, 2015. 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#: 2015-07 PLANNING COMMISSION DATE: January 6, 2015 TIME: 1:30 p.m. BOARD OF COMMISSIONERS DATE: January 19, 2015 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2015-1 PRESENTED BY: TOM PARKO 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: December 19, 2014 PUBLISHED: December 24, 2014, in the Greeley Tribune Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1 Cassie Clarken of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, Ithat the same is a daily newspaper of general N 01 I C E circulation and printed and published in the City of Pursuant to the zoning laws of the State of Colorado and the Greeley, in said county and state; that the notice or Weld County Code,a public hearing will be held before the Weld advertisement,of which the annexed is a true County Planning Commission and the Board of County Commis- copy, sioners in the Hearing Room.Weld County Administration has been published in said daily newspaper for Building,1150 O Street,Greeley,Colorado,at the times speci- fied below. A Second and Third reading of said Ordinance will consecutive(days): that the notice was published in be considered on February 9.2015,and March 2.2015. The complete case file may be examined by calling the Depart- the regular and entire issue of every number of said meat of Planning Services at(970)353-6100 to make arrange- ments with the case planner-or at the office of the Clerk to the newspaper during the period and time of Board of County Commissioners.Weld County Administration Building,1150 O Street,Greeley,Colorado 80631 E-Mail men publication of said notice, and in the newspaper sages sent to an individual Commissioner may not be included in the case file.To ensure inclusion of your E-Mail correspondence proper and not in a supplement thereof; that the into the case tile prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the first publication of said notice was contained in the appropriate contact information.For inclusion of any correspon- dence prior to the Board of Commissioners hearing E-mail ege- Twenty-fourth day of December A.D. 2014 and sick Oco.weld co.us. N a court reporter is desired for either hearing,please advise the the last publication thereof: in the issue of said Department of Planning Services or the Clerk to the Board's Of- lice,in writing,at least five days prior to the hearing. The cost of newspaper bearing the date of the engaging a court reporter shall be borne by the requesting party Twenty-fourth da of December A.D- 2014 that lit accordance with the Americans with Disabilities Act if special y y accommodations are required in order for you to participate in said The Greeley Tribune has been published this hearing.please contact the Department of Planning Servic- es at(970)353 6100 Ext.3519.or the Clerk to the Board's Of. continuously and uninterruptedly during the period lice at(970)336-7215,Ext.4226.prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of of at least six months next prior to the first issue County Commissioners are subject to continuance,due to lack of quorum or otherwise Contact the Department of Planning Ser- thereof contained said notice or advertisement vices or the Clerk to the Board's Office at the numbers ab for hearing continuance information_ above. above referred to; that said newspaper has been DOCKET Y:2015-07 PLANNING COMMISSION DATE:January 6.2015 admitted to the United States mails as second-class TIME. 1-.30 p.m. BOARD OF COMMISSIONERS DATE.January 19.2015 matter under the provisions of the Act of March CASE NUMBER: ORDINANCE 2015-1 3,1879, or any amendments thereof; and that said PRESEND BY:TOM PARKO REQUEST.IN THE MATTER OF REPEALING AND REEN- newspaper is a daily newspaper duly qualified for ACTING,WITH AMENDMENTS. APTER 21 AREAS AND ACTIVITIES OF STATE INTEREST HAND CHAPTER 23 ZON- publishing legal notices and advertisements within ING,OF THE WELD COUNTY CODE PLANNING COMMISSION the meaning of the laws of the State of Colorado. WELD COUNTY COLORADO DATED:December 19 2014 The TribuneDecember 24, 2014 December 24..2014 Total C roes: $10.94 6\544n 24th day of December 2014 My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14.2017 , Hello