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Home My WebLink About760369.tiff O,RGAN1 - -ION AND FUNCTIC;S OF THE IfELB - VTY PLANNING CO MISSION AND BOARD CF ADJUSTi ENT I . INTODiDTION The following information was c0m..riled upon the request of Jeloand of theyeld County io e Rc 9 s The 1 Charter Commission . � rc in cent of the in- formation is o provide a general bachciround with reference eren" to the organi- zation and functions of the 'held County Planning Commission , the geld County Board of Adjustment and the stuffs which render su000rt ace advisory service to these bodies, as well as the Board of County Co:':::: ssion- ers . The following narrative is supplemented PP by the attached appendices , which contain statutes and other applicable materials relevant to the function and organization of land use planning programs , n held County, Colorado. Numbers which appear in parenthesis in the narrative refer to applicable State Statutes. II . PLANNING COtTlISSION A. Creation of Planning Colin°,ission Under Colorado Revised Statutes 106-2-2, the Board of County Commitsion- ers of amy county within the state is authorized and empowered to ap- point 3 planning commission of five members . The Statute specifies that the term of the appointed members of the commission shall be five years and until their respective successors have been appointed ,_ that the ter: of office shall be staggered by making the initial appoint- ments fur one , two, three, four and five re spectively.� pc'aa VII / first eld County Planning Commission was appJinted in July, 959. At this time, t e appointments to the consaission are :Jo far erms of four years (since fearyear r appointments seem to conflict wHth existing Statutes , it would seem advisable to seek toe advice or tfr:' County Attorney in reference to this conflict) . In addition to the five appointed members , the Statute specifies that the Board of County Commissioners shall appoint one of the meebers of the Board as ex- officio non-voting member of such commission. Finally, the Board of County Commissioners have appointed four associate ':u.asabers to the Pianni _. Commission , who can take the place of a regular member in the event such regular Hember is te(mparari ly unable to act owing to absence from the county, illness , interest in any matter before the commission or any other cause. (106-2-2) Appendix A contains a list of individuals now serving as reaglar and associate members of the field County Pr - ` - � � � �; � � � �em, ers '1e paid a mileage allowance for travel expenses incurred while ful- filling their Planning Commission responsibilities . They also receive meals for Planning Commission luncheon meetings which are held on regu- lar meeting days. The Planning Commission meets on the first and third Tuesdays of each month. 7 60 36 9 B. Functions • Under Colorado Statutes , the fel owing planning ca:mnissi on functions and responsibilities are delineated: 1 . Tae County Planning Commission shall el ect a chairman from its members and may create and fill such other commission offices as it may determine. 2. The Commission shall adopt such rules and regalations nov-erninc its procedure as it may consider necessary (oy-laws attached as Appendix B ) . 3. The Commission shall keep a record of its proceedings which record shall be open to inspection by the public. 4. The commission shall have the power and authority to employ experts and a staff, and to pay such expenses as may be deemed necessary for carrying out the powers conferred and the duties prescribed, bat not in excess ss of such sums as may he appropriated by the board of county commissioners of the county or be placed at the disposal of the commission through gift or otherwise. The county planning commission is directed to make use of the expert advice and infor- mation which may be furnished by appropriate federal , state, county and municipal officials, departments and agencies, and in particular by the director of planning of the State of Colorado. (106-2-3) 5. The County planning commission is specifically empowered to receive and expend all grants , gifts and bequests , specifically including state and federal funds and other funds available for the purposes for which the commission exists , end to contract with the State of Colorado , the United States and all other legal entities with re- spect thereto. The county , wining commission may provide, within the limitation of its budget , matching funds wild ever grants, gifts, bequests and contractual assistance are available on such basis . (106-2-3) • 6. It shall he the function and duty of a county planning commission to make and adopt a master plan for the physical development of the unincorporated territory of the county. (105-2-5 ) 7 . In the preparation of a county or regional raster plan, a county or regional planning contmiss,ion shall make caret) and co:cpre- hensive surveys and studies of the existing conditions and probable future growth of the territory within its jurisdiction. Too county or regional master plan shall he made with the general per pose of guiding' and accomplishing a co C ,ina .cd , adjusted and hdryloieus nevelo: i`ent of the county or e {Dion 'whi in accordance with present and future needs and resources , mill best promote the health , `,rH y, morals , order, convenience, prosperity, or the general welfare of the inhabitants, as well as efficiency and economy in the process of development , including such distribution of population and of the uses of land for urbanization, trade , industry, habitation, recreation, agriculture, forestry and other -2- puroos's , wii11 tend to create condition uvarable t,.• health • safettransportation, _ _ J, pr05.�, erl ty, civic activities ,T,iN'o , nd recreational , educational aro cultural opportunities ; will tend to reduce the wastes of physical , financial , or human rescarces which result from either exc!_ssive congestion or excessive scattering of population; and will tend toward an efficient and economic utilization , conservation and production of the supply r of ood and water, and of drinage, sanitary cfla other facilities and resources. (105-2-6 ) 3. The county planning conmaissisn shall certify a a copy of its master plan or any adopted part or amendment thereof or addition thereto, to the board of county coumissioner's of the county, (106-2-3) 9. The county planning commission of any county may, and 'epen order by the board of county commissioners in any county navnc a county planning commission shall make a zoning plan or plans far zoning all or any part of the unincorporated territory witnin such county, including both the full text of the zoning resolution and the maps, and representing the recommendations of the commission for the regulation of districts or zones. (106-2-10) 10. The county planning commission shall certify a copy of the plans for zoning all or any part of the unincorporated territory within the county, or any adopted part or amendment tnercof, or addition thereto , to the board of county commissioners of the county. • (100-2-11 ) 11 . Every county in the state shich does not have a county planning commission on duly 1 , 1971 , shall create a county planning commission in accordance with the provisions of Section 105-2-2. Every county planning commission in the state shall develop, pro- pose and recommend subdivision regulations, and the board of county conimiissloners shall adopt and enforce subdivision regu- lations for all landwithin the unincorporated areas of the county in accordance with this Section not later than September 1 , 1972 . (106-2-34) • In general the County Planning Commission acts as a citizens advisory group to the Board of County Commissioners on matters relating to land use and planning in ' eld County. The above list delineates the primary organization, functions and responsibilities of the Planning Commission as defined under State Statute. Though the Planning Commission , in carrying out these functions is affected by additional State and Federal laws , these have not been dealt with in this section. The latter relate more directly to specific programs and activities , in which the Planning Commission may be involved , in carrying out its basic responsibilities . zany of the State Statutes in this category are included in Appendix c to this report. This Appendix may serve as a source of more detailed information if such is required. C. Planning Commission Staff Ullcer Stotl.te, the planning commission may employ staff to carry out its responsibilities. This section will be directed at explaining -3- the functions a responsibilities of that ste as it operates on a day-to-day basis . The primary responsibility c . the ;weld County Planning CaHamission staff is to serve as a professic' dl advisory stiff to the Geld County Planning Commission and Board of County CarJissioners , on matters re- lating to land use planning and control in the 'dela County area . In meeting this responsibility, the staff is involved in long-range planning efforts , as well as the more immediate tasks related to tne administration of zoning and subdivision ordinances . In addition, the staff is involved in planning efforts a: tne regional and town levels , through, its association with the L imer-held Regional Council of Governments . At the regional level , the staff aids in the development of comprehensive land use plans , and serves as an advisory staff in reviewing applications of various jurisdictions and agencies ' for federal funding . At the town or municipal level , tne staff pro- vides technical assistance through "701 " Planning Grants in helping these jurisdictions develop comprehensive plans, zoning and sabdi- vision ordinances , annexation procedures , planned anit development ordinances and other land use related documents. .n aodition , the staff aids in reviewing applications received by these jurisdictions under the ordinances which they have adopted. The following will review the organization of tne Weld County Planning Commission staff which has been developed to meet these varied responsibilities. The report will also review tte functions whicn the staff must perform on a continuing basis , as Goll es. the more specialized projects it will perform during the 1975 fiscal year. it is hoped that such a report will serve as a basis for an under- standing of the operations of the Planning Commission staff. The structural org,.nization of the Planning Commission staff may best be understood when viewed as a co1nposite of six closely inte- • grated functional elements . These include the following , which are graphically illustrated in the block chart on page 5 : 1 . Director of Planning 2. Planning 3. Zoning and Subdivision Administration . Drafting 5. Support Staff Tne Director of Planning serves as the administrative head of the Planning Department . As such, the Director per.'orms specialized technical and supervisory work in planning under the direction of the held County Planning Commission and/or Board of County Commissioners . In this capacity, he directly supervises the development of long range plans , programs and regulations related to land use . This includes supervision of related surveys , research and analysis and design , as well as , supervision of drafting and reproduction of plans , designs , maps and other graphic materials used to illustrate the comprehensive planning process. He also directs a continuing review of the factors which comprise the comprehensive planning process and proposes changes and additions as needed. Finally, he reviews and analyzes projects Or subordinates, prepares reports , coordinates activities with other -4- C- E O ( . 3 f F cC eTh . . EA [2 i � 0 00> C 1 N Cg = I � . � . agencies , mees . with civic gross and individcais to explain policies • and procedures , and performs re :rted work as required. The planning section of the Separtment is unaer 0iate supervision of the Director. 1;s section has the prim ! mosary responsi - bility for the research, analyses and design involved in the compre- hensive planning process . The sections ' functions include: I . Research and an- ys' s related to the development and revision of long-rar`.ea land-usse plans at reg orsl , county ant local levels . 2. Research and analysis relate° to the Cevelosment and revision of toning and subdivision ordinances , plannet unit development ordinances and annexation procedures at county and local levels. 3 . Technical assistance to municipalities in the county in developing plans and regulations and in reviewing appli- cations received by such municipalities on lane use re- lated matters. 4. Review of land use applications and permits received oy • the county -planning department on a daily basis. 5. Review and analysis of applications received ty the Larimer-'yield Regional Council of Governments for review under Office of Management and 3uget Circular A-95. The latter procedure was established unoe'r the Intergovern- mental Cooperation Act of 1963. 6. Coordination with variou:s agencies which may be involved in various projects or a-plications. 7 . Coordination and communication with civic groups with reference to the Comprehensive Planning Process. • The planning section will be involved in a variety of specific projects during FY 1975. At the present time , there are three staff members in the section. ( it is anticipated that one additional staff member will be hired by February I , 1975. ) These staff members are now involved in a variety of projects wnich include: I . Housing Study — Funded through the Lari'ner-'Rely Regional Council of Governments through "701 " grants. 2. Develoolaent of a Weld County Resource Extraction Plan - This plan is required by State Statute (M. 5. 1529 ) to be completed by duly 1 , 1975. 3. Analysis and revision of the Weld County Zoning Resolution. 4. Analysis and revision of the Weld County Subdivision Regu- lations. • 6 G. T - -hiCal aid to th.I Town of Ault im reviewIr a, ications for are.Jxation , row . and sebclvi sion. 0. Technical aid to t'hL Town of Evans in reviewing applications for annexation, rezoning and subdivision. 7. Technical aid to the Town of Evans in reviewing its subdivision regulations . 8. Technical aid to the Town of Pierce in revicwi ng its zoning and subdivision ordinances. 9. Technical aid to the Town of Pierce in developing its comprehensive plan. Immediate efforts will include basic -data collection. 10. Technical aid to the Town of LaSalle in developing its comprehensive plan. Immediate efforts will include basic data collection. 11 . Administration of 8. 3. 1041 which was passnd by the State legislature in 1973 . One member of the staff has been appointed by the Board of County Commissioners as H. G. 1041 Administrator. This individual has direct responsi— bility to the Board of County Commissioners . 12. Staff support to the Regional Goals and Gojectives Task . Force which is developing goals and objectives Ior the Larirner-'hela Regional Comprehensive Plan under the Larimer-'held Regional Council of -Governments. 13. In addition to these more specific projects , the planning section is involved in the following day-to--day activities : a. Review of applications for Feceral Grants under 0MB ' Circular A-95. b. Review and recolltiendations on applications submitted to the Planning Department tnr various land use permits . In general , the planning section is engaged in wore based on three functions: •The development of long range land use plans; the develop- ment of ordinances and regulations which become the tools for imple- mentation of long range plans ;. and the review of applications submitted in reference -to these ordinanceS and regulations , as well as , appli - cations received as a result of various state and Federal funr'ing pro- cedures . In reference specifically to County ordinances and regulations , it is the zoning section of the planning department which has the pri— mary administrative responsibility. This responsibility iS carried out under the immediate supervision of the Director. The zoning section of the Department is composed of three staff members . These include a zoning adini l li Sal a uor and two zoning inspectors . The primary functions of these staff members include: -7- 1 . T' receipt , processing and review - all appli a =liens ved under the requirements of tne Weld County Zoning Ordinance any the Weld County SubdiVis,on�aegu- lations. 2. The preparation of ccse evidence for hearings before the Weld County Planning Cocci ssi on end Board of County Commissioners when and as such hearings are required by the zoning and subdivision ordinances . a. The processing of documents from ntner aganctes requiring consideration under the county subdivision and zoning ordinances . -4. The .aa inteLa nce of recorns and preparation or reports with reference to -zoning and subdivi_si on applications. • 5. Liaison between the planning -commission and a variety of agencies concerning permit applications. With reference to specific applications , these agenci-es may include, but are not limited to: • a . Appropriate school districts h. Other counties or munici_palities c. Any utility, local improvement and service district - or _ditch compa-ny d. Colorado State Forest Service e. Other county and municipal planning commissions f. Local soil conservation district boards g . U. S. Soil Conservation Service h. County, district , regional or State Board of Health i . Colorado State Engineers Office Colorado Geological Survey k. Colorado Land Use Commission 1 . Colorado Division of Mines Weld County Utility Board n. Weld County Engineer Office o. All other agencies or individuals vino may have an interest and/or expertise related to a _particular appi ication 6. To confer with principals , architects , engineers , attorneys and other applicable individuals on design problems and use crssitications related to specific applications or general inquiries. 7. To advise and assist in the continual review of ordi- nances and in the preparation of heteded amendments . B. To investigate complaints and/or" violations related to the subdivision and zoning ordinances . 9. To prepare -case evidence and recommendations witn reference to _zoning aird subdivision ordinance violation; and to present such case evidence to the Planning Commission and/or Board of County -Commissioners . -8- i • To nrforai research of legal descri_, ` ions with r ence to property ownership anc .nu transfers. 11 . To render staff assistance to the Weld County ,c_ rc of „ t "d�l:Stinen 1Th-^ functions , Orga.nl Z�It-�G.^, af,�� iP- sr'OliSlbl 1ties on' tne Boar of Adjustment are dis cussed below under Se-coon I ? . ; 12. In all of these functions, to aid and assist the general public to gain a clearer unde7 stunk;-: r, 0 the meaning , intent and appilea ti -i ,. n of Weld ora', nances and the GI �eld County Comprehensive Plan. Each of the nctions 1 isted above are carried on a day-to- nay basis by the Zoning section of the Planning Depa riatont . Az the present time, a complete review of the (Weld County Zoninti 0:d rrilr.C2 is being undertaken. Each staff member is expected to review the Ordinance and have input with regard te amendments which may be needed to increase the effectiveness of the Ordinance, or to eliminate probli s which have emerged with reference to the adcr:nistration of the same. The fourth functional element of tn - e err ,. e Planning Ce ,mil tI e;.r id the Drafting section. This section is c0 pas_ee of two staff members s who also work under the immediate supervision of the director or Planning. The 'rafting section carries out five basic tasks : • 1 . Dra ting of maps and all other graphics associated wi t;n planning activities . This includes maps for planning reports , zoning saps , subdivision maps , town maps , county maps , property maps and a variety of maps utilized to display various - orms of data . It also includes charts ana any other graphic device which may be utilized in explanation of the planning process. 2. Maintenance of updatable copies of all official and other basic data maps used in the Planning Department. 3. Research of deeds and legal descriptions with reference to ownership and land transfers . 4. Provision of all av-ailable data , in the form of maps and similar items , to the general [alibi ic upon request . • 5. Preparation of maps which reference particular applications for presentation at pubis hearings before the Planning Commission and Board of County Commissioners. The day-to-day work of the Drafting sdction and epee special projects now under way by that section a cludd: 1 . bay-to-day drafting and research related to auplic:ItJens (and resulting files ) received by the Planning Com;:fission and Board of Adjustment. This includes: -y- a . reparation of ;±pee (3 ) 1 : 600 with �' �a' � air photos zoning over ay; three (3) 1 :24,000 scale air • photos with U. S. '.. S. -data overlays; and three (3 ) i,"=1 mile stale micinity maps for each application for special use Hermits , conditional use permits , rezoning or subdivision received by the Planning Department. In the case of variance: cases received tdj of Board the ent on byus,,m , tut (2) of each of the reaps described above are pre arcd. b. Research ofAsst;sor' s files and land maps to es- tablish a list of surrounding property owners within X00 feet of the area of any special use pe m,it ap- tlication , conditional use permit application, re- zoning application or variance atplication. his list is used to insure notification of the surround- ing owners of public hearings on such applications . c. Determination' and ve'rffication of current ownership on each parcel of land involved in such appl it_ations . d. Drafting of spacial use permit, contitional use per- mit , rezoning, or variance areas and surrounding property owners on the air photos described in 1 .s. above. e. This procedure is -followed for eacn of the appli- cations -for S.U. P. , C .O. P. , rezoning and variance received by the Planning Department . 2. Drafting of Composite Utility Maps -For 'geld County - This project involves develoo'rent of utility maps on a scale of 1 : 24,000 showing the general location of utility lines and the companies providing such service. 1 : 100 scale maps are available showing utilities in the incorporated areas of held taunty with the exception of Greeley. 3 . Drafting of County Zoning 1✓ylars - Zoning :nylars are used to overlay 1 :600 scale air photos and show the location of all cases processed by the County Planning Ca,numission and Board of Adjustment . These mylars provide records 'which are vital to effective administration of county land use ordinances. Tn.se records (mylars ) are continually updated as new applications are processes and approved by the Board of County Commissioners . 4. Draf'ing of Soils Maps - Soils information is co , platted on 1 : 24 ,000 scale maps which will provin hose data for land use analysis. Soils data is one of the h'.s'r tools used in such analysis. 5. Drafting of County Zoning Map - This naafi will ;;e repro- ducible when completed , and provide updated information with reference to existing zoning districts in 'dell County. This Rap will be continuously updated as zone changes are approved by the Board of County Commissioners . - 10- . 111 • 6. 1g of L'urrenl 'Taps of S iv , .. ,.,n . and Annexations - All rcerocucible maps whichsubdi- visions and town OM,'xati ens arc .dated as rccorded plats Deconle avaiian e, 7 . Drafting of sand one gravel resource maps which will become a part of the County Min-ea�.r al bxtrac„i On Flan which is to be completed in July, 1g75. In mineral , the Drafting sectionprovides technical S,...pGrt to all other s_cations of the Planning Department . Than fifth and final functional element of the Planning Department is that deefined as Support Std . This includes secretaries , in- terns and seasonal help which. .may be required to complete specific srojects. The Planning Department employs two secretarial staff members . The functions of these individuals include the following: 1 . Record Keeping - Maintenance of updated files Of all a; 1. icatiols received by the Planning Comdission and Board of Adjustment . This include= cross-indexing of all cane files by name of applicant , legal t scription and type of permit issued. This also includes history cards on all applications received and processed. 2. Take dictation and transcribe all correspondence and reports . B . Screening of all office visitors and phone calls. Where required , the secretarial staff sets appointments for other staff members , directs visitors To the appropriate staff member, or provides appropriate information as necessary. +. Preparation of a variety of administrative reports by locating, assembling and summarizing appropriate infor- mation _ano data. 5. Maintenance of payroll and personnel records. 6. Maintenance of a _current record of expenditures . 7 . Serve as secretary• to the Planning Commission an: Board of Adjustment. This includes C keeping UpCat%G records of all public hearings end providing minutes of all commis— sion and Board meetings . In general , the secretarial staff performs complete secretarial duties for the Director and other staff members . Intern Students form another part of the Department Support Staff. These individuals , who are students at area universities are employed for work on specified projects. The employment ,rf such iradividuais not only provides the student with an educational experience, but also makes it possible for the Department to draw upon the vast re- sources of the areas ' universirties in carrying out its research functions . -11- • As I a , seasonal el nyers are al so J c on varions projects. At the current time , our seasonal employees ri being u Li ii ed to transcribe data -From the Assessor ' s records which is necessary for completion of the ••:eeld County 'housing Study. 0. Budget The Planning Commission operate s on ,uCh monies as f Du ap- propriated by Commthe Board of Courty ssicriers thrnugh the General Fund. Most revenues received through the PI anni no COMMission annually are from Federal Grants , and from app ication and pernht fens . Grant funds re0eivld from other agencims are receioted as Planning Coftmisi.j on Revenues , , nd are expended as specified lhdur such grants . Accounting procedures are in most cases established by the agency granting the funds . Thae 1041 Program, mentioned undo Section C , is an exception to the general procedure.:.re. The Colorado De'dartr. snit of Local Affairs , which disperses funds under this program , has require: that all funds received must ',ie placed in a separate account. Strict accounti nig procedures are required in the expenditure of these funds. Appendix D includes the Planning Commission budgets -for the 1974 and 1975 Fiscal Years. These budgets inciute monies appropriated for Board of Adjustment activities i❑ addition, the 1974 Budget includes monies appropriated for the Building Inspection Department- during the 1974 Fiscal Year. As January n udry . 975, Suilr!iny .In- spection was placed under a separate budget, and a Director of Building Inspection employed to direct the activities of that _Depart- ment. The 1975 Planning anal ng Commission Budget COBS n0;. , therefore, in- clude building inspection activities. Monies appropriated for Planning Commission; activities are expended for those activities described in Section II .C. If required , more detailed budget f1gur'es may be obtained upon request from the ';elmJ County Finance Officer. E. Legal Staff In the course of carrying out its functions and responsibilities , the Planning Commission an its staff have extensive needs for legal counsel . The Planning Commission does not employ legal staff. Rather, such legal advice and counsel is provided uv the County Attorney' s °ffice. funding for'such legal counsel is not included in the Planning Cc:a.iission budget, but is paid for through the General Fund . Figures for the expenses for this service racy bm obtained from the Meld County Finance Officer. Legal counsel is provided to the Planning Commission on a day-to- day basis by the County Attorney's _Office. In addition, one member of the County Attorney' s staff is assigned to provide legal advice at earn meeting of the Planning Commission and Board of Adjustment. III . BOARD OF ADJUSTMENT A. Creation of Board of -Adjustment -12- Colorado Statute (106-2-16) specifies that the Bard of County Commissioners of any court / which enacts zoning regulations shall provide for a board of a djastment of tree to five mediums and for the manner of appointment- of such members . In Weld l runty, • Board of Adjustment members are appoint2d by the Board of County Commissioners for terms of three (3) years . The Boar is composed of five (5) regular members and three�e (3) associate members. Associate members are designated to take the place of regular members at those times when the regular deamber is unable to act owing to absence from the county, illness, interest In a case before the Board or any other cause. -h ny member of the board of adjustment may be removed for cause by the Board of County Coraaissionars upon written charges and after a public hearing. The current membership of the Board of Adjustment is listed in Appendix Ato this report. Compensation to members of the Board inclLdes mileage allowances -for Board of Adjustment business , as well as , specified amounts for attendance at conventions which -further the Board member ' s knowledge of Board of Adjustment activities. B. Functions Colorado Statute (106-2-16) further specifies that the Board of County Commissioners shall provide and specify inits zoning or other resolutions general rules to govern the organization, procedure and jurisdiction of the Board of Adjustment. These rules must be consistent with the provisions of statute. In addition , the Board _ of Adjustment may adopt supplemental rules of procedure not incon- sistent with statute or su-ch general rules as may be adopted by the Board of County Commissioners. Such general rules , outlined ty the Board of Adjustment are contained in the held County Zoning Resolution. The by-laws of the Board of Adjustment are included _es Appendix .i to this report. • Meetings of the 'Meld County Board of Adjustment are held on a bi-monthly basis . The chairman, or in his absence the acting chair- man, may administer oaths and compel the attendance of witnesses by application to the district court. The court upon proper showing , may issue subpoenas and -enforce obedience by contempt proceedings. (106-2-16) All meetings of the Board of Adjustment are open to the public. Appeals to the Board of Adjustment may be taken by any person aggrieved by his inability to Qbtain a building permit , or by the decision of any administrative officer or agency based upon the pro- visions of the zoning resolution. Appeals to the board of adjustment may he taken by any officer, department , board or bureau of the county affect/LT Hy the Tient or refusal of a building permit or other decision or an administrative officer or "- � . e,'/ Hosed Gl Gr' made in the coarse of the administration or enforcement of the provisions of the zoning; te.olution. The time within which such appeal must bo made, and the form or other procedure relating thereto, is as specified in the general rules provided by the board of county commissioners to govern the procedure of the board of adjustment and in the supplemental rules of procedure ado_pt-ed by the Board . -13- If1Tf� i Upon appeal s , the boar of a tjustment has the fol io wing powers: 10 Hear and decide appears '.;here it is alleged by e(,u- appel ,an„ that there is soror In any order, recuirom t • decision or refusal ma ay an administrative official e a1or agency hose on or made in the enforcement of the zoning resolution. _2. To hear and r!,y decizie, in accordance h r � the Pr0V1510^5 of the Resolution, requests for special exceptions or for Inter- pretation of the map or for decisions upon otter special questions upon which such board is a'utnorized by any such resolution to pass. 3. there by reason of _exceptional narrowness , shallowness or • of the shape of a specific piece of property at the time -of the en- actment t the regulati on, or by reason of excepti oral topographic condi tions or other extraordinary and exceptional situation or condition of such piece of proy:erty, Lhe strict apps leafier' 0' any regol ati on enacted u Der" this article would result in peculiar and exceptional practical difficulties to , or exceptional and undui hardship upon, tae owner of such property, to awthorize, upon en appeal elating to said property, a variance from such strict appi icati on se as to reliev-e such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning resolutions. • 4. The concurring vote of four (4) members of the hoard is necessary to rev_erse any order, reodiremert , decision or determination of any such administrative official or agency or to decide in favor of the appellant . (105-2-i7 ) C. Summary Staff requi rLrequi zet for Board of Adjustment activities is provided by the Planning Commission. Expenses for this staff are included in the Planning _Department budget. One. zoning inspector and one member of the Planning Commission 's secretarial staff are assigned to process Board of Adjustment applications and maintain necessary records . It is estimated that Sad of each of these Planning Commission staff member' s time is spent on Boary .of Adjustment related activities. In addition, the Drafting Section of the Planning Commission staff prepares necessary maps and acromplisihes necessary research on Board of Adjustn',errt appl ications. Legal staff is again provicled LS' the Sanity Attorney' s Office. Application procedures ore sinMlar to those utilized for Planning Commission cases and arecovered in Section II .C. above. -14- [R T • APPENDIX A • MEMDERSHIP OF PLANNING COMMISSION AND T BOARD OF ADJUSTMENT /iJvJ$ I I I +I' t . P;anning Cou ^,fission Expires Appointed J. Den Dix 7/22/75 Rt. 2, Box 161 7/19/67 Eaton, Colorado 80615 (454-2117) Harry S. Ashley 7/31/78 ndsor First Hatiotal tank x/15/75 dicdsor, Colorado 80550 (686-7444) Ronald ileitrnan Rt. 2, Box 163 7/22/77 6/3C/o"6 Ft. Luttcn, Colorado 80621 (659-2218) Marge Yost 1221 - 8th Avenue 7/31/78 11/27/74 Greeley, Colorado 20631 (352-1212) John Ideicand 7/31/78 105 Jackie Ann Aven.ie /_0/71 Ault, Colorado 80610 (834-2806) Alternates Bill Elliott 12/31/75 Rt. 3, Box 315 1J/18/72 Greeley, Colorado 80631 (353-1888) Dean Severin 12/31/77 3� Rt. 2, Box 5', /✓ /73 Eaton, Colorado 80515 (454-2226) Jim Graham 12/31/78 1503 - 24th Avenue 1/8/75 Greclor, Colorado 80631 (353-6719) Charles "Chuck" Carlson 12/31/7& Lucerne, Colorado 80646 1/0/75 (353-9626) - 15- Sri ft. Board of Fd :stment Regular Members Appointed Expires harry Claus , Chairman 317 Fain Street 1/24/73 12/31/75 Mindsor, Colorado 80550 (686-2429) • Robert Seyfried, Vice-chairman Quarter Circle Ranch 12/31/77 Roggen, Colorado 80652 (1 -849-5333) Ted Funk 2628 16th Av. 1/16/74 12/31/76 Greeley, Colorado 80631 (352-3437) Sam Rank 1906 14th Street (Box 577) 1/16/74 12/31/76 Greeley, Colorado 80631 (353-3118) Jerry Cogburn 1/8/75 12/31/77 419 5th Street Eaton, Colorado 80615 Associate Members Mrs . Pat Thomas 108 S. Greeley Street • 6/74 2/31/76 Johnstown, Colorado 80534 (587-2423) Ray Sarchot Rt. i , Sox 433 1/16/74 12/31/76 Ft. Lupton, Colorado 80621 Frank Stewart 1/8/75 12/31/77 P. 0. Fox 365 Platteville, Colorado 30651 -16- m 2/14/75 (jsn') Jill VIII I�� I: 1111 APPENDIX B PLANNING COMMISSION BY-!AXS 11 I�� III I 111 i ► 3Y-LA.,S 11[1 OF • THE WELD COUNTY�� PLr;P.;,ING COMMISSION * * * x * * k * k n n n * * * * x * x * x * * * x * x * r * ARTICLE I OFFICERS 1 . The Panning Co;omission shall -organize and elect a chairman from among the appointed members , vice-chairmar, and secretary, annually at the regular meeting in the month of August. The Chairman shall be eligible for re-election. 2. The Chairman shall preside at all meetings and public hearings of the Planning Commission ; he shall decide all points of order of procedure; and shall certify plans and transmit reports and recommendations of the - Planning Commission. 3. The 'Dice-Chairman shall assume the duties of the Chairman in hid absence. 4. The Secretary shall keep the minutes of the Planning Commission; shall send out mail notice of regular ,meetings of the Planning Commission at least three (3) days in advance to the meetings; shall give twenty-four (24) hours phone notice of special meetings and carry on routine correspondence, and maintain the files of the Commission'. ARTICLE II MEETINGS 1 . The regular mecuiings of the Weld County Planning Commission shall be held on the first and third Tuesday of each month at 2 :30 P.W. , at a -17- EMI _ -111M1IIII I. Boardlocation as may be desig,1ated from time t:. time by the Boar of County Commissioners , l;eld County, Colorado. 2. Special meetings may be called t,. the Chairman , provided that at least twenty-four (24) hours notice is given each member. 3. A quorum shall consist of three-fifths (2/5) of the mcibersh1p. 4. All plans , reports and recommendations of the Planningg Commission must be approved by at least three (3) or majority of the members of the Commission. 5. No change shall be made to the By-Laws of the Planning Commission without the affirmative vote of four (4) members of the Commission. 6. The order of business at all regular meetings shall be as follows : (a ) Roll call (b) Reading of minutes of previous meeting (c) Unfinished business • (d) hew business 7. All meetings and records of the Planning Commission are open to the public. ARTICLE III • • CO IXITTEES 1 . The Planning Commission may establish such committees as it deems advisable and assign each committee specific duties or functions. 2. The Chairman shall designate the members of each committee and shall name the chairman of each conanittee. The chairman shall fill vacancies on conrnittees as they are created. 3. No member of the Planning Commission shall be required to serve on more than two con:uittees . -18- �� 111111ICI __ U lF ��1911� ARTICLE ,.V if) P RECCRZ 1 . The Secretary shall maintain a f . le of all studies , plans , reports and recommendations made by the Planning Thmmission in the discharge of its duties and responsibilities. 2. All records of the Planning Commission shall be a public record. The above and foregoing by-Laws were, on motion duly made and seconded adopted this day of 1974 Chairman, ; ela County Plcnn; ng Commission -19- liii • ' ft • APPENDIX C PLAS;4I;G COMMISSION BUDGET - 1974 and 1975 FISCAL YEARS I ' l 1.141lll� �I � Ilf�lll pl CI L. I v '77.1 ( , - - � CC (7 �,, nl _ C C _ ' CI LA) GI .- I r '; ) - 'y- C) C) C: c. _ _ LC) ', O C . _1 °. 11 = C' () l GI \ (Ti. C _ ___.c. __.,_ . . -. _-_ __ . - --l- , .-,_ �- - I o (17 I I 2 CIS i I I I�' C� 'J i 1 I O O H U 0 f • F- LI E 1 I o c - . U J CC r� - F 1 r- C 1- (I '.. <J O " ', cI c C I C I n. r D s r = I� _ Ca a u) i_-4 ) �. - h C3 h c_ �I I- C1 (Ti 1 _ Cl •1 :) C) O O Ems) v) aid 'Ti a,, k-: r- . v) C� '1 I-- - `�' G U .... --.. -_ ..-_-.____`- I_ _..-_ --__. I --_I.-_ I On o ,n c ' Cl -- C-: rte. - c.: 1r-_rte. ,--:___r cc-. _ 1. ._.� „ C"�V U• - C C,LLI i:.I r ) C'7 CI) C; C; C' C-1 Cl' ( ) Cl C) Cr; C C) C C C: C C1 C C) . cc Ci C) IBC C) ' 0:2 r r. C-) rce C' ce. 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K I] 1 IJ J V .r - a, • a p w r 12 N J N L: u w ID •1 Cl rn i� C cri n • s _ [f p c '1 SIJ o - 9� II 1191111111 Ir l 117 ii I • • • APPLMD X D BOAR: OF ADJUST:'ENT BY-LAWS {I III It 1111111 l 1 1 lien I llR I 1I it FESOLUTI,:N RE: BY-LA'WS FOR THE WELD COB:: i Y BOARD OF ADJUSTMENT The 'Weld County Board of Adjustment is subject to Article 2 of Chapter 106, Colorado Revised Statutes 1953, as amended in 1959 and also subject to a resolution creating the beard of Adjustment adopted by the Weld County Board of County Commissioners on March 6, 1963. These sections of these two documents which specifically apply to the organization and operation of the 'field County Board of Adjustment are briefly summarized as follows: I APPOINTMENT 1 . The Board of Adjustment shall consist of five members appointed by the Board of County Commissioners (Resolution, Paragraph, 2. ) 2. The terms of office of each member of the Board of Adjustment after the first appointment shall be for a term of three years (Resolution, Paragraph 7. ) 3. Not more than half of the members of the Board of Adjustment may, at any time, be members of the Planning Commission. (Statutes , 106-2-16. ) 4. Any member of the Board of Adjustment may be removed for cause by the Board of County Commissioners upon written charges and after a public hearing. (Statutes, 106-2-16. ) 5. Vacancies shall be filled for the unexpired term in the same manner' as in the case of original appointments. (Statutes, 106-2-166. ) 6. The Board of County Commissioners may appoint associate members of the Board of Adjustment and in the event that any regular member be temporarily unable to act owing to absence from the County, illness , interest in a case before the Board, or any other cause, his place may be taken during such temporary disability by an associate member designated for the purpose. (Statutes, 106-2-16. ) II ORGANIZATION 1 . All [meetings of the board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determaine. (Resolution, Paragraph 9. ) All ha_Luings of tie Board of Adjustment shall be open to the public. (Statutes, 106-2-16 and Resolution, Paragraph 10. ) 2. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or foiling -24- �I 111[ U1111 I III J 1 --- T 1th Huy to vote, indicating smch fact and sh i ' • and other official zkeep records of its examinations IOnS all of which shall be immediately filed in the office oh the Board of Adjustment aad shall be a public record. (Statutes, 106-2-16 and Resolution, Paragrap h 10. ) shall be 3. The concurring vote of four members of the Board of Adjustment to reverse any order, requirement, decision, or determination of an administrative official or agency or to decide in favor of -the appellant (Statutes , 106-2-17 and Resolution, Paragraph 11 . ) III FUNCTIONS A';9 POWERS I . Actions of the Board of Adjustment shall be in conformance with Colorado Revised Statutes , 1953, as amended in 1959 (106-2-17) and with Paragraphs 9. 1 and 9. 2 of Section IX of the Meld County Zoning Resolution which states as follows : a. Appeals to the board of Adjustment may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this Resolution. Appeals may be taken by any officer, department, board or bureau of the county affected by the granting or refusal of a building permit or other decision of an administrative office or agency based on or made in the course of the administration or enforcement of the provisions of this Resolution. b. Appeals to the Board of Adjustment must be made in writing and filed with the Board of Adjustment within 60 days of the act or failure to act or decision appealed from. c. Upon appeals the Board of Adjustment shall have the following powers : (1 ) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Weld County Zoning Resolution. (2) To hear and decide, in accordance with the provisions of the Weld County Zoning as hereafter provided, requests for special exceptions or for interpretation of the Lenin map or for conditional use permits as provided in the Weld County Zoning Resolution. (3) Where by reason of exceptional narrowness , shallowness or shape of a specific piece of property at the time of enactment of the Weld County Zoning Resolution, or by reason of exceptional -25- II[I1I 01111ll llllll il-i 11 mu iiuiii■�� ft) it topographic conditions of such pivre of property, the _ applicationof i "',CL ,)' reediation el 'c `e'C under the Wald Zoning oiut o would result icy \e -ecuiiar any excepticial practical difficulties to, or exce, Lionel and undue hard- s hip upon , the oi';ner of such property,��' y> a variance from strict application may to granted Ho as to relieve such • difficulties or hardships ; providee , however, re- lief non La granted r i, howt sub` ' tie l detrimentto the p blic 906a and without substantially and purpose of the 'shell7: i impairing t e whet there County Jli liResolution; _ are exceptional circumstances applying to the specific piece of property ;,Ilion do not apply generally to the remain- ing property in Lee same zoning area or neighborhood. • (4) To permit the extension of anon-conforming - throughout a lot or any bilu use dint thereon upon such conditions as the hoard of terms and Adjustment shall deem and proper; provided, that sdch extensionmay be substantial detriment the p granted without impairing to public good and o- , � substantially 1, .ar,t 1t� the intent and purpose of the Weld County Zoning Resolution. • 5Y-LAWS The following ur rules and regulations governing tLa procedures of t'lc held County Board of Adjustment are adopted in accordance with Colorado Revised Statutes , 1953, as ambnded in 1959 and with she l,e ,;. County Resolution creating the Board of Adjustment as passed by the .Board of County Co:rilissioners on parch 6, 1903 : ARTICLE I . OFFICERS • 1 . The Board of Adjustment shall organize annually at thefirs: regular meeting in each calendar year. 2. The Board of Adjustment shall elect a Chairman and a Vice Chairman Whose terms shall be for one year. The Chairman and Vice Chairman shall be elegiole for re-election. • 3. The Board of County Commissioners shall appoint a Secretary for the Board of Adjustment. I . The Chairman small 'preside as all vl " 115 mi t _ � 0 - Ile oi C' l ment; shall decide all points of order or procedure; and, may administer oaths and compel the oittridance of witnesses. 5. The Vice-Chairman shall assume the duties of the Chairman in his absence. -0 IE11f 11111'11) n I 1 11®I I tali 6. The Secretary shall be repo the ward c rig responsible for keeping Adjustment; seeing that e the be of Board of rCij s ^ � t �lG ice of u 1 bearings GS bE � �� gent are published; Board of Adjustment Lent to property omaiming a spnoecifceied in tear floorings gy '7o nOtl i iln the '7 owners as SDeCI" eZoning g n Ibers ortDSOar�Board of Adjustment of forthcoming carry- ing out routine correspondence; maim -e@ Bo ird ; Adjustment and performing such other� ing the ardministrative duties uS of the Board of requested by as may ba the Board of Adjustment. ARTICLE r MEETINGS 1 . The Board of Adjustment shall ordinarily hold at least onereqular meeting each month in the District Court hearing room, fourth floor, held County Courthouse, Greeley, Colorado, at a time and date to be designated by the Chairman. 2. Special meetings of the Board Gf Adjustment I. bU hairman or in his absence b✓y e eY called by the Cdays notice is the Vice �, nairr�an provided at least three given each member prior to any such special meeting date. 3. The order of business at all meetings shall be as follows : a. roll call ; b. approval of minutes of previous meeting; c. unfinished business; d. new business. 4. Where procedural and parliamentary rules adopted by the Board of Adjustment do not conflict, parliamentary procedure shall be according to Robert' s Rules of Order. • ARTICLE III QUORUM 1 . Four members of the Board of Adjustment shall constitute a quorum for transaction of business. ARTICLE IV EXPENSES 1 . Within the limits of funds authorized b members of the Board n`' p y the Board of County Commissioners , et djustment may attend planning conferences or meetings or visit other communities for a better understanding of the function of the Board of Adjustment with the payment of reasonable travel and other expenses incidental to such attendance or visit paid by the County. -27- ��In1 E1111011'tII 1 . 1 any It 'I ally ARTS,:'_E. V AJ'Epi �E; T 1 . These 31-Laws � , the Board of A i may be anend°;j by fwriting oaeach ' tiert provided h ` affirmative ore Cel ')�1' of the �r1Ch aI' c p, n+ d5 �f four "embers the meeting at mher such board or Adjustment stn seven in action is taken. at least sevdays en prior Thsecondee, above f�oreEoi gtR Resolution was, on motion pted b� �^ping vote: duly mach and ; arsna 1 r•hnCCYson Glenn K.Gillir�gs DATED: JAhilARY 27 1071 Harry, S. nsrle� ATTEST: Clerk to Life board�— APPROVED AS TO FOid,1 • County Atttrr, y i, PVT k eo:1 BM-. QIIou I _r Hall APPENDIX E COMPILATION Or COLORADO LAND USE STATUTES (Copies of this Appendix were included only in the six (6) original copies of this report . If additional copies are needed please contact the ' eld County Planning Department. ) Hello